PUBLIC LAW 116–94—DEC. 20, 2019
FURTHER CONSOLIDATED
APPROPRIATIONS ACT, 2020
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133 STAT. 2534 PUBLIC LAW 116–94—DEC. 20, 2019
Public Law 116–94
116th Congress
An Act
Making further consolidated appropriations for the fiscal year ending September
30, 2020, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Further Consolidated Appropria-
tions Act, 2020’’.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
Sec. 8 Office of Management and Budget Reporting Requirements.
DIVISION A—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
Title V—General Provisions
DIVISION B—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I—Agricultural Programs
Title II—Farm Production and Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agencies and Food and Drug Administration
Title VII—General Provisions
DIVISION C—ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I—Corps of Engineers—Civil
Title II—Department of the Interior
Title III—Department of Energy
Title IV—Independent Agencies
Title V—General Provisions
DIVISION D—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I—Department of the Interior
Title II—Environmental Protection Agency
Title III—Related Agencies
Further
Consolidated
Appropriations
Act, 2020.
Dec. 20, 2019
[H.R. 1865]
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133 STAT. 2535 PUBLIC LAW 116–94—DEC. 20, 2019
Title IV—General Provisions
DIVISION E—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
Title I—Legislative Branch
Title II—General Provisions
DIVISION F—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I—Department of Defense
Title II—Department of Veterans Affairs
Title III—Related Agencies
Title IV—Overseas Contingency Operations
Title V—Natural Disaster Relief
Title VI—General Provisions
DIVISION G—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2020
Title I—Department of State and Related Agency
Title II—United States Agency for International Development
Title III—Bilateral Economic Assistance
Title IV—International Security Assistance
Title V—Multilateral Assistance
Title VI—Export and Investment Assistance
Title VII—General Provisions
DIVISION H—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I—Department of Transportation
Title II—Department of Housing and Urban Development
Title III—Related Agencies
Title IV—General Provisions—This Act
DIVISION I—EXTENSIONS
Title I—Immigration Extensions
Title II—National Flood Insurance Program Extension
Title III—Secure Rural Schools and Community Self-Determination Extension
Title IV—Export-Import Bank Extension
Title V—Terrorism Risk Insurance Program Extension
Title VI—NASA Enhanced Use Leasing Extension
Title VII—INKSNA Extension
Title VIII—Brand USA Extension
Title IX—DC Opportunity Scholarship Extensions
Title X—Budgetary Effects
DIVISION J—FOREIGN POLICY
DIVISION K—NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE
COIN
DIVISION L—DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS
DIVISION M—BIPARTISAN AMERICAN MINERS
DIVISION N—HEALTH AND HUMAN SERVICES EXTENDERS
DIVISION O—SETTING EVERY COMMUNITY UP FOR RETIREMENT
ENHANCEMENT
DIVISION P—OTHER MATTER
Title I—Platte River Recovery Implementation Program
Title II—Great Lakes
Title III—Morris K. Udall and Stewart L. Udall Foundation
Title IV—White Horse Hill National Game Preserve
Title V—Pittman-Robertson Fund
Title VI—John F. Kennedy Center
Title VII—Preserving America’s Battlefields
Title VIII—Veterans Affairs Report on Disability Compensation and the Positive As-
sociation With Exposure to an Herbicide Agent
Title IX—Disaster Recovery Workforce
Title X—Television Viewer Protection
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133 STAT. 2536 PUBLIC LAW 116–94—DEC. 20, 2019
Title XI—Eligibility to Receive Signals Under a Distant-Signal Satellite License
Title XII—Groundfish Trawl Fishery
Title XIII—Temporary Relief from Certain ERISA Requirements
Title XIV—Library of Congress Technical Corrections
Title XV—Senate Entities
Title XVI—Legislative Branch Inspectors General Independence
Title XVII—Managing Political Fund Activity
Title XVIII—Kentucky Wildlands National Heritage Area Study
Title XIX—International Bank for Reconstruction and Development
Title XX—European Energy Security and Diversification Act of 2019
DIVISION Q—REVENUE PROVISIONS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the
House section of the Congressional Record on or about December
17, 2019, and submitted by the Chairwoman of the Committee
on Appropriations of the House, shall have the same effect with
respect to the allocation of funds and implementation of divisions
A through H of this Act as if it were a joint explanatory statement
of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2020.
SEC. 6. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
shall be available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
(b) Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be available (or rescinded, if
applicable) only if the President subsequently so designates all
such amounts and transmits such designations to the Congress.
SEC. 7. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments
for Members of Congress) during fiscal year 2020.
SEC. 8. OFFICE OF MANAGEMENT AND BUDGET REPORTING REQUIRE-
MENTS.
(a) As of the date of enactment of this Act, section 150 of
the Continuing Appropriations Act, 2020 (division A of Public Law
116–59), as added by the Further Continuing Appropriations Act,
2020 (division A of Public Law 116–69), shall no longer have any
force or effect.
(b) Notwithstanding the ‘‘7 calendar days’’ requirement in sec-
tion 251(a)(7)(B) of the Balanced Budget and Emergency Deficit
Estimates.
2 USC 4501 note.
President.
1 USC 1 note.
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133 STAT. 2537 PUBLIC LAW 116–94—DEC. 20, 2019
Control Act of 1985 (2 U.S.C. 901(a)(7)(B)), for any appropriations
Act for fiscal year 2020 enacted before January 1, 2020, the Office
of Management and Budget shall transmit to the Congress its
report under that section estimating the discretionary budgetary
effects of such Acts not later than January 15, 2020.
DIVISION A—DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF LABOR
E
MPLOYMENT AND
T
RAINING
A
DMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Innovation and Oppor-
tunity Act (referred to in this Act as ‘‘WIOA’’) and the National
Apprenticeship Act, $3,611,200,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,819,832,000 as follows:
(A) $854,649,000 for adult employment and training
activities, of which $142,649,000 shall be available for the
period July 1, 2020 through June 30, 2021, and of which
$712,000,000 shall be available for the period October 1,
2020 through June 30, 2021;
(B) $913,130,000 for youth activities, which shall be
available for the period April 1, 2020 through June 30,
2021; and
(C) $1,052,053,000 for dislocated worker employment
and training activities, of which $192,053,000 shall be
available for the period July 1, 2020 through June 30,
2021, and of which $860,000,000 shall be available for
the period October 1, 2020 through June 30, 2021:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall
not be subject to the requirements of section 127(b)(1)(B)(ii)
of such Act; and
(2) for national programs, $791,368,000 as follows:
(A) $270,859,000 for the dislocated workers assistance
national reserve, of which $70,859,000 shall be available
for the period July 1, 2020 through September 30, 2021,
and of which $200,000,000 shall be available for the period
October 1, 2020 through September 30, 2021: Provided,
That funds provided to carry out section 132(a)(2)(A) of
the WIOA may be used to provide assistance to a State
for statewide or local use in order to address cases where
there have been worker dislocations across multiple sectors
or across multiple local areas and such workers remain
dislocated; coordinate the State workforce development
plan with emerging economic development needs; and train
such eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c) of
Coordination.
Grants.
State and local
governments.
Time periods.
Department of
Labor
Appropriations
Act, 2020.
Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 2020.
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133 STAT. 2538 PUBLIC LAW 116–94—DEC. 20, 2019
the WIOA may be used for technical assistance and dem-
onstration projects, respectively, that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That notwithstanding section 168(b) of
the WIOA, of the funds provided under this subparagraph,
the Secretary of Labor (referred to in this title as ‘‘Sec-
retary’’) may reserve not more than 10 percent of such
funds to provide technical assistance and carry out addi-
tional activities related to the transition to the WIOA:
Provided further, That of the funds provided under this
subparagraph, $70,000,000 shall be for training and
employment assistance under sections 168(b), 169(c) (not-
withstanding the 10 percent limitation in such section)
and 170 of the WIOA as follows:
(i) $30,000,000 shall be for workers in the Appa-
lachian region, as defined by 40 U.S.C. 14102(a)(1)
and workers in the Lower Mississippi, as defined in
section 4(2) of the Delta Development Act (Public Law
100–460, 102 Stat. 2246; 7 U.S.C. 2009aa(2));
(ii) $40,000,000 shall be for the purpose of devel-
oping, offering, or improving educational or career
training programs at community colleges, defined as
public institutions of higher education, as described
in section 101(a) of the Higher Education Act and
at which the associate’s degree is primarily the highest
degree awarded, with other eligible institutions of
higher education, as defined in section 101(a) of the
Higher Education Act, eligible to participate through
consortia, with community colleges as the lead grantee:
Provided, That the Secretary shall follow the require-
ments for the program in House Report 116–62: Pro-
vided further, That any grant funds used for
apprenticeships shall be used to support only
apprenticeship programs registered under the National
Apprenticeship Act and as referred to in section 3(7)(B)
of the Workforce Innovation and Opportunity Act;
(B) $55,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2020 through June 30, 2021;
(C) $91,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$85,229,000 for formula grants (of which not less than
70 percent shall be for employment and training services),
$6,122,000 for migrant and seasonal housing (of which
not less than 70 percent shall be for permanent housing),
and $545,000 for other discretionary purposes, which shall
be available for the period April 1, 2020 through June
30, 2021: Provided, That notwithstanding any other provi-
sion of law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance services
or discouraging grantees from providing such services;
(D) $94,534,000 for YouthBuild activities as described
in section 171 of the WIOA, which shall be available for
the period April 1, 2020 through June 30, 2021;
Grants.
Grants.
Requirements.
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133 STAT. 2539 PUBLIC LAW 116–94—DEC. 20, 2019
(E) $98,079,000 for ex-offender activities, under the
authority of section 169 of the WIOA, which shall be avail-
able for the period April 1, 2020 through June 30, 2021:
Provided, That of this amount, $25,000,000 shall be for
competitive grants to national and regional intermediaries
for activities that prepare young ex-offenders and school
dropouts for employment, with a priority for projects
serving high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality Initia-
tive, under the authority of section 169 of the WIOA, which
shall be available for the period July 1, 2020 through
June 30, 2021; and
(G) $175,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B)
of the WIOA, to be available to the Secretary to carry
out activities through grants, cooperative agreements, con-
tracts and other arrangements, with States and other
appropriate entities, which shall be available for the period
July 1, 2020 through June 30, 2021.
JOB CORPS
(INCLUDING TRANSFER OF FUNDS)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training cen-
ters as authorized by the WIOA, $1,743,655,000, plus reimburse-
ments, as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall
be available for the period July 1, 2020 through June 30,
2021;
(2) $108,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2020 through June 30, 2023, and which
may include the acquisition, maintenance, and repair of major
items of equipment: Provided, That the Secretary may transfer
up to 15 percent of such funds to meet the operational needs
of such centers or to achieve administrative efficiencies: Pro-
vided further, That any funds transferred pursuant to the pre-
ceding provision shall not be available for obligation after June
30, 2021: Provided further, That the Committees on Appropria-
tions of the House of Representatives and the Senate are noti-
fied at least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2019
through September 30, 2020:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ‘‘OAA’’), $405,000,000, which shall be available
for the period April 1, 2020 through June 30, 2021, and may
Notification.
Termination
date.
Grants.
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133 STAT. 2540 PUBLIC LAW 116–94—DEC. 20, 2019
be recaptured and reobligated in accordance with section 517(c)
of the OAA.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during fiscal year 2020 of trade adjustment ben-
efit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related State
administrative expenses under part II of subchapter B of chapter
2 of title II of the Trade Act of 1974, and including benefit payments,
allowances, training, employment and case management services,
and related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of 2011
and section 405(a) of the Trade Preferences Extension Act of 2015,
$680,000,000 together with such amounts as may be necessary
to be charged to the subsequent appropriation for payments for
any period subsequent to September 15, 2020: Provided, That not-
withstanding section 502 of this Act, any part of the appropriation
provided under this heading may remain available for obligation
beyond the current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS
For authorized administrative expenses, $84,066,000, together
with not to exceed $3,290,583,000 which may be expended from
the Employment Security Administration Account in the Unemploy-
ment Trust Fund (‘‘the Trust Fund’’), of which:
(1) $2,540,816,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $175,000,000 to carry out reemploy-
ment services and eligibility assessments under section 306
of such Act, any claimants of regular compensation, as defined
in such section, including those who are profiled as most likely
to exhaust their benefits, may be eligible for such services
and assessments: Provided, That of such amount, $117,000,000
is specified for grants under section 306 of the Social Security
Act and is provided to meet the terms of section 251(b)(2)(E)(ii)
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, and $58,000,000 is additional new budget
authority specified for purposes of section 251(b)(2)(E)(i)(II) of
such Act; and $9,000,000 for continued support of the
Unemployment Insurance Integrity Center of Excellence), the
administration of unemployment insurance for Federal
employees and for ex-service members as authorized under
5 U.S.C. 8501–8523, and the administration of trade readjust-
ment allowances, reemployment trade adjustment assistance,
and alternative trade adjustment assistance under the Trade
Act of 1974 and under section 231(a) of the Trade Adjustment
Assistance Extension Act of 2011 and section 405(a) of the
Trade Preferences Extension Act of 2015, and shall be available
for obligation by the States through December 31, 2020, except
that funds used for automation shall be available for Federal
obligation through December 31, 2020, and for State obligation
Grants.
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133 STAT. 2541 PUBLIC LAW 116–94—DEC. 20, 2019
through September 30, 2022, or, if the automation is being
carried out through consortia of States, for State obligation
through September 30, 2026, and for expenditure through Sep-
tember 30, 2027, and funds for competitive grants awarded
to States for improved operations and to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews and provide reemploy-
ment services and referrals to training, as appropriate, shall
be available for Federal obligation through December 31, 2020,
and for obligation by the States through September 30, 2022,
and funds for the Unemployment Insurance Integrity Center
of Excellence shall be available for obligation by the State
through September 30, 2021, and funds used for unemployment
insurance workloads experienced through September 30, 2020
shall be available for Federal obligation through December
31, 2020;
(2) $12,000,000 from the Trust Fund is for national activi-
ties necessary to support the administration of the Federal-
State unemployment insurance system;
(3) $646,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2020 through June 30, 2021;
(4) $22,318,000 from the Trust Fund is for national activi-
ties of the Employment Service, including administration of
the work opportunity tax credit under section 51 of the Internal
Revenue Code of 1986, and the provision of technical assistance
and staff training under the Wagner-Peyser Act;
(5) $68,810,000 from the Trust Fund is for the administra-
tion of foreign labor certifications and related activities under
the Immigration and Nationality Act and related laws, of which
$54,528,000 shall be available for the Federal administration
of such activities, and $14,282,000 shall be available for grants
to States for the administration of such activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2020
through June 30, 2021:
Provided, That to the extent that the Average Weekly Insured
Unemployment (‘‘AWIU’’) for fiscal year 2020 is projected by the
Department of Labor to exceed 1,706,000, an additional $28,600,000
from the Trust Fund shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata amount
for any increment less than 100,000) to carry out title III of the
Social Security Act: Provided further, That funds appropriated in
this Act that are allotted to a State to carry out activities under
title III of the Social Security Act may be used by such State
to assist other States in carrying out activities under such title
III if the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided further,
That the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States for the use of the National Directory of New
Hires under section 453(j)(8) of such Act: Provided further, That
Grants.
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133 STAT. 2542 PUBLIC LAW 116–94—DEC. 20, 2019
the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career
center system, or which are used to support the national activities
of the Federal-State unemployment insurance, employment service,
or immigration programs, may be obligated in contracts, grants,
or agreements with States and non-State entities: Provided further,
That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and non-
State entities under such grants, subject to the conditions applicable
to the grants: Provided further, That funds appropriated under
this Act for activities authorized under title III of the Social Security
Act and the Wagner-Peyser Act may be used by States to fund
integrated Unemployment Insurance and Employment Service auto-
mation efforts, notwithstanding cost allocation principles prescribed
under the final rule entitled ‘‘Uniform Administrative Require-
ments, Cost Principles, and Audit Requirements for Federal
Awards’’ at part 200 of title 2, Code of Federal Regulations: Provided
further, That the Secretary, at the request of a State participating
in a consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to other States
participating in the consortium or to the entity operating the
Unemployment Insurance Information Technology Support Center
in order to carry out activities that benefit the administration
of the unemployment compensation law of the State making the
request: Provided further, That the Secretary may collect fees for
the costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural Workers
Survey requested by State and local governments, public and pri-
vate institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions of
29 U.S.C. 9a, for the National Agricultural Workers Survey infra-
structure, methodology, and data to meet the information collection
and reporting needs of such entities, which shall be credited to
this appropriation and shall remain available until September 30,
2021, for such purposes.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
and to the Black Lung Disability Trust Fund as authorized by
section 9501(c)(1) of the Internal Revenue Code of 1986; and for
nonrepayable advances to the revolving fund established by section
901(e) of the Social Security Act, to the Unemployment Trust Fund
as authorized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment
Benefits and Allowances’’ account, such sums as may be necessary,
which shall be available for obligation through September 30, 2021.
PROGRAM ADMINISTRATION
For expenses of administering employment and training pro-
grams, $108,674,000, together with not to exceed $49,982,000 which
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133 STAT. 2543 PUBLIC LAW 116–94—DEC. 20, 2019
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
E
MPLOYEE
B
ENEFITS
S
ECURITY
A
DMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall be
made available through September 30, 2021, for the procurement
of expert witnesses for enforcement litigation.
P
ENSION
B
ENEFIT
G
UARANTY
C
ORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is
authorized to make such expenditures, including financial assist-
ance authorized by subtitle E of title IV of the Employee Retirement
Income Security Act of 1974, within limits of funds and borrowing
authority available to the Corporation, and in accord with law,
and to make such contracts and commitments without regard to
fiscal year limitations, as provided by 31 U.S.C. 9104, as may
be necessary in carrying out the program, including associated
administrative expenses, through September 30, 2020, for the Cor-
poration: Provided, That none of the funds available to the Corpora-
tion for fiscal year 2020 shall be available for obligations for
administrative expenses in excess of $452,858,000: Provided further,
That to the extent that the number of new plan participants in
plans terminated by the Corporation exceeds 100,000 in fiscal year
2020, an amount not to exceed an additional $9,200,000 shall be
available through September 30, 2024, for obligations for adminis-
trative expenses for every 20,000 additional terminated partici-
pants: Provided further, That obligations in excess of the amounts
provided for administrative expenses in this paragraph may be
incurred and shall be available through September 30, 2024 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program
related expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That an additional amount shall be available for obligation through
September 30, 2024 to the extent the Corporation’s costs exceed
$250,000 for the provision of credit or identity monitoring to affected
individuals upon suffering a security incident or privacy breach,
not to exceed an additional $100 per affected individual.
W
AGE AND
H
OUR
D
IVISION
SALARIES AND EXPENSES
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies and
their employees for inspection services rendered, $242,000,000.
Notification.
Contracts.
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133 STAT. 2544 PUBLIC LAW 116–94—DEC. 20, 2019
O
FFICE OF
L
ABOR
-M
ANAGEMENT
S
TANDARDS
SALARIES AND EXPENSES
For necessary expenses for the Office of Labor-Management
Standards, $43,187,000.
O
FFICE OF
F
EDERAL
C
ONTRACT
C
OMPLIANCE
P
ROGRAMS
SALARIES AND EXPENSES
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,976,000.
O
FFICE OF
W
ORKERS
’ C
OMPENSATION
P
ROGRAMS
SALARIES AND EXPENSES
For necessary expenses for the Office of Workers’ Compensation
Programs, $115,424,000, together with $2,177,000 which may be
expended from the Special Fund in accordance with sections 39(c),
44(d), and 44(j) of the Longshore and Harbor Workers’ Compensa-
tion Act.
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by 5 U.S.C. 81; continuation of
benefits as provided for under the heading ‘‘Civilian War Benefits’’
in the Federal Security Agency Appropriation Act, 1947; the
Employees’ Compensation Commission Appropriation Act, 1944; sec-
tion 5(f) of the War Claims Act (50 U.S.C. App. 2012); obligations
incurred under the War Hazards Compensation Act (42 U.S.C.
1701 et seq.); and 50 percent of the additional compensation and
benefits required by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, $234,600,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
year, for deposit into and to assume the attributes of the Employees’
Compensation Fund established under 5 U.S.C. 8147(a): Provided,
That amounts appropriated may be used under 5 U.S.C. 8104
by the Secretary to reimburse an employer, who is not the employer
at the time of injury, for portions of the salary of a re-employed,
disabled beneficiary: Provided further, That balances of reimburse-
ments unobligated on September 30, 2019, shall remain available
until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be trans-
ferred to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C. 8147(c)
to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administra-
tion for employees of such fair share entities through September
30, 2020: Provided further, That of those funds transferred to this
account from the fair share entities to pay the cost of administration
Determination.
Reimbursement.
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133 STAT. 2545 PUBLIC LAW 116–94—DEC. 20, 2019
of the Federal Employees’ Compensation Act, $74,777,000 shall
be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$24,540,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake, and med-
ical bill processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $25,535,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the Treasury
as miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C.
81, or the Longshore and Harbor Workers’ Compensation Act, pro-
vide as part of such notice and claim, such identifying information
(including Social Security account number) as such regulations
may prescribe.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, as amended by Public Law 107–275, $20,970,000,
to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter
of fiscal year 2021, $14,000,000, to remain available until expended.
ADMINISTRATIVE EXPENSES
,
ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION FUND
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000, to
remain available until expended: Provided, That the Secretary may
require that any person filing a claim for benefits under the Act
provide as part of such claim such identifying information (including
Social Security account number) as may be prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Such sums as may be necessary from the Black Lung Disability
Trust Fund (the ‘‘Fund’’), to remain available until expended, for
payment of all benefits authorized by section 9501(d)(1), (2), (6),
and (7) of the Internal Revenue Code of 1986; and repayment
of, and payment of interest on advances, as authorized by section
9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2020 for expenses of
operation and administration of the Black Lung Benefits program,
as authorized by section 9501(d)(5): not to exceed $38,246,000 for
transfer to the Office of Workers’ Compensation Programs, ‘‘Salaries
and Expenses’’; not to exceed $32,844,000 for transfer to Depart-
mental Management, ‘‘Salaries and Expenses’’; not to exceed
$330,000 for transfer to Departmental Management, ‘‘Office of
26 USC 9501
note.
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133 STAT. 2546 PUBLIC LAW 116–94—DEC. 20, 2019
Inspector General’’; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of the
Treasury.
O
CCUPATIONAL
S
AFETY AND
H
EALTH
A
DMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $581,787,000, including not to exceed $108,575,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act
(the ‘‘Act’’), which grants shall be no less than 50 percent of the
costs of State occupational safety and health programs required
to be incurred under plans approved by the Secretary under section
18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $499,000 per fiscal year of training institute course tuition
and fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health training and
education: Provided, That notwithstanding 31 U.S.C. 3302, the Sec-
retary is authorized, during the fiscal year ending September 30,
2020, to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers
in the workplace: Provided further, That none of the funds appro-
priated under this paragraph shall be obligated or expended to
prescribe, issue, administer, or enforce any standard, rule, regula-
tion, or order under the Act which is applicable to any person
who is engaged in a farming operation which does not maintain
a temporary labor camp and employs 10 or fewer employees: Pro-
vided further, That no funds appropriated under this paragraph
shall be obligated or expended to administer or enforce any
standard, rule, regulation, or order under the Act with respect
to any employer of 10 or fewer employees who is included within
a category having a Days Away, Restricted, or Transferred (‘‘DART’’)
occupational injury and illness rate, at the most precise industrial
classification code for which such data are published, less than
the national average rate as such rates are most recently published
by the Secretary, acting through the Bureau of Labor Statistics,
in accordance with section 24 of the Act, except—
(1) to provide, as authorized by the Act, consultation, tech-
nical assistance, educational and training services, and to con-
duct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for viola-
tions which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
Small businesses.
Farms and
farming.
Fees.
Grants.
State and local
governments.
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133 STAT. 2547 PUBLIC LAW 116–94—DEC. 20, 2019
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $11,537,000 shall be available
for Susan Harwood training grants, of which not less than
$4,500,000 is for Susan Harwood Training Capacity Building
Developmental grants, as described in Funding Opportunity
Number SHTG–FY–16–02 (referenced in the notice of availability
of funds published in the Federal Register on May 3, 2016 (81
Fed. Reg. 30568)) for program activities starting not later than
September 30, 2020 and lasting for a period of 12 months: Provided
further, That not less than $3,500,000 shall be for Voluntary Protec-
tion Programs.
M
INE
S
AFETY AND
H
EALTH
A
DMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $379,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-
aid work, and the hire of passenger motor vehicles, including up
to $2,000,000 for mine rescue and recovery activities and not less
than $10,537,000 for State assistance grants: Provided, That not-
withstanding 31 U.S.C. 3302, not to exceed $750,000 may be col-
lected by the National Mine Health and Safety Academy for room,
board, tuition, and the sale of training materials, otherwise author-
ized by law to be collected, to be available for mine safety and
health education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to $2,499,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such
sums for such activities: Provided further, That the Secretary is
authorized to accept lands, buildings, equipment, and other con-
tributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private: Pro-
vided further, That the Mine Safety and Health Administration
is authorized to promote health and safety education and training
in the mining community through cooperative programs with States,
industry, and safety associations: Provided further, That the Sec-
retary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding
any other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and
Health Administration officials as officers in local chapters or in
the national organization: Provided further, That any funds avail-
able to the Department of Labor may be used, with the approval
of the Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
30 USC 962.
30 USC 962.
30 USC 962.
30 USC 962.
30 USC 966 note.
Grants.
Time period.
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133 STAT. 2548 PUBLIC LAW 116–94—DEC. 20, 2019
B
UREAU OF
L
ABOR
S
TATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $587,000,000,
together with not to exceed $68,000,000 which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund.
Within this amount, $27,000,000 to remain available until Sep-
tember 30, 2024, for costs associated with the physical move of
the Bureau of Labor Statistics’ headquarters, including replication
of space, furniture, fixtures, equipment, and related costs, as well
as relocation of the data center to a shared facility.
O
FFICE OF
D
ISABILITY
E
MPLOYMENT
P
OLICY
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and
award grants furthering the objective of eliminating barriers to
the training and employment of people with disabilities,
$38,500,000.
D
EPARTMENTAL
M
ANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles, $348,056,000,
together with not to exceed $308,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That $67,325,000 for the
Bureau of International Labor Affairs shall be available for obliga-
tion through December 31, 2020: Provided further, That funds avail-
able to the Bureau of International Labor Affairs may be used
to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other arrangements:
Provided further, That not more than $53,825,000 shall be for
programs to combat exploitative child labor internationally and
not less than $13,500,000 shall be used to implement model pro-
grams that address worker rights issues through technical assist-
ance in countries with which the United States has free trade
agreements or trade preference programs: Provided further, That
$8,040,000 shall be used for program evaluation and shall be avail-
able for obligation through September 30, 2021: Provided further,
That funds available for program evaluation may be used to admin-
ister grants for the purpose of evaluation: Provided further, That
grants made for the purpose of evaluation shall be awarded through
fair and open competition: Provided further, That funds available
for program evaluation may be transferred to any other appropriate
account in the Department for such purpose: Provided further,
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133 STAT. 2549 PUBLIC LAW 116–94—DEC. 20, 2019
That the Committees on Appropriations of the House of Representa-
tives and the Senate are notified at least 15 days in advance
of any transfer: Provided further, That the funds available to the
Women’s Bureau may be used for grants to serve and promote
the interests of women in the workforce: Provided further, That
of the amounts made available to the Women’s Bureau, not less
than $1,294,000 shall be used for grants authorized by the Women
in Apprenticeship and Nontraditional Occupations Act.
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $256,341,000 may be derived from the Employ-
ment Security Administration account in the Unemployment Trust
Fund to carry out the provisions of chapters 41, 42, and 43 of
title 38, United States Code, of which:
(1) $180,000,000 is for Jobs for Veterans State grants under
38 U.S.C. 4102A(b)(5) to support disabled veterans’ outreach
program specialists under section 4103A of such title and local
veterans’ employment representatives under section 4104(b)
of such title, and for the expenses described in section
4102A(b)(5)(C), which shall be available for obligation by the
States through December 31, 2020, and not to exceed 3 percent
for the necessary Federal expenditures for data systems and
contract support to allow for the tracking of participant and
performance information: Provided, That, in addition, such
funds may be used to support such specialists and representa-
tives in the provision of services to transitioning members
of the Armed Forces who have participated in the Transition
Assistance Program and have been identified as in need of
intensive services, to members of the Armed Forces who are
wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $29,379,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $43,548,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That, up to $500,000
may be used to carry out the Hire VETS Act (division O
of Public Law 115–31); and
(4) $3,414,000 is for the National Veterans’ Employment
and Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropria-
tions provided under paragraphs (1) through (4) above an amount
not to exceed 3 percent of the appropriation from which such re-
allocation is made.
In addition, from the General Fund of the Treasury,
$55,000,000 is for carrying out programs to assist homeless veterans
and veterans at risk of homelessness who are transitioning from
certain institutions under sections 2021, 2021A, and 2023 of title
38, United States Code: Provided, That notwithstanding subsections
(c)(3) and (d) of section 2023, the Secretary may award grants
through September 30, 2020, to provide services under such section:
Provided further, That services provided under sections 2021 or
under 2021A may include, in addition to services to homeless vet-
erans described in section 2002(a)(1), services to veterans who were
Time periods.
Grants.
Grants.
Notification.
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133 STAT. 2550 PUBLIC LAW 116–94—DEC. 20, 2019
homeless at some point within the 60 days prior to program entry
or veterans who are at risk of homelessness within the next 60
days, and that services provided under section 2023 may include,
in addition to services to the individuals described in subsection
(e) of such section, services to veterans recently released from
incarceration who are at risk of homelessness: Provided further,
That notwithstanding paragraph (3) under this heading, funds
appropriated in this paragraph may be used for data systems and
contract support to allow for the tracking of participant and
performance information: Provided further, That notwithstanding
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31 U.S.C.
1553.
In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
Vets Act, and such amounts shall be available to the Secretary
to carry out the HIRE Vets Medallion Award Program, as author-
ized by such Act, and shall remain available until expended: Pro-
vided, That such sums shall be in addition to any other funds
available for such purposes, including funds available under para-
graph (3) of this heading: Provided further, That section 2(d) of
division O of the Consolidated Appropriations Act, 2017 (Public
Law 115–31; 38 U.S.C. 4100 note) shall not apply.
IT MODERNIZATION
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $25,269,000, which shall be available
through September 30, 2021.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $85,187,000, together with not to exceed $5,660,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
G
ENERAL
P
ROVISIONS
S
EC
. 101. None of the funds appropriated by this Act for the
Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an indirect
cost, at a rate in excess of Executive Level II.
(TRANSFER OF FUNDS)
S
EC
. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred between
a program, project, or activity, but no such program, project, or
activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund
any project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations of
Notification.
Fees.
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133 STAT. 2551 PUBLIC LAW 116–94—DEC. 20, 2019
the House of Representatives and the Senate are notified at least
15 days in advance of any transfer.
S
EC
. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor
in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
S
EC
. 104. Except as otherwise provided in this section, none
of the funds made available to the Department of Labor for grants
under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be
used for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not currently
enrolled in school within a local educational agency in the occupa-
tions and industries for which employers are using H–1B visas
to hire foreign workers, and the related activities necessary to
support such training.
S
EC
. 105. None of the funds made available by this Act under
the heading ‘‘Employment and Training Administration’’ shall be
used by a recipient or subrecipient of such funds to pay the salary
and bonuses of an individual, either as direct costs or indirect
costs, at a rate in excess of Executive Level II. This limitation
shall not apply to vendors providing goods and services as defined
in Office of Management and Budget Circular A–133. Where States
are recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and bonuses
from subrecipients of such funds, taking into account factors
including the relative cost-of-living in the State, the compensation
levels for comparable State or local government employees, and
the size of the organizations that administer Federal programs
involved including Employment and Training Administration pro-
grams.
(TRANSFER OF FUNDS)
S
EC
. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside,
for technical assistance services to grantees to ‘‘Program Adminis-
tration’’ when it is determined that those services will be more
efficiently performed by Federal employees: Provided, That this
section shall not apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this
Act to ‘‘Program Administration’’ in order to carry out program
integrity activities relating to any of the programs or activities
that are funded under any such discretionary appropriations: Pro-
vided, That notwithstanding section 102 and the preceding proviso,
the Secretary may transfer not more than 0.5 percent of funds
made available in paragraphs (1) and (2) of the ‘‘Office of Job
Corps’’ account to paragraph (3) of such account to carry out pro-
gram integrity activities related to the Job Corps program: Provided
further, That funds transferred under the authority provided by
Child labor.
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133 STAT. 2552 PUBLIC LAW 116–94—DEC. 20, 2019
this subsection shall be available for obligation through September
30, 2021.
(TRANSFER OF FUNDS)
S
EC
. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act identi-
fied in subsection (b) in order to carry out evaluations of any
of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
‘‘Departmental Management’’ for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2021: Provided, That
such funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the Senate
describing the evaluations to be carried out 15 days in advance
of any transfer.
(b) The accounts referred to in subsection (a) are: ‘‘Training
and Employment Services’’, ‘‘Job Corps’’, ‘‘Community Service
Employment for Older Americans’’, ‘‘State Unemployment Insurance
and Employment Service Operations’’, ‘‘Employee Benefits Security
Administration’’, ‘‘Office of Workers’ Compensation Programs’’,
‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract Compliance
Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Occupational
Safety and Health Administration’’, ‘‘Mine Safety and Health
Administration’’, ‘‘Office of Disability Employment Policy’’, funding
made available to the ‘‘Bureau of International Labor Affairs’’ and
‘‘Women’s Bureau’’ within the ‘‘Departmental Management, Salaries
and Expenses’’ account, and ‘‘Veterans Employment and Training’’.
S
EC
. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following text
is part of such section:
‘‘(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee—
‘‘(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies or
contracts;
‘‘(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any min-
imum weekly amount established by the Secretary, whichever
is greater, for the number of weeks such employee is engaged
in any of the activities described in subparagraph (C); and
‘‘(C) whose duties include any of the following:
‘‘(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from
or relating to a disaster, witnesses, or physicians;
‘‘(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
‘‘(iii) evaluating and making recommendations
regarding coverage or compensability of claims or deter-
mining liability or value aspects of claims;
‘‘(iv) negotiating settlements; or
‘‘(v) making recommendations regarding litigation.
Time period.
Applicability.
Plan.
Evaluations.
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133 STAT. 2553 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(2) The exemption in this subsection shall not affect the exemp-
tion provided by section 13(a)(1).
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘major disaster’ means any disaster or catas-
trophe declared or designated by any State or Federal agency
or department;
‘‘(B) the term ‘employee employed to adjust or evaluate
claims resulting from or relating to such major disaster’ means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C) relating
to a major disaster, and is employed by an employer that
maintains worker compensation insurance coverage or protec-
tion for its employees, if required by applicable law, and with-
holds applicable Federal, State, and local income and payroll
taxes from the wages, salaries and any benefits of such
employees; and
‘‘(C) the term ‘affiliate’ means a company that, by reason
of ownership or control of 25 percent or more of the outstanding
shares of any class of voting securities of one or more compa-
nies, directly or indirectly, controls, is controlled by, or is under
common control with, another company.’’.
(b) This section shall be effective on the date of enactment
of this Act.
S
EC
. 109. (a) F
LEXIBILITY
W
ITH
R
ESPECT TO THE
C
ROSSING
OF
H–2B N
ONIMMIGRANTS
W
ORKING IN THE
S
EAFOOD
I
NDUSTRY
.—
(1) I
N GENERAL
.—Subject to paragraph (2), if a petition
for H–2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
which the employer is seeking the services of the non-
immigrants without filing another petition.
(2) R
EQUIREMENTS FOR CROSSINGS AFTER 90TH DAY
.—An
employer in the seafood industry may not bring H–2B non-
immigrants into the United States after the date that is 90
days after the start date for which the employer is seeking
the services of the nonimmigrants unless the employer—
(A) completes a new assessment of the local labor
market by—
(i) listing job orders in local newspapers on 2 sepa-
rate Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at
the employer’s place of employment; and
(B) offers the job to an equally or better qualified
United States worker who—
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) E
XEMPTION FROM RULES WITH RESPECT TO STAG
-
GERING
.—The Secretary of Labor shall not consider an employer
in the seafood industry who brings H–2B nonimmigrants into
the United States during the 120-day period specified in para-
graph (1) to be staggering the date of need in violation of
section 655.20(d) of title 20, Code of Federal Regulations, or
any other applicable provision of law.
Assessment.
Time period.
Time period.
Effective date.
Effective date.
Definitions.
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133 STAT. 2554 PUBLIC LAW 116–94—DEC. 20, 2019
(b) H–2B N
ONIMMIGRANTS
D
EFINED
.—In this section, the term
‘‘H–2B nonimmigrants’’ means aliens admitted to the United States
pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)).
S
EC
. 110. The determination of prevailing wage for the purposes
of the H–2B program shall be the greater of—(1) the actual wage
level paid by the employer to other employees with similar experi-
ence and qualifications for such position in the same location;
or (2) the prevailing wage level for the occupational classification
of the position in the geographic area in which the H–2B non-
immigrant will be employed, based on the best information available
at the time of filing the petition. In the determination of prevailing
wage for the purposes of the H–2B program, the Secretary shall
accept private wage surveys even in instances where Occupational
Employment Statistics survey data are available unless the Sec-
retary determines that the methodology and data in the provided
survey are not statistically supported.
S
EC
. 111. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in 20
CFR 655.5 or the three-fourths guarantee rule definition found
in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the
H–2B program, the definition of temporary need shall be that
provided in 8 CFR 214.2(h)(6)(ii)(B).
S
EC
. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements, con-
tracts, and other arrangements, up to $2,000,000 of excess personal
property, at a value determined by the Secretary, to apprenticeship
programs for the purpose of training apprentices in those programs.
S
EC
. 113. (a) The Act entitled ‘‘An Act to create a Department
of Labor’’, approved March 4, 1913 (37 Stat. 736, chapter 141)
shall be applied as if the following text is part of such Act:
‘‘SEC. 12. SECURITY DETAIL.
‘‘(a) I
N
G
ENERAL
.—The Secretary of Labor is authorized to
employ law enforcement officers or special agents to—
‘‘(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that
is preliminary or postliminary to the performance of official
duties by the Secretary;
‘‘(2) provide protection, incidental to the protection provided
to the Secretary, to a member of the immediate family of
the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
‘‘(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm,
in accordance with guidelines established by the Secretary;
and
‘‘(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established
by the Secretary.
‘‘(b) A
UTHORITIES
.—The Secretary of Labor may authorize a
law enforcement officer or special agent employed under subsection
Guidelines.
Guidelines.
Applicability.
Surveys.
Determinations.
Wages.
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133 STAT. 2555 PUBLIC LAW 116–94—DEC. 20, 2019
(a), for the purpose of performing the duties authorized under
subsection (a), to—
‘‘(1) carry firearms;
‘‘(2) make arrests without a warrant for any offense against
the United States committed in the presence of such officer
or special agent;
‘‘(3) perform protective intelligence work, including identi-
fying and mitigating potential threats and conducting advance
work to review security matters relating to sites and events;
‘‘(4) coordinate with local law enforcement agencies; and
‘‘(5) initiate criminal and other investigations into potential
threats to the security of the Secretary, in coordination with
the Inspector General of the Department of Labor.
‘‘(c) C
OMPLIANCE
W
ITH
G
UIDELINES
.—A law enforcement officer
or special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any—
‘‘(1) guidelines issued by the Attorney General; and
‘‘(2) guidelines prescribed by the Secretary of Labor.’’.
(b) This section shall be effective on the date of enactment
of this Act.
S
EC
. 114. The Secretary is authorized to dispose of or divest,
by any means the Secretary determines appropriate, including an
agreement or partnership to construct a new Job Corps center,
all or a portion of the real property on which the Treasure Island
Job Corps Center is situated. Any sale or other disposition will
not be subject to any requirement of any Federal law or regulation
relating to the disposition of Federal real property, including but
not limited to subchapter III of chapter 5 of title 40 of the United
States Code and subchapter V of chapter 119 of title 42 of the
United States Code. The net proceeds of such a sale shall be
transferred to the Secretary, which shall be available until expended
to carry out the Job Corps Program on Treasure Island.
(RESCISSION)
S
EC
. 115. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $150,000,000 are hereby rescinded.
S
EC
. 116. Funds made available in prior Acts under the heading
‘‘Department of Labor—Employment and Training Administration—
State Unemployment Insurance and Employment Service Oper-
ations’’ for fiscal years 2015 through 2019 for automation acquisi-
tions that are being carried out through consortia of States shall
be available for expenditure for 6 fiscal years after the final fiscal
year that such funds are available to incur new obligations.
S
EC
. 117. None of the funds made available by this Act may
be used to—
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of
the health and safety of the students, the capacity of the
program is retained, and the requirements of section 159(j)
of the Workforce Innovation and Opportunity Act are met.
This title may be cited as the ‘‘Department of Labor Appropria-
tions Act, 2020’’.
Time periods.
Effective date.
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133 STAT. 2556 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
H
EALTH
R
ESOURCES AND
S
ERVICES
A
DMINISTRATION
PRIMARY HEALTH CARE
For carrying out titles II and III of the Public Health Service
Act (referred to in this Act as the ‘‘PHS Act’’) with respect to
primary health care and the Native Hawaiian Health Care Act
of 1988, $1,626,522,000: Provided, That no more than $1,000,000
shall be available until expended for carrying out the provisions
of section 224(o) of the PHS Act: Provided further, That no more
than $120,000,000 shall be available until expended for carrying
out subsections (g) through (n) and (q) of section 224 of the PHS
Act, and for expenses incurred by the Department of Health and
Human Services (referred to in this Act as ‘‘HHS’’) pertaining
to administrative claims made under such law.
HEALTH WORKFORCE
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the
Social Security Act, and the Health Care Quality Improvement
Act of 1986, $1,194,506,000, of which $138,916,000 shall remain
available through September 30, 2021 to carry out sections 750,
755, 756, 760, 781, and 791 of the PHS Act: Provided, That sections
751(j)(2) and 762(k) of the PHS Act and the proportional funding
amounts in paragraphs (1) through (4) of section 756(f) of the
PHS Act shall not apply to funds made available under this heading:
Provided further, That for any program operating under section
751 of the PHS Act on or before January 1, 2009, the Secretary
of Health and Human Services (referred to in this title as the
‘‘Secretary’’) may hereafter waive any of the requirements contained
in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full
project period of a grant under such section: Provided further,
That no funds shall be available for section 340G–1 of the PHS
Act: Provided further, That fees collected for the disclosure of
information under section 427(b) of the Health Care Quality
Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of
the Social Security Act shall be sufficient to recover the full costs
of operating the programs authorized by such sections and shall
remain available until expended for the National Practitioner Data
Bank: Provided further, That funds transferred to this account
to carry out section 846 and subpart 3 of part D of title III of
the PHS Act may be used to make prior year adjustments to
awards made under such section and subpart: Provided further,
That $120,000,000 shall remain available until expended for the
purposes of providing primary health services, assigning National
Health Service Corps (‘‘NHSC’’) members to expand the delivery
of substance use disorder treatment services, notwithstanding the
assignment priorities and limitations under sections 333(a)(1)(D),
333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making payments
under the NHSC Loan Repayment Program under section 338B
of such Act: Provided further, That, within the amount made avail-
able in the previous proviso, $15,000,000 shall remain available
until expended for the purposes of making payments under the
Waiver authority.
42 USC 294a
note.
Department of
Health and
Human Services
Appropriations
Act, 2020.
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133 STAT. 2557 PUBLIC LAW 116–94—DEC. 20, 2019
NHSC Loan Repayment Program under section 338B of the PHS
Act to individuals participating in such program who provide pri-
mary health services in Indian Health Service facilities, Tribally-
Operated 638 Health Programs, and Urban Indian Health Programs
(as those terms are defined by the Secretary), notwithstanding
the assignment priorities and limitations under section 333(b) of
such Act: Provided further, That for purposes of the previous two
provisos, section 331(a)(3)(D) of the PHS Act shall be applied as
if the term ‘‘primary health services’’ includes clinical substance
use disorder treatment services, including those provided by masters
level, licensed substance use disorder treatment counselors: Pro-
vided further, That of the funds made available under this heading,
$5,000,000 shall be available to make grants to establish or expand
optional community-based nurse practitioner fellowship programs
that are accredited or in the accreditation process, with a preference
for those in Federally Qualified Health Centers, for practicing post-
graduate nurse practitioners in primary care or behavioral health.
Of the funds made available under this heading, $50,000,000
shall remain available until expended for grants to public institu-
tions of higher education to expand or support graduate education
for physicians provided by such institutions: Provided, That, in
awarding such grants, the Secretary shall give priority to public
institutions of higher education located in States with a projected
primary care provider shortage in 2025, as determined by the
Secretary: Provided further, That grants so awarded are limited
to such public institutions of higher education in States in the
top quintile of States with a projected primary care provider short-
age in 2025, as determined by the Secretary: Provided further,
That the minimum amount of a grant so awarded to such an
institution shall be not less than $1,000,000 per year: Provided
further, That such a grant may be awarded for a period not to
exceed 5 years: Provided further, That such a grant awarded with
respect to a year to such an institution shall be subject to a
matching requirement of non-Federal funds in an amount that
is not less than 10 percent of the total amount of Federal funds
provided in the grant to such institution with respect to such
year.
MATERNAL AND CHILD HEALTH
For carrying out titles III, XI, XII, and XIX of the PHS Act
with respect to maternal and child health and title V of the Social
Security Act, $943,784,000: Provided, That notwithstanding sections
502(a)(1) and 502(b)(1) of the Social Security Act, not more than
$119,116,000 shall be available for carrying out special projects
of regional and national significance pursuant to section 501(a)(2)
of such Act and $10,276,000 shall be available for projects described
in subparagraphs (A) through (F) of section 501(a)(3) of such Act.
RYAN WHITE HIV
/
AIDS PROGRAM
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,388,781,000, of which
$1,970,881,000 shall remain available to the Secretary through
September 30, 2022, for parts A and B of title XXVI of the PHS
Act, and of which not less than $900,313,000 shall be for State
AIDS Drug Assistance Programs under the authority of section
2616 or 311(c) of such Act; and of which $70,000,000, to remain
Time period.
Determination.
Determination.
Grants.
Grants.
Applicability.
Definition.
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133 STAT. 2558 PUBLIC LAW 116–94—DEC. 20, 2019
available until expended, shall be available to the Secretary for
carrying out a program of grants and contracts under title XXVI
or section 311(c) of such Act focused on ending the nationwide
HIV/AIDS epidemic, with any grants issued under such section
311(c) administered in conjunction with title XXVI of the PHS
Act, including the limitation on administrative expenses.
HEALTH CARE SYSTEMS
For carrying out titles III and XII of the PHS Act with respect
to health care systems, and the Stem Cell Therapeutic and Research
Act of 2005, $123,593,000, of which $122,000 shall be available
until expended for facilities renovations at the Gillis W. Long
Hansen’s Disease Center.
RURAL HEALTH
For carrying out titles III and IV of the PHS Act with respect
to rural health, section 427(a) of the Federal Coal Mine Health
and Safety Act of 1969, and sections 711 and 1820 of the Social
Security Act, $318,294,000, of which $53,609,000 from general reve-
nues, notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural hospital
flexibility grants program: Provided, That of the funds made avail-
able under this heading for Medicare rural hospital flexibility
grants, $19,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and adoption
of health information technology and up to $1,000,000 shall be
to carry out section 1820(g)(6) of the Social Security Act, with
funds provided for grants under section 1820(g)(6) available for
the purchase and implementation of telehealth services, including
pilots and demonstrations on the use of electronic health records
to coordinate rural veterans care between rural providers and the
Department of Veterans Affairs electronic health record system:
Provided further, That notwithstanding section 338J(k) of the PHS
Act, $12,500,000 shall be available for State Offices of Rural Health:
Provided further, That $10,000,000 shall remain available through
September 30, 2022, to support the Rural Residency Development
Program: Provided further, That $110,000,000 shall be for the Rural
Communities Opioids Response Program.
FAMILY PLANNING
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title
shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended
for any activity (including the publication or distribution of lit-
erature) that in any way tends to promote public support or opposi-
tion to any legislative proposal or candidate for public office.
PROGRAM MANAGEMENT
For program support in the Health Resources and Services
Administration, $155,300,000: Provided, That funds made available
under this heading may be used to supplement program support
funding provided under the headings ‘‘Primary Health Care’’,
Abortions.
Grants.
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133 STAT. 2559 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘Health Workforce’’, ‘‘Maternal and Child Health’’, ‘‘Ryan White
HIV/AIDS Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ‘‘Trust Fund’’), such sums as may be necessary
for claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988, pursuant
to subtitle 2 of title XXI of the PHS Act, to remain available
until expended: Provided, That for necessary administrative
expenses, not to exceed $10,200,000 shall be available from the
Trust Fund to the Secretary.
C
ENTERS FOR
D
ISEASE
C
ONTROL AND
P
REVENTION
IMMUNIZATION AND RESPIRATORY DISEASES
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assist-
ance Act, with respect to immunization and respiratory diseases,
$433,105,000.
HIV
/
AIDS
,
VIRAL HEPATITIS
,
SEXUALLY TRANSMITTED DISEASES
,
AND
TUBERCULOSIS PREVENTION
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,273,556,000.
EMERGING AND ZOONOTIC INFECTIOUS DISEASES
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and Nationality
Act, and section 501 of the Refugee Education Assistance Act,
with respect to emerging and zoonotic infectious diseases,
$570,372,000.
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
For carrying out titles II, III, XI, XV, XVII, and XIX of the
PHS Act with respect to chronic disease prevention and health
promotion, $984,964,000: Provided, That funds made available
under this heading may be available for making grants under
section 1509 of the PHS Act for not less than 21 States, tribes,
or tribal organizations: Provided further, That of the funds made
available under this heading, $15,000,000 shall be available to
continue and expand community specific extension and outreach
programs to combat obesity in counties with the highest levels
of obesity: Provided further, That the proportional funding require-
ments under section 1503(a) of the PHS Act shall not apply to
funds made available under this heading.
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133 STAT. 2560 PUBLIC LAW 116–94—DEC. 20, 2019
BIRTH DEFECTS
,
DEVELOPMENTAL DISABILITIES
,
DISABILITIES AND
HEALTH
For carrying out titles II, III, XI, and XVII of the PHS Act
with respect to birth defects, developmental disabilities, disabilities
and health, $160,810,000.
PUBLIC HEALTH SCIENTIFIC SERVICES
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $555,497,000.
ENVIRONMENTAL HEALTH
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $196,850,000.
INJURY PREVENTION AND CONTROL
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $677,379,000.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine
Safety and Health Act, section 13 of the Mine Improvement and
New Emergency Response Act, and sections 20, 21, and 22 of
the Occupational Safety and Health Act, with respect to occupa-
tional safety and health, $342,800,000.
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended: Provided, That this amount shall
be available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law
106–554.
GLOBAL HEALTH
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $570,843,000, of which: (1) $128,421,000
shall remain available through September 30, 2021 for international
HIV/AIDS; and (2) $173,400,000 shall remain available through
September 30, 2022 for global disease detection and emergency
response: Provided, That funds may be used for purchase and
insurance of official motor vehicles in foreign countries.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for
expenses necessary to support activities related to countering poten-
tial biological, nuclear, radiological, and chemical threats to civilian
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133 STAT. 2561 PUBLIC LAW 116–94—DEC. 20, 2019
populations, $850,200,000: Provided, That the Director of the Cen-
ters for Disease Control and Prevention (referred to in this title
as ‘‘CDC’’) or the Administrator of the Agency for Toxic Substances
and Disease Registry may detail staff without reimbursement for
up to 180 days to support an activation of the CDC Emergency
Operations Center, so long as the Director or Administrator, as
applicable, provides a notice to the Committees on Appropriations
of the House of Representatives and the Senate within 15 days
of the use of this authority and a full report within 30 days after
use of this authority which includes the number of staff and funding
level broken down by the originating center and number of days
detailed: Provided further, That funds appropriated under this
heading may be used to support a contract for the operation and
maintenance of an aircraft in direct support of activities throughout
CDC to ensure the agency is prepared to address public health
preparedness emergencies.
BUILDINGS AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $25,000,000,
which shall remain available until September 30, 2024: Provided,
That funds made available to this account in this or any prior
Act that are available for the acquisition of real property or for
construction or improvement of facilities shall be available to make
improvements on non-federally owned property, provided that any
improvements that are not adjacent to federally owned property
do not exceed $2,500,000, and that the primary benefit of such
improvements accrues to CDC: Provided further, That funds pre-
viously set-aside by CDC for repair and upgrade of the Lake Lynn
Experimental Mine and Laboratory shall be used to acquire a
replacement mine safety research facility: Provided further, That
in addition, the prior year unobligated balance of any amounts
assigned to former employees in accounts of CDC made available
for Individual Learning Accounts shall be credited to and merged
with the amounts made available under this heading to support
the replacement of the mine safety research facility.
CDC
-
WIDE ACTIVITIES AND PROGRAM SUPPORT
(INCLUDING TRANSFER OF FUNDS)
For carrying out titles II, III, XVII and XIX, and section 2821
of the PHS Act and for cross-cutting activities and program support
for activities funded in other appropriations included in this Act
for the Centers for Disease Control and Prevention, $198,570,000,
of which up to $5,000,000 may be transferred to the reserve of
the Working Capital Fund authorized under this heading in division
F of Public Law 112–74: Provided, That paragraphs (1) through
(3) of subsection (b) of section 2821 of the PHS Act shall not
apply to funds appropriated under this heading and in all other
accounts of the CDC: Provided further, That employees of CDC
or the Public Health Service, both civilian and commissioned offi-
cers, detailed to States, municipalities, or other organizations under
authority of section 214 of the PHS Act, or in overseas assignments,
shall be treated as non-Federal employees for reporting purposes
Time period.
Notice.
Deadlines.
Reports.
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133 STAT. 2562 PUBLIC LAW 116–94—DEC. 20, 2019
only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or HHS during the period of
detail or assignment: Provided further, That CDC may use up
to $10,000 from amounts appropriated to CDC in this Act for
official reception and representation expenses when specifically
approved by the Director of CDC: Provided further, That in addition,
such sums as may be derived from authorized user fees, which
shall be credited to the appropriation charged with the cost thereof:
Provided further, That with respect to the previous proviso, author-
ized user fees from the Vessel Sanitation Program and the Res-
pirator Certification Program shall be available through September
30, 2021.
N
ATIONAL
I
NSTITUTES OF
H
EALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $6,245,442,000, of which up to $30,000,000
may be used for facilities repairs and improvements at the National
Cancer Institute—Frederick Federally Funded Research and
Development Center in Frederick, Maryland.
NATIONAL HEART
,
LUNG
,
AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and blood
and blood products, $3,624,258,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases, $477,429,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$2,114,314,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke, $2,374,687,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases, $5,885,470,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,937,218,000, of which
$1,230,821,000 shall be from funds available under section 241
of the PHS Act: Provided, That not less than $386,573,000 is
provided for the Institutional Development Awards program.
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133 STAT. 2563 PUBLIC LAW 116–94—DEC. 20, 2019
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH
AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,556,879,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders, $824,090,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $802,598,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $3,543,673,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN
DISEASES
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin diseases,
$624,889,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$490,692,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $169,113,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $545,373,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,462,016,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,968,374,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $606,349,000.
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133 STAT. 2564 PUBLIC LAW 116–94—DEC. 20, 2019
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering research,
$403,638,000.
NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$151,740,000.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities research,
$335,812,000: Provided, That funds may be used to implement
a reorganization that is presented to an advisory council in a
public meeting and for which the Committees on Appropriations
of the House of Representatives and the Senate have been notified
30 days in advance.
JOHN E
.
FOGARTY INTERNATIONAL CENTER
For carrying out the activities of the John E. Fogarty Inter-
national Center (described in subpart 2 of part E of title IV of
the PHS Act), $80,760,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications, $456,911,000:
Provided, That of the amounts available for improvement of
information systems, $4,000,000 shall be available until September
30, 2021: Provided further, That in fiscal year 2020, the National
Library of Medicine may enter into personal services contracts
for the provision of services in facilities owned, operated, or con-
structed under the jurisdiction of the National Institutes of Health
(referred to in this title as ‘‘NIH’’).
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $832,888,000: Provided, That
up to $60,000,000 shall be available to implement section 480
of the PHS Act, relating to the Cures Acceleration Network: Pro-
vided further, That at least $578,141,000 is provided to the Clinical
and Translational Sciences Awards program.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the Director,
NIH, $2,239,787,000: Provided, That funding shall be available
for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited
to the NIH Management Fund shall remain available for one fiscal
year after the fiscal year in which they are deposited: Provided
Public
information.
Notification.
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133 STAT. 2565 PUBLIC LAW 116–94—DEC. 20, 2019
further, That $180,000,000 shall be for the Environmental Influ-
ences on Child Health Outcomes study: Provided further, That
$626,511,000 shall be available for the Common Fund established
under section 402A(c)(1) of the PHS Act: Provided further, That
of the funds provided, $10,000 shall be for official reception and
representation expenses when specifically approved by the Director
of the NIH: Provided further, That the Office of AIDS Research
within the Office of the Director of the NIH may spend up to
$8,000,000 to make grants for construction or renovation of facilities
as provided for in section 2354(a)(5)(B) of the PHS Act: Provided
further, That $50,000,000 shall be used to carry out section 404I
of the PHS Act (42 U.S.C. 283K), relating to biomedical and behav-
ioral research facilities: Provided further, That $5,000,000 shall
be transferred to and merged with the appropriation for the ‘‘Office
of Inspector General’’ for oversight of grant programs and operations
of the NIH, including agency efforts to ensure the integrity of
its grant application evaluation and selection processes, and shall
be in addition to funds otherwise made available for oversight
of the NIH: Provided further, That the funds provided in the pre-
vious proviso may be transferred from one specified activity to
another with 15 days prior approval of the Committees on Appro-
priations of the House of Representatives and the Senate: Provided
further, That the Inspector General shall consult with the Commit-
tees on Appropriations of the House of Representatives and the
Senate before submitting to the Committees an audit plan for
fiscal years 2020 and 2021 no later than 30 days after the date
of enactment of this Act: Provided further, That amounts available
under this heading are also available to establish, operate, and
support the Research Policy Board authorized by section 2034(f)
of the 21st Century Cures Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of title 26,
United States Code, for the purpose of carrying out section
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
authorized in the Gabriella Miller Kids First Research Act.
BUILDINGS AND FACILITIES
For the study of, construction of, demolition of, renovation
of, and acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $200,000,000, to remain
available through September 30, 2024.
NIH INNOVATION ACCOUNT
,
CURES ACT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the purposes described
in section 1001(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes in the appropriations pro-
vided to the NIH in this Act, $492,000,000, to remain available
until expended: Provided, That such amounts are appropriated
pursuant to section 1001(b)(3) of such Act, are to be derived from
amounts transferred under section 1001(b)(2)(A) of such Act, and
may be transferred by the Director of the National Institutes of
Health to other accounts of the National Institutes of Health solely
Consultation.
Audit plan.
Deadline.
Time period.
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133 STAT. 2566 PUBLIC LAW 116–94—DEC. 20, 2019
for the purposes provided in such Act: Provided further, That upon
a determination by the Director that funds transferred pursuant
to the previous proviso are not necessary for the purposes provided,
such amounts may be transferred back to the Account: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided by law.
S
UBSTANCE
A
BUSE AND
M
ENTAL
H
EALTH
S
ERVICES
A
DMINISTRATION
MENTAL HEALTH
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $1,644,974,000: Provided, That
of the funds made available under this heading, $68,887,000 shall
be for the National Child Traumatic Stress Initiative: Provided
further, That notwithstanding section 520A(f)(2) of the PHS Act,
no funds appropriated for carrying out section 520A shall be avail-
able for carrying out section 1971 of the PHS Act: Provided further,
That in addition to amounts provided herein, $21,039,000 shall
be available under section 241 of the PHS Act to carry out subpart
I of part B of title XIX of the PHS Act to fund section 1920(b)
technical assistance, national data, data collection and evaluation
activities, and further that the total available under this Act for
section 1920(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart I of part B of title XIX: Provided further,
That up to 10 percent of the amounts made available to carry
out the Children’s Mental Health Services program may be used
to carry out demonstration grants or contracts for early interven-
tions with persons not more than 25 years of age at clinical high
risk of developing a first episode of psychosis: Provided further,
That section 520E(b)(2) of the PHS Act shall not apply to funds
appropriated in this Act for fiscal year 2020: Provided further,
That States shall expend at least 10 percent of the amount each
receives for carrying out section 1911 of the PHS Act to support
evidence-based programs that address the needs of individuals with
early serious mental illness, including psychotic disorders, regard-
less of the age of the individual at onset: Provided further, That
$200,000,000 shall be available until September 30, 2022 for grants
to communities and community organizations who meet criteria
for Certified Community Behavioral Health Clinics pursuant to
section 223(a) of Public Law 113–93: Provided further, That none
of the funds provided for section 1911 of the PHS Act shall be
subject to section 241 of such Act: Provided further, That of the
funds made available under this heading, $19,000,000 shall be
to carry out section 224 of the Protecting Access to Medicare Act
of 2014 (Public Law 113–93; 42 U.S.C. 290aa 22 note).
SUBSTANCE ABUSE TREATMENT
For carrying out titles III and V of the PHS Act with respect
to substance abuse treatment and title XIX of such Act with respect
to substance abuse treatment and prevention, and the SUPPORT
for Patients and Communities Act, $3,756,556,000: Provided, That
$1,500,000,000 shall be for State Opioid Response Grants for car-
rying out activities pertaining to opioids and stimulants undertaken
by the State agency responsible for administering the substance
abuse prevention and treatment block grant under subpart II of
Determination.
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133 STAT. 2567 PUBLIC LAW 116–94—DEC. 20, 2019
part B of title XIX of the PHS Act (42 U.S.C. 300x–21 et seq.):
Provided further, That of such amount $50,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided further,
That 15 percent of the remaining amount shall be for the States
with the highest mortality rate related to opioid use disorders:
Provided further, That of the amounts provided for State Opioid
Response Grants not more than 2 percent shall be available for
Federal administrative expenses, training, technical assistance, and
evaluation: Provided further, That of the amount not reserved by
the previous three provisos, the Secretary shall make allocations
to States, territories, and the District of Columbia according to
a formula using national survey results that the Secretary deter-
mines are the most objective and reliable measure of drug use
and drug-related deaths: Provided further, That the Secretary shall
submit the formula methodology to the Committees on Appropria-
tions of the House of Representatives and the Senate not less
than 15 days prior to publishing a Funding Opportunity Announce-
ment: Provided further, That prevention and treatment activities
funded through such grants may include education, treatment
(including the provision of medication), behavioral health services
for individuals in treatment programs, referral to treatment serv-
ices, recovery support, and medical screening associated with such
treatment: Provided further, That each State, as well as the District
of Columbia, shall receive not less than $4,000,000: Provided fur-
ther, That in addition to amounts provided herein, the following
amounts shall be available under section 241 of the PHS Act:
(1) $79,200,000 to carry out subpart II of part B of title XIX
of the PHS Act to fund section 1935(b) technical assistance, national
data, data collection and evaluation activities, and further that
the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart
II of part B of title XIX; and (2) $2,000,000 to evaluate substance
abuse treatment programs: Provided further, That none of the funds
provided for section 1921 of the PHS Act or State Opioid Response
Grants shall be subject to section 241 of such Act.
SUBSTANCE ABUSE PREVENTION
For carrying out titles III and V of the PHS Act with respect
to substance abuse prevention, $206,469,000.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
For program support and cross-cutting activities that supple-
ment activities funded under the headings ‘‘Mental Health’’, ‘‘Sub-
stance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’ in
carrying out titles III, V, and XIX of the PHS Act and the Protection
and Advocacy for Individuals with Mental Illness Act in the Sub-
stance Abuse and Mental Health Services Administration,
$128,830,000: Provided, That in addition to amounts provided
herein, $31,428,000 shall be available under section 241 of the
PHS Act to supplement funds available to carry out national surveys
on drug abuse and mental health, to collect and analyze program
data, and to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be collected
for the costs of publications, data, data tabulations, and data anal-
ysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to
Fees.
Time period.
Determination.
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133 STAT. 2568 PUBLIC LAW 116–94—DEC. 20, 2019
this appropriation and shall remain available until expended for
such purposes: Provided further, That amounts made available in
this Act for carrying out section 501(o) of the PHS Act shall remain
available through September 30, 2021: Provided further, That funds
made available under this heading may be used to supplement
program support funding provided under the headings ‘‘Mental
Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse
Prevention’’.
A
GENCY FOR
H
EALTHCARE
R
ESEARCH AND
Q
UALITY
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $338,000,000: Provided, That section 947(c) of the PHS
Act shall not apply in fiscal year 2020: Provided further, That
in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale of
data shall be credited to this appropriation and shall remain avail-
able until September 30, 2021.
C
ENTERS FOR
M
EDICARE
& M
EDICAID
S
ERVICES
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $273,188,478,000, to remain avail-
able until expended.
For making, after May 31, 2020, payments to States under
title XIX or in the case of section 1928 on behalf of States under
title XIX of the Social Security Act for the last quarter of fiscal
year 2020 for unanticipated costs incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States or in the case of section 1928
on behalf of States under title XIX of the Social Security Act
for the first quarter of fiscal year 2021, $139,903,075,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PAYMENTS TO THE HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D–16 of the Social
Security Act, sections 103(c) and 111(d) of the Social Security
Amendments of 1965, section 278(d)(3) of Public Law 97–248, and
for administrative expenses incurred pursuant to section 201(g)
of the Social Security Act, $410,796,100,000.
In addition, for making matching payments under section 1844
and benefit payments under section 1860D–16 of the Social Security
Act that were not anticipated in budget estimates, such sums as
may be necessary.
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133 STAT. 2569 PUBLIC LAW 116–94—DEC. 20, 2019
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII
of the PHS Act, the Clinical Laboratory Improvement Amendments
of 1988, and other responsibilities of the Centers for Medicare
& Medicaid Services, not to exceed $3,669,744,000, to be transferred
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act; together with all funds
collected in accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the Secretary
pursuant to section 1893(h) of the Social Security Act, and such
sums as may be collected from authorized user fees and the sale
of data, which shall be credited to this account and remain available
until expended: Provided, That all funds derived in accordance
with 31 U.S.C. 9701 from organizations established under title
XIII of the PHS Act shall be credited to and available for carrying
out the purposes of this appropriation: Provided further, That the
Secretary is directed to collect fees in fiscal year 2020 from Medicare
Advantage organizations pursuant to section 1857(e)(2) of the Social
Security Act and from eligible organizations with risk-sharing con-
tracts under section 1876 of that Act pursuant to section
1876(k)(4)(D) of that Act: Provided further, That amounts available
under this heading to support quality improvement organizations
(as defined in section 1152 of the Social Security Act) shall not
exceed the amount specifically provided for such purpose under
this heading in division H of the Consolidated Appropriations Act,
2018 (Public Law 115–141).
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT
In addition to amounts otherwise available for program integ-
rity and program management, $786,000,000, to remain available
through September 30, 2021, to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g)
of the Social Security Act, of which $610,000,000 shall be for the
Centers for Medicare & Medicaid Services program integrity activi-
ties, of which $93,000,000 shall be for the Department of Health
and Human Services Office of Inspector General to carry out fraud
and abuse activities authorized by section 1817(k)(3) of such Act,
and of which $83,000,000 shall be for the Department of Justice
to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2020 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs
for the funds provided by this appropriation: Provided further,
That of the amount provided under this heading, $311,000,000
is provided to meet the terms of section 251(b)(2)(C)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and $475,000,000 is additional new budget authority
specified for purposes of section 251(b)(2)(C) of such Act: Provided
further, That the Secretary shall provide not less than $18,000,000
for the Senior Medicare Patrol program to combat health care
fraud and abuse from the funds provided to this account.
Fees.
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133 STAT. 2570 PUBLIC LAW 116–94—DEC. 20, 2019
A
DMINISTRATION FOR
C
HILDREN AND
F
AMILIES
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND
FAMILY SUPPORT PROGRAMS
For carrying out, except as otherwise provided, titles I, IV–
D, X, XI, XIV, and XVI of the Social Security Act and the Act
of July 5, 1960, $2,890,000,000, to remain available until expended;
and for such purposes for the first quarter of fiscal year 2021,
$1,400,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3
months of the current fiscal year for unanticipated costs, incurred
for the current fiscal year, such sums as may be necessary.
LOW INCOME HOME ENERGY ASSISTANCE
For making payments under subsections (b) and (d) of section
2602 of the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.), $3,740,304,000: Provided, That notwith-
standing section 2609A(a) of such Act, not more than $2,988,000
may be reserved by the Secretary of Health and Human Services
for technical assistance, training, and monitoring of program activi-
ties for compliance with internal controls, policies and procedures
and the Secretary may, in addition to the authorities provided
in section 2609A(a)(1), use such funds through contracts with pri-
vate entities that do not qualify as nonprofit organizations: Provided
further, That all but $753,000,000 of the amount appropriated under
this heading shall be allocated as though the total appropriation
for such payments for fiscal year 2020 was less than $1,975,000,000:
Provided further, That, after applying all applicable provisions of
section 2604 of such Act and the previous proviso, each State
or territory that would otherwise receive an allocation that is less
than 97 percent of the amount that it received under this heading
for fiscal year 2019 from amounts appropriated in Public Law
115–245 shall have its allocation increased to that 97 percent level,
with the portions of other States’ and territories’ allocations that
would exceed 100 percent of the amounts they respectively received
in such fashion for fiscal year 2019 being ratably reduced.
REFUGEE AND ENTRANT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nation-
ality Act and section 501 of the Refugee Education Assistance
Act of 1980, and for carrying out section 462 of the Homeland
Security Act of 2002, section 235 of the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act of 2008, the Traf-
ficking Victims Protection Act of 2000 (‘‘TVPA’’), and the Torture
Victims Relief Act of 1998, $1,908,201,000, of which $1,864,446,000
shall remain available through September 30, 2022 for carrying
out such sections 414, 501, 462, and 235: Provided, That amounts
available under this heading to carry out the TVPA shall also
be available for research and evaluation with respect to activities
under such Act: Provided further, That not less than $160,000,000
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133 STAT. 2571 PUBLIC LAW 116–94—DEC. 20, 2019
shall be used for legal services, child advocates, and post-release
services: Provided further, That the limitation in section 205 of
this Act regarding transfers increasing any appropriation shall
apply to transfers to appropriations under this heading by sub-
stituting ‘‘15 percent’’ for ‘‘3 percent’’.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT
BLOCK GRANT
For carrying out the Child Care and Development Block Grant
Act of 1990 (‘‘CCDBG Act’’), $5,826,000,000 shall be used to supple-
ment, not supplant State general revenue funds for child care
assistance for low-income families: Provided, That technical assist-
ance under section 658I(a)(3) of such Act may be provided directly,
or through the use of contracts, grants, cooperative agreements,
or interagency agreements: Provided further, That all funds made
available to carry out section 418 of the Social Security Act (42
U.S.C. 618), including funds appropriated for that purpose in such
section 418 or any other provision of law, shall be subject to the
reservation of funds authority in paragraphs (4) and (5) of section
658O(a) of the CCDBG Act: Provided further, That in addition
to the amounts required to be reserved by the Secretary under
section 658O(a)(2)(A) of such Act, $174,780,000 shall be for Indian
tribes and tribal organizations.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry
out State programs pursuant to title XX–A of such Act shall be
10 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act, sec-
tions 303 and 313 of the Family Violence Prevention and Services
Act, the Native American Programs Act of 1974, title II of the
Child Abuse Prevention and Treatment and Adoption Reform Act
of 1978 (adoption opportunities), part B–1 of title IV and sections
429, 473A, 477(i), 1110, 1114A, and 1115 of the Social Security
Act, and the Community Services Block Grant Act (‘‘CSBG Act’’);
and for necessary administrative expenses to carry out titles I,
IV, V, X, XI, XIV, XVI, and XX–A of the Social Security Act,
the Act of July 5, 1960, the Low-Income Home Energy Assistance
Act of 1981, the Child Care and Development Block Grant Act
of 1990, the Assets for Independence Act, title IV of the Immigration
and Nationality Act, and section 501 of the Refugee Education
Assistance Act of 1980, $12,876,652,000, of which $75,000,000, to
remain available through September 30, 2021, shall be for grants
to States for adoption and legal guardianship incentive payments,
as defined by section 473A of the Social Security Act and may
be made for adoptions and legal guardianships completed before
September 30, 2020: Provided, That $10,613,095,000 shall be for
making payments under the Head Start Act, including for Early
Grants.
Applicability.
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133 STAT. 2572 PUBLIC LAW 116–94—DEC. 20, 2019
Head Start-Child Care Partnerships, and, of which, notwithstanding
section 640 of such Act:
(1) $193,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the
authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of such
Act, and such funds shall not be included in the calculation
of ‘‘base grant’’ in subsequent fiscal years, as such term is
used in section 640(a)(7)(A) of such Act;
(3) $100,000,000, in addition to funds otherwise available
under such section 640 for such purposes, shall be available
through March 31, 2021 for new grants to entities defined
as eligible under section 645A(d) of such Act for Early Head
Start programs as described in section 645A of such Act, conver-
sion of Head Start services to Early Head Start services as
described in section 645(a)(5)(A) of such Act, and high quality
infant and toddler care through Early Head Start-Child Care
Partnerships, and for training and technical assistance for such
activities;
(4) $250,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities
in such section (5);
(5) $4,000,000 shall be available for the purposes of re-
establishing the Tribal Colleges and Universities Head Start
Partnership Program consistent with section 648(g) of such
Act; and
(6) $19,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the reservation
of funds under section 640(a)(2)(C) of such Act in lieu of reducing
the reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D),
and 640(a)(2)(E) of such Act: Provided further, That $275,000,000
shall be available until December 31, 2020 for carrying out sections
9212 and 9213 of the Every Student Succeeds Act: Provided further,
That up to 3 percent of the funds in the preceding proviso shall
be available for technical assistance and evaluation related to grants
awarded under such section 9212: Provided further, That
$770,383,000 shall be for making payments under the CSBG Act:
Provided further, That $30,383,000 shall be for section 680 of the
CSBG Act, of which not less than $20,383,000 shall be for section
680(a)(2) and not less than $10,000,000 shall be for section
680(a)(3)(B) of such Act: Provided further, That, notwithstanding
section 675C(a)(3) of such Act, to the extent Community Services
Block Grant funds are distributed as grant funds by a State to
an eligible entity as provided under such Act, and have not been
expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further, That the Sec-
retary shall establish procedures regarding the disposition of intan-
gible assets and program income that permit such assets acquired
Procedures.
Time period.
42 USC 9921
note.
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133 STAT. 2573 PUBLIC LAW 116–94—DEC. 20, 2019
with, and program income derived from, grant funds authorized
under section 680 of the CSBG Act to become the sole property
of such grantees after a period of not more than 12 years after
the end of the grant period for any activity consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That intangible
assets in the form of loans, equity investments and other debt
instruments, and program income may be used by grantees for
any eligible purpose consistent with section 680(a)(2)(A) of the
CSBG Act: Provided further, That these procedures shall apply
to such grant funds made available after November 29, 1999: Pro-
vided further, That funds appropriated for section 680(a)(2) of the
CSBG Act shall be available for financing construction and
rehabilitation and loans or investments in private business enter-
prises owned by community development corporations: Provided
further, That $175,000,000 shall be for carrying out section 303(a)
of the Family Violence Prevention and Services Act, of which
$7,000,000 shall be allocated notwithstanding section 303(a)(2) of
such Act for carrying out section 309 of such Act: Provided further,
That the percentages specified in section 112(a)(2) of the Child
Abuse Prevention and Treatment Act shall not apply to funds
appropriated under this heading: Provided further, That $1,864,000
shall be for a human services case management system for federally
declared disasters, to include a comprehensive national case
management contract and Federal costs of administering the
system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a study
of the system’s effectiveness.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying out,
except as otherwise provided, section 437 of such Act, $92,515,000:
Provided, That of the funds available to carry out section 437,
$59,765,000 shall be allocated consistent with subsections (b)
through (d) of such section: Provided further, That of the funds
available to carry out section 437, to assist in meeting the require-
ments described in section 471(e)(4)(C), $20,000,000 shall be for
grants to each State, territory, and Indian tribe operating title
IV–E plans for developing, enhancing, or evaluating kinship navi-
gator programs, as described in section 427(a)(1) of such Act,
$10,000,000, in addition to funds otherwise appropriated in section
436 for such purposes, shall be for competitive grants to regional
partnerships as described in section 437(f), and $2,750,000, in addi-
tion to funds otherwise appropriated in section 476 for such pur-
poses, for the Family First Clearinghouse: Provided further, That
section 437(b)(1) shall be applied to amounts in the previous proviso
by substituting ‘‘5 percent’’ for ‘‘3.3 percent’’, and notwithstanding
section 436(b)(1), such reserved amounts may be used for identi-
fying, establishing, and disseminating practices to meet the criteria
specified in section 471(e)(4)(C): Provided further, That the reserva-
tion in section 437(b)(2) and the limitations in section 437(d) shall
not apply to funds specified in the second proviso: Provided further,
That the minimum grant award for kinship navigator programs
in the case of States and territories shall be $200,000, and, in
the case of tribes, shall be $25,000.
Applicability.
Applicability.
42 USC 9921
note.
42 USC 9921
note.
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133 STAT. 2574 PUBLIC LAW 116–94—DEC. 20, 2019
PAYMENTS FOR FOSTER CARE AND PERMANENCY
For carrying out, except as otherwise provided, title IV–E of
the Social Security Act, $5,744,000,000.
For carrying out, except as otherwise provided, title IV–E of
the Social Security Act, for the first quarter of fiscal year 2021,
$3,000,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV–E of the Social Secu-
rity Act, for the last 3 months of the current fiscal year for unantici-
pated costs, incurred for the current fiscal year, such sums as
may be necessary.
A
DMINISTRATION FOR
C
OMMUNITY
L
IVING
AGING AND DISABILITY SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (‘‘OAA’’), the RAISE Family Caregivers
Act, the Supporting Grandparents Raising Grandchildren Act, titles
III and XXIX of the PHS Act, sections 1252 and 1253 of the
PHS Act, section 119 of the Medicare Improvements for Patients
and Providers Act of 2008, title XX–B of the Social Security Act,
the Developmental Disabilities Assistance and Bill of Rights Act,
parts 2 and 5 of subtitle D of title II of the Help America Vote
Act of 2002, the Assistive Technology Act of 1998, titles II and
VII (and section 14 with respect to such titles) of the Rehabilitation
Act of 1973, and for Department-wide coordination of policy and
program activities that assist individuals with disabilities,
$2,171,000,000, together with $52,115,000 to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal Supple-
mentary Medical Insurance Trust Fund to carry out section 4360
of the Omnibus Budget Reconciliation Act of 1990: Provided, That
amounts appropriated under this heading may be used for grants
to States under section 361 of the OAA only for disease prevention
and health promotion programs and activities which have been
demonstrated through rigorous evaluation to be evidence-based and
effective: Provided further, That of amounts made available under
this heading to carry out sections 311, 331, and 336 of the OAA,
up to one percent of such amounts shall be available for developing
and implementing evidence-based practices for enhancing senior
nutrition, including medically-tailored meals: Provided further, That
notwithstanding any other provision of this Act, funds made avail-
able under this heading to carry out section 311 of the OAA may
be transferred to the Secretary of Agriculture in accordance with
such section: Provided further, That $2,000,000 shall be for competi-
tive grants to support alternative financing programs that provide
for the purchase of assistive technology devices, such as a low-
interest loan fund; an interest buy-down program; a revolving loan
fund; a loan guarantee; or an insurance program: Provided further,
That applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing program
will expand and emphasize consumer choice and control: Provided
further, That State agencies and community-based disability
organizations that are directed by and operated for individuals
with disabilities shall be eligible to compete: Provided further, That
Notice.
Deadline.
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133 STAT. 2575 PUBLIC LAW 116–94—DEC. 20, 2019
none of the funds made available under this heading may be used
by an eligible system (as defined in section 102 of the Protection
and Advocacy for Individuals with Mental Illness Act (42 U.S.C.
10802)) to continue to pursue any legal action in a Federal or
State court on behalf of an individual or group of individuals with
a developmental disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights Act
of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental
impairment (or a combination of mental and physical impairments),
that has as the requested remedy the closure of State operated
intermediate care facilities for people with intellectual or develop-
mental disabilities, unless reasonable public notice of the action
has been provided to such individuals (or, in the case of mental
incapacitation, the legal guardians who have been specifically
awarded authority by the courts to make healthcare and residential
decisions on behalf of such individuals) who are affected by such
action, within 90 days of instituting such legal action, which informs
such individuals (or such legal guardians) of their legal rights
and how to exercise such rights consistent with current Federal
Rules of Civil Procedure: Provided further, That the limitations
in the immediately preceding proviso shall not apply in the case
of an individual who is neither competent to consent nor has a
legal guardian, nor shall the proviso apply in the case of individuals
who are a ward of the State or subject to public guardianship.
O
FFICE OF THE
S
ECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section
229 of the PHS Act, the United States-Mexico Border Health
Commission Act, and research studies under section 1110 of the
Social Security Act, $479,629,000, together with $64,828,000 from
the amounts available under section 241 of the PHS Act to carry
out national health or human services research and evaluation
activities: Provided, That of this amount, $53,900,000 shall be for
minority AIDS prevention and treatment activities: Provided fur-
ther, That of the funds made available under this heading,
$101,000,000 shall be for making competitive contracts and grants
to public and private entities to fund medically accurate and age
appropriate programs that reduce teen pregnancy and for the Fed-
eral costs associated with administering and evaluating such con-
tracts and grants, of which not more than 10 percent of the available
funds shall be for training and technical assistance, evaluation,
outreach, and additional program support activities, and of the
remaining amount 75 percent shall be for replicating programs
that have been proven effective through rigorous evaluation to
reduce teenage pregnancy, behavioral risk factors underlying teen-
age pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to develop,
replicate, refine, and test additional models and innovative strate-
gies for preventing teenage pregnancy: Provided further, That of
the amounts provided under this heading from amounts available
under section 241 of the PHS Act, $6,800,000 shall be available
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133 STAT. 2576 PUBLIC LAW 116–94—DEC. 20, 2019
to carry out evaluations (including longitudinal evaluations) of teen-
age pregnancy prevention approaches: Provided further, That of
the funds made available under this heading, $35,000,000 shall
be for making competitive grants which exclusively implement edu-
cation in sexual risk avoidance (defined as voluntarily refraining
from non-marital sexual activity): Provided further, That funding
for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed publica-
tions by educational, scientific, governmental, or health organiza-
tions; implement an evidence-based approach integrating research
findings with practical implementation that aligns with the needs
and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for pov-
erty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors
such as underage drinking or illicit drug use without normalizing
teen sexual activity: Provided further, That no more than 10 percent
of the funding for such competitive grants for sexual risk avoidance
shall be available for technical assistance and administrative costs
of such programs: Provided further, That funds provided in this
Act for embryo adoption activities may be used to provide to individ-
uals adopting embryos, through grants and other mechanisms, med-
ical and administrative services deemed necessary for such adop-
tions: Provided further, That such services shall be provided con-
sistent with 42 CFR 59.5(a)(4): Provided further, That of the funds
made available under this heading, $5,000,000 shall be for carrying
out prize competitions sponsored by the Office of the Secretary
to accelerate innovation in the prevention, diagnosis, and treatment
of kidney diseases (as authorized by section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719)).
MEDICARE HEARINGS AND APPEALS
For expenses necessary for Medicare hearings and appeals in
the Office of the Secretary, $191,881,000 shall remain available
until September 30, 2021, to be transferred in appropriate part
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION
TECHNOLOGY
For expenses necessary for the Office of the National Coordi-
nator for Health Information Technology, including grants, con-
tracts, and cooperative agreements for the development and
advancement of interoperable health information technology,
$60,367,000.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations,
in carrying out the provisions of the Inspector General Act of
1978, $80,000,000: Provided, That of such amount, necessary sums
shall be available for providing protective services to the Secretary
and investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228.
Embryo adoption.
Sexual risk
avoidance.
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133 STAT. 2577 PUBLIC LAW 116–94—DEC. 20, 2019
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$38,798,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments
under the Retired Serviceman’s Family Protection Plan and Sur-
vivor Benefit Plan, and for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act, such amounts
as may be required during the current fiscal year.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to coun-
tering potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $1,037,458,000, of which $561,700,000 shall
remain available through September 30, 2021, for expenses nec-
essary to support advanced research and development pursuant
to section 319L of the PHS Act and other administrative expenses
of the Biomedical Advanced Research and Development Authority:
Provided, That funds provided under this heading for the purpose
of acquisition of security countermeasures shall be in addition to
any other funds available for such purpose: Provided further, That
products purchased with funds provided under this heading may,
at the discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F–2 of the PHS Act:
Provided further, That $5,000,000 of the amounts made available
to support emergency operations shall remain available through
September 30, 2022.
For expenses necessary for procuring security countermeasures
(as defined in section 319F–2(c)(1)(B) of the PHS Act), $735,000,000,
to remain available until expended.
For expenses necessary to carry out section 319F–2(a) of the
PHS Act, $705,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $260,000,000; of which
$225,000,000 shall be available until expended, for activities
including the development and purchase of vaccine, antivirals, nec-
essary medical supplies, diagnostics, and other surveillance tools:
Provided, That notwithstanding section 496(b) of the PHS Act,
funds may be used for the construction or renovation of privately
owned facilities for the production of pandemic influenza vaccines
and other biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such vaccines
or biologics.
G
ENERAL
P
ROVISIONS
S
EC
. 201. Funds appropriated in this title shall be available
for not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
S
EC
. 202. None of the funds appropriated in this title shall
be used to pay the salary of an individual, through a grant or
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133 STAT. 2578 PUBLIC LAW 116–94—DEC. 20, 2019
other extramural mechanism, at a rate in excess of Executive Level
II: Provided, That none of the funds appropriated in this title
shall be used to prevent the NIH from paying up to 100 percent
of the salary of an individual at this rate.
S
EC
. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives and
the Senate detailing the planned uses of such funds.
S
EC
. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized
under such Act shall be made available for the evaluation (directly,
or by grants or contracts) and the implementation and effectiveness
of programs funded in this title.
(TRANSFER OF FUNDS)
S
EC
. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for HHS in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropria-
tions of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
S
EC
. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur
up to 60 days after the effective date of a contract awarded in
fiscal year 2020 under section 338B of such Act, or at any time
if the individual who has been awarded such contract has not
received funds due under the contract.
S
EC
. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary that
it encourages family participation in the decision of minors to
seek family planning services and that it provides counseling to
minors on how to resist attempts to coerce minors into engaging
in sexual activities.
S
EC
. 208. Notwithstanding any other provision of law, no pro-
vider of services under title X of the PHS Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
S
EC
. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare Advantage program if the Secretary denies participa-
tion in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs
the Secretary that it will not provide, pay for, provide coverage
of, or provide referrals for abortions: Provided, That the Secretary
shall make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound estimate
Abortion.
Child abuse.
Certification.
Family planning.
Children and
youth.
Time period.
Contracts.
Notification.
Determination.
Evaluation.
Reports.
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133 STAT. 2579 PUBLIC LAW 116–94—DEC. 20, 2019
of the expected costs of providing the service to such entity’s
enrollees): Provided further, That nothing in this section shall be
construed to change the Medicare program’s coverage for such serv-
ices and a Medicare Advantage organization described in this sec-
tion shall be responsible for informing enrollees where to obtain
information about all Medicare covered services.
S
EC
. 210. None of the funds made available in this title may
be used, in whole or in part, to advocate or promote gun control.
S
EC
. 211. The Secretary shall make available through assign-
ment not more than 60 employees of the Public Health Service
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emer-
gency Fund or the World Health Organization.
S
EC
. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad
during fiscal year 2020:
(1) The Secretary may exercise authority equivalent to
that available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may
be necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or agencies
in participating foreign countries, funds to acquire, lease, alter,
or renovate facilities in those countries as necessary to conduct
programs of assistance for international health activities,
including activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other health
activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allow-
ances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed
by the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such per-
sonnel under section 5304 of title 5, United States Code if
such personnel’s official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter
Consultation.
Grants.
Contracts.
Consultation.
Government
employees.
Children and
youth.
AIDS.
Gun control.
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133 STAT. 2580 PUBLIC LAW 116–94—DEC. 20, 2019
I of chapter 63 of title 5, United States Code, or section 903
of the Foreign Service Act of 1980, to individuals serving in
the Foreign Service.
(TRANSFER OF FUNDS)
S
EC
. 213. The Director of the NIH, jointly with the Director
of the Office of AIDS Research, may transfer up to 3 percent
among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to the
human immunodeficiency virus: Provided, That the Committees
on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.
(TRANSFER OF FUNDS)
S
EC
. 214. Of the amounts made available in this Act for NIH,
the amount for research related to the human immunodeficiency
virus, as jointly determined by the Director of NIH and the Director
of the Office of AIDS Research, shall be made available to the
‘‘Office of AIDS Research’’ account. The Director of the Office of
AIDS Research shall transfer from such account amounts necessary
to carry out section 2353(d)(3) of the PHS Act.
S
EC
. 215. (a) A
UTHORITY
.—Notwithstanding any other provision
of law, the Director of NIH (‘‘Director’’) may use funds authorized
under section 402(b)(12) of the PHS Act to enter into transactions
(other than contracts, cooperative agreements, or grants) to carry
out research identified pursuant to or research and activities
described in such section 402(b)(12).
(b) P
EER
R
EVIEW
.—In entering into transactions under sub-
section (a), the Director may utilize such peer review procedures
(including consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments of
scientific and technical merit. Such procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the
PHS Act.
S
EC
. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National Institutes
of Health may be used for alteration, repair, or improvement of
facilities, as necessary for the proper and efficient conduct of the
activities authorized herein, at not to exceed $3,500,000 per project.
(TRANSFER OF FUNDS)
S
EC
. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service Awards
(‘‘NRSA’’) shall be made available to the Administrator of the Health
Resources and Services Administration to make NRSA awards for
research in primary medical care to individuals affiliated with
entities who have received grants or contracts under sections 736,
739, or 747 of the PHS Act, and 1 percent of the amount made
available for NRSA shall be made available to the Director of
the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
S
EC
. 218. (a) The Biomedical Advanced Research and Develop-
ment Authority (‘‘BARDA’’) may enter into a contract, for more
Contracts.
Applicability.
Procedures.
Consultation.
Assessments.
Notification.
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133 STAT. 2581 PUBLIC LAW 116–94—DEC. 20, 2019
than one but no more than 10 program years, for purchase of
research services or of security countermeasures, as that term is
defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–
6b(c)(1)(B)), if—
(1) funds are available and obligated—
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy
in administration, performance, and operation of BARDA’s pro-
grams.
(b) A contract entered into under this section—
(1) shall include a termination clause as described by sub-
section (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
S
EC
. 219. (a) The Secretary shall publish in the fiscal year
2021 budget justification and on Departmental Web sites informa-
tion concerning the employment of full-time equivalent Federal
employees or contractors for the purposes of implementing, admin-
istering, enforcing, or otherwise carrying out the provisions of the
ACA, and the amendments made by that Act, in the proposed
fiscal year and each fiscal year since the enactment of the ACA.
(b) With respect to employees or contractors supported by all
funds appropriated for purposes of carrying out the ACA (and
the amendments made by that Act), the Secretary shall include,
at a minimum, the following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating
the program, project, or activity receiving such funds, the Fed-
eral operating division or office that administers such program,
and the amount of funding received in discretionary or manda-
tory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who—
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior
to the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
S
EC
. 220. The Secretary shall publish, as part of the fiscal
year 2021 budget of the President submitted under section 1105(a)
of title 31, United States Code, information that details the uses
of all funds used by the Centers for Medicare & Medicaid Services
specifically for Health Insurance Exchanges for each fiscal year
since the enactment of the ACA and the proposed uses for such
funds for fiscal year 2021. Such information shall include, for each
Publication.
Publication.
Web posting.
Determination.
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133 STAT. 2582 PUBLIC LAW 116–94—DEC. 20, 2019
such fiscal year, the amount of funds used for each activity specified
under the heading ‘‘Health Insurance Exchange Transparency’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
S
EC
. 221. None of the funds made available by this Act from
the Federal Hospital Insurance Trust Fund or the Federal Supple-
mental Medical Insurance Trust Fund, or transferred from other
accounts funded by this Act to the ‘‘Centers for Medicare & Medicaid
Services—Program Management’’ account, may be used for pay-
ments under section 1342(b)(1) of Public Law 111–148 (relating
to risk corridors).
(TRANSFER OF FUNDS)
S
EC
. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002
of the ACA to the accounts specified, in the amounts specified,
and for the activities specified under the heading ‘‘Prevention and
Public Health Fund’’ in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary
may not further transfer these amounts.
(c) Funds transferred for activities authorized under section
2821 of the PHS Act shall be made available without reference
to section 2821(b) of such Act.
S
EC
. 223. Effective during the period beginning on November
1, 2015 and ending January 1, 2022, any provision of law that
refers (including through cross-reference to another provision of
law) to the current recommendations of the United States Preven-
tive Services Task Force with respect to breast cancer screening,
mammography, and prevention shall be administered by the Sec-
retary involved as if—
(1) such reference to such current recommendations were
a reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and preven-
tion last issued before 2009; and
(2) such recommendations last issued before 2009 applied
to any screening mammography modality under section 1861(jj)
of the Social Security Act (42 U.S.C. 1395x(jj)).
S
EC
. 224. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations
from negotiated rates, shall continue to apply to the National
Institutes of Health to the same extent and in the same manner
as such provisions were applied in the third quarter of fiscal year
2017. None of the funds appropriated in this or prior Acts or
otherwise made available to the Department of Health and Human
Services or to any department or agency may be used to develop
or implement a modified approach to such provisions, or to inten-
tionally or substantially expand the fiscal effect of the approval
of such deviations from negotiated rates beyond the proportional
effect of such approvals in such quarter.
Applicability.
Time period.
Deadline.
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133 STAT. 2583 PUBLIC LAW 116–94—DEC. 20, 2019
(TRANSFER OF FUNDS)
S
EC
. 225. The NIH Director may transfer funds specifically
appropriated for opioid addiction, opioid alternatives, pain manage-
ment, and addiction treatment to other Institutes and Centers
of the NIH to be used for the same purpose 15 days after notifying
the Committees on Appropriations: Provided, That the transfer
authority provided in the previous proviso is in addition to any
other transfer authority provided by law.
S
EC
. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the
Exchanges established under the Patient Protection and Afford-
able Care Act of 2010 pertaining to enrollments during the
open enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate
must be notified at least 2 business days in advance of any public
release of enrollment information or the award of such grants.
S
EC
. 227. In addition to the amounts otherwise available for
‘‘Centers for Medicare & Medicaid Services, Program Management’’,
the Secretary of Health and Human Services may transfer up
to $305,000,000 to such account from the Federal Hospital Insur-
ance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund to support program management activity related to
the Medicare Program: Provided, That except for the foregoing
purpose, such funds may not be used to support any provision
of Public Law 111–148 or Public Law 111–152 (or any amendment
made by either such Public Law) or to supplant any other amounts
within such account.
S
EC
. 228. The Department of Health and Human Services
shall provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enact-
ment of this Act on staffing described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
S
EC
. 229. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Department of Health
and Human Services shall also be available to pay travel and
related expenses of such an employee or of a member of his or
her family, when such employee is assigned to duty, in the United
States or in a U.S. territory, during a period and in a location
that are the subject of a determination of a public health emergency
under section 319 of the Public Health Service Act and such travel
is necessary to obtain medical care for an illness, injury, or medical
condition that cannot be adequately addressed in that location
at that time. For purposes of this section, the term ‘‘U.S. territory’’
means Guam, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, American Samoa, or the Trust
Territory of the Pacific Islands.
S
EC
. 230. The Department of Health and Human Services
may accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal Govern-
ment for the care of unaccompanied alien children (as defined
in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
Definition.
Territories.
Reports.
Notification.
Time period.
Notification.
Drugs and drug
abuse.
Time period.
Notification.
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133 STAT. 2584 PUBLIC LAW 116–94—DEC. 20, 2019
279(g)(2))) in the care of the Office of Refugee Resettlement of
the Administration for Children and Families, including medical
goods and services, which may include early childhood develop-
mental screenings, school supplies, toys, clothing, and any other
items intended to promote the wellbeing of such children.
S
EC
. 231. (a) None of the funds provided by this or any prior
appropriations Act may be used to reverse changes in procedures
made by operational directives issued to providers by the Office
of Refugee Resettlement on December 18, 2018, March 23, 2019,
and June 10, 2019 regarding the Memorandum of Agreement on
Information Sharing executed April 13, 2018.
(b) Notwithstanding subsection (a), the Secretary may make
changes to such operational directives upon making a determination
that such changes are necessary to prevent unaccompanied alien
children from being placed in danger, and the Secretary shall pro-
vide a written justification to Congress and the Inspector General
of the Department of Health and Human Services in advance of
implementing such changes.
(c) Within 15 days of the Secretary’s communication of the
justification, the Inspector General of the Department of Health
and Human Services shall provide an assessment, in writing, to
the Secretary and to Committees on Appropriations of the House
of Representatives and the Senate of whether such changes to
operational directives are necessary to prevent unaccompanied chil-
dren from being placed in danger.
S
EC
. 232. None of the funds made available in this Act under
the heading ‘‘Department of Health and Human Services—Adminis-
tration for Children and Families—Refugee and Entrant Assistance’’
may be obligated to a grantee or contractor to house unaccompanied
alien children (as such term is defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility
that is not State-licensed for the care of unaccompanied alien chil-
dren, except in the case that the Secretary determines that housing
unaccompanied alien children in such a facility is necessary on
a temporary basis due to an influx of such children or an emergency,
provided that—
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than
six consecutive months shall require compliance with—
(A) the same requirements as licensed placements, as
listed in Exhibit 1 of the Flores Settlement Agreement
that the Secretary determines are applicable to non-State
licensed facilities; and
(B) staffing ratios of one (1) on-duty Youth Care Worker
for every eight (8) children or youth during waking hours,
one (1) on-duty Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and clinician ratios
to children (including mental health providers) as required
in grantee cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a contrac-
tor’s or grantee’s non-compliance with paragraph (1) if the
Secretary certifies and provides a report to Congress on the
contractor’s or grantee’s good-faith efforts and progress towards
compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect
to a specific facility;
Time period.
Waiver authority.
Certification.
Reports.
Determination.
Time period.
Requirements.
Compliance.
Aliens.
Children and
youth.
Determination.
Deadline.
Assessment.
Determination.
Aliens.
Children and
youth.
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133 STAT. 2585 PUBLIC LAW 116–94—DEC. 20, 2019
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and Proce-
dures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum
of one comprehensive monitoring visit during the first three
months of operation, with quarterly monitoring visits there-
after; and
(6) not later than 60 days after the date of enactment
of this Act, ORR shall brief the Committees on Appropriations
of the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any require-
ment listed in paragraph (1)(A) that the Secretary has deter-
mined are not applicable to non-State licensed facilities.
S
EC
. 233. In addition to the existing Congressional notification
for formal site assessments of potential influx facilities, the Sec-
retary shall notify the Committees on Appropriations of the House
of Representatives and the Senate at least 15 days before
operationalizing an unlicensed facility, and shall (1) specify whether
the facility is hard-sided or soft-sided, and (2) provide analysis
that indicates that, in the absence of the influx facility, the likely
outcome is that unaccompanied alien children will remain in the
custody of the Department of Homeland Security for longer than
72 hours or that unaccompanied alien children will be otherwise
placed in danger. Within 60 days of bringing such a facility online,
and monthly thereafter, the Secretary shall provide to the Commit-
tees on Appropriations of the House of Representatives and the
Senate a report detailing the total number of children in care
at the facility, the average length of stay and average length of
care of children at the facility, and, for any child that has been
at the facility for more than 60 days, their length of stay and
reason for delay in release.
S
EC
. 234. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of con-
ducting oversight, any facility in the United States used for the
purpose of maintaining custody of, or otherwise housing, unaccom-
panied alien children (as defined in section 462(g)(2) of the Home-
land Security Act of 2002 (6 U.S.C. 279(g)(2))), provided that such
Senator or Member has coordinated the oversight visit with the
Office of Refugee Resettlement not less than two business days
in advance to ensure that such visit would not interfere with
the operations (including child welfare and child safety operations)
of such facility.
S
EC
. 235. Not later than 14 days after the date of enactment
of this Act, and monthly thereafter, the Secretary shall submit
to the Committees on Appropriations of the House of Representa-
tives and the Senate, and make publicly available online, a report
with respect to children who were separated from their parents
or legal guardians by the Department of Homeland Security (DHS)
(regardless of whether or not such separation was pursuant to
an option selected by the children, parents, or guardians), subse-
quently classified as unaccompanied alien children, and transferred
to the care and custody of ORR during the previous month. Each
report shall contain the following information:
Public
information.
Web posting.
Reports.
Aliens.
Children and
youth.
6 USC 279 note.
Congress.
Aliens.
Children and
youth.
Time period.
Reports.
Time periods.
Notification.
Time period.
Analysis.
Aliens.
Children and
youth.
6 USC 279 note.
Deadline.
Briefing.
Time periods.
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133 STAT. 2586 PUBLIC LAW 116–94—DEC. 20, 2019
(1) the number and ages of children so separated subse-
quent to apprehension at or between ports of entry, to be
reported by sector where separation occurred; and
(2) the documented cause of separation, as reported by
DHS when each child was referred.
S
EC
. 236. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Centers for Disease
Control and Prevention shall also be available for the primary
and secondary schooling of eligible dependents of personnel sta-
tioned in a U.S. territory as defined in section 229 of this Act
at costs not in excess of those paid for or reimbursed by the
Department of Defense.
S
EC
. 237. Of the unobligated balances available in the ‘‘Non-
recurring Expenses Fund’’ established in section 223 of division
G of Public Law 110–161, $225,000,000, in addition to any funds
otherwise made available for such purpose in this or subsequent
fiscal years, shall be available for buildings and facilities at the
National Institutes of Health.
S
EC
. 238. Of the unobligated balances available in the ‘‘Non-
recurring Expenses Fund’’ established in section 223 of division
G of Public Law 110–161, $225,000,000, shall be available for
acquisition of real property, equipment, construction, demolition,
installation, renovation of facilities, and related infrastructure
improvements for the Centers for Disease Control and Prevention’s
Chamblee Campus.
S
EC
. 239. Of the funds provided under the heading ‘‘CDC-
Wide Activities and Program Support’’, $85,000,000, to remain avail-
able until expended, shall be available to the Director of the CDC
for deposit in the Infectious Diseases Rapid Response Reserve Fund
established by section 231 of division B of Public Law 115–245:
Provided, That such amount may be available for Ebola prepared-
ness and response activities without regard to the limitations in
the third proviso in such section 231.
(RESCISSION)
S
EC
. 240. Of the unobligated balances in the ‘‘Nonrecurring
Expenses Fund’’ established in section 223 of division G of Public
Law 110–161, $350,000,000 are hereby rescinded not later than
September 30, 2020.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2020’’.
TITLE III
DEPARTMENT OF EDUCATION
E
DUCATION FOR THE
D
ISADVANTAGED
For carrying out title I and subpart 2 of part B of title II
of the Elementary and Secondary Education Act of 1965 (referred
to in this Act as ‘‘ESEA’’) and section 418A of the Higher Education
Act of 1965 (referred to in this Act as ‘‘HEA’’), $16,996,790,000,
of which $6,077,990,000 shall become available on July 1, 2020,
and shall remain available through September 30, 2021, and of
which $10,841,177,000 shall become available on October 1, 2020,
and shall remain available through September 30, 2021, for aca-
demic year 2020–2021: Provided, That $6,459,401,000 shall be for
Department of
Education
Appropriations
Act, 2020.
Deadline.
Ebola.
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133 STAT. 2587 PUBLIC LAW 116–94—DEC. 20, 2019
basic grants under section 1124 of the ESEA: Provided further,
That up to $5,000,000 of these funds shall be available to the
Secretary of Education (referred to in this title as ‘‘Secretary’’)
on October 1, 2019, to obtain annually updated local educational
agency-level census poverty data from the Bureau of the Census:
Provided further, That $1,362,301,000 shall be for concentration
grants under section 1124A of the ESEA: Provided further, That
$4,244,050,000 shall be for targeted grants under section 1125
of the ESEA: Provided further, That $4,244,050,000 shall be for
education finance incentive grants under section 1125A of the
ESEA: Provided further, That $219,000,000 shall be for carrying
out subpart 2 of part B of title II: Provided further, That $45,623,000
shall be for carrying out section 418A of the HEA.
I
MPACT
A
ID
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,486,112,000,
of which $1,340,242,000 shall be for basic support payments under
section 7003(b), $48,316,000 shall be for payments for children
with disabilities under section 7003(d), $17,406,000 shall be for
construction under section 7007(a), $75,313,000 shall be for Federal
property payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 7008: Provided, That for purposes of computing the amount
of a payment for an eligible local educational agency under section
7003(a) for school year 2019–2020, children enrolled in a school
of such agency that would otherwise be eligible for payment under
section 7003(a)(1)(B) of such Act, but due to the deployment of
both parents or legal guardians, or a parent or legal guardian
having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long
as such children reside on Federal property as described in section
7003(a)(1)(B)), are no longer eligible under such section, shall be
considered as eligible students under such section, provided such
students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change
in eligibility status.
S
CHOOL
I
MPROVEMENT
P
ROGRAMS
For carrying out school improvement activities authorized by
part B of title I, part A of title II, subpart 1 of part A of title
IV, part B of title IV, part B of title V, and parts B and C
of title VI of the ESEA; the McKinney-Vento Homeless Assistance
Act; section 203 of the Educational Technical Assistance Act of
2002; the Compact of Free Association Amendments Act of 2003;
and the Civil Rights Act of 1964, $5,404,967,000, of which
$3,575,402,000 shall become available on July 1, 2020, and remain
available through September 30, 2021, and of which $1,681,441,000
shall become available on October 1, 2020, and shall remain avail-
able through September 30, 2021, for academic year 2020–2021:
Provided, That $378,000,000 shall be for part B of title I: Provided
further, That $1,249,673,000 shall be for part B of title IV: Provided
further, That $36,897,000 shall be for part B of title VI, which
may be used for construction, renovation, and modernization of
any public elementary school, secondary school, or structure related
to a public elementary school or secondary school that serves a
Applicability.
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133 STAT. 2588 PUBLIC LAW 116–94—DEC. 20, 2019
predominantly Native Hawaiian student body, and that the 5 per-
cent limitation in section 6205(b) of the ESEA on the use of funds
for administrative purposes shall apply only to direct administrative
costs: Provided further, That $35,953,000 shall be for part C of
title VI, which shall be awarded on a competitive basis, and may
be used for construction, and that the 5 percent limitation in
section 6305 of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs: Provided
further, That $52,000,000 shall be available to carry out section
203 of the Educational Technical Assistance Act of 2002 and the
Secretary shall make such arrangements as determined to be nec-
essary to ensure that the Bureau of Indian Education has access
to services provided under this section: Provided further, That
$16,699,000 shall be available to carry out the Supplemental Edu-
cation Grants program for the Federated States of Micronesia and
the Republic of the Marshall Islands: Provided further, That the
Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That
$185,840,000 shall be for part B of title V: Provided further, That
$1,210,000,000 shall be available for grants under subpart 1 of
part A of title IV.
I
NDIAN
E
DUCATION
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $180,739,000, of which
$67,993,000 shall be for subpart 2 of part A of title VI and
$7,365,000 shall be for subpart 3 of part A of title VI: Provided,
That the 5 percent limitation in sections 6115(d), 6121(e), and
6133(g) of the ESEA on the use of funds for administrative purposes
shall apply only to direct administrative costs.
I
NNOVATION AND
I
MPROVEMENT
For carrying out activities authorized by subparts 1, 3 and
4 of part B of title II, and parts C, D, and E and subparts 1
and 4 of part F of title IV of the ESEA, $1,103,815,000: Provided,
That $284,815,000 shall be for subparts 1, 3 and 4 of part B
of title II and shall be made available without regard to sections
2201, 2231(b) and 2241: Provided further, That $629,000,000 shall
be for parts C, D, and E and subpart 4 of part F of title IV,
and shall be made available without regard to sections 4311,
4409(a), and 4601 of the ESEA: Provided further, That section
4303(d)(3)(A)(i) shall not apply to the funds available for part C
of title IV: Provided further, That of the funds available for part
C of title IV, the Secretary shall use $60,000,000 to carry out
section 4304, of which not more than $10,000,000 shall be available
to carry out section 4304(k), $140,000,000, to remain available
through March 31, 2021, to carry out section 4305(b), and not
more than $15,000,000 to carry out the activities in section
4305(a)(3): Provided further, That notwithstanding section 4601(b),
$190,000,000 shall be available through December 31, 2020 for
subpart 1 of part F of title IV.
Applicability.
Applicability.
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133 STAT. 2589 PUBLIC LAW 116–94—DEC. 20, 2019
S
AFE
S
CHOOLS AND
C
ITIZENSHIP
E
DUCATION
For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $210,000,000: Provided, That
$105,000,000 shall be available for section 4631, of which up to
$5,000,000, to remain available until expended, shall be for the
Project School Emergency Response to Violence (Project SERV)
program: Provided further, That $25,000,000 shall be available for
section 4625: Provided further, That $80,000,000 shall be available
through December 31, 2020, for section 4624, of which $6,000,000
shall be for additional two-year extension awards to grantees that
received such awards in fiscal year 2018.
E
NGLISH
L
ANGUAGE
A
CQUISITION
For carrying out part A of title III of the ESEA, $787,400,000,
which shall become available on July 1, 2020, and shall remain
available through September 30, 2021, except that 6.5 percent
of such amount shall be available on October 1, 2019, and shall
remain available through September 30, 2021, to carry out activities
under section 3111(c)(1)(C).
S
PECIAL
E
DUCATION
For carrying out the Individuals with Disabilities Education
Act (IDEA) and the Special Olympics Sport and Empowerment
Act of 2004, $13,885,228,000, of which $4,352,129,000 shall become
available on July 1, 2020, and shall remain available through
September 30, 2021, and of which $9,283,383,000 shall become
available on October 1, 2020, and shall remain available through
September 30, 2021, for academic year 2020–2021: Provided, That
the amount for section 611(b)(2) of the IDEA shall be equal to
the lesser of the amount available for that activity during fiscal
year 2019, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in the
funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2019: Provided
further, That the Secretary shall, without regard to section 611(d)
of the IDEA, distribute to all other States (as that term is defined
in section 611(g)(2)), subject to the third proviso, any amount by
which a State’s allocation under section 611, from funds appro-
priated under this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the States’
relative populations of children aged 3 through 21 who are of
the same age as children with disabilities for whom the State
ensures the availability of a free appropriate public education under
this part, and 15 percent to States on the basis of the States’
relative populations of those children who are living in poverty:
Provided further, That the Secretary may not distribute any funds
under the previous proviso to any State whose reduction in alloca-
tion from funds appropriated under this heading made funds avail-
able for such a distribution: Provided further, That the States
shall allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f): Pro-
vided further, That the amount by which a State’s allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B)
and the amounts distributed to States under the previous provisos
in fiscal year 2012 or any subsequent year shall not be considered
20 USC 1411
note.
State and local
governments.
Extension.
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133 STAT. 2590 PUBLIC LAW 116–94—DEC. 20, 2019
in calculating the awards under section 611(d) for fiscal year 2013
or for any subsequent fiscal years: Provided further, That, notwith-
standing the provision in section 612(a)(18)(B) regarding the fiscal
year in which a State’s allocation under section 611(d) is reduced
for failure to comply with the requirement of section 612(a)(18)(A),
the Secretary may apply the reduction specified in section
612(a)(18)(B) over a period of consecutive fiscal years, not to exceed
five, until the entire reduction is applied: Provided further, That
the Secretary may, in any fiscal year in which a State’s allocation
under section 611 is reduced in accordance with section
612(a)(18)(B), reduce the amount a State may reserve under section
611(e)(1) by an amount that bears the same relation to the max-
imum amount described in that paragraph as the reduction under
section 612(a)(18)(B) bears to the total allocation the State would
have received in that fiscal year under section 611(d) in the absence
of the reduction: Provided further, That the Secretary shall either
reduce the allocation of funds under section 611 for any fiscal
year following the fiscal year for which the State fails to comply
with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452
of the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may
be used to provide technical assistance to States to improve the
capacity of the States to meet the data collection requirements
of sections 616 and 618 and to administer and carry out other
services and activities to improve data collection, coordination,
quality, and use under parts B and C of the IDEA: Provided
further, That the Secretary may use funds made available for the
State Personnel Development Grants program under part D, sub-
part 1 of IDEA to evaluate program performance under such sub-
part: Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and 619(f) of
the IDEA to make subgrants to local educational agencies, institu-
tions of higher education, other public agencies, and private non-
profit organizations to carry out activities authorized by those sec-
tions: Provided further, That, notwithstanding section 643(e)(2)(A)
of the IDEA, if 5 or fewer States apply for grants pursuant to
section 643(e) of such Act, the Secretary shall provide a grant
to each State in an amount equal to the maximum amount described
in section 643(e)(2)(B) of such Act: Provided further, That if more
than 5 States apply for grants pursuant to section 643(e) of the
IDEA, the Secretary shall award funds to those States on the
basis of the States’ relative populations of infants and toddlers
except that no such State shall receive a grant in excess of the
amount described in section 643(e)(2)(B) of such Act.
R
EHABILITATION
S
ERVICES
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center
Act, $3,747,739,000, of which $3,610,040,000 shall be for grants
for vocational rehabilitation services under title I of the Rehabilita-
tion Act: Provided, That the Secretary may use amounts provided
in this Act that remain available subsequent to the reallotment
of funds to States pursuant to section 110(b) of the Rehabilitation
Act for innovative activities aimed at improving the outcomes of
individuals with disabilities as defined in section 7(20)(B) of the
Grants.
Grants.
Evaluation.
20 USC 1411
note.
20 USC 1411
note.
Applicability.
Time period.
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133 STAT. 2591 PUBLIC LAW 116–94—DEC. 20, 2019
Rehabilitation Act, including activities aimed at improving the edu-
cation and post-school outcomes of children receiving Supplemental
Security Income (‘‘SSI’’) and their families that may result in long-
term improvement in the SSI child recipient’s economic status
and self-sufficiency: Provided further, That States may award sub-
grants for a portion of the funds to other public and private,
nonprofit entities: Provided further, That any funds made available
subsequent to reallotment for innovative activities aimed at
improving the outcomes of individuals with disabilities shall remain
available until September 30, 2021.
S
PECIAL
I
NSTITUTIONS FOR
P
ERSONS
W
ITH
D
ISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act to Promote the Education of the
Blind of March 3, 1879, $32,431,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986, $79,500,000:
Provided, That from the total amount available, the Institute may
at its discretion use funds for the endowment program as authorized
under section 207 of such Act.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
Act of 1986, $137,361,000: Provided, That from the total amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207 of such Act.
C
AREER
, T
ECHNICAL
,
AND
A
DULT
E
DUCATION
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006 (‘‘Per-
kins Act’’) and the Adult Education and Family Literacy Act
(‘‘AEFLA’’), $1,960,686,000, of which $1,169,686,000 shall become
available on July 1, 2020, and shall remain available through
September 30, 2021, and of which $791,000,000 shall become avail-
able on October 1, 2020, and shall remain available through Sep-
tember 30, 2021: Provided, That of the amounts made available
for AEFLA, $13,712,000 shall be for national leadership activities
under section 242.
S
TUDENT
F
INANCIAL
A
SSISTANCE
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,520,352,000 which shall remain
available through September 30, 2021.
The maximum Pell Grant for which a student shall be eligible
during award year 2020–2021 shall be $5,285.
20 USC 1070a
note.
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133 STAT. 2592 PUBLIC LAW 116–94—DEC. 20, 2019
S
TUDENT
A
ID
A
DMINISTRATION
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act, $1,768,943,000, to
remain available through September 30, 2021: Provided, That the
Secretary shall allocate new student loan borrower accounts to
eligible student loan servicers on the basis of their past performance
compared to all loan servicers utilizing established common metrics,
and on the basis of the capacity of each servicer to process new
and existing accounts: Provided further, That for student loan con-
tracts awarded prior to October 1, 2017, the Secretary shall allow
student loan borrowers who are consolidating Federal student loans
to select from any student loan servicer to service their new consoli-
dated student loan: Provided further, That in order to promote
accountability and high-quality service to borrowers, the Secretary
shall not award funding for any contract solicitation for a new
Federal student loan servicing environment, including the solicita-
tion for the Federal Student Aid (FSA) Next Generation Processing
and Servicing Environment, unless such an environment provides
for the participation of multiple student loan servicers that contract
directly with the Department of Education to manage a unique
portfolio of borrower accounts and the full life-cycle of loans from
disbursement to pay-off with certain limited exceptions, and allo-
cates student loan borrower accounts to eligible student loan
servicers based on performance: Provided further, That the Depart-
ment shall re-allocate accounts from servicers for recurring non-
compliance with FSA guidelines, contractual requirements, and
applicable laws, including for failure to sufficiently inform borrowers
of available repayment options: Provided further, That such
servicers shall be evaluated based on their ability to meet contract
requirements (including an understanding of Federal and State
law), future performance on the contracts, and history of compliance
with applicable consumer protections laws: Provided further, That
to the extent FSA permits student loan servicing subcontracting,
FSA shall hold prime contractors accountable for meeting the
requirements of the contract, and the performance and expectations
of subcontractors shall be accounted for in the prime contract and
in the overall performance of the prime contractor: Provided further,
That FSA shall ensure that the Next Generation Processing and
Servicing Environment, or any new Federal loan servicing environ-
ment, incentivize more support to borrowers at risk of delinquency
or default: Provided further, That FSA shall ensure that in such
environment contractors have the capacity to meet and are held
accountable for performance on service levels; are held accountable
for and have a history of compliance with applicable consumer
protection laws; and have relevant experience and demonstrated
effectiveness: Provided further, That the Secretary shall provide
quarterly briefings to the Committees on Appropriations and Edu-
cation and Labor of the House of Representatives and the Commit-
tees on Appropriations and Health, Education, Labor, and Pensions
of the Senate on general progress related to solicitations for Federal
student loan servicing contracts: Provided further, That FSA shall
strengthen transparency through expanded publication of aggregate
data on student loan and servicer performance.
Briefings.
20 USC 1087f
note.
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133 STAT. 2593 PUBLIC LAW 116–94—DEC. 20, 2019
H
IGHER
E
DUCATION
For carrying out, to the extent not otherwise provided, titles
II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational
and Cultural Exchange Act of 1961, and section 117 of the Perkins
Act, $2,475,792,000, of which $24,500,000 shall remain available
through December 31, 2020: Provided, That notwithstanding any
other provision of law, funds made available in this Act to carry
out title VI of the HEA and section 102(b)(6) of the Mutual Edu-
cational and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are partici-
pating in advanced foreign language training and international
studies in areas that are vital to United States national security
and who plan to apply their language skills and knowledge of
these countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be used
for program evaluation, national outreach, and information dissemi-
nation activities: Provided further, That up to 1.5 percent of the
funds made available under chapter 2 of subpart 2 of part A
of title IV of the HEA may be used for evaluation.
H
OWARD
U
NIVERSITY
For partial support of Howard University, $240,018,000, of
which not less than $3,405,000 shall be for a matching endowment
grant pursuant to the Howard University Endowment Act and
shall remain available until expended.
C
OLLEGE
H
OUSING AND
A
CADEMIC
F
ACILITIES
L
OANS
P
ROGRAM
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of the
HEA, $435,000.
H
ISTORICALLY
B
LACK
C
OLLEGE AND
U
NIVERSITY
C
APITAL
F
INANCING
P
ROGRAM
A
CCOUNT
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2021: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan prin-
cipal, any part of which is to be guaranteed, not to exceed
$212,100,000: Provided further, That these funds may be used to
support loans to public and private Historically Black Colleges
and Universities without regard to the limitations within section
344(a) of the HEA.
In addition, $16,000,000 shall be made available to provide
for the deferment of loans made under part D of title III of the
HEA to eligible institutions that are private Historically Black
Colleges and Universities, which apply for the deferment of such
a loan and demonstrate financial need for such deferment by having
a score of 2.6 or less on the Department of Education’s financial
responsibility test: Provided, That the loan has not been paid in
full and is not paid in full during the period of deferment: Provided
further, That during the period of deferment of such a loan, interest
Time period.
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133 STAT. 2594 PUBLIC LAW 116–94—DEC. 20, 2019
on the loan will not accrue or be capitalized, and the period of
deferment shall be for at least a period of 3-fiscal years and not
more than 6-fiscal years: Provided further, That funds available
under this paragraph shall be used to fund eligible deferment
requests submitted for this purpose in fiscal year 2018: Provided
further, That the Secretary shall create and execute an outreach
plan to work with States and the Capital Financing Advisory Board
to improve outreach to States and help additional public Historically
Black Colleges and Universities participate in the program.
In addition, $10,000,000 shall be made available to provide
for the deferment of loans made under part D of title III of the
HEA to eligible institutions that are public Historically Black Col-
leges and Universities, which apply for the deferment of such a
loan and demonstrate financial need for such deferment, which
shall be determined by the Secretary of Education based on factors
including, but not limited to, equal to or greater than 5 percent
of the school’s operating revenue relative to its annual debt service
payment: Provided, That during the period of deferment of such
a loan, interest on the loan will not accrue or be capitalized, and
the period of deferment shall be for at least a period of 3-fiscal
years and not more than 6-fiscal years.
In addition, for administrative expenses to carry out the Histori-
cally Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
I
NSTITUTE OF
E
DUCATION
S
CIENCES
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational
Progress Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals with
Disabilities Education Act, $623,462,000, which shall remain avail-
able through September 30, 2021: Provided, That funds available
to carry out section 208 of the Educational Technical Assistance
Act may be used to link Statewide elementary and secondary data
systems with early childhood, postsecondary, and workforce data
systems, or to further develop such systems: Provided further, That
up to $6,000,000 of the funds available to carry out section 208
of the Educational Technical Assistance Act may be used for awards
to public or private organizations or agencies to support activities
to improve data coordination, quality, and use at the local, State,
and national levels.
D
EPARTMENTAL
M
ANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of con-
ference rooms in the District of Columbia and hire of three pas-
senger motor vehicles, $430,000,000: Provided, That, notwith-
standing any other provision of law, none of the funds provided
by this Act or provided by previous Appropriations Acts to the
Department of Education available for obligation or expenditure
in the current fiscal year may be used for any activity relating
to implementing a reorganization that decentralizes, reduces the
staffing level, or alters the responsibilities, structure, authority,
Time period.
Outreach plan.
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133 STAT. 2595 PUBLIC LAW 116–94—DEC. 20, 2019
or functionality of the Budget Service of the Department of Edu-
cation, relative to the organization and operation of the Budget
Service as in effect on January 1, 2018.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as author-
ized by section 203 of the Department of Education Organization
Act, $130,000,000.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $63,000,000.
G
ENERAL
P
ROVISIONS
S
EC
. 301. No funds appropriated in this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(TRANSFER OF FUNDS)
S
EC
. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of Edu-
cation in this Act may be transferred between appropriations, but
no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropria-
tions of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
S
EC
. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA shall
be available from July 1, 2020, through September 30, 2021.
S
EC
. 304. (a) An institution of higher education that maintains
an endowment fund supported with funds appropriated for title
III or V of the HEA for fiscal year 2020 may use the income
from that fund to award scholarships to students, subject to the
limitation in section 331(c)(3)(B)(i) of the HEA. The use of such
income for such purposes, prior to the enactment of this Act, shall
be considered to have been an allowable use of that income, subject
to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of
the HEA are reauthorized.
S
EC
. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ‘‘2019’’ and inserting ‘‘2020’’.
S
EC
. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
amended in paragraph (4) by striking ‘‘2019’’ and inserting ‘‘2020’’.
S
EC
. 307. Funds appropriated in this Act under the heading
‘‘Student Aid Administration’’ may be available for payments for
student loan servicing to an institution of higher education that
services outstanding Federal Perkins Loans under part E of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et
seq.).
Notification.
Time period.
Voluntary
prayer.
Meditation.
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133 STAT. 2596 PUBLIC LAW 116–94—DEC. 20, 2019
(RESCISSION)
S
EC
. 308. Of the unobligated balances available under the
heading ‘‘Student Financial Assistance’’ for carrying out subpart
1 of part A of title IV of the HEA, $500,000,000 are hereby
rescinded.
S
EC
. 309. Of the amounts appropriated under Section
401(b)(7)(A)(iv)(X) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(7)(A)(iv)(X)), $50,000,000 are hereby rescinded.
S
EC
. 310. The Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq) is amended—(1) in the part heading
for part B of title IV, by inserting ‘‘NITA M. LOWEY’’ before
‘‘21ST’’; and (2) in the table of contents of that Act, by striking
the part heading for part B of title IV and inserting the following:
‘‘PART B—NITA M. LOWEY 21ST CENTURY COMMUNITY
LEARNING CENTERS’’.
S
EC
. 311. (a) I
N
G
ENERAL
.—For the purpose of carrying out
34 CFR §668.206(a)(1), the Secretary of Education may waive the
requirements under 34 CFR §668.213(b)(1) for an institution of
higher education that offers an associate degree, is a public institu-
tion, and is located in an economically distressed county, defined
as a county with a poverty rate of at least 25 percent based
on the U.S. Census Bureau’s Small Area Income and Poverty Esti-
mate program data for 2017 that was impacted by Hurricane Mat-
thew.
(b) A
PPLICABILITY
.—Subsection (a) shall apply to an institution
of higher education that otherwise would be ineligible to participate
in a program under part D of title IV of the Higher Education
Act of 1965 on or after the date of enactment of this Act due
to the application of 34 CFR §668.206(a)(1).
(c) C
OVERAGE
.—This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
S
EC
. 312. Of the amounts made available under this title under
the heading ‘‘Student Aid Administration’’, $2,300,000 shall be used
by the Secretary of Education to conduct outreach to borrowers
of loans made under part D of title IV of the Higher Education
Act of 1965 who may intend to qualify for loan cancellation under
section 455(m) of such Act (20 U.S.C. 1087e(m)), to ensure that
borrowers are meeting the terms and conditions of such loan can-
cellation: Provided, That the Secretary shall specifically conduct
outreach to assist borrowers who would qualify for loan cancellation
under section 455(m) of such Act except that the borrower has
made some, or all, of the 120 required payments under a repayment
plan that is not described under section 455(m)(A) of such Act,
to encourage borrowers to enroll in a qualifying repayment plan:
Provided further, That the Secretary shall also communicate to
all Direct Loan borrowers the full requirements of section 455(m)
of such Act and improve the filing of employment certification
by providing improved outreach and information such as outbound
calls, electronic communications, ensuring prominent access to pro-
gram requirements and benefits on each servicer’s website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
S
EC
. 313. None of the funds made available by this Act may
be used in contravention of section 203 of the Department of Edu-
cation Organization Act (20 U.S.C. 3413).
Website.
Waiver authority.
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133 STAT. 2597 PUBLIC LAW 116–94—DEC. 20, 2019
S
EC
. 314. For an additional amount for ‘‘Department of Edu-
cation—Federal Direct Student Loan Program Account’’,
$50,000,000, to remain available until expended, shall be for the
cost, as defined under section 502 of the Congressional Budget
Act of 1974, of the Secretary of Education providing loan cancella-
tion in the same manner as under section 455(m) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(m)), for borrowers of loans
made under part D of title IV of such Act who would qualify
for loan cancellation under section 455(m) except some, or all,
of the 120 required payments under section 455(m)(1)(A) do not
qualify for purposes of the program because they were monthly
payments made in accordance with graduated or extended repay-
ment plans as described under subparagraph (B) or (C) of section
455(d)(1) or the corresponding repayment plan for a consolidation
loan made under section 455(g) and that were less than the amount
calculated under section 455(d)(1)(A), based on a 10-year repayment
period: Provided, That the monthly payment made 12 months before
the borrower applied for loan cancellation as described in the matter
preceding this proviso and the most recent monthly payment made
by the borrower at the time of such application were each not
less than the monthly amount that would be calculated under,
and for which the borrower would otherwise qualify for, clause
(i) or (iv) of section 455(m)(1)(A) regarding income-based or income-
contingent repayment plans, with exception for a borrower who
would have otherwise been eligible under this section but dem-
onstrates an unusual fluctuation of income over the past 5 years:
Provided further, That the total loan volume, including outstanding
principal, fees, capitalized interest, or accrued interest, at applica-
tion that is eligible for such loan cancellation by such borrowers
shall not exceed $75,000,000: Provided further, That the Secretary
shall develop and make available a simple method for borrowers
to apply for loan cancellation under this section within 60 days
of enactment of this Act: Provided further, That the Secretary
shall provide loan cancellation under this section to eligible bor-
rowers on a first-come, first-serve basis, based on the date of
application and subject to both the limitation on total loan volume
at application for such loan cancellation specified in the second
proviso and the availability of appropriations under this section:
Provided further, That no borrower may, for the same service,
receive a reduction of loan obligations under both this section and
section 428J, 428K, 428L, or 460 of such Act.
This title may be cited as the ‘‘Department of Education Appro-
priations Act, 2020’’.
TITLE IV
RELATED AGENCIES
C
OMMITTEE FOR
P
URCHASE
F
ROM
P
EOPLE
W
HO
A
RE
B
LIND OR
S
EVERELY
D
ISABLED
SALARIES AND EXPENSES
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in this
title as ‘‘the Committee’’) established under section 8502 of title
41, United States Code, $10,000,000: Provided, That in order to
Contracts.
Deadline.
Time periods.
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133 STAT. 2598 PUBLIC LAW 116–94—DEC. 20, 2019
authorize any central nonprofit agency designated pursuant to sec-
tion 8503(c) of title 41, United States Code, to perform requirements
of the Committee as prescribed under section 51–3.2 of title 41,
Code of Federal Regulations, the Committee shall enter into a
written agreement with any such central nonprofit agency: Provided
further, That such agreement shall contain such auditing, oversight,
and reporting provisions as necessary to implement chapter 85
of title 41, United States Code: Provided further, That such agree-
ment shall include the elements listed under the heading ‘‘Com-
mittee For Purchase From People Who Are Blind or Severely Dis-
abled—Written Agreement Elements’’ in the explanatory statement
described in section 4 of Public Law 114–113 (in the matter pre-
ceding division A of that consolidated Act): Provided further, That
any such central nonprofit agency may not charge a fee under
section 51–3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided fur-
ther, That no less than $1,650,000 shall be available for the Office
of Inspector General.
C
ORPORATION FOR
N
ATIONAL AND
C
OMMUNITY
S
ERVICE
OPERATING EXPENSES
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ‘‘CNCS’’) to carry
out the Domestic Volunteer Service Act of 1973 (referred to in
this title as ‘‘1973 Act’’) and the National and Community Service
Act of 1990 (referred to in this title as ‘‘1990 Act’’), $806,529,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds
may be used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $17,538,000 shall be available
to provide assistance to State commissions on national and commu-
nity service, under section 126(a) of the 1990 Act and notwith-
standing section 501(a)(5)(B) of the 1990 Act; (3) $32,500,000 shall
be available to carry out subtitle E of the 1990 Act; and (4)
$6,400,000 shall be available for expenses authorized under section
501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions
of section 198P shall be awarded by CNCS on a competitive basis:
Provided further, That for the purposes of carrying out the 1990
Act, satisfying the requirements in section 122(c)(1)(D) may include
a determination of need by the local community.
PAYMENT TO THE NATIONAL SERVICE TRUST
(INCLUDING TRANSFER OF FUNDS)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $208,342,000, to remain avail-
able until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ‘‘Operating Expenses’’ allo-
cated to grants under subtitle C of title I of the 1990 Act to
the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
Determination.
Notice.
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133 STAT. 2599 PUBLIC LAW 116–94—DEC. 20, 2019
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the 1990
Act without regard to the requirement to apportion funds under
31 U.S.C. 1513(b).
SALARIES AND EXPENSES
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of the
1973 Act, including payment of salaries, authorized travel, hire
of passenger motor vehicles, the rental of conference rooms in
the District of Columbia, the employment of experts and consultants
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for
official reception and representation expenses, $83,737,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,750,000.
ADMINISTRATIVE PROVISIONS
S
EC
. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice
and comment rulemaking. For fiscal year 2020, during any grant
selection process, an officer or employee of CNCS shall not know-
ingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than
an officer or employee of CNCS that is authorized by CNCS to
receive such information.
S
EC
. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the overall
minimum share requirement as provided in section 2521.60 of title
45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support
Federal share limitations in section 140 of the 1990 Act, and subject
to partial waiver consistent with section 2521.70 of title 45, Code
of Federal Regulations.
S
EC
. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or
E of title I of the 1990 Act shall be used to supplement and
not supplant current programs and operations.
S
EC
. 404. In addition to the requirements in section 146(a)
of the 1990 Act, use of an educational award for the purpose
described in section 148(a)(4) shall be limited to individuals who
are veterans as defined under section 101 of the Act.
S
EC
. 405. For the purpose of carrying out section 189D of
the 1990 Act—
(1) entities described in paragraph (a) of such section shall
be considered ‘‘qualified entities’’ under section 3 of the National
Child Protection Act of 1993 (‘‘NCPA’’);
(2) individuals described in such section shall be considered
‘‘volunteers’’ under section 3 of NCPA; and
Requirements.
Time period.
42 USC 12571
note.
Notice.
Public
information.
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133 STAT. 2600 PUBLIC LAW 116–94—DEC. 20, 2019
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are author-
ized to receive criminal history record information, consistent
with Public Law 92–544.
S
EC
. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of not
more than one year may receive a national service education award
having a value of 70 percent of the value of a national service
education award determined under section 147(a) of the Act.
C
ORPORATION FOR
P
UBLIC
B
ROADCASTING
For payment to the Corporation for Public Broadcasting
(‘‘CPB’’), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by
that Act, for the fiscal year 2022, $465,000,000: Provided, That
none of the funds made available to CPB by this Act shall be
used to pay for receptions, parties, or similar forms of entertainment
for Government officials or employees: Provided further, That none
of the funds made available to CPB by this Act shall be available
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex: Provided further, That none of the funds made available to
CPB by this Act shall be used to apply any political test or qualifica-
tion in selecting, appointing, promoting, or taking any other per-
sonnel action with respect to officers, agents, and employees of
CPB.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and other
technologies and services that create infrastructure and efficiencies
within the public media system, $20,000,000.
F
EDERAL
M
EDIATION AND
C
ONCILIATION
S
ERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Concilia-
tion Service (‘‘Service’’) to carry out the functions vested in it
by the Labor-Management Relations Act, 1947, including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978; and for expenses necessary
for the Service to carry out the functions vested in it by the
Civil Service Reform Act, $47,200,000, including up to $900,000
to remain available through September 30, 2021, for activities
authorized by the Labor-Management Cooperation Act of 1978:
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up
to full-cost recovery, for special training activities and other conflict
resolution services and technical assistance, including those pro-
vided to foreign governments and international organizations, and
for arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided fur-
ther, That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts
Fees.
Political test.
Discrimination.
Time period.
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133 STAT. 2601 PUBLIC LAW 116–94—DEC. 20, 2019
of services and real, personal, or other property in the aid of
any projects or functions within the Director’s jurisdiction.
F
EDERAL
M
INE
S
AFETY AND
H
EALTH
R
EVIEW
C
OMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,184,000.
I
NSTITUTE OF
M
USEUM AND
L
IBRARY
S
ERVICES
OFFICE OF MUSEUM AND LIBRARY SERVICES
:
GRANTS AND
ADMINISTRATION
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $252,000,000.
M
EDICAID AND
CHIP P
AYMENT AND
A
CCESS
C
OMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1900 of the Social
Security Act, $8,780,000.
M
EDICARE
P
AYMENT
A
DVISORY
C
OMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the Social
Security Act, $12,545,000, to be transferred to this appropriation
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
N
ATIONAL
C
OUNCIL ON
D
ISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,350,000.
N
ATIONAL
L
ABOR
R
ELATIONS
B
OARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $274,224,000: Provided, That
no part of this appropriation shall be available to organize or
assist in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders concerning bar-
gaining units composed of agricultural laborers as referred to in
section 2(3) of the Act of July 5, 1935, and as amended by the
Labor-Management Relations Act, 1947, and as defined in section
3(f) of the Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of ditches,
canals, reservoirs, and waterways when maintained or operated
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133 STAT. 2602 PUBLIC LAW 116–94—DEC. 20, 2019
on a mutual, nonprofit basis and at least 95 percent of the water
stored or supplied thereby is used for farming purposes.
ADMINISTRATIVE PROVISIONS
S
EC
. 407. None of the funds provided by this Act or previous
Acts making appropriations for the National Labor Relations Board
may be used to issue any new administrative directive or regulation
that would provide employees any means of voting through any
electronic means in an election to determine a representative for
the purposes of collective bargaining.
N
ATIONAL
M
EDIATION
B
OARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the Rail-
way Labor Act, including emergency boards appointed by the Presi-
dent, $14,050,000.
O
CCUPATIONAL
S
AFETY AND
H
EALTH
R
EVIEW
C
OMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health
Review Commission, $13,225,000.
R
AILROAD
R
ETIREMENT
B
OARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, author-
ized under section 15(d) of the Railroad Retirement Act of 1974,
$16,000,000, which shall include amounts becoming available in
fiscal year 2020 pursuant to section 224(c)(1)(B) of Public Law
98–76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to the
amount by which the product of recipients and the average benefit
received exceeds the amount available for payment of vested dual
benefits: Provided, That the total amount provided herein shall
be credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain avail-
able through September 30, 2021, which shall be the maximum
amount available for payment pursuant to section 417 of Public
Law 98–76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board
(‘‘Board’’) for administration of the Railroad Retirement Act and
the Railroad Unemployment Insurance Act, $123,500,000, to be
derived in such amounts as determined by the Board from the
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133 STAT. 2603 PUBLIC LAW 116–94—DEC. 20, 2019
railroad retirement accounts and from moneys credited to the rail-
road unemployment insurance administration fund: Provided, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act this
limitation may be used to hire attorneys only through the excepted
service: Provided further, That the previous proviso shall not change
the status under Federal employment laws of any attorney hired
by the Railroad Retirement Board prior to January 1, 2013: Pro-
vided further, That notwithstanding section 7(b)(9) of the Railroad
Retirement Act, this limitation may be used to hire students
attending qualifying educational institutions or individuals who
have recently completed qualifying educational programs using cur-
rent excepted hiring authorities established by the Office of Per-
sonnel Management: Provided further, That $10,000,000, to remain
available until expended, shall be used to supplement, not supplant,
existing resources devoted to operations and improvements for the
Board’s Information Technology Investment Initiatives.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $11,000,000, to be
derived from the railroad retirement accounts and railroad
unemployment insurance account.
S
OCIAL
S
ECURITY
A
DMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m) and 1131(b)(2) of the Social Security
Act, $11,000,000.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92–603, section 212 of Public Law 93–
66, as amended, and section 405 of Public Law 95–216, including
payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Secu-
rity Act, $41,714,889,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State in the
current fiscal year and not obligated by the State during that
year shall be returned to the Treasury: Provided further, That
not more than $101,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the Social
Security Act, and remain available through September 30, 2022.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year,
such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2021,
$19,900,000,000, to remain available until expended.
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133 STAT. 2604 PUBLIC LAW 116–94—DEC. 20, 2019
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official reception
and representation expenses, not more than $12,739,945,000 may
be expended, as authorized by section 201(g)(1) of the Social Secu-
rity Act, from any one or all of the trust funds referred to in
such section: Provided, That not less than $2,500,000 shall be
for the Social Security Advisory Board: Provided further, That
$45,000,000 shall remain available until expended for information
technology modernization, including related hardware and software
infrastructure and equipment, and for administrative expenses
directly associated with information technology modernization: Pro-
vided further, That $100,000,000 shall remain available through
September 30, 2021, for activities to address the disability hearings
backlog within the Office of Hearings Operations: Provided further,
That unobligated balances of funds provided under this paragraph
at the end of fiscal year 2020 not needed for fiscal year 2020
shall remain available until expended to invest in the Social Secu-
rity Administration information technology and telecommunications
hardware and software infrastructure, including related equipment
and non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Pro-
vided further, That the Commissioner of Social Security shall notify
the Committees on Appropriations of the House of Representatives
and the Senate prior to making unobligated balances available
under the authority in the previous proviso: Provided further, That
reimbursement to the trust funds under this heading for expendi-
tures for official time for employees of the Social Security Adminis-
tration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations,
or procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as soon
as possible after such expenditures are made.
Of the total amount made available in the first paragraph
under this heading, not more than $1,582,000,000, to remain avail-
able through March 31, 2021, is for the costs associated with con-
tinuing disability reviews under titles II and XVI of the Social
Security Act, including work-related continuing disability reviews
to determine whether earnings derived from services demonstrate
an individual’s ability to engage in substantial gainful activity,
for the cost associated with conducting redeterminations of eligi-
bility under title XVI of the Social Security Act, for the cost of
co-operative disability investigation units, and for the cost associ-
ated with the prosecution of fraud in the programs and operations
of the Social Security Administration by Special Assistant United
States Attorneys: Provided, That, of such amount, $273,000,000
is provided to meet the terms of section 251(b)(2)(B)(ii)(III) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and $1,309,000,000 is additional new budget authority
specified for purposes of section 251(b)(2)(B) of such Act: Provided
further, That, of the additional new budget authority described
in the preceding proviso, up to $10,000,000 may be transferred
to the ‘‘Office of Inspector General’’, Social Security Administration,
for the cost of jointly operated co-operative disability investigation
units: Provided further, That such transfer authority is in addition
Transfer
authority.
Reviews.
Determination.
Reimbursements.
Notification.
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133 STAT. 2605 PUBLIC LAW 116–94—DEC. 20, 2019
to any other transfer authority provided by law: Provided further,
That the Commissioner shall provide to the Congress (at the conclu-
sion of the fiscal year) a report on the obligation and expenditure
of these funds, similar to the reports that were required by section
103(d)(2) of Public Law 104–121 for fiscal years 1996 through
2002.
In addition, $130,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected pursu-
ant to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended:
Provided, That to the extent that the amounts collected pursuant
to such sections in fiscal year 2020 exceed $130,000,000, the
amounts shall be available in fiscal year 2021 only to the extent
provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act,
which shall remain available until expended.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $30,000,000, together with not to exceed $75,500,000, to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limita-
tion on Administrative Expenses’’, Social Security Administration,
to be merged with this account, to be available for the time and
purposes for which this account is available: Provided, That notice
of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House of Representatives and the Senate
at least 15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(TRANSFER OF FUNDS)
S
EC
. 501. The Secretaries of Labor, Health and Human Serv-
ices, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appro-
priations provided in this Act. Such transferred balances shall
be used for the same purpose, and for the same periods of time,
for which they were originally appropriated.
S
EC
. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
S
EC
. 503. (a) No part of any appropriation contained in this
Act or transferred pursuant to section 4002 of Public Law 111–
148 shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
Lobbying.
Notice.
Time period.
Reports.
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133 STAT. 2606 PUBLIC LAW 116–94—DEC. 20, 2019
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legisla-
tion before the Congress or any State or local legislature or legisla-
tive body, except in presentation to the Congress or any State
or local legislature itself, or designed to support or defeat any
proposed or pending regulation, administrative action, or order
issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or
local government itself.
(b) No part of any appropriation contained in this Act or trans-
ferred pursuant to section 4002 of Public Law 111–148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed
to influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that govern-
ment.
(c) The prohibitions in subsections (a) and (b) shall include
any activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending,
or future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
S
EC
. 504. The Secretaries of Labor and Education are author-
ized to make available not to exceed $28,000 and $20,000, respec-
tively, from funds available for salaries and expenses under titles
I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
representation expenses not to exceed $5,000 from the funds avail-
able for ‘‘Federal Mediation and Conciliation Service, Salaries and
Expenses’’; and the Chairman of the National Mediation Board
is authorized to make available for official reception and representa-
tion expenses not to exceed $5,000 from funds available for
‘‘National Mediation Board, Salaries and Expenses’’.
S
EC
. 505. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipi-
ents of Federal research grants, shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
S
EC
. 506. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
Abortion.
Gun control.
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133 STAT. 2607 PUBLIC LAW 116–94—DEC. 20, 2019
this Act, shall be expended for health benefits coverage that includes
coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
S
EC
. 507. (a) The limitations established in the preceding sec-
tion shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a life-
endangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government sub-
jects any institutional or individual health care entity to discrimina-
tion on the basis that the health care entity does not provide,
pay for, provide coverage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’ includes
an individual physician or other health care professional, a hospital,
a provider-sponsored organization, a health maintenance organiza-
tion, a health insurance plan, or any other kind of health care
facility, organization, or plan.
S
EC
. 508. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.204(b) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
S
EC
. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established under section 202 of the Con-
trolled Substances Act except for normal and recognized executive-
congressional communications.
Drugs and drug
abuse.
Definition.
Human embryos.
Definition.
Discrimination.
Abortion.
Definition.
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133 STAT. 2608 PUBLIC LAW 116–94—DEC. 20, 2019
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advan-
tage.
S
EC
. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing for
the assignment of, a unique health identifier for an individual
(except in an individual’s capacity as an employer or a health
care provider), until legislation is enacted specifically approving
the standard.
S
EC
. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary
of Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such require-
ment was applicable to such entity.
S
EC
. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priation Act.
S
EC
. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act, as amended by the Children’s Internet Protection
Act, unless such library has made the certifications required by
paragraph (4) of such section.
S
EC
. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2020, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Represent-
atives and the Senate are consulted 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier, and are notified in writing
10 days in advance of such reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Consultations.
Time periods.
Notifications.
Certifications.
Contracts.
Reports.
Health and
health care.
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133 STAT. 2609 PUBLIC LAW 116–94—DEC. 20, 2019
Act that remain available for obligation or expenditure in fiscal
year 2020, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds in excess of $500,000
or 10 percent, whichever is less, that—
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Represent-
atives and the Senate are consulted 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier, and are notified in writing
10 days in advance of such reprogramming.
S
EC
. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political affiliation
or voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or mis-
leading.
S
EC
. 516. Within 45 days of enactment of this Act, each depart-
ment and related agency funded through this Act shall submit
an operating plan that details at the program, project, and activity
level any funding allocations for fiscal year 2020 that are different
than those specified in this Act, the accompanying detailed table
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) or the fiscal year
2020 budget request.
S
EC
. 517. The Secretaries of Labor, Health and Human Serv-
ices, and Education shall each prepare and submit to the Commit-
tees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants,
and cooperative agreements exceeding $500,000, individually or
in total for a particular project, activity, or programmatic initiative,
in value and awarded by the Department on a non-competitive
basis during each quarter of fiscal year 2020, but not to include
grants awarded on a formula basis or directed by law. Such report
shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report shall
be transmitted to the Committees within 30 days after the end
of the quarter for which the report is submitted.
S
EC
. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social Security,
for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process any claim
for credit for a quarter of coverage based on work performed under
a social security account number that is not the claimant’s number
and the performance of such work under such number has formed
Reports.
Contracts.
Grants.
Deadline.
Operating plan.
Political
disclosures.
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133 STAT. 2610 PUBLIC LAW 116–94—DEC. 20, 2019
the basis for a conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
S
EC
. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social Secu-
rity Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and
Mexico establishing totalization arrangements between the social
security system established by title II of the Social Security Act
and the social security system of Mexico, which would not otherwise
be payable but for such agreement.
S
EC
. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
S
EC
. 521. None of the funds made available under this or
any other Act, or any prior Appropriations Act, may be provided
to the Association of Community Organizations for Reform Now
(ACORN), or any of its affiliates, subsidiaries, allied organizations,
or successors.
S
EC
. 522. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M–12–12 dated
May 11, 2012, and requirements contained in the annual appropria-
tions bills relating to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
S
EC
. 523. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or edu-
cational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated
at U.S. taxpayer expense. The funds used by a Federal agency
to carry out this requirement shall be derived from amounts made
available to the agency for advertising or other communications
regarding the programs and activities of the agency.
S
EC
. 524. (a) Federal agencies may use Federal discretionary
funds that are made available in this Act to carry out up to
10 Performance Partnership Pilots. Such Pilots shall be governed
by the provisions of section 526 of division H of Public Law 113–
76, except that in carrying out such Pilots section 526 shall be
applied by substituting ‘‘Fiscal Year 2020’’ for ‘‘Fiscal Year 2014’’
in the title of subsection (b) and by substituting ‘‘September 30,
2024’’ for ‘‘September 30, 2018’’ each place it appears: Provided,
That such pilots shall include communities that have experienced
civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Perform-
ance Partnership Pilots that are being carried out pursuant to
the authority provided by section 526 of division H of Public Law
113–76, section 524 of division G of Public Law 113–235, section
525 of division H of Public Law 114–113, section 525 of division
ACORN.
Pornography.
Mexico.
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133 STAT. 2611 PUBLIC LAW 116–94—DEC. 20, 2019
H of Public Law 115–31, and section 525 of division H of Public
Law 115–141.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to
an additional 5 years to operate under such authorities.
S
EC
. 525. Not later than 30 days after the end of each calendar
quarter, beginning with the first month of fiscal year 2020, the
Departments of Labor, Health and Human Services and Education
and the Social Security Administration shall provide the Commit-
tees on Appropriations of the House of Representatives and Senate
a report on the status of balances of appropriations: Provided,
That for balances that are unobligated and uncommitted, com-
mitted, and obligated but unexpended, the monthly reports shall
separately identify the amounts attributable to each source year
of appropriation (beginning with fiscal year 2012, or, to the extent
feasible, earlier fiscal years) from which balances were derived.
S
EC
. 526. The Departments of Labor, Health and Human Serv-
ices, or Education shall provide to the Committees on Appropria-
tions of the House of Representatives and the Senate a comprehen-
sive list of any new or competitive grant award notifications,
including supplements, issued at the discretion of such Departments
not less than 3 full business days before any entity selected to
receive a grant award is announced by the Department or its
offices (other than emergency response grants at any time of the
year or for grant awards made during the last 10 business days
of the fiscal year, or if applicable, of the program year).
S
EC
. 527. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds
for elements of a program other than making such purchases if
the relevant State or local health department, in consultation with
the Centers for Disease Control and Prevention, determines that
the State or local jurisdiction, as applicable, is experiencing, or
is at risk for, a significant increase in hepatitis infections or an
HIV outbreak due to injection drug use, and such program is
operating in accordance with State and local law.
S
EC
. 528. Each department and related agency funded through
this Act shall provide answers to questions submitted for the record
by members of the Committee within 45 business days after receipt.
(RESCISSION)
S
EC
. 529. Of any available amounts appropriated under section
2104(a)(23) of the Social Security Act (42 U.S.C. 1397dd) that are
unobligated as of September 25, 2020, $3,169,819,000 are hereby
rescinded as of such date.
S
EC
. 530. Of amounts deposited in the Child Enrollment Contin-
gency Fund prior to the beginning of fiscal year 2020 under section
2104(n)(2) of the Social Security Act and the income derived from
investment of those funds pursuant to section 2104(n)(2)(C) of that
Act, $6,093,181,000 shall not be available for obligation in this
fiscal year.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appro-
priations Act, 2020’’.
Deadline.
Consultation.
Determination.
Needles.
Drugs and drug
abuse.
Lists.
Grants.
Deadline.
Time period.
Reports.
31 USC 1502
note.
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133 STAT. 2612 PUBLIC LAW 116–94—DEC. 20, 2019
DIVISION B—AGRICULTURE, RURAL DEVELOPMENT,
FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
AGRICULTURAL PROGRAMS
P
ROCESSING
, R
ESEARCH
,
AND
M
ARKETING
O
FFICE OF THE
S
ECRETARY
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Secretary,
$46,139,000, of which not to exceed $5,051,000 shall be available
for the immediate Office of the Secretary; not to exceed $1,496,000
shall be available for the Office of Homeland Security; not to exceed
$6,211,000 shall be available for the Office of Partnerships and
Public Engagement, of which $1,500,000 shall be for 7 U.S.C.
2279(c)(5); not to exceed $22,251,000 shall be available for the
Office of the Assistant Secretary for Administration, of which
$21,376,000 shall be available for Departmental Administration
to provide for necessary expenses for management support services
to offices of the Department and for general administration, secu-
rity, repairs and alterations, and other miscellaneous supplies and
expenses not otherwise provided for and necessary for the practical
and efficient work of the Department: Provided, That funds made
available by this Act to an agency in the Administration mission
area for salaries and expenses are available to fund up to one
administrative support staff for the Office; not to exceed $3,869,000
shall be available for the Office of Assistant Secretary for Congres-
sional Relations and Intergovernmental Affairs to carry out the
programs funded by this Act, including programs involving intergov-
ernmental affairs and liaison within the executive branch; and
not to exceed $7,261,000 shall be available for the Office of Commu-
nications: Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the
Office of the Secretary to any other office of the Office of the
Secretary: Provided further, That no appropriation for any office
shall be increased or decreased by more than 5 percent: Provided
further, That not to exceed $22,000 of the amount made available
under this paragraph for the immediate Office of the Secretary
shall be available for official reception and representation expenses,
not otherwise provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the holding
of hearings as required by 5 U.S.C. 551–558: Provided further,
That funds made available under this heading for the Office of
the Assistant Secretary for Congressional Relations and Intergov-
ernmental Affairs may be transferred to agencies of the Department
of Agriculture funded by this Act to maintain personnel at the
agency level: Provided further, That no funds made available under
this heading for the Office of Assistant Secretary for Congressional
Relations may be obligated after 30 days from the date of enactment
of this Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation of
Time period.
Notification.
Reimbursements.
Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 2020.
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133 STAT. 2613 PUBLIC LAW 116–94—DEC. 20, 2019
these funds by USDA agency: Provided further, That of the funds
made available under this heading, funding shall be made available
to the Office of the Secretary to carry out the duties of the working
group established under section 770 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2019 (Public Law 116–6; 133 Stat. 89): Provided
further, That during any 30 day notification period referenced in
section 716 of this Act, the Secretary of Agriculture, the Secretary
of Health and Human Services or the Chairman of the Commodity
Futures Trading Commission, (as the case may be) shall take no
action to begin implementation of the proposal or make any public
announcement in any form.
E
XECUTIVE
O
PERATIONS
OFFICE OF THE CHIEF ECONOMIST
For necessary expenses of the Office of the Chief Economist,
$24,013,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155.
OFFICE OF HEARINGS AND APPEALS
For necessary expenses of the Office of Hearings and Appeals,
$15,222,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
O
FFICE OF THE
C
HIEF
I
NFORMATION
O
FFICER
For necessary expenses of the Office of the Chief Information
Officer, $66,580,000, of which not less than $56,000,000 is for
cybersecurity requirements of the department.
O
FFICE OF THE
C
HIEF
F
INANCIAL
O
FFICER
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
O
FFICE OF THE
A
SSISTANT
S
ECRETARY FOR
C
IVIL
R
IGHTS
For necessary expenses of the Office of the Assistant Secretary
for Civil Rights, $901,000: Provided, That funds made available
by this Act to an agency in the Civil Rights mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
O
FFICE OF
C
IVIL
R
IGHTS
For necessary expenses of the Office of Civil Rights,
$24,206,000.
Notification.
Time period.
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133 STAT. 2614 PUBLIC LAW 116–94—DEC. 20, 2019
A
GRICULTURE
B
UILDINGS AND
F
ACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 121, for programs
and activities of the Department which are included in this Act,
and for alterations and other actions needed for the Department
and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and
for the operation, maintenance, improvement, and repair of Agri-
culture buildings and facilities, and for related costs, $128,167,000,
to remain available until expended.
H
AZARDOUS
M
ATERIALS
M
ANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response, Com-
pensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), $4,503,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials
Management may be transferred to any agency of the Department
for its use in meeting all requirements pursuant to the above
Acts on Federal and non-Federal lands.
O
FFICE OF
I
NSPECTOR
G
ENERAL
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95–452; 5 U.S.C. App.), $98,208,000, including
such sums as may be necessary for contracting and other arrange-
ments with public agencies and private persons pursuant to section
6(a)(9) of the Inspector General Act of 1978 (Public Law 95–452;
5 U.S.C. App.), and including not to exceed $125,000 for certain
confidential operational expenses, including the payment of inform-
ants, to be expended under the direction of the Inspector General
pursuant to the Inspector General Act of 1978 (Public Law 95–
452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
Act of 1981 (Public Law 97–98).
O
FFICE OF THE
G
ENERAL
C
OUNSEL
For necessary expenses of the Office of the General Counsel,
$45,146,000.
O
FFICE OF
E
THICS
For necessary expenses of the Office of Ethics, $4,136,000.
O
FFICE OF THE
U
NDER
S
ECRETARY FOR
R
ESEARCH
, E
DUCATION
,
AND
E
CONOMICS
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $800,000: Provided, That
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133 STAT. 2615 PUBLIC LAW 116–94—DEC. 20, 2019
funds made available by this Act to an agency in the Research,
Education, and Economics mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office.
E
CONOMIC
R
ESEARCH
S
ERVICE
For necessary expenses of the Economic Research Service,
$84,757,000.
N
ATIONAL
A
GRICULTURAL
S
TATISTICS
S
ERVICE
For necessary expenses of the National Agricultural Statistics
Service, $180,294,000, of which up to $45,300,000 shall be available
until expended for the Census of Agriculture: Provided, That
amounts made available for the Census of Agriculture may be
used to conduct Current Industrial Report surveys subject to 7
U.S.C. 2204g(d) and (f).
A
GRICULTURAL
R
ESEARCH
S
ERVICE
SALARIES AND EXPENSES
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests trans-
ferred out of Federal ownership, $1,414,366,000, of which
$13,100,000, to remain available until expended, shall be used
for transition and equipment purchases for the National Bio and
Agro-Defense Facility located in Manhattan, Kansas: Provided, That
of the amounts available to the Agricultural Research Service for
the National Bio and Agro-Defense Facility, no funds may be obli-
gated above the amount provided for the facility in Public Law
116–6 until the Secretary of Agriculture submits to the Committees
on Appropriations of both Houses of Congress, and receives written
or electronic notification of receipt from such Committees, a stra-
tegic plan as required in House Report 116–107: Provided further,
That appropriations hereunder shall be available for the operation
and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and improvements,
but unless otherwise provided, the cost of constructing any one
building shall not exceed $500,000, except for headhouses or green-
houses which shall each be limited to $1,800,000, except for 10
buildings to be constructed or improved at a cost not to exceed
$1,100,000 each, and except for two buildings to be constructed
at a cost not to exceed $3,000,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building or $500,000, which-
ever is greater: Provided further, That appropriations hereunder
shall be available for entering into lease agreements at any Agricul-
tural Research Service location for the construction of a research
facility by a non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any facility
Contracts.
7 USC 2254.
7 USC 2254.
Notification.
Strategic plan.
Kansas.
Surveys.
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133 STAT. 2616 PUBLIC LAW 116–94—DEC. 20, 2019
shall be owned, operated, and maintained by the non-Federal entity
and shall be removed upon the expiration or termination of the
lease agreement: Provided further, That the limitations on alter-
ations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for
granting easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not apply
to replacement of buildings needed to carry out the Act of April
24, 1948 (21 U.S.C. 113a): Provided further, That appropriations
hereunder shall be available for granting easements at any Agricul-
tural Research Service location for the construction of a research
facility by a non-Federal entity for use by, and acceptable to, the
Agricultural Research Service and a condition of the easements
shall be that upon completion the facility shall be accepted by
the Secretary, subject to the availability of funds herein, if the
Secretary finds that acceptance of the facility is in the interest
of the United States: Provided further, That funds may be received
from any State, other political subdivision, organization, or indi-
vidual for the purpose of establishing or operating any research
facility or research project of the Agricultural Research Service,
as authorized by law.
BUILDINGS AND FACILITIES
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
$192,700,000 to remain available until expended, of which
$166,900,000 shall be allocated for ARS facilities co-located with
university partners.
N
ATIONAL
I
NSTITUTE OF
F
OOD AND
A
GRICULTURE
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for coopera-
tive forestry and other research, for facilities, and for other
expenses, $962,864,000, which shall be for the purposes, and in
the amounts, specified in the table titled ‘‘National Institute of
Food and Agriculture, Research and Education Activities’’ in the
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act): Provided, That funds
for research grants for 1994 institutions, education grants for 1890
institutions, capacity building for non-land-grant colleges of agri-
culture, the agriculture and food research initiative, veterinary
medicine loan repayment, multicultural scholars, graduate fellow-
ship and institution challenge grants, and grants management sys-
tems shall remain available until expended: Provided further, That
each institution eligible to receive funds under the Evans-Allen
program receives no less than $1,000,000: Provided further, That
funds for education grants for Alaska Native and Native Hawaiian-
serving institutions be made available to individual eligible institu-
tions or consortia of eligible institutions with funds awarded equally
to each of the States of Alaska and Hawaii: Provided further,
That funds for education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7 U.S.C.
Easements.
Maryland.
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133 STAT. 2617 PUBLIC LAW 116–94—DEC. 20, 2019
3221 and 3222: Provided further, That not more than 5 percent
of the amounts made available by this or any other Act to carry
out the Agriculture and Food Research Initiative under 7 U.S.C.
3157 may be retained by the Secretary of Agriculture to pay
administrative costs incurred by the Secretary in carrying out that
authority.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund author-
ized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to
remain available until expended.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $526,557,000, which shall be for the purposes,
and in the amounts, specified in the table titled ‘‘National Institute
of Food and Agriculture, Extension Activities’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That funds for facility improve-
ments at 1890 institutions shall remain available until expended:
Provided further, That institutions eligible to receive funds under
7 U.S.C. 3221 for cooperative extension receive no less than
$1,000,000: Provided further, That funds for cooperative extension
under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b)
and (c)) and section 208(c) of Public Law 93–471 shall be available
for retirement and employees’ compensation costs for extension
agents.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension grants
programs, including necessary administrative expenses,
$38,000,000, which shall be for the purposes, and in the amounts,
specified in the table titled ‘‘National Institute of Food and Agri-
culture, Integrated Activities’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for the Food and Agriculture
Defense Initiative shall remain available until September 30, 2021:
Provided further, That notwithstanding any other provision of law,
indirect costs shall not be charged against any Extension
Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
O
FFICE OF THE
U
NDER
S
ECRETARY FOR
M
ARKETING AND
R
EGULATORY
P
ROGRAMS
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $800,000: Provided, That
funds made available by this Act to an agency in the Marketing
and Regulatory Programs mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office.
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133 STAT. 2618 PUBLIC LAW 116–94—DEC. 20, 2019
A
NIMAL AND
P
LANT
H
EALTH
I
NSPECTION
S
ERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Animal and Plant Health Inspec-
tion Service, including up to $30,000 for representation allowances
and for expenses pursuant to the Foreign Service Act of 1980
(22 U.S.C. 4085), $1,042,711,000, of which $470,000, to remain
available until expended, shall be available for the control of out-
breaks of insects, plant diseases, animal diseases and for control
of pest animals and birds (‘‘contingency fund’’) to the extent nec-
essary to meet emergency conditions; of which $11,520,000, to
remain available until expended, shall be used for the cotton pests
program, including for cost share purposes or for debt retirement
for active eradication zones; of which $37,857,000, to remain avail-
able until expended, shall be for Animal Health Technical Services;
of which $1,000,000 shall be for activities under the authority
of the Horse Protection Act of 1970, as amended (15 U.S.C. 1831);
of which $62,840,000, to remain available until expended, shall
be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology infra-
structure; of which $192,013,000, to remain available until
expended, shall be for specialty crop pests; of which, $13,826,000,
to remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $16,523,000, to remain avail-
able until expended, shall be for zoonotic disease management;
of which $40,966,000, to remain available until expended, shall
be for emergency preparedness and response; of which $60,000,000,
to remain available until expended, shall be for tree and wood
pests; of which $5,725,000, to remain available until expended,
shall be for the National Veterinary Stockpile; of which up to
$1,500,000, to remain available until expended, shall be for the
scrapie program for indemnities; of which $2,500,000, to remain
available until expended, shall be for the wildlife damage manage-
ment program for aviation safety: Provided, That of amounts avail-
able under this heading for wildlife services methods development,
$1,000,000 shall remain available until expended: Provided further,
That of amounts available under this heading for the screwworm
program, $4,990,000 shall remain available until expended; of which
$20,800,000, to remain available until expended, shall be used
to carry out the science program and transition activities for the
National Bio and Agro-defense Facility located in Manhattan,
Kansas: Provided further, That of the amounts available to the
Animal and Plant Health Inspection Service for the National Bio
and Agro-Defense Facility, no funds may be obligated above the
amount provided for the facility in Public Law 116–6 until the
Secretary of Agriculture submits to the Committees on Appropria-
tions of both Houses of Congress, and receives written or electronic
notification of receipt from such Committees, a strategic plan as
required in House Report 116–107: Provided further, That no funds
shall be used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided further,
That this appropriation shall be available for the purchase, replace-
ment, operation, and maintenance of aircraft: Provided further,
Brucellosis
eradication.
Notification.
Strategic plan.
Kansas.
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133 STAT. 2619 PUBLIC LAW 116–94—DEC. 20, 2019
That in addition, in emergencies which threaten any segment of
the agricultural production industry of the United States, the Sec-
retary may transfer from other appropriations or funds available
to the agencies or corporations of the Department such sums as
may be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious disease
or pests of animals, poultry, or plants, and for expenses in accord-
ance with sections 10411 and 10417 of the Animal Health Protection
Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the
Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended
balances of funds transferred for such emergency purposes in the
preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall
be available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless other-
wise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
In fiscal year 2020, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be reimbursed to this account, to remain avail-
able until expended, without further appropriation, for providing
such assistance, goods, or services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 2268a,
$3,175,000, to remain available until expended.
A
GRICULTURAL
M
ARKETING
S
ERVICE
MARKETING SERVICES
For necessary expenses of the Agricultural Marketing Service,
$186,936,000, of which $6,000,000 shall be available for the pur-
poses of section 12306 of Public Law 113–79: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250)
for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the
building: Provided further, That up to $4,454,000 of this appropria-
tion may be used for United States Warehouse Act activities to
supplement amounts made available by the United States Ware-
house Act.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
Fees.
Fees.
Reimbursement.
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133 STAT. 2620 PUBLIC LAW 116–94—DEC. 20, 2019
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $61,227,000 (from fees collected) shall be obli-
gated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrol-
lable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS
,
INCOME
,
AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.); (2) transfers otherwise provided in this Act; and
(3) not more than $20,705,000 for formulation and administration
of marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961 (Public Law 87–128).
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activi-
ties under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $1,235,000.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $55,000,000 (from fees collected) shall be obli-
gated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress.
O
FFICE OF THE
U
NDER
S
ECRETARY FOR
F
OOD
S
AFETY
For necessary expenses of the Office of the Under Secretary
for Food Safety, $800,000: Provided, That funds made available
by this Act to an agency in the Food Safety mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
F
OOD
S
AFETY AND
I
NSPECTION
S
ERVICE
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$10,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$1,054,344,000; and in addition, $1,000,000 may be credited to
Notification.
Notification.
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133 STAT. 2621 PUBLIC LAW 116–94—DEC. 20, 2019
this account from fees collected for the cost of laboratory accredita-
tion as authorized by section 1327 of the Food, Agriculture, Con-
servation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
funds provided for the Public Health Data Communication Infra-
structure system shall remain available until expended: Provided
further, That no fewer than 148 full-time equivalent positions shall
be employed during fiscal year 2020 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods
of Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That
the Food Safety and Inspection Service shall continue implementa-
tion of section 11016 of Public Law 110–246 as further clarified
by the amendments made in section 12106 of Public Law 113–
79: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
O
FFICE OF THE
U
NDER
S
ECRETARY FOR
F
ARM
P
RODUCTION AND
C
ONSERVATION
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $901,000: Provided, That
funds made available by this Act to an agency in the Farm Produc-
tion and Conservation mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
F
ARM
P
RODUCTION AND
C
ONSERVATION
B
USINESS
C
ENTER
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Farm Production and Conserva-
tion Business Center, $203,877,000: Provided, That $60,228,000
of amounts appropriated for the current fiscal year pursuant to
section 1241(a) of the Farm Security and Rural Investment Act
of 1985 (16 U.S.C. 3841(a)) shall be transferred to and merged
with this account.
F
ARM
S
ERVICE
A
GENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Farm Service Agency,
$1,122,837,000, of which not less than $35,000,000 shall be for
the hiring of new employees to fill vacancies at Farm Service
Agency county offices and farm loan officers and shall be available
until September 30, 2021: Provided, That not more than 50 percent
of the funding made available under this heading for information
technology related to farm program delivery may be obligated until
Notification.
Expenditure
plan.
Cost estimates.
Employment
positions.
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133 STAT. 2622 PUBLIC LAW 116–94—DEC. 20, 2019
the Secretary submits to the Committees on Appropriations of both
Houses of Congress, and receives written or electronic notification
of receipt from such Committees of, a plan for expenditure that
(1) identifies for each project/investment over $25,000 (a) the func-
tional and performance capabilities to be delivered and the mission
benefits to be realized, (b) the estimated lifecycle cost for the
entirety of the project/investment, including estimates for develop-
ment as well as maintenance and operations, and (c) key milestones
to be met; (2) demonstrates that each project/investment is, (a)
consistent with the Farm Service Agency Information Technology
Roadmap, (b) being managed in accordance with applicable lifecycle
management policies and guidance, and (c) subject to the applicable
Department’s capital planning and investment control require-
ments; and (3) has been reviewed by the Government Accountability
Office and approved by the Committees on Appropriations of both
Houses of Congress: Provided further, That the agency shall submit
a report by the end of the fourth quarter of fiscal year 2020
to the Committees on Appropriations and the Government Account-
ability Office, that identifies for each project/investment that is
operational (a) current performance against key indicators of cus-
tomer satisfaction, (b) current performance of service level agree-
ments or other technical metrics, (c) current performance against
a pre-established cost baseline, (d) a detailed breakdown of current
and planned spending on operational enhancements or upgrades,
and (e) an assessment of whether the investment continues to
meet business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is authorized to
use the services, facilities, and authorities (but not the funds)
of the Commodity Credit Corporation to make program payments
for all programs administered by the Agency: Provided further,
That other funds made available to the Agency for authorized
activities may be advanced to and merged with this account: Pro-
vided further, That funds made available to county committees
shall remain available until expended: Provided further, That none
of the funds available to the Farm Service Agency shall be used
to close Farm Service Agency county offices: Provided further, That
none of the funds available to the Farm Service Agency shall
be used to permanently relocate county based employees that would
result in an office with two or fewer employees without prior
notification and approval of the Committees on Appropriations of
both Houses of Congress.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101–5106), $5,545,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act
of 1985 (16 U.S.C. 3839bb–2), $6,500,000, to remain available until
expended.
Notification.
Reports.
Assessment.
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133 STAT. 2623 PUBLIC LAW 116–94—DEC. 20, 2019
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, such sums as may be necessary, to remain
available until expended: Provided, That such program is carried
out by the Secretary in the same manner as the dairy indemnity
program described in the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12).
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136), boll
weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7
U.S.C. 1924 et seq.), relending program (7 U.S.C. 1936c), and Indian
highly fractionated land loans (25 U.S.C. 5136) to be available
from funds in the Agricultural Credit Insurance Fund, as follows:
$2,750,000,000 for guaranteed farm ownership loans and
$1,875,000,000 for farm ownership direct loans; $1,960,000,000 for
unsubsidized guaranteed operating loans and $1,550,133,000 for
direct operating loans; emergency loans, $37,668,000; Indian tribe
land acquisition loans, $20,000,000; guaranteed conservation loans,
$150,000,000; relending program, $18,215,000; Indian highly
fractionated land loans, $10,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary shall
deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: $58,440,000
for direct farm operating loans, $20,972,000 for unsubsidized
guaranteed farm operating loans, emergency loans, $2,023,000; re-
lending program, $5,000,000; Indian highly fractionated land loans,
$2,745,000; and $60,000 for boll weevil eradication loans, to remain
available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $317,068,000: Pro-
vided, That of this amount, $290,917,000 shall be transferred to
and merged with the appropriation for ‘‘Farm Service Agency, Sala-
ries and Expenses’’: Provided further, That of this amount
$16,081,000 shall be transferred to and merged with the appropria-
tion for ‘‘Farm Production and Conservation Business Center, Sala-
ries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insur-
ance Program Account for farm ownership, operating and conserva-
tion direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in advance
of any transfer.
Notification.
Time period.
Pink Bollworm.
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133 STAT. 2624 PUBLIC LAW 116–94—DEC. 20, 2019
R
ISK
M
ANAGEMENT
A
GENCY
SALARIES AND EXPENSES
For necessary expenses of the Risk Management Agency,
$58,361,000: Provided, That $2,000,000 shall be available for
compliance and integrity activities required under section
516(b)(2)(C) of the Federal Crop Insurance Act of 1938 (7 U.S.C.
1516(b)(2)(C)) in addition to other amounts provided: Provided fur-
ther, That not to exceed $1,000 shall be available for official recep-
tion and representation expenses, as authorized by 7 U.S.C. 1506(i).
N
ATURAL
R
ESOURCES
C
ONSERVATION
S
ERVICE
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil; dissemi-
nation of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100 pursuant
to the Act of August 3, 1956 (7 U.S.C. 2268a); purchase and erection
or alteration or improvement of permanent and temporary
buildings; and operation and maintenance of aircraft, $829,628,000,
to remain available until September 30, 2021: Provided, That appro-
priations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improve-
ments at plant materials centers, except that the cost of alterations
and improvements to other buildings and other public improvements
shall not exceed $250,000: Provided further, That when buildings
or other structures are erected on non-Federal land, that the right
to use such land is obtained as provided in 7 U.S.C. 2250a: Provided
further, That of the amounts made available under this heading,
$5,600,000, shall remain available until expended for the authorities
under 16 U.S.C. 1001–1005 and 1007–1009 for authorized ongoing
watershed projects with a primary purpose of providing water to
rural communities.
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations, engineering
operations, works of improvement, and changes in use of land,
in accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with
the provisions of laws relating to the activities of the Department,
$175,000,000, to remain available until expended: Provided, That
for funds provided by this Act or any other prior Act, the limitation
regarding the size of the watershed or subwatershed exceeding
two hundred and fifty thousand acres in which such activities
can be undertaken shall only apply for activities undertaken for
the primary purpose of flood prevention (including structural and
Applicability.
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133 STAT. 2625 PUBLIC LAW 116–94—DEC. 20, 2019
land treatment measures): Provided further, That of the amounts
made available under this heading, $70,000,000 shall be allocated
to projects and activities that can commence promptly following
enactment; that address regional priorities for flood prevention,
agricultural water management, inefficient irrigation systems, fish
and wildlife habitat, or watershed protection; or that address
authorized ongoing projects under the authorities of section 13
of the Flood Control Act of December 22, 1944 (Public Law 78–
534) with a primary purpose of watershed protection by preventing
floodwater damage and stabilizing stream channels, tributaries,
and banks to reduce erosion and sediment transport.
WATERSHED REHABILITATION PROGRAM
Under the authorities of section 14 of the Watershed Protection
and Flood Prevention Act, $10,000,000 is provided: Provided, That
of the amounts made available under this heading, $5,000,000
shall remain available until expended for watershed rehabilitation
projects in states with high-hazard dams and other watershed struc-
tures and that have recently incurred flooding events which caused
fatalities.
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Govern-
ment Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
F
EDERAL
C
ROP
I
NSURANCE
C
ORPORATION
F
UND
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
C
OMMODITY
C
REDIT
C
ORPORATION
F
UND
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to section
2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided,
That of the funds available to the Commodity Credit Corporation
under section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i) for the conduct of its business with the Foreign
Agricultural Service, up to $5,000,000 may be transferred to and
used by the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service that
are not related to Commodity Credit Corporation business.
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133 STAT. 2626 PUBLIC LAW 116–94—DEC. 20, 2019
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $5,000,000 for site investigation and
cleanup expenses, and operations and maintenance expenses to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607(g)), and section 6001 of the Solid Waste Disposal Act
(42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
O
FFICE OF THE
U
NDER
S
ECRETARY FOR
R
URAL
D
EVELOPMENT
For necessary expenses of the Office of the Under Secretary
for Rural Development, $800,000: Provided, That funds made avail-
able by this Act to an agency in the Rural Development mission
area for salaries and expenses are available to fund up to one
administrative support staff for the Office.
R
URAL
D
EVELOPMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and oper-
ation of agricultural cooperatives; and for cooperative agreements;
$247,835,000: Provided, That notwithstanding any other provision
of law, funds appropriated under this heading may be used for
advertising and promotional activities that support Rural Develop-
ment programs: Provided further, That in addition to any other
funds appropriated for purposes authorized by section 502(i) of
the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts collected
under such section, as amended by this Act, will immediately be
credited to this account and will remain available until expended
for such purposes.
R
URAL
H
OUSING
S
ERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $1,000,000,000 shall be for direct loans and
$24,000,000,000 shall be for unsubsidized guaranteed loans;
$28,000,000 for section 504 housing repair loans; $40,000,000 for
section 515 rental housing; $230,000,000 for section 538 guaranteed
multi-family housing loans; $10,000,000 for credit sales of single
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133 STAT. 2627 PUBLIC LAW 116–94—DEC. 20, 2019
family housing acquired property; $5,000,000 for section 523 self-
help housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows: section 502 loans, $90,000,000
shall be for direct loans; section 504 housing repair loans,
$4,679,000; section 523 self-help housing land development loans,
$577,000; section 524 site development loans, $546,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
$12,144,000: Provided, That to support the loan program level for
section 538 guaranteed loans made available under this heading
the Secretary may charge or adjust any fees to cover the projected
cost of such loan guarantees pursuant to the provisions of the
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest
on such loans may not be subsidized: Provided further, That
applicants in communities that have a current rural area waiver
under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q)
shall be treated as living in a rural area for purposes of section
502 guaranteed loans provided under this heading: Provided further,
That of the amounts available under this paragraph for section
502 direct loans, no less than $5,000,000 shall be available for
direct loans for individuals whose homes will be built pursuant
to a program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until June
1, 2020: Provided further, That the Secretary shall implement provi-
sions to provide incentives to nonprofit organizations and public
housing authorities to facilitate the acquisition of Rural Housing
Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to keep
such properties in the RHS multifamily housing program for a
period of time as determined by the Secretary, with such incentives
to include, but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on Invest-
ment on their own resources to include proceeds from low income
housing tax credit syndication, own contributions, grants, and devel-
oper loans at favorable rates and terms, invested in a deal; and
allow reimbursement of organizational costs associated with owner’s
oversight of asset referred to as ‘‘Asset Management Fee’’ of up
to $7,500 per property.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949
(42 U.S.C. 1484, 1486), $18,739,000, to remain available until
expended, for direct farm labor housing loans and domestic farm
labor housing grants and contracts: Provided, That any balances
available for the Farm Labor Program Account shall be transferred
to and merged with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 shall
be transferred to and merged with the appropriation for ‘‘Rural
Development, Salaries and Expenses’’.
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the Housing
Act of 1949 or agreements entered into in lieu of debt forgiveness
Time periods.
Determination.
Fees.
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133 STAT. 2628 PUBLIC LAW 116–94—DEC. 20, 2019
or payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $1,375,000,000, of which
$40,000,000 shall be available until September 30, 2021; and in
addition such sums as may be necessary, as authorized by section
521(c) of the Act, to liquidate debt incurred prior to fiscal year
1992 to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That rental assistance agreements
entered into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That upon request
by an owner of a project financed by an existing loan under section
514 or 515 of the Act, the Secretary may renew the rental assistance
agreement for a period of 20 years or until the term of such
loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such one-
year agreements may be transferred and used for purposes of any
debt reduction; maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2020
for a farm labor multi-family housing project financed under section
514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period
of 12 consecutive months, if such project has a waiting list of
tenants seeking such assistance or the project has rental assistance
eligible tenants who are not receiving such assistance: Provided
further, That such recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family housing
project financed under section 514 or 516 of the Act: Provided
further, That except as provided in the fourth proviso under this
heading and notwithstanding any other provision of the Act, the
Secretary may recapture rental assistance provided under agree-
ments entered into prior to fiscal year 2020 for a project that
the Secretary determines no longer needs rental assistance and
use such recaptured funds for current needs.
MULTI
-
FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding sub-
section (b) of such section, and for additional costs to conduct
a demonstration program for the preservation and revitalization
of multi-family rental housing properties described in this para-
graph, $60,000,000, to remain available until expended: Provided,
That of the funds made available under this heading, $32,000,000,
shall be available for rural housing vouchers to any low-income
household (including those not receiving rental assistance) residing
in a property financed with a section 515 loan which has been
prepaid after September 30, 2005: Provided further, That the
amount of such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available for
such vouchers shall be subject to the availability of annual appro-
priations: Provided further, That the Secretary shall, to the max-
imum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8
housing vouchers administered by the Secretary of the Department
of Housing and Urban Development: Provided further, That if the
Determination.
Vouchers.
Loans.
Determination.
Applicability.
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133 STAT. 2629 PUBLIC LAW 116–94—DEC. 20, 2019
Secretary determines that the amount made available for vouchers
in this or any other Act is not needed for vouchers, the Secretary
may use such funds for the demonstration program for the preserva-
tion and revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the funds
made available under this heading, $28,000,000 shall be available
for a demonstration program for the preservation and revitalization
of the sections 514, 515, and 516 multi-family rental housing prop-
erties to restructure existing USDA multi-family housing loans,
as the Secretary deems appropriate, expressly for the purposes
of ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable housing
for low-income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial assistance
including advances, payments and incentives (including the ability
of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as
part of the preservation and revitalization agreement obtain a
restrictive use agreement consistent with the terms of the restruc-
turing: Provided further, That if the Secretary determines that
additional funds for vouchers described in this paragraph are
needed, funds for the preservation and revitalization demonstration
program may be used for such vouchers: Provided further, That
if Congress enacts legislation to permanently authorize a multi-
family rental housing loan restructuring program similar to the
demonstration program described herein, the Secretary may use
funds made available for the demonstration program under this
heading to carry out such legislation with the prior approval of
the Committees on Appropriations of both Houses of Congress:
Provided further, That in addition to any other available funds,
the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for adminis-
trative expenses for activities funded under this heading.
MUTUAL AND SELF
-
HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $31,000,000, to remain
available until expended.
RURAL HOUSING ASSISTANCE GRANTS
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized
by 42 U.S.C. 1474, and 1490m, $45,000,000, to remain available
until expended.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $2,800,000,000 for direct loans and $500,000,000 for guaranteed
loans.
Determination.
Contracts.
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133 STAT. 2630 PUBLIC LAW 116–94—DEC. 20, 2019
For the cost of grants for rural community facilities programs
as authorized by section 306 and described in section 381E(d)(1)
of the Consolidated Farm and Rural Development Act, $49,000,000,
to remain available until expended: Provided, That $6,000,000 of
the amount appropriated under this heading shall be available
for a Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity and
ability of private, nonprofit community-based housing and commu-
nity development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake projects
to improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That such
funds shall be made available to qualified private, nonprofit and
public intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That $6,000,000
of the amount appropriated under this heading shall be to provide
grants for facilities in rural communities with extreme unemploy-
ment and severe economic depression (Public Law 106–387), with
up to 5 percent for administration and capacity building in the
State rural development offices: Provided further, That $5,000,000
of the amount appropriated under this heading shall be available
for community facilities grants to tribal colleges, as authorized
by section 306(a)(19) of such Act: Provided further, That sections
381E–H and 381N of the Consolidated Farm and Rural Develop-
ment Act are not applicable to the funds made available under
this heading.
R
URAL
B
USINESS
—C
OOPERATIVE
S
ERVICE
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of loan guarantees and grants, for the rural busi-
ness development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B of
the Consolidated Farm and Rural Development Act, $66,500,000,
to remain available until expended: Provided, That of the amount
appropriated under this heading, not to exceed $500,000 shall be
made available for one grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development and $9,000,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et seq.),
and the Appalachian Regional Commission (40 U.S.C. 14101 et
seq.) for any Rural Community Advancement Program purpose
as described in section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, That $4,000,000 of
the amount appropriated under this heading shall be for business
grants to benefit Federally Recognized Native American Tribes,
including $250,000 for a grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development: Provided further, That sections
Grants.
Grants.
Grants.
Grants.
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133 STAT. 2631 PUBLIC LAW 116–94—DEC. 20, 2019
381E–H and 381N of the Consolidated Farm and Rural Develop-
ment Act are not applicable to funds made available under this
heading.
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $5,219,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
of which $557,000 shall be available through June 30, 2020, for
Federally Recognized Native American Tribes; and of which
$1,072,000 shall be available through June 30, 2020, for Mississippi
Delta Region counties (as determined in accordance with Public
Law 100–460): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with
the appropriation for ‘‘Rural Development, Salaries and Expenses’’.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose
of promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural eco-
nomic development and job creation projects shall not exceed
$10,000,000.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $26,600,000, of which $2,800,000 shall be
for cooperative agreements for the appropriate technology transfer
for rural areas program: Provided, That not to exceed $3,000,000
shall be for grants for cooperative development centers, individual
cooperatives, or groups of cooperatives that serve socially disadvan-
taged groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $15,000,000, to
remain available until expended, shall be for value-added agricul-
tural product market development grants, as authorized by section
210A of the Agricultural Marketing Act of 1946, of which
$3,000,000, to remain available until expended, shall be for Agri-
culture Innovation Centers authorized pursuant to section 6402
of Public Law 107–171.
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133 STAT. 2632 PUBLIC LAW 116–94—DEC. 20, 2019
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 2008s): Provided,
That such costs of loans, including the cost of modifying such
loans, shall be defined in section 502 of the Congressional Budget
Act of 1974.
RURAL ENERGY FOR AMERICA PROGRAM
For the cost of a program of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$706,000: Provided, That the cost of loan guarantees, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974.
R
URAL
U
TILITIES
S
ERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees and grants for
rural water, waste water, waste disposal, and solid waste manage-
ment programs authorized by sections 306, 306A, 306C, 306D,
306E, and 310B and described in sections 306C(a)(2), 306D, 306E,
and 381E(d)(2) of the Consolidated Farm and Rural Development
Act, $659,480,000, to remain available until expended, of which
not to exceed $1,000,000 shall be available for the rural utilities
program described in section 306(a)(2)(B) of such Act, and of which
not to exceed $5,000,000 shall be available for the rural utilities
program described in section 306E of such Act: Provided, That
not to exceed $15,000,000 of the amount appropriated under this
heading shall be for grants authorized by section 306A(i)(2) of
the Consolidated Farm and Rural Development Act in addition
to funding authorized by section 306A(i)(1) of such Act: Provided
further, That $68,000,000 of the amount appropriated under this
heading shall be for loans and grants including water and waste
disposal systems grants authorized by section 306C(a)(2)(B) and
section 306D of the Consolidated Farm and Rural Development
Act, and Federally Recognized Native American Tribes authorized
by 306C(a)(1) of such Act: Provided further, That funding provided
for section 306D of the Consolidated Farm and Rural Development
Act may be provided to a consortium formed pursuant to section
325 of Public Law 105–83: Provided further, That not more than
2 percent of the funding provided for section 306D of the Consoli-
dated Farm and Rural Development Act may be used by the State
of Alaska for training and technical assistance programs and not
more than 2 percent of the funding provided for section 306D
of the Consolidated Farm and Rural Development Act may be
used by a consortium formed pursuant to section 325 of Public
Law 105–83 for training and technical assistance programs: Pro-
vided further, That not to exceed $30,000,000 of the amount appro-
priated under this heading shall be for technical assistance grants
for rural water and waste systems pursuant to section 306(a)(14)
of such Act, unless the Secretary makes a determination of extreme
Alaska.
Loans.
Grants.
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133 STAT. 2633 PUBLIC LAW 116–94—DEC. 20, 2019
need, of which $8,000,000 shall be made available for a grant
to a qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities
on water and waste water problems, the principal purpose of such
grant shall be to assist rural communities with populations of
3,300 or less, in improving the planning, financing, development,
operation, and management of water and waste water systems,
and of which not less than $800,000 shall be for a qualified national
Native American organization to provide technical assistance for
rural water systems for tribal communities: Provided further, That
not to exceed $19,570,000 of the amount appropriated under this
heading shall be for contracting with qualified national organiza-
tions for a circuit rider program to provide technical assistance
for rural water systems: Provided further, That not to exceed
$4,000,000 shall be for solid waste management grants: Provided
further, That $10,000,000 of the amount appropriated under this
heading shall be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants author-
ized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances for
high-energy cost grants authorized by section 19 of the Rural Elec-
trification Act of 1936 (7 U.S.C. 918a) shall be transferred to and
merged with the Rural Utilities Service, High Energy Cost Grants
Account: Provided further, That sections 381E–H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to the funds made available under this heading.
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The principal amount of direct and guaranteed loans as author-
ized by sections 305, 306, and 317 of the Rural Electrification
Act of 1936 (7 U.S.C. 935, 936, and 940g) shall be made as follows:
loans made pursuant to sections 305, 306, and 317, notwithstanding
317(c), of that Act, rural electric, $5,500,000,000; guaranteed under-
writing loans pursuant to section 313A of that Act, $750,000,000;
5 percent rural telecommunications loans, cost of money rural tele-
communications loans, and for loans made pursuant to section
306 of that Act, rural telecommunications loans, $690,000,000: Pro-
vided, That up to $2,000,000,000 shall be used for the construction,
acquisition, design and engineering or improvement of fossil-fueled
electric generating plants (whether new or existing) that utilize
carbon subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935), including the
cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, cost of money rural telecommunications
loans, $3,795,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
Contracts.
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133 STAT. 2634 PUBLIC LAW 116–94—DEC. 20, 2019
DISTANCE LEARNING
,
TELEMEDICINE
,
AND BROADBAND PROGRAM
For the principal amount of broadband telecommunication
loans, $11,179,000.
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq., $50,000,000,
to remain available until expended: Provided, That $3,000,000 shall
be made available for grants authorized by 379G of the Consolidated
Farm and Rural Development Act: Provided further, That funding
provided under this heading for grants under 379G of the Consoli-
dated Farm and Rural Development Act may only be provided
to entities that meet all of the eligibility criteria for a consortium
as established by this section.
For the cost of broadband loans, as authorized by section 601
of the Rural Electrification Act, $2,000,000, to remain available
until expended: Provided, That the cost of direct loans shall be
as defined in section 502 of the Congressional Budget Act of 1974.
In addition, $35,000,000, to remain available until expended,
for a grant program to finance broadband transmission in rural
areas eligible for Distance Learning and Telemedicine Program
benefits authorized by 7 U.S.C. 950aaa et seq.
TITLE IV
DOMESTIC FOOD PROGRAMS
O
FFICE OF THE
U
NDER
S
ECRETARY FOR
F
OOD
, N
UTRITION
,
AND
C
ONSUMER
S
ERVICES
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $800,000: Provided,
That funds made available by this Act to an agency in the Food,
Nutrition and Consumer Services mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
F
OOD AND
N
UTRITION
S
ERVICE
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except section
21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
except sections 17 and 21; $23,615,098,000 to remain available
through September 30, 2021, of which such sums as are made
available under section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246), as amended by this
Act, shall be merged with and available for the same time period
and purposes as provided herein: Provided, That of the total amount
available, $18,004,000 shall be available to carry out section 19
of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided
further, That of the total amount available, $14,999,000 shall be
available to carry out studies and evaluations and shall remain
available until expended: Provided further, That of the total amount
available, $30,000,000 shall be available to provide competitive
grants to State agencies for subgrants to local educational agencies
Grants.
Studies.
Evaluations.
Loans.
Grants.
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133 STAT. 2635 PUBLIC LAW 116–94—DEC. 20, 2019
and schools to purchase the equipment, with a value of greater
than $1,000, needed to serve healthier meals, improve food safety,
and to help support the establishment, maintenance, or expansion
of the school breakfast program: Provided further, That of the
total amount available, $35,000,000 shall remain available until
expended to carry out section 749(g) of the Agriculture Appropria-
tions Act of 2010 (Public Law 111–80): Provided further, That
section 26(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking
‘‘2010 through 2019’’ and inserting ‘‘2010 through 2021’’: Provided
further, That section 9(h)(3) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the first
sentence by striking ‘‘For fiscal year 2019’’ and inserting ‘‘For fiscal
year 2020’’: Provided further, That section 9(h)(4) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is
amended in the first sentence by striking ‘‘For fiscal year 2019’’
and inserting ‘‘For fiscal year 2020’’.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN
,
INFANTS
,
AND CHILDREN (WIC)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2021: Provided, That notwithstanding sec-
tion 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(10)), not less than $90,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$14,000,000 shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available for
the purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in sec-
tion 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies
unless authorized by section 17 of such Act: Provided further, That
upon termination of a federally mandated vendor moratorium and
subject to terms and conditions established by the Secretary, the
Secretary may waive the requirement at 7 CFR 246.12(g)(6) at
the request of a State agency.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $67,886,285,000, of which
$3,000,000,000, to remain available through September 30, 2022,
shall be placed in reserve for use only in such amounts and at
such times as may become necessary to carry out program oper-
ations: Provided, That funds provided herein shall be expended
in accordance with section 16 of the Food and Nutrition Act of
2008: Provided further, That of the funds made available under
this heading, $998,000 may be used to provide nutrition education
services to State agencies and Federally Recognized Tribes partici-
pating in the Food Distribution Program on Indian Reservations:
Provided further, That this appropriation shall be subject to any
work registration or workfare requirements as may be required
by law: Provided further, That funds made available for Employ-
ment and Training under this heading shall remain available
Workfare.
Waiver authority.
Breastfeeding.
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133 STAT. 2636 PUBLIC LAW 116–94—DEC. 20, 2019
through September 30, 2021: Provided further, That funds made
available under this heading for section 28(d)(1), section 4(b), and
section 27(a) of the Food and Nutrition Act of 2008 shall remain
available through September 30, 2021: Provided further, That none
of the funds made available under this heading may be obligated
or expended in contravention of section 213A of the Immigration
and Nationality Act (8 U.S.C. 1183A): Provided further, That funds
made available under this heading may be used to enter into
contracts and employ staff to conduct studies, evaluations, or to
conduct activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of 2008.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by sec-
tion 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983;
special assistance for the nuclear affected islands, as authorized
by section 103(f)(2) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutri-
tion Program, as authorized by section 17(m) of the Child Nutrition
Act of 1966, $344,248,000, to remain available through September
30, 2021: Provided, That none of these funds shall be available
to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding
any other provision of law, effective with funds made available
in fiscal year 2020 to support the Seniors Farmers’ Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2021: Provided further, That of the funds
made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent
for costs associated with the distribution of commodities.
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the Food and Nutri-
tion Service for carrying out any domestic nutrition assistance
program, $155,891,000: Provided, That of the funds provided herein,
$2,000,000 shall be used for the purposes of section 4404 of Public
Law 107–171, as amended by section 4401 of Public Law 110–
246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
O
FFICE OF THE
U
NDER
S
ECRETARY FOR
T
RADE AND
F
OREIGN
A
GRICULTURAL
A
FFAIRS
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $875,000: Provided,
That funds made available by this Act to any agency in the Trade
and Foreign Agricultural Affairs mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
Contracts.
Studies.
Evaluations.
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133 STAT. 2637 PUBLIC LAW 116–94—DEC. 20, 2019
OFFICE OF CODEX ALIMENTARIUS
For necessary expenses of the Office of Codex Alimentarius,
$4,775,000, including not to exceed $40,000 for official reception
and representation expenses.
F
OREIGN
A
GRICULTURAL
S
ERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $215,513,000, of which no more than
6 percent shall remain available until September 30, 2021, for
overseas operations to include the payment of locally employed
staff: Provided, That the Service may utilize advances of funds,
or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institu-
tions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for
middle-income country training programs, funds made available
for the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricul-
tural Service appropriation solely for the purpose of offsetting fluc-
tuations in international currency exchange rates, subject to docu-
mentation by the Foreign Agricultural Service, shall remain avail-
able until expended.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS
PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83–480) and the Food
for Progress Act of 1985, $142,000, shall be transferred to and
merged with the appropriation for ‘‘Farm Service Agency, Salaries
and Expenses’’.
FOOD FOR PEACE TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Food for Peace Act (Public Law 83–480), for
commodities supplied in connection with dispositions abroad under
title II of said Act, $1,725,000,000, to remain available until
expended.
MCGOVERN
-
DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM GRANTS
For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002
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133 STAT. 2638 PUBLIC LAW 116–94—DEC. 20, 2019
(7 U.S.C. 1736o–1), $220,000,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities for
the purpose of implementing such section, subject to reimbursement
from amounts provided herein: Provided further, That of the amount
made available under this heading, not more than 10 percent,
but not less than $20,000,000, shall remain available until expended
to purchase agricultural commodities as described in subsection
3107(a)(2) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1(a)(2)).
COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT
GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit
Corporation’s Export Guarantee Program, GSM 102 and GSM 103,
$6,381,000, to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of which
$6,063,000 shall be transferred to and merged with the appropria-
tion for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and
of which $318,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
D
EPARTMENT OF
H
EALTH AND
H
UMAN
S
ERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for pay-
ment of space rental and related costs pursuant to Public Law
92–313 for programs and activities of the Food and Drug Adminis-
tration which are included in this Act; for rental of special purpose
space in the District of Columbia or elsewhere; in addition to
amounts appropriated to the FDA Innovation Account, for carrying
out the activities described in section 1002(b)(4) of the 21st Century
Cures Act (Public Law 114–255); for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by
the Secretary and to be accounted for solely on the Secretary’s
certificate, not to exceed $25,000; and notwithstanding section 521
of Public Law 107–188; $5,772,442,000: Provided, That of the
amount provided under this heading, $1,074,714,000 shall be
derived from prescription drug user fees authorized by 21 U.S.C.
379h, and shall be credited to this account and remain available
until expended; $220,142,000 shall be derived from medical device
user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; $513,223,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j–42, and shall be credited to this account and
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133 STAT. 2639 PUBLIC LAW 116–94—DEC. 20, 2019
remain available until expended; $41,923,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C.
379j–52, and shall be credited to this account and remain available
until expended; $30,611,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j–12, and shall be credited
to this account and remain available until expended; $20,151,000
shall be derived from generic new animal drug user fees authorized
by 21 U.S.C. 379j–21, and shall be credited to this account and
remain available until expended; $712,000,000 shall be derived
from tobacco product user fees authorized by 21 U.S.C. 387s, and
shall be credited to this account and remain available until
expended: Provided further, That in addition to and notwithstanding
any other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human generic
drug user fees, biosimilar biological product user fees, animal drug
user fees, and generic new animal drug user fees that exceed
the respective fiscal year 2020 limitations are appropriated and
shall be credited to this account and remain available until
expended: Provided further, That fees derived from prescription
drug, medical device, human generic drug, biosimilar biological
product, animal drug, and generic new animal drug assessments
for fiscal year 2020, including any such fees collected prior to
fiscal year 2020 but credited for fiscal year 2020, shall be subject
to the fiscal year 2020 limitations: Provided further, That the Sec-
retary may accept payment during fiscal year 2020 of user fees
specified under this heading and authorized for fiscal year 2021,
prior to the due date for such fees, and that amounts of such
fees assessed for fiscal year 2021 for which the Secretary accepts
payment in fiscal year 2020 shall not be included in amounts
under this heading: Provided further, That none of these funds
shall be used to develop, establish, or operate any program of
user fees authorized by 31 U.S.C. 9701: Provided further, That
of the total amount appropriated: (1) $1,088,881,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no less than
$15,000,000 shall be used for inspections of foreign seafood manufac-
turers and field examinations of imported seafood; (2)
$1,972,093,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of Regulatory
Affairs; (3) $419,302,000 shall be for the Center for Biologics Evalua-
tion and Research and for related field activities in the Office
of Regulatory Affairs; (4) $237,741,000 shall be for the Center
for Veterinary Medicine and for related field activities in the Office
of Regulatory Affairs; (5) $581,761,000 shall be for the Center
for Devices and Radiological Health and for related field activities
in the Office of Regulatory Affairs; (6) $66,712,000 shall be for
the National Center for Toxicological Research; (7) $661,739,000
shall be for the Center for Tobacco Products and for related field
activities in the Office of Regulatory Affairs; (8) $186,399,000 shall
be for Rent and Related activities, of which $53,913,000 is for
White Oak Consolidation, other than the amounts paid to the
General Services Administration for rent; (9) $239,717,000 shall
be for payments to the General Services Administration for rent;
and (10) $318,097,000 shall be for other activities, including the
Office of the Commissioner of Food and Drugs, the Office of Foods
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133 STAT. 2640 PUBLIC LAW 116–94—DEC. 20, 2019
and Veterinary Medicine, the Office of Medical and Tobacco Prod-
ucts, the Office of Global and Regulatory Policy, the Office of Oper-
ations, the Office of the Chief Scientist, and central services for
these offices: Provided further, That not to exceed $25,000 of this
amount shall be for official reception and representation expenses,
not otherwise provided for, as determined by the Commissioner:
Provided further, That any transfer of funds pursuant to section
770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379dd(n)) shall only be from amounts made available under this
heading for other activities: Provided further, That of the amounts
that are made available under this heading for ‘‘other activities’’,
and that are not derived from user fees, $1,500,000 shall be trans-
ferred to and merged with the appropriation for ‘‘Department of
Health and Human Services—Office of Inspector General’’ for over-
sight of the programs and operations of the Food and Drug Adminis-
tration and shall be in addition to funds otherwise made available
for oversight of the Food and Drug Administration: Provided further,
That funds may be transferred from one specified activity to another
with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C. 381,
priority review user fees authorized by 21 U.S.C. 360n and 360ff,
food and feed recall fees, food reinspection fees, and voluntary
qualified importer program fees authorized by 21 U.S.C. 379j–
31, outsourcing facility fees authorized by 21 U.S.C. 379j–62,
prescription drug wholesale distributor licensing and inspection
fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider
licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), and
medical countermeasure priority review voucher user fees author-
ized by 21 U.S.C. 360bbb–4a, and, contingent upon the enactment
of the Over-the-Counter Monograph User Fee Act of 2019, fees
relating to over-the-counter monograph drugs authorized by part
10 of subchapter C of Chapter VII of the Federal Food, Drug
and Cosmetic Act shall be credited to this account, to remain
available until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension, alter-
ation, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not other-
wise provided, $11,788,000, to remain available until expended.
FDA INNOVATION ACCOUNT
,
CURES ACT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes under the heading ‘‘Salaries
and Expenses’’, $75,000,000, to remain available until expended:
Provided, That amounts appropriated in this paragraph are appro-
priated pursuant to section 1002(b)(3) of the 21st Century Cures
Act, are to be derived from amounts transferred under section
1002(b)(2)(A) of such Act, and may be transferred by the Commis-
sioner of Food and Drugs to the appropriation for ‘‘Department
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133 STAT. 2641 PUBLIC LAW 116–94—DEC. 20, 2019
of Health and Human Services Food and Drug Administration
Salaries and Expenses’’ solely for the purposes provided in such
Act: Provided further, That upon a determination by the Commis-
sioner that funds transferred pursuant to the previous proviso
are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCIES
C
OMMODITY
F
UTURES
T
RADING
C
OMMISSION
For necessary expenses to carry out the provisions of the Com-
modity Exchange Act (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles, and the rental of space (to
include multiple year leases), in the District of Columbia and else-
where, $284,000,000, including not to exceed $3,000 for official
reception and representation expenses, and not to exceed $25,000
for the expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory offi-
cials, of which not less than $20,000,000 shall remain available
until September 30, 2021, and of which not less than $3,200,000
shall be for expenses of the Office of the Inspector General: Pro-
vided, That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the liquida-
tion of obligations equal to current year payments on leases entered
into prior to the date of enactment of this Act: Provided further,
That for the purpose of recording and liquidating any lease obliga-
tions that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with
the preceding proviso, such amounts shall be transferred to and
recorded in a no-year account in the Treasury, which has been
established for the sole purpose of recording adjustments for and
liquidating such unpaid obligations.
In addition, for move, replication, and related costs associated
with replacement leases for the Commission’s facilities, not to
exceed $31,000,000, to remain available until expended.
F
ARM
C
REDIT
A
DMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $77,000,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural Mort-
gage Corporation) shall be obligated during the current fiscal year
for administrative expenses as authorized under 12 U.S.C. 2249:
Provided, That this limitation shall not apply to expenses associated
with receiverships: Provided further, That the agency may exceed
this limitation by up to 10 percent with notification to the Commit-
tees on Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit
Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administra-
tion may exempt, an amount in its sole discretion, from the applica-
tion of the limitation provided in that clause of export loans
described in the clause guaranteed or insured in a manner other
than described in subclause (II) of the clause.
Notification.
Determination.
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133 STAT. 2642 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
S
EC
. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to purchase
new passenger motor vehicles, in addition to specific appropriations
for this purpose, so long as the total number of vehicles purchased
in fiscal year 2020 does not exceed the number of vehicles owned
or leased in fiscal year 2018: Provided, That, prior to purchasing
additional motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce oper-
ational costs, and for the protection of life, property, and public
safety: Provided further, That the Secretary may not increase the
Department of Agriculture’s fleet above the 2018 level unless the
Secretary notifies in writing, and receives approval from, the
Committees on Appropriations of both Houses of Congress within
30 days of the notification.
S
EC
. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated balances
of discretionary funds appropriated by this Act or any other avail-
able unobligated discretionary balances that are remaining avail-
able of the Department of Agriculture to the Working Capital Fund
for the acquisition of plant and capital equipment necessary for
the delivery of financial, administrative, and information technology
services of primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency adminis-
trator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available
for obligation without written notification to and the prior approval
of the Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department’s Working Capital Fund
shall be available for obligation or expenditure to make any changes
to the Department’s National Finance Center without written
notification to and prior approval of the Committees on Appropria-
tions of both Houses of Congress as required by section 716 of
this Act: Provided further, That none of the funds appropriated
by this Act or made available to the Department’s Working Capital
Fund shall be available for obligation or expenditure to initiate,
plan, develop, implement, or make any changes to remove or
relocate any systems, missions, or functions of the offices of the
Chief Financial Officer or any personnel from the National Finance
Center prior to written notification to and prior approval of the
Committee on Appropriations of both Houses of Congress and in
accordance with the requirements of section 716 of this Act: Pro-
vided further, That the Secretary of Agriculture and the offices
of the Chief Financial Officer shall actively market to existing
and new Departments and other government agencies National
Finance Center shared services including, but not limited to, payroll,
financial management, and human capital shared services and allow
Notifications.
Notification.
Deadline.
Determination.
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133 STAT. 2643 PUBLIC LAW 116–94—DEC. 20, 2019
the National Finance Center to perform technology upgrades: Pro-
vided further, That of annual income amounts in the Working
Capital Fund of the Department of Agriculture attributable to the
amounts in excess of the true costs of the shared services provided
by the National Finance Center and budgeted for the National
Finance Center, the Secretary shall reserve not more than 4 percent
for the replacement or acquisition of capital equipment, including
equipment for the improvement, delivery, and implementation of
financial, administrative, and information technology services, and
other systems of the National Finance Center or to pay any unfore-
seen, extraordinary cost of the National Finance Center: Provided
further, That none of the amounts reserved shall be available for
obligation unless the Secretary submits written notification of the
obligation to the Committees on Appropriations of both Houses
of Congress: Provided further, That the limitations on the obligation
of funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the Secretary,
is necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance Center;
or to evacuate employees of the National Finance Center to a
safe haven to continue operations of the National Finance Center.
S
EC
. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
S
EC
. 704. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institu-
tions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
S
EC
. 705. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following
accounts: the Rural Development Loan Fund program account, the
Rural Electrification and Telecommunication Loans program
account, and the Rural Housing Insurance Fund program account.
S
EC
. 706. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be trans-
ferred to the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on Appro-
priations of both Houses of Congress: Provided further, That, not-
withstanding section 11319 of title 40, United States Code, none
of the funds available to the Department of Agriculture for informa-
tion technology shall be obligated for projects, contracts, or other
agreements over $25,000 prior to receipt of written approval by
the Chief Information Officer: Provided further, That the Chief
Notification.
Determination.
Contracts.
Determination.
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133 STAT. 2644 PUBLIC LAW 116–94—DEC. 20, 2019
Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon
the performance of an agency measured against the performance
plan requirements described in the explanatory statement accom-
panying Public Law 113–235.
S
EC
. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations
made in the current fiscal year.
S
EC
. 708. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured, direct
or guaranteed loan under the Rural Electrification Act of 1936,
or any not-for-profit utility that is eligible to receive an insured
or direct loan under such Act, shall be eligible for assistance under
section 313B(a) of such Act in the same manner as a borrower
under such Act.
S
EC
. 709. (a) Except as otherwise specifically provided by law,
not more than $20,000,000 in unobligated balances from appropria-
tions made available for salaries and expenses in this Act for
the Farm Service Agency shall remain available through September
30, 2021, for information technology expenses.
(b) Except as otherwise specifically provided by law, not more
than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Rural Develop-
ment mission area shall remain available through September 30,
2021, for information technology expenses.
S
EC
. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301–10.122 through 301–10.124 of title 41, Code of Federal Regula-
tions.
S
EC
. 711. In the case of each program established or amended
by the Agricultural Act of 2014 (Public Law 113–79) or by a suc-
cessor to that Act, other than by title I or subtitle A of title
III of such Act, or programs for which indefinite amounts were
provided in that Act, that is authorized or required to be carried
out using funds of the Commodity Credit Corporation—
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associ-
ated with the implementation of the program, without regard
to the limitation on the total amount of allotments and fund
transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes
of applying the limitation on the total amount of allotments
and fund transfers contained in such section.
S
EC
. 712. Of the funds made available by this Act, not more
than $2,900,000 shall be used to cover necessary expenses of activi-
ties related to all advisory committees, panels, commissions, and
task forces of the Department of Agriculture, except for panels
used to comply with negotiated rule makings and panels used
to evaluate competitively awarded grants.
S
EC
. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
Pornography.
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133 STAT. 2645 PUBLIC LAW 116–94—DEC. 20, 2019
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
S
EC
. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to
as ‘‘section 14222’’), none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries and expenses of personnel to carry out a program
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c;
in this section referred to as ‘‘section 32’’) in excess of $1,331,725,000
(exclusive of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities—
$485,000,000; State Option Contracts—$5,000,000; Removal of
Defective Commodities—$2,500,000; Administration of Section 32
Commodity Purchases—$35,853,000: Provided, That of the total
funds made available in the matter preceding this proviso that
remain unobligated on October 1, 2020, such unobligated balances
shall carryover into fiscal year 2021 and shall remain available
until expended for any of the purposes of section 32, except that
any such carryover funds used in accordance with clause (3) of
section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of
the expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided further,
That, with the exception of any available carryover funds authorized
in any prior appropriations Act to be used for the purposes of
clause (3) of section 32, none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries or expenses of any employee of the Department of
Agriculture to carry out clause (3) of section 32.
S
EC
. 715. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s budget submission to the Congress for programs under
the jurisdiction of the Appropriations Subcommittees on Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should
occur in the event the user fees proposals are not enacted prior
to the date of the convening of a committee of conference for
the fiscal year 2021 appropriations Act.
S
EC
. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in the cur-
rent fiscal year, or provided from any accounts in the Treasury
derived by the collection of fees available to the agencies funded
by this Act, shall be available for obligation or expenditure through
a reprogramming, transfer of funds, or reimbursements as author-
ized by the Economy Act, or in the case of the Department of
Agriculture, through use of the authority provided by section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that—
Notifications.
Time periods.
Notification.
Time period.
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133 STAT. 2646 PUBLIC LAW 116–94—DEC. 20, 2019
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and
Human Services (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses
of Congress at least 30 days in advance of the reprogramming
of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
authorities referred to in subsection (a) involving funds in excess
of $500,000 or 10 percent, whichever is less, that—
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and
Human Services (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses
of Congress at least 30 days in advance of the reprogramming
or transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture, the Chairman of the Com-
modity Futures Trading Commission, or the Secretary of Health
and Human Services shall notify in writing and receive approval
from the Committees on Appropriations of both Houses of Congress
before implementing any program or activity not carried out during
the previous fiscal year unless the program or activity is funded
by this Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for—
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant posi-
tions or agency activities or functions to establish a center,
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133 STAT. 2647 PUBLIC LAW 116–94—DEC. 20, 2019
office, branch, or similar entity with five or more personnel;
or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least
30 days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the Chairman
of the Commodity Futures Trading Commission, or the Secretary
of Health and Human Services receives from the Committee on
Appropriations of both Houses of Congress written or electronic
mail confirmation of receipt of the notification as required in this
section.
S
EC
. 717. Notwithstanding section 310B(g)(5) of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
Secretary may assess a one-time fee for any guaranteed business
and industry loan in an amount that does not exceed 3 percent
of the guaranteed principal portion of the loan.
S
EC
. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or other-
wise make available reports, questions, or responses to questions
that are a result of information requested for the appropriations
hearing process to any non-Department of Agriculture, non-Depart-
ment of Health and Human Services, non-Commodity Futures
Trading Commission, or non-Farm Credit Administration employee.
S
EC
. 719. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the pre-
packaged news story that the prepackaged news story was prepared
or funded by that executive branch agency.
S
EC
. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act or any other Act to any other agency or office of the Department
for more than 60 days in a fiscal year unless the individual’s
employing agency or office is fully reimbursed by the receiving
agency or office for the salary and expenses of the employee for
the period of assignment.
S
EC
. 721. For the purposes of determining eligibility or level
of program assistance for Rural Development programs the Sec-
retary shall not include incarcerated prison populations.
S
EC
. 722. Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture, the Commissioner of the
Food and Drug Administration, the Chairman of the Commodity
Futures Trading Commission, and the Chairman of the Farm Credit
Administration shall submit to the Committees on Appropriations
of both Houses of Congress a detailed spending plan by program,
project, and activity for all the funds made available under this
Act including appropriated user fees, as defined in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
S
EC
. 723. Of the unobligated balances from amounts made
available for the supplemental nutrition program as authorized
Deadline.
Spending plan.
Determination.
Prisons and
prisoners.
Time period.
Reimbursement.
News stories.
Notification.
Fees.
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133 STAT. 2648 PUBLIC LAW 116–94—DEC. 20, 2019
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$1,000,000,000 are hereby rescinded.
S
EC
. 724. The Secretary shall continue an intermediary loan
packaging program based on the pilot program in effect for fiscal
year 2013 for packaging and reviewing section 502 single family
direct loans. The Secretary shall continue agreements with current
intermediary organizations and with additional qualified inter-
mediary organizations. The Secretary shall work with these
organizations to increase effectiveness of the section 502 single
family direct loan program in rural communities and shall set
aside and make available from the national reserve section 502
loans an amount necessary to support the work of such inter-
mediaries and provide a priority for review of such loans.
S
EC
. 725. For loans and loan guarantees that do not require
budget authority and the program level has been established in
this Act, the Secretary of Agriculture may increase the program
level for such loans and loan guarantees by not more than 25
percent: Provided, That prior to the Secretary implementing such
an increase, the Secretary notifies, in writing, the Committees
on Appropriations of both Houses of Congress at least 15 days
in advance.
S
EC
. 726. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agri-
culture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public
Law 107–76) shall be available for obligation without written
notification to, and the prior approval of, the Committees on Appro-
priations of both Houses of Congress: Provided, That the refunds
or rebates so transferred shall be available for obligation only
for the acquisition of plant and capital equipment necessary for
the delivery of financial, administrative, and information technology
services, including cloud adoption and migration, of primary benefit
to the agencies of the Department of Agriculture.
S
EC
. 727. None of the funds made available by this Act may
be used to implement, administer, or enforce the ‘‘variety’’ require-
ments of the final rule entitled ‘‘Enhancing Retailer Standards
in the Supplemental Nutrition Assistance Program (SNAP)’’ pub-
lished by the Department of Agriculture in the Federal Register
on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary
of Agriculture amends the definition of the term ‘‘variety’’ as de
fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regula-
tions, and ‘‘variety’’ as applied in the definition of the term ‘‘staple
food’’ as defined in section 271.2 of title 7, Code of Federal Regula-
tions, to increase the number of items that qualify as acceptable
varieties in each staple food category so that the total number
of such items in each staple food category exceeds the number
of such items in each staple food category included in the final
rule as published on December 15, 2016: Provided, That until
the Secretary promulgates such regulatory amendments, the Sec-
retary shall apply the requirements regarding acceptable varieties
and breadth of stock to Supplemental Nutrition Assistance Program
retailers that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113–79).
S
EC
. 728. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed
Applicability.
Effective date.
Regulations.
Notification.
Approval.
Notification.
Time period.
Loans.
Loans.
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133 STAT. 2649 PUBLIC LAW 116–94—DEC. 20, 2019
under such section and eligible lenders for such loans as the Sec-
retary has under subsections (h) and (j) of section 538 of such
Act (42 U.S.C. 1490p–2) with respect to loans guaranteed under
such section 538 and eligible lenders for such loans.
S
EC
. 729. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or take
any other action with respect to, allowing or requiring information
intended for a prescribing health care professional, in the case
of a drug or biological product subject to section 503(b)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to
be distributed to such professional electronically (in lieu of in paper
form) unless and until a Federal law is enacted to allow or require
such distribution.
S
EC
. 730. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect November
16, 2015, in regards to the hazard analysis and risk-based preven-
tive control requirements of the current good manufacturing prac-
tice, hazard analysis, and risk-based preventive controls for food
for animals rule with respect to the regulation of the production,
distribution, sale, or receipt of dried spent grain byproducts of
the alcoholic beverage production process.
S
EC
. 731. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls,
as determined by the Administrator, are in place to ensure that
emergency food aid is received by the intended beneficiaries in
areas affected by food shortages and not diverted for unauthorized
or inappropriate purposes.
S
EC
. 732. There is hereby appropriated $12,000,000, to remain
available until expended, to carry out section 6407 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Pro-
vided, That the Secretary may allow eligible entities, or comparable
entities that provide energy efficiency services using their own
billing mechanism to offer loans to customers in any part of their
service territory and to offer loans to replace a manufactured
housing unit with another manufactured housing unit, if replace-
ment would be more cost effective in saving energy.
S
EC
. 733. (a) The Secretary of Agriculture shall—
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable—
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources
of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
S
EC
. 734. No food that bears or contains partially hydrogenated
oils (as defined in the order published by the Food and Drug
Administration in the Federal Register on June 17, 2015 (80 Fed.
Reg. 34650 et seq.)) shall be considered to be adulterated within
Applicability.
Public
information.
Reports.
Audits.
Determination.
Health and
health care.
Electronic
records.
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133 STAT. 2650 PUBLIC LAW 116–94—DEC. 20, 2019
the meaning of subsection (a)(1) or (a)(2)(C)(i) of section 402 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)) because
such food contains such partially hydrogenated oils until the
applicable compliance dates specified by FDA in the Federal Reg-
ister on May 21, 2018 (83 Fed. Reg. 23358 et seq.).
S
EC
. 735. None of the funds made available by this Act may
be used to carry out any activities or incur any expense related
to the issuance of licenses under section 3 of the Animal Welfare
Act (7 U.S.C. 2133), or the renewal of such licenses, to class B
dealers who sell dogs and cats for use in research, experiments,
teaching, or testing.
S
EC
. 736. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926 et seq.) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water or wastewater system unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ‘‘iron and steel products’’ means
the following products made primarily of iron or steel: lined or
unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints,
valves, structural steel, reinforced precast concrete, and construc-
tion materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this section
referred to as the ‘‘Secretary’’) or the designee of the Secretary
finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee shall
make available to the public on an informal basis a copy of the
request and information available to the Secretary or the designee
concerning the request, and shall allow for informal public input
on the request for at least 15 days prior to making a finding
based on the request. The Secretary or the designee shall make
the request and accompanying information available by electronic
means, including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ‘‘Rural Utilities Service—Rural Water
and Waste Disposal Program Account’’ for carrying out the provi-
sions described in subsection (a)(1) for management and oversight
of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project
for which the engineering plans and specifications include use of
iron and steel products otherwise prohibited by such subsection
Applicability.
Web posting.
Public
information.
Records.
Time period.
Definition.
Iron and steel
products.
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133 STAT. 2651 PUBLIC LAW 116–94—DEC. 20, 2019
if the plans and specifications have received required approvals
from State agencies prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ‘‘United States’’
and ‘‘State’’ shall include each of the several States, the District
of Columbia, and each federally recognized Indian tribe.
S
EC
. 737. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
S
EC
. 738. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People’s Republic of China for
use in the school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42
U.S.C. 1766), the Summer Food Service Program for Children under
section 13 of such Act (42 U.S.C. 1761), or the school breakfast
program under the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
S
EC
. 739. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel—
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
1901 note; Public Law 104–127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
S
EC
. 740. Of the total amounts made available by this Act
for direct loans and grants in section 732 and in the following
headings: ‘‘Rural Housing Service—Rural Housing Insurance Fund
Program Account’’; ‘‘Rural Housing Service—Mutual and Self-Help
Housing Grants’’; ‘‘Rural Housing Service—Rural Housing Assist-
ance Grants’’; ‘‘Rural Housing Service—Rural Community Facilities
Program Account’’; ‘‘Rural Business-Cooperative Service—Rural
Business Program Account’’; ‘‘Rural Business-Cooperative Service—
Rural Economic Development Loans Program Account’’; ‘‘Rural
Business-Cooperative Service—Rural Cooperative Development
Grants’’; ‘‘Rural Utilities Service—Rural Water and Waste Disposal
Program Account’’; ‘‘Rural Utilities Service—Rural Electrification
and Telecommunications Loans Program Account’’; and ‘‘Rural Utili-
ties Service—Distance Learning, Telemedicine, and Broadband Pro-
gram’’, to the maximum extent feasible, at least 10 percent of
the funds shall be allocated for assistance in persistent poverty
counties under this section, including, notwithstanding any other
provision regarding population limits, any county seat of such a
persistent poverty county that has a population that does not exceed
the authorized population limit by more than 10 percent: Provided,
That for purposes of this section, the term ‘‘persistent poverty
counties’’ means any county that has had 20 percent or more
of its population living in poverty over the past 30 years, as meas-
ured by the 1990 and 2000 decennial censuses, and 2007–2011
American Community Survey 5-year average, or any territory or
possession of the United States: Provided further, That with respect
to specific activities for which program levels have been made
available by this Act that are not supported by budget authority,
Applicability.
Definition.
Poultry products.
China.
Lobbying.
Definitions.
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133 STAT. 2652 PUBLIC LAW 116–94—DEC. 20, 2019
the requirements of this section shall be applied to such program
level.
S
EC
. 741. (a) No funds shall be used to finalize the proposed
rule entitled ‘‘Eligibility of the People’s Republic of China (PRC)
to Export to the United States Poultry Products from Birds Slaugh-
tered in the PRC’’ published in the Federal Register by the Depart-
ment of Agriculture on June 16, 2017 (82 Fed. Reg. 27625), unless
the Secretary of Agriculture shall—
(1) ensure that the poultry slaughter inspection system
for the PRC is equivalent to that of the United States;
(2) ensure that, before any poultry products can enter
the United States from any such poultry plant, such poultry
products comply with all other applicable requirements for
poultry products in interstate commerce in the United States;
(3) conduct periodic verification reviews and audits of any
such plants in the PRC intending to export into the United
States processed poultry products;
(4) conduct re-inspection of such poultry products at United
States ports-of-entry to check the general condition of such
products, for the proper certification and labeling of such prod-
ucts, and for any damage to such products that may have
occurred during transportation; and
(5) ensure that shipments of any such poultry products
selected to enter the United States are subject to additional
re-inspection procedures at appropriate levels to verify that
the products comply with relevant Federal regulations or stand-
ards, including examinations for product defects and laboratory
analyses to detect harmful chemical residues or pathogen
testing appropriate for the products involved.
(b) This section shall be applied in a manner consistent with
obligations of the United States under any trade agreement to
which the United States is a party.
S
EC
. 742. In addition to any other funds made available in
this Act or any other Act, there is appropriated $9,000,000 to
carry out section 18(g)(8) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)), to remain available until expended.
S
EC
. 743. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of
2014, for necessary expenses of the Secretary to support projects
that provide access to healthy food in underserved areas, to create
and preserve quality jobs, and to revitalize low-income communities.
S
EC
. 744. For an additional amount for ‘‘Animal and Plant
Health Inspection Service—Salaries and Expenses’’, $8,500,000, to
remain available until September 30, 2021, for one-time control
and management and associated activities directly related to the
multiple-agency response to citrus greening.
S
EC
. 745. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the
Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
a human embryo is intentionally created or modified to include
a heritable genetic modification. Any such submission shall be
deemed to have not been received by the Secretary, and the exemp-
tion may not go into effect.
Human embryos.
Applicability.
Inspections.
Reviews.
Audits.
China.
Poultry products.
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133 STAT. 2653 PUBLIC LAW 116–94—DEC. 20, 2019
S
EC
. 746. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated by
the Food and Drug Administration entitled ‘‘Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,’’ and published on November 27, 2015, with respect
to the regulation of entities that grow, harvest, pack, or hold wine
grapes, hops, pulse crops, or almonds.
S
EC
. 747. For school year 2020–2021, only a school food
authority that had a negative balance in the nonprofit school food
service account as of December 31, 2019, shall be required to
establish a price for paid lunches in accordance with Section 12(p)
of the Richard B. Russell National School Lunch Act, 42 U.S.C.
1760(p).
S
EC
. 748. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
S
EC
. 749. For school years 2019–2020 and 2020–2021, none
of the funds made available by this Act may be used to implement
or enforce the matter following the first comma in the second
sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal
Regulations, with respect to the substitution of vegetables for fruits
under the school breakfast program established under section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
S
EC
. 750. None of the funds made available by this Act or
any other Act may be used—
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or use
of hemp, or seeds of such plant, that is grown or cultivated
in accordance with subsection section 7606 of the Agricultural
Act of 2014 or Subtitle G of the Agricultural Marketing Act
of 1946, within or outside the State in which the hemp is
grown or cultivated.
S
EC
. 751. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
shall, not later than July 1, 2020, and following the review required
under Executive Order No. 12866 (5 U.S.C. 601 note; relating
to regulatory planning and review), issue advice revising the advice
provided in the notice of availability entitled ‘‘Advice About Eating
Fish, From the Environmental Protection Agency and Food and
Drug Administration; Revised Fish Advice; Availability’’ (82 Fed.
Reg. 6571 (January 19, 2017)), in a manner that is consistent
with nutrition science recognized by the Food and Drug Administra-
tion on the net effects of seafood consumption.
S
EC
. 752. In addition to any funds made available in this
Act or any other Act, there is hereby appropriated $6,000,000,
to remain available until September 30, 2021, for grants from
the National Institute of Food and Agriculture to the 1890 Institu-
tions to support the Centers of Excellence.
S
EC
. 753. There is hereby appropriated $1,000,000 for the Sec-
retary of Agriculture to carry out a pilot program that assists
rural hospitals to improve long-term operations and financial health
Deadline.
Fish and fishing.
Hemp and hemp
seeds.
School breakfast.
Requirement.
School lunches.
Regulations.
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133 STAT. 2654 PUBLIC LAW 116–94—DEC. 20, 2019
by providing technical assistance through analysis of current hos-
pital management practices.
S
EC
. 754. There is hereby appropriated $2,000,000, to remain
available until expended, for grants under section 12502 of Public
Law 115–334.
S
EC
. 755. There is hereby appropriated $2,000,000 to carry
out section 1621 of Public Law 110–246.
S
EC
. 756. Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Agriculture shall issue a final
rule based on the proposed rule entitled ‘‘National Organic Program;
Origin of Livestock,’’ published in the Federal Register on April
28, 2015 (80 Fed. Reg. 23455): Provided, That the final rule shall
incorporate public comments submitted in response to the proposed
rule.
S
EC
. 757. There is hereby appropriated $3,000,000, to remain
available until September 30, 2021, to carry out section 4003(b)
of Public Law 115–334 relating to demonstration projects for Tribal
Organizations.
S
EC
. 758. There is hereby appropriated $1,000,000 for the Sec-
retary to carry out a pilot program that provides forestry inventory
analysis, forest management and economic outcomes modelling for
certain currently enrolled Conservation Reserve Program partici-
pants. The Secretary shall allow the Commodity Credit Corporation
to enter into agreements with and provide grants to qualified non-
profit organizations dedicated to conservation, forestry and wildlife
habitats, that also have experience in conducting accurate forest
inventory analysis through the use of advanced, cost-effective tech-
nology. The Secretary shall focus the analysis on lands enrolled
for at least eight years and located in areas with a substantial
concentration of acres enrolled under conservation practices devoted
to multiple bottomland hardwood tree species including CP03,
CP03A, CP11, CP22, CP31 and CP40.
S
EC
. 759. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available until
expended, to implement non-renewable agreements on eligible
lands, including flooded agricultural lands, as determined by the
Secretary, under the Water Bank Act (16 U.S.C. 1301–1311).
S
EC
. 760. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2020, an amount
of funds made available in title III under the headings of Rural
Housing Insurance Fund Program Account, Mutual and Self-Help
Housing Grants, Rural Housing Assistance Grants, Rural Commu-
nity Facilities Program Account, Rural Business Program Account,
Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal Program Account, equal to the amount obli-
gated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obli-
gated under such headings for REAP Zones.
S
EC
. 761. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115–334.
S
EC
. 762. The Secretary of Agriculture may waive the matching
funds requirement under Section 412(g) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7632(g)).
S
EC
. 763. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, to carry out section 23 of
Waiver authority.
Analysis.
Time period.
Contracts.
Grants.
Non profit
organizations.
Public
information.
Deadline.
Regulations.
7 USC 6509 note.
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133 STAT. 2655 PUBLIC LAW 116–94—DEC. 20, 2019
the Child Nutrition Act of 1966 (42 U.S.C. 1793), of which
$1,000,000 shall be for grants under such section to the Common-
wealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, Guam, and American
Samoa.
S
EC
. 764. There is hereby appropriated $1,000,000, to remain
available until expended, for a pilot program for the Secretary
to provide grants to qualified non-profit organizations and public
housing authorities to provide technical assistance, including finan-
cial and legal services, to RHS multi-family housing borrowers
to facilitate the acquisition of RHS multi-family housing properties
in areas where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public housing
authorities as authorized by law that commit to keep such prop-
erties in the RHS multi-family housing program for a period of
time as determined by the Secretary.
S
EC
. 765. Section 2 of the Rural Electrification Act of 1936
(7 U.S.C. 902) is amended in subsection (a) by striking ‘‘made
by the Secretary’’ and inserting ‘‘made or guaranteed by the Sec-
retary’’.
S
EC
. 766. The National Bio and Agro-Defense Facility shall
be transferred without reimbursement from the Secretary of Home-
land Security to the Secretary of Agriculture.
S
EC
. 767. Any funds made available by this or any other Act
that the Secretary withholds pursuant to section 1668(g)(2) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5921(g)(2)), as amended, shall be available for grants for bio-
technology risk assessment research: Provided, That the Secretary
may transfer such funds to appropriations of the Department of
Agriculture.
S
EC
. 768. There is hereby appropriated $5,000,000 to carry
out section 222 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6923) as amended by section
12302 of Public Law 115–334.
S
EC
. 769. There is hereby appropriated $400,000 to carry out
section 224 of Subtitle A of the Department of Agriculture Reorga-
nization Act of 1994 (7 U.S.C. 6924) as amended by section 12504
of Public Law 115–334.
S
EC
. 770. There is hereby appropriated $1,000,000, to remain
available until September 30, 2021, to carry out section 4208 of
Public Law 115–334.
S
EC
. 771. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section
7209 of Public Law 115–334.
S
EC
. 772. There is hereby appropriated $5,000,000 to carry
out section 12301 of Public Law 115–334.
S
EC
. 773. There is hereby appropriated $5,000,000 to carry
out section 1450 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended
by section 7120 of Public Law 115–334.
S
EC
. 774. There is hereby appropriated $1,000,000 to carry
out section 1671 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5924) as amended by section 7208 of Public
Law 115–334.
S
EC
. 775. In response to an eligible community where the
drinking water supplies are inadequate due to a natural disaster,
Water.
Determination.
Time period.
Grants.
Research and
development.
Administrative
transfer.
6 USC 190 note.
Determinations.
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133 STAT. 2656 PUBLIC LAW 116–94—DEC. 20, 2019
as determined by the Secretary, including drought or severe
weather, the Secretary may provide potable water through the
Emergency Community Water Assistance Grant Program for an
additional period of time not to exceed 120 days beyond the estab-
lished period provided under the Program in order to protect public
health.
S
EC
. 776. There is hereby appropriated $6,000,000 for the pur-
poses described in the paragraph entitled ‘‘Nutrition Assistance
Program (NAP) Study’’ under the Supplemental Nutrition Assist-
ance Program included in House Report 116–107, of which
$4,000,000 shall be for the Secretary to update the Feasibility
Report, and of which $2,000,000 shall be for Puerto Rico for tech-
nology requirements: Provided, That the reports detailed in House
Report 116-107 shall be due not later than December 31, 2020.
S
EC
. 777. There is hereby appropriated $5,000,000 to remain
available until September 30, 2021, to carry out section 4206 of
Public Law 115–334.
S
EC
. 778. There is hereby appropriated $20,000,000, to remain
available until expended, to carry out section 12513 of Public Law
115–334: Provided, That the Secretary shall take measures to
ensure an equal distribution of funds between the three regional
innovation initiatives.
S
EC
. 779. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, to carry out section 2103 of
Public Law 115–334.
S
EC
. 780. There is hereby appropriated $20,000,000, for an
additional amount for ‘‘Department of Health and Human Serv-
ices—Food and Drug Administration—Buildings and Facilities’’ to
remain available until expended and in addition to amounts other-
wise made available for such purposes, for necessary expenses
of plans, construction, repair, improvement, extension, alteration,
demolition and purchase of fixed equipment or facilities of or used
by FDA for seafood safety.
S
EC
. 781. There is hereby appropriated $5,000,000 to remain
available until September 30, 2021, to carry out section 6424 of
Public Law 115–334.
S
EC
. 782. Of the unobligated balances from amounts made
available to carry out section 749 of Division A of Public Law
115–31 and section 739 of Division A of Public Law 115–141,
$15,073,000 are rescinded.
S
EC
. 783. In addition to amounts otherwise made available
by this or any other Act, there is hereby appropriated $5,000,000,
to remain available until expended, to the Secretary for a pilot
program to provide grants to a regional consortium to fund technical
assistance and construction of regional wastewater systems for
historically impoverished communities that have had difficulty in
installing traditional wastewater treatment systems due to soil
conditions.
S
EC
. 784. Section 9(i)(2) of the Food and Nutrition Act of
2008 (7 U.S.C. 2018(i)(2)) is amended by striking ‘‘for a period’’
and all that follows through ‘‘2018’’ and inserting ‘‘prior to December
31, 2020’’.
S
EC
. 785. Not later than 60 days after enactment of this Act,
the Commissioner of the Food and Drug Administration shall issue
a request for information to determine the next steps that will
address the recent pulmonary illnesses reported to be associated
with the use of e-cigarettes and vaping products. As part of such
Public
information.
Deadline.
Determination.
Vaping products.
Reports.
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133 STAT. 2657 PUBLIC LAW 116–94—DEC. 20, 2019
request for information, the Commissioner shall request public com-
ment on product design and how to prevent consumers from modi-
fying or adding any substances to these products that are not
intended by the manufacturer: Provided, That the Food and Drug
Administration shall provide an update to the Committee on Appro-
priations on a quarterly basis.
S
EC
. 786. (a) In the matter preceding the first proviso under
the heading ‘‘Supplemental Nutrition Assistance Program’’ in the
Consolidated Appropriations Act, 2018 (Public Law 115–141), strike
‘‘December 31, 2019’’ and insert ‘‘September 30, 2020’’.
(b) In the matter preceding the first proviso under the heading
‘‘Supplemental Nutrition Assistance Program’’ in the Consolidated
Appropriations Act, 2019 (Public Law 116–6), strike ‘‘December
31, 2020’’ and insert ‘‘September 30, 2021’’.
S
EC
. 787. (a) There is hereby appropriated $300,000,000, to
remain available until expended, for an additional amount for sec-
tion 779 of Public Law 115–141.
(b) Section 313(b) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 940c(b)), shall be applied for fiscal year
2020 and each fiscal year thereafter until the specified funding
has been expended as if the following were inserted after the
final period in subsection (b)(2): ‘‘In addition, the Secretary shall
use $425,000,000 of funds available in this subaccount in fiscal
year 2019 for an additional amount for the same purpose and
under the same terms and conditions as funds appropriated by
section 779 of Public Law 115–141 and shall use $255,000,000
of funds available in this subaccount in fiscal year 2020 for an
additional amount for the same purpose and under the same terms
and conditions as funds appropriated by section 779 of Public Law
115–141: Provided, That any use of such funds shall be treated
as a reprogramming of funds under section 716 of this Act.’’.
(c) Section 762(b) of division B of Public Law 116–6 shall
no longer apply.
S
EC
. 788. The Animal and Plant Health Inspection Service
shall, notwithstanding any other provision of law:
(a) within 60 calendar days, restore on its website the search-
able database and its contents that were available on January
30, 2017, and all content generated since that date; and
(b) hereafter, make publicly available via searchable database,
in their entirety without redactions except signatures, the following
records after enactment of this Act for a subsequent period of
three years:
(1) all final Animal Welfare Act inspection reports,
including all reports documenting all Animal Welfare Act non-
compliances observed by USDA officials and all animal inven-
tories;
(2) all final Animal Welfare Act and Horse Protection Act
enforcement records;
(3) all reports or other materials documenting any non-
compliances observed by USDA officials; and
(4) within six months of receipt by the agency, all final
Animal Welfare Act research facility annual reports, including
their attachments with appropriate redactions made for con-
fidential business information that USDA could withhold under
FOIA Exemption 4.
S
EC
. 789. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move
Public
information.
Time period.
Records.
Reports.
Deadline.
Website.
7 USC 2146a.
Applicability.
133 Stat. 68.
132 Stat. 374.
Updates.
Time period.
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133 STAT. 2658 PUBLIC LAW 116–94—DEC. 20, 2019
any agency from the mission area in which it was located on
August 1, 2018, to any other mission area or office within the
Department in the absence of the enactment of specific legislation
affirming such move.
S
EC
. 790. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior
to the effective date of the National Bioengineered Food Disclosure
Standard (February 19, 2019) shall include the words ‘‘genetically
engineered’’ prior to the existing acceptable market name.
S
EC
. 791. (a) The remaining unobligated balances of funds
made available under the heading ‘‘Department of Agriculture—
Agricultural Programs—Processing, Research and Marketing—
Office of the Secretary’’ in the Bipartisan Budget Act of 2018 (Public
Law 115–123) are hereby rescinded: Provided, That the amounts
rescinded pursuant to this subsection that were previously des-
ignated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to that section of that Act.
(b) In addition to amounts otherwise made available by this
Act for ‘‘Department of Agriculture—Agricultural Programs—Proc-
essing, Research and Marketing—Office of the Secretary’’, there
is appropriated for an additional amount for fiscal year 2020, to
remain available until December 30, 2021, an amount equal to
the unobligated balances rescinded pursuant to subsection (a), for
the same purposes and under the same authorities and conditions
as the funds made available under the heading ‘‘Department of
Agriculture—Agricultural Programs—Processing, Research and
Marketing—Office of the Secretary’’ in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 (Public Law 116–
20), as amended by this section: Provided, That, in addition to
the purposes specified in the matter preceding the first proviso
under the heading ‘‘Department of Agriculture—Agricultural Pro-
grams—Processing, Research and Marketing—Office of the Sec-
retary’’ in the Additional Supplemental Appropriations for Disaster
Relief Act of 2019 (Public Law 116–20), as amended by this section,
such amounts shall also be available for quality losses of crops,
drought, and excessive moisture: Provided further, That losses due
to drought shall only be eligible under this subsection if any area
within the county in which the loss occurs was rated by the U.S.
Drought Monitor as having a D3 (Extreme Drought) or higher
level of drought intensity during the applicable calendar years:
Provided further, That the Secretary may use the amounts provided
under this subsection, under the same authorities and conditions
as the funds made available under the heading ‘‘Department of
Agriculture—Agricultural Programs—Processing, Research and
Marketing—Office of the Secretary’’ in the Bipartisan Budget Act
of 2018 (Public Law 115–123), to continue to pay for losses due
to Tropical Storm Cindy, and peaches and blueberries due to freeze
in 2017 and blueberry productivity losses in 2018: Provided further,
That the Secretary shall use the amounts provided under this
subsection, under the same authorities and conditions as the funds
made available under the heading ‘‘Department of Agriculture—
Agricultural Programs—Processing, Research and Marketing—
Office of the Secretary’’ in the Bipartisan Budget Act of 2018 (Public
Law 115–123), to make payments for vine losses that were eligible
for, but did not receive, payments under that heading in that
Genetic
engineering.
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133 STAT. 2659 PUBLIC LAW 116–94—DEC. 20, 2019
Act: Provided further, That such amount is designated by the Con-
gress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
(c) Title I of the Additional Supplemental Appropriations for
Disaster Relief Act, 2019 (Public Law 116–20), as amended by
section 116 of the Continuing Appropriations Act, 2020 (Public
Law 116–59), is further amended in the first proviso under the
heading ‘‘Department of Agriculture—Agricultural Programs—Proc-
essing, Research and Marketing—Office of the Secretary’’ by
striking ‘‘may provide’’ and inserting ‘‘, in addition to the amount
announced on November 8, 2019, shall provide not less than
$400,000,000 in’’ , and by adding the following before the final
proviso under that heading: ‘‘Provided further, That the Secretary
shall pay all sugar beet losses in 2018 and 2019 through cooperative
processors (to be paid to producer members as determined by such
processors) using the additional coverage level described in section
508(e)(2)(E) of the Federal Crop Insurance Act of 1938 (7 U.S.C.
1508(e)(2)(E)) for purposes of determining the Wildfire Hurricane
Indemnity Program Plus factor (as defined in section 760.1502
of title 7, Code of Federal Regulations (or successor regulations):’’:
Provided, That amounts repurposed pursuant to this subsection
that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Def-
icit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(d) No later than December 31, 2020, the remaining unobligated
balances of funds made available under the heading ‘‘Department
of Agriculture—Agricultural Programs—Processing, Research and
Marketing—Office of the Secretary’’ in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 (Public Law 116–
20) are hereby permanently rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded is hereby
appropriated, to remain available until December 30, 2021, in addi-
tion to other funds as may be available for such purposes, for
the same purposes and under the same authorities and conditions
as the funds made available in subsection (b): Provided, That the
amounts rescinded pursuant to this subsection that were previously
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to that section of that Act:
Provided further, That the amount of additional new budget
authority made available pursuant to this subsection is designated
by the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
S
EC
. 792. For an additional amount for ‘‘Department of Health
and Human Services—Office of the Secretary—Public Health and
Social Services Emergency Fund’’ for purchase of vaccines, thera-
peutics, and diagnostics for the prevention and treatment of Ebola,
$535,000,000, to remain available until September 30, 2024: Pro-
vided, That products purchased with funds provided under this
section may, at the discretion of the Secretary of Health and Human
Services, be deposited in the Strategic National Stockpile under
section 319F–2 of the PHS Act: Provided further, That sections
Deadline.
133 Stat. 872.
133 Stat. 871.
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133 STAT. 2660 PUBLIC LAW 116–94—DEC. 20, 2019
319C–1(h)(3) and 319C–2(h) of the PHS Act shall not apply to
funds provided under this section: Provided further, That funds
provided under this section may be used for the purposes specified
in this section or authorized under section 319F–4 of the PHS
Act: Provided further, That such amount is designated by the Con-
gress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
This division may be cited as the ‘‘Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agencies Appro-
priations Act, 2020’’.
DIVISION C—ENERGY AND WATER DEVELOPMENT AND
RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
C
ORPS OF
E
NGINEERS
—C
IVIL
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration, and
related efforts.
INVESTIGATIONS
For expenses necessary where authorized by law for the collec-
tion and study of basic information pertaining to river and harbor,
flood and storm damage reduction, shore protection, aquatic eco-
system restoration, and related needs; for surveys and detailed
studies, and plans and specifications of proposed river and harbor,
flood and storm damage reduction, shore protection, and aquatic
ecosystem restoration projects, and related efforts prior to construc-
tion; for restudy of authorized projects; and for miscellaneous inves-
tigations, and, when authorized by law, surveys and detailed
studies, and plans and specifications of projects prior to construc-
tion, $151,000,000, to remain available until expended: Provided,
That the Secretary shall initiate six new study starts during fiscal
year 2020: Provided further, That the Secretary shall not deviate
from the new starts proposed in the work plan, once the plan
has been submitted to the Committees on Appropriations of both
Houses of Congress.
CONSTRUCTION
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic eco-
system restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
Work plan.
Studies.
Energy and
Water
Development and
Related Agencies
Appropriations
Act, 2020.
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133 STAT. 2661 PUBLIC LAW 116–94—DEC. 20, 2019
selection by law (but such detailed studies, and plans and specifica-
tions, shall not constitute a commitment of the Government to
construction); $2,681,000,000, to remain available until expended;
of which such sums as are necessary to cover the Federal share
of construction costs for facilities under the Dredged Material Dis-
posal Facilities program shall be derived from the Harbor Mainte-
nance Trust Fund as authorized by Public Law 104–303; and of
which such sums as are necessary to cover one-half of the costs
of construction, replacement, rehabilitation, and expansion of inland
waterways projects, except for Chickamauga Lock, Tennessee River,
Tennessee, which shall be 35 percent during the fiscal year covered
by this Act, shall be derived from the Inland Waterways Trust
Fund, except as otherwise specifically provided for in law: Provided,
That the Secretary shall initiate six new construction starts during
fiscal year 2020: Provided further, That for new construction
projects, project cost sharing agreements shall be executed as soon
as practicable but no later than December 31, 2020: Provided fur-
ther, That no allocation for a new start shall be considered final
and no work allowance shall be made until the Secretary provides
to the Committees on Appropriations of both Houses of Congress
an out-year funding scenario demonstrating the affordability of
the selected new starts and the impacts on other projects: Provided
further, That the Secretary may not deviate from the new starts
proposed in the work plan, once the plan has been submitted
to the Committees on Appropriations of both Houses of Congress.
MISSISSIPPI RIVER AND TRIBUTARIES
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley below
Cape Girardeau, Missouri, as authorized by law, $375,000,000, to
remain available until expended, of which such sums as are nec-
essary to cover the Federal share of eligible operation and mainte-
nance costs for inland harbors shall be derived from the Harbor
Maintenance Trust Fund.
OPERATION AND MAINTENANCE
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,
aquatic ecosystem restoration, and related projects authorized by
law; providing security for infrastructure owned or operated by
the Corps, including administrative buildings and laboratories;
maintaining harbor channels provided by a State, municipality,
or other public agency that serve essential navigation needs of
general commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removing obstructions to naviga-
tion, $3,790,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels,
and for inland harbors shall be derived from the Harbor Mainte-
nance Trust Fund; of which such sums as become available from
the special account for the Corps of Engineers established by the
Land and Water Conservation Fund Act of 1965 shall be derived
from that account for resource protection, research, interpretation,
and maintenance activities related to resource protection in the
areas at which outdoor recreation is available; and of which such
Work plan.
Funding
scenario.
Contracts.
Deadline.
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133 STAT. 2662 PUBLIC LAW 116–94—DEC. 20, 2019
sums as become available from fees collected under section 217
of Public Law 104–303 shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for
which such fees have been collected: Provided, That 1 percent
of the total amount of funds provided for each of the programs,
projects, or activities funded under this heading shall not be allo-
cated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use
by the Chief of Engineers to fund such emergency activities as
the Chief of Engineers determines to be necessary and appropriate,
and that the Chief of Engineers shall allocate during the fourth
quarter any remaining funds which have not been used for emer-
gency activities proportionally in accordance with the amounts pro-
vided for the programs, projects, or activities.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $210,000,000, to
remain available until September 30, 2021.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $200,000,000, to remain
available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations, repairs,
and other activities in response to such disasters as authorized
by law, $35,000,000, to remain available until expended.
EXPENSES
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division Engineers;
and for costs of management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water
Resources, the United States Army Engineer Research and Develop-
ment Center, and the United States Army Corps of Engineers
Finance Center allocable to the civil works program, $203,000,000,
to remain available until September 30, 2021, of which not to
exceed $5,000 may be used for official reception and representation
purposes and only during the current fiscal year: Provided, That
no part of any other appropriation provided in this title shall
be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may
be used to fund the supervision and general administration of
emergency operations, repairs, and other activities in response to
any flood, hurricane, or other natural disaster.
Time period.
Determination.
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133 STAT. 2663 PUBLIC LAW 116–94—DEC. 20, 2019
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2021: Provided, That not more than
75 percent of such amount may be obligated or expended until
the Assistant Secretary submits to the Committees on Appropria-
tions of both Houses of Congress the report required under section
101(d) of this Act and a work plan that allocates at least 95
percent of the additional funding provided under each heading
in this title, as designated under such heading in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), to specific programs, projects, or activi-
ties.
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the agencies
or entities funded in title I of this Act that remain available for
obligation or expenditure in fiscal year 2020, shall be available
for obligation or expenditure through a reprogramming of funds
that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the Commit-
tees on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) I
NVESTIGATIONS
.—For a base level over $100,000, re-
programming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may
be reprogrammed into any continuing study or activity that
did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) C
ONSTRUCTION
.—For a base level over $2,000,000, re-
programming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed condi-
tions, or real estate deficiency judgments: Provided further,
That up to $300,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation for
existing obligations and concomitant administrative expenses;
(8) O
PERATION AND MAINTENANCE
.—Unlimited reprogram-
ming authority is granted for the Corps to be able to respond
Reports.
Work plan.
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133 STAT. 2664 PUBLIC LAW 116–94—DEC. 20, 2019
to emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount
up to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided fur-
ther, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) M
ISSISSIPPI RIVER AND TRIBUTARIES
.—The reprogram-
ming guidelines in paragraphs (6), (7), and (8) shall apply
to the Investigations, Construction, and Operation and Mainte-
nance portions of the Mississippi River and Tributaries Account,
respectively; and
(10) F
ORMERLY UTILIZED SITES REMEDIAL ACTION PRO
-
GRAM
.—Reprogramming of up to 15 percent of the base of
the receiving project is permitted.
(b) D
E
M
INIMUS
R
EPROGRAMMINGS
.—In no case should a re-
programming for less than $50,000 be submitted to the Committees
on Appropriations of both Houses of Congress.
(c) C
ONTINUING
A
UTHORITIES
P
ROGRAM
.—Subsection (a)(1) shall
not apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer authorities
for the current fiscal year which shall include:
(1) A table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
S
EC
. 102. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this Act
and the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), including the deter-
mination and designation of new starts.
S
EC
. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds beyond
the amounts appropriated for that program, project, or activity
that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming
pursuant to section 101.
S
EC
. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $5,400,000 of funds provided in this
title under the heading ‘‘Operation and Maintenance’’ to mitigate
for fisheries lost due to Corps of Engineers projects.
S
EC
. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material, after
evaluating the least costly, environmentally acceptable manner for
Determination.
Reports.
Guidelines.
Applicability.
Notification.
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133 STAT. 2665 PUBLIC LAW 116–94—DEC. 20, 2019
the disposal or management of dredged material originating from
Lake Erie or tributaries thereto, unless it is approved under a
State water quality certification pursuant to section 401 of the
Federal Water Pollution Control Act (33 U.S.C. 1341): Provided,
That until an open lake placement alternative for dredged material
is approved under a State water quality certification, the Corps
of Engineers shall continue upland placement of such dredged mate-
rial consistent with the requirements of section 101 of the Water
Resources Development Act of 1986 (33 U.S.C. 2211).
S
EC
. 106. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the Civil
Works functions or authority of the Corps of Engineers or the
Secretary of the Army to another department or agency.
S
EC
. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief
of Engineers.
S
EC
. 108. None of the funds made available by this Act may
be used to carry out any water supply reallocation study under
the Wolf Creek Dam, Lake Cumberland, Kentucky, project author-
ized under the Act of July 24, 1946 (60 Stat. 636, ch. 595).
TITLE II
DEPARTMENT OF THE INTERIOR
C
ENTRAL
U
TAH
P
ROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $20,000,000, to remain available until
expended, of which $1,800,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission: Pro-
vided, That of the amount provided under this heading, $1,500,000
shall be available until September 30, 2021, for expenses necessary
in carrying out related responsibilities of the Secretary of the
Interior: Provided further, That for fiscal year 2020, of the amount
made available to the Commission under this Act or any other
Act, the Commission may use an amount not to exceed $1,500,000
for administrative expenses.
B
UREAU OF
R
ECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
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133 STAT. 2666 PUBLIC LAW 116–94—DEC. 20, 2019
other agreements with, State and local governments, federally rec-
ognized Indian tribes, and others, $1,512,151,000, to remain avail-
able until expended, of which $69,932,000 shall be available for
transfer to the Upper Colorado River Basin Fund and $5,023,000
shall be available for transfer to the Lower Colorado River Basin
Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund: Provided, That
$10,000,000 shall be available for transfer into the Blackfeet Water
Settlement Implementation Fund established by section 3717 of
Public Law 114–322: Provided further, That the unobligated bal-
ances in ‘‘Water and Related Resources’’ for the Blackfeet Water
Rights Settlement Act may be transferred to the Blackfeet Water
Settlement Implementation Fund account: Provided further, That
such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That within
available funds, $250,000 shall be for grants and financial assist-
ance for educational activities: Provided further, That of the total
appropriated, the amount for program activities that can be financed
by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 6806 shall be derived from
that Fund or account: Provided further, That funds contributed
under 43 U.S.C. 395 are available until expended for the purposes
for which the funds were contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the
sums appropriated under this heading: Provided further, That of
the amounts provided herein, funds may be used for high-priority
projects which shall be carried out by the Youth Conservation
Corps, as authorized by 16 U.S.C. 1706: Provided further, That
of the amounts made available under this heading, $4,000,000
shall be for one payment for deferred construction funding to the
Navajo Nation to fulfill the construction obligations described in
section 15(b) of the Colorado Ute Indian Water Rights Settlement
Act of 1988 (Public Law 100–585), as amended by the Colorado
Ute Settlement Act Amendments of 2000 (Public Law 106–554),
and to complete the commissioning and title transfer of the Navajo
Nation Municipal Pipeline: Provided further, That in accordance
with section 4009(c) of Public Law 114–322, and as recommended
by the Secretary in a letter dated February 13, 2019, funding
provided for such purpose in fiscal year 2018 shall be made available
to the Expanding Recycled Water Delivery Project
(VenturaWaterPure), the Pure Water Monterey Groundwater
Replenishment Project, the Groundwater Reliability Improvement
Program (GRIP) Recycled Water Project, the North Valley Regional
Recycled Water Program, the South Sacramento County Agriculture
and Habitat Lands Recycled Water Program, and the Central Coast
Blue project: Provided further, That in accordance with section
4007 of Public Law 114–322, and as recommended by the Secretary
in a letter dated February 13, 2019, funding provided for such
purpose in fiscal years 2017 and 2018 shall be made available
to the Cle Elum Pool Raise, the Boise River Basin Feasibility
Study, the Del Puerto Water District, the Los Vaqueros Reservoir
Phase 2 Expansion Project, the North-of-the Delta Off stream Stor-
age (Sites Reservoir Project), and the Friant-Kern Canal Capacity
Correction Resulting Subsidence: Provided further, That in accord-
ance with section 4009(a) of Public Law 114–322, and as rec-
ommended by the Secretary in a letter dated February 13, 2019,
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133 STAT. 2667 PUBLIC LAW 116–94—DEC. 20, 2019
funding provided for such purpose in fiscal years 2017 and 2018
shall be made available to the Doheny Ocean Desalination Project,
the Kay Bailey Hutchison Desalination Plant, the North Pleasant
Valley Desalter Facility, and the Mission Basin Groundwater Purifi-
cation Facility Well Expansion and Brine Minimization.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, habitat restora-
tion, improvement, and acquisition provisions of the Central Valley
Project Improvement Act, $54,849,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration
Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public
Law 102–575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the
full amount of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102–575: Provided
further, That none of the funds made available under this heading
may be used for the acquisition or leasing of water for in-stream
purposes if the water is already committed to in-stream purposes
by a court adopted decree or order.
CALIFORNIA BAY
-
DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior, $33,000,000,
to remain available until expended, of which such amounts as
may be necessary to carry out such activities may be transferred
to appropriate accounts of other participating Federal agencies to
carry out authorized purposes: Provided, That funds appropriated
herein may be used for the Federal share of the costs of CALFED
Program management: Provided further, That CALFED
implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
POLICY AND ADMINISTRATION
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office,
and offices in the five regions of the Bureau of Reclamation, to
remain available until September 30, 2021, $60,000,000, to be
derived from the Reclamation Fund and be nonreimbursable as
provided in 43 U.S.C. 377: Provided, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted as policy and administration expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed five passenger motor vehicles, which
are for replacement only.
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133 STAT. 2668 PUBLIC LAW 116–94—DEC. 20, 2019
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR
S
EC
. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous
or subsequent appropriations Acts to the agencies or entities funded
in title II of this Act for Water and Related Resources that remain
available for obligation or expenditure in fiscal year 2020, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropria-
tions of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the beginning
of the fiscal year; or
(B) $400,000 for any program, project or activity for
which less than $2,000,000 is available at the beginning
of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any pro-
gram, project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased con-
tractor earnings due to accelerated rates of operations, and
real estate deficiency judgments, unless prior approval is
received from the Committees on Appropriations of both Houses
of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ‘‘transfer’’ means
any movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quar-
terly basis to the Committees on Appropriations of both Houses
of Congress detailing all the funds reprogrammed between pro-
grams, projects, activities, or categories of funding. The first quar-
terly report shall be submitted not later than 60 days after the
date of enactment of this Act.
S
EC
. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
California.
Plan.
Water
Reports.
Time period.
Definition.
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133 STAT. 2669 PUBLIC LAW 116–94—DEC. 20, 2019
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program—Alternative Repayment Plan’’ and the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report enti-
tled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to,
or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal reclamation law.
S
EC
. 203. Section 9504(e) of the Omnibus Public Land Manage-
ment Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
‘‘$480,000,000’’ and inserting ‘‘$530,000,000’’.
S
EC
. 204. Title I of Public Law 108–361 (the CALFED Bay-
Delta Authorization Act) (118 Stat. 1681), as amended by section
4007(k) of Public Law 114–322, is amended by striking ‘‘2019’’
each place it appears and inserting ‘‘2020’’.
S
EC
. 205. Section 9106(g)(2) of Public Law 111–11 (Omnibus
Public Land Management Act of 2009) is amended by striking
‘‘2019’’ and inserting ‘‘2020’’.
S
EC
. 206. The Claims Resolution Act of 2010 (Public Law 111–
291) is amended—
(1) in section 309(d), by striking ‘‘2021’’ each place it
appears and inserting ‘‘2023’’; and
(2) in section 311(h), by striking ‘‘2021’’ and inserting
‘‘2023’’.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
E
NERGY
E
FFICIENCY AND
R
ENEWABLE
E
NERGY
(INCLUDING RESCISSION OF FUNDS)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $2,848,000,000,
to remain available until expended: Provided, That of such amount,
$165,000,000 shall be available until September 30, 2021, for pro-
gram direction: Provided further, That of the unobligated balances
from prior year appropriations available under this heading,
$58,000,000 is hereby rescinded: Provided further, That no amounts
may be rescinded from amounts that were designated by the Con-
gress as an emergency requirement pursuant to the Concurrent
124 Stat. 3092.
124 Stat. 3088.
123 Stat. 1309.
43 USC 390b
note.
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133 STAT. 2670 PUBLIC LAW 116–94—DEC. 20, 2019
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
C
YBERSECURITY
, E
NERGY
S
ECURITY
,
AND
E
MERGENCY
R
ESPONSE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy sector cybersecurity, energy
security, and emergency response activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, $156,000,000, to remain available until
expended: Provided, That of such amount, $13,000,000 shall be
available until September 30, 2021, for program direction.
E
LECTRICITY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for electricity delivery activities in car-
rying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemna-
tion of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $190,000,000, to remain
available until expended: Provided, That of such amount,
$18,000,000 shall be available until September 30, 2021, for pro-
gram direction.
N
UCLEAR
E
NERGY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for nuclear energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $1,493,408,000, to remain available until
expended: Provided, That of such amount, $80,000,000 shall be
available until September 30, 2021, for program direction.
F
OSSIL
E
NERGY
R
ESEARCH AND
D
EVELOPMENT
For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition of interest, including defea-
sible and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances with-
out objectionable social and environmental costs (30 U.S.C. 3, 1602,
and 1603), $750,000,000, to remain available until expended: Pro-
vided, That of such amount $61,500,000 shall be available until
September 30, 2021, for program direction.
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133 STAT. 2671 PUBLIC LAW 116–94—DEC. 20, 2019
N
AVAL
P
ETROLEUM AND
O
IL
S
HALE
R
ESERVES
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $14,000,000, to
remain available until expended: Provided, That notwithstanding
any other provision of law, unobligated funds remaining from prior
years shall be available for all naval petroleum and oil shale reserve
activities.
S
TRATEGIC
P
ETROLEUM
R
ESERVE
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and program
management activities pursuant to the Energy Policy and Conserva-
tion Act (42 U.S.C. 6203 et seq.), $195,000,000, to remain available
until expended: Provided, That, as authorized by section 404 of
the Bipartisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C.
6239 note), the Secretary of Energy shall draw down and sell
not to exceed $450,000,000 of crude oil from the Strategic Petroleum
Reserve in fiscal year 2020: Provided further, That the proceeds
from such drawdown and sale shall be deposited into the ‘‘Energy
Security and Infrastructure Modernization Fund’’ during fiscal year
2020: Provided further, That such amounts shall be made available
and shall remain available until expended for necessary expenses
to carry out the Life Extension II project for the Strategic Petroleum
Reserve.
SPR P
ETROLEUM
A
CCOUNT
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6203
et seq.), sections 403 and 404 of the Bipartisan Budget Act of
2015 (42 U.S.C. 6241, 6239 note), and section 5010 of the 21st
Century Cures Act (Public Law 114–255), $10,000,000, to remain
available until expended.
N
ORTHEAST
H
OME
H
EATING
O
IL
R
ESERVE
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6203 et seq.), $10,000,000, to remain available until
expended.
E
NERGY
I
NFORMATION
A
DMINISTRATION
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$126,800,000, to remain available until expended.
N
ON
-D
EFENSE
E
NVIRONMENTAL
C
LEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
42 USC 6241
note.
42 USC 6241
note.
42 USC 6241
note.
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133 STAT. 2672 PUBLIC LAW 116–94—DEC. 20, 2019
or facility acquisition, construction, or expansion, $319,200,000, to
remain available until expended: Provided, That $200,000 of the
funds provided are for community support.
U
RANIUM
E
NRICHMENT
D
ECONTAMINATION AND
D
ECOMMISSIONING
F
UND
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and decommissioning,
remedial actions, and other activities of title II of the Atomic Energy
Act of 1954, and title X, subtitle A, of the Energy Policy Act
of 1992, $881,000,000, to be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, to remain available
until expended, of which $5,250,000 shall be available in accordance
with title X, subtitle A, of the Energy Policy Act of 1992.
S
CIENCE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, and purchase of not more than 33 pas-
senger motor vehicles including one bus, $7,000,000,000, to remain
available until expended: Provided, That of such amount,
$186,300,000 shall be available until September 30, 2021, for pro-
gram direction.
A
DVANCED
R
ESEARCH
P
ROJECTS
A
GENCY
—E
NERGY
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America COMPETES
Act (Public Law 110–69), $425,000,000, to remain available until
expended: Provided, That of such amount, $35,000,000 shall be
available until September 30, 2021, for program direction.
T
ITLE
17 I
NNOVATIVE
T
ECHNOLOGY
L
OAN
G
UARANTEE
P
ROGRAM
Such sums as are derived from amounts received from bor-
rowers pursuant to section 1702(b) of the Energy Policy Act of
2005 under this heading in prior Acts, shall be collected in accord-
ance with section 502(7) of the Congressional Budget Act of 1974:
Provided, That for necessary administrative expenses of the Title
17 Innovative Technology Loan Guarantee Program, as authorized,
$32,000,000 is appropriated, to remain available until September
30, 2021: Provided further, That up to $32,000,000 of fees collected
in fiscal year 2020 pursuant to section 1702(h) of the Energy Policy
Act of 2005 shall be credited as offsetting collections under this
heading and used for necessary administrative expenses in this
appropriation and shall remain available until September 30, 2021:
Provided further, That to the extent that fees collected in fiscal
year 2020 exceed $32,000,000, those excess amounts shall be cred-
ited as offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in appro-
priations Acts: Provided further, That the sum herein appropriated
from the general fund shall be reduced (1) as such fees are received
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133 STAT. 2673 PUBLIC LAW 116–94—DEC. 20, 2019
during fiscal year 2020 (estimated at $3,000,000) and (2) to the
extent that any remaining general fund appropriations can be
derived from fees collected in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal year 2020
appropriation from the general fund estimated at $0: Provided
further, That the Department of Energy shall not subordinate any
loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation of
section 609.10 of title 10, Code of Federal Regulations.
A
DVANCED
T
ECHNOLOGY
V
EHICLES
M
ANUFACTURING
L
OAN
P
ROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $5,000,000, to remain available until September
30, 2021.
T
RIBAL
E
NERGY
L
OAN
G
UARANTEE
P
ROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$2,000,000, to remain available until September 30, 2021.
O
FFICE OF
I
NDIAN
E
NERGY
P
OLICY AND
P
ROGRAMS
For necessary expenses for Indian Energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), $22,000,000, to remain available until
expended: Provided, That, of the amount appropriated under this
heading, $5,000,000 shall be available until September 30, 2021,
for program direction.
D
EPARTMENTAL
A
DMINISTRATION
For salaries and expenses of the Department of Energy nec-
essary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $254,378,000, to remain available until September 30,
2021, including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $30,000, plus
such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the
provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Pro-
vided, That such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further, That
moneys received by the Department for miscellaneous revenues
estimated to total $93,378,000 in fiscal year 2020 may be retained
and used for operating expenses within this account, as authorized
by section 201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein appro-
priated shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2020 appropriation
from the general fund estimated at not more than $161,000,000.
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133 STAT. 2674 PUBLIC LAW 116–94—DEC. 20, 2019
O
FFICE OF THE
I
NSPECTOR
G
ENERAL
For expenses necessary for the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $54,215,000, to remain available until September 30, 2021.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
W
EAPONS
A
CTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion, and
the purchase of not to exceed one ambulance for replacement only,
$12,457,097,000, to remain available until expended: Provided, That
of such amount, $107,660,000 shall be available until September
30, 2021, for program direction.
D
EFENSE
N
UCLEAR
N
ONPROLIFERATION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for defense nuclear non-
proliferation activities, in carrying out the purposes of the Depart-
ment of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion, and
the purchase of not to exceed two aircraft, $2,164,400,000, to remain
available until expended.
N
AVAL
R
EACTORS
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses necessary for naval reac-
tors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and capital equipment, facilities, and facility expansion,
$1,648,396,000, to remain available until expended, of which,
$88,500,000 shall be transferred to ‘‘Department of Energy—Energy
Programs—Nuclear Energy’’, for the Advanced Test Reactor: Pro-
vided, That of such amount, $50,500,000 shall be available until
September 30, 2021, for program direction.
F
EDERAL
S
ALARIES AND
E
XPENSES
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $434,699,000, to
remain available until September 30, 2021, including official recep-
tion and representation expenses not to exceed $17,000.
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133 STAT. 2675 PUBLIC LAW 116–94—DEC. 20, 2019
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
D
EFENSE
E
NVIRONMENTAL
C
LEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental
cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$6,255,000,000, to remain available until expended: Provided, That
of such amount, $281,119,000 shall be available until September
30, 2021, for program direction.
O
THER
D
EFENSE
A
CTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not more than one passenger
motor vehicle, $906,000,000, to remain available until expended:
Provided, That of such amount, $328,917,000 shall be available
until September 30, 2021, for program direction.
POWER MARKETING ADMINISTRATIONS
B
ONNEVILLE
P
OWER
A
DMINISTRATION
F
UND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for the
Steigerwald Floodplain Restoration Project and, in addition, for
official reception and representation expenses in an amount not
to exceed $5,000: Provided, That during fiscal year 2020, no new
direct loan obligations may be made: Provided further, Expenditures
from the Bonneville Power Administration Fund, established pursu-
ant to Public Law 93–454 are authorized and approved, without
fiscal year limitation, for the cost of current and future year pur-
chases or payments of emissions expenses associated with Bonne-
ville Power Administration power and transmission operations in
states with clean energy programs: Provided further, This expendi-
ture authorization is limited solely to Bonneville Power Administra-
tion’s voluntary purchase or payments made in conjunction with
state clean energy programs and is not a broader waiver of Bonne-
ville Power Administration’s sovereign immunity.
O
PERATION AND
M
AINTENANCE
, S
OUTHEASTERN
P
OWER
A
DMINISTRATION
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
as applied to the southeastern power area, $6,597,000, including
16 USC 838i
note.
16 USC 838i
note.
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133 STAT. 2676 PUBLIC LAW 116–94—DEC. 20, 2019
official reception and representation expenses in an amount not
to exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $6,597,000 collected by the Southeastern
Power Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting collec-
tions, to remain available until expended for the sole purpose of
funding the annual expenses of the Southeastern Power Administra-
tion: Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2020 appropriation
estimated at not more than $0: Provided further, That notwith-
standing 31 U.S.C. 3302, up to $56,000,000 collected by the South-
eastern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
O
PERATION AND
M
AINTENANCE
, S
OUTHWESTERN
P
OWER
A
DMINISTRATION
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern
Power Administration, $47,775,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and sec-
tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to
$37,375,000 collected by the Southwestern Power Administration
from the sale of power and related services shall be credited to
this account as discretionary offsetting collections, to remain avail-
able until expended, for the sole purpose of funding the annual
expenses of the Southwestern Power Administration: Provided fur-
ther, That the sum herein appropriated for annual expenses shall
be reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2020 appropriation estimated
at not more than $10,400,000: Provided further, That notwith-
standing 31 U.S.C. 3302, up to $43,000,000 collected by the South-
western Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
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133 STAT. 2677 PUBLIC LAW 116–94—DEC. 20, 2019
C
ONSTRUCTION
, R
EHABILITATION
, O
PERATION AND
M
AINTENANCE
,
W
ESTERN
A
REA
P
OWER
A
DMINISTRATION
(INCLUDING RESCISSION OF FUNDS)
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, $262,959,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended, of which $262,959,000
shall be derived from the Department of the Interior Reclamation
Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), and section
1 of the Interior Department Appropriation Act, 1939 (43 U.S.C.
392a), up to $173,587,000 collected by the Western Area Power
Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections,
to remain available until expended, for the sole purpose of funding
the annual expenses of the Western Area Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2020 appropriation
estimated at not more than $89,372,000, of which $89,372,000 is
derived from the Reclamation Fund: Provided further, That notwith-
standing 31 U.S.C. 3302, up to $227,000,000 collected by the
Western Area Power Administration pursuant to the Flood Control
Act of 1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this appropria-
tion, annual expenses means expenditures that are generally recov-
ered in the same year that they are incurred (excluding purchase
power and wheeling expenses): Provided further, That of the unobli-
gated balances from prior year appropriations available under this
heading, $176,000 is hereby permanently cancelled.
F
ALCON AND
A
MISTAD
O
PERATING AND
M
AINTENANCE
F
UND
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $3,160,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 2 of
the Act of June 18, 1954 (68 Stat. 255): Provided, That notwith-
standing the provisions of that Act and of 31 U.S.C. 3302, up
to $2,932,000 collected by the Western Area Power Administration
from the sale of power and related services from the Falcon and
Amistad Dams shall be credited to this account as discretionary
offsetting collections, to remain available until expended for the
sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal
year 2020 appropriation estimated at not more than $228,000:
Provided further, That for purposes of this appropriation, annual
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133 STAT. 2678 PUBLIC LAW 116–94—DEC. 20, 2019
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for fiscal
year 2020, the Administrator of the Western Area Power Adminis-
tration may accept up to $1,187,000 in funds contributed by United
States power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which contrib-
uted in like manner as if said sums had been specifically appro-
priated for such purpose: Provided further, That any such funds
shall be available without further appropriation and without fiscal
year limitation for use by the Commissioner of the United States
Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams
in accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
F
EDERAL
E
NERGY
R
EGULATORY
C
OMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, official reception and representation
expenses not to exceed $3,000, and the hire of passenger motor
vehicles, $382,000,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not to
exceed $382,000,000 of revenues from fees and annual charges,
and other services and collections in fiscal year 2020 shall be
retained and used for expenses necessary in this account, and
shall remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2020 so as to result
in a final fiscal year 2020 appropriation from the general fund
estimated at not more than $0.
GENERAL PROVISIONS—DEPARTMENT OF ENERGY
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
S
EC
. 301. (a) No appropriation, funds, or authority made avail-
able by this title for the Department of Energy shall be used
to initiate or resume any program, project, or activity or to prepare
or initiate Requests For Proposals or similar arrangements
(including Requests for Quotations, Requests for Information, and
Funding Opportunity Announcements) for a program, project, or
activity if the program, project, or activity has not been funded
by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees
on Appropriations of both Houses of Congress at least 3 full business
days in advance, none of the funds made available in this title
may be used to—
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Trans-
action Agreement totaling $1,000,000 or more, including a con-
tract covered by the Federal Acquisition Regulation;
Contracts.
Grants.
Notification.
Time period.
42 USC 7171
note.
42 USC 7171
note.
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133 STAT. 2679 PUBLIC LAW 116–94—DEC. 20, 2019
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days of
the conclusion of each quarter a report detailing each grant alloca-
tion or discretionary grant award totaling less than $1,000,000
provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award,
the amount of the award, the fiscal year for which the funds
for the award were appropriated, the account and program, project,
or activity from which the funds are being drawn, the title of
the award, and a brief description of the activity for which the
award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made avail-
able in this title under the heading ‘‘Department of Energy—Energy
Programs’’, enter into a multiyear contract, award a multiyear
grant, or enter into a multiyear cooperative agreement unless—
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government’s obligation on
the availability of future year budget authority and the Sec-
retary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as author-
ized by law for the programs, projects, and activities specified
in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table
included under the heading ‘‘Title III—Department of Energy’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the Depart-
ment shall notify, and obtain the prior approval of, the Committees
on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or
decrease by more than $5,000,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(f) None of the funds provided in this title shall be available
for obligation or expenditure through a reprogramming of funds
that—
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
Notification.
Time period.
Notification.
Time period.
Contracts.
Grants.
Reports.
Time period.
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133 STAT. 2680 PUBLIC LAW 116–94—DEC. 20, 2019
(g)(1) The Secretary of Energy may waive any requirement
or restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or restriction
would otherwise have applied. Such notice shall include an expla-
nation of the substantial risk under paragraph (1) that permitted
such waiver.
(h) The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title. Avail-
able balances may be merged with funds in the applicable estab-
lished accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
S
EC
. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 3094) during fiscal year 2020 until the enactment of
the Intelligence Authorization Act for fiscal year 2020.
S
EC
. 303. None of the funds made available in this title shall
be used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent over-
sight is conducted by the Office of Enterprise Assessments to ensure
the project is in compliance with nuclear safety requirements.
S
EC
. 304. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive depart-
mental guidance, for construction projects where the total project
cost exceeds $100,000,000, until a separate independent cost esti-
mate has been developed for the project for that critical decision.
S
EC
. 305. (a) None of the funds made available in this or
any prior Act under the heading ‘‘Defense Nuclear Nonproliferation’’
may be made available to enter into new contracts with, or new
agreements for Federal assistance to, the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in sub-
section (a) if the Secretary determines that such activity is in
the national security interests of the United States. This waiver
authority may not be delegated.
(c) A waiver under subsection (b) shall not be effective until
15 days after the date on which the Secretary submits to the
Committees on Appropriations of both Houses of Congress, in classi-
fied form if necessary, a report on the justification for the waiver.
S
EC
. 306. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination by
the President in this fiscal year that a regional supply shortage
of refined petroleum product of significant scope and duration exists,
that a severe increase in the price of refined petroleum product
will likely result from such shortage, and that a draw down and
sale of refined petroleum product would assist directly and signifi-
cantly in reducing the adverse impact of such shortage, the Sec-
retary of Energy may draw down and sell refined petroleum product
from the Strategic Petroleum Reserve. Proceeds from a sale under
Determination.
President.
Effective date.
Reports.
Waiver authority.
Determination.
Contracts.
Russia.
Cost estimate.
Oversight.
Compliance.
Notification.
Deadline.
Waiver authority.
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133 STAT. 2681 PUBLIC LAW 116–94—DEC. 20, 2019
this section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and Conservation
Act (42 U.S.C. 6247), and such amounts shall be available for
obligation, without fiscal year limitation, consistent with that sec-
tion.
S
EC
. 307. Of the offsetting collections, including unobligated
balances of such collections, in the ‘‘Department of Energy—Power
Marketing Administration—Colorado River Basins Power Mar-
keting Fund, Western Area Power Administration’’, $21,400,000
shall be transferred to the ‘‘Department of Interior—Bureau of
Reclamation—Upper Colorado River Basin Fund’’ for the Bureau
of Reclamation to carry out environmental stewardship and endan-
gered species recovery efforts.
S
EC
. 308. (a) Of the unobligated balances available from
amounts appropriated in prior Acts under the heading ‘‘Title III—
Department of Energy—Energy Programs’’, $12,723,000 is hereby
rescinded.
(b) No amounts may be rescinded under (a) from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
S
EC
. 309. Beginning in fiscal year 2021 and for each fiscal
year thereafter, fees collected pursuant to subsection (b)(1) of section
6939f of title 42, United States Code, shall be deposited in ‘‘Depart-
ment of Energy—Energy Programs—Non-Defense Environmental
Cleanup’’ as discretionary offsetting collections.
S
EC
. 310. During fiscal year 2020 and each fiscal year there-
after, notwithstanding any provision of title 5, United States Code,
relating to classification or rates of pay, the Southeastern Power
Administration shall pay any power system dispatcher employed
by the Administration a rate of basic pay and premium pay based
on those prevailing for similar occupations in the electric power
industry. Basic pay and premium pay may not be paid under
this section to any individual during a calendar year so as to
result in a total rate in excess of the rate of basic pay for level
V of the Executive Schedule (section 5316 of such title).
TITLE IV
INDEPENDENT AGENCIES
A
PPALACHIAN
R
EGIONAL
C
OMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the Alternate
on the Appalachian Regional Commission, for payment of the Fed-
eral share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $175,000,000, to remain available until
expended.
D
EFENSE
N
UCLEAR
F
ACILITIES
S
AFETY
B
OARD
SALARIES AND EXPENSES
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the Atomic
16 USC 825s–8.
Effective dates.
Fees.
42 USC 6939f
note.
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133 STAT. 2682 PUBLIC LAW 116–94—DEC. 20, 2019
Energy Act of 1954, as amended by Public Law 100–456, section
1441, $31,000,000, to remain available until September 30, 2021.
D
ELTA
R
EGIONAL
A
UTHORITY
SALARIES AND EXPENSES
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, notwithstanding sections 382F(d), 382M,
and 382N of said Act, $30,000,000, to remain available until
expended.
D
ENALI
C
OMMISSION
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $15,000,000, to remain
available until expended, notwithstanding the limitations contained
in section 306(g) of the Denali Commission Act of 1998: Provided,
That funds shall be available for construction projects in an amount
not to exceed 80 percent of total project cost for distressed commu-
nities, as defined by section 307 of the Denali Commission Act
of 1998 (division C, title III, Public Law 105–277), as amended
by section 701 of appendix D, title VII, Public Law 106–113 (113
Stat. 1501A–280), and an amount not to exceed 50 percent for
non-distressed communities: Provided further, That notwith-
standing any other provision of law regarding payment of a non-
Federal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such
a non-Federal share for programs undertaken to carry out the
purposes of the Commission.
N
ORTHERN
B
ORDER
R
EGIONAL
C
OMMISSION
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $25,000,000, to remain available
until expended: Provided, That such amounts shall be available
for administrative expenses, notwithstanding section 15751(b) of
title 40, United States Code.
S
OUTHEAST
C
RESCENT
R
EGIONAL
C
OMMISSION
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000, to remain available until
expended.
N
UCLEAR
R
EGULATORY
C
OMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $842,236,000, including official rep-
resentation expenses not to exceed $25,000, to remain available
until expended: Provided, That of the amount appropriated herein,
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133 STAT. 2683 PUBLIC LAW 116–94—DEC. 20, 2019
not more than $9,500,000 may be made available for salaries,
travel, and other support costs for the Office of the Commission,
to remain available until September 30, 2021, of which, notwith-
standing section 201(a)(2)(c) of the Energy Reorganization Act of
1974 (42 U.S.C. 5841(a)(2)(c)), the use and expenditure shall only
be approved by a majority vote of the Commission: Provided further,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $717,125,000 in fiscal year
2020 shall be retained and used for necessary salaries and expenses
in this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That of the amounts
appropriated under this heading, not less than $15,478,000 shall
be for activities related to the development of regulatory infrastruc-
ture for advanced nuclear technologies, and $14,500,000 shall be
for international activities, except that the amounts provided under
this proviso shall not be derived from fee revenues, notwithstanding
42 U.S.C. 2214: Provided further, That the sum herein appropriated
shall be reduced by the amount of revenues received during fiscal
year 2020 so as to result in a final fiscal year 2020 appropriation
estimated at not more than $125,111,000: Provided further, That
of the amounts appropriated under this heading, $10,500,000 shall
be for university research and development in areas relevant to
the Commission’s mission, and $5,500,000 shall be for a Nuclear
Science and Engineering Grant Program that will support multiyear
projects that do not align with programmatic missions but are
critical to maintaining the discipline of nuclear science and
engineering.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $13,314,000, to remain available until September 30, 2021:
Provided, That revenues from licensing fees, inspection services,
and other services and collections estimated at $10,929,000 in fiscal
year 2020 shall be retained and be available until September 30,
2021, for necessary salaries and expenses in this account, notwith-
standing section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2020 so as
to result in a final fiscal year 2020 appropriation estimated at
not more than $2,385,000: Provided further, That of the amounts
appropriated under this heading, $1,171,000 shall be for Inspector
General services for the Defense Nuclear Facilities Safety Board,
which shall not be available from fee revenues.
N
UCLEAR
W
ASTE
T
ECHNICAL
R
EVIEW
B
OARD
SALARIES AND EXPENSES
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$3,600,000, to be derived from the Nuclear Waste Fund, to remain
available until September 30, 2021.
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133 STAT. 2684 PUBLIC LAW 116–94—DEC. 20, 2019
GENERAL PROVISIONS—INDEPENDENT AGENCIES
S
EC
. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal Commis-
sion Procedures when responding to Congressional requests for
information, consistent with Department of Justice guidance for
all federal agencies.
S
EC
. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify the
Committees on Appropriations of both Houses of Congress at least
30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease
by more than $500,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with such
requirement would pose a substantial risk to human health, the
environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not later
than 3 days after the date of the activity to which a requirement
or restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver and shall provide a detailed report
to the Committees of such waiver and changes to funding levels
to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ‘‘Nuclear Regulatory
Commission—Salaries and Expenses’’ shall be expended as directed
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through
a reprogramming of funds that increases funds or personnel for
any program, project, or activity for which funds are denied or
restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations—
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
Lobbying.
Reports.
Reports.
Notification.
Deadline.
Waiver authority.
Notification.
Time period.
Compliance.
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133 STAT. 2685 PUBLIC LAW 116–94—DEC. 20, 2019
S
EC
. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant
to a transfer made by or transfer authority provided in this Act
or any other appropriations Act for any fiscal year, transfer
authority referenced in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consolidated
Act), or any authority whereby a department, agency, or instrumen-
tality of the United States Government may provide goods or serv-
ices to another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal year,
transfer authority referenced in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide
goods or services to another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded
in this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a semi-
annual report detailing the transfer authorities, except for any
authority whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6
months and in the year-to-date. This report shall include the
amounts transferred and the purposes for which they were trans-
ferred, and shall not replace or modify existing notification require-
ments for each authority.
S
EC
. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of February
11, 1994 (Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations).
S
EC
. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
This division may be cited as the ‘‘Energy and Water Develop-
ment and Related Agencies Appropriations Act, 2020’’.
Pornography.
Reports.
Time periods.
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133 STAT. 2686 PUBLIC LAW 116–94—DEC. 20, 2019
DIVISION D—DEPARTMENT OF THE INTERIOR, ENVI-
RONMENT, AND RELATED AGENCIES APPROPRIA-
TIONS ACT, 2020
TITLE I
DEPARTMENT OF THE INTERIOR
B
UREAU OF
L
AND
M
ANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisi-
tion of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to section 1010(a) of Public
Law 96–487 (16 U.S.C. 3150(a)), $1,237,015,000, to remain available
until September 30, 2021; of which $115,000,000 for annual and
deferred maintenance and $101,555,000 for the wild horse and
burro program, as authorized by Public Law 92–195 (16 U.S.C.
1331 et sec.), shall remain available until expended: Provided, That
of the funds made available for the wild horse and burro program,
$21,000,000 shall not be available for obligation until 60 days
after submission to the Congress of the detailed plan described
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further,
That amounts in the fee account of the BLM Permit Processing
Improvement Fund may be used for any bureau-related expenses
associated with the processing of oil and gas applications for permits
to drill and related use of authorizations.
In addition, $40,196,000 is for Mining Law Administration pro-
gram operations, including the cost of administering the mining
claim fee program, to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this appropria-
tion from mining claim maintenance fees and location fees that
are hereby authorized for fiscal year 2020, so as to result in a
final appropriation estimated at not more than $1,237,015,000,
and $2,000,000, to remain available until expended, from commu-
nication site rental fees established by the Bureau for the cost
of administering communication site activities.
Of the unobligated balances from amounts made available
under this heading in fiscal year 2017 or before, $19,000,000 is
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolu-
tion on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Wild horses and
burros.
Time period.
Plan.
Department of
the Interior,
Environment,
and Related
Agencies
Appropriations
Act, 2020.
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133 STAT. 2687 PUBLIC LAW 116–94—DEC. 20, 2019
CONSTRUCTION
(INCLUDING RESCISSION OF FUNDS)
Of the unobligated balances from amounts made available
under this heading $5,400,000 is permanently rescinded: Provided,
That no amounts may be rescinded from amounts that were des-
ignated by the Congress as an emergency requirement pursuant
to the Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
LAND ACQUISITION
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94–579, including administrative expenses
and acquisition of lands or waters, or interests therein, $32,300,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
Of the unobligated balances from amounts made available for
Land Acquisition and derived from the Land and Water Conserva-
tion Fund, $2,367,000 is hereby permanently rescinded from
projects with cost savings or failed or partially failed projects:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Bal-
anced Budget and Emergency Deficit Control Act of 1985.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant coun-
ties of Oregon, and on adjacent rights-of-way; and acquisition of
lands or interests therein, including existing connecting roads on
or adjacent to such grant lands; $112,094,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 2605).
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1751), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315b, 315m) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from Bankhead-
Jones lands transferred to the Department of the Interior pursuant
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133 STAT. 2688 PUBLIC LAW 116–94—DEC. 20, 2019
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES
,
DEPOSITS
,
AND FORFEITURES
For administrative expenses and other costs related to proc-
essing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, oper-
ation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579 (43 U.S.C.
1701 et seq.), and under section 28 of the Mineral Leasing Act
(30 U.S.C. 185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)),
shall be available and may be expended under the authority of
this Act by the Secretary to improve, protect, or rehabilitate any
public lands administered through the Bureau of Land Management
which have been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without regard
to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed
to repair damage to the exact land for which funds were collected
may be used to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of Public Law 94–579 (43 U.S.C.
1737), and such amounts as may be advanced for administrative
costs, surveys, appraisals, and costs of making conveyances of
omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)),
to remain available until expended.
ADMINISTRATIVE PROVISIONS
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public
and private entities, including with States. Appropriations for the
Bureau shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance of nec-
essary buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the discretion
of the Secretary, for information or evidence concerning violations
of laws administered by the Bureau; miscellaneous and emergency
expenses of enforcement activities authorized or approved by the
Secretary and to be accounted for solely on the Secretary’s certifi-
cate, not to exceed $10,000: Provided, That notwithstanding Public
Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative
43 USC 1735
note.
43 USC 1735
note.
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133 STAT. 2689 PUBLIC LAW 116–94—DEC. 20, 2019
cost-sharing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That projects to be funded pursuant to a written
commitment by a State government to provide an identified amount
of money in support of the project may be carried out by the
Bureau on a reimbursable basis.
U
NITED
S
TATES
F
ISH AND
W
ILDLIFE
S
ERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, general administration, and for the performance of other
authorized functions related to such resources, $1,364,289,000, to
remain available until September 30, 2021: Provided, That not
to exceed $20,318,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533) (except for processing petitions, developing
and issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)): Provided further, That of the amounts
made available under this heading for central office operations,
$1,000,000 shall not be available for obligation until the Landscape
Conservation Cooperatives report is received by the Committees
on Appropriations of the House of Representatives and the Senate
in accordance with the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, manage-
ment, investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$29,704,000, to remain available until expended.
LAND ACQUISITION
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the United States Fish and
Wildlife Service, $70,715,000, to be derived from the Land and
Water Conservation Fund and to remain available until expended,
of which, not more than $10,000,000 shall be for land conservation
partnerships authorized by the Highlands Conservation Act of 2004,
including not to exceed $320,000 for administrative expenses: Pro-
vided, That none of the funds appropriated for specific land acquisi-
tion projects may be used to pay for any administrative overhead,
planning or other management costs.
Of the unobligated balances from amounts made available for
the Fish and Wildlife Service and derived from the Land and
Reports.
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133 STAT. 2690 PUBLIC LAW 116–94—DEC. 20, 2019
Water Conservation Fund, $3,628,000 is hereby permanently
rescinded from projects with cost savings or failed or partially
failed projects: Provided further, That no amounts may be rescinded
from amounts that were designated by the Congress as an emer-
gency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $54,502,000, to remain avail-
able until expended, of which $23,702,000 is to be derived from
the Cooperative Endangered Species Conservation Fund; and of
which $30,800,000 is to be derived from the Land and Water Con-
servation Fund.
Of the unobligated balances made available from the Coopera-
tive Endangered Species Conservation Fund, $18,771,000 is perma-
nently rescinded from projects or from other grant programs with
an unobligated carry over balance: Provided, That no amounts
may be rescinded from amounts that were designated by the Con-
gress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$46,000,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, to
remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Con-
servation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conserva-
tion Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great
Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the
Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.),
$15,000,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the District
of Columbia, Puerto Rico, Guam, the United States Virgin Islands,
the Northern Mariana Islands, American Samoa, and Indian tribes
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133 STAT. 2691 PUBLIC LAW 116–94—DEC. 20, 2019
under the provisions of the Fish and Wildlife Act of 1956 and
the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished,
$67,571,000, to remain available until expended: Provided, That
of the amount provided herein, $5,209,000 is for a competitive
grant program for Indian tribes not subject to the remaining provi-
sions of this appropriation: Provided further, That $7,362,000 is
for a competitive grant program to implement approved plans for
States, territories, and other jurisdictions and at the discretion
of affected States, the regional Associations of fish and wildlife
agencies, not subject to the remaining provisions of this appropria-
tion: Provided further, That the Secretary shall, after deducting
$12,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District of
Columbia and to the Commonwealth of Puerto Rico, each a sum
equal to not more than one-half of 1 percent thereof; and (2)
to Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands, each a sum
equal to not more than one-fourth of 1 percent thereof: Provided
further, That the Secretary shall apportion the remaining amount
in the following manner: (1) one-third of which is based on the
ratio to which the land area of such State bears to the total
land area of all such States; and (2) two-thirds of which is based
on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted equi-
tably so that no State shall be apportioned a sum which is less
than 1 percent of the amount available for apportionment under
this paragraph for any fiscal year or more than 5 percent of such
amount: Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects
and the Federal share of implementation grants shall not exceed
65 percent of the total costs of such projects: Provided further,
That the non-Federal share of such projects may not be derived
from Federal grant programs: Provided further, That any amount
apportioned in 2020 to any State, territory, or other jurisdiction
that remains unobligated as of September 30, 2021, shall be re-
apportioned, together with funds appropriated in 2022, in the
manner provided herein.
ADMINISTRATIVE PROVISIONS
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with
public and private entities. Appropriations and funds available to
the United States Fish and Wildlife Service shall be available
for repair of damage to public roads within and adjacent to reserva-
tion areas caused by operations of the Service; options for the
purchase of land at not to exceed $1 for each option; facilities
incident to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities under
the jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection with
Reapportion-
ment.
Adjustment.
Apportionment.
Apportionment.
District of
Columbia.
Territories.
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133 STAT. 2692 PUBLIC LAW 116–94—DEC. 20, 2019
management, and investigation of fish and wildlife resources: Pro-
vided, That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements authorized
by law, procure printing services from cooperators in connection
with jointly produced publications for which the cooperators share
at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing aircraft: Pro-
vided further, That notwithstanding 31 U.S.C. 3302, all fees col-
lected for non-toxic shot review and approval shall be deposited
under the heading ‘‘United States Fish and Wildlife Service—
Resource Management’’ and shall be available to the Secretary,
without further appropriation, to be used for expenses of processing
of such non-toxic shot type or coating applications and revising
regulations as necessary, and shall remain available until expended.
N
ATIONAL
P
ARK
S
ERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service and for the general administration of the National
Park Service, $2,576,992,000, of which $10,282,000 for planning
and interagency coordination in support of Everglades restoration
and $135,950,000 for maintenance, repair, or rehabilitation projects
for constructed assets and $153,575,000 for cyclic maintenance
projects for constructed assets and cultural resources and
$5,000,000 for uses authorized by section 101122 of title 54, United
States Code shall remain available until September 30, 2021: Pro-
vided, That funds appropriated under this heading in this Act
are available for the purposes of section 5 of Public Law 95–
348: Provided further, That notwithstanding section 9(a) of the
United States Semiquincentennial Commission Act of 2016 (Public
Law 114–196; 130 Stat. 691), $3,300,000 of the funds made available
under this heading shall be provided to the organization selected
under section 9(b) of that Act for expenditure by the United States
Semiquincentennial Commission in accordance with that Act: Pro-
vided further, That notwithstanding section 9 of the 400 Years
of African-American History Commission Act (36 U.S.C. note prec.
101; Public Law 115–102), $3,300,000 of the funds provided under
this heading shall be made available for the purposes specified
by that Act: Provided further, That sections (7)(b) and (8) of that
Act shall be amended by striking ‘‘July 1, 2020’’ and inserting
‘‘July 1, 2021’’.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, nat-
ural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
and grant administration, not otherwise provided for, $71,166,000.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
36 USC 101 note
prec.
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133 STAT. 2693 PUBLIC LAW 116–94—DEC. 20, 2019
Code), $118,660,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2021, of which
$16,000,000 shall be for Save America’s Treasures grants for
preservation of national significant sites, structures and artifacts
as authorized by section 7303 of the Omnibus Public Land Manage-
ment Act of 2009 (54 U.S.C. 3089): Provided, That an individual
Save America’s Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only be
eligible for one grant: Provided further, That all projects to be
funded shall be approved by the Secretary of the Interior in con-
sultation with the House and Senate Committees on Appropriations:
Provided further, That of the funds provided for the Historic
Preservation Fund, $750,000 is for competitive grants for the survey
and nomination of properties to the National Register of Historic
Places and as National Historic Landmarks associated with commu-
nities currently under-represented, as determined by the Secretary,
$18,750,000 is for competitive grants to preserve the sites and
stories of the Civil Rights movement, $10,000,000 is for grants
to Historically Black Colleges and Universities, and $7,500,000
is for competitive grants for the restoration of historic properties
of national, State and local significance listed on or eligible for
inclusion on the National Register of Historic Places, to be made
without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation
Act: Provided further, That such competitive grants shall be made
without imposing the matching requirements in section 302902(b)(3)
of title 54, United States Code, to States and Indian tribes as
defined in chapter 3003 of such title, Native Hawaiian organiza-
tions, local governments, including Certified Local Governments,
and non-profit organizations.
CONSTRUCTION
For construction, improvements, repair, or replacement of phys-
ical facilities, and compliance and planning for programs and areas
administered by the National Park Service, $389,345,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, for any project initially funded in fiscal year
2020 with a future phase indicated in the National Park Service
5-Year Line Item Construction Plan, a single procurement may
be issued which includes the full scope of the project: Provided
further, That the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232–18: Provided further,
That National Park Service Donations, Park Concessions Franchise
Fees, and Recreation Fees may be made available for the cost
of adjustments and changes within the original scope of effort
for projects funded by the National Park Service Construction
appropriation: Provided further, That the Secretary of the Interior
shall consult with the Committees on Appropriations, in accordance
with current reprogramming thresholds, prior to making any
charges authorized by this section.
LAND ACQUISITION AND STATE ASSISTANCE
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
Consultation.
Determination.
Consultation.
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133 STAT. 2694 PUBLIC LAW 116–94—DEC. 20, 2019
acquisition of lands or waters, or interest therein, in accordance
with the statutory authority applicable to the National Park Service,
$208,400,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended, of which $140,000,000
is for the State assistance program and of which $13,000,000 shall
be for the American Battlefield Protection Program grants as
authorized by chapter 3081 of title 54, United States Code.
Of the unobligated balances from amounts made available for
the National Park Service and derived from the Land and Water
Conservation Fund, $2,279,000 is hereby permanently rescinded
from projects or from other grant programs with an unobligated
carry over balance: Provided, That no amounts may be rescinded
from amounts that were designed by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
CENTENNIAL CHALLENGE
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $15,000,000, to remain available until expended,
for Centennial Challenge projects and programs: Provided, That
not less than 50 percent of the total cost of each project or program
shall be derived from non-Federal sources in the form of donated
cash, assets, or a pledge of donation guaranteed by an irrevocable
letter of credit.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-
account shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the National
Park System to extinguish or reduce liability for Possessory Interest
or leasehold surrender interest. Such funds may only be used for
this purpose to the extent that the benefitting unit anticipated
franchise fee receipts over the term of the contract at that unit
exceed the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to the
sub-account of the originating unit over a period not to exceed
the term of a single contract at the benefitting unit, in the amount
of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Con-
servation Fund grants authorized by section 105(a)(2)(B) of the
Gulf of Mexico Energy Security Act of 2006 (Public Law 109–
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation,
for purposes authorized under 23 U.S.C. 203. Transfers may include
a reasonable amount for FHWA administrative support costs.
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133 STAT. 2695 PUBLIC LAW 116–94—DEC. 20, 2019
U
NITED
S
TATES
G
EOLOGICAL
S
URVEY
SURVEYS
,
INVESTIGATIONS
,
AND RESEARCH
For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topog-
raphy, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as author-
ized by law; and to publish and disseminate data relative to the
foregoing activities; $1,270,957,000, to remain available until Sep-
tember 30, 2021; of which $84,337,000 shall remain available until
expended for satellite operations; and of which $76,164,000 shall
be available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided, That
none of the funds provided for the ecosystem research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, That no part of this appropriation shall be used to pay
more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in coopera-
tion with States and municipalities.
ADMINISTRATIVE PROVISIONS
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary shall
be available for contracting for the furnishing of topographic maps
and for the making of geophysical or other specialized surveys
when it is administratively determined that such procedures are
in the public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for gauging
stations, observation wells, and seismic equipment; expenses of
the United States National Committee for Geological Sciences; and
payment of compensation and expenses of persons employed by
the Survey duly appointed to represent the United States in the
negotiation and administration of interstate compacts: Provided,
That activities funded by appropriations herein made may be accom-
plished through the use of contracts, grants, or cooperative agree-
ments as defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey may
enter into contracts or cooperative agreements directly with individ-
uals or indirectly with institutions or nonprofit organizations, with-
out regard to 41 U.S.C. 6101, for the temporary or intermittent
services of students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5, United
States Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to tort
claims, but shall not be considered to be Federal employees for
any other purposes.
43 USC 50.
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133 STAT. 2696 PUBLIC LAW 116–94—DEC. 20, 2019
B
UREAU OF
O
CEAN
E
NERGY
M
ANAGEMENT
OCEAN ENERGY MANAGEMENT
For expenses necessary for granting and administering leases,
easements, rights-of-way and agreements for use for oil and gas,
other minerals, energy, and marine-related purposes on the Outer
Continental Shelf and approving operations related thereto, as
authorized by law; for environmental studies, as authorized by
law; for implementing other laws and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $191,611,000, of which $131,611,000 is to
remain available until September 30, 2021, and of which
$60,000,000 is to remain available until expended: Provided, That
this total appropriation shall be reduced by amounts collected by
the Secretary and credited to this appropriation from additions
to receipts resulting from increases to lease rental rates in effect
on August 5, 1993, and from cost recovery fees from activities
conducted by the Bureau of Ocean Energy Management pursuant
to the Outer Continental Shelf Lands Act, including studies, assess-
ments, analysis, and miscellaneous administrative activities: Pro-
vided further, That the sum herein appropriated shall be reduced
as such collections are received during the fiscal year, so as to
result in a final fiscal year 2020 appropriation estimated at not
more than $131,611,000: Provided further, That not to exceed $3,000
shall be available for reasonable expenses related to promoting
volunteer beach and marine cleanup activities.
B
UREAU OF
S
AFETY AND
E
NVIRONMENTAL
E
NFORCEMENT
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary for the regulation of operations related
to leases, easements, rights-of-way and agreements for use for oil
and gas, other minerals, energy, and marine-related purposes on
the Outer Continental Shelf, as authorized by law; for enforcing
and implementing laws and regulations as authorized by law and
to the extent provided by Presidential or Secretarial delegation;
and for matching grants or cooperative agreements, $149,333,000,
of which $123,333,000 is to remain available until September 30,
2021, and of which $26,000,000 is to remain available until
expended: Provided, That this total appropriation shall be reduced
by amounts collected by the Secretary and credited to this appro-
priation from additions to receipts resulting from increases to lease
rental rates in effect on August 5, 1993, and from cost recovery
fees from activities conducted by the Bureau of Safety and Environ-
mental Enforcement pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2020 appropria-
tion estimated at not more than $123,333,000: Provided further,
That of the unobligated balances from amounts made available
under this heading $4,788,000 is permanently rescinded: Provided
further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
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133 STAT. 2697 PUBLIC LAW 116–94—DEC. 20, 2019
pursuant to the Concurrent Resolution on the Budget or the Bal-
anced Budget and Emergency Deficit Control Act of 1985.
For an additional amount, $43,479,000, to remain available
until expended, to be reduced by amounts collected by the Secretary
and credited to this appropriation, which shall be derived from
non-refundable inspection fees collected in fiscal year 2020, as pro-
vided in this Act: Provided, That to the extent that amounts realized
from such inspection fees exceed $43,479,000, the amounts realized
in excess of $43,479,000 shall be credited to this appropriation
and remain available until expended: Provided further, That for
fiscal year 2020, not less than 50 percent of the inspection fees
expended by the Bureau of Safety and Environmental Enforcement
will be used to fund personnel and mission-related costs to expand
capacity and expedite the orderly development, subject to environ-
mental safeguards, of the Outer Continental Shelf pursuant to
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
including the review of applications for permits to drill.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201
of the Oil Pollution Act of 1990, $14,899,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.
O
FFICE OF
S
URFACE
M
INING
R
ECLAMATION AND
E
NFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Sur-
face Mining Control and Reclamation Act of 1977, Public Law
95–87, $117,768,000, to remain available until September 30, 2021:
Provided, That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95–
87 (30 U.S.C. 1257), $40,000, to remain available until expended:
Provided, That fees assessed and collected by the Office pursuant
to such section 507 shall be credited to this account as discretionary
offsetting collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general fund
shall be reduced as collections are received during the fiscal year,
so as to result in a fiscal year 2020 appropriation estimated at
not more than $117,768,000.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
$24,713,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Pro-
vided, That pursuant to Public Law 97–365, the Department of
the Interior is authorized to use up to 20 percent from the recovery
of the delinquent debt owed to the United States Government
to pay for contracts to collect these debts: Provided further, That
Contracts.
Debt collection.
30 USC 1257
note.
30 USC 1211
note.
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133 STAT. 2698 PUBLIC LAW 116–94—DEC. 20, 2019
funds made available under title IV of Public Law 95–87 may
be used for any required non-Federal share of the cost of projects
funded by the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That amounts pro-
vided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
In addition, $115,000,000, to remain available until expended,
for grants to States and federally recognized Indian Tribes for
reclamation of abandoned mine lands and other related activities
in accordance with the terms and conditions described in the
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act): Provided, That such
additional amount shall be used for economic and community
development in conjunction with the priorities in section 403(a)
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(a)): Provided further, That of such additional amount,
$75,000,000 shall be distributed in equal amounts to the 3 Appa-
lachian States with the greatest amount of unfunded needs to
meet the priorities described in paragraphs (1) and (2) of such
section, $30,000,000 shall be distributed in equal amounts to the
3 Appalachian States with the subsequent greatest amount of
unfunded needs to meet such priorities, and $10,000,000 shall be
for grants to federally recognized Indian Tribes without regard
to their status as certified or uncertified under the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)), for rec-
lamation of abandoned mine lands and other related activities in
accordance with the terms and conditions described in the explana-
tory statement described in section 4 (in the matter preceding
division A of this consolidated Act) and shall be used for economic
and community development in conjunction with the priorities in
section 403(a) of the Surface Mining Control and Reclamation Act
of 1977: Provided further, That such additional amount shall be
allocated to States and Indian Tribes within 60 days after the
date of enactment of this Act.
I
NDIAN
A
FFAIRS
B
UREAU OF
I
NDIAN
A
FFAIRS
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5301 et seq.), $1,577,110,000,
to remain available until September 30, 2021, except as otherwise
provided herein; of which not to exceed $8,500 may be for official
reception and representation expenses; of which not to exceed
$74,734,000 shall be for welfare assistance payments: Provided,
That in cases of designated Federal disasters, the Secretary may
exceed such cap for welfare payments from the amounts provided
herein, to provide for disaster relief to Indian communities affected
Deadline.
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133 STAT. 2699 PUBLIC LAW 116–94—DEC. 20, 2019
by the disaster: Provided further, That federally recognized Indian
tribes and tribal organizations of federally recognized Indian tribes
may use their tribal priority allocations for unmet welfare assistance
costs: Provided further, That not to exceed $57,424,000 shall remain
available until expended for housing improvement, road mainte-
nance, attorney fees, litigation support, land records improvement,
and the Navajo-Hopi Settlement Program: Provided further, That
any forestry funds allocated to a federally recognized tribe which
remain unobligated as of September 30, 2021, may be transferred
during fiscal year 2022 to an Indian forest land assistance account
established for the benefit of the holder of the funds within the
holder’s trust fund account: Provided further, That any such unobli-
gated balances not so transferred shall expire on September 30,
2022: Provided further, That in order to enhance the safety of
Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel:
Provided further, That the Bureau of Indian Affairs may accept
transfers of funds from United States Customs and Border Protec-
tion to supplement any other funding available for reconstruction
or repair of roads owned by the Bureau of Indian Affairs as identi-
fied on the National Tribal Transportation Facility Inventory, 23
U.S.C. 202(b)(1).
CONTRACT SUPPORT COSTS
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Edu-
cation Assistance Act agreements with the Bureau of Indian Affairs
and the Bureau of Indian Education for fiscal year 2020, such
sums as may be necessary, which shall be available for obligation
through September 30, 2021: Provided, That notwithstanding any
other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
CONSTRUCTION
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facili-
ties, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irriga-
tion Project pursuant to Public Law 87–483; $128,591,000, to remain
available until expended: Provided, That such amounts as may
be available for the construction of the Navajo Indian Irrigation
Project may be transferred to the Bureau of Reclamation: Provided
further, That any funds provided for the Safety of Dams program
pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall
be made available on a nonreimbursable basis: Provided further,
That this appropriation may be reimbursed from the Office of
the Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion needed
in agency offices to meet trust reform implementation: Provided
further, That of the funds made available under this heading,
$10,000,000 shall be derived from the Indian Irrigation Fund estab-
lished by section 3211 of the WIIN Act (Public Law 114–322;
130 Stat. 1749).
Expiration date.
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133 STAT. 2700 PUBLIC LAW 116–94—DEC. 20, 2019
Of the unobligated balances made available for the ‘‘Construc-
tion, Resources Management’’ account, $2,000,000 is permanently
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursu-
ant to Public Laws 99–264, 100–580, 101–618, 111–11, 111–291,
and 114–322, and for implementation of other land and water
rights settlements, $45,644,000, to remain available until expended.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans and insured loans, $11,779,000,
of which $1,590,000 is for administrative expenses, as authorized
by the Indian Financing Act of 1974: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan prin-
cipal, any part of which is to be guaranteed or insured, not to
exceed $183,476,740.
BUREAU OF INDIAN EDUCATION
OPERATION OF INDIAN EDUCATION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
the Education Amendments of 1978 (25 U.S.C. 2001–2019), and
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et
seq.), $943,077,000, to remain available until September 30, 2021,
except as otherwise provided herein: Provided, That Federally recog-
nized Indian tribes and tribal organizations of Federally recognized
Indian tribes may use their tribal priority allocations for unmet
welfare assistance costs: Provided further, That not to exceed
$702,837,000 for school operations costs of Bureau-funded schools
and other education programs shall become available on July 1,
2020, and shall remain available until September 30, 2021: Provided
further, That notwithstanding any other provision of law, including
but not limited to the Indian Self–Determination Act of 1975 (25
U.S.C. 5301 et seq.) and section 1128 of the Education Amendments
of 1978 (25 U.S.C. 2008), not to exceed $83,407,000 within and
only from such amounts made available for school operations shall
be available for administrative cost grants associated with grants
approved prior to July 1, 2020: Provided further, That in order
to enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles of
clothing for personnel.
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133 STAT. 2701 PUBLIC LAW 116–94—DEC. 20, 2019
EDUCATION CONSTRUCTION
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the operation
of Indian education programs, including architectural and
engineering services by contract; acquisition of lands, and interests
in lands; $248,257,000 to remain available until expended: Provided,
That in order to ensure timely completion of construction projects,
the Secretary may assume control of a project and all funds related
to the project, if, not later than 18 months after the date of the
enactment of this Act, any Public Law 100–297 (25 U.S.C. 2501,
et seq.) grantee receiving funds appropriated in this Act or in
any prior Act, has not completed the planning and design phase
of the project and commenced construction.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The Bureau of Indian Affairs and the Bureau of Indian Edu-
cation may carry out the operation of Indian programs by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, either directly or in cooperation with States and other
organizations.
Notwithstanding Public Law 87–279 (25 U.S.C. 15), the Bureau
of Indian Affairs may contract for services in support of the manage-
ment, operation, and maintenance of the Power Division of the
San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs or the Bureau of Indian Education
for central office oversight and Executive Direction and Administra-
tive Services (except executive direction and administrative services
funding for Tribal Priority Allocations, regional offices, and facilities
operations and maintenance) shall be available for contracts, grants,
compacts, or cooperative agreements with the Bureau of Indian
Affairs or the Bureau of Indian Education under the provisions
of the Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103–413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs or the Bureau of
Indian Education, this action shall not diminish the Federal Govern-
ment’s trust responsibility to that tribe, or the government-to-
government relationship between the United States and that tribe,
or that tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Education, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452 et
seq., shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or dormitory
beyond the grade structure in place or approved by the Secretary
of the Interior at each school in the Bureau of Indian Education
school system as of October 1, 1995, except that the Secretary
of the Interior may waive this prohibition to support expansion
of up to one additional grade when the Secretary determines such
waiver is needed to support accomplishment of the mission of the
Bureau of Indian Education, or more than one grade to expand
Waiver authority.
Determination.
Deadline.
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133 STAT. 2702 PUBLIC LAW 116–94—DEC. 20, 2019
the elementary grade structure for Bureau-funded schools with
a K–2 grade structure on October 1, 1996. Appropriations made
available in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau’s funding formula,
only to the schools in the Bureau school system as of September
1, 1996, and to any school or school program that was reinstated
in fiscal year 2012. Funds made available under this Act may
not be used to establish a charter school at a Bureau-funded school
(as that term is defined in section 1141 of the Education Amend-
ments of 1978 (25 U.S.C. 2021)), except that a charter school that
is in existence on the date of the enactment of this Act and that
has operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the charter
school pays to the Bureau a pro rata share of funds to reimburse
the Bureau for the use of the real and personal property (including
buses and vans), the funds of the charter school are kept separate
and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter
school’s operation and employees of a charter school shall not be
treated as Federal employees for purposes of chapter 171 of title
28, United States Code.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106–113, if in fiscal
year 2003 or 2004 a grantee received indirect and administrative
costs pursuant to a distribution formula based on section 5(f) of
Public Law 101–301, the Secretary shall continue to distribute
indirect and administrative cost funds to such grantee using the
section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this
prohibition in order for an Indian tribe to provide language and
cultural immersion educational programs for non-public schools
located within the jurisdictional area of the tribal government which
exclusively serve tribal members, do not include grades beyond
those currently served at the existing Bureau-funded school, provide
an educational environment with educator presence and academic
facilities comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety standards,
and the Americans with Disabilities Act, and demonstrate the bene-
fits of establishing operations at a satellite location in lieu of incur-
ring extraordinary costs, such as for transportation or other impacts
to students such as those caused by busing students extended
distances: Provided, That no funds available under this Act may
be used to fund operations, maintenance, rehabilitation, construc-
tion or other facilities-related costs for such assets that are not
owned by the Bureau: Provided further, That the term ‘‘satellite
school’’ means a school location physically separated from the
existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education
Programs may be used to execute requested adjustments in tribal
priority allocations initiated by an Indian Tribe.
Definition.
Waiver authority.
Compliance.
Charter schools.
Reimbursement.
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133 STAT. 2703 PUBLIC LAW 116–94—DEC. 20, 2019
D
EPARTMENTAL
O
FFICES
O
FFICE OF THE
S
ECRETARY
DEPARTMENTAL OPERATIONS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for management of the Department
of the Interior and for grants and cooperative agreements, as
authorized by law, $131,832,000, to remain available until Sep-
tember 30, 2021; of which no less than $1,000,000 shall be for
the hiring of additional personnel to assist the Department with
its compliance responsibilities under 5 U.S.C. 552; of which not
to exceed $15,000 may be for official reception and representation
expenses; and of which up to $1,000,000 shall be available for
workers compensation payments and unemployment compensation
payments associated with the orderly closure of the United States
Bureau of Mines; and of which $10,000,000 for the Appraisal and
Valuation Services Office is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and
of which $11,061,000 for Indian land, mineral, and resource valu-
ation activities shall remain available until expended: Provided,
That funds for Indian land, mineral, and resource valuation activi-
ties may, as needed, be transferred to and merged with the Bureau
of Indian Affairs ‘‘Operation of Indian Programs’’ and Bureau of
Indian Education ‘‘Operation of Indian Education Programs’’
accounts and the Office of the Special Trustee for American Indians
‘‘Federal Trust Programs’’ account: Provided further, That funds
made available through contracts or grants obligated during fiscal
year 2020, as authorized by the Indian Self-Determination Act
of 1975 (25 U.S.C. 5301 et seq.), shall remain available until
expended by the contractor or grantee.
ADMINISTRATIVE PROVISIONS
For fiscal year 2020, up to $400,000 of the payments authorized
by chapter 69 of title 31, United States Code, may be retained
for administrative expenses of the Payments in Lieu of Taxes Pro-
gram: Provided, That the amounts provided under this Act specifi-
cally for the Payments in Lieu of Taxes program are the only
amounts available for payments authorized under chapter 69 of
title 31, United States Code: Provided further, That in the event
the sums appropriated for any fiscal year for payments pursuant
to this chapter are insufficient to make the full payments authorized
by that chapter to all units of local government, then the payment
to each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior overpay-
ments or underpayments: Provided further, That no payment shall
be made pursuant to that chapter to otherwise eligible units of
local government if the computed amount of the payment is less
than $100.
31 USC 6903
note.
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133 STAT. 2704 PUBLIC LAW 116–94—DEC. 20, 2019
I
NSULAR
A
FFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108–188, $102,881,000,
of which: (1) $93,390,000 shall remain available until expended
for territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
and natural resources activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensa-
tion and expenses, as authorized by law (48 U.S.C. 1661(c)); grants
to the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands, as authorized
by law; grants to the Government of Guam, as authorized by law;
and grants to the Government of the Northern Mariana Islands,
as authorized by law (Public Law 94–241; 90 Stat. 272); and (2)
$9,491,000 shall be available until September 30, 2021, for salaries
and expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its discre-
tion, in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement
of the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by Public
Law 104–134: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement
of capital infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the grantee’s
commitment to timely maintenance of its capital assets: Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used
as non–Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $8,463,000, to remain avail-
able until expended, as provided for in sections 221(a)(2) and 233
of the Compact of Free Association for the Republic of Palau;
and section 221(a)(2) of the Compacts of Free Association for the
Government of the Republic of the Marshall Islands and the Fed-
erated States of Micronesia, as authorized by Public Law 99–658
and Public Law 108–188: Provided, That of the funds appropriated
under this heading, $5,000,000 is for deposit into the Compact
Trust Fund of the Republic of the Marshall Islands as compensation
authorized by Public Law 108–188 for adverse financial and eco-
nomic impacts.
48 USC 1469b.
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133 STAT. 2705 PUBLIC LAW 116–94—DEC. 20, 2019
A
DMINISTRATIVE
P
ROVISIONS
(INCLUDING TRANSFER OF FUNDS)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
section 104(e) of Public Law 108–188 and Public Law 104–134,
that are allocated for Guam, to the Secretary of Agriculture for
the subsidy cost of direct or guaranteed loans, plus not to exceed
three percent of the amount of the subsidy transferred for the
cost of loan administration, for the purposes authorized by the
Rural Electrification Act of 1936 and section 306(a)(1) of the Consoli-
dated Farm and Rural Development Act for construction and repair
projects in Guam, and such funds shall remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such loans or loan
guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types
of eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary
of Agriculture shall be in addition to funds otherwise made available
to make or guarantee loans under such authorities.
O
FFICE OF THE
S
OLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$66,816,000.
O
FFICE OF
I
NSPECTOR
G
ENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$55,986,000, to remain available until September 30, 2021.
O
FFICE OF THE
S
PECIAL
T
RUSTEE FOR
A
MERICAN
I
NDIANS
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $111,540,000, to remain available until expended, of which
not to exceed $19,016,000 from this or any other Act, may be
available for historical accounting: Provided, That funds for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs,
‘‘Operation of Indian Programs’’ and Bureau of Indian Education,
‘‘Operation of Indian Education Programs’’ accounts; the Office of
the Solicitor, ‘‘Salaries and Expenses’’ account; and the Office of
the Secretary, ‘‘Departmental Operations’’ account: Provided further,
That funds made available through contracts or grants obligated
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133 STAT. 2706 PUBLIC LAW 116–94—DEC. 20, 2019
during fiscal year 2020, as authorized by the Indian Self-Determina-
tion Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available
until expended by the contractor or grantee: Provided further, That
notwithstanding any other provision of law, the Secretary shall
not be required to provide a quarterly statement of performance
for any Indian trust account that has not had activity for at least
15 months and has a balance of $15 or less: Provided further,
That the Secretary shall issue an annual account statement and
maintain a record of any such accounts and shall permit the balance
in each such account to be withdrawn upon the express written
request of the account holder: Provided further, That not to exceed
$50,000 is available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits to
Individual Indian Money or Tribal accounts after September 30,
2002: Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for this
purpose: Provided further, That the Secretary shall not be required
to reconcile Special Deposit Accounts with a balance of less than
$500 unless the Office of the Special Trustee receives proof of
ownership from a Special Deposit Accounts claimant: Provided fur-
ther, That notwithstanding section 102 of the American Indian
Trust Fund Management Reform Act of 1994 (Public Law 103–
412) or any other provision of law, the Secretary may aggregate
the trust accounts of individuals whose whereabouts are unknown
for a continuous period of at least five years and shall not be
required to generate periodic statements of performance for the
individual accounts: Provided further, That with respect to the
eighth proviso, the Secretary shall continue to maintain sufficient
records to determine the balance of the individual accounts,
including any accrued interest and income, and such funds shall
remain available to the individual account holders.
Of the unobligated balances from amounts made available for
the Office of the Special Trustee for American Indians, $3,000,000
is permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolu-
tion on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
D
EPARTMENT
-W
IDE
P
ROGRAMS
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department
of the Interior, $952,338,000, to remain available until expended,
of which not to exceed $18,427,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are
also available for repayment of advances to other appropriation
accounts from which funds were previously transferred for such
purposes: Provided further, That of the funds provided $194,000,000
is for fuels management activities: Provided further, That of the
funds provided $20,470,000 is for burned area rehabilitation: Pro-
vided further, That persons hired pursuant to 43 U.S.C. 1469 may
Records.
Determination.
Account
statement.
Records.
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133 STAT. 2707 PUBLIC LAW 116–94—DEC. 20, 2019
be furnished subsistence and lodging without cost from funds avail-
able from this appropriation: Provided further, That notwith-
standing 42 U.S.C. 1856d, sums received by a bureau or office
of the Department of the Interior for fire protection rendered pursu-
ant to 42 U.S.C. 1856 et seq., protection of United States property,
may be credited to the appropriation from which funds were
expended to provide that protection, and are available without
fiscal year limitation: Provided further, That using the amounts
designated under this title of this Act, the Secretary of the Interior
may enter into procurement contracts, grants, or cooperative agree-
ments, for fuels management activities, and for training and moni-
toring associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs of imple-
menting any cooperative agreement between the Federal Govern-
ment and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further, That notwith-
standing requirements of the Competition in Contracting Act, the
Secretary, for purposes of fuels management activities, may obtain
maximum practicable competition among: (1) local private, non-
profit, or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109–154), or related partnerships
with State, local, or nonprofit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train locally a
significant percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That in
implementing this section, the Secretary shall develop written guid-
ance to field units to ensure accountability and consistent applica-
tion of the authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to consult and conference, as required by section 7 of such
Act, in connection with wildland fire management activities: Pro-
vided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance pay-
ments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate
amount not to exceed $50,000,000 between the Departments when
such transfers would facilitate and expedite wildland fire manage-
ment programs and projects: Provided further, That funds provided
for wildfire suppression shall be available for support of Federal
emergency response actions: Provided further, That funds appro-
priated under this heading shall be available for assistance to
or through the Department of State in connection with forest and
rangeland research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State,
shall be available to support forestry, wildland fire management,
and related natural resource activities outside the United States
and its territories and possessions, including technical assistance,
Reimbursement.
Guidance.
Cost sharing.
Contracts.
Grants.
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133 STAT. 2708 PUBLIC LAW 116–94—DEC. 20, 2019
education and training, and cooperation with United States and
international organizations: Provided further, That of the funds
provided under this heading $383,657,000 is provided to meet the
terms of section 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
In addition to the amounts provided under the heading ‘‘Depart-
ment of the Interior—Department-Wide Programs—Wildland Fire
Management’’ for wildfire suppression operations, $300,000,000, to
remain available until transferred, is additional new budget
authority as specified for purposes of section 251(b)(2)(F) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Pro-
vided, That such amounts may be transferred to and merged with
amounts made available under the headings ‘‘Department of Agri-
culture—Forest Service—Wildland Fire Management’’ and ‘‘Depart-
ment of the Interior—Department-Wide Programs—Wildland Fire
Management’’ for wildfire suppression operations in the fiscal year
in which such amounts are transferred: Provided further, That
amounts may be transferred to the ‘‘Wildland Fire Management’’
accounts in the Department of Agriculture or the Department of
the Interior only upon the notification of the House and Senate
Committees on Appropriations that all wildfire suppression oper-
ations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be trans-
ferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition
to any other transfer authority provided by law.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the response action,
including associated activities, performed pursuant to the Com-
prehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.), $10,010,000, to remain available until
expended.
For an additional amount for a competitive grant program
to fund radium decontamination and remediation at any land-
grant university that has been subjected to such contamination
as a result of actions of the former United States Bureau of Mines,
$12,000,000.
N
ATURAL
R
ESOURCE
D
AMAGE
A
SSESSMENT AND
R
ESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department
of the Interior necessary to carry out the provisions of the Com-
prehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), and 54 U.S.C. 100721 et seq., $7,767,000,
to remain available until expended.
Notification.
Time period.
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133 STAT. 2709 PUBLIC LAW 116–94—DEC. 20, 2019
WORKING CAPITAL FUND
For the operation and maintenance of a departmental financial
and business management system, information technology improve-
ments of general benefit to the Department, cybersecurity, and
the consolidation of facilities and operations throughout the Depart-
ment, $55,735,000, to remain available until expended: Provided,
That none of the funds appropriated in this Act or any other
Act may be used to establish reserves in the Working Capital
Fund account other than for accrued annual leave and depreciation
of equipment without prior approval of the Committees on Appro-
priations of the House of Representatives and the Senate: Provided
further, That the Secretary may assess reasonable charges to State,
local and tribal government employees for training services provided
by the National Indian Program Training Center, other than
training related to Public Law 93–638: Provided further, That the
Secretary may lease or otherwise provide space and related facili-
ties, equipment or professional services of the National Indian
Program Training Center to State, local and tribal government
employees or persons or organizations engaged in cultural, edu-
cational, or recreational activities (as defined in section 3306(a)
of title 40, United States Code) at the prevailing rate for similar
space, facilities, equipment, or services in the vicinity of the
National Indian Program Training Center: Provided further, That
all funds received pursuant to the two preceding provisos shall
be credited to this account, shall be available until expended, and
shall be used by the Secretary for necessary expenses of the
National Indian Program Training Center: Provided further, That
the Secretary may enter into grants and cooperative agreements
to support the Office of Natural Resource Revenue’s collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
as authorized by law.
ADMINISTRATIVE PROVISION
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess sur-
plus property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft.
OFFICE OF NATURAL RESOURCES REVENUE
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$147,330,000, to remain available until September 30, 2021; of
which $50,651,000 shall remain available until expended for the
purpose of mineral revenue management activities: Provided, That
notwithstanding any other provision of law, $15,000 shall be avail-
able for refunds of overpayments in connection with certain Indian
leases in which the Secretary concurred with the claimed refund
due, to pay amounts owed to Indian allottees or tribes, or to correct
prior unrecoverable erroneous payments.
Grants.
Contracts.
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133 STAT. 2710 PUBLIC LAW 116–94—DEC. 20, 2019
G
ENERAL
P
ROVISIONS
, D
EPARTMENT OF THE
I
NTERIOR
(INCLUDING TRANSFERS OF FUNDS)
EMERGENCY TRANSFER AUTHORITY
—
INTRA
-
BUREAU
S
EC
. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section must be replenished by a supplemental appropriation,
which must be requested as promptly as possible.
EMERGENCY TRANSFER AUTHORITY
—
DEPARTMENT
-
WIDE
S
EC
. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland
fires on or threatening lands under the jurisdiction of the Depart-
ment of the Interior; for the emergency rehabilitation of burned-
over lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage assess-
ment activities related to actual oil spills or releases of hazardous
substances into the environment; for the prevention, suppression,
and control of actual or potential grasshopper and Mormon cricket
outbreaks on lands under the jurisdiction of the Secretary, pursuant
to the authority in section 417(b) of Public Law 106–224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section 410 of
Public Law 95–87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and Enforce-
ment, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying
out the regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred during
the preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equipment
in connection with their use for wildland fire operations, with
such reimbursement to be credited to appropriations currently avail-
able at the time of receipt thereof: Provided further, That for
wildland fire operations, no funds shall be made available under
this authority until the Secretary determines that funds appro-
priated for ‘‘wildland fire suppression’’ shall be exhausted within
30 days: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which
must be requested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on a pro
rata basis, accounts from which emergency funds were transferred.
Reimbursement.
Determination.
Time period.
Reimbursement.
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133 STAT. 2711 PUBLIC LAW 116–94—DEC. 20, 2019
AUTHORIZED USE OF FUNDS
S
EC
. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by section 3109 of title 5, United States Code, when authorized
by the Secretary, in total amount not to exceed $500,000; purchase
and replacement of motor vehicles, including specially equipped
law enforcement vehicles; hire, maintenance, and operation of air-
craft; hire of passenger motor vehicles; purchase of reprints; pay-
ment for telephone service in private residences in the field, when
authorized under regulations approved by the Secretary; and the
payment of dues, when authorized by the Secretary, for library
membership in societies or associations which issue publications
to members only or at a price to members lower than to subscribers
who are not members.
AUTHORIZED USE OF FUNDS
,
INDIAN TRUST MANAGEMENT
S
EC
. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and
Office of the Special Trustee for American Indians and any unobli-
gated balances from prior appropriations Acts made under the
same headings shall be available for expenditure or transfer for
Indian trust management and reform activities. Total funding for
historical accounting activities shall not exceed amounts specifically
designated in this Act for such purpose. The Secretary shall notify
the House and Senate Committees on Appropriations within 60
days of the expenditure or transfer of any funds under this section,
including the amount expended or transferred and how the funds
will be used.
REDISTRIBUTION OF FUNDS
,
BUREAU OF INDIAN AFFAIRS
S
EC
. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inac-
curate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2020. Under circumstances of dual enrollment, overlap-
ping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
ELLIS
,
GOVERNORS
,
AND LIBERTY ISLANDS
S
EC
. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters,
or interests therein including the use of all or part of any pier,
dock, or landing within the State of New York and the State
of New Jersey, for the purpose of operating and maintaining facili-
ties in the support of transportation and accommodation of visitors
to Ellis, Governors, and Liberty Islands, and of other program
and administrative activities, by donation or with appropriated
funds, including franchise fees (and other monetary consideration),
or by exchange; and the Secretary is authorized to negotiate and
New York.
New Jersey.
Contracts.
Notification.
Deadline.
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133 STAT. 2712 PUBLIC LAW 116–94—DEC. 20, 2019
enter into leases, subleases, concession contracts or other agree-
ments for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
OUTER CONTINENTAL SHELF INSPECTION FEES
S
EC
. 107. (a) In fiscal year 2020, the Secretary shall collect
a nonrefundable inspection fee, which shall be deposited in the
‘‘Offshore Safety and Environmental Enforcement’’ account, from
the designated operator for facilities subject to inspection under
43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2020 shall be—
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any com-
bination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2020. Fees for fiscal year 2020 shall be—
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-
rig units as outlined in title 30 CFR 250 subparts D, E, F, and
Q shall be assessed for all inspections completed in fiscal year
2020. Fees for fiscal year 2020 shall be—
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under sub-
section (b) quarterly, with payment required within 30 days of
billing. The Secretary shall bill designated operators under sub-
section (c) within 30 days of the end of the month in which the
inspection occurred, with payment required within 30 days of
billing. The Secretary shall bill designated operators under sub-
section (d) with payment required by the end of the following
quarter.
CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING
FACILITIES
S
EC
. 108. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate enti-
ties, and may enter into multiyear contracts in accordance with
the provisions of section 3903 of title 41, United States Code (except
that the 5-year term restriction in subsection (a) shall not apply),
for the long-term care and maintenance of excess wild free roaming
horses and burros by such organizations or entities on private
land. Such cooperative agreements and contracts may not exceed
10 years, subject to renewal at the discretion of the Secretary.
Time period.
16 USC 1336
note.
Time periods.
Deadlines.
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133 STAT. 2713 PUBLIC LAW 116–94—DEC. 20, 2019
MASS MARKING OF SALMONIDS
S
EC
. 109. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endan-
gered species of salmon, implement a system of mass marking
of salmonid stocks, intended for harvest, that are released from
federally operated or federally financed hatcheries including but
not limited to fish releases of coho, chinook, and steelhead species.
Marked fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS
S
EC
. 110. Notwithstanding any other provision of law, during
fiscal year 2020, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at
the end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES PROGRAM
S
EC
. 111. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the Sec-
retary of the Interior is authorized to make grants to, or enter
into cooperative agreements with, private nonprofit organizations
designated by the Secretary of Labor under title V of the Older
Americans Act of 1965 to utilize the talents of older Americans
in programs authorized by other provisions of law administered
by the Secretary and consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under subsection
(a), the Secretary shall ensure that the agreement would not—
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or func-
tion in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within
the Department; or
(3) affect existing contracts for services.
OBLIGATION OF FUNDS
S
EC
. 112. Amounts appropriated by this Act to the Department
of the Interior shall be available for obligation and expenditure
not later than 60 days after the date of enactment of this Act.
EXTENSION OF AUTHORITIES
S
EC
. 113. (a) Section 512 of title V of division J of Public
Law 108–447 is amended by striking ‘‘on the date that is 15 years
after the date that funds are first made available for this title.’’
and inserting ‘‘after September 30, 2022.’’.
(b) Section 608 of title VI of division J of Public Law 108–
447 is amended by striking ‘‘the expiration of the 15-year period
54 USC 320101
note.
54 USC 320101
note.
Deadline.
Grants.
Contracts.
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133 STAT. 2714 PUBLIC LAW 116–94—DEC. 20, 2019
beginning on the date that funds are first made available for
this title.’’ and inserting ‘‘September 30, 2022.’’.
(c) Section 109 of title I of Public Law 103–449, as amended
by Public Law 111–11, title VIII section 8201(c), is further amended
by striking ‘‘$15,000,000’’ and inserting ‘‘$17,000,000’’.
(d) Section 608(a) of division II of Public Law 104–333, as
amended by Public Law 110–229 section 461, is further amended
by striking ‘‘$15,000,000’’ and inserting ‘‘$17,000,000’’.
(e) Section 810(a)(1) of title VIII of division B of appendix
D of Public Law 106–554, as amended by Public Law 115–31,
division G, title I section 115(b), is further amended by striking
‘‘$12,000,000’’ and inserting ‘‘$14,000,000’’.
SEPARATION OF ACCOUNTS
S
EC
. 114. The Secretary of the Interior, in order to implement
an orderly transition to separate accounts of the Bureau of Indian
Affairs and the Bureau of Indian Education, may transfer funds
among and between the successor offices and bureaus affected by
the reorganization only in conformance with the reprogramming
guidelines described in this Act.
PAYMENTS IN LIEU OF TAXES (PILT)
S
EC
. 115. Section 6906 of title 31, United States Code, shall
be applied by substituting ‘‘fiscal year 2020’’ for ‘‘fiscal year 2019’’.
SAGE
-
GROUSE
S
EC
. 116. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to write
or issue pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533)—
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct popu-
lation segment of greater sage-grouse.
DISCLOSURE OF DEPARTURE OR ALTERNATE PROCEDURE APPROVAL
S
EC
. 117. (a) Subject to subsection (b), beginning no later than
180 days after the enactment of this Act, in any case in which
the Bureau of Safety and Environmental Enforcement or the Bureau
of Ocean Energy Management prescribes or approves any departure
or use of alternate procedure or equipment, in regards to a plan
or permit, under 30 C.F.R. § 585.103, 30 C.F.R. § 550.141; 30
C.F.R. §550.142; 30 C.F.R. § 250.141, or 30 C.F.R. § 250.142, the
head of such bureau shall post a description of such departure
or alternate procedure or equipment use approval on such bureau’s
publicly available website not more than 15 business days after
such issuance.
(b) The head of each bureau may exclude confidential business
information.
Deadlines.
Public
information.
Web posting.
Applicability.
31 USC 6906
note.
Transfer
authority.
54 USC 320101
note.
54 USC 320101
note.
54 USC 320101
note.
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133 STAT. 2715 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
S
CIENCE AND
T
ECHNOLOGY
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980; necessary expenses for personnel and
related costs and travel expenses; procurement of laboratory equip-
ment and supplies; and other operating expenses in support of
research and development, $716,449,000, to remain available until
September 30, 2021: Provided, That of the funds included under
this heading, $6,000,000 shall be for Research: National Priorities
as specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
E
NVIRONMENTAL
P
ROGRAMS AND
M
ANAGEMENT
For environmental programs and management, including nec-
essary expenses, not otherwise provided for, for personnel and
related costs and travel expenses; hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue publica-
tions to members only or at a price to members lower than to
subscribers who are not members; administrative costs of the
brownfields program under the Small Business Liability Relief and
Brownfields Revitalization Act of 2002; implementation of a coal
combustion residual permit program under section 2301 of the
Water and Waste Act of 2016; and not to exceed $31,000 for official
reception and representation expenses, $2,663,356,000, to remain
available until September 30, 2021: Provided, That of the funds
included under this heading, $17,700,000 shall be for Environmental
Protection: National Priorities as specified in the explanatory state-
ment described in section 4 (in the matter preceding division A
of this consolidated Act): Provided further, That of the funds
included under this heading, $510,276,000 shall be for Geographic
Programs specified in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consolidated
Act).
In addition, $5,000,000 to remain available until expended,
for necessary expenses of activities described in section 26(b)(1)
of the Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided,
That fees collected pursuant to that section of that Act and deposited
in the ‘‘TSCA Service Fee Fund’’ as discretionary offsetting receipts
in fiscal year 2020 shall be retained and used for necessary salaries
and expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in
this paragraph from the general fund for fiscal year 2020 shall
be reduced by the amount of discretionary offsetting receipts
received during fiscal year 2020, so as to result in a final fiscal
year 2020 appropriation from the general fund estimated at not
more than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $5,000,000, those amount in
excess of $5,000,000 shall be deposited in the ‘‘TSCA Service Fee
Fund’’ as discretionary offsetting receipts in fiscal year 2020, shall
be retained and used for necessary salaries and expenses in this
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133 STAT. 2716 PUBLIC LAW 116–94—DEC. 20, 2019
account, and shall remain available until expended: Provided fur-
ther, That of the funds included in the first paragraph under this
heading, the Chemical Risk Review and Reduction program project
shall be allocated for this fiscal year, excluding the amount of
any fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
H
AZARDOUS
W
ASTE
E
LECTRONIC
M
ANIFEST
S
YSTEM
F
UND
For necessary expenses to carry out section 3024 of the Solid
Waste Disposal Act (42 U.S.C. 6939g), including the development,
operation, maintenance, and upgrading of the hazardous waste
electronic manifest system established by such section, $8,000,000,
to remain available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as offsetting
collections under such section 3024 are received during fiscal year
2020, which shall remain available until expended and be used
for necessary expenses in this appropriation, so as to result in
a final fiscal year 2020 appropriation from the general fund esti-
mated at not more than $0: Provided further, That to the extent
such offsetting collections received in fiscal year 2020 exceed
$8,000,000, those excess amounts shall remain available until
expended and be used for necessary expenses in this appropriation.
O
FFICE OF
I
NSPECTOR
G
ENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2021.
B
UILDINGS AND
F
ACILITIES
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use by,
the Environmental Protection Agency, $33,598,000, to remain avail-
able until expended.
H
AZARDOUS
S
UBSTANCE
S
UPERFUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42
U.S.C. 9611), and hire, maintenance, and operation of aircraft,
$1,184,755,000, to remain available until expended, consisting of
such sums as are available in the Trust Fund on September 30,
2019, as authorized by section 517(a) of the Superfund Amendments
and Reauthorization Act of 1986 (SARA) and up to $1,184,755,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of SARA:
Provided, That funds appropriated under this heading may be allo-
cated to other Federal agencies in accordance with section 111(a)
of CERCLA: Provided further, That of the funds appropriated under
this heading, $11,586,000 shall be paid to the ‘‘Office of Inspector
General’’ appropriation to remain available until September 30,
2021, and $30,747,000 shall be paid to the ‘‘Science and Technology’’
appropriation to remain available until September 30, 2021.
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133 STAT. 2717 PUBLIC LAW 116–94—DEC. 20, 2019
L
EAKING
U
NDERGROUND
S
TORAGE
T
ANK
T
RUST
F
UND
P
ROGRAM
For necessary expenses to carry out leaking underground stor-
age tank cleanup activities authorized by subtitle I of the Solid
Waste Disposal Act, $91,941,000, to remain available until
expended, of which $66,572,000 shall be for carrying out leaking
underground storage tank cleanup activities authorized by section
9003(h) of the Solid Waste Disposal Act; $25,369,000 shall be for
carrying out the other provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code: Provided,
That the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to federally
recognized Indian tribes for the development and implementation
of programs to manage underground storage tanks.
I
NLAND
O
IL
S
PILL
P
ROGRAMS
For expenses necessary to carry out the Environmental Protec-
tion Agency’s responsibilities under the Oil Pollution Act of 1990,
including hire, maintenance, and operation of aircraft, $19,581,000,
to be derived from the Oil Spill Liability trust fund, to remain
available until expended.
S
TATE AND
T
RIBAL
A
SSISTANCE
G
RANTS
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $4,246,232,000, to remain avail-
able until expended, of which—
(1) $1,638,826,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI
of the Federal Water Pollution Control Act; and of which
$1,126,088,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal year
2020, to the extent there are sufficient eligible project applica-
tions and projects are consistent with State Intended Use Plans,
not less than 10 percent of the funds made available under
this title to each State for Clean Water State Revolving Fund
capitalization grants shall be used by the State for projects
to address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities:
Provided further, That for fiscal year 2020, funds made avail-
able under this title to each State for Drinking Water State
Revolving Fund capitalization grants may, at the discretion
of each State, be used for projects to address green infrastruc-
ture, water or energy efficiency improvements, or other environ-
mentally innovative activities: Provided further, That notwith-
standing section 603(d)(7) of the Federal Water Pollution Con-
trol Act, the limitation on the amounts in a State water pollu-
tion control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2020 and
prior years where such amounts represent costs of admin-
istering the fund to the extent that such amounts are or were
deemed reasonable by the Administrator, accounted for sepa-
rately from other assets in the fund, and used for eligible
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133 STAT. 2718 PUBLIC LAW 116–94—DEC. 20, 2019
purposes of the fund, including administration: Provided fur-
ther, That for fiscal year 2020, notwithstanding the provisions
of subsections (g)(1), (h), and (l) of section 201 of the Federal
Water Pollution Control Act, grants made under title II of
such Act for American Samoa, Guam, the commonwealth of
the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose
of providing assistance: (1) solely for facility plans, design activi-
ties, or plans, specifications, and estimates for any proposed
project for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or
small commercial establishments: Provided further, That for
fiscal year 2020, notwithstanding the provisions of such sub-
sections (g)(1), (h), and (l) of section 201 and section 518(c)
of the Federal Water Pollution Control Act, funds reserved
by the Administrator for grants under section 518(c) of the
Federal Water Pollution Control Act may also be used to provide
assistance: (1) solely for facility plans, design activities, or
plans, specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for the construc-
tion, repair, or replacement of privately owned treatment works
serving one or more principal residences or small commercial
establishments: Provided further, That for fiscal year 2020,
notwithstanding any provision of the Federal Water Pollution
Control Act and regulations issued pursuant thereof, up to
a total of $2,000,000 of the funds reserved by the Administrator
for grants under section 518(c) of such Act may also be used
for grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act: Provided
further, That for fiscal year 2020, funds reserved under section
518(c) of such Act shall be available for grants only to Indian
tribes, as defined in section 518(h) of such Act and former
Indian reservations in Oklahoma (as determined by the Sec-
retary of the Interior) and Native Villages as defined in Public
Law 92–203: Provided further, That for fiscal year 2020, not-
withstanding the limitation on amounts in section 518(c) of
the Federal Water Pollution Control Act, up to a total of 2
percent of the funds appropriated, or $30,000,000, whichever
is greater, and notwithstanding the limitation on amounts in
section 1452(i) of the Safe Drinking Water Act, up to a total
of 2 percent of the funds appropriated, or $20,000,000, which-
ever is greater, for State Revolving Funds under such Acts
may be reserved by the Administrator for grants under section
518(c) and section 1452(i) of such Acts: Provided further, That
for fiscal year 2020, notwithstanding the amounts specified
in section 205(c) of the Federal Water Pollution Control Act,
up to 1.5 percent of the aggregate funds appropriated for the
Clean Water State Revolving Fund program under the Act
less any sums reserved under section 518(c) of the Act, may
be reserved by the Administrator for grants made under title
II of the Federal Water Pollution Control Act for American
Samoa, Guam, the Commonwealth of the Northern Marianas,
and United States Virgin Islands: Provided further, That for
fiscal year 2020, notwithstanding the limitations on amounts
specified in section 1452(j) of the Safe Drinking Water Act,
Territories.
Territories.
District of
Columbia.
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133 STAT. 2719 PUBLIC LAW 116–94—DEC. 20, 2019
up to 1.5 percent of the funds appropriated for the Drinking
Water State Revolving Fund programs under the Safe Drinking
Water Act may be reserved by the Administrator for grants
made under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds made available
under this title to each State for Clean Water State Revolving
Fund capitalization grants and 14 percent of the funds made
available under this title to each State for Drinking Water
State Revolving Fund capitalization grants shall be used by
the State to provide additional subsidy to eligible recipients
in the form of forgiveness of principal, negative interest loans,
or grants (or any combination of these), and shall be so used
by the State only where such funds are provided as initial
financing for an eligible recipient or to buy, refinance, or
restructure the debt obligations of eligible recipients only where
such debt was incurred on or after the date of enactment
of this Act, or where such debt was incurred prior to the
date of enactment of this Act if the State, with concurrence
from the Administrator, determines that such funds could be
used to help address a threat to public health from heightened
exposure to lead in drinking water or if a Federal or State
emergency declaration has been issued due to a threat to public
health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this
Act: Provided further, That in a State in which such an emer-
gency declaration has been issued, the State may use more
than 14 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund capital-
ization grants to provide additional subsidy to eligible recipi-
ents;
(2) $25,000,000 shall be for architectural, engineering, plan-
ning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission: Provided,
That no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure needs
of the colonias in the United States along the United States-
Mexico border shall be made available to a county or municipal
government unless that government has established an enforce-
able local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any addi-
tional colonia areas, or the development within an existing
colonia the construction of any new home, business, or other
structure which lacks water, wastewater, or other necessary
infrastructure;
(3) $29,186,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be
used for administrative and overhead expenses; and (C) the
State of Alaska shall make awards consistent with the State-
wide priority list established in conjunction with the Agency
and the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Alaska.
Consultation.
Determination.
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133 STAT. 2720 PUBLIC LAW 116–94—DEC. 20, 2019
Water Pollution Control Act (33 U.S.C. 1301) or the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;
(4) $89,000,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA), including grants, inter-
agency agreements, and associated program support costs: Pro-
vided, That at least 10 percent shall be allocated for assistance
in persistent poverty counties: Provided further, That for pur-
poses of this section, the term ‘‘persistent poverty counties’’
means any county that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured
by the 1990 and 2000 decennial censuses and the most recent
Small Area Income and Poverty Estimates, or any territory
or possession of the United States;
(5) $87,000,000 shall be for grants under title VII, subtitle
G of the Energy Policy Act of 2005;
(6) $56,306,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding divi-
sion A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality pro-
gram authorized in section 5004(d) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114–322);
(8) $25,408,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act
(42 U.S.C. 300j–19a);
(9) $26,000,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j–24(d));
(10) $19,511,000 shall be for grants under section 1459B
of the Safe Drinking Water Act (42 U.S.C. 300j–19b);
(11) $3,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j–19a(l));
(12) $12,000,000 shall be for grants under section 104(b)(8)
of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(13) $28,000,000 shall be for grants under section 221
of the Federal Water Pollution Control Act (33 U.S.C. 1301);
(14) $1,000,000 shall be for grants under section 4304(b)
of the America’s Water Infrastructure Act of 2018 (Public Law
115–270); and
(15) $1,075,907,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including activi-
ties pursuant to the provisions set forth under this heading
in Public Law 104–134, and for making grants under section
103 of the Clean Air Act for particulate matter monitoring
and data collection activities subject to terms and conditions
specified by the Administrator, of which: $46,190,000 shall
be for carrying out section 128 of CERCLA; $9,332,000 shall
be for Environmental Information Exchange Network grants,
including associated program support costs; $1,449,000 shall
be for grants to States under section 2007(f)(2) of the Solid
Definition.
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133 STAT. 2721 PUBLIC LAW 116–94—DEC. 20, 2019
Waste Disposal Act, which shall be in addition to funds appro-
priated under the heading ‘‘Leaking Underground Storage Tank
Trust Fund Program’’ to carry out the provisions of the Solid
Waste Disposal Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid Waste
Disposal Act; $17,848,000 of the funds available for grants
under section 106 of the Federal Water Pollution Control Act
shall be for State participation in national- and State-level
statistical surveys of water resources and enhancements to
State monitoring programs; $13,000,000 shall be for multipur-
pose grants, including interagency agreements.
W
ATER
I
NFRASTRUCTURE
F
INANCE AND
I
NNOVATION
P
ROGRAM
A
CCOUNT
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $55,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available
to subsidize gross obligations for the principal amount of direct
loans, including capitalized interest, and total loan principal,
including capitalized interest, any part of which is to be guaranteed,
not to exceed $11,500,000,000: Provided further, That of the funds
made available under this heading, $5,000,000 shall be used solely
for the cost of direct loans and for the cost of guaranteed loans
for projects described in section 5026(9) of the Water Infrastructure
Finance and Innovation Act of 2014 to State infrastructure financing
authorities, as authorized by section 5033(e) of such Act: Provided
further, That the Administrator, together with the Director of the
Office of Management and Budget and the Secretary of the
Treasury, shall jointly develop criteria for project eligibility for
direct loans and loan guarantees authorized by the Water Infra-
structure Finance and Innovation Act of 2014 that limit Federal
participation in a project consistent with the requirements for the
budgetary treatment provided for in section 504 of the Federal
Credit Reform Act of 1990 and based on the recommendations
contained in the 1967 Report of the President’s Commission on
Budget Concepts; and the Administrator, the Director, and the
Secretary, shall, not later than 120 days after the date of enactment
of this Act, publish such criteria in the Federal Register: Provided
further, That, in developing the criteria to be used, the Adminis-
trator, the Director, and the Secretary, shall consult with the
Director of the Congressional Budget Office: Provided further, That
the requirements of section 553 of title 5, United States Code,
shall not apply to the development and publication of such criteria:
Provided further, That the use of direct loans or loan guarantee
authority under this heading for direct loans or commitments to
guarantee loans for any project shall be in accordance with the
criteria published pursuant to this Act: Provided further, That
the Administrator, the Director, and the Secretary, shall also certify,
and publish such certification in the Federal Register, that the
criteria is compliant with this paragraph, at the same time the
Administrator, the Director, and the Secretary, publish the criteria
in the Federal Register: Provided further, That the Administrator
may not issue a Notice of Funding Availability for applications
Certification.
Certification.
Federal Register,
publication.
Consultation.
Criteria.
Deadline.
Federal Register,
publication.
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133 STAT. 2722 PUBLIC LAW 116–94—DEC. 20, 2019
for credit assistance under the Water Infrastructure Finance and
Innovation Act Program in fiscal year 2020 until the criteria have
been developed and published pursuant to the fourth proviso and
certified pursuant to the previous proviso: Provided further, That
none of the direct loans or loan guarantee authority made available
under this heading shall be available for any project unless the
Administrator and the Director of the Office of Management and
Budget have certified in advance in writing that the direct loan
or loan guarantee, as applicable, and the project comply with the
criteria developed and published pursuant to this Act: Provided
further, That the criteria developed and published pursuant to
this Act shall not apply to the use of direct loans or loan guarantee
authority provided by prior appropriations Acts: Provided further,
That not later than 15 days after the date upon which criteria
have been published pursuant to the fourth proviso, the Adminis-
trator shall report to the Committees on Appropriations of the
House of Representatives and Senate, the Committees on Energy
and Commerce and Transportation and Infrastructure of the House
of Representatives, and the Committee on Environment and Public
Works of the Senate on any statutory improvements to the Water
Infrastructure Finance and Innovation Act of 2014 or to the Water
Infrastructure Finance and Innovation Act Program Account’s
appropriations language that would further align such Act and
such language with the budgetary treatment and recommendations
referred to in the fourth proviso: Provided further, That, for the
purposes of carrying out the Congressional Budget Act of 1974,
the Director of the Congressional Budget Office may request, and
the Administrator shall promptly provide, documentation and
information relating to a project identified in a Letter of Interest
submitted to the Administrator pursuant to a Notice of Funding
Availability for applications for credit assistance under the Water
Infrastructure Finance and Innovation Act Program, including with
respect to a project that was initiated or completed before the
date of enactment of this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation
Act of 2014 shall be deposited in this account, to remain available
until expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of
the Water Infrastructure Finance and Innovation Act of 2014,
$5,000,000, to remain available until September 30, 2021.
A
DMINISTRATIVE
P
ROVISIONS
—E
NVIRONMENTAL
P
ROTECTION
A
GENCY
(INCLUDING TRANSFERS OF FUNDS)
For fiscal year 2020, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency,
in carrying out the Agency’s function to implement directly Federal
environmental programs required or authorized by law in the
absence of an acceptable tribal program, may award cooperative
agreements to federally recognized Indian tribes or Intertribal con-
sortia, if authorized by their member tribes, to assist the Adminis-
trator in implementing Federal environmental programs for Indian
tribes required or authorized by law, except that no such cooperative
Reports.
Certification.
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133 STAT. 2723 PUBLIC LAW 116–94—DEC. 20, 2019
agreements may be awarded from funds designated for State finan-
cial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 116–8, the Pesticide
Registration Improvement Extension Act of 2018.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w–8(d)(2)),
the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w–8) for fiscal
year 2020.
The Administrator is authorized to transfer up to $320,000,000
of the funds appropriated for the Great Lakes Restoration Initiative
under the heading ‘‘Environmental Programs and Management’’
to the head of any Federal department or agency, with the concur-
rence of such head, to carry out activities that would support
the Great Lakes Restoration Initiative and Great Lakes Water
Quality Agreement programs, projects, or activities; to enter into
an interagency agreement with the head of such Federal department
or agency to carry out these activities; and to make grants to
governmental entities, nonprofit organizations, institutions, and
individuals for planning, research, monitoring, outreach, and
implementation in furtherance of the Great Lakes Restoration Ini-
tiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction, alteration,
repair, rehabilitation, and renovation of facilities, provided that
the cost does not exceed $150,000 per project.
For fiscal year 2020, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for
any fiscal year under section 319 of the Act to make grants to
Indian tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appro-
priated under the heading ‘‘Environmental Programs and Manage-
ment’’ for fiscal year 2020 to provide grants to implement the
Southeastern New England Watershed Restoration Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not less
than $1,350,000 of the funds made available under this title for
the National Estuary Program shall be for making competitive
awards described in section 320(g)(4).
The fourth paragraph under heading ‘‘Administrative Provi-
sions’’ in title II of Public Law 109–54 is amended by striking
‘‘2020’’ and inserting ‘‘2025’’.
119 Stat. 531;
128 Stat. 2427.
Grants.
Grants.
Fees.
Fees.
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133 STAT. 2724 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND
ENVIRONMENT
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000: Provided, That
funds made available by this Act to any agency in the Natural
Resources and Environment mission area for salaries and expenses
are available to fund up to one administrative support staff for
the office.
F
OREST
S
ERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $305,000,000, to remain available through Sep-
tember 30, 2023: Provided, That of the funds provided, $77,000,000
is for the forest inventory and analysis program: Provided further,
That all authorities for the use of funds, including the use of
contracts, grants, and cooperative agreements, available to execute
the Forest and Rangeland Research appropriation, are also available
in the utilization of these funds for Fire Science Research.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing tech-
nical and financial assistance to States, territories, possessions,
and others, and for forest health management, and conducting
an international program as authorized, $346,990,000, to remain
available through September 30, 2023, as authorized by law; of
which $63,990,000 is to be derived from the Land and Water Con-
servation Fund to be used for the Forest Legacy Program, to remain
available until expended.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, and for hazardous fuels manage-
ment on or adjacent to such lands, $1,957,510,000, to remain avail-
able through September 30, 2023: Provided, That of the funds
provided, $40,000,000 shall be deposited in the Collaborative Forest
Landscape Restoration Fund for ecological restoration treatments
as authorized by 16 U.S.C. 7303(f): Provided further, That of the
funds provided, $373,000,000 shall be for forest products: Provided
further, That of the funds provided, $445,310,000 shall be for haz-
ardous fuels management activities, of which not to exceed
$15,000,000 may be used to make grants, using any authorities
available to the Forest Service under the ‘‘State and Private For-
estry’’ appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands: Pro-
vided further, That $20,000,000 may be used by the Secretary
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133 STAT. 2725 PUBLIC LAW 116–94—DEC. 20, 2019
of Agriculture to enter into procurement contracts or cooperative
agreements or to issue grants for hazardous fuels management
activities, and for training or monitoring associated with such haz-
ardous fuels management activities on Federal land, or on non-
Federal land if the Secretary determines such activities benefit
resources on Federal land: Provided further, That funds made avail-
able to implement the Community Forestry Restoration Act, Public
Law 106–393, title VI, shall be available for use on non-Federal
lands in accordance with authorities made available to the Forest
Service under the ‘‘State and Private Forestry’’ appropriations: Pro-
vided further, That notwithstanding section 33 of the Bankhead
Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agri-
culture, in calculating a fee for grazing on a National Grassland,
may provide a credit of up to 50 percent of the calculated fee
to a Grazing Association or direct permittee for a conservation
practice approved by the Secretary in advance of the fiscal year
in which the cost of the conservation practice is incurred. And,
that the amount credited shall remain available to the Grazing
Association or the direct permittee, as appropriate, in the fiscal
year in which the credit is made and each fiscal year thereafter
for use on the project for conservation practices approved by the
Secretary.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, $455,000,000, to remain available through September
30, 2023, for construction, capital improvement, maintenance and
acquisition of buildings and other facilities and infrastructure; and
for construction, reconstruction, decommissioning of roads that are
no longer needed, including unauthorized roads that are not part
of the transportation system, and maintenance of forest roads and
trails by the Forest Service as authorized by 16 U.S.C. 532–538
and 23 U.S.C. 101 and 205: Provided, That funds becoming available
in fiscal year 2020 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the Treasury
and shall not be available for transfer or obligation for any other
purpose unless the funds are appropriated.
LAND ACQUISITION
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary to carry out the provisions of chapter
2003 of title 54, United States Code, including administrative
expenses, and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the Forest
Service, $78,898,000, to be derived from the Land and Water Con-
servation Fund and to remain available until expended.
Of the unobligated balances from amounts made available for
Forest Service and derived from the Land and Water Conservation
Fund, $2,000,000 is hereby permanently rescinded from projects
with cost savings or failed projects or partially failed that had
funds returned: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
43 USC 1751
note.
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133 STAT. 2726 PUBLIC LAW 116–94—DEC. 20, 2019
or the Balanced Budget and Emergency Deficit Control Act of
1985.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California; and the Ozark-St.
Francis and Ouachita National Forests, Arkansas; as authorized
by law, $700,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant
to Land Sale and Exchange Acts, pursuant to the Act of December
4, 1967 (16 U.S.C. 484a), to remain available through September
30, 2023, (16 U.S.C. 516–617a, 555a; Public Law 96–586; Public
Law 76–589, 76–591; and Public Law 78–310).
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the 16 Western States, pursuant to section
401(b)(1) of Public Law 94–579, to remain available through Sep-
tember 30, 2023, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
GIFTS
,
DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2023, to be derived from
the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
$2,500,000, to remain available through September 30, 2023.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency wildland fire
suppression on or adjacent to such lands or other lands under
fire protection agreement, and for emergency rehabilitation of
burned-over National Forest System lands and water,
$2,350,620,000, to remain available until expended: Provided, That
such funds including unobligated balances under this heading, are
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133 STAT. 2727 PUBLIC LAW 116–94—DEC. 20, 2019
available for repayment of advances from other appropriations
accounts previously transferred for such purposes: Provided further,
That any unobligated funds appropriated in a previous fiscal year
for hazardous fuels management may be transferred to the
‘‘National Forest System’’ account: Provided further, That such
funds shall be available to reimburse State and other cooperating
entities for services provided in response to wildfire and other
emergencies or disasters to the extent such reimbursements by
the Forest Service for non-fire emergencies are fully repaid by
the responsible emergency management agency: Provided further,
That funds provided shall be available for support to Federal emer-
gency response: Provided further, That the costs of implementing
any cooperative agreement between the Federal Government and
any non-Federal entity may be shared, as mutually agreed on
by the affected parties: Provided further, That of the funds provided
under this heading, $1,011,000,000 shall be available for wildfire
suppression operations, and is provided to the meet the terms
of section 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
In addition to the amounts provided under the heading ‘‘Depart-
ment of Agriculture—Forest Service—Wildland Fire Management’’
for wildfire suppression operations, $1,950,000,000, to remain avail-
able until transferred, is additional new budget authority as speci-
fied for purposes of section 251(b)(2)(F) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided, That such
amounts may be transferred to and merged with amounts made
available under the headings ‘‘Department of the Interior—Depart-
ment-Wide Programs—Wildland Fire Management’’ and ‘‘Depart-
ment of Agriculture—Forest Service—Wildland Fire Management’’
for wildfire suppression operations in the fiscal year in which such
amounts are transferred: Provided further, That amounts may be
transferred to the ‘‘Wildland Fire Management’’ accounts in the
Department of the Interior or the Department of Agriculture only
upon the notification of the House and Senate Committees on
Appropriations that all wildfire suppression operations funds appro-
priated under that heading in this and prior appropriations Acts
to the agency to which the funds will be transferred will be obligated
within 30 days: Provided further, That the transfer authority pro-
vided under this heading is in addition to any other transfer
authority provided by law.
COMMUNICATIONS SITE ADMINISTRATION
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law
115–334), as amended by this Act, shall be deposited in the special
account established by section 8705(f)(1) of such Act, shall be avail-
able to cover the costs described in subsection (c)(3) of such section
of such Act, and shall remain available until expended: Provided,
That such amounts shall be transferred to the ‘‘National Forest
System’’ account.
Notification.
Deadline.
Cost sharing.
Reimbursement.
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133 STAT. 2728 PUBLIC LAW 116–94—DEC. 20, 2019
ADMINISTRATIVE PROVISIONS
—
FOREST SERVICE
(INCLUDING TRANSFERS OF FUNDS)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and
hire of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000
for employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7 U.S.C.
2250); (4) acquisition of land, waters, and interests therein pursuant
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and
558a note); (6) the cost of uniforms as authorized by 5 U.S.C.
5901–5902; and (7) for debt collection contracts in accordance with
31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire prepared-
ness due to severe burning conditions upon the Secretary’s notifica-
tion of the House and Senate Committees on Appropriations that
all fire suppression funds appropriated under the heading ‘‘Wildland
Fire Management’’ will be obligated within 30 days: Provided, That
all funds used pursuant to this paragraph must be replenished
by a supplemental appropriation which must be requested as
promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the Depart-
ment of the Interior for wildland fire management, hazardous fuels
management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and
projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary funds
appropriated to the Forest Service by this Act to or within the
National Forest System Account, or reprogram funds to be used
for the purposes of hazardous fuels management and urgent
rehabilitation of burned-over National Forest System lands and
water, such transferred funds shall remain available through Sep-
tember 30, 2023: Provided, That none of the funds transferred
pursuant to this section shall be available for obligation without
written notification to and the prior approval of the Committees
on Appropriations of both Houses of Congress: Provided further,
That this section does not apply to funds derived from the Land
and Water Conservation Fund.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Develop-
ment in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall be avail-
able to support forestry and related natural resource activities
Notification.
Notification.
Time period.
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133 STAT. 2729 PUBLIC LAW 116–94—DEC. 20, 2019
outside the United States and its territories and possessions,
including technical assistance, education and training, and coopera-
tion with U.S., private, and international organizations. The Forest
Service, acting for the International Program, may sign direct
funding agreements with foreign governments and institutions as
well as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical assistance and
training programs overseas on forestry and rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the Interior,
Bureau of Land Management, for removal, preparation, and adop-
tion of excess wild horses and burros from National Forest System
lands, and for the performance of cadastral surveys to designate
the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b) of
the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106–224 (7 U.S.C. 7772), or section
10417(b) of Public Law 107–171 (7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of funds
available to the Forest Service shall be transferred to the Depart-
ment of Agriculture for Department Reimbursable Programs, com-
monly referred to as Greenbook charges. Nothing in this paragraph
shall prohibit or limit the use of reimbursable agreements requested
by the Forest Service in order to obtain information technology
services, including telecommunications and system modifications
or enhancements, from the Working Capital Fund of the Depart-
ment of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conserva-
tion Corps and shall be carried out under the authority of the
Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and represen-
tation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, up to $3,000,000
may be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the Forest
Service mission, without regard to when the Foundation incurs
expenses, for projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$300,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to match funds
made available by the Forest Service on at least a one-for-one
basis: Provided further, That the Foundation may transfer Federal
funds to a Federal or a non-Federal recipient for a project at
the same rate that the recipient has obtained the non-Federal
matching funds.
16 USC 556i.
Wild horses and
burros.
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133 STAT. 2730 PUBLIC LAW 116–94—DEC. 20, 2019
Pursuant to section 2(b)(2) of Public Law 98–244, up to
$3,000,000 of the funds available to the Forest Service may be
advanced to the National Fish and Wildlife Foundation in a lump
sum to aid cost-share conservation projects, without regard to when
expenses are incurred, on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That such
funds shall be matched on at least a one-for-one basis by the
Foundation or its sub-recipients: Provided further, That the Founda-
tion may transfer Federal funds to a Federal or non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable
rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2)
of Public Law 99–663.
Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance
and decommissioning.
Notwithstanding any other provision of law, of any appropria-
tions or funds available to the Forest Service, not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
land purchase negotiations and similar matters unrelated to civil
litigation. Future budget justifications for both the Forest Service
and the Department of Agriculture should clearly display the sums
previously transferred and the sums requested for transfer.
An eligible individual who is employed in any project funded
under title V of the Older Americans Act of 1965 (42 U.S.C. 3056
et seq.) and administered by the Forest Service shall be considered
to be a Federal employee for purposes of chapter 171 of title 28,
United States Code.
Notwithstanding any other provision of this Act, through the
Office of Budget and Program Analysis, the Forest Service shall
report no later than 30 business days following the close of each
fiscal quarter all current and prior year unobligated balances, by
fiscal year, budget line item and account, to the House and Senate
Committees on Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
I
NDIAN
H
EALTH
S
ERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination and Education Assist-
ance Act, the Indian Health Care Improvement Act, and titles
II and III of the Public Health Service Act with respect to the
Reports.
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133 STAT. 2731 PUBLIC LAW 116–94—DEC. 20, 2019
Indian Health Service, $4,315,205,000 to remain available until
September 30, 2021, except as otherwise provided herein, together
with payments received during the fiscal year pursuant to sections
231(b) and 233 of the Public Health Service Act (42 U.S.C. 238(b)
and 238b), for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal organiza-
tions through contracts, grant agreements, or any other agreements
or compacts authorized by the Indian Self-Determination and Edu-
cation Assistance Act of 1975 (25 U.S.C. 450), shall be deemed
to be obligated at the time of the grant or contract award and
thereafter shall remain available to the tribe or tribal organization
without fiscal year limitation: Provided further, That $2,000,000
shall be available for grants or contracts with public or private
institutions to provide alcohol or drug treatment services to Indians,
including alcohol detoxification services: Provided further, That
$964,819,000 for Purchased/Referred Care, including $53,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That of the funds pro-
vided, up to $40,000,000 shall remain available until expended
for implementation of the loan repayment program under section
108 of the Indian Health Care Improvement Act: Provided further,
That of the funds provided, $125,000,000 shall remain available
until expended to supplement funds available for operational costs
at tribal clinics operated under an Indian Self-Determination and
Education Assistance Act compact or contract where health care
is delivered in space acquired through a full service lease, which
is not eligible for maintenance and improvement and equipment
funds from the Indian Health Service, and $58,000,000 shall be
for costs related to or resulting from accreditation emergencies,
including supplementing activities funded under the heading
‘‘Indian Health Facilities,’’ of which up to $4,000,000 may be used
to supplement amounts otherwise available for Purchased/Referred
Care: Provided further, That the amounts collected by the Federal
Government as authorized by sections 104 and 108 of the Indian
Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during
the preceding fiscal year for breach of contracts shall be deposited
in the Fund authorized by section 108A of that Act (25 U.S.C.
1616a–1) and shall remain available until expended and, notwith-
standing section 108A(c) of that Act (25 U.S.C. 1616a–1(c)), funds
shall be available to make new awards under the loan repayment
and scholarship programs under sections 104 and 108 of that Act
(25 U.S.C. 1613a and 1616a): Provided further, That the amounts
made available within this account for the Substance Abuse and
Suicide Prevention Program, for Opioid Prevention, Treatment and
Recovery Services, for the Domestic Violence Prevention Program,
for the Zero Suicide Initiative, for the housing subsidy authority
for civilian employees, for Aftercare Pilot Programs at Youth
Regional Treatment Centers, for transformation and modernization
costs of the Indian Health Service Electronic Health Record system,
for national quality and oversight activities, to improve collections
from public and private insurance at Indian Health Service and
tribally operated facilities, and for accreditation emergencies shall
be allocated at the discretion of the Director of the Indian Health
Service and shall remain available until expended: Provided further,
That funds provided in this Act may be used for annual contracts
and grants that fall within 2 fiscal years, provided the total obliga-
tion is recorded in the year the funds are appropriated: Provided
Time period.
Records.
Allocations.
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133 STAT. 2732 PUBLIC LAW 116–94—DEC. 20, 2019
further, That the amounts collected by the Secretary of Health
and Human Services under the authority of title IV of the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain avail-
able until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII and XIX
of the Social Security Act, except for those related to the planning,
design, or construction of new facilities: Provided further, That
funding contained herein for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain avail-
able until expended: Provided further, That amounts received by
tribes and tribal organizations under title IV of the Indian Health
Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations until
expended: Provided further, That the Bureau of Indian Affairs
may collect from the Indian Health Service, and from tribes and
tribal organizations operating health facilities pursuant to Public
Law 93–638, such individually identifiable health information
relating to disabled children as may be necessary for the purpose
of carrying out its functions under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.): Provided further, That
of the funds provided, $72,280,000 is for the Indian Health Care
Improvement Fund and may be used, as needed, to carry out
activities typically funded under the Indian Health Facilities
account: Provided further, That none of the funds appropriated
by this Act to the Indian Health Service for the Electronic Health
Record system shall be available for obligation or expenditure for
the selection or implementation of a new Information Technology
infrastructure system, unless the Committees on Appropriations
of the House of Representatives and the Senate are consulted
90 days in advance of such obligation.
CONTRACT SUPPORT COSTS
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Edu-
cation Assistance Act agreements with the Indian Health Service
for fiscal year 2020, such sums as may be necessary: Provided,
That notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equip-
ment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and commu-
nity sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act,
and for expenses necessary to carry out such Acts and titles II
and III of the Public Health Service Act with respect to environ-
mental health and facilities support activities of the Indian Health
Service, $911,889,000 to remain available until expended: Provided,
That notwithstanding any other provision of law, funds appro-
priated for the planning, design, construction, renovation or expan-
sion of health facilities for the benefit of an Indian tribe or tribes
Consultation.
Time period.
Reports.
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133 STAT. 2733 PUBLIC LAW 116–94—DEC. 20, 2019
may be used to purchase land on which such facilities will be
located: Provided further, That not to exceed $500,000 may be
used by the Indian Health Service to purchase TRANSAM equip-
ment from the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That none
of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded
with grants by the housing programs of the United States Depart-
ment of Housing and Urban Development: Provided further, That
not to exceed $2,700,000 from this account and the ‘‘Indian Health
Services’’ account may be used by the Indian Health Service to
obtain ambulances for the Indian Health Service and tribal facilities
in conjunction with an existing interagency agreement between
the Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 may be placed in
a Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of Federal
buildings.
ADMINISTRATIVE PROVISIONS
—
INDIAN HEALTH SERVICE
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
at rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary of Health and
Human Services; uniforms or allowances therefor as authorized
by 5 U.S.C. 5901–5902; and for expenses of attendance at meetings
that relate to the functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may be
extended health care at all tribally administered or Indian Health
Service facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651–2653) shall be credited to the account of the facility
providing the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other law
or regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86–121, the Indian Sanitation
Facilities Act and Public Law 93–638: Provided further, That funds
appropriated to the Indian Health Service in this Act, except those
used for administrative and program direction purposes, shall not
be subject to limitations directed at curtailing Federal travel and
transportation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used
for any assessments or charges by the Department of Health and
Human Services unless identified in the budget justification and
provided in this Act, or approved by the House and Senate Commit-
tees on Appropriations through the reprogramming process: Pro-
vided further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized
Assessments.
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133 STAT. 2734 PUBLIC LAW 116–94—DEC. 20, 2019
by title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated
and reobligated to a self-determination contract under title I, or
a self-governance agreement under title V of such Act and thereafter
shall remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the funds
made available to the Indian Health Service in this Act shall
be used to implement the final rule published in the Federal Reg-
ister on September 16, 1987, by the Department of Health and
Human Services, relating to the eligibility for the health care serv-
ices of the Indian Health Service until the Indian Health Service
has submitted a budget request reflecting the increased costs associ-
ated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That with respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those entities
on a reimbursable basis, including payments in advance with subse-
quent adjustment, and the reimbursements received therefrom,
along with the funds received from those entities pursuant to the
Indian Self-Determination Act, may be credited to the same or
subsequent appropriation account from which the funds were origi-
nally derived, with such amounts to remain available until
expended: Provided further, That reimbursements for training, tech-
nical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and over-
head costs associated with the provision of goods, services, or tech-
nical assistance: Provided further, That the Indian Health Service
may provide to civilian medical personnel serving in hospitals oper-
ated by the Indian Health Service housing allowances equivalent
to those that would be provided to members of the Commissioned
Corps of the United States Public Health Service serving in similar
positions at such hospitals: Provided further, That the appropriation
structure for the Indian Health Service may not be altered without
advance notification to the House and Senate Committees on Appro-
priations.
N
ATIONAL
I
NSTITUTES OF
H
EALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For necessary expenses for the National Institute of Environ-
mental Health Sciences in carrying out activities set forth in section
311(a) of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section
126(g) of the Superfund Amendments and Reauthorization Act of
1986, $81,000,000.
A
GENCY FOR
T
OXIC
S
UBSTANCES AND
D
ISEASE
R
EGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set forth
in sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and
section 3019 of the Solid Waste Disposal Act, $76,691,000: Provided,
Notification.
Reimbursements.
Reimbursement.
Regulations.
Budget request.
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133 STAT. 2735 PUBLIC LAW 116–94—DEC. 20, 2019
That notwithstanding any other provision of law, in lieu of per-
forming a health assessment under section 104(i)(6) of CERCLA,
the Administrator of ATSDR may conduct other appropriate health
studies, evaluations, or activities, including, without limitation, bio-
medical testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided further, That
in performing any such health assessment or health study, evalua-
tion, or activity, the Administrator of ATSDR shall not be bound
by the deadlines in section 104(i)(6)(A) of CERCLA: Provided fur-
ther, That none of the funds appropriated under this heading shall
be available for ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2020,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
E
XECUTIVE
O
FFICE OF THE
P
RESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969,
the Environmental Quality Improvement Act of 1970, and Reorga-
nization Plan No. 1 of 1977, and not to exceed $750 for official
reception and representation expenses, $2,994,000: Provided, That
notwithstanding section 202 of the National Environmental Policy
Act of 1970, the Council shall consist of one member, appointed
by the President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and duties
of the Council.
C
HEMICAL
S
AFETY AND
H
AZARD
I
NVESTIGATION
B
OARD
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to
the maximum rate payable for senior level positions under 5 U.S.C.
5376, $12,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That notwith-
standing any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General
of the Board shall utilize personnel of the Office of Inspector General
of EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions within
the Board.
5 USC app. 8G
note.
5 USC app. 8G
note.
Career positions.
Appointment.
President.
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133 STAT. 2736 PUBLIC LAW 116–94—DEC. 20, 2019
O
FFICE OF
N
AVAJO AND
H
OPI
I
NDIAN
R
ELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $7,500,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
a replacement residence off the Navajo reservation or on the land
acquired pursuant to section 11 of Public Law 93–531 (88 Stat.
1716).
I
NSTITUTE OF
A
MERICAN
I
NDIAN AND
A
LASKA
N
ATIVE
C
ULTURE AND
A
RTS
D
EVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A
of title XV of Public Law 99–498 (20 U.S.C. 4411 et seq.),
$10,458,000, which shall become available on July 1, 2020, and
shall remain available until September 30, 2021.
S
MITHSONIAN
I
NSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and perform-
ances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; and purchase, rental,
repair, and cleaning of uniforms for employees, $793,658,000, to
remain available until September 30, 2021, except as otherwise
provided herein; of which not to exceed $6,908,000 for the
instrumentation program, collections acquisition, exhibition re-
installation, and the repatriation of skeletal remains program shall
remain available until expended; and including such funds as may
be necessary to support American overseas research centers: Pro-
vided, That funds appropriated herein are available for advance
Relocation.
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133 STAT. 2737 PUBLIC LAW 116–94—DEC. 20, 2019
payments to independent contractors performing research services
or participating in official Smithsonian presentations: Provided fur-
ther, That the Smithsonian Institution may expend Federal appro-
priations designated in this Act for lease or rent payments, as
rent payable to the Smithsonian Institution, and such rent pay-
ments may be deposited into the general trust funds of the Institu-
tion to be available as trust funds for expenses associated with
the purchase of a portion of the building at 600 Maryland Avenue,
S.W., Washington, D.C. to the extent that Federally supported
activities will be housed there: Provided further, That the use
of such amounts in the general trust funds of the Institution for
such purpose shall not be construed as Federal debt service for,
a Federal guarantee of, a transfer of risk to, or an obligation
of the Federal Government: Provided further, That no appropriated
funds may be used directly to service debt which is incurred to
finance the costs of acquiring a portion of the building at 600
Maryland Avenue, S.W., Washington, D.C., or of planning,
designing, and constructing improvements to such building: Pro-
vided further, That any agreement entered into by the Smithsonian
Institution for the sale of its ownership interest, or any portion
thereof, in such building so acquired may not take effect until
the expiration of a 30 day period which begins on the date on
which the Secretary submits to the Committees on Appropriations
of the House of Representatives and Senate, the Committees on
House Administration and Transportation and Infrastructure of
the House of Representatives, and the Committee on Rules and
Administration of the Senate a report, as outlined in the explana-
tory statement described in section 4 (in the matter preceding
division A of this consolidated Act), on the intended sale.
FACILITIES CAPITAL
For necessary expenses of repair, revitalization, and alteration
of facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of
August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $253,700,000, to remain available until
expended, of which not to exceed $10,000 shall be for services
as authorized by 5 U.S.C. 3109.
N
ATIONAL
G
ALLERY OF
A
RT
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administra-
tive expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress),
including services as authorized by 5 U.S.C. 3109; payment in
advance when authorized by the treasurer of the Gallery for mem-
bership in library, museum, and art associations or societies whose
publications or services are available to members only, or to mem-
bers at a price lower than to the general public; purchase, repair,
and cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C. 5901–
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
Effective date.
Time period.
Reports.
District of
Columbia.
District of
Columbia.
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133 STAT. 2738 PUBLIC LAW 116–94—DEC. 20, 2019
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
may deem proper, $147,022,000, to remain available until Sep-
tember 30, 2021, of which not to exceed $3,660,000 for the special
exhibition program shall remain available until expended.
REPAIR
,
RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, for operating
lease agreements of no more than 10 years, with no extensions
or renewals beyond the 10 years, that address space needs created
by the ongoing renovations in the Master Facilities Plan, as author-
ized, $26,203,000, to remain available until expended: Provided,
That of this amount, $1,000,000 shall be available for design of
an off-site art storage facility in partnership with the Smithsonian
Institution: Provided further, That contracts awarded for environ-
mental systems, protection systems, and exterior repair or renova-
tion of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.
J
OHN
F. K
ENNEDY
C
ENTER FOR THE
P
ERFORMING
A
RTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$25,690,000.
CAPITAL REPAIR AND RESTORATION
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $17,800,000, to remain available
until expended.
W
OODROW
W
ILSON
I
NTERNATIONAL
C
ENTER FOR
S
CHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $14,000,000, to remain available until September 30, 2021.
N
ATIONAL
F
OUNDATION ON THE
A
RTS AND THE
H
UMANITIES
N
ATIONAL
E
NDOWMENT FOR THE
A
RTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $162,250,000 shall
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133 STAT. 2739 PUBLIC LAW 116–94—DEC. 20, 2019
be available to the National Endowment for the Arts for the support
of projects and productions in the arts, including arts education
and public outreach activities, through assistance to organizations
and individuals pursuant to section 5 of the Act, for program
support, and for administering the functions of the Act, to remain
available until expended.
N
ATIONAL
E
NDOWMENT FOR THE
H
UMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $162,250,000 to
remain available until expended, of which $147,750,000 shall be
available for support of activities in the humanities, pursuant to
section 7(c) of the Act and for administering the functions of the
Act; and $14,500,000 shall be available to carry out the matching
grants program pursuant to section 10(a)(2) of the Act, including
$12,500,000 for the purposes of section 7(h): Provided, That appro-
priations for carrying out section 10(a)(2) shall be available for
obligation only in such amounts as may be equal to the total
amounts of gifts, bequests, devises of money, and other property
accepted by the chairman or by grantees of the National Endowment
for the Humanities under the provisions of sections 11(a)(2)(B)
and 11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
A
DMINISTRATIVE
P
ROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may approve
grants of up to $10,000, if in the aggregate the amount of such
grants does not exceed 5 percent of the sums appropriated for
grantmaking purposes per year: Provided further, That such small
grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council on
the Arts to the Chairperson.
C
OMMISSION OF
F
INE
A
RTS
SALARIES AND EXPENSES
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $3,240,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended with-
out further appropriation: Provided further, That the Commission
is authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design
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133 STAT. 2740 PUBLIC LAW 116–94—DEC. 20, 2019
of the Nation’s Capital or the history and activities of the Commis-
sion of Fine Arts, for the purpose of artistic display, study, or
education: Provided further, That one-tenth of one percent of the
funds provided under this heading may be used for official reception
and representation expenses.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956a), $5,000,000.
A
DVISORY
C
OUNCIL ON
H
ISTORIC
P
RESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665), $7,378,000.
N
ATIONAL
C
APITAL
P
LANNING
C
OMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,124,000: Pro-
vided, That one-quarter of 1 percent of the funds provided under
this heading may be used for official reception and representational
expenses associated with hosting international visitors engaged in
the planning and physical development of world capitals.
U
NITED
S
TATES
H
OLOCAUST
M
EMORIAL
M
USEUM
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106–292 (36 U.S.C. 2301–2310), $60,388,000, of
which $715,000 shall remain available until September 30, 2022,
for the Museum’s equipment replacement program; and of which
$2,000,000 for the Museum’s repair and rehabilitation program
and $1,264,000 for the Museum’s outreach initiatives program shall
remain available until expended.
P
RESIDIO
T
RUST
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Omni-
bus Parks and Public Lands Management Act of 1996 (Public Law
104–333), in an amount not to exceed $10,000,000.
D
WIGHT D
. E
ISENHOWER
M
EMORIAL
C
OMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
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133 STAT. 2741 PUBLIC LAW 116–94—DEC. 20, 2019
WOMEN
’
S SUFFRAGE CENTENNIAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Women’s Suffrage Centennial
Commission, as authorized by the Women’s Suffrage Centennial
Commission Act (section 431(a)(3) of division G of Public Law
115–31), $1,000,000, to remain available until expended.
WORLD WAR I CENTENNIAL COMMISSION
SALARIES AND EXPENSES
Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112–272) and the Carl Levin and
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113–291), for necessary expenses
of the World War I Centennial Commission, $7,000,000, to remain
available until September 30, 2021: Provided, That in addition
to the authority provided by section 6(g) of such Act, the World
War I Commission may accept money, in-kind personnel services,
contractual support, or any appropriate support from any executive
branch agency for activities of the Commission.
ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON
NATIVE CHILDREN
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children (referred to in this para-
graph as the ‘‘Commission’’), $500,000, to remain available until
September 30, 2021: Provided, That amounts made available to
the Commission under the heading ‘‘Department of the Interior—
Departmental Operations—Office of the Secretary—Departmental
Operations’’ in division E of the Consolidated Appropriations Act,
2019 (Public Law 116–6) may be transferred to or merged with
such amounts: Provided further, That in addition to the authority
provided by section 3(g)(5) and 3(h) of Public Law 114–244, the
Commission may hereafter accept in-kind personnel services,
contractual support, or any appropriate support from any executive
branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
RESTRICTION ON USE OF FUNDS
S
EC
. 401. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which Congressional
action is not complete other than to communicate to Members
of Congress as described in 18 U.S.C. 1913.
Lobbying.
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133 STAT. 2742 PUBLIC LAW 116–94—DEC. 20, 2019
OBLIGATION OF APPROPRIATIONS
S
EC
. 402. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
DISCLOSURE OF ADMINISTRATIVE EXPENSES
S
EC
. 403. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund
and cost pool charges, from programs, projects, activities and sub-
activities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or cen-
tral operations shall be presented in annual budget justifications
and subject to approval by the Committees on Appropriations of
the House of Representatives and the Senate. Changes to such
estimates shall be presented to the Committees on Appropriations
for approval.
MINING APPLICATIONS
S
EC
. 404. (a) L
IMITATION OF
F
UNDS
.—None of the funds appro-
priated or otherwise made available pursuant to this Act shall
be obligated or expended to accept or process applications for a
patent for any mining or mill site claim located under the general
mining laws.
(b) E
XCEPTIONS
.—Subsection (a) shall not apply if the Secretary
of the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September
30, 1994; and (2) all requirements established under sections 2325
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein
or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section
2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims,
as the case may be, were fully complied with by the applicant
by that date.
(c) R
EPORT
.—On September 30, 2021, the Secretary of the
Interior shall file with the House and Senate Committees on Appro-
priations and the Committee on Natural Resources of the House
and the Committee on Energy and Natural Resources of the Senate
a report on actions taken by the Department under the plan sub-
mitted pursuant to section 314(c) of the Department of the Interior
and Related Agencies Appropriations Act, 1997 (Public Law 104–
208).
(d) M
INERAL
E
XAMINATIONS
.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Director of the Bureau of Land Management to conduct
a mineral examination of the mining claims or mill sites contained
in a patent application as set forth in subsection (b). The Bureau
of Land Management shall have the sole responsibility to choose
and pay the third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
Determination.
Patents and
trademarks.
Budget
estimates.
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133 STAT. 2743 PUBLIC LAW 116–94—DEC. 20, 2019
CONTRACT SUPPORT COSTS
,
PRIOR YEAR LIMITATION
S
EC
. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113–
235) shall continue in effect in fiscal year 2020.
CONTRACT SUPPORT COSTS
,
FISCAL YEAR 2020 LIMITATION
S
EC
. 406. Amounts provided by this Act for fiscal year 2020
under the headings ‘‘Department of Health and Human Services,
Indian Health Service, Contract Support Costs’’ and ‘‘Department
of the Interior, Bureau of Indian Affairs and Bureau of Indian
Education, Contract Support Costs’’ are the only amounts available
for contract support costs arising out of self-determination or self-
governance contracts, grants, compacts, or annual funding agree-
ments for fiscal year 2020 with the Bureau of Indian Affairs,
Bureau of Indian Education, and the Indian Health Service: Pro-
vided, That such amounts provided by this Act are not available
for payment of claims for contract support costs for prior years,
or for repayments of payments for settlements or judgments
awarding contract support costs for prior years.
FOREST MANAGEMENT PLANS
S
EC
. 407. The Secretary of Agriculture shall not be considered
to be in violation of subparagraph 6(f)(5)(A) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)(A)) solely because more than 15 years have passed with-
out revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other
requirement of the Forest and Rangeland Renewable Resources
Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided,
That if the Secretary is not acting expeditiously and in good faith,
within the funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with respect
to such plan and a court of proper jurisdiction may order completion
of the plan on an accelerated basis.
PROHIBITION WITHIN NATIONAL MONUMENTS
S
EC
. 408. No funds provided in this Act may be expended
to conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
LIMITATION ON TAKINGS
S
EC
. 409. Unless otherwise provided herein, no funds appro-
priated in this Act for the acquisition of lands or interests in
lands may be expended for the filing of declarations of taking
or complaints in condemnation without the approval of the House
and Senate Committees on Appropriations: Provided, That this
provision shall not apply to funds appropriated to implement the
16 USC 1604
note.
Extension.
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133 STAT. 2744 PUBLIC LAW 116–94—DEC. 20, 2019
Everglades National Park Protection and Expansion Act of 1989,
or to funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
PROHIBITION ON NO
-
BID CONTRACTS
S
EC
. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used
to enter into any Federal contract unless such contract is entered
into in accordance with the requirements of Chapter 33 of title
41, United States Code, or Chapter 137 of title 10, United States
Code, and the Federal Acquisition Regulation, unless—
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
(2) such contract is authorized by the Indian Self-Deter-
mination and Education Assistance Act (Public Law 93–638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enact-
ment of this Act.
POSTING OF REPORTS
S
EC
. 411. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES
S
EC
. 412. Of the funds provided to the National Endowment
for the Arts—
(1) The Chairperson shall only award a grant to an indi-
vidual if such grant is awarded to such individual for a lit-
erature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs or projects.
Procedures.
Time period.
Web posting.
Public
information.
Determination.
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133 STAT. 2745 PUBLIC LAW 116–94—DEC. 20, 2019
NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES
S
EC
. 413. (a) In providing services or awarding financial assist-
ance under the National Foundation on the Arts and the Human-
ities Act of 1965 from funds appropriated under this Act, the
Chairperson of the National Endowment for the Arts shall ensure
that priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs that
serve underserved populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means a population
of individuals, including urban minorities, who have historically
been outside the purview of arts and humanities programs
due to factors such as a high incidence of income below the
poverty line or to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to
a family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance for
projects, productions, workshops, or programs that will encourage
public knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
STATUS OF BALANCES OF APPROPRIATIONS
S
EC
. 414. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health
Service shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the status
of balances of appropriations including all uncommitted, committed,
and unobligated funds in each program and activity within 60
days of enactment of this Act.
Reports.
Reports.
Definitions.
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133 STAT. 2746 PUBLIC LAW 116–94—DEC. 20, 2019
ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON
NATIVE CHILDREN
S
EC
. 415. Section 3(a) of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children Act (Public Law 114–
244) is amended by striking ‘‘in the Office of Tribal Justice of
the Department of Justice.’’.
FOREST SERVICE COMMUNICATIONS SITE ADMINISTRATION
S
EC
. 416. Subsection (f) of section 8705 of the Agriculture
Improvement Act of 2018 (Public Law 115–334) is amended by
striking paragraph (2) and inserting the following:
‘‘(2) R
EQUIREMENTS FOR FEES COLLECTED
.—Fees collected
by the Forest Service under subsection (c)(3) shall be—
‘‘(A) collected only to the extent provided in advance
in appropriations Acts;
‘‘(B) based on the costs described in subsection (c)(3);
and
‘‘(C) competitively neutral, technology neutral, and non-
discriminatory with respect to other users of the commu-
nications site.’’.
EXTENSION OF GRAZING PERMITS
S
EC
. 417. The terms and conditions of section 325 of Public
Law 108–108 (117 Stat. 1307), regarding grazing permits issued
by the Forest Service on any lands not subject to administration
under section 402 of the Federal Lands Policy and Management
Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2020.
FUNDING PROHIBITION
S
EC
. 418. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
HUMANE TRANSFER AND TREATMENT OF ANIMALS
S
EC
. 419. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, with respect to land administered by
the Bureau of Land Management, or the Secretary of Agriculture,
with respect to land administered by the Forest Service (referred
to in this section as the ‘‘Secretary concerned’’), may transfer excess
wild horses and burros that have been removed from land adminis-
tered by the Secretary concerned to other Federal, State, and local
government agencies for use as work animals.
(b) The Secretary concerned may make a transfer under sub-
section (a) immediately on the request of a Federal, State, or
local government agency.
(c) An excess wild horse or burro transferred under subsection
(a) shall lose status as a wild free-roaming horse or burro (as
defined in section 2 of Public Law 92–195 (commonly known as
the ‘‘Wild Free-Roaming Horses and Burros Act’’) (16 U.S.C. 1332)).
Wild horses and
burros.
Pornography.
43 USC 1761a.
130 Stat. 981.
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133 STAT. 2747 PUBLIC LAW 116–94—DEC. 20, 2019
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall not—
(1) destroy the horse or burro in a manner that results
in the destruction of the horse or burro into a commercial
product;
(2) sell or otherwise transfer the horse or burro in a manner
that results in the destruction of the horse or burro for proc-
essing into a commercial product; or
(3) euthanize the horse or burro, except on the rec-
ommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available
for—
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary concerned
(including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT
AUTHORIZATION EXTENSION
S
EC
. 420. Section 503(f) of Public Law 109–54 (16 U.S.C. 580d
note) shall be applied by substituting ‘‘September 30, 2020’’ for
‘‘September 30, 2019’’.
USE OF AMERICAN IRON AND STEEL
S
EC
. 421. (a)(1) None of the funds made available by a State
water pollution control revolving fund as authorized by section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall
be used for a project for the construction, alteration, maintenance,
or repair of a public water system or treatment works unless
all of the iron and steel products used in the project are produced
in the United States.
(2) In this section, the term ‘‘iron and steel’’ products means
the following products made primarily of iron or steel: lined or
unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints,
valves, structural steel, reinforced precast concrete, and construc-
tion materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental Protection
Agency (in this section referred to as the ‘‘Administrator’’) finds
that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under
this section, the Administrator shall make available to the public
on an informal basis a copy of the request and information available
to the Administrator concerning the request, and shall allow for
Public
information.
Records.
Time period.
Definition.
Applicability.
6 USC 580d note.
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133 STAT. 2748 PUBLIC LAW 116–94—DEC. 20, 2019
informal public input on the request for at least 15 days prior
to making a finding based on the request. The Administrator shall
make the request and accompanying information available by elec-
tronic means, including on the official public Internet Web site
of the Environmental Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking Water
State Revolving Funds for carrying out the provisions described
in subsection (a)(1) for management and oversight of the require-
ments of this section.
RESCISSION OF FUNDS
S
EC
. 422. Any amounts made available for fiscal year 2020
pursuant to section 8705(f)(2) of Public Law 115–334 as amended
by this Act, are hereby rescinded.
JOHN F
.
KENNEDY CENTER REAUTHORIZATION
S
EC
. 423. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b) and
inserting the following:
‘‘(a) M
AINTENANCE
, R
EPAIR
,
AND
S
ECURITY
.—There is author-
ized to be appropriated to the Board to carry out section 4(a)(1)(H),
$25,690,000 for fiscal year 2020.
‘‘(b) C
APITAL
P
ROJECTS
.—There is authorized to be appropriated
to the Board to carry out subparagraphs (F) and (G) of section
4(a)(1), $17,800,000 for fiscal year 2020.’’.
LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANSFERS OF
EXCESS EQUIPMENT AND SUPPLIES FOR WILDFIRES
S
EC
. 424. The Secretary of the Interior is authorized to enter
into grants and cooperative agreements with volunteer fire depart-
ments, rural fire departments, rangeland fire protection associa-
tions, and similar organizations to provide for wildland fire training
and equipment, including supplies and communication devices. Not-
withstanding 121(c) of title 40, United States Code, or section
521 of title 40, United States Code, the Secretary is further author-
ized to transfer title to excess Department of the Interior firefighting
equipment no longer needed to carry out the functions of the Depart-
ment’s wildland fire management program to such organizations.
RECREATION FEES
S
EC
. 425. Section 810 of the Federal Lands Recreation Enhance-
ment Act (16 U.S.C. 6809) shall be applied by substituting ‘‘October
1, 2021’’ for ‘‘September 30, 2019’’.
REPROGRAMMING GUIDELINES
S
EC
. 426. None of the funds made available in this Act, in
this and prior fiscal years, may be reprogrammed without the
Advance
approval.
Applicability.
16 USC 6809
note.
Grants.
Applicability.
Web posting.
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133 STAT. 2749 PUBLIC LAW 116–94—DEC. 20, 2019
advance approval of the House and Senate Committees on Appro-
priations in accordance with the reprogramming procedures con-
tained in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
PROJECT INFORMATION
S
EC
. 427. (a) Within 60 days of the submission of the fiscal
year 2021 budget or by April 1, 2020, whichever comes first, the
Secretary of the Interior and the Secretary of Agriculture shall
submit to the Committees on Appropriations of the House of Rep-
resentatives and the Senate prioritized and detailed lists of Federal
land acquisition projects, and Forest Legacy projects, that have
been identified by each land management Agency.
(b) The Federal land acquisition project lists required by each
Agency in subsection (a) shall include individual projects for the
National Park Service, the U.S. Fish and Wildlife Service, the
Bureau of Land Management, and the U.S. Forest Service, and
shall total for each agency no less than 150 percent of the amount
enacted for that agency for the previous fiscal year.
LOCAL CONTRACTORS
S
EC
. 428. Section 412 of Division E of Public Law 112–74
shall be applied by substituting ‘‘fiscal year 2020’’ for ‘‘fiscal year
2019’’.
SHASTA
-
TRINITY MARINA FEE AUTHORITY AUTHORIZATION EXTENSION
S
EC
. 429. Section 422 of division F of Public Law 110–161
(121 Stat 1844), as amended, shall be applied by substituting ‘‘fiscal
year 2020’’ for ‘‘fiscal year 2019’’.
INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION
S
EC
. 430. Section 426 of division G of Public Law 113–76
(16 U.S.C. 565a–1 note) shall be applied by substituting ‘‘September
30, 2020’’ for ‘‘September 30, 2019’’.
PUERTO RICO SCHOOLING AUTHORIZATION EXTENSION
S
EC
. 431. The authority provided by the 19th unnumbered
paragraph under heading ‘‘Administrative Provisions, Forest
Service’’ in title III of Public Law 109–54, as amended, shall be
applied by substituting ‘‘fiscal year 2020’’ for ‘‘fiscal year 2019’’.
FOREST BOTANICAL PRODUCTS FEE COLLECTION AUTHORIZATION
EXTENSION
S
EC
. 432. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law
by Public Law 106–113; 16 U.S.C. 528 note), as amended by section
335(6) of Public Law 108–108 and section 432 of Public Law 113–
76, shall be applied by substituting ‘‘fiscal year 2020’’ for ‘‘fiscal
year 2019’’.
Applicability.
16 USC 528 note.
Applicability.
16 USC 565a–1
note.
Applicability.
Applicability.
Deadline.
Lists.
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133 STAT. 2750 PUBLIC LAW 116–94—DEC. 20, 2019
ALASKA NATIVE REGIONAL HEALTH ENTITIES AUTHORIZATION
EXTENSION
S
EC
. 433. Section 424(a) of the Consolidated Appropriations
Act, 2014 (Public Law 113–76), as amended by section 428 of
the Consolidated Appropriations Act, 2018 (Public Law 115–141),
shall be applied by substituting ‘‘October 1, 2020’’ for ‘‘October
1, 2019’’.
CHESAPEAKE BAY INITIATIVE
S
EC
. 434. Section 502(c) of the Chesapeake Bay Initiative Act
of 1998 (Public Law 105–312; 54 U.S.C. 320101 note) shall be
applied by substituting ‘‘fiscal year 2020’’ for ‘‘fiscal year 2019’’.
FOREST SERVICE BUDGET RESTRUCTURE
S
EC
. 435. (a) The Secretary of Agriculture shall establish the
‘‘Forest Service Operations’’ account not later than October 1, 2020,
for the necessary expenses of the Forest Service: (1) for the base
salary and expenses of employees in the Chief’s Office, the Work
Environment and Performance Office, the Business Operations
Deputy Area, and the Chief Financial Officer’s Office to carry out
administrative and general management support functions; (2) for
the costs of facility maintenance, repairs, and leases for buildings
and sites; (3) for the costs of utility and communication expenses,
business services, and information technology, including cybersecu-
rity requirements; and (4) for such other administrative support
function expenses necessary for the operation of the Forest Service.
(b) Subsequent to the establishment of the account under sub-
section (a), the Secretary of Agriculture may execute appropriations
of the Department for fiscal year 2021 as provided pursuant to
such subsection, including any continuing appropriations made
available for fiscal year 2021 before enactment of a regular appro-
priations Act.
(c) Notwithstanding any other provision of law, the Secretary
of Agriculture may transfer any unobligated balances made avail-
able to the Forest Service by this or prior appropriations Acts
to the account established under subsection (a) to carry out such
subsection, and shall notify the Committees on Appropriations of
the Senate and the House of Representatives within 5 days of
such transfer: Provided, That no amounts may be transferred from
amounts that were made available for wildfire suppression oper-
ations pursuant to section 251(b)(2)(F) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(d)(1) Not later than November 1, 2020, the Secretary of Agri-
culture shall establish the preliminary baseline for application of
transfer authorities and submit the report specified in paragraph
(2) to the Committees on Appropriations for the Senate and the
House of Representatives.
(2) The report required in this subsection shall include—
(A) a delineation of the amount and account of each
transfer made pursuant to subsection (b) or (c);
(B) a table for each appropriation with a separate
column to display the fiscal year 2020 enacted levels,
adjustments made by Congress, adjustments due to enacted
rescissions, if appropriate, and adjustments made pursuant
Transfer
authority.
Reports.
Notification.
Deadlines.
16 USC 579e.
Applicability.
Applicability.
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133 STAT. 2751 PUBLIC LAW 116–94—DEC. 20, 2019
to the transfer authority in subsection (b) or (c), and the
resulting fiscal year level;
(C) a delineation in the table for each appropriation,
adjusted as described in paragraph (2), both by budget
activity and program, project, and activity as detailed in
the Budget Appendix; and
(D) an identification of funds directed for a specific
activity.
TIMBER SALE REQUIREMENTS
S
EC
. 436. No timber sale in Alaska’s Region 10 shall be adver-
tised if the indicated rate is deficit (defined as the value of the
timber is not sufficient to cover all logging and stumpage costs
and provide a normal profit and risk allowance under the Forest
Service’s appraisal process) when appraised using a residual value
appraisal. The western red cedar timber from those sales which
is surplus to the needs of the domestic processors in Alaska, shall
be made available to domestic processors in the contiguous 48
United States at prevailing domestic prices. All additional western
red cedar volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar may
be sold at prevailing export prices at the election of the timber
sale holder.
PROHIBITION ON USE OF FUNDS
S
EC
. 437. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42 U.S.C.
7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or
methane emissions resulting from biological processes associated
with livestock production.
GREENHOUSE GAS REPORTING RESTRICTIONS
S
EC
. 438. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision requires
mandatory reporting of greenhouse gas emissions from manure
management systems.
FUNDING PROHIBITION
S
EC
. 439. None of the funds made available by this or any
other Act may be used to regulate the lead content of ammunition,
ammunition components, or fishing tackle under the Toxic Sub-
stances Control Act (15 U.S.C. 2601 et seq.) or any other law.
POLICIES RELATING TO BIOMASS ENERGY
S
EC
. 440. To support the key role that forests in the United
States can play in addressing the energy needs of the United
States, the Secretary of Energy, the Secretary of Agriculture, and
the Administrator of the Environmental Protection Agency shall,
consistent with their missions, jointly—
Alaska.
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133 STAT. 2752 PUBLIC LAW 116–94—DEC. 20, 2019
(1) ensure that Federal policy relating to forest bioenergy—
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of forest
biomass as an energy solution, including policies that—
(A) reflect the carbon-neutrality of forest bioenergy
and recognize biomass as a renewable energy source, pro-
vided the use of forest biomass for energy production does
not cause conversion of forests to non-forest use;
(B) encourage private investment throughout the forest
biomass supply chain, including in—
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use forest
biomass.
SMALL REMOTE INCINERATORS
S
EC
. 441. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on March
21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as ‘‘small,
remote incinerator’’ units in those regulations and, until a subse-
quent regulation is issued, the Administrator shall implement the
law and regulations in effect prior to such date.
CHACO CANYON
S
EC
. 442. None of the funds made available by this Act may
be used to accept a nomination for oil and gas leasing under
43 CFR 3120.3 et seq, or to offer for oil and gas leasing, any
Federal lands within the withdrawal area identified on the map
of the Chaco Culture National Historical Park prepared by the
Bureau of Land Management and dated April 2, 2019, prior to
the completion of the cultural resources investigation identified
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
DAVID R
.
OBEY NORTHERN GREAT LAKES VISITOR CENTER
S
EC
. 443. (a) D
ESIGNATION
.—The Northern Great Lakes Visitor
Center located in Ashland, Wisconsin, the title to which is owned
by the Forest Service, shall be known and designated as the ‘‘David
R. Obey Northern Great Lakes Visitor Center’’.
(b) R
EFERENCES
.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘David R. Obey Northern Great Lakes Visitor Center’’.
Wisconsin.
Regulations.
Alaska.
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133 STAT. 2753 PUBLIC LAW 116–94—DEC. 20, 2019
This division may be cited as the ‘‘Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2020’’.
DIVISION E—LEGISLATIVE BRANCH APPROPRIATIONS
ACT, 2020
TITLE I
LEGISLATIVE BRANCH
SENATE
E
XPENSE
A
LLOWANCES
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate, $39,920;
Majority Whip of the Senate, $9,980; Minority Whip of the Senate,
$9,980; President Pro Tempore Emeritus, $15,000; Chairmen of
the Majority and Minority Conference Committees, $4,690 for each
Chairman; and Chairmen of the Majority and Minority Policy
Committees, $4,690 for each Chairman; in all, $189,840.
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all, $28,140.
S
ALARIES
, O
FFICERS AND
E
MPLOYEES
For compensation of officers, employees, and others as author-
ized by law, including agency contributions, $216,321,170, which
shall be paid from this appropriation as follows:
OFFICE OF THE VICE PRESIDENT
For the Office of the Vice President, $2,533,000.
OFFICE OF THE PRESIDENT PRO TEMPORE
For the Office of the President Pro Tempore, $759,000.
OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS
For the Office of the President Pro Tempore Emeritus,
$326,000.
OFFICES OF THE MAJORITY AND MINORITY LEADERS
For Offices of the Majority and Minority Leaders, $5,506,000.
OFFICES OF THE MAJORITY AND MINORITY WHIPS
For Offices of the Majority and Minority Whips, $3,525,000.
COMMITTEE ON APPROPRIATIONS
For salaries of the Committee on Appropriations, $15,793,000.
CONFERENCE COMMITTEES
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
Legislative
Branch
Appropriations
Act, 2020.
2 USC 60a note.
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133 STAT. 2754 PUBLIC LAW 116–94—DEC. 20, 2019
of each such committee, $1,738,000 for each such committee; in
all, $3,476,000.
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY
AND THE CONFERENCE OF THE MINORITY
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $862,000.
POLICY COMMITTEES
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,776,000 for each such committee; in all,
$3,552,000.
OFFICE OF THE CHAPLAIN
For Office of the Chaplain, $510,000.
OFFICE OF THE SECRETARY
For Office of the Secretary, $26,818,000.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
For Office of the Sergeant at Arms and Doorkeeper,
$85,867,000.
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY
For Offices of the Secretary for the Majority and the Secretary
for the Minority, $1,940,000.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES
For agency contributions for employee benefits, as authorized
by law, and related expenses, $64,854,170.
O
FFICE OF THE
L
EGISLATIVE
C
OUNSEL OF THE
S
ENATE
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,397,000.
O
FFICE OF
S
ENATE
L
EGAL
C
OUNSEL
For salaries and expenses of the Office of Senate Legal Counsel,
$1,197,000.
E
XPENSE
A
LLOWANCES OF THE
S
ECRETARY OF THE
S
ENATE
, S
ER
-
GEANT AT
A
RMS AND
D
OORKEEPER OF THE
S
ENATE
,
AND
S
ECRE
-
TARIES FOR THE
M
AJORITY AND
M
INORITY OF THE
S
ENATE
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary
for the Majority of the Senate, $7,110; Secretary for the Minority
of the Senate, $7,110; in all, $28,440.
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133 STAT. 2755 PUBLIC LAW 116–94—DEC. 20, 2019
C
ONTINGENT
E
XPENSES OF THE
S
ENATE
INQUIRIES AND INVESTIGATIONS
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96–304), and
Senate Resolution 281, 96th Congress, agreed to March 11, 1980,
$133,265,000, of which $26,650,000 shall remain available until
September 30, 2022.
U
.
S
.
SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL
For expenses of the United States Senate Caucus on Inter-
national Narcotics Control, $508,000.
SECRETARY OF THE SENATE
For expenses of the Office of the Secretary of the Senate,
$14,536,000 of which $11,436,000 shall remain available until Sep-
tember 30, 2024 and of which $3,100,000 shall remain available
until expended.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
For expenses of the Office of the Sergeant at Arms and Door-
keeper of the Senate, $128,753,000, which shall remain available
until September 30, 2024.
MISCELLANEOUS ITEMS
For miscellaneous items, $18,871,410 which shall remain avail-
able until September 30, 2022.
SENATORS
’
OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT
For Senators’ Official Personnel and Office Expense Account,
$449,000,000 of which $20,128,950 shall remain available until
September 30, 2022 and of which $6,000,000 shall be allocated
solely for the purpose of providing financial compensation to Senate
interns.
OFFICIAL MAIL COSTS
For expenses necessary for official mail costs of the Senate,
$300,000.
A
DMINISTRATIVE
P
ROVISION
REQUIRING AMOUNTS REMAINING IN SENATORS
’
OFFICIAL PERSONNEL
AND OFFICE EXPENSE ACCOUNT TO BE USED FOR DEFICIT REDUC
-
TION OR TO REDUCE THE FEDERAL DEBT
S
EC
. 101. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading ‘‘SENATE’’
under the heading ‘‘C
ONTINGENT
E
XPENSES OF THE
S
ENATE
’’ under
the heading ‘‘
SENATORS
’
OFFICIAL PERSONNEL AND OFFICE EXPENSE
ACCOUNT
’’ shall be available for obligation only during the fiscal
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133 STAT. 2756 PUBLIC LAW 116–94—DEC. 20, 2019
year or fiscal years for which such amounts are made available.
Any unexpended balances under such allowances remaining after
the end of the period of availability shall be returned to the
Treasury in accordance with the undesignated paragraph under
the center heading ‘‘GENERAL PROVISION’’ under chapter XI
of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107)
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
HOUSE OF REPRESENTATIVES
S
ALARIES AND
E
XPENSES
For salaries and expenses of the House of Representatives,
$1,370,725,000, as follows:
H
OUSE
L
EADERSHIP
O
FFICES
For salaries and expenses, as authorized by law, $28,884,000,
including: Office of the Speaker, $8,295,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,947,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $8,295,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$2,448,000, including $5,000 for official expenses of the Majority
Whip; Office of the Minority Whip, including the Chief Deputy
Minority Whip, $2,219,000, including $5,000 for official expenses
of the Minority Whip; Republican Conference, $2,340,000; Demo-
cratic Caucus, $2,340,000: Provided, That such amount for salaries
and expenses shall remain available from January 3, 2020 until
January 2, 2021.
M
EMBERS
’ R
EPRESENTATIONAL
A
LLOWANCES
I
NCLUDING
M
EMBERS
’ C
LERK
H
IRE
, O
FFICIAL
E
XPENSES OF
M
EMBERS
,
AND
O
FFICIAL
M
AIL
For Members’ representational allowances, including Members’
clerk hire, official expenses, and official mail, $615,000,000.
A
LLOWANCE FOR
C
OMPENSATION OF
I
NTERNS IN
M
EMBER
O
FFICES
For the allowance established under section 120 of the Legisla-
tive Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the
compensation of interns who serve in the offices of Members of
the House of Representatives, $11,025,000, to remain available
through December 31, 2020: Provided, That notwithstanding section
120(b) of such Act, an office of a Member of the House of Representa-
tives may use not more than $25,000 of the allowance available
under this heading during calendar year 2020.
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133 STAT. 2757 PUBLIC LAW 116–94—DEC. 20, 2019
A
LLOWANCE FOR
C
OMPENSATION OF
I
NTERNS IN
H
OUSE
L
EADERSHIP
O
FFICES
For the allowance established under section 113 of this Act
for the compensation of interns who serve in House leadership
offices, $365,000, to remain available through December 31, 2020:
Provided, That of the amount provided under this heading, $200,000
shall be available for the compensation of interns who serve in
House leadership offices of the majority, to be allocated among
such offices by the Speaker of the House of Representatives, and
$165,000 shall be available for the compensation of interns who
serve in House leadership offices of the minority, to be allocated
among such offices by the Minority Floor Leader.
C
OMMITTEE
E
MPLOYEES
S
TANDING
C
OMMITTEES
, S
PECIAL AND
S
ELECT
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $135,359,000: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2020, except that $2,850,000 of such
amount shall remain available until expended for committee room
upgrading.
C
OMMITTEE ON
A
PPROPRIATIONS
For salaries and expenses of the Committee on Appropriations,
$24,269,000, including studies and examinations of executive agen-
cies and temporary personal services for such committee, to be
expended in accordance with section 202(b) of the Legislative
Reorganization Act of 1946 and to be available for reimbursement
to agencies for services performed: Provided, That such amount
shall remain available for such salaries and expenses until
December 31, 2020.
S
ALARIES
, O
FFICERS AND
E
MPLOYEES
For compensation and expenses of officers and employees, as
authorized by law, $231,903,000, including: for salaries and
expenses of the Office of the Clerk, including the positions of the
Chaplain and the Historian, and including not more than $25,000
for official representation and reception expenses, of which not
more than $20,000 is for the Family Room and not more than
$2,000 is for the Office of the Chaplain, $30,766,000, of which
$1,500,000 shall remain available until expended; for salaries and
expenses of the Office of the Sergeant at Arms, including the
position of Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official rep-
resentation and reception expenses, $20,225,000, of which
$10,267,000 shall remain available until expended; for salaries and
expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception
expenses, $153,550,000, of which $11,639,000 shall remain available
until expended; for salaries and expenses of the Office of Diversity
and Inclusion, $1,000,000; for salaries and expenses of the Office
of the Whistleblower Ombudsman, $750,000; for salaries and
expenses of the Office of the Inspector General, $5,019,000; for
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133 STAT. 2758 PUBLIC LAW 116–94—DEC. 20, 2019
salaries and expenses of the Office of General Counsel, $1,751,000;
for salaries and expenses of the Office of the Parliamentarian,
including the Parliamentarian, $2,000 for preparing the Digest
of Rules, and not more than $1,000 for official representation and
reception expenses, $2,088,000; for salaries and expenses of the
Office of the Law Revision Counsel of the House, $3,419,000; for
salaries and expenses of the Office of the Legislative Counsel of
the House, $11,937,000; for salaries and expenses of the Office
of Interparliamentary Affairs, $814,000; for other authorized
employees, $584,000.
A
LLOWANCES AND
E
XPENSES
For allowances and expenses as authorized by House resolution
or law, $323,920,000, including: supplies, materials, administrative
costs and Federal tort claims, $1,526,000; official mail for commit-
tees, leadership offices, and administrative offices of the House,
$190,000; Government contributions for health, retirement, Social
Security, and other applicable employee benefits, $294,377,000, to
remain available until March 31, 2021; salaries and expenses for
Business Continuity and Disaster Recovery, $17,668,000, of which
$5,000,000 shall remain available until expended; transition activi-
ties for new members and staff, $4,489,000, to remain available
until expended; Wounded Warrior Program and the Congressional
Gold Star Family Fellowship Program, $3,000,000, to remain avail-
able until expended; Office of Congressional Ethics, $1,670,000;
and miscellaneous items including purchase, exchange, mainte-
nance, repair and operation of House motor vehicles, inter-
parliamentary receptions, and gratuities to heirs of deceased
employees of the House, $1,000,000.
A
DMINISTRATIVE
P
ROVISIONS
REQUIRING AMOUNTS REMAINING IN MEMBERS
’
REPRESENTATIONAL
ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE
THE FEDERAL DEBT
S
EC
. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ‘‘HOUSE OF REP-
RESENTATIVES—S
ALARIES AND
E
XPENSES
—M
EMBERS
’ R
EPRESEN
-
TATIONAL
A
LLOWANCES
’’ shall be available only for fiscal year 2020.
Any amount remaining after all payments are made under such
allowances for fiscal year 2020 shall be deposited in the Treasury
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations to
carry out this section.
(c) As used in this section, the term ‘‘Member of the House
of Representatives’’ means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
Definition.
Regulations.
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133 STAT. 2759 PUBLIC LAW 116–94—DEC. 20, 2019
LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES
S
EC
. 111. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of Rep-
resentatives to make any payments from any Members’ Representa-
tional Allowance for the leasing of a vehicle, excluding mobile
district offices, in an aggregate amount that exceeds $1,000 for
the vehicle in any month.
ALLOWANCE FOR COMPENSATION OF INTERNS IN MEMBER OFFICES
S
EC
. 112. (a) Section 120(f) of the Legislative Branch Appropria-
tions Act, 2019 (2 U.S.C. 5322a(f)) is amended by striking the
period at the end and inserting the following: ‘‘, and such sums
as may be necessary for fiscal year 2020 and each succeeding
fiscal year.’’.
(b) Section 101(c)(2) of the Legislative Branch Appropriations
Act, 1993 (2 U.S.C. 5507(c)(2)) is amended by striking ‘‘and ‘Office
of the Attending Physician’.’’ and inserting ‘‘ ‘Office of the Attending
Physician’, and ‘Allowance for Compensation of Interns in Member
Offices’.’’.
(c) The amendments made by this section shall take effect
as if included in the enactment of section 120 of the Legislative
Branch Appropriations Act, 2019 (2 U.S.C. 5322a).
ALLOWANCE FOR COMPENSATION OF INTERNS IN HOUSE LEADERSHIP
OFFICES
S
EC
. 113. (a) There is established for the House of Representa-
tives an allowance which shall be available for the compensation
of interns who serve in House leadership offices.
(b) Section 104(b) of the House of Representatives Administra-
tive Reform Technical Corrections Act (2 U.S.C. 5321(b)) shall apply
with respect to an intern who is compensated under the allowance
under this section in the same manner as such section applies
with respect to an intern who is compensated under the Members’
Representational Allowance.
(c) In this section—
(1) the term ‘‘House leadership office’’ means, with respect
to a fiscal year, any office for which the appropriation for
salaries and expenses of the office for the fiscal year is provided
under the heading ‘‘House Leadership Offices’’ in the Act
making appropriations for the Legislative Branch for the fiscal
year; and
(2) term ‘‘intern’’, with respect to a House leadership office,
has the meaning given such term with respect to a Member
of the House of Representatives in section 104(c)(2) of the
House of Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 5321(c)(2)).
(d) There are authorized to be appropriated to carry out this
section such sums as may be necessary for fiscal year 2020 and
each succeeding fiscal year.
(e) Section 101(c)(2) of the Legislative Branch Appropriations
Act, 1993 (2 U.S.C. 5507(c)(2)), as amended by section 112(b), is
further amended by striking ‘‘, and ‘Allowance for Compensation
of Interns in Member Offices’.’’ and inserting ‘‘, ‘Allowance for
Compensation of Interns in Member Offices’, and ‘Allowance for
Compensation of Interns in House Leadership Offices’.’’.
Definitions.
Applicability.
2 USC 5106.
2 USC 5322a
note.
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133 STAT. 2760 PUBLIC LAW 116–94—DEC. 20, 2019
(f) This section and the amendments made by this section
shall apply with respect to fiscal year 2020 and each succeeding
fiscal year.
CYBERSECURITY ASSISTANCE FOR HOUSE OF REPRESENTATIVES
S
EC
. 114. The head of any Federal entity that provides assist-
ance to the House of Representatives in the House’s efforts to
deter, prevent, mitigate, or remediate cybersecurity risks to, and
incidents involving, the information systems of the House shall
take all necessary steps to ensure the constitutional integrity of
the separate branches of the government at all stages of providing
the assistance, including applying minimization procedures to limit
the spread or sharing of privileged House and Member information.
RESCISSIONS OF FUNDS
S
EC
. 115. (a) Of the unobligated balances available from prior
appropriations Acts from the revolving fund established under
House Resolution 94, Ninety-Eighth Congress, agreed to February
8, 1983, as enacted into permanent law by section 110 of the
Congressional Operations Appropriations Act, 1984 (2 U.S.C. 4917),
$1,000,000 is hereby rescinded.
(b) Of the unobligated balances available from prior appropria-
tions Acts from the revolving fund established in the item relating
to ‘‘Stationery’’ under the heading ‘‘House of Representatives,
Contingent Expenses of the House’’ in the first section of the Legis-
lative Branch Appropriation Act, 1948 (2 U.S.C. 5534), $4,000,000
is hereby rescinded.
USE OF AVAILABLE BALANCES OF EXPIRED APPROPRIATIONS
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 116. (a) Subject to section 119 of the Legislative Branch
Appropriations Act, 2018 (2 U.S.C. 5511), available balances of
expired appropriations for the House of Representatives shall be
available to the House of Representatives—
(1) for the payment of a death gratuity which is specifically
appropriated by law and which is made in connection with
the death of an employee of the House of Representatives,
without regard to the fiscal year in which the payment is
made; and
(2) for deposit into the account established under section
109 of the Legislative Branch Appropriations Act, 1998 (2
U.S.C. 5508) for making payments of the House of Representa-
tives to the Employees’ Compensation Fund under section 8147
of title 5, United States Code, and for reimbursing the Secretary
of Labor for any amounts paid with respect to unemployment
compensation payments for former employees of the House.
(b) This section shall apply with respect to funds appropriated
or otherwise made available in fiscal year 2020 and each succeeding
fiscal year.
Applicability.
2 USC 5512.
Applicability.
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133 STAT. 2761 PUBLIC LAW 116–94—DEC. 20, 2019
REDUCTION IN AMOUNT OF TUITION CHARGED FOR CHILDREN OF
EMPLOYEES OF HOUSE CHILD CARE CENTER
S
EC
. 117. (a) Section 312(d) of the Legislative Branch Appro-
priations Act, 1992 (2 U.S.C. 2062(d)) is amended by adding at
the end the following new paragraph:
‘‘(4) In the case of a child of an employee of the center
who is furnished care at the center, the Chief Administrative
Officer shall reduce the amount of tuition otherwise charged
with respect to such child during a month by the greater
of—
‘‘(A) 50 percent; or
‘‘(B) such percentage as may be necessary to ensure
that the total amount of tuition paid by the employee
with respect to all children of the employee who are fur-
nished care at the center during the month does not exceed
$1,000.’’.
(b) Section 312(d)(2) of such Act (2 U.S.C. 2062(d)(2)) is
amended by inserting after ‘‘similar benefits and programs’’ the
following: ‘‘(including the subsidies provided on behalf of employees
of the center as a result of reductions in the amount of tuition
otherwise charged with respect to children of such employees under
paragraph (4))’’.
(c) The amendments made by this section shall apply with
respect to fiscal year 2020 and each succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
J
OINT
E
CONOMIC
C
OMMITTEE
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
J
OINT
C
ONGRESSIONAL
C
OMMITTEE ON
I
NAUGURAL
C
EREMONIES OF
2021
For salaries and expenses associated with conducting the inau-
gural ceremonies of the President and Vice President of the United
States, January 20, 2021, in accordance with such program as
may be adopted by the joint congressional committee authorized
to conduct the inaugural ceremonies of 2021, $1,500,000 to be
disbursed by the Secretary of the Senate and to remain available
until September 30, 2021: Provided, That funds made available
under this heading shall be available for payment, on a direct
or reimbursable basis, whether incurred on, before, or after, October
1, 2020: Provided further, That the compensation of any employee
of the Committee on Rules and Administration of the Senate who
has been designated to perform service with respect to the inaugural
ceremonies of 2021 shall continue to be paid by the Committee
on Rules and Administration, but the account from which such
staff member is paid may be reimbursed for the services of the
staff member out of funds made available under this heading:
Provided further, That there are authorized to be paid from the
appropriations account for ‘‘Expenses of Inquiries and Investiga-
tions’’ of the Senate such sums as may be necessary, without
Applicability.
2 USC 2062 note.
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133 STAT. 2762 PUBLIC LAW 116–94—DEC. 20, 2019
fiscal year limitation, for agency contributions related to the com-
pensation of employees of the joint congressional committee.
J
OINT
C
OMMITTEE ON
T
AXATION
For salaries and expenses of the Joint Committee on Taxation,
$11,563,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
For other joint items, as follows:
O
FFICE OF THE
A
TTENDING
P
HYSICIAN
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and
$580 per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,800,000 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician, which shall
be advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and other
expenses are payable and shall be available for all the purposes
thereof, $3,868,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.
O
FFICE OF
C
ONGRESSIONAL
A
CCESSIBILITY
S
ERVICES
S
ALARIES AND
E
XPENSES
For salaries and expenses of the Office of Congressional Accessi-
bility Services, $1,509,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
S
ALARIES
For salaries of employees of the Capitol Police, including over-
time, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $379,062,000 of which overtime
shall not exceed $47,048,000 unless the Committee on Appropria-
tions of the House and Senate are notified, to be disbursed by
the Chief of the Capitol Police or his designee.
G
ENERAL
E
XPENSES
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment
and installation, uniforms, weapons, supplies, materials, training,
Notification.
Reimbursement.
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133 STAT. 2763 PUBLIC LAW 116–94—DEC. 20, 2019
medical services, forensic services, stenographic services, personal
and professional services, the employee assistance program, the
awards program, postage, communication services, travel advances,
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol Police
in connection with official representation and reception expenses,
$85,279,000, to be disbursed by the Chief of the Capitol Police
or his designee: Provided, That, notwithstanding any other provision
of law, the cost of basic training for the Capitol Police at the
Federal Law Enforcement Training Center for fiscal year 2020
shall be paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
A
DMINISTRATIVE
P
ROVISION
S
EC
. 120. Section 908(c) of the Emergency Supplemental Act,
2002 (2 U.S.C. 1926(c)), is amended by striking ‘‘$40,000’’ and
inserting ‘‘$60,000’’.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
S
ALARIES AND
E
XPENSES
For salaries and expenses necessary for the operation of the
Office of Congressional Workplace Rights, $6,333,000, of which
$1,000,000 shall remain available until September 30, 2021, and
of which not more than $1,000 may be expended on the certification
of the Executive Director in connection with official representation
and reception expenses.
CONGRESSIONAL BUDGET OFFICE
S
ALARIES AND
E
XPENSES
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
be expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and recep-
tion expenses, $54,941,000: Provided, That the Director shall use
not less than $500,000 of the amount made available under this
heading for (1) improving technical systems, processes, and models
for the purpose of improving the transparency of estimates of budg-
etary effects to Members of Congress, employees of Members of
Congress, and the public, and (2) to increase the availability of
models, economic assumptions, and data for Members of Congress,
employees of Members of Congress, and the public.
ARCHITECT OF THE CAPITOL
C
APITAL
C
ONSTRUCTION AND
O
PERATIONS
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
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133 STAT. 2764 PUBLIC LAW 116–94—DEC. 20, 2019
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House
office buildings, and other facilities under the jurisdiction of the
Architect of the Capitol; including furnishings and office equipment;
including not more than $5,000 for official reception and representa-
tion expenses, to be expended as the Architect of the Capitol may
approve; for purchase or exchange, maintenance, and operation
of a passenger motor vehicle, $120,000,000.
C
APITOL
B
UILDING
For all necessary expenses for the maintenance, care and oper-
ation of the Capitol, $68,878,000, of which $40,899,000 shall remain
available until September 30, 2024.
C
APITOL
G
ROUNDS
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings,
and the Capitol Power Plant, $15,024,000, of which $3,000,000
shall remain available until September 30, 2024.
S
ENATE
O
FFICE
B
UILDINGS
For all necessary expenses for the maintenance, care and oper-
ation of Senate office buildings; and furniture and furnishings to
be expended under the control and supervision of the Architect
of the Capitol, $88,424,000, of which $23,100,000 shall remain
available until September 30, 2024.
H
OUSE
O
FFICE
B
UILDINGS
(INCLUDING TRANSFER OF FUNDS)
For all necessary expenses for the maintenance, care and oper-
ation of the House office buildings, $153,273,000, of which
$30,300,000 shall remain available until September 30, 2024, and
of which $62,000,000 shall remain available until expended for
the restoration and renovation of the Cannon House Office Building:
Provided, That of the amount made available under this heading,
$8,000,000 shall be derived by transfer from the House Office
Building Fund established under section 176(d) of the Continuing
Appropriations Act, 2017, as added by section 101(3) of the Further
Continuing Appropriation Act, 2017 (Public Law 114–254; 2 U.S.C.
2001 note).
C
APITOL
P
OWER
P
LANT
For all necessary expenses for the maintenance, care and oper-
ation of the Capitol Power Plant; lighting, heating, power (including
the purchase of electrical energy) and water and sewer services
for the Capitol, Senate and House office buildings, Library of Con-
gress buildings, and the grounds about the same, Botanic Garden,
Senate garage, and air conditioning refrigeration not supplied from
plants in any of such buildings; heating the Government Publishing
Office and Washington City Post Office, and heating and chilled
water for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal Judiciary
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133 STAT. 2765 PUBLIC LAW 116–94—DEC. 20, 2019
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $98,957,000, of
which $15,300,000 shall remain available until September 30, 2024:
Provided, That not more than $10,000,000 of the funds credited
or to be reimbursed to this appropriation as herein provided shall
be available for obligation during fiscal year 2020.
L
IBRARY
B
UILDINGS AND
G
ROUNDS
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $55,746,000, of which $25,200,000 shall remain available
until September 30, 2024.
C
APITOL
P
OLICE
B
UILDINGS
, G
ROUNDS AND
S
ECURITY
For all necessary expenses for the maintenance, care and oper-
ation of buildings, grounds and security enhancements of the United
States Capitol Police, wherever located, the Alternate Computing
Facility, and Architect of the Capitol security operations,
$55,216,000, of which $28,000,000 shall remain available until Sep-
tember 30, 2024.
B
OTANIC
G
ARDEN
For all necessary expenses for the maintenance, care and oper-
ation of the Botanic Garden and the nurseries, buildings, grounds,
and collections; and purchase and exchange, maintenance, repair,
and operation of a passenger motor vehicle; all under the direction
of the Joint Committee on the Library, $16,094,000, of which
$4,000,000 shall remain available until September 30, 2024: Pro-
vided, That, of the amount made available under this heading,
the Architect of the Capitol may obligate and expend such sums
as may be necessary for the maintenance, care and operation of
the National Garden established under section 307E of the Legisla-
tive Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers
approved by the Architect of the Capitol or a duly authorized
designee.
C
APITOL
V
ISITOR
C
ENTER
For all necessary expenses for the operation of the Capitol
Visitor Center, $24,321,000.
A
DMINISTRATIVE
P
ROVISION
NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR OVER BUDGET
S
EC
. 130. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or programs
for which the contractor is behind schedule or over budget, unless
the Architect of the Capitol, or agency-employed designee, deter-
mines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program.
Determination.
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133 STAT. 2766 PUBLIC LAW 116–94—DEC. 20, 2019
LIBRARY OF CONGRESS
S
ALARIES AND
E
XPENSES
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library’s catalogs; custody and custodial care of the Library
buildings; information technology services provided centrally; spe-
cial clothing; cleaning, laundering and repair of uniforms; preserva-
tion of motion pictures in the custody of the Library; operation
and maintenance of the American Folklife Center in the Library;
preparation and distribution of catalog records and other publica-
tions of the Library; hire or purchase of one passenger motor
vehicle; and expenses of the Library of Congress Trust Fund Board
not properly chargeable to the income of any trust fund held by
the Board, $504,164,000, of which not more than $6,000,000 shall
be derived from collections credited to this appropriation during
fiscal year 2020, and shall remain available until expended, under
the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C.
150): Provided, That the Library of Congress may not obligate
or expend any funds derived from collections under the Act of
June 28, 1902, in excess of the amount authorized for obligation
or expenditure in appropriations Acts: Provided further, That the
total amount available for obligation shall be reduced by the amount
by which collections are less than $6,000,000: Provided further,
That of the total amount appropriated, not more than $18,000
may be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception expenses,
including for the Overseas Field Offices: Provided further, That
of the total amount appropriated, $9,110,000 shall remain available
until expended for the digital collections and educational curricula
program: Provided further, That of the total amount appropriated,
$1,350,000 shall remain available until expended for upgrade of
the Legislative Branch Financial Management System: Provided
further, That of the total amount appropriated, $250,000 shall
remain available until expended for the Surplus Books Program
to promote the program and facilitate a greater number of donations
to eligible entities across the United States: Provided further, That
of the total amount appropriated, $3,587,000 shall remain available
until expended for the Veterans History Project to continue
digitization efforts of already collected materials, reach a greater
number of veterans to record their stories, and promote public
access to the Project: Provided further, That of the total amount
appropriated, $10,000,000 shall remain available until expended
for the development of the Library’s Visitor Experience project,
and may be obligated and expended only upon approval by the
Subcommittee on the Legislative Branch of the Committee on
Appropriations of the House of Representatives and by the Sub-
committee on the Legislative Branch of the Committee on Appro-
priations of the Senate.
C
OPYRIGHT
O
FFICE
SALARIES AND EXPENSES
For all necessary expenses of the Copyright Office, $91,840,000,
of which not more than $43,221,000, to remain available until
Certification.
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133 STAT. 2767 PUBLIC LAW 116–94—DEC. 20, 2019
expended, shall be derived from collections credited to this appro-
priation during fiscal year 2020 under sections 708(d) and 1316
of title 17, United States Code: Provided, That the Copyright Office
may not obligate or expend any funds derived from collections
under such section in excess of the amount authorized for obligation
or expenditure in appropriations Acts: Provided further, That not
more than $6,482,000 shall be derived from collections during fiscal
year 2020 under sections 111(d)(2), 119(b)(3), 803(e), and 1005
of such title: Provided further, That the total amount available
for obligation shall be reduced by the amount by which collections
are less than $49,703,000: Provided further, That of the funds
provided under this heading, not less than $17,100,000 is for mod-
ernization initiatives, of which $10,000,000 shall remain available
until September 30, 2021: Provided further, That not more than
$100,000 of the amount appropriated is available for the mainte-
nance of an ‘‘International Copyright Institute’’ in the Copyright
Office of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property laws and
policies: Provided further, That not more than $6,500 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for
activities of the International Copyright Institute and for copyright
delegations, visitors, and seminars: Provided further, That, notwith-
standing any provision of chapter 8 of title 17, United States Code,
any amounts made available under this heading which are attrib-
utable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title
may be used for the costs incurred in the administration of the
Copyright Royalty Judges program, with the exception of the costs
of salaries and benefits for the Copyright Royalty Judges and staff
under section 802(e).
C
ONGRESSIONAL
R
ESEARCH
S
ERVICE
SALARIES AND EXPENSES
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166)
and to revise and extend the Annotated Constitution of the United
States of America, $120,495,000: Provided, That no part of such
amount may be used to pay any salary or expense in connection
with any publication, or preparation of material therefor (except
the Digest of Public General Bills), to be issued by the Library
of Congress unless such publication has obtained prior approval
of either the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration
of the Senate: Provided further, That this prohibition does not
apply to publication of non-confidential Congressional Research
Service (CRS) products: Provided further, That a non-confidential
CRS product includes any written product containing research or
analysis that is currently available for general congressional access
on the CRS Congressional Intranet, or that would be made available
on the CRS Congressional Intranet in the normal course of business
and does not include material prepared in response to Congressional
requests for confidential analysis or research.
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133 STAT. 2768 PUBLIC LAW 116–94—DEC. 20, 2019
N
ATIONAL
L
IBRARY
S
ERVICE FOR THE
B
LIND AND
P
RINT
D
ISABLED
SALARIES AND EXPENSES
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $58,563,000:
Provided, That of the total amount appropriated, $650,000 shall
be available to contract to provide newspapers to blind and phys-
ically handicapped residents at no cost to the individual.
A
DMINISTRATIVE
P
ROVISION
REIMBURSABLE AND REVOLVING FUND ACTIVITIES
S
EC
. 140. (a) I
N
G
ENERAL
.—For fiscal year 2020, the
obligational authority of the Library of Congress for the activities
described in subsection (b) may not exceed $231,975,000.
(b) A
CTIVITIES
.—The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from
sources other than appropriations to the Library in appropriations
Acts for the legislative branch.
GOVERNMENT PUBLISHING OFFICE
C
ONGRESSIONAL
P
UBLISHING
(INCLUDING TRANSFER OF FUNDS)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing
of Government publications authorized by law to be distributed
to Members of Congress; and publishing, and distribution of Govern-
ment publications authorized by law to be distributed without
charge to the recipient, $79,000,000: Provided, That this appropria-
tion shall not be available for paper copies of the permanent edition
of the Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of title
44, United States Code: Provided further, That this appropriation
shall be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation under
section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act
for printing and binding and related services provided to Congress
under chapter 7 of title 44, United States Code, may be expended
to print a document, report, or publication after the 27-month
period beginning on the date that such document, report, or publica-
tion is authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of title
44, United States Code: Provided further, That unobligated or unex-
pended balances of expired discretionary funds made available
under this heading in this Act for this fiscal year may be transferred
to, and merged with, funds under the heading ‘‘Government Pub-
lishing Office Business Operations Revolving Fund’’ no later than
the end of the fifth fiscal year after the last fiscal year for which
such funds are available for the purposes for which appropriated,
to be available for carrying out the purposes of this heading, subject
to the approval of the Committee on Appropriations of the House
Deadline.
Time periods.
Time periods.
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133 STAT. 2769 PUBLIC LAW 116–94—DEC. 20, 2019
of Representatives and the Senate: Provided further, That notwith-
standing sections 901, 902, and 906 of title 44, United States
Code, this appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.
P
UBLIC
I
NFORMATION
P
ROGRAMS OF THE
S
UPERINTENDENT OF
D
OCUMENTS
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses of the public information programs of the Office
of Superintendent of Documents necessary to provide for the cata-
loging and indexing of Government publications in any format,
and their distribution to the public, Members of Congress, other
Government agencies, and designated depository and international
exchange libraries as authorized by law, $31,296,000: Provided,
That amounts of not more than $2,000,000 from current year appro-
priations are authorized for producing and disseminating Congres-
sional serial sets and other related publications for fiscal years
2018 and 2019 to depository and other designated libraries: Pro-
vided further, That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act
for this fiscal year may be transferred to, and merged with, funds
under the heading ‘‘Government Publishing Office Business Oper-
ations Revolving Fund’’ no later than the end of the fifth fiscal
year after the last fiscal year for which such funds are available
for the purposes for which appropriated, to be available for carrying
out the purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives and
the Senate.
G
OVERNMENT
P
UBLISHING
O
FFICE
B
USINESS
O
PERATIONS
R
EVOLVING
F
UND
For payment to the Government Publishing Office Business
Operations Revolving Fund, $6,704,000, to remain available until
expended, for information technology development and facilities
repair: Provided, That the Government Publishing Office is hereby
authorized to make such expenditures, within the limits of funds
available and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as pro-
vided by section 9104 of title 31, United States Code, as may
be necessary in carrying out the programs and purposes set forth
in the budget for the current fiscal year for the Government Pub-
lishing Office Business Operations Revolving Fund: Provided fur-
ther, That not more than $7,500 may be expended on the certifi-
cation of the Director of the Government Publishing Office in
connection with official representation and reception expenses: Pro-
vided further, That the Business Operations Revolving Fund shall
be available for the hire or purchase of not more than 12 passenger
motor vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Director of
the Government Publishing Office shall be deemed necessary to
carry out the provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be
available for temporary or intermittent services under section
Certification.
Deadline.
Time period.
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133 STAT. 2770 PUBLIC LAW 116–94—DEC. 20, 2019
3109(b) of title 5, United States Code, but at rates for individuals
not more than the daily equivalent of the annual rate of basic
pay for level V of the Executive Schedule under section 5316 of
such title: Provided further, That activities financed through the
Business Operations Revolving Fund may provide information in
any format: Provided further, That the Business Operations
Revolving Fund and the funds provided under the heading ‘‘Public
Information Programs of the Superintendent of Documents’’ may
not be used for contracted security services at Government Pub-
lishing Office’s passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
S
ALARIES AND
E
XPENSES
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States in
connection with official representation and reception expenses; tem-
porary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than
the daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule under section 5315 of such title; hire
of one passenger motor vehicle; advance payments in foreign coun-
tries in accordance with section 3324 of title 31, United States
Code; benefits comparable to those payable under sections 901(5),
(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in foreign
countries, $630,000,000: Provided, That, in addition, $24,800,000
of payments received under sections 782, 791, 3521, and 9105
of title 31, United States Code, shall be available without fiscal
year limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department
or agency which is a member of the National Intergovernmental
Audit Forum or a Regional Intergovernmental Audit Forum shall
be available to finance an appropriate share of either Forum’s
costs as determined by the respective Forum, including necessary
travel expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as reimburse-
ments to any appropriation from which costs involved are initially
financed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership Center
under section 313 of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 1151), $5,900,000: Provided, That funds made avail-
able to support Russian participants shall only be used for those
engaging in free market development, humanitarian activities, and
civic engagement, and shall not be used for officials of the central
government of Russia.
Russia.
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133 STAT. 2771 PUBLIC LAW 116–94—DEC. 20, 2019
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING
AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John
C. Stennis Center for Public Service Training and Development
Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
MAINTENANCE AND CARE OF PRIVATE VEHICLES
S
EC
. 201. No part of the funds appropriated in this Act shall
be used for the maintenance or care of private vehicles, except
for emergency assistance and cleaning as may be provided under
regulations relating to parking facilities for the House of Represent-
atives issued by the Committee on House Administration and for
the Senate issued by the Committee on Rules and Administration.
FISCAL YEAR LIMITATION
S
EC
. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2020 unless
expressly so provided in this Act.
RATES OF COMPENSATION AND DESIGNATION
S
EC
. 203. Whenever in this Act any office or position not specifi-
cally established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designa-
tion of any office or position appropriated for is different from
that specifically established by such Act, the rate of compensation
and the designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and commit-
tees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall
be the permanent law with respect thereto.
CONSULTING SERVICES
S
EC
. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, under
section 3109 of title 5, United States Code, shall be limited to
those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued under existing law.
COSTS OF LBFMC
S
EC
. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the Legislative
Branch Financial Managers Council (LBFMC) established by
charter on March 26, 1996, shall be available to finance an appro-
priate share of LBFMC costs as determined by the LBFMC, except
that the total LBFMC costs to be shared among all participating
Contracts.
Public
information.
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133 STAT. 2772 PUBLIC LAW 116–94—DEC. 20, 2019
legislative branch entities (in such allocations among the entities
as the entities may determine) may not exceed $2,000.
LIMITATION ON TRANSFERS
S
EC
. 206. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priation Act.
GUIDED TOURS OF THE CAPITOL
S
EC
. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in this
Act may be used to eliminate or restrict guided tours of the United
States Capitol which are led by employees and interns of offices
of Members of Congress and other offices of the House of Represent-
atives and Senate, unless through regulations as authorized by
section 402(b)(8) of the Capitol Visitor Center Act of 2008 (2 U.S.C.
2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol
which are led by employees and interns described in subsection
(a) may be suspended temporarily or otherwise subject to restriction
for security or related reasons to the same extent as guided tours
of the United States Capitol which are led by the Architect of
the Capitol.
LIMITATION ON TELECOMMUNICATIONS EQUIPMENT PROCUREMENT
S
EC
. 208. (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire telecommuni-
cations equipment produced by Huawei Technologies Company, ZTE
Corporation or a high-impact or moderate-impact information
system, as defined for security categorization in the National
Institute of Standards and Technology’s (NIST) Federal Information
Processing Standard Publication 199, ‘‘Standards for Security Cat-
egorization of Federal Information and Information Systems’’ unless
the agency, office, or other entity acquiring the equipment or system
has—
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform acquisi-
tion decisions for high-impact and moderate-impact information
systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information pro-
vided by the Federal Bureau of Investigation and other appro-
priate agencies; and
(3) in consultation with the Federal Bureau of Investigation
or other appropriate Federal entity, conducted an assessment
of any risk of cyber-espionage or sabotage associated with the
acquisition of such system, including any risk associated with
such system being produced, manufactured, or assembled by
one or more entities identified by the United States Government
as posing a cyber threat, including but not limited to, those
that may be owned, directed, or subsidized by the People’s
Consultation.
Assessment.
Cyber threats.
China.
Iran.
North Korea.
Russia.
Huawei
Technologies
Company.
ZTE Corporation.
Reviews.
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133 STAT. 2773 PUBLIC LAW 116–94—DEC. 20, 2019
Republic of China, the Islamic Republic of Iran, the Democratic
People’s Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate
impact information system reviewed and assessed under subsection
(a) unless the head of the assessing entity described in subsection
(a) has—
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any identi-
fied risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such system
is in the vital national security interest of the United States;
and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the system intended for acquisition
and a detailed description of the mitigation strategies identified
in paragraph (1), provided that such report may include a
classified annex as necessary.
PROHIBITION ON CERTAIN OPERATIONAL EXPENSES
S
EC
. 209. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities or other official government activities.
PLASTIC WASTE REDUCTION
S
EC
. 210. All agencies and offices funded by this division that
contract with a food service provider or providers shall confer and
coordinate with such food service provider or providers, in consulta-
tion with disability advocacy groups, to eliminate or reduce plastic
waste, including waste from plastic straws, explore the use of bio-
degradable items, and increase recycling and composting opportuni-
ties.
ADJUSTMENT TO NORMAL COST PERCENTAGE RATES
S
EC
. 211. Section 8423(a)(1)(B)(i) of title 5, United States Code,
is amended by inserting ‘‘(including a separate normal-cost percent-
age for Congressional employees that are members of the Capitol
Police covered under subsection (d) of section 8412 and subsection
(c) of section 8425)’’ after ‘‘Congressional employees’’.
CONGRESSIONAL STAFF COMPENSATION
S
EC
. 212. (a) S
ENATE
.—
(1) C
HANGE IN MAXIMUM RATES
.—
(A) I
N GENERAL
.—Section 105 of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575) is amended—
Coordination.
Consultation.
Pornography.
Determination.
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133 STAT. 2774 PUBLIC LAW 116–94—DEC. 20, 2019
(i) in subsection (d)(2), in the second sentence,
by striking ‘‘or in excess’’ and all that follows through
‘‘per annum.’’ and inserting ‘‘or in excess of $173,900.’’;
(ii) in subsection (e)(3)(B), by striking ‘‘in excess
of’’ and all that follows and inserting ‘‘in excess of
$173,900.’’; and
(iii) in subsection (f), in the first sentence, by
striking ‘‘or in excess’’ and all that follows through
‘‘unless expressly’’ and inserting ‘‘or in excess of
$173,900, unless expressly’’.
(B) A
UTHORITY FOR STATUTORY EMPLOYEES
.—
(i) F
IXED SALARY POSITIONS
.—For any position for
which the Secretary of the Senate disburses the pay
for the position and for which the specific amount
of the rate of pay for the particular position is fixed
by statute on the day before the effective date of the
amendments made by this section, on and after such
effective date the amount of the rate of pay for such
position shall be fixed by the President pro tempore
in an amount not to exceed the maximum rate of
pay in effect under section 105(f) of the Legislative
Branch Appropriation Act, 1968 (2 U.S.C. 4575(f)).
(ii) P
OSITIONS WITH MAXIMUMS
.—For any position
for which the Secretary of the Senate disburses the
pay for the position and for which the maximum rate
of pay for the particular position is fixed by statute
on the day before the effective date of the amendments
made by this section, on and after such effective date
the maximum rate of pay for such position shall be
fixed by the President pro tempore, which shall not
exceed the maximum rate of pay in effect under section
105(f) of the Legislative Branch Appropriation Act,
1968 (2 U.S.C. 4575(f)).
(2) A
DJUSTMENTS
.—
(A) I
N GENERAL
.—Section 4 of the Federal Pay Com-
parability Act of 1970 (2 U.S.C. 4571) is amended—
(i) in subsection (a)—
(I) in paragraph (1)—
(aa) in subparagraph (A), by striking ‘‘or’’
at the end; and
(bb) by striking subparagraph (B) and
inserting the following:
‘‘(B) in the case of such personnel appointed to positions
for which the rates of pay for the particular positions were
fixed by or pursuant to law at specific rates on the day before
the effective date of the amendments made by section 212
of the Legislative Branch Appropriations Act, 2020, adjust such
rates; and
‘‘(C) in the case of such personnel appointed to positions
for which the maximum rates of pay for the particular positions
were fixed by or pursuant to law on the day before such
effective date, adjust such maximum rates; and’’; and
(II) in the matter following paragraph (2)—
(aa) by striking ‘‘and with such exceptions
as may be necessary to provide for appropriate
pay relationships between positions’’; and
2 USC 4575a.
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133 STAT. 2775 PUBLIC LAW 116–94—DEC. 20, 2019
(bb) by striking ‘‘to restore’’ and all that
follows through ‘‘between positions.’’ and
inserting ‘‘to maintain the pay relationships
that existed on the effective date of the amend-
ments made by section 212 of the Legislative
Branch Appropriations Act, 2020 between the
maximum rate of pay for Senate personnel
and Senators.’’; and
(ii) in subsection (d), by striking ‘‘to restore’’ and
all that follows and inserting ‘‘to maintain the pay
relationships that existed on the effective date of the
amendments made by section 212 of the Legislative
Branch Appropriations Act, 2020 between the max-
imum rate of pay for Senate personnel and Senators.’’.
(B) O
THER ADJUSTMENTS
.—Section 315(a) of the Legis-
lative Branch Appropriations Act, 1991 (2 U.S.C. 4573(a))
is amended by striking ‘‘to the extent necessary to main-
tain’’ and all that follows and inserting ‘‘(including such
personnel appointed to positions for which the specific
amount of the rate of pay for the particular position is
fixed by statute on the day before the effective date of
the amendments made by section 212 of the Legislative
Branch Appropriations Act, 2020 and such personnel
appointed to positions for which the maximum rates of
pay for the particular positions were fixed by or pursuant
to law on the day before such effective date) to the extent
necessary to maintain the pay relationships that existed
on such effective date between the maximum rate of pay
for Senate personnel and Senators.’’.
(3) C
ONFORMING AMENDMENTS
.—
(A) Section 105 of the Legislative Branch Appropriation
Act, 1976 (Public Law 94–59; 89 Stat. 275) is repealed.
(B) Section 201(a)(5)(A) of the Congressional Budget
Act of 1974 (2 U.S.C. 601(a)(5)(A)) is amended by striking
‘‘the lower of—’’ and all that follows and inserting ‘‘the
maximum rate of pay in effect under section 105(f) of
the Legislative Branch Appropriation Act, 1968 (2 U.S.C.
4575(f)).’’.
(C) Section 302(a)(2)(B) of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1382(a)(2)(B)) is amended
by striking ‘‘the lesser of—’’ and all that follows and
inserting ‘‘the maximum rate of pay in effect under section
105(f) of the Legislative Branch Appropriation Act, 1968
(2 U.S.C. 4575(f)).’’.
(D) The first section of the Act entitled ‘‘An Act to
fix the annual rates of pay for the Architect of the Capitol
and the Assistant Architect of the Capitol’’ (2 U.S.C. 1802)
is amended to read as follows:
‘‘SECTION 1. COMPENSATION.
‘‘The compensation of the Architect of the Capitol shall be
at an annual rate which is equal to the maximum rate of pay
in effect under section 105(f) of the Legislative Branch Appropria-
tion Act, 1968 (2 U.S.C. 4575(f)).’’.
(E) Subsection (c) of the first section of the Act entitled
‘‘An Act to establish by law the position of Chief of the
Capitol Police, and for other purposes’’ (2 U.S.C. 1902)
2 USC
61h—61h–2, 61j,
273, 274 note,
4575 note,
6151 and note,
6531 and note,
6534–6537 and
note, 6591.
Repeal.
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133 STAT. 2776 PUBLIC LAW 116–94—DEC. 20, 2019
is amended by striking ‘‘the lower of’’ and all that follows
and inserting ‘‘the maximum rate of pay in effect under
section 105(f) of the Legislative Branch Appropriation Act,
1968 (2 U.S.C. 4575(f)).’’.
(F) Senate Resolution 89, 100th Congress, agreed to
January 28, 1987, as enacted into law by section 9 of
the Legislative Branch Appropriations Act, 1990 (2 U.S.C.
6133), is amended in subsection (a) of the first section
by striking ‘‘by the appropriate Leader’’ and all that follows
and inserting ‘‘by the appropriate Leader.’’.
(G) Section 2(a) of the Legislative Branch Appropria-
tions Act, 1988 (as enacted into law by section 101(i) of
Public Law 100–202 (101 Stat. 1329–290)) (2 U.S.C. 6651)
is repealed.
(H) Section 203(g) of the Federal Legislative Salary
Act of 1964 (Public Law 88–426; 78 Stat. 415) is repealed.
(I) Section 701 of the Ethics in Government Act of
1978 (2 U.S.C. 288) is amended—
(i) by striking paragraph (4) of subsection (a); and
(ii) in subsection (b)(1), by striking the second sen-
tence.
(b) H
OUSE OF
R
EPRESENTATIVES
.—
(1) A
DJUSTMENTS BY SPEAKER OF THE HOUSE
.—Section
311(d) of the Legislative Branch Appropriations Act, 1988 (as
enacted into law by section 101(i) of Public Law 100–202 (101
Stat. 1329–290)) (2 U.S.C. 4532) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘and’’ at the end of subparagraph
(A);
(ii) by striking the period at the end of subpara-
graph (B) and inserting ‘‘; and’’; and
(iii) by adding at the end the following new
subparagraph:
‘‘(C) the maintenance of the pay relationship described
in paragraph (3).’’;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following new
paragraph:
‘‘(3) The pay relationship described in this paragraph is the
relationship in existence as of the effective date of the amendments
made by section 212 of the Legislative Branch Appropriations Act,
2020 between—
‘‘(A) an annual rate of pay of $173,900; and
‘‘(B) the annual rate of pay of a Member of the House
of Representatives who is not the Speaker, Majority Leader,
or Minority Leader of the House.’’.
(2) P
AY ADJUSTMENTS BY CHIEF ADMINISTRATIVE OFFICER
.—
Section 4(e) of the Federal Pay Comparability Act of 1970
(2 U.S.C. 4531(e)) is amended to read as follows:
‘‘(e) No rate of pay for any position shall be adjusted under
this section to an amount in excess of the rate of pay in effect
for such position under an order issued by the Speaker of the
House of Representatives pursuant to the authority of section 311(d)
of the Legislative Branch Appropriations Act, 1988 (2 U.S.C. 4532).’’.
(3) C
ERTAIN POSITIONS OF THE HOUSE OF REPRESENTA
-
TIVES
.—
2 USC 273, 6531,
6591.
Repeal.
Repeal.
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133 STAT. 2777 PUBLIC LAW 116–94—DEC. 20, 2019
(A) L
EGISLATIVE COUNSEL
.—Section 523 of the Legisla-
tive Reorganization Act of 1970 (2 U.S.C. 282b) is
amended—
(i) in subsection (a), by striking ‘‘equal to the rate
of basic pay’’ and all that follows and inserting ‘‘equal
to the greater of $173,900 or the rate of pay in effect
for such position under an order issued by the Speaker
of the House of Representatives pursuant to the
authority of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).’’; and
(ii) in subsection (b), by striking ‘‘in excess of the
rate of basic pay’’ and all that follows and inserting
‘‘in excess of the applicable rate of pay in effect under
an order issued by the Speaker of the House of Rep-
resentatives pursuant to the authority of section 311(d)
of the Legislative Branch Appropriations Act, 1988
(2 U.S.C. 4532).’’.
(B) L
AW REVISION COUNSEL
.—Section 205(f) of House
Resolution 988, 93rd Congress, agreed to October 8, 1974,
as enacted into law by the matter under the heading
‘‘A
DMINISTRATIVE
P
ROVISIONS
’’ under the heading ‘‘HOUSE
OF REPRESENTATIVES’’ under chapter III of title I of
the Supplemental Appropriations Act, 1975 (2 U.S.C. 285e),
is amended by striking ‘‘Law Revision Counsel shall be
paid’’ and all that follows and inserting ‘‘Law Revision
Counsel shall be paid at a per annum gross rate determined
by the Speaker not to exceed the greater of $173,900 or
the rate of pay in effect for such position under an order
issued by the Speaker pursuant to the authority of section
311(d) of the Legislative Branch Appropriations Act, 1988
(2 U.S.C. 4532); and members of the staff of the Office
other than the Law Revision Counsel shall be paid at
per annum gross rates fixed by the Law Revision Counsel
with the approval of the Speaker or in accordance with
policies approved by the Speaker, but not in excess of
the applicable rate of pay in effect under an order issued
by the Speaker pursuant to the authority of such section.’’.
(C) P
ARLIAMENTARIAN
.—Section 4 of House Resolution
502, 95th Congress, agreed to April 20, 1977, as enacted
into law by section 115 of the Legislative Branch Appropria-
tion Act, 1978 (2 U.S.C. 287c), is amended—
(i) in subsection (a), by striking ‘‘but not in excess’’
and all that follows and inserting ‘‘but not in excess
of the greater of $173,900 or the rate of pay in effect
for such position under an order issued by the Speaker
of the House of Representatives pursuant to the
authority of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).’’; and
(ii) in subsection (b), by striking ‘‘, but not in
excess of the rate of basic pay set forth in subsection
(a)’’ and inserting ‘‘but not in excess of the applicable
rate of pay in effect under an order issued by the
Speaker of the House of Representatives pursuant to
the authority of section 311(d) of the Legislative
Branch Appropriations Act, 1988 (2 U.S.C. 4532)’’.
(D) C
HAPLAIN
.—Section 3 of House Resolution 661,
95th Congress, agreed to July 29, 1977, as enacted into
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133 STAT. 2778 PUBLIC LAW 116–94—DEC. 20, 2019
law by section 111 of the Legislative Branch Appropriation
Act, 1979 (2 U.S.C. 5521), is amended by striking section
3 and inserting the following:
‘‘S
EC
. 3. The maximum per year gross rate of compensation
of the Chaplain of the House of Representatives shall not exceed
the greater of $173,900 or the rate of pay in effect for such position
under an order issued by the Speaker of the House of Representa-
tives pursuant to the authority of section 311(d) of the Legislative
Branch Appropriations Act, 1988 (2 U.S.C. 4532).’’.
(E) C
ERTAIN LEADERSHIP EMPLOYEES
.—Subsection (b)
of the first section of House Resolution 393, 95th Congress,
agreed to March 31, 1977, as enacted into law by section
115 of the Legislative Branch Appropriation Act, 1978 (2
U.S.C. 5141(b)), is amended by striking ‘‘The annual rate’’
and all that follows through ‘‘United States Code,’’ and
inserting the following: ‘‘The maximum annual rate of com-
pensation for any individual employed under subsection
(a) shall not exceed the greater of $173,900 or the applicable
rate of pay in effect under an order issued by the Speaker
of the House of Representatives pursuant to the authority
of section 311(d) of the Legislative Branch Appropriations
Act, 1988 (2 U.S.C. 4532),’’.
(4) C
HIEF OF STAFF OF JOINT COMMITTEE ON TAXATION
.—
Section 214(e) of the Postal Revenue and Federal Salary Act
of 1967 (2 U.S.C. 4302) is amended by striking ‘‘The per annum
rate of compensation’’ and all that follows through the period
at the end and inserting the following: ‘‘The maximum annual
rate of compensation of the Chief of Staff of the Joint Committee
on Taxation shall not exceed the greater of $173,900 or the
rate of pay in effect for such position under an order issued
by the Speaker of the House of Representatives pursuant to
the authority of section 311(d) of the Legislative Branch Appro-
priations Act, 1988 (2 U.S.C. 4532).’’.
(c) E
FFECTIVE
D
ATE
.—This section and the amendments made
by this section shall take effect on the later of—
(1) the first day of the first applicable pay period beginning
on or after January 1, 2020; or
(2) the first day of the first applicable pay period beginning
on or after the date of enactment of this Act.
This division may be cited as the ‘‘Legislative Branch Appro-
priations Act, 2020’’.
DIVISION F—MILITARY CONSTRUCTION, VETERANS AF-
FAIRS, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2020
TITLE I
DEPARTMENT OF DEFENSE
M
ILITARY
C
ONSTRUCTION
, A
RMY
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facili-
ties, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
Military
Construction,
Veterans Affairs,
and Related
Agencies
Appropriations
Act, 2020.
2 USC 282b note.
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133 STAT. 2779 PUBLIC LAW 116–94—DEC. 20, 2019
functions of the Commander in Chief, $1,178,499,000, to remain
available until September 30, 2024: Provided, That, of this amount,
not to exceed $136,099,000 shall be available for study, planning,
design, architect and engineer services, and host nation support,
as authorized by law, unless the Secretary of the Army determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Con-
gress of the determination and the reasons therefor.
M
ILITARY
C
ONSTRUCTION
, N
AVY AND
M
ARINE
C
ORPS
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $2,449,632,000, to remain avail-
able until September 30, 2024: Provided, That, of this amount,
not to exceed $178,715,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional obliga-
tions are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination
and the reasons therefor.
M
ILITARY
C
ONSTRUCTION
, A
IR
F
ORCE
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facili-
ties, and real property for the Air Force as currently authorized
by law, $1,687,230,000, to remain available until September 30,
2024: Provided, That, of this amount, not to exceed $153,148,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
the Air Force determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor.
M
ILITARY
C
ONSTRUCTION
, D
EFENSE
-W
IDE
(INCLUDING TRANSFER OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently author-
ized by law, $2,362,529,000, to remain available until September
30, 2024: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may des-
ignate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That, of the amount, not to
exceed $298,655,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Secretary of Defense determines that additional obligations
Determination.
Notification.
Determination.
Notification.
Determination.
Notification.
Determination.
Notification.
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133 STAT. 2780 PUBLIC LAW 116–94—DEC. 20, 2019
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
M
ILITARY
C
ONSTRUCTION
, A
RMY
N
ATIONAL
G
UARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $210,819,000, to remain available
until September 30, 2024: Provided, That, of the amount, not to
exceed $20,469,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Commit-
tees on Appropriations of both Houses of Congress of the determina-
tion and the reasons therefor.
M
ILITARY
C
ONSTRUCTION
, A
IR
N
ATIONAL
G
UARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construc-
tion Authorization Acts, $164,471,000, to remain available until
September 30, 2024: Provided, That, of the amount, not to exceed
$17,000,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Commit-
tees on Appropriations of both Houses of Congress of the determina-
tion and the reasons therefor.
M
ILITARY
C
ONSTRUCTION
, A
RMY
R
ESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$60,928,000, to remain available until September 30, 2024: Pro-
vided, That, of the amount, not to exceed $6,000,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such pur-
poses and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
M
ILITARY
C
ONSTRUCTION
, N
AVY
R
ESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $54,955,000, to remain available
until September 30, 2024: Provided, That, of the amount, not to
exceed $4,780,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
Determination.
Notification.
Determination.
Notification.
Determination.
Notification.
Determination.
Notification.
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133 STAT. 2781 PUBLIC LAW 116–94—DEC. 20, 2019
the Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
M
ILITARY
C
ONSTRUCTION
, A
IR
F
ORCE
R
ESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$59,750,000, to remain available until September 30, 2024: Pro-
vided, That, of the amount, not to exceed $4,604,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Chief of the Air Force
Reserve determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
N
ORTH
A
TLANTIC
T
REATY
O
RGANIZATION
S
ECURITY
I
NVESTMENT
P
ROGRAM
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisi-
tion and construction of military facilities and installations
(including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty
Area as authorized by section 2806 of title 10, United States Code,
and Military Construction Authorization Acts, $172,005,000, to
remain available until expended.
D
EPARTMENT OF
D
EFENSE
B
ASE
C
LOSURE
A
CCOUNT
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $398,526,000,
to remain available until expended.
F
AMILY
H
OUSING
C
ONSTRUCTION
, A
RMY
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension,
and alteration, as authorized by law, $141,372,000, to remain avail-
able until September 30, 2024.
F
AMILY
H
OUSING
O
PERATION AND
M
AINTENANCE
, A
RMY
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor construc-
tion, principal and interest charges, and insurance premiums, as
authorized by law, $357,907,000.
F
AMILY
H
OUSING
C
ONSTRUCTION
, N
AVY AND
M
ARINE
C
ORPS
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
Determination.
Notification.
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133 STAT. 2782 PUBLIC LAW 116–94—DEC. 20, 2019
expansion, extension, and alteration, as authorized by law,
$47,661,000, to remain available until September 30, 2024.
F
AMILY
H
OUSING
O
PERATION AND
M
AINTENANCE
, N
AVY AND
M
ARINE
C
ORPS
For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $317,870,000.
F
AMILY
H
OUSING
C
ONSTRUCTION
, A
IR
F
ORCE
For expenses of family housing for the Air Force for construc-
tion, including acquisition, replacement, addition, expansion, exten-
sion, and alteration, as authorized by law, $103,631,000, to remain
available until September 30, 2024.
F
AMILY
H
OUSING
O
PERATION AND
M
AINTENANCE
, A
IR
F
ORCE
For expenses of family housing for the Air Force for operation
and maintenance, including debt payment, leasing, minor construc-
tion, principal and interest charges, and insurance premiums, as
authorized by law, $295,016,000.
F
AMILY
H
OUSING
O
PERATION AND
M
AINTENANCE
, D
EFENSE
-W
IDE
For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)
for operation and maintenance, leasing, and minor construction,
as authorized by law, $57,000,000.
D
EPARTMENT OF
D
EFENSE
F
AMILY
H
OUSING
I
MPROVEMENT
F
UND
For the Department of Defense Family Housing Improvement
Fund, $3,045,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title
10, United States Code, providing alternative means of acquiring
and improving military family housing and supporting facilities.
D
EPARTMENT OF
D
EFENSE
M
ILITARY
U
NACCOMPANIED
H
OUSING
I
MPROVEMENT
F
UND
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $500,000, to remain available until
expended, for unaccompanied housing initiatives undertaken pursu-
ant to section 2883 of title 10, United States Code, providing alter-
native means of acquiring and improving military unaccompanied
housing and supporting facilities.
A
DMINISTRATIVE
P
ROVISIONS
S
EC
. 101. None of the funds made available in this title shall
be expended for payments under a cost-plus-a-fixed-fee contract
for construction, where cost estimates exceed $25,000, to be per-
formed within the United States, except Alaska, without the specific
Contracts.
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133 STAT. 2783 PUBLIC LAW 116–94—DEC. 20, 2019
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
S
EC
. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
S
EC
. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads
as authorized by section 210 of title 23, United States Code, when
projects authorized therein are certified as important to the national
defense by the Secretary of Defense.
S
EC
. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
S
EC
. 105. None of the funds made available in this title shall
be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers
or the Naval Facilities Engineering Command, except: (1) where
there is a determination of value by a Federal court; (2) purchases
negotiated by the Attorney General or the designee of the Attorney
General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be
in the public interest.
S
EC
. 106. None of the funds made available in this title shall
be used to: (1) acquire land; (2) provide for site preparation; or
(3) install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropria-
tions for military construction.
S
EC
. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification
to the Committees on Appropriations of both Houses of Congress.
S
EC
. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction project
or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for
such steel procurement.
S
EC
. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
S
EC
. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior notifica-
tion to the Committees on Appropriations of both Houses of Con-
gress.
S
EC
. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished
in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Gulf, unless such
contracts are awarded to United States firms or United States
firms in joint venture with host nation firms.
S
EC
. 112. None of the funds made available in this title for
military construction in the United States territories and posses-
sions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Gulf, may be used to award any contract estimated
by the Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract
Kwajalein Atoll.
Contracts.
Japan.
Contracts.
Notification.
Steel.
Notification.
Determinations.
Certification.
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133 STAT. 2784 PUBLIC LAW 116–94—DEC. 20, 2019
awards for which the lowest responsive and responsible bid of
a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract
awards for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a Marshallese
contractor.
S
EC
. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees
on Appropriations, of plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary
or permanent, are anticipated to exceed $100,000.
S
EC
. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
S
EC
. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
S
EC
. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such
a project or contract, at any time before the end of the fourth
fiscal year after the fiscal year for which funds for such project
were made available, if the funds obligated for such project: (1)
are obligated from funds available for military construction projects;
and (2) do not exceed the amount appropriated for such project,
plus any amount by which the cost of such project is increased
pursuant to law.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 117. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated
for construction in ‘‘Family Housing’’ accounts, to be merged with
and to be available for the same purposes and for the same period
of time as amounts appropriated directly to the Fund; or (2) the
Department of Defense Military Unaccompanied Housing Improve-
ment Fund from amounts appropriated for construction of military
unaccompanied housing in ‘‘Military Construction’’ accounts, to be
merged with and to be available for the same purposes and for
the same period of time as amounts appropriated directly to the
Fund: Provided, That appropriations made available to the Funds
shall be available to cover the costs, as defined in section 502(5)
of the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United States
Code, pertaining to alternative means of acquiring and improving
Deadlines.
Notification.
Determination.
Notification.
Military exercise.
Deadline.
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133 STAT. 2785 PUBLIC LAW 116–94—DEC. 20, 2019
military family housing, military unaccompanied housing, and sup-
porting facilities.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 118. In addition to any other transfer authority available
to the Department of Defense, amounts may be transferred from
the Department of Defense Base Closure Account to the fund estab-
lished by section 1013(d) of the Demonstration Cities and Metropoli-
tan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses
associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be
merged with and be available for the same purposes and for the
same time period as the fund to which transferred.
S
EC
. 119. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of family
housing shall be the exclusive source of funds for repair and mainte-
nance of all family housing units, including general or flag officer
quarters: Provided, That not more than $35,000 per unit may
be spent annually for the maintenance and repair of any general
or flag officer quarters without 30 days prior notification, or 14
days for a notification provided in an electronic medium pursuant
to sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, except
that an after-the-fact notification shall be submitted if the limitation
is exceeded solely due to costs associated with environmental
remediation that could not be reasonably anticipated at the time
of the budget submission: Provided further, That the Under Sec-
retary of Defense (Comptroller) is to report annually to the Commit-
tees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag
officer quarters for the prior fiscal year.
S
EC
. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until
expended for the purposes specified in subsection (i)(1) of such
section or until transferred pursuant to subsection (i)(3) of such
section.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 121. During the 5-year period after appropriations avail-
able in this Act to the Department of Defense for military construc-
tion and family housing operation and maintenance and construc-
tion have expired for obligation, upon a determination that such
appropriations will not be necessary for the liquidation of obligations
or for making authorized adjustments to such appropriations for
obligations incurred during the period of availability of such appro-
priations, unobligated balances of such appropriations may be trans-
ferred into the appropriation ‘‘Foreign Currency Fluctuations,
Construction, Defense’’, to be merged with and to be available
for the same time period and for the same purposes as the appro-
priation to which transferred.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 122. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
Time period.
Determination.
Reports.
Deadlines.
Notification.
10 USC 2821
note.
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133 STAT. 2786 PUBLIC LAW 116–94—DEC. 20, 2019
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in Depart-
ment of Defense Financial Management Regulation 7000.14–R,
Volume 3, Chapter 7, of March 2011, as in effect on the date
of enactment of this Act.
S
EC
. 123. None of the funds made available in this title may
be obligated or expended for planning and design and construction
of projects at Arlington National Cemetery.
S
EC
. 124. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2024:
‘‘Military Construction, Army’’, $79,500,000;
‘‘Military Construction, Navy and Marine Corps’’,
$374,529,000;
‘‘Military Construction, Air Force’’, $288,200,000;
‘‘Military Construction, Army National Guard’’,
$155,000,000;
‘‘Military Construction, Air National Guard’’, $57,000,000;
‘‘Military Construction, Air Force Reserve’’, $24,800,000;
and
‘‘Military Construction, Defense-Wide’’, $66,880,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military depart-
ment’s unfunded priority list for fiscal year 2020 submitted to
Congress: Provided further, That such projects are subject to
authorization prior to obligation and expenditure of funds to carry
out construction: Provided further, That not later than 30 days
after enactment of this Act, the Secretary of the military department
concerned, or his or her designee, shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
(RESCISSIONS OF FUNDS)
S
EC
. 125. Of the unobligated balances available to the Depart-
ment of Defense from prior appropriation Acts, the following funds
are hereby rescinded from the following accounts in the amounts
specified:
‘‘Military Construction, Defense-Wide’’, $45,055,000; and
‘‘NATO Security Investment Program’’, $25,000,000:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism or as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
S
EC
. 126. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Committees on Armed Services
of the House of Representatives and the Senate, the Subcommittee
on Military Construction and Veterans Affairs of the Committee
on Appropriations of the Senate, and the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropria-
tions of the House of Representatives.
S
EC
. 127. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guanta
´
namo Bay, Cuba.
Definition.
Deadline.
Expenditure
plan.
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133 STAT. 2787 PUBLIC LAW 116–94—DEC. 20, 2019
S
EC
. 128. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any element
of a United States Air Force Rapid Engineer Deployable Heavy
Operational Repair Squadron Engineer (RED HORSE) outside of
the United States until the Secretary of the Air Force: (1) completes
an analysis and comparison of the cost and infrastructure invest-
ment required to consolidate or relocate a RED HORSE squadron
outside of the United States versus within the United States; (2)
provides to the Committees on Appropriations of both Houses of
Congress (‘‘the Committees’’) a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees that
the preferred site for the consolidation or relocation yields the
greatest savings for the Air Force: Provided, That the term ‘‘United
States’’ in this section does not include any territory or possession
of the United States.
S
EC
. 129. All amounts appropriated to the ‘‘Department of
Defense—Military Construction, Army’’, ‘‘Department of Defense—
Military Construction, Navy and Marine Corps’’, ‘‘Department of
Defense—Military Construction, Air Force’’, and ‘‘Department of
Defense—Military Construction, Defense-Wide’’ accounts pursuant
to the authorization of appropriations in a National Defense
Authorization Act specified for fiscal year 2020 in the funding
table in section 4601 of that Act shall be immediately available
and allotted to contract for the full scope of authorized projects.
S
EC
. 130. For an additional amount for the accounts and in
the amounts specified for planning and design, for improving mili-
tary installation resilience, to remain available until September
30, 2024:
‘‘Military Construction, Army’’, $20,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$35,000,000; and
‘‘Military Construction, Air Force’’, $20,000,000:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or his
or her designee, shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided
under this section: Provided further, That the Secretary of the
military department concerned may not obligate or expend any
funds prior to approval by the Committees on Appropriations of
both Houses of Congress of the expenditure plan required by this
section.
S
EC
. 131. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2021:
‘‘Family Housing Operation and Maintenance, Army’’,
$50,000,000;
‘‘Family Housing Operation and Maintenance, Navy and
Marine Corps’’, $59,600,000; and
‘‘Family Housing Operation and Maintenance, Air Force’’,
$31,200,000.
Deadline.
Expenditure
plan.
Definition.
Analysis.
Reports.
Certification.
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133 STAT. 2788 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
V
ETERANS
B
ENEFITS
A
DMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as author-
ized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61
of title 38, United States Code; pension benefits to or on behalf
of veterans as authorized by chapters 15, 51, 53, 55, and 61 of
title 38, United States Code; and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other officers’
retirement pay, adjusted-service credits and certificates, payment
of premiums due on commercial life insurance policies guaranteed
under the provisions of title IV of the Servicemembers Civil Relief
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized
by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53,
55, and 61 of title 38, United States Code, $1,439,931,000, which
shall be in addition to funds previously appropriated under this
heading that became available on October 1, 2019; and,
$118,246,975,000 shall become available on October 1, 2020: Pro-
vided, That not to exceed $18,147,000 of the amount made available
for fiscal year 2021 under this heading shall be reimbursed to
‘‘General Operating Expenses, Veterans Benefits Administration’’,
and ‘‘Information Technology Systems’’ for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of title
38, United States Code, the funding source for which is specifically
provided as the ‘‘Compensation and Pensions’’ appropriation: Pro-
vided further, That such sums as may be earned on an actual
qualifying patient basis, shall be reimbursed to ‘‘Medical Care
Collections Fund’’ to augment the funding of individual medical
facilities for nursing home care provided to pensioners as author-
ized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30, 31,
33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United
States Code, $12,578,965,000, to remain available until expended
and to become available on October 1, 2020: Provided, That expenses
for rehabilitation program services and assistance which the Sec-
retary is authorized to provide under subsection (a) of section 3104
of title 38, United States Code, other than under paragraphs (1),
(2), (5), and (11) of that subsection, shall be charged to this account.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life insur-
ance, servicemen’s indemnities, service-disabled veterans insurance,
and veterans mortgage life insurance as authorized by chapters
19 and 21 of title 38, United States Code, $17,620,000, which
shall be in addition to funds previously appropriated under this
Reimbursement.
Reimbursement.
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133 STAT. 2789 PUBLIC LAW 116–94—DEC. 20, 2019
heading that became available on October 1, 2019, to remain avail-
able until expended; and, in addition, $129,224,000, shall become
available on October 1, 2020, and shall remain available until
expended.
VETERANS HOUSING BENEFIT PROGRAM FUND
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by sub-
chapters I through III of chapter 37 of title 38, United States
Code: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That, during fiscal year
2020, within the resources available, not to exceed $500,000 in
gross obligations for direct loans are authorized for specially
adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $200,377,391.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $57,729, as authorized by chapter
31 of title 38, United States Code: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That funds made available under this heading are available
to subsidize gross obligations for the principal amount of direct
loans not to exceed $2,008,232.
In addition, for administrative expenses necessary to carry
out the direct loan program, $401,880, which may be paid to the
appropriation for ‘‘General Operating Expenses, Veterans Benefits
Administration’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan pro-
gram authorized by subchapter V of chapter 37 of title 38, United
States Code, $1,186,000.
GENERAL OPERATING EXPENSES
,
VETERANS BENEFITS
ADMINISTRATION
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of pas-
senger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement of
the Department of Defense for the cost of overseas employee mail,
$3,125,000,000: Provided, That expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans: (1)
to the maximum extent feasible, to become employable and to
obtain and maintain suitable employment; or (2) to achieve max-
imum independence in daily living, shall be charged to this account:
Provided further, That, of the funds made available under this
heading, not to exceed 10 percent shall remain available until
September 30, 2021.
Determination.
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133 STAT. 2790 PUBLIC LAW 116–94—DEC. 20, 2019
V
ETERANS
H
EALTH
A
DMINISTRATION
MEDICAL SERVICES
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in sec-
tion 1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the Department,
and including medical supplies and equipment, bioengineering serv-
ices, food services, and salaries and expenses of healthcare
employees hired under title 38, United States Code, assistance
and support services for caregivers as authorized by section 1720G
of title 38, United States Code, loan repayments authorized by
section 604 of the Caregivers and Veterans Omnibus Health Serv-
ices Act of 2010 (Public Law 111–163; 124 Stat. 1174; 38 U.S.C.
7681 note), monthly assistance allowances authorized by section
322(d) of title 38, United States Code, grants authorized by section
521A of title 38, United States Code, and administrative expenses
necessary to carry out sections 322(d) and 521A of title 38, United
States Code, and hospital care and medical services authorized
by section 1787 of title 38, United States Code; $56,158,015,000,
plus reimbursements, shall become available on October 1, 2020,
and shall remain available until September 30, 2021: Provided,
That, of the amount made available on October 1, 2020, under
this heading, $1,500,000,000 shall remain available until September
30, 2022: Provided further, That, notwithstanding any other provi-
sion of law, the Secretary of Veterans Affairs shall establish a
priority for the provision of medical treatment for veterans who
have service-connected disabilities, lower income, or have special
needs: Provided further, That, notwithstanding any other provision
of law, the Secretary of Veterans Affairs shall give priority funding
for the provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs may
authorize the dispensing of prescription drugs from Veterans Health
Administration facilities to enrolled veterans with privately written
prescriptions based on requirements established by the Secretary:
Provided further, That the implementation of the program described
in the previous proviso shall incur no additional cost to the Depart-
ment of Veterans Affairs: Provided further, That the Secretary
of Veterans Affairs shall ensure that sufficient amounts appro-
priated under this heading for medical supplies and equipment
are available for the acquisition of prosthetics designed specifically
for female veterans: Provided further, That of the amount that
became available on October 1, 2019, under this heading, not less
than $585,000,000 shall be for gender-specific care for women.
MEDICAL COMMUNITY CARE
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $4,521,400,000, which shall be in addition
to funds previously appropriated under this heading that became
available on October 1, 2019; and, in addition, $17,131,179,000,
plus reimbursements, shall become available on October 1, 2020,
and shall remain available until September 30, 2021: Provided,
That, of the amount made available on October 1, 2020, under
Drugs and drug
abuse.
Requirements.
Priorities.
Priorities.
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133 STAT. 2791 PUBLIC LAW 116–94—DEC. 20, 2019
this heading, $2,000,000,000 shall remain available until September
30, 2022: Provided further, That $615,000,000 of the additional
amounts provided for fiscal year 2020 under this heading in this
Act shall be derived by transfer from the Veterans Choice Fund
pursuant to the authority in section 802(c)(4) of the Veterans Access,
Choice, and Accountability Act of 2014, as amended (38 U.S.C.
1701 note), from prior year unobligated balances in that Fund
that were provided by section 510 of the VA MISSION Act of
2018 (Public Law 115–182).
MEDICAL SUPPORT AND COMPLIANCE
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses
in support of capital policy activities; and administrative and legal
expenses of the Department for collecting and recovering amounts
owed the Department as authorized under chapter 17 of title 38,
United States Code, and the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.), $98,800,000 which shall be in addition
to funds previously appropriated under this heading that became
available on October 1, 2019; and, in addition, $7,914,191,000,
plus reimbursements, shall become available on October 1, 2020,
and shall remain available until September 30, 2021: Provided,
That, of the amount made available on October 1, 2020, under
this heading, $150,000,000 shall remain available until September
30, 2022.
MEDICAL FACILITIES
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation
of any facility under the jurisdiction or for the use of the Depart-
ment; for oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving, or pro-
viding facilities in the several hospitals and homes under the juris-
diction of the Department, not otherwise provided for, either by
contract or by the hire of temporary employees and purchase of
materials; for leases of facilities; and for laundry services;
$6,433,265,000, plus reimbursements, shall become available on
October 1, 2020, and shall remain available until September 30,
2021: Provided, That, of the amount made available on October
1, 2020, under this heading, $250,000,000 shall remain available
until September 30, 2022.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by chapter
73 of title 38, United States Code, $800,000,000, plus reimburse-
ments, shall remain available until September 30, 2021: Provided,
That the Secretary of Veterans Affairs shall ensure that sufficient
amounts appropriated under this heading are available for pros-
thetic research specifically for female veterans, and for toxic expo-
sure research.
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133 STAT. 2792 PUBLIC LAW 116–94—DEC. 20, 2019
N
ATIONAL
C
EMETERY
A
DMINISTRATION
For necessary expenses of the National Cemetery Administra-
tion for operations and maintenance, not otherwise provided for,
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for
use in cemeterial operations; hire of passenger motor vehicles; and
repair, alteration or improvement of facilities under the jurisdiction
of the National Cemetery Administration, $329,000,000, of which
not to exceed 10 percent shall remain available until September
30, 2021.
D
EPARTMENTAL
A
DMINISTRATION
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For necessary operating expenses of the Department of Vet-
erans Affairs, not otherwise provided for, including administrative
expenses in support of Department-wide capital planning, manage-
ment and policy activities, uniforms, or allowances therefor; not
to exceed $25,000 for official reception and representation expenses;
hire of passenger motor vehicles; and reimbursement of the General
Services Administration for security guard services, $355,911,000,
of which not to exceed 10 percent shall remain available until
September 30, 2021: Provided, That funds provided under this
heading may be transferred to ‘‘General Operating Expenses, Vet-
erans Benefits Administration’’.
BOARD OF VETERANS APPEALS
For necessary operating expenses of the Board of Veterans
Appeals, $182,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2021.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of
said acquisitions, including contractual costs associated with oper-
ations authorized by section 3109 of title 5, United States Code,
$4,371,615,000, plus reimbursements: Provided, That
$1,204,238,000 shall be for pay and associated costs, of which not
to exceed 3 percent shall remain available until September 30,
2021: Provided further, That $2,739,597,000 shall be for operations
and maintenance, of which not to exceed 5 percent shall remain
available until September 30, 2021: Provided further, That
$427,780,000 shall be for information technology systems develop-
ment, and shall remain available until September 30, 2021: Pro-
vided further, That amounts made available for salaries and
expenses, operations and maintenance, and information technology
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133 STAT. 2793 PUBLIC LAW 116–94—DEC. 20, 2019
systems development may be transferred among the three sub-
accounts after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued: Provided
further, That amounts made available for the ‘‘Information Tech-
nology Systems’’ account for development may be transferred among
projects or to newly defined projects: Provided further, That no
project may be increased or decreased by more than $1,000,000
of cost prior to submitting a request to the Committees on Appro-
priations of both Houses of Congress to make the transfer and
an approval is issued, or absent a response, a period of 30 days
has elapsed: Provided further, That the funds made available under
this heading for information technology systems development shall
be for the projects, and in the amounts, specified under this heading
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
VETERANS ELECTRONIC HEALTH RECORD
For activities related to implementation, preparation, develop-
ment, interface, management, rollout, and maintenance of a Vet-
erans Electronic Health Record system, including contractual costs
associated with operations authorized by section 3109 of title 5,
United States Code, and salaries and expenses of employees hired
under titles 5 and 38, United States Code, $1,500,000,000, to remain
available until September 30, 2022: Provided, That the Secretary
of Veterans Affairs shall submit to the Committees on Appropria-
tions of both Houses of Congress quarterly reports detailing obliga-
tions, expenditures, and deployment implementation by facility:
Provided further, That the funds provided in this account shall
only be available to the Office of the Deputy Secretary, to be
administered by that Office: Provided further, That none of the
funds made available under this heading may be obligated in a
manner inconsistent with deployment schedules provided to the
Committees on Appropriations unless the Secretary of Veterans
Affairs provides notification to the Committees on Appropriations
of such change and an approval is issued.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App.), $210,000,000,
of which not to exceed 10 percent shall remain available until
September 30, 2021.
CONSTRUCTION
,
MAJOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, or for any
of the purposes set forth in sections 316, 2404, 2406 and chapter
81 of title 38, United States Code, not otherwise provided for,
including planning, architectural and engineering services,
construction management services, maintenance or guarantee
period services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site acquisition,
Notification.
Reports.
Time period.
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133 STAT. 2794 PUBLIC LAW 116–94—DEC. 20, 2019
where the estimated cost of a project is more than the amount
set forth in section 8104(a)(3)(A) of title 38, United States Code,
or where funds for a project were made available in a previous
major project appropriation, $1,235,200,000, of which
$1,036,600,000 shall remain available until September 30, 2024,
and of which $198,600,000 shall remain available until expended,
of which $35,000,000 shall be available for seismic improvement
projects and seismic program management activities, including for
projects that would otherwise be funded by the Construction, Minor
Projects, Medical Facilities or National Cemetery Administration
accounts: Provided, That except for advance planning activities,
including needs assessments which may or may not lead to capital
investments, and other capital asset management related activities,
including portfolio development and management activities, and
investment strategy studies funded through the advance planning
fund and the planning and design activities funded through the
design fund, including needs assessments which may or may not
lead to capital investments, and funds provided for the purchase,
security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none of
the funds made available under this heading shall be used for
any project that has not been notified to Congress through the
budgetary process or that has not been approved by the Congress
through statute, joint resolution, or in the explanatory statement
accompanying such Act and presented to the President at the time
of enrollment: Provided further, That such sums as may be nec-
essary shall be available to reimburse the ‘‘General Administration’’
account for payment of salaries and expenses of all Office of
Construction and Facilities Management employees to support the
full range of capital infrastructure services provided, including
minor construction and leasing services: Provided further, That
funds made available under this heading for fiscal year 2020, for
each approved project shall be obligated: (1) by the awarding of
a construction documents contract by September 30, 2020; and
(2) by the awarding of a construction contract by September 30,
2021: Provided further, That the Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both
Houses of Congress a written report on any approved major
construction project for which obligations are not incurred within
the time limitations established above: Provided further, That not-
withstanding the requirements of section 8104(a) of title 38, United
States Code, amounts made available under this heading for seismic
improvement projects and seismic program management activities
shall be available for the completion of both new and existing
seismic projects of the Department.
CONSTRUCTION
,
MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, including plan-
ning and assessments of needs which may lead to capital invest-
ments, architectural and engineering services, maintenance or guar-
antee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition,
or for any of the purposes set forth in sections 316, 2404, 2406
Reports.
Contracts.
Deadlines.
Reimbursement.
Notification.
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133 STAT. 2795 PUBLIC LAW 116–94—DEC. 20, 2019
and chapter 81 of title 38, United States Code, not otherwise
provided for, where the estimated cost of a project is equal to
or less than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, $398,800,000, to remain available until
September 30, 2024, along with unobligated balances of previous
‘‘Construction, Minor Projects’’ appropriations which are hereby
made available for any project where the estimated cost is equal
to or less than the amount set forth in such section: Provided,
That funds made available under this heading shall be for: (1)
repairs to any of the nonmedical facilities under the jurisdiction
or for the use of the Department which are necessary because
of loss or damage caused by any natural disaster or catastrophe;
and (2) temporary measures necessary to prevent or to minimize
further loss by such causes.
GRANTS FOR CONSTRUCTION OF
STATE EXTENDED CARE FACILITIES
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections
8131 through 8137 of title 38, United States Code, $90,000,000,
to remain available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
For grants to assist States and tribal organizations in estab-
lishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to
remain available until expended.
A
DMINISTRATIVE
P
ROVISIONS
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 201. Any appropriation for fiscal year 2020 for ‘‘Compensa-
tion and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insur-
ance and Indemnities’’ may be transferred as necessary to any
other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and such Committees
issue an approval, or absent a response, a period of 30 days has
elapsed.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 202. Amounts made available for the Department of Vet-
erans Affairs for fiscal year 2020, in this or any other Act, under
the ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Sup-
port and Compliance’’, and ‘‘Medical Facilities’’ accounts may be
transferred among the accounts: Provided, That any transfers
among the ‘‘Medical Services’’, ‘‘Medical Community Care’’, and
‘‘Medical Support and Compliance’’ accounts of 1 percent or less
of the total amount appropriated to the account in this or any
other Act may take place subject to notification from the Secretary
of Veterans Affairs to the Committees on Appropriations of both
Notification.
Time period.
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133 STAT. 2796 PUBLIC LAW 116–94—DEC. 20, 2019
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ‘‘Medical Services’’,
‘‘Medical Community Care’’, and ‘‘Medical Support and Compliance’’
accounts in excess of 1 percent, or exceeding the cumulative 1
percent for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued: Provided further, That any transfers to or from the
‘‘Medical Facilities’’ account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued.
S
EC
. 203. Appropriations available in this title for salaries
and expenses shall be available for services authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles;
lease of a facility or land or both; and uniforms or allowances
therefore, as authorized by sections 5901 through 5902 of title
5, United States Code.
S
EC
. 204. No appropriations in this title (except the appropria-
tions for ‘‘Construction, Major Projects’’, and ‘‘Construction, Minor
Projects’’) shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
S
EC
. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except bene-
ficiaries entitled to such hospitalization or examination under the
laws providing such benefits to veterans, and persons receiving
such treatment under sections 7901 through 7904 of title 5, United
States Code, or the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimburse-
ment of the cost of such hospitalization or examination is made
to the ‘‘Medical Services’’ account at such rates as may be fixed
by the Secretary of Veterans Affairs.
S
EC
. 206. Appropriations available in this title for ‘‘Compensa-
tion and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insur-
ance and Indemnities’’ shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of fiscal
year 2019.
S
EC
. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropria-
tions accounts resulting from sections 3328(a), 3334, and 3712(a)
of title 31, United States Code, except that if such obligations
are from trust fund accounts they shall be payable only from ‘‘Com-
pensation and Pensions’’.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 208. Notwithstanding any other provision of law, during
fiscal year 2020, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title
38, United States Code, the Veterans’ Special Life Insurance Fund
under section 1923 of title 38, United States Code, and the United
States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ‘‘General Operating
Expenses, Veterans Benefits Administration’’ and ‘‘Information
Technology Systems’’ accounts for the cost of administration of
the insurance programs financed through those accounts: Provided,
Time period.
Reimbursements.
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133 STAT. 2797 PUBLIC LAW 116–94—DEC. 20, 2019
That reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year 2020
that are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings accumu-
lated in that program, reimbursement shall be made only to the
extent of such surplus earnings: Provided further, That the Sec-
retary shall determine the cost of administration for fiscal year
2020 which is properly allocable to the provision of each such
insurance program and to the provision of any total disability
income insurance included in that insurance program.
S
EC
. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease services,
may be obligated during the fiscal year in which the proceeds
are received.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 210. Funds available in this title or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management, the Office of
Employment Discrimination Complaint Adjudication, and the Office
of Diversity and Inclusion for all services provided at rates which
will recover actual costs but not to exceed $57,263,000 for the
Office of Resolution Management, $6,000,000 for the Office of
Employment Discrimination Complaint Adjudication, and
$4,628,000 for the Office of Diversity and Inclusion: Provided, That
payments may be made in advance for services to be furnished
based on estimated costs: Provided further, That amounts received
shall be credited to the ‘‘General Administration’’ and ‘‘Information
Technology Systems’’ accounts for use by the office that provided
the service.
S
EC
. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in sec-
tion 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary
may require, current, accurate third-party reimbursement informa-
tion for purposes of section 1729 of such title: Provided, That
the Secretary may recover, in the same manner as any other debt
due the United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care
or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 212. Notwithstanding any other provision of law, proceeds
or revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ‘‘Construction, Major Projects’’
and ‘‘Construction, Minor Projects’’ accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such sums
Determination.
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133 STAT. 2798 PUBLIC LAW 116–94—DEC. 20, 2019
as realized are in addition to the amount provided for in ‘‘Construc-
tion, Major Projects’’ and ‘‘Construction, Minor Projects’’.
S
EC
. 213. Amounts made available under ‘‘Medical Services’’
are available—
(1) for furnishing recreational facilities, supplies, and equip-
ment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 214. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to the ‘‘Medical Services’’ and
‘‘Medical Community Care’’ accounts to remain available until
expended for the purposes of these accounts.
S
EC
. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State
of Alaska and Indian tribes and tribal organizations which are
party to the Alaska Native Health Compact with the Indian Health
Service, to provide healthcare, including behavioral health and
dental care, to veterans in rural Alaska. The Secretary shall require
participating veterans and facilities to comply with all appropriate
rules and regulations, as established by the Secretary. The term
‘‘rural Alaska’’ shall mean those lands which are not within the
boundaries of the municipality of Anchorage or the Fairbanks North
Star Borough.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the ‘‘Construc-
tion, Major Projects’’ and ‘‘Construction, Minor Projects’’ accounts,
to remain available until expended for the purposes of these
accounts.
S
EC
. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report
on the financial status of the Department of Veterans Affairs for
the preceding quarter: Provided, That, at a minimum, the report
shall include the direction contained in the paragraph entitled
‘‘Quarterly reporting’’, under the heading ‘‘General Administration’’
in the joint explanatory statement accompanying Public Law 114–
223.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 218. Amounts made available under the ‘‘Medical Serv-
ices’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compli-
ance’’, ‘‘Medical Facilities’’, ‘‘General Operating Expenses, Veterans
Benefits Administration’’, ‘‘Board of Veterans Appeals’’, ‘‘General
Administration’’, and ‘‘National Cemetery Administration’’ accounts
for fiscal year 2020 may be transferred to or from the ‘‘Information
Technology Systems’’ account: Provided, That such transfers may
not result in a more than 10 percent aggregate increase in the
Reports.
Definition.
Requirement.
Compliance.
Alaska.
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133 STAT. 2799 PUBLIC LAW 116–94—DEC. 20, 2019
total amount made available by this Act for the ‘‘Information Tech-
nology Systems’’ account: Provided further, That, before a transfer
may take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 219. Of the amounts appropriated to the Department
of Veterans Affairs for fiscal year 2020 for ‘‘Medical Services’’,
‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’,
‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and ‘‘Informa-
tion Technology Systems’’, up to $314,409,000, plus reimbursements,
may be transferred to the Joint Department of Defense—Depart-
ment of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571)
and may be used for operation of the facilities designated as com-
bined Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110–417; 122 Stat. 4500): Provided, That addi-
tional funds may be transferred from accounts designated in this
section to the Joint Department of Defense—Department of Vet-
erans Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the Committees
on Appropriations of both Houses of Congress: Provided further,
That section 220 of title II of division C of Public Law 115–244
is repealed.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 220. Of the amounts appropriated to the Department
of Veterans Affairs which become available on October 1, 2020,
for ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Sup-
port and Compliance’’, and ‘‘Medical Facilities’’, up to $322,931,000,
plus reimbursements, may be transferred to the Joint Department
of Defense—Department of Veterans Affairs Medical Facility Dem-
onstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111–
84; 123 Stat. 3571) and may be used for operation of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500):
Provided, That additional funds may be transferred from accounts
designated in this section to the Joint Department of Defense—
Department of Veterans Affairs Medical Facility Demonstration
Fund upon written notification by the Secretary of Veterans Affairs
to the Committees on Appropriations of both Houses of Congress.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 221. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, for healthcare provided at facilities designated as
combined Federal medical facilities as described by section 706
of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be
available: (1) for transfer to the Joint Department of Defense—
Notification.
Repeal.
132 Stat. 2967.
Notification.
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133 STAT. 2800 PUBLIC LAW 116–94—DEC. 20, 2019
Department of Veterans Affairs Medical Facility Demonstration
Fund, established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
Stat. 3571); and (2) for operations of the facilities designated as
combined Federal medical facilities as described by section 706
of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
Stat. 2573), amounts transferred to the Joint Department of
Defense—Department of Veterans Affairs Medical Facility Dem-
onstration Fund shall remain available until expended.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 222. Of the amounts available in this title for ‘‘Medical
Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and
Compliance’’, and ‘‘Medical Facilities’’, a minimum of $15,000,000
shall be transferred to the DOD–VA Health Care Sharing Incentive
Fund, as authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose author-
ized by section 8111 of title 38, United States Code.
S
EC
. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace
the current system by which the Veterans Integrated Service Net-
works select and contract for diabetes monitoring supplies and
equipment.
S
EC
. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all
bid savings in a major construction project that total at least
$5,000,000, or 5 percent of the programmed amount of the project,
whichever is less: Provided, That such notification shall occur within
14 days of a contract identifying the programmed amount: Provided
further, That the Secretary shall notify the Committees on Appro-
priations of both Houses of Congress 14 days prior to the obligation
of such bid savings and shall describe the anticipated use of such
savings.
S
EC
. 225. None of the funds made available for ‘‘Construction,
Major Projects’’ may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless
the Secretary of Veterans Affairs receives approval from the
Committees on Appropriations of both Houses of Congress.
S
EC
. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quar-
terly report containing performance measures and data from each
Veterans Benefits Administration Regional Office: Provided, That,
at a minimum, the report shall include the direction contained
in the section entitled ‘‘Disability claims backlog’’, under the heading
‘‘General Operating Expenses, Veterans Benefits Administration’’
in the joint explanatory statement accompanying Public Law 114–
223: Provided further, That the report shall also include information
on the number of appeals pending at the Veterans Benefits Adminis-
tration as well as the Board of Veterans Appeals on a quarterly
basis.
Reports.
Data.
Contracts.
Notifications.
Deadlines.
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133 STAT. 2801 PUBLIC LAW 116–94—DEC. 20, 2019
S
EC
. 227. The Secretary of Veterans Affairs shall provide writ-
ten notification to the Committees on Appropriations of both Houses
of Congress 15 days prior to organizational changes which result
in the transfer of 25 or more full-time equivalents from one
organizational unit of the Department of Veterans Affairs to
another.
S
EC
. 228. The Secretary of Veterans Affairs shall provide on
a quarterly basis to the Committees on Appropriations of both
Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$1,000,000.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 229. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans
Health Administration, may transfer to the ‘‘Medical Services’’
account any discretionary appropriations made available for fiscal
year 2020 in this title (except appropriations made to the ‘‘General
Operating Expenses, Veterans Benefits Administration’’ account)
or any discretionary unobligated balances within the Department
of Veterans Affairs, including those appropriated for fiscal year
2020, that were provided in advance by appropriations Acts: Pro-
vided, That transfers shall be made only with the approval of
the Office of Management and Budget: Provided further, That the
transfer authority provided in this section is in addition to any
other transfer authority provided by law: Provided further, That
no amounts may be transferred from amounts that were designated
by Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such authority
to transfer may not be used unless for higher priority items, based
on emergent healthcare requirements, than those for which origi-
nally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from
an appropriation are not necessary, such amounts may be trans-
ferred back to that appropriation and shall be available for the
same purposes as originally appropriated: Provided further, That
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and receive approval
of that request.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 230. Amounts made available for the Department of Vet-
erans Affairs for fiscal year 2020, under the ‘‘Board of Veterans
Appeals’’ and the ‘‘General Operating Expenses, Veterans Benefits
Administration’’ accounts may be transferred between such
accounts: Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees
on Appropriations of both Houses of Congress the authority to
make the transfer and receive approval of that request.
S
EC
. 231. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such
Determination.
Determination.
Time period.
Notification.
Notification.
Deadline.
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133 STAT. 2802 PUBLIC LAW 116–94—DEC. 20, 2019
instance of reprogramming will exceed $7,000,000, unless such re-
programming is approved by the Committees on Appropriations
of both Houses of Congress.
S
EC
. 232. (a) The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of title
38, United States Code—
(1) provides to individuals who contact the hotline imme-
diate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action that
prohibits the Secretary of Veterans Affairs from appointing an
individual to occupy a vacant civil service position, or establishing
a new civil service position, at the Department of Veterans Affairs
with respect to such a position relating to the hotline specified
in subsection (a).
(2) In this subsection—
(A) the term ‘‘civil service’’ has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ‘‘Executive action’’ includes—
(i) any Executive order, presidential memorandum, or
other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a study
on the effectiveness of the hotline specified in subsection (a) during
the five-year period beginning on January 1, 2016, based on an
analysis of national suicide data and data collected from such
hotline.
(2) At a minimum, the study required by paragraph (1) shall—
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue receiving,
mental health care who commit suicide; and
(C) determine the number of veterans described in subpara-
graph (A) who commit or attempt suicide.
S
EC
. 233. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs (VA) hospitals,
domiciliaries, or clinics, conduct an environmental assessment, or
to diminish healthcare services at existing Veterans Health
Administration medical facilities as part of a planned realignment
of VA services until the Secretary provides to the Committees
on Appropriations of both Houses of Congress a report including
the following elements—
(1) a national realignment strategy that includes a detailed
description of realignment plans within each Veterans
Integrated Services Network (VISN), including an updated Long
Range Capital Plan to implement realignment requirements;
(2) an explanation of the process by which those plans
were developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned realign-
ment, including the cost of replacing Veterans Health Adminis-
tration services with contract care or other outsourced services;
Analysis.
Plan.
Reports.
Realignment
plans.
Determinations.
Study.
Time period.
Analysis.
Data.
Definitions.
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133 STAT. 2803 PUBLIC LAW 116–94—DEC. 20, 2019
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in rural
or highly rural areas, including travel distances and transpor-
tation costs to access a VA medical facility and availability
of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings’ condition
and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation
Act; and
(7) consideration given for reuse of historic buildings within
newly identified realignment requirements: Provided, That, this
provision shall not apply to capital projects in any VISN, which
have been authorized or approved by Congress.
S
EC
. 234. Effective during the period beginning on October
1, 2018 and ending on January 1, 2024, none of the funds made
available to the Secretary of Veterans Affairs by this or any other
Act may be obligated or expended in contravention of the ‘‘Veterans
Health Administration Clinical Preventive Services Guidance State-
ment on the Veterans Health Administration’s Screening for Breast
Cancer Guidance’’ published on May 10, 2017, as issued by the
Veterans Health Administration National Center for Health Pro-
motion and Disease Prevention.
S
EC
. 235. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Depart-
ment of Veterans Affairs for the ‘‘Medical Services’’ account may
be used to provide—
(1) fertility counseling and treatment using assisted repro-
ductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ‘‘service-connected’’ has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ‘‘covered veteran’’ means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of fertility
treatment.
(3) The term ‘‘assisted reproductive technology’’ means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of title
10, United States Code, as described in the memorandum on
the subject of ‘‘Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members’’ issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such
a member except that—
(A) the time periods regarding embryo cryopreservation
and storage set forth in part III(G) and in part IV(H)
of such memorandum shall not apply; and
Definitions.
Effective date.
Time period.
Records.
Analysis.
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133 STAT. 2804 PUBLIC LAW 116–94—DEC. 20, 2019
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) The term ‘‘adoption reimbursement’’ means reimburse-
ment for the adoption-related expenses for an adoption that
is finalized after the date of the enactment of this Act under
the same terms as apply under the adoption reimbursement
program of the Department of Defense, as authorized in Depart-
ment of Defense Instruction 1341.09, including the reimburse-
ment limits and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in sub-
section (a) of this section are subject to the requirements for funds
contained in section 508 of division H of the Consolidated Appropria-
tions Act, 2018 (Public Law 115–141).
S
EC
. 236. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Vet-
erans Affairs may be used in a manner that is inconsistent with:
(1) section 842 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Inde-
pendent Agencies Appropriations Act, 2006 (Public Law 109–115;
119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States
Code.
S
EC
. 237. Section 842 of Public Law 109–115 shall not apply
to conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National
Cemetery Administration to contractor performance by a business
concern that is at least 51 percent owned by one or more Indian
tribes as defined in section 5304(e) of title 25, United States Code,
or one or more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
S
EC
. 238. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense
and the Secretary of Labor, shall discontinue using Social Security
account numbers to identify individuals in all information systems
of the Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by
the Secretary, not later than 5 years after the date of the
enactment of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this
Act.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system
of the Department of Veterans Affairs if and only if the use of
such number is required to obtain information the Secretary
requires from an information system that is not under the jurisdic-
tion of the Secretary.
S
EC
. 239. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and 2021 for ‘‘Medical Services’’,
section 239 of Division A of Public Law 114–223 shall apply.
S
EC
. 240. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department
of Veterans Affairs may be used to transfer any amounts from
the Filipino Veterans Equity Compensation Fund to any other
account within the Department of Veterans Affairs.
Applicability.
Consultation.
Deadlines.
38 USC 5701
note prec.
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133 STAT. 2805 PUBLIC LAW 116–94—DEC. 20, 2019
S
EC
. 241. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and fiscal year 2021 for ‘‘Medical
Services’’, funds may be used in each year to carry out and expand
the child care program authorized by section 205 of Public Law
111–163, notwithstanding subsection (e) of such section.
S
EC
. 242. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute
or claim with an individual that would restrict in any way the
individual from speaking to members of Congress or their staff
on any topic not otherwise prohibited from disclosure by Federal
law or required by Executive Order to be kept secret in the interest
of national defense or the conduct of foreign affairs.
S
EC
. 243. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and 2021, section 258 of Division
A of Public Law 114–223 shall apply.
S
EC
. 244. (a) None of the funds appropriated or otherwise
made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records, docu-
ments, or other materials available to the department or agency
of the United States Government over which such Inspector General
has responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.), or to prevent or impede the access of such Inspector
General to such records, documents, or other materials, under any
provision of law, except a provision of law that expressly refers
to such Inspector General and expressly limits the right of access
of such Inspector General.
(b) A department or agency covered by this section shall provide
its Inspector General access to all records, documents, and other
materials in a timely manner.
(c) Each Inspector General covered by this section shall ensure
compliance with statutory limitations on disclosure relevant to the
information provided by the department or agency over which that
Inspector General has responsibilities under the Inspector General
Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report
to the Committee on Appropriations of the Senate and the Com-
mittee on Appropriations of the House of Representatives within
5 calendar days of any failure by any department or agency covered
by this section to comply with this section.
S
EC
. 245. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and 2021, section 248 of Division
A of Public Law 114–223 shall apply.
S
EC
. 246. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this title
to ensure that the ratio of veterans to full-time employment equiva-
lents within any program of rehabilitation conducted under chapter
31 of title 38, United States Code, does not exceed 125 veterans
to one full-time employment equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the programs of rehabilitation conducted under chapter 31 of title
38, United States Code, including—
(1) an assessment of the veteran-to-staff ratio for each
such program; and
Assessment.
Reports.
Applicability.
Reports.
Compliance.
Records.
Applicability.
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133 STAT. 2806 PUBLIC LAW 116–94—DEC. 20, 2019
(2) recommendations for such action as the Secretary con-
siders necessary to reduce the veteran-to-staff ratio for each
such program.
S
EC
. 247. None of the funds made available in this Act may
be used in a manner that would increase wait times for veterans
who seek care at medical facilities of the Department of Veterans
Affairs.
S
EC
. 248. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may
be used in fiscal year 2020 to convert any program which received
specific purpose funds in fiscal year 2019 to a general purpose
funded program unless the Secretary of Veterans Affairs submits
written notification of any such proposal to the Committees on
Appropriations of both Houses of Congress at least thirty days
prior to any such action and an approval is issued by the Commit-
tees.
S
EC
. 249. (a) None of the funds appropriated or otherwise
made available by this Act may be used to conduct research com-
mencing on or after October 1, 2019, that uses any canine, feline,
or non-human primate unless the Secretary of Veterans Affairs
approves such research specifically and in writing pursuant to
subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the con-
duct of research commencing on or after October 1, 2019, using
canines, felines, or non-human primates if the Secretary determines
that—
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an ill-
ness or injury that is combat-related; and
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement
of such research, the Secretary shall submit to the Committees
on Appropriations of the Senate and House of Representatives
a report describing—
(1) the nature of the research to be conducted using canines,
felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the Secretary
that the scientific objectives of such research could only be
met using canines, felines, or non-human primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity, safety,
and efficacy of the research; and
(d) Not later than 180 days after the date of the enactment
of this Act, and biannually thereafter, the Secretary shall submit
to such Committees a report describing—
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human primates
as of the date of the submittal of the report;
Reports.
Reports.
Effective date.
Determination.
Effective date.
38 USC 303 note.
Notification.
Deadline.
Recommenda-
tions.
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133 STAT. 2807 PUBLIC LAW 116–94—DEC. 20, 2019
(2) the circumstances under which such research was con-
ducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-human
primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research.
(e) Not later than December 31, 2020, the Secretary shall
submit to such Committees a plan under which the Secretary will
eliminate or reduce the research conducted using canines, felines,
or non-human primates by not later than five years after the
date of the enactment of this Act.
S
EC
. 250. None of the funds made available by this Act may
be used by the Secretary of Veterans Affairs to close the community
based outpatient clinic located in Bainbridge, New York, until the
Secretary of Veterans Affairs submits to the Committees on Appro-
priations of the House of Representatives and the Senate a market
area assessment.
S
EC
. 251. (a) P
LAN
R
EQUIRED
.—Not later than 90 days after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the appropriate committees of Congress
a plan to reduce the chances that clinical mistakes by employees
of the Department of Veterans Affairs will result in adverse events
that require institutional or clinical disclosures and to prevent
any unnecessary hardship for patients and families impacted by
such adverse events.
(b) E
LEMENTS
.—The plan required by subsection (a) shall
include the following:
(1) A description of a process for the timely identification
of individuals impacted by disclosures described in subsection
(a) and the process for contacting those individuals or their
next of kin.
(2) A description of procedures for expediting any remedial
or follow-up care required for those individuals.
(3) A detailed outline of proposed changes to the process
of the Department for clinical quality checks and oversight.
(4) A communication plan to ensure all facilities of the
Department are made aware of any requirements updated
pursuant to the plan.
(5) A timeline detailing the implementation of the plan.
(6) An identification of the senior executive of the Depart-
ment responsible for ensuring compliance with the plan.
(7) An identification of potential impacts of the plan on
timely diagnoses for patients.
(8) An identification of the processes and procedures for
employees of the Department to make leadership at the facility
and the Department aware of adverse events that are con-
cerning and that result in disclosures and to ensure that the
medical impact on veterans of such disclosures is minimized.
(c) A
PPROPRIATE
C
OMMITTEES OF
C
ONGRESS
D
EFINED
.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Veterans’ Affairs and the Sub-
committee on Military Construction, Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
Senate; and
(2) the Committee on Veterans’ Affairs and the Sub-
committee on Military Construction, Veterans Affairs, and
Timeline.
Deadline.
New York.
Market
assessment.
Deadlines.
Plan.
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133 STAT. 2808 PUBLIC LAW 116–94—DEC. 20, 2019
Related Agencies of the Committee on Appropriations of the
House of Representatives.
S
EC
. 252. (a) Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once every
five-year period thereafter, the Secretary of Veterans Affairs shall
update the handbook of the Department of Veterans Affairs titled
‘‘Planning and Activating Community Based Outpatient Clinics’’,
or a successor handbook, to reflect current policies, best practices,
and clarify the roles and responsibilities of the personnel of the
Department involved in the leasing projects of the Department.
(b) The Secretary shall ensure that the handbook specified
in subsection (a) defines ‘‘community based outpatient clinic’’ in
the same manner as such term is defined in the Veterans Health
Administration Site Tracking database (commonly known as
‘‘VAST’’) as of the date of the enactment of this Act.
(c) The Secretary shall ensure that the Veterans Health
Administration incorporates the best practices contained in the
handbook specified in subsection (a) in conducting oversight of
the medical centers of the Department of Veterans Affairs and
the Veterans Integrated Service Network.
(d) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall provide guidance and training to
employees of the Veterans Health Administration for the use of
the handbook specified in subsection (a). The Secretary shall update
such guidance and training together with each update of such
handbook.
(RESCISSIONS OF FUNDS)
S
EC
. 253. Of the unobligated balances available to the Depart-
ment of Veterans Affairs from prior appropriations Acts, the fol-
lowing funds are hereby rescinded from the following accounts
in the amounts specified:
‘‘Veterans Health Administration, Medical Services’’,
$350,000,000;
‘‘Veterans Health Administration, Medical Support and
Compliance’’, $10,000,000;
‘‘Veterans Health Administration, Medical and Prosthetic
Research’’, $50,000,000;
‘‘Veterans Health Administration, DOD-VA Health Care
Sharing Incentive Fund’’, $15,949,000;
‘‘National Cemetery Administration’’, $1,000,000;
‘‘Departmental Administration, Board of Veterans
Appeals’’, $8,000,000; and
‘‘Departmental Administration, Veterans Electronic Health
Record’’, $70,000,000:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
S
EC
. 254. Section 252 of the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018 (division
J of Public Law 115–141; 132 Stat. 825; 38 U.S.C. 1701 note)
is amended by striking ‘‘The Secretary may carry out a 2-year
pilot program’’ and inserting ‘‘During the period preceding October
1, 2022, the Secretary of Veterans Affairs may carry out a 2-
year pilot program’’.
Updates.
Guidance.
Deadlines.
Time period.
Handbook.
Contracts.
38 USC 8110
note.
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133 STAT. 2809 PUBLIC LAW 116–94—DEC. 20, 2019
(RESCISSION OF FUNDS)
S
EC
. 255. The remaining unobligated balances in the ‘‘Depart-
ment of Veterans Affairs—Departmental Administration—General
Operating Expenses’’ account from the following funds appropriated
in Public Law 107–38 are hereby rescinded: Provided, That the
amounts rescinded pursuant to this section that were previously
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of that
Act:
(1) funds subject to subsequent enactment and transferred
pursuant to chapter 13 of division B of Public Law 107–117;
and
(2) funds made available and subsequently transferred
pursuant to the first proviso under the heading ‘‘Executive
Office of the President and Funds Appropriated to the Presi-
dent—Emergency Response Fund’’.
S
EC
. 256. Amounts made available for the ‘‘Veterans Health
Administration, Medical Community Care’’ account in this or any
other Act for fiscal years 2020 and 2021 may be used for expenses
that would otherwise be payable from the Veterans Choice Fund
established by section 802 of the Veterans Access, Choice, and
Accountability Act, as amended (38 U.S.C. 1701 note).
S
EC
. 257. Hereafter, the matter preceding the first proviso
under the heading ‘‘Veterans Health Administration, Medical Serv-
ices’’ in title II of division C of Public Law 115–244 shall be
applied for the purpose of the appropriations under that heading
that became available on October 1, 2019, by striking ‘‘aid to State
homes as authorized by section 1741 of title 38, United States
Code,’’.
TITLE III
RELATED AGENCIES
A
MERICAN
B
ATTLE
M
ONUMENTS
C
OMMISSION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monu-
ments outside of the United States and its territories and posses-
sions; rent of office and garage space in foreign countries; purchase
(one-for-one replacement basis only) and hire of passenger motor
vehicles; not to exceed $15,000 for official reception and representa-
tion expenses; and insurance of official motor vehicles in foreign
countries, when required by law of such countries, $84,100,000,
to remain available until expended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
Applicability.
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133 STAT. 2810 PUBLIC LAW 116–94—DEC. 20, 2019
necessary, to remain available until expended, for purposes author-
ized by section 2109 of title 36, United States Code.
U
NITED
S
TATES
C
OURT OF
A
PPEALS FOR
V
ETERANS
C
LAIMS
SALARIES AND EXPENSES
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $35,400,000:
Provided, That $2,698,997 shall be available for the purpose of
providing financial assistance as described and in accordance with
the process and reporting procedures set forth under this heading
in Public Law 102–229.
D
EPARTMENT OF
D
EFENSE
—C
IVIL
C
EMETERIAL
E
XPENSES
, A
RMY
SALARIES AND EXPENSES
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers’ and
Airmen’s Home National Cemetery, including the purchase or lease
of passenger motor vehicles for replacement on a one-for-one basis
only, and not to exceed $2,000 for official reception and representa-
tion expenses, $80,800,000, of which not to exceed $15,000,000
shall remain available until September 30, 2022. In addition, such
sums as may be necessary for parking maintenance, repairs and
replacement, to be derived from the ‘‘Lease of Department of
Defense Real Property for Defense Agencies’’ account.
A
RMED
F
ORCES
R
ETIREMENT
H
OME
TRUST FUND
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home—
Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi, to be paid from funds available in
the Armed Forces Retirement Home Trust Fund, $75,300,000, of
which $12,000,000 shall remain available until expended for
construction and renovation of the physical plants at the Armed
Forces Retirement Home—Washington, District of Columbia, and
the Armed Forces Retirement Home—Gulfport, Mississippi: Pro-
vided, That of the amounts made available under this heading
from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the
Treasury to the Trust Fund.
A
DMINISTRATIVE
P
ROVISION
S
EC
. 301. Amounts deposited into the special account estab-
lished under 10 U.S.C. 4727 are appropriated and shall be available
until expended to support activities at the Army National Military
Cemeteries.
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133 STAT. 2811 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
M
ILITARY
C
ONSTRUCTION
, A
RMY
For an additional amount for ‘‘Military Construction, Army’’,
$111,968,000, to remain available until September 30, 2024, for
projects outside of the United States: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
M
ILITARY
C
ONSTRUCTION
, N
AVY AND
M
ARINE
C
ORPS
For an additional amount for ‘‘Military Construction, Navy
and Marine Corps’’, $94,570,000, to remain available until Sep-
tember 30, 2024, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
M
ILITARY
C
ONSTRUCTION
, A
IR
F
ORCE
For an additional amount for ‘‘Military Construction, Air Force’’
$391,988,000, to remain available until September 30, 2024, for
projects outside of the United States: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
M
ILITARY
C
ONSTRUCTION
, D
EFENSE
-W
IDE
For an additional amount for ‘‘Military Construction, Defense-
Wide’’, $46,000,000, to remain available until September 30, 2024,
for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
A
DMINISTRATIVE
P
ROVISION
S
EC
. 401. None of the funds appropriated for military construc-
tion projects outside the United States under this title may be
obligated or expended for planning and design of any project associ-
ated with the European Deterrence Initiative until the Secretary
of Defense develops and submits to the congressional defense
committees, in a classified and unclassified format, a list of all
of the military construction projects associated with the European
Deterrence Initiative which the Secretary anticipates will be carried
out during each of the fiscal years 2021 through 2025.
Lists.
Time period.
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133 STAT. 2812 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE V
NATURAL DISASTER RELIEF
DEPARTMENT OF DEFENSE
M
ILITARY
C
ONSTRUCTION
, N
AVY AND
M
ARINE
C
ORPS
For an additional amount for ‘‘Military Construction, Navy
and Marine Corps’’, $3,477,000,000, to remain available until Sep-
tember 30, 2024, for necessary expenses related to the consequences
of Hurricanes Michael and Florence and flooding and earthquakes
occurring in fiscal year 2019: Provided, That none of the funds
made available in this Act to the Navy and Marine Corps for
such recovery efforts shall be available for obligation until the
Committees on Appropriations of the House of Representatives and
the Senate receive form 1391 for each specific request: Provided
further, That, not later than 60 days after enactment of this Act,
the Secretary of the Navy, or his designee, shall submit to the
Committees on Appropriations of the House of Representatives and
the Senate a detailed expenditure plan for funds provided under
this heading in this title: Provided further, That such funds may
be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
M
ILITARY
C
ONSTRUCTION
, A
IR
F
ORCE
For an additional amount for ‘‘Military Construction, Air Force’’,
$2,605,200,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes
Michael and Florence and flooding and earthquakes occurring in
fiscal year 2019: Provided, That none of the funds made available
in this Act to the Air Force for such recovery efforts shall be
available for obligation until the Committees on Appropriations
of the House of Representatives and the Senate receive form 1391
for each specific request: Provided further, That, not later than
60 days after enactment of this Act, the Secretary of the Air
Force, or his designee, shall submit to the Committees on Appropria-
tions of the House of Representatives and the Senate a detailed
expenditure plan for funds provided under this heading in this
title: Provided further, That such funds may be obligated or
expended for planning and design and military construction projects
not otherwise authorized by law: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
M
ILITARY
C
ONSTRUCTION
, D
EFENSE
-W
IDE
For an additional amount for ‘‘Military Construction, Defense-
Wide’’, $77,175,000, to remain available until September 30, 2024,
for necessary expenses related to the consequences of Hurricanes
Michael and Florence and flooding and earthquakes occurring in
fiscal year 2019: Provided, That none of the funds made available
in this Act to the Department of Defense for such recovery efforts
Form requests.
Deadline.
Expenditure
plan.
Form requests.
Deadline.
Expenditure
plan.
Form requests.
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133 STAT. 2813 PUBLIC LAW 116–94—DEC. 20, 2019
shall be available for obligation until the Committees on Appropria-
tions of the House of Representatives and the Senate receive form
1391 for each specific request: Provided further, That, not later
than 60 days after enactment of this Act, the Secretary of Defense,
or his designee, shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a detailed expendi-
ture plan for funds provided under this heading in this title: Pro-
vided further, That such funds may be obligated or expended for
planning and design and military construction projects not other-
wise authorized by law: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
M
ILITARY
C
ONSTRUCTION
, A
RMY
N
ATIONAL
G
UARD
For an additional amount for ‘‘Military Construction, Army
National Guard’’, $66,000,000, to remain available until September
30, 2024, for necessary expenses related to the consequences of
Hurricanes Michael and Florence and flooding, tornadoes, and
earthquakes occurring in fiscal year 2019: Provided, That none
of the funds made available in this Act to the Army National
Guard for such recovery efforts shall be available for obligation
until the Committees on Appropriations of the House of Representa-
tives and the Senate receive form 1391 for each specific request:
Provided further, That, not later than 60 days after enactment
of this Act, the Director of the Army National Guard, or his des-
ignee, shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a detailed expenditure
plan for funds provided under this heading in this title: Provided
further, That such funds may be obligated or expended for planning
and design and military construction projects not otherwise author-
ized by law: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
M
ILITARY
C
ONSTRUCTION
, A
RMY
R
ESERVE
For an additional amount for ‘‘Military Construction, Army
Reserve’’, $3,300,000, to remain available until September 30, 2024,
for necessary expenses related to the consequences of Hurricanes
Michael and Florence and flooding and earthquakes occurring in
fiscal year 2019: Provided, That none of the funds made available
in this Act to the Army Reserve for such recovery efforts shall
be available for obligation until the Committees on Appropriations
of the House of Representatives and the Senate receive form 1391
for each specific request: Provided further, That, not later than
60 days after enactment of this Act, the Secretary of the Army,
or his designee, shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a detailed expendi-
ture plan for funds provided under this heading in this title: Pro-
vided further, That such funds may be obligated or expended for
planning and design and military construction projects not other-
wise authorized by law: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Deadline.
Expenditure
plan.
Form requests.
Deadline.
Expenditure
plan.
Form requests.
Deadline.
Expenditure
plan.
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133 STAT. 2814 PUBLIC LAW 116–94—DEC. 20, 2019
ADMINISTRATIVE PROVISION
S
EC
. 501. Notwithstanding any other provision of law, funds
made available under each heading in this title shall only be used
for the purposes specifically described under that heading.
TITLE VI
GENERAL PROVISIONS
S
EC
. 601. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
S
EC
. 602. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
S
EC
. 603. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ‘‘E-Commerce’’ tech-
nologies and procedures in the conduct of their business practices
and public service activities.
S
EC
. 604. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on
Military Construction and Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the House of Representatives
and the Subcommittee on Military Construction and Veterans
Affairs, and Related Agencies of the Committee on Appropriations
of the Senate.
S
EC
. 605. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other appropria-
tions Act.
S
EC
. 606. None of the funds made available in this Act may
be used for a project or program named for an individual serving
as a Member, Delegate, or Resident Commissioner of the United
States House of Representatives.
S
EC
. 607. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
Web site of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary informa-
tion.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
S
EC
. 608. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
Pornography.
Time period.
Public
information.
Web posting.
Reports.
Determination.
Reports.
Notifications.
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133 STAT. 2815 PUBLIC LAW 116–94—DEC. 20, 2019
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
S
EC
. 609. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for first-
class travel by an employee of the agency in contravention of
sections 301–10.122 through 301–10.124 of title 41, Code of Federal
Regulations.
S
EC
. 610. None of the funds made available in this Act may
be used to execute a contract for goods or services, including
construction services, where the contractor has not complied with
Executive Order No. 12989.
S
EC
. 611. None of the funds made available by this Act may
be used by the Department of Defense or the Department of Vet-
erans Affairs to lease or purchase new light duty vehicles for
any executive fleet, or for an agency’s fleet inventory, except in
accordance with Presidential Memorandum—Federal Fleet Perform-
ance, dated May 24, 2011.
S
EC
. 612. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this division shall be treated as referring
only to the provisions of this division.
S
EC
. 613. None of the funds made available by this Act may
be used in contravention of section 101(e)(8) of title 10, United
States Code.
S
EC
. 614. (a) I
N
G
ENERAL
.—None of the funds appropriated
or otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility
in the United States, its territories, or possessions to house any
individual detained at United States Naval Station, Guanta
´
namo
Bay, Cuba, for the purposes of detention or imprisonment in the
custody or under the control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guanta
´
namo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guanta
´
namo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guanta
´
namo Bay, Cuba.
This division may be cited as the ‘‘Military Construction, Vet-
erans Affairs, and Related Agencies Appropriations Act, 2020’’.
Detainees.
Cuba.
1 USC 1 note.
Contracts.
Contracts.
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133 STAT. 2816 PUBLIC LAW 116–94—DEC. 20, 2019
DIVISION G—DEPARTMENT OF STATE, FOREIGN OPER-
ATIONS, AND RELATED PROGRAMS APPROPRIATIONS
ACT, 2020
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
A
DMINISTRATION OF
F
OREIGN
A
FFAIRS
DIPLOMATIC PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,125,687,000, of which
$754,468,000 may remain available until September 30, 2021, and
of which up to $4,095,899,000 may remain available until expended
for Worldwide Security Protection: Provided, That of the amount
made available under this heading for Worldwide Security Protec-
tion, $2,626,122,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That funds made available
under this heading shall be allocated in accordance with paragraphs
(1) through (4) as follows:
(1) H
UMAN RESOURCES
.—For necessary expenses for
training, human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed $700,000),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948 (62 Stat. 11; Chapter
36), $2,896,063,000, of which up to $509,782,000 is for World-
wide Security Protection.
(2) O
VERSEAS PROGRAMS
.—For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,840,143,000.
(3) D
IPLOMATIC POLICY AND SUPPORT
.—For necessary
expenses for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation, and disarmament activities as author-
ized, $780,057,000.
(4) S
ECURITY PROGRAMS
.—For necessary expenses for secu-
rity activities, $3,609,424,000, of which up to $3,586,117,000
is for Worldwide Security Protection.
(5) F
EES AND PAYMENTS COLLECTED
.—In addition to
amounts otherwise made available under this heading—
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures,
and publication programs and from fees from educational
advising and counseling and exchange visitor programs;
and
Allocations.
Department of
State, Foreign
Operations, and
Related
Programs
Appropriations
Act, 2020.
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133 STAT. 2817 PUBLIC LAW 116–94—DEC. 20, 2019
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair
House facilities.
(6) T
RANSFER OF FUNDS
,
REPROGRAMMING
,
AND OTHER MAT
-
TERS
.—
(A) Notwithstanding any other provision of this Act,
funds may be reprogrammed within and between para-
graphs (1) through (4) under this heading subject to section
7015 of this Act.
(B) Of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ‘‘Emergencies in the Diplomatic and Consular
Service’’, to be available only for emergency evacuations
and rewards, as authorized.
(C) Funds appropriated under this heading are avail-
able for acquisition by exchange or purchase of passenger
motor vehicles as authorized by law and, pursuant to sec-
tion 1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
(7) C
LARIFICATION
.—References to the ‘‘Diplomatic and
Consular Programs’’ account in any provision of law shall in
this fiscal year, and each fiscal year thereafter, be construed
to include the ‘‘Diplomatic Programs’’ account.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund, as
authorized, $139,500,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$90,829,000, of which $13,624,000 may remain available until Sep-
tember 30, 2021: Provided, That funds appropriated under this
heading are made available notwithstanding section 209(a)(1) of
the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates
to post inspections.
In addition, for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight, $54,900,000,
to remain available until September 30, 2021, which is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That
funds appropriated under this heading that are made available
for the printing and reproduction costs of SIGAR shall not exceed
amounts for such costs during fiscal year 2019.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For necessary expenses of educational and cultural exchange
programs, as authorized, $730,700,000, to remain available until
expended, of which not less than $272,000,000 shall be for the
Fulbright Program and not less than $111,860,000 shall be for
Citizen Exchange Program: Provided, That fees or other payments
received from, or in connection with, English teaching, educational
advising and counseling programs, and exchange visitor programs
Time periods.
22 USC 2651
note.
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133 STAT. 2818 PUBLIC LAW 116–94—DEC. 20, 2019
as authorized may be credited to this account, to remain available
until expended: Provided further, That a portion of the Fulbright
awards from the Eurasia and Central Asia regions shall be des-
ignated as Edmund S. Muskie Fellowships, following consultation
with the Committees on Appropriations: Provided further, That
funds appropriated under this heading that are made available
for the Benjamin Gilman International Scholarships Program shall
also be made available for the John S. McCain Scholars Program,
pursuant to section 7075 of the Department of State, Foreign Oper-
ations, and Related Programs Appropriations Act, 2019 (division
F of Public Law 116–6): Provided further, That funds appropriated
under this heading shall be made available for a Civil Society
Exchange Program, in accordance with the requirements specified
under this heading in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consolidated
Act), and following consultation with the Committees on Appropria-
tions: Provided further, That any substantive modifications from
the prior fiscal year to programs funded by this Act under this
heading shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
REPRESENTATION EXPENSES
For representation expenses as authorized, $7,212,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services,
as authorized, $30,890,000, to remain available until September
30, 2021.
EMBASSY SECURITY
,
CONSTRUCTION
,
AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for real property that are
owned or leased by the Department of State, and renovating, in
addition to funds otherwise available, the Harry S Truman Building,
$769,800,000, to remain available until September 30, 2024, of
which not to exceed $25,000 may be used for overseas representation
expenses as authorized: Provided, That none of the funds appro-
priated in this paragraph shall be available for acquisition of fur-
niture, furnishings, or generators for other departments and agen-
cies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,205,649,000, to
remain available until expended, of which $424,087,000 is des-
ignated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Con-
sular Service, as authorized, $7,885,000, to remain available until
expended, of which not to exceed $1,000,000 may be transferred
Consultation.
Notification.
Consultation.
Fellowships and
scholarships.
Consultation.
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133 STAT. 2819 PUBLIC LAW 116–94—DEC. 20, 2019
to, and merged with, funds appropriated by this Act under the
heading ‘‘Repatriation Loans Program Account’’.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such funds are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $5,563,619.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96–8), $31,963,000.
INTERNATIONAL CENTER
,
WASHINGTON
,
DISTRICT OF COLUMBIA
Not to exceed $1,806,600 shall be derived from fees collected
from other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the Inter-
national Center Act (Public Law 90–553), and, in addition, as
authorized by section 5 of such Act, $743,000, to be derived from
the reserve authorized by such section, to be used for the purposes
set out in that section.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized, $158,900,000.
I
NTERNATIONAL
O
RGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions, or specific Acts of Congress,
$1,473,806,000, of which $96,240,000, to remain available until
September 30, 2021, is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That the Secretary of State shall,
at the time of the submission of the President’s budget to Congress
under section 1105(a) of title 31, United States Code, transmit
to the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of the
United Nations: Provided further, That the Secretary of State shall
notify the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in
the United Nations budget: Provided further, That any payment
of arrearages under this heading shall be directed to activities
Deadline.
Budget.
22 USC 269a
note.
United Nations.
Notifications.
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133 STAT. 2820 PUBLIC LAW 116–94—DEC. 20, 2019
that are mutually agreed upon by the United States and the respec-
tive international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations: Pro-
vided further, That none of the funds appropriated under this
heading shall be available for a United States contribution to an
international organization for the United States share of interest
costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $1,526,383,000,
of which $988,656,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That of the funds made available
under this heading, up to $1,069,315,000 may remain available
until September 30, 2021: Provided further, That none of the funds
made available by this Act shall be obligated or expended for
any new or expanded United Nations peacekeeping mission unless,
at least 15 days in advance of voting for such mission in the
United Nations Security Council (or in an emergency as far in
advance as is practicable), the Committees on Appropriations are
notified of: (1) the estimated cost and duration of the mission,
the objectives of the mission, the national interest that will be
served, and the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the
cost of the new or expanded mission, and the estimated cost in
future fiscal years: Provided further, That none of the funds appro-
priated under this heading may be made available for obligation
unless the Secretary of State certifies and reports to the Committees
on Appropriations on a peacekeeping mission-by-mission basis that
the United Nations is implementing effective policies and proce-
dures to prevent United Nations employees, contractor personnel,
and peacekeeping troops serving in such mission from trafficking
in persons, exploiting victims of trafficking, or committing acts
of sexual exploitation and abuse or other violations of human rights,
and to hold accountable individuals who engage in such acts while
participating in such mission, including prosecution in their home
countries and making information about such prosecutions publicly
available on the website of the United Nations: Provided further,
That the Secretary of State shall work with the United Nations
and foreign governments contributing peacekeeping troops to imple-
ment effective vetting procedures to ensure that such troops have
not violated human rights: Provided further, That funds shall be
available for peacekeeping expenses unless the Secretary of State
determines that United States manufacturers and suppliers are
not being given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to those
being given to foreign manufacturers and suppliers: Provided fur-
ther, That none of the funds appropriated or otherwise made avail-
able under this heading may be used for any United Nations peace-
keeping mission that will involve United States Armed Forces under
the command or operational control of a foreign national, unless
President.
Recommenda-
tion.
Determination.
Procedures.
Human rights.
Certification.
Reports.
Human rights.
Public
information.
Web posting.
Deadline.
United Nations.
Notifications.
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133 STAT. 2821 PUBLIC LAW 116–94—DEC. 20, 2019
the President’s military advisors have submitted to the President
a recommendation that such involvement is in the national interest
of the United States and the President has submitted to Congress
such a recommendation: Provided further, That the Secretary of
State shall work with the United Nations and members of the
United Nations Security Council to evaluate and prioritize peace-
keeping missions, and to consider a drawdown when mission goals
have been substantially achieved: Provided further, That any pay-
ment of arrearages with funds appropriated by this Act shall be
subject to the regular notification procedures of the Committees
on Appropriations.
I
NTERNATIONAL
C
OMMISSIONS
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION
,
UNITED STATES
AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation expenses;
as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$48,170,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $36,900,000, to remain available until expended, as author-
ized.
AMERICAN SECTIONS
,
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the Inter-
national Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and the
Border Environment Cooperation Commission as authorized by the
North American Free Trade Agreement Implementation Act (Public
Law 103–182), $15,008,000: Provided, That of the amount provided
under this heading for the International Joint Commission, up
to $1,250,000 may remain available until September 30, 2021, and
up to $9,000 may be made available for representation expenses:
Provided further, That of the amount provided under this heading
for the International Boundary Commission, up to $1,000 may
be made available for representation expenses.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $62,718,000: Pro-
vided, That the United States share of such expenses may be
Compliance.
22 USC 269a
note.
Notification.
Evaluation.
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133 STAT. 2822 PUBLIC LAW 116–94—DEC. 20, 2019
advanced to the respective commissions pursuant to section 3324
of title 31, United States Code.
RELATED AGENCY
U
NITED
S
TATES
A
GENCY FOR
G
LOBAL
M
EDIA
INTERNATIONAL BROADCASTING OPERATIONS
For necessary expenses to enable the United States Agency
for Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for
radio, Internet, and television broadcasting to the Middle East,
$798,696,000: Provided, That in addition to amounts otherwise
available for such purposes, up to $40,708,000 of the amount appro-
priated under this heading may remain available until expended
for satellite transmissions and Internet freedom programs, of which
not less than $20,000,000 shall be for Internet freedom programs:
Provided further, That of the total amount appropriated under
this heading, not to exceed $35,000 may be used for representation
expenses, of which $10,000 may be used for such expenses within
the United States as authorized, and not to exceed $30,000 may
be used for representation expenses of Radio Free Europe/Radio
Liberty: Provided further, That the USAGM shall notify the
Committees on Appropriations within 15 days of any determination
by the USAGM that any of its broadcast entities, including its
grantee organizations, provides an open platform for international
terrorists or those who support international terrorism, or is in
violation of the principles and standards set forth in subsections
(a) and (b) of section 303 of the United States International Broad-
casting Act of 1994 (22 U.S.C. 6202) or the entity’s journalistic
code of ethics: Provided further, That in addition to funds made
available under this heading, and notwithstanding any other provi-
sion of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000 in
receipts from privatization efforts of the Voice of America and
the International Broadcasting Bureau, shall remain available until
expended for carrying out authorized purposes: Provided further,
That significant modifications to USAGM broadcast hours pre-
viously justified to Congress, including changes to transmission
platforms (shortwave, medium wave, satellite, Internet, and tele-
vision), for all USAGM language services shall be subject to the
regular notification procedures of the Committees on Appropria-
tions: Provided further, That up to $7,000,000 from the USAGM
Buying Power Maintenance account may be transferred to, and
merged with, funds appropriated by this Act under the heading
‘‘International Broadcasting Operations’’, which shall remain avail-
able until expended: Provided further, That such transfer authority
is in addition to any transfer authority otherwise available under
any other provision of law and shall be subject to prior consultation
with, and the regular notification procedures of, the Committees
on Appropriations: Provided further, That any reference to the
‘‘Broadcasting Board of Governors’’ or ‘‘BBG’’, including in any
account providing amounts to the Broadcasting Board of Governors,
in any Act making appropriations for the Department of State,
foreign operations, and related programs enacted before, on, or
Time period.
22 USC 6203
note.
Consultation.
Notification.
Notification.
Notification.
Deadline.
Determination.
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133 STAT. 2823 PUBLIC LAW 116–94—DEC. 20, 2019
after the date of the enactment of this Act shall for this fiscal
year, and any fiscal year thereafter, be construed to mean the
‘‘United States Agency for Global Media’’ or ‘‘USAGM’’, respectively.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital trans-
mission and reception; the purchase, rent, and installation of nec-
essary equipment for radio, television, and digital transmission
and reception, including to Cuba, as authorized; and physical secu-
rity worldwide, in addition to amounts otherwise available for such
purposes, $11,700,000, to remain available until expended, as
authorized, of which not less than $2,000,000 shall be made avail-
able for emergency repairs to USAGM transmitting stations.
RELATED PROGRAMS
T
HE
A
SIA
F
OUNDATION
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $19,000,000, to remain avail-
able until expended: Provided, That funds appropriated under this
heading shall be apportioned and obligated to the Foundation not
later than 60 days after enactment of this Act.
U
NITED
S
TATES
I
NSTITUTE OF
P
EACE
For necessary expenses of the United States Institute of Peace,
as authorized by the United States Institute of Peace Act (22
U.S.C. 4601 et seq.), $45,000,000, to remain available until Sep-
tember 30, 2021, which shall not be used for construction activities.
C
ENTER FOR
M
IDDLE
E
ASTERN
-W
ESTERN
D
IALOGUE
T
RUST
F
UND
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such
Fund on or before September 30, 2020, to remain available until
expended.
E
ISENHOWER
E
XCHANGE
F
ELLOWSHIP
P
ROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Pro-
gram Trust Fund on or before September 30, 2020, to remain
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by section 5376 of title 5, United
States Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations, including
the restrictions on compensation for personal services.
Apportionment.
Deadline.
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133 STAT. 2824 PUBLIC LAW 116–94—DEC. 20, 2019
I
SRAELI
A
RAB
S
CHOLARSHIP
P
ROGRAM
For necessary expenses of the Israeli Arab Scholarship Pro-
gram, as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452
note), all interest and earnings accruing to the Israeli Arab Scholar-
ship Fund on or before September 30, 2020, to remain available
until expended.
E
AST
-W
EST
C
ENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange
Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in
the State of Hawaii, $16,700,000: Provided, That funds appropriated
under this heading shall be apportioned and obligated to the Center
not later than 60 days after enactment of this Act.
N
ATIONAL
E
NDOWMENT FOR
D
EMOCRACY
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endow-
ment for Democracy Act (22 U.S.C. 4412), $300,000,000, to remain
available until expended, of which $195,840,000 shall be allocated
in the traditional and customary manner, including for the core
institutes, and $104,160,000 shall be for democracy programs: Pro-
vided, That the requirements of section 7061(a) of this Act shall
not apply to funds made available under this heading: Provided
further, That funds appropriated under this heading shall be appor-
tioned and obligated to the Endowment not later than 60 days
after enactment of this Act.
OTHER COMMISSIONS
C
OMMISSION FOR THE
P
RESERVATION OF
A
MERICA
’
S
H
ERITAGE
A
BROAD
SALARIES AND EXPENSES
For necessary expenses for the Commission for the Preservation
of America’s Heritage Abroad, $675,000, as authorized by chapter
3123 of title 54, United States Code: Provided, That the Commission
may procure temporary, intermittent, and other services notwith-
standing paragraph (3) of section 312304(b) of such chapter: Pro-
vided further, That such authority shall terminate on October 1,
2020: Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such authority.
U
NITED
S
TATES
C
OMMISSION ON
I
NTERNATIONAL
R
ELIGIOUS
F
REEDOM
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by title
II of the International Religious Freedom Act of 1998 (22 U.S.C.
6431 et seq.), $4,500,000, to remain available until September 30,
Termination
date.
Notification.
Apportionment.
Deadline.
Apportionment.
Deadline.
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133 STAT. 2825 PUBLIC LAW 116–94—DEC. 20, 2019
2021, including not more than $4,000 for representation expenses:
Provided, That prior to the obligation of $1,000,000 of the funds
appropriated under this heading, the Commission shall consult
with the appropriate congressional committees on the status of
legislation to reauthorize the Commission, and such funds shall
be subject to the regular notification procedures of the Committees
on Appropriations.
C
OMMISSION ON
S
ECURITY AND
C
OOPERATION IN
E
UROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304 (22
U.S.C. 3001 et seq.), $2,579,000, including not more than $4,000
for representation expenses, to remain available until September
30, 2021.
C
ONGRESSIONAL
-E
XECUTIVE
C
OMMISSION ON THE
P
EOPLE
’
S
R
EPUBLIC OF
C
HINA
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commis-
sion on the People’s Republic of China, as authorized by title III
of the U.S.-China Relations Act of 2000 (22 U.S.C. 6911 et seq.),
$2,250,000, including not more than $3,000 for representation
expenses, to remain available until September 30, 2021.
U
NITED
S
TATES
-C
HINA
E
CONOMIC AND
S
ECURITY
R
EVIEW
C
OMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not more
than $4,000 for representation expenses, to remain available until
September 30, 2021: Provided, That the authorities, requirements,
limitations, and conditions contained in the second through sixth
provisos under this heading in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (divi-
sion F of Public Law 111–117) shall continue in effect during
fiscal year 2020 and shall apply to funds appropriated under this
heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
F
UNDS
A
PPROPRIATED TO THE
P
RESIDENT
OPERATING EXPENSES
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $1,377,246,000, of which
Extension.
Applicability.
Consultation.
Notification.
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133 STAT. 2826 PUBLIC LAW 116–94—DEC. 20, 2019
up to $206,587,000 may remain available until September 30, 2021:
Provided, That none of the funds appropriated under this heading
and under the heading ‘‘Capital Investment Fund’’ in this title
may be made available to finance the construction (including
architect and engineering services), purchase, or long-term lease
of offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified such
proposed use of funds in a report submitted to the Committees
on Appropriations at least 15 days prior to the obligation of funds
for such purposes: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may entail
commitments for the expenditure of such funds through the fol-
lowing fiscal year: Provided further, That the authority of sections
610 and 109 of the Foreign Assistance Act of 1961 may be exercised
by the Secretary of State to transfer funds appropriated to carry
out chapter 1 of part I of such Act to ‘‘Operating Expenses’’ in
accordance with the provisions of those sections: Provided further,
That of the funds appropriated or made available under this
heading, not to exceed $250,000 may be available for representation
and entertainment expenses, of which not to exceed $5,000 may
be available for entertainment expenses, and not to exceed $100,500
shall be for official residence expenses, for USAID during the cur-
rent fiscal year: Provided further, That the USAID Administrator
shall consult with the Committees on Appropriations not later
than 60 days after enactment of this Act on changes to the account
structure as described in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $210,300,000, to remain
available until expended: Provided, That this amount is in addition
to funds otherwise available for such purposes: Provided further,
That funds appropriated under this heading shall be available
subject to the regular notification procedures of the Committees
on Appropriations.
OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $75,500,000, of which
up to $11,325,000 may remain available until September 30, 2021,
for the Office of Inspector General of the United States Agency
for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
F
UNDS
A
PPROPRIATED TO THE
P
RESIDENT
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
Notification.
Consultation.
Deadline.
Contracts.
Reports.
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133 STAT. 2827 PUBLIC LAW 116–94—DEC. 20, 2019
GLOBAL HEALTH PROGRAMS
For necessary expenses to carry out the provisions of chapters
1 and 10 of part I of the Foreign Assistance Act of 1961, for
global health activities, in addition to funds otherwise available
for such purposes, $3,162,450,000, to remain available until Sep-
tember 30, 2021, and which shall be apportioned directly to the
United States Agency for International Development not later than
60 days after enactment of this Act: Provided, That this amount
shall be made available for training, equipment, and technical
assistance to build the capacity of public health institutions and
organizations in developing countries, and for such activities as:
(1) child survival and maternal health programs; (2) immunization
and oral rehydration programs; (3) other health, nutrition, water
and sanitation programs which directly address the needs of moth-
ers and children, and related education programs; (4) assistance
for children displaced or orphaned by causes other than AIDS;
(5) programs for the prevention, treatment, control of, and research
on HIV/AIDS, tuberculosis, polio, malaria, and other infectious dis-
eases including neglected tropical diseases, and for assistance to
communities severely affected by HIV/AIDS, including children
infected or affected by AIDS; (6) disaster preparedness training
for health crises; (7) programs to prevent, prepare for, and respond
to, unanticipated and emerging global health threats; and (8) family
planning/reproductive health: Provided further, That funds appro-
priated under this paragraph may be made available for a United
States contribution to The GAVI Alliance: Provided further, That
none of the funds made available in this Act nor any unobligated
balances from prior appropriations Acts may be made available
to any organization or program which, as determined by the Presi-
dent of the United States, supports or participates in the manage-
ment of a program of coercive abortion or involuntary sterilization:
Provided further, That any determination made under the previous
proviso must be made not later than 6 months after the date
of enactment of this Act, and must be accompanied by the evidence
and criteria utilized to make the determination: Provided further,
That none of the funds made available under this Act may be
used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice abortions:
Provided further, That nothing in this paragraph shall be construed
to alter any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be
used to lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects which
offer, either directly or through referral to, or information about
access to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall meet
the following requirements: (1) service providers or referral agents
in the project shall not implement or be subject to quotas, or
other numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the use
of quantitative estimates or indicators for budgeting and planning
purposes); (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to: (A) an individual in
Determination.
Deadline.
President.
Determination.
Apportionment.
Deadline.
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133 STAT. 2828 PUBLIC LAW 116–94—DEC. 20, 2019
exchange for becoming a family planning acceptor; or (B) program
personnel for achieving a numerical target or quota of total number
of births, number of family planning acceptors, or acceptors of
a particular method of family planning; (3) the project shall not
deny any right or benefit, including the right of access to participate
in any program of general welfare or the right of access to health
care, as a consequence of any individual’s decision not to accept
family planning services; (4) the project shall provide family plan-
ning acceptors comprehensible information on the health benefits
and risks of the method chosen, including those conditions that
might render the use of the method inadvisable and those adverse
side effects known to be consequent to the use of the method;
and (5) the project shall ensure that experimental contraceptive
drugs and devices and medical procedures are provided only in
the context of a scientific study in which participants are advised
of potential risks and benefits; and, not less than 60 days after
the date on which the USAID Administrator determines that there
has been a violation of the requirements contained in paragraph
(1), (2), (3), or (5) of this proviso, or a pattern or practice of
violations of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation
and the corrective action taken by the Agency: Provided further,
That in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant’s religious or con-
scientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements
of the previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for the
Department of State, foreign operations, and related programs,
the term ‘‘motivate’’, as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent with
local law, of information or counseling about all pregnancy options:
Provided further, That information provided about the use of
condoms as part of projects or activities that are funded from
amounts appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of such
use.
In addition, for necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $5,930,000,000, to
remain available until September 30, 2024, which shall be appor-
tioned directly to the Department of State not later than 60 days
after enactment of this Act: Provided, That funds appropriated
under this paragraph may be made available, notwithstanding any
other provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public
Law 108–25), for a United States contribution to the Global Fund
to Fight AIDS, Tuberculosis and Malaria (Global Fund): Provided
further, That the amount of such contribution shall be
$1,560,000,000 and shall be for the first installment of the sixth
replenishment: Provided further, That up to 5 percent of the aggre-
gate amount of funds made available to the Global Fund in fiscal
year 2020 may be made available to USAID for technical assistance
related to the activities of the Global Fund, subject to the regular
Notification.
Apportionment.
Deadline.
Grants.
Compliance.
Requirements.
Reports.
Time period.
Determination.
Requirements.
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133 STAT. 2829 PUBLIC LAW 116–94—DEC. 20, 2019
notification procedures of the Committees on Appropriations: Pro-
vided further, That of the funds appropriated under this paragraph,
up to $17,000,000 may be made available, in addition to amounts
otherwise available for such purposes, for administrative expenses
of the Office of the United States Global AIDS Coordinator.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of sections
103, 105, 106, 214, and sections 251 through 255, and chapter
10 of part I of the Foreign Assistance Act of 1961, $3,400,000,000,
to remain available until September 30, 2021: Provided, That funds
made available under this heading shall be apportioned directly
to the United States Agency for International Development not
later than 60 days after enactment of this Act.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $4,395,362,000,
to remain available until expended, of which $1,733,980,000 is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided, That funds made available under this heading shall be
apportioned to the United States Agency for International Develop-
ment not later than 60 days after enactment of this Act.
TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transi-
tion Initiatives, United States Agency for International Develop-
ment, pursuant to section 491 of the Foreign Assistance Act of
1961, and to support transition to democracy and long-term develop-
ment of countries in crisis, $92,043,000, to remain available until
expended: Provided, That such support may include assistance to
develop, strengthen, or preserve democratic institutions and proc-
esses, revitalize basic infrastructure, and foster the peaceful resolu-
tion of conflict: Provided further, That the USAID Administrator
shall submit a report to the Committees on Appropriations at
least 5 days prior to beginning a new program of assistance: Pro-
vided further, That if the Secretary of State determines that it
is important to the national interest of the United States to provide
transition assistance in excess of the amount appropriated under
this heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign Assistance
Act of 1961 may be used for purposes of this heading and under
the authorities applicable to funds appropriated under this heading:
Provided further, That funds made available pursuant to the pre-
vious proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
COMPLEX CRISES FUND
For necessary expenses to carry out the provisions of the For-
eign Assistance Act of 1961 to support programs and activities
Consultation.
Determination.
Reports.
Deadline.
Apportionment.
Deadline.
Apportionment.
Deadline.
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133 STAT. 2830 PUBLIC LAW 116–94—DEC. 20, 2019
administered by the United States Agency for International
Development to prevent or respond to emerging or unforeseen for-
eign challenges and complex crises overseas, $30,000,000, to remain
available until expended: Provided, That funds appropriated under
this heading may be made available on such terms and conditions
as are appropriate and necessary for the purposes of preventing
or responding to such challenges and crises, except that no funds
shall be made available for lethal assistance or to respond to natural
disasters: Provided further, That funds appropriated under this
heading may be made available notwithstanding any other provision
of law, except sections 7007, 7008, and 7018 of this Act and section
620M of the Foreign Assistance Act of 1961: Provided further,
That funds appropriated under this heading may be used for
administrative expenses, in addition to funds otherwise available
for such purposes, except that such expenses may not exceed 5
percent of the funds appropriated under this heading: Provided
further, That funds appropriated under this heading shall be appor-
tioned to USAID not later than 60 days after enactment of this
Act: Provided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of the
Committees on Appropriations, except that such notifications shall
be transmitted at least 5 days prior to the obligation of funds.
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $3,045,000,000,
to remain available until September 30, 2021.
DEMOCRACY FUND
For necessary expenses to carry out the provisions of the For-
eign Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5)
of Public Law 98–164 (22 U.S.C. 4411), $178,450,000, to remain
available until September 30, 2021, which shall be made available
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor, Department of State, and
shall be apportioned to such Bureau not later than 60 days after
enactment of this Act: Provided, That funds appropriated under
this heading that are made available to the National Endowment
for Democracy and its core institutes are in addition to amounts
otherwise available by this Act for such purposes: Provided further,
That the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, shall consult with the Committees
on Appropriations prior to the initial obligation of funds appro-
priated under this paragraph.
For an additional amount for such purposes, $95,250,000, to
remain available until September 30, 2021, which shall be made
available for the Bureau for Democracy, Conflict, and Humanitarian
Assistance, United States Agency for International Development,
and shall be apportioned to such Bureau not later than 60 days
after enactment of this Act.
ASSISTANCE FOR EUROPE
,
EURASIA AND CENTRAL ASIA
For necessary expenses to carry out the provisions of the For-
eign Assistance Act of 1961, the FREEDOM Support Act (Public
Apportionment.
Deadline.
Consultation.
Apportionment.
Deadline.
Notifications.
Deadline.
Apportionment.
Deadline.
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133 STAT. 2831 PUBLIC LAW 116–94—DEC. 20, 2019
Law 102–511), and the Support for Eastern European Democracy
(SEED) Act of 1989 (Public Law 101–179), $770,334,000, to remain
available until September 30, 2021, which shall be available, not-
withstanding any other provision of law, except section 7047 of
this Act, for assistance and related programs for countries identified
in section 3 of the FREEDOM Support Act (22 U.S.C. 5801) and
section 3(c) of the SEED Act of 1989 (22 U.S.C. 5402), in addition
to funds otherwise available for such purposes: Provided, That
funds appropriated by this Act under the headings ‘‘Global Health
Programs’’, ‘‘Economic Support Fund’’, and ‘‘International Narcotics
Control and Law Enforcement’’ that are made available for assist-
ance for such countries shall be administered in accordance with
the responsibilities of the coordinator designated pursuant to section
102 of the FREEDOM Support Act and section 601 of the SEED
Act of 1989: Provided further, That funds appropriated under this
heading shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making available
the administrative authorities contained in that Act for the use
of economic assistance: Provided further, That funds appropriated
under this heading may be made available for contributions to
multilateral initiatives to counter hybrid threats: Provided further,
That any notification of funds made available under this heading
in this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall include
information (if known on the date of transmittal of such notification)
on the use of notwithstanding authority: Provided further, That
if subsequent to the notification of assistance it becomes necessary
to rely on notwithstanding authority, the Committees on Appropria-
tions should be informed at the earliest opportunity and to the
extent practicable.
D
EPARTMENT OF
S
TATE
MIGRATION AND REFUGEE ASSISTANCE
For necessary expenses not otherwise provided for, to enable
the Secretary of State to carry out the provisions of section 2(a)
and (b) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601), and other activities to meet refugee and migration
needs; salaries and expenses of personnel and dependents as author-
ized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.);
allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor
vehicles; and services as authorized by section 3109 of title 5,
United States Code, $3,432,000,000, to remain available until
expended, of which: $1,521,355,000 is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985; not less than $35,000,000
shall be made available to respond to small-scale emergency
humanitarian requirements; and $5,000,000 shall be made available
for refugees resettling in Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND
For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
Notification.
Notification.
Consideration.
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133 STAT. 2832 PUBLIC LAW 116–94—DEC. 20, 2019
2601(c)), $100,000, to remain available until expended: Provided,
That amounts in excess of the limitation contained in paragraph
(2) of such section shall be transferred to, and merged with, funds
made available by this Act under the heading ‘‘Migration and Ref-
ugee Assistance’’.
I
NDEPENDENT
A
GENCIES
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not
to exceed five passenger motor vehicles for administrative purposes
for use outside of the United States, $410,500,000, of which
$6,330,000 is for the Office of Inspector General, to remain available
until September 30, 2021: Provided, That the Director of the Peace
Corps may transfer to the Foreign Currency Fluctuations Account,
as authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further, That
funds transferred pursuant to the previous proviso may not be
derived from amounts made available for Peace Corps overseas
operations: Provided further, That of the funds appropriated under
this heading, not to exceed $104,000 may be available for represen-
tation expenses, of which not to exceed $4,000 may be made avail-
able for entertainment expenses: Provided further, That none of
the funds appropriated under this heading shall be used to pay
for abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113–76 shall apply
to funds appropriated under this heading.
MILLENNIUM CHALLENGE CORPORATION
For necessary expenses to carry out the provisions of the Millen-
nium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$905,000,000, to remain available until expended: Provided, That
of the funds appropriated under this heading, up to $105,000,000
may be available for administrative expenses of the Millennium
Challenge Corporation: Provided further, That section 605(e) of
the MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated
under this heading: Provided further, That funds appropriated
under this heading may be made available for a Millennium Chal-
lenge Compact entered into pursuant to section 609 of the MCA
(22 U.S.C. 7708) only if such Compact obligates, or contains a
commitment to obligate subject to the availability of funds and
the mutual agreement of the parties to the Compact to proceed,
the entire amount of the United States Government funding antici-
pated for the duration of the Compact: Provided further, That
no country should be eligible for a threshold program after such
country has completed a country compact: Provided further, That
of the funds appropriated under this heading, not to exceed $100,000
may be available for representation and entertainment expenses,
of which not to exceed $5,000 may be available for entertainment
expenses.
Applicability.
Applicability.
Abortion.
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133 STAT. 2833 PUBLIC LAW 116–94—DEC. 20, 2019
INTER
-
AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, $37,500,000, to remain
available until September 30, 2021: Provided, That of the funds
appropriated under this heading, not to exceed $2,000 may be
available for representation expenses.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96–533; 22 U.S.C. 290h
et seq.), $33,000,000, to remain available until September 30, 2021,
of which not to exceed $2,000 may be available for representation
expenses: Provided, That funds made available to grantees may
be invested pending expenditure for project purposes when author-
ized by the Board of Directors of the United States African Develop-
ment Foundation (USADF): Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act (22 U.S.C. 290h–3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by
up to 10 percent if the increase is due solely to foreign currency
fluctuation: Provided further, That the USADF shall submit a report
to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF
may make rent or lease payments in advance from appropriations
available for such purpose for offices, buildings, grounds, and quar-
ters in Africa as may be necessary to carry out its functions:
Provided further, That the USADF may maintain bank accounts
outside the United States Treasury and retain any interest earned
on such accounts, in furtherance of the purposes of the African
Development Foundation Act: Provided further, That the USADF
may not withdraw any appropriation from the Treasury prior to
the need of spending such funds for program purposes.
D
EPARTMENT OF THE
T
REASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $30,000,000, to remain
available until expended, of which not more than $6,000,000 may
be used for administrative expenses: Provided, That amounts made
available under this heading may be made available to contract
for services as described in section 129(d)(3)(A) of the Foreign
Assistance Act of 1961, without regard to the location in which
such services are performed.
DEBT RESTRUCTURING
For the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
President.
Determination.
Reports.
Waiver authority.
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133 STAT. 2834 PUBLIC LAW 116–94—DEC. 20, 2019
the President may determine, for which funds have been appro-
priated or otherwise made available for programs within the Inter-
national Affairs Budget Function 150, including the cost of selling,
reducing, or canceling amounts owed to the United States as a
result of concessional loans made to eligible countries, pursuant
to part V of the Foreign Assistance Act of 1961, $15,000,000, to
remain available until September 30, 2021.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
D
EPARTMENT OF
S
TATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,391,000,000, to remain available until
September 30, 2021: Provided, That the Department of State may
use the authority of section 608 of the Foreign Assistance Act
of 1961, without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject to
the regular notification procedures of the Committees on Appropria-
tions: Provided further, That section 482(b) of the Foreign Assist-
ance Act of 1961 shall not apply to funds appropriated under
this heading, except that any funds made available notwithstanding
such section shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That funds
appropriated under this heading shall be made available to support
training and technical assistance for foreign law enforcement,
corrections, judges, and other judicial authorities, utilizing regional
partners: Provided further, That funds made available under this
heading that are transferred to another department, agency, or
instrumentality of the United States Government pursuant to sec-
tion 632(b) of the Foreign Assistance Act of 1961 valued in excess
of $5,000,000, and any agreement made pursuant to section 632(a)
of such Act, shall be subject to the regular notification procedures
of the Committees on Appropriations.
NONPROLIFERATION
,
ANTI
-
TERRORISM
,
DEMINING AND RELATED
PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $895,750,000, to
remain available until September 30, 2021, to carry out the provi-
sions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support
Act (22 U.S.C. 5854), section 23 of the Arms Export Control Act
(22 U.S.C. 2763), or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the destruction
of small arms, and related activities, notwithstanding any other
provision of law, including activities implemented through non-
governmental and international organizations, and section 301 of
the Foreign Assistance Act of 1961 for a United States contribution
to the Comprehensive Nuclear Test Ban Treaty Preparatory
Notification.
Notification.
Notification.
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133 STAT. 2835 PUBLIC LAW 116–94—DEC. 20, 2019
Commission, and for a voluntary contribution to the International
Atomic Energy Agency (IAEA): Provided, That funds made available
under this heading for the Nonproliferation and Disarmament Fund
shall be made available, notwithstanding any other provision of
law and subject to prior consultation with, and the regular notifica-
tion procedures of, the Committees on Appropriations, to promote
bilateral and multilateral activities relating to nonproliferation,
disarmament, and weapons destruction, and shall remain available
until expended: Provided further, That such funds may also be
used for such countries other than the Independent States of the
former Soviet Union and international organizations when it is
in the national security interest of the United States to do so:
Provided further, That funds appropriated under this heading may
be made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to participate in
the activities of that Agency: Provided further, That funds made
available for conventional weapons destruction programs, including
demining and related activities, in addition to funds otherwise
available for such purposes, may be used for administrative
expenses related to the operation and management of such pro-
grams and activities, subject to the regular notification procedures
of the Committees on Appropriations.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $457,348,000, of which
$325,213,000, to remain available until September 30, 2021, is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided, That funds appropriated under this heading may be used,
notwithstanding section 660 of the Foreign Assistance Act of 1961,
to provide assistance to enhance the capacity of foreign civilian
security forces, including gendarmes, to participate in peacekeeping
operations: Provided further, That of the funds appropriated under
this heading, not less than $31,000,000 shall be made available
for a United States contribution to the Multinational Force and
Observers mission in the Sinai and not less than $71,000,000 shall
be made available for the Global Peace Operations Initiative: Pro-
vided further, That funds appropriated under this heading may
be made available to pay assessed expenses of international peace-
keeping activities in Somalia under the same terms and conditions,
as applicable, as funds appropriated by this Act under the heading
‘‘Contributions for International Peacekeeping Activities’’: Provided
further, That none of the funds appropriated under this heading
shall be obligated except as provided through the regular notifica-
tion procedures of the Committees on Appropriations.
F
UNDS
A
PPROPRIATED TO THE
P
RESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $112,925,000, of which
up to $11,000,000 may remain available until September 30, 2021
and may not be obligated until the Secretary of State submits
to the Committees on Appropriations, following consultation with
Consultation.
Plan.
Notification.
Notification.
Determination.
Israel.
Consultation.
Notification.
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133 STAT. 2836 PUBLIC LAW 116–94—DEC. 20, 2019
such Committees, a monitoring and evaluation plan for funds made
available under this heading, as described under this heading in
Senate Report 116–126: Provided, That the civilian personnel for
whom military education and training may be provided under this
heading may include civilians who are not members of a government
whose participation would contribute to improved civil-military rela-
tions, civilian control of the military, or respect for human rights:
Provided further, That of the funds appropriated under this heading,
not to exceed $50,000 may be available for entertainment expenses.
FOREIGN MILITARY FINANCING PROGRAM
For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control
Act (22 U.S.C. 2763), $6,156,924,000, of which $511,909,000, to
remain available until September 30, 2021, is designated by the
Congress for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided, That to
expedite the provision of assistance to foreign countries and inter-
national organizations, the Secretary of State, following consultation
with the Committees on Appropriations and subject to the regular
notification procedures of such Committees, may use the funds
appropriated under this heading to procure defense articles and
services to enhance the capacity of foreign security forces: Provided
further, That of the funds appropriated under this heading, not
less than $3,300,000,000 shall be available for grants only for
Israel which shall be disbursed within 30 days of enactment of
this Act: Provided further, That to the extent that the Government
of Israel requests that funds be used for such purposes, grants
made available for Israel under this heading shall, as agreed by
the United States and Israel, be available for advanced weapons
systems, of which not less than $805,300,000 shall be available
for the procurement in Israel of defense articles and defense serv-
ices, including research and development: Provided further, That
funds appropriated or otherwise made available under this heading
shall be nonrepayable notwithstanding any requirement in section
23 of the Arms Export Control Act: Provided further, That funds
made available under this heading shall be obligated upon appor-
tionment in accordance with paragraph (5)(C) of section 1501(a)
of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurement
has first signed an agreement with the United States Government
specifying the conditions under which such procurement may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided further,
That funds made available under this heading may be used, not-
withstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ‘‘Foreign Military Sales Financing
Notification.
Contracts.
Grants.
Israel.
Disbursement.
Deadline.
Israel.
Consultation.
Notification.
Contracts.
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133 STAT. 2837 PUBLIC LAW 116–94—DEC. 20, 2019
Program’’ in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available
under this heading for procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That
not more than $70,000,000 of the funds appropriated under this
heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of administering
military assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
made available under this heading for general costs of administering
military assistance and sales, not to exceed $4,000 may be available
for entertainment expenses and not to exceed $130,000 may be
available for representation expenses: Provided further, That not
more than $1,082,200,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act (22 U.S.C. 2761(e)(1)(A))
may be obligated for expenses incurred by the Department of
Defense during fiscal year 2020 pursuant to section 43(b) of the
Arms Export Control Act (22 U.S.C. 2792(b)), except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
F
UNDS
A
PPROPRIATED TO THE
P
RESIDENT
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, $390,500,000: Provided,
That section 307(a) of the Foreign Assistance Act of 1961 shall
not apply to contributions to the United Nations Democracy Fund:
Provided further, That not later than 60 days after enactment
of this Act, such funds shall be made available for core contributions
for each entity listed in the table under this heading in the explana-
tory statement described in section 4 (in the matter preceding
division A of this consolidated Act) unless otherwise provided for
in this Act, or if the Secretary of State has justified the proposed
uses of funds other than for core contributions following prior
consultation with, and subject to the regular notification procedures
of, the Committees on Appropriations.
I
NTERNATIONAL
F
INANCIAL
I
NSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by
the Secretary of the Treasury, $139,575,000, to remain available
until, and to be fully disbursed not later than, September 30,
2021: Provided, That of such amount, $136,563,000, which shall
Deadline.
Deadline.
Deadline.
Consultation.
Notification.
Notification.
Notification.
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133 STAT. 2838 PUBLIC LAW 116–94—DEC. 20, 2019
remain available until September 30, 2020, is only available for
the second installment of the seventh replenishment of the Global
Environment Facility, and shall be obligated and disbursed not
later than 90 days after enactment of this Act: Provided further,
That the Secretary shall report to the Committees on Appropriations
on the status of funds provided under this heading not less than
quarterly until fully disbursed: Provided further, That in such report
the Secretary shall provide a timeline for the obligation and
disbursement of any funds that have not yet been obligated or
disbursed.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION
AND DEVELOPMENT
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$206,500,000, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$1,421,275,728.70.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $1,097,010,000, to remain available
until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For payment to the Asian Development Bank’s Asian Develop-
ment Fund by the Secretary of the Treasury, $47,395,000, to remain
available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For payment to the African Development Fund by the Secretary
of the Treasury, $171,300,000, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until, and to be fully disbursed no later than,
September 30, 2021, for the second installment of the eleventh
replenishment of the International Fund for Agricultural Develop-
ment: Provided, That the Secretary of the Treasury shall report
to the Committees on Appropriations on the status of such payment
not less than quarterly until fully disbursed: Provided further,
That in such report the Secretary shall provide a timeline for
the obligation and disbursement of any funds that have not yet
been obligated or disbursed.
Timeline.
Reports.
Time period.
Deadline.
Timeline.
Reports.
Time period.
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133 STAT. 2839 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
E
XPORT
-I
MPORT
B
ANK OF THE
U
NITED
S
TATES
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $5,700,000, of which up to $855,000 may remain
available until September 30, 2021.
PROGRAM ACCOUNT
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the pro-
gram for the current fiscal year for such corporation: Provided,
That none of the funds available during the current fiscal year
may be used to make expenditures, contracts, or commitments
for the export of nuclear equipment, fuel, or technology to any
country, other than a nuclear-weapon state as defined in Article
IX of the Treaty on the Non-Proliferation of Nuclear Weapons
eligible to receive economic or military assistance under this Act,
that has detonated a nuclear explosive after the date of enactment
of this Act.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaran-
teed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by section 3109 of title
5, United States Code, and not to exceed $30,000 for official recep-
tion and representation expenses for members of the Board of
Directors, not to exceed $110,000,000, of which up to $16,500,000
may remain available until September 30, 2021: Provided, That
the Export-Import Bank (the Bank) may accept, and use, payment
or services provided by transaction participants for legal, financial,
or technical services in connection with any transaction for which
an application for a loan, guarantee or insurance commitment has
been made: Provided further, That the Bank shall charge fees
for necessary expenses (including special services performed on
a contract or fee basis, but not including other personal services)
in connection with the collection of moneys owed the Bank, reposses-
sion or sale of pledged collateral or other assets acquired by the
Bank in satisfaction of moneys owed the Bank, or the investigation
or appraisal of any property, or the evaluation of the legal, financial,
or technical aspects of any transaction for which an application
for a loan, guarantee or insurance commitment has been made,
or systems infrastructure directly supporting transactions: Provided
further, That in addition to other funds appropriated for administra-
tive expenses, such fees shall be credited to this account for such
purposes, to remain available until expended.
Fees.
Contracts.
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133 STAT. 2840 PUBLIC LAW 116–94—DEC. 20, 2019
RECEIPTS COLLECTED
Receipts collected pursuant to the Export-Import Bank Act
of 1945 (Public Law 79–173) and the Federal Credit Reform Act
of 1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this account:
Provided, That the sums herein appropriated from the General
Fund shall be reduced on a dollar-for-dollar basis by such offsetting
collections so as to result in a final fiscal year appropriation from
the General Fund estimated at $0.
U
NITED
S
TATES
I
NTERNATIONAL
D
EVELOPMENT
F
INANCE
C
ORPORATION
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $2,000,000, to remain available until September
30, 2021.
CORPORATE CAPITAL ACCOUNT
The United States International Development Finance Corpora-
tion (the Corporation) is authorized to make such expenditures
and commitments within the limits of funds and borrowing
authority available to the Corporation, and in accordance with
the law, and to make such expenditures and commitments without
regard to fiscal year limitations, as provided by section 9104 of
title 31, United States Code, as may be necessary in carrying
out the programs for the current fiscal year for the Corporation:
Provided, That for necessary expenses of the activities described
in subsections (b), (c), (e), (f), and (g) of section 1421 of the BUILD
Act of 2018 (division F of Public Law 115–254) and for administra-
tive expenses to carry out authorized activities and project-specific
transaction costs described in section 1434(d) of such Act,
$299,000,000: Provided further, That of the amount provided—
(1) $119,000,000 shall remain available until September
30, 2022, for administrative expenses to carry out authorized
activities (including an amount for official reception and rep-
resentation expenses which shall not exceed $25,000) and
project-specific transaction costs as described in section 1434(k)
of such Act, of which $1,000,000 shall remain available until
September 30, 2024;
(2) $150,000,000 shall remain available until September
30, 2022, for the activities described in section 1421(c) of such
Act, except such amounts obligated in a fiscal year shall remain
available for disbursement for the term of the underlying
project: Provided further, That if the term of the project extends
longer than 10 fiscal years, the Chief Executive Officer of
the Corporation shall inform the appropriate congressional
committees prior to the obligation or disbursement of funds,
as applicable: Provided further, That amounts may only be
obligated after the Chief Executive Officer of the Corporation
submits to the appropriate congressional committees the guide-
lines and criteria required by paragraph (3) of such section;
and
Guidelines.
Criteria.
Time period.
Notification.
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133 STAT. 2841 PUBLIC LAW 116–94—DEC. 20, 2019
(3) $30,000,000 shall be paid to the ‘‘United States Inter-
national Development Finance Corporation—Program Account’’
for programs authorized by subsections (b), (e), (f), and (g)
of section 1421 of the BUILD Act of 2018 (division F of Public
Law 115–254):
Provided further, That funds may only be obligated pursuant to
section 1421(g) of the BUILD Act of 2018 subject to prior consulta-
tion with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations: Pro-
vided further, That in this fiscal year, and each fiscal year there-
after, the Corporation shall collect the amounts described in section
1434(h) of the BUILD Act of 2018: Provided further, That in fiscal
year 2020 such collections shall be credited as offsetting collections
to this appropriation: Provided further, That such collections col-
lected in fiscal year 2020 in excess of $299,000,000 shall be credited
to this account and shall be available in future fiscal years only
to the extent provided in advance in appropriations Acts: Provided
further, That in fiscal year 2020, if such collections are less than
$299,000,000, receipts collected pursuant to the BUILD Act of 2018
and the Federal Credit Reform Act of 1990, in an amount equal
to such shortfall, shall be credited as offsetting collections to this
appropriation: Provided further, That funds appropriated or other-
wise made available under this heading may not be used to provide
any type of assistance that is otherwise prohibited by any other
provision of law or to provide assistance to any foreign country
that is otherwise prohibited by any other provision of law: Provided
further, That the sums herein appropriated from the General Fund
shall be reduced on a dollar-for-dollar basis by the offsetting collec-
tions described under this heading so as to result in a final fiscal
year appropriation from the General Fund estimated at $0.
PROGRAM ACCOUNT
Amounts paid from ‘‘United States International Development
Finance Corporation—Corporate Capital Account’’ (CCA) shall
remain available until September 30, 2022: Provided, That up to
$80,000,000 of amounts paid to this account from CCA or trans-
ferred to this account pursuant to section 1434(j) of the BUILD
Act of 2018 (division F of Public Law 115–254) shall be available
for the costs of direct and guaranteed loans provided by the Corpora-
tion pursuant to section 1421(b) of such Act: Provided further,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such amounts obligated in a fiscal
year shall remain available for disbursement for the following 8
fiscal years: Provided further, That funds transferred to carry out
the Foreign Assistance Act of 1961 pursuant to section 1434(j)
of the BUILD Act of 2018 may remain available for obligation
for 1 additional fiscal year: Provided further, That the total loan
principal or guaranteed principal amount shall not exceed
$8,000,000,000.
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $79,500,000, to remain
available until September 30, 2021, of which no more than
$19,000,000 may be used for administrative expenses: Provided,
Reduction.
Collections.
22 USC 9634
note.
Consultation.
Notification.
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133 STAT. 2842 PUBLIC LAW 116–94—DEC. 20, 2019
That of the funds appropriated under this heading, not more than
$5,000 may be available for representation and entertainment
expenses.
TITLE VII
GENERAL PROVISIONS
ALLOWANCES AND DIFFERENTIALS
S
EC
. 7001. Funds appropriated under title I of this Act shall
be available, except as otherwise provided, for allowances and dif-
ferentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and
for hire of passenger transportation pursuant to section 1343(b)
of title 31, United States Code.
UNOBLIGATED BALANCES REPORT
S
EC
. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on Appropria-
tions a quarterly accounting of cumulative unobligated balances
and obligated, but unexpended, balances by program, project, and
activity, and Treasury Account Fund Symbol of all funds received
by such department or agency in fiscal year 2020 or any previous
fiscal year, disaggregated by fiscal year: Provided, That the report
required by this section shall be submitted not later than 30 days
after the end of each fiscal quarter and should specify by account
the amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
CONSULTING SERVICES
S
EC
. 7003. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement con-
tract, pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
DIPLOMATIC FACILITIES
S
EC
. 7004. (a) C
APITAL
S
ECURITY
C
OST
S
HARING
E
XCEPTION
.—
Notwithstanding paragraph (2) of section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (title VI
of division A of H.R. 3427, as enacted into law by section 1000(a)(7)
of Public Law 106–113 and contained in appendix G of that Act),
as amended by section 111 of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114–323), a project to construct
a facility of the United States may include office space or other
accommodations for members of the United States Marine Corps.
(b) N
EW
D
IPLOMATIC
F
ACILITIES
.—For the purposes of calcu-
lating the fiscal year 2020 costs of providing new United States
diplomatic facilities in accordance with section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C.
4865 note), the Secretary of State, in consultation with the Director
Consultation.
Determination.
Contracts.
Time period.
Records.
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133 STAT. 2843 PUBLIC LAW 116–94—DEC. 20, 2019
of the Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is proportional
to the contribution of the Department of State for this purpose.
(c) C
ONSULTATION AND
N
OTIFICATION
.—Funds appropriated by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs, which may be
made available for the acquisition of property or award of construc-
tion contracts for overseas United States diplomatic facilities during
fiscal year 2020, shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on Appropria-
tions: Provided, That notifications pursuant to this subsection shall
include the information enumerated under the heading ‘‘Embassy
Security, Construction, and Maintenance’’ in House Report 116–
78.
(d) I
NTERIM AND
T
EMPORARY
F
ACILITIES
A
BROAD
.—
(1) S
ECURITY VULNERABILITIES
.—Funds appropriated by
this Act under the heading ‘‘Embassy Security, Construction,
and Maintenance’’ may be made available, following consulta-
tion with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical security
upgrades and local guard staffing, except that the amount
of funds made available for such purposes from this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be a minimum
of $25,000,000.
(2) C
ONSULTATION
.—Notwithstanding any other provision
of law, the opening, closure, or any significant modification
to an interim or temporary United States diplomatic facility
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification proce-
dures of the Committees on Appropriations, except that such
consultation and notification may be waived if there is a secu-
rity risk to personnel.
(e) S
OFT
T
ARGETS
.—Of the funds appropriated by this Act under
the heading ‘‘Embassy Security, Construction, and Maintenance’’,
not less than $10,000,000 shall be made available for security
upgrades to soft targets, including schools, recreational facilities,
and residences used by United States diplomatic personnel and
their dependents.
PERSONNEL ACTIONS
S
EC
. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available under title
I to such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 7015 of this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
S
EC
. 7006. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
Notification.
Waiver authority.
Consultation.
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133 STAT. 2844 PUBLIC LAW 116–94—DEC. 20, 2019
the United States not authorized before enactment of this Act
by Congress: Provided, That up to $25,000 may be made available
to carry out the provisions of section 316 of the International
Security and Development Cooperation Act of 1980 (Public Law
96–533; 22 U.S.C. 2151a note).
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
S
EC
. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or repara-
tions for the governments of Cuba, North Korea, Iran, or Syria:
Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans, credits, insur-
ance, and guarantees of the Export-Import Bank or its agents.
COUPS D
’
E
´
TAT
S
EC
. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government
is deposed by military coup d’e
´
tat or decree or, after the date
of enactment of this Act, a coup d’e
´
tat or decree in which the
military plays a decisive role: Provided, That assistance may be
resumed to such government if the Secretary of State certifies
and reports to the appropriate congressional committees that subse-
quent to the termination of assistance a democratically elected
government has taken office: Provided further, That the provisions
of this section shall not apply to assistance to promote democratic
elections or public participation in democratic processes: Provided
further, That funds made available pursuant to the previous pro-
visos shall be subject to the regular notification procedures of the
Committees on Appropriations.
TRANSFER OF FUNDS AUTHORITY
S
EC
. 7009. (a) D
EPARTMENT OF
S
TATE AND
U
NITED
S
TATES
A
GENCY FOR
G
LOBAL
M
EDIA
.—
(1) D
EPARTMENT OF
S
TATE
.—
(A) I
N GENERAL
.—Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the Depart-
ment of State under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers,
and no such transfer may be made to increase the appropriation
under the heading ‘‘Representation Expenses’’.
(B) E
MBASSY SECURITY
.—Funds appropriated under the
headings ‘‘Diplomatic Programs’’, including for Worldwide Secu-
rity Protection, ‘‘Embassy Security, Construction, and Mainte-
nance’’, and ‘‘Emergencies in the Diplomatic and Consular
Service’’ in this Act may be transferred to, and merged with,
funds appropriated under such headings if the Secretary of
Determination.
Reports.
Consultation.
Notification.
Notification.
Certification.
Reports.
Cuba.
North Korea.
Iran.
Syria.
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133 STAT. 2845 PUBLIC LAW 116–94—DEC. 20, 2019
State determines and reports to the Committees on Appropria-
tions that to do so is necessary to implement the recommenda-
tions of the Benghazi Accountability Review Board, for emer-
gency evacuations, or to prevent or respond to security situa-
tions and requirements, following consultation with, and subject
to the regular notification procedures of, such Committees:
Provided, That such transfer authority is in addition to any
transfer authority otherwise available in this Act and under
any other provision of law.
(2) U
NITED
S
TATES
A
GENCY FOR
G
LOBAL
M
EDIA
.—Not to exceed
5 percent of any appropriation made available for the current fiscal
year for the United States Agency for Global Media under title
I of this Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent
by any such transfers.
(3) T
REATMENT AS
R
EPROGRAMMING
.—Any transfer pursuant
to this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the procedures set
forth in that section.
(b) L
IMITATION ON
T
RANSFERS OF
F
UNDS
B
ETWEEN
A
GENCIES
.—
(1) I
N GENERAL
.—None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations
Act.
(2) A
LLOCATION AND TRANSFERS
.—Notwithstanding para-
graph (1), in addition to transfers made by, or authorized
elsewhere in, this Act, funds appropriated by this Act to carry
out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States
Government pursuant to the provisions of sections 109, 610,
and 632 of the Foreign Assistance Act of 1961, and section
1434(j) of the BUILD Act of 2018 (division F of Public Law
115–254).
(3) N
OTIFICATION
.—Any agreement entered into by the
United States Agency for International Development or the
Department of State with any department, agency, or
instrumentality of the United States Government pursuant to
section 632(b) of the Foreign Assistance Act of 1961 valued
in excess of $1,000,000 and any agreement made pursuant
to section 632(a) of such Act, with funds appropriated by this
Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs under the
headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’,
‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia
and Central Asia’’ shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided,
That the requirement in the previous sentence shall not apply
to agreements entered into between USAID and the Depart-
ment of State.
(c) U
NITED
S
TATES
I
NTERNATIONAL
D
EVELOPMENT
F
INANCE
C
ORPORATION
.—
(1) L
IMITATION
.—Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law
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133 STAT. 2846 PUBLIC LAW 116–94—DEC. 20, 2019
115–254) may only be transferred from funds made available
under title III of this Act, and such amounts shall not exceed
$50,000,000: Provided, That any such transfers shall be subject
to prior consultation with, and the regular notification proce-
dures of, the Committees on Appropriations: Provided further,
That the Secretary of State, the Administrator of the United
States Agency for International Development, and the Chief
Executive Officer of the United States International Develop-
ment Finance Corporation (the Corporation), as appropriate,
shall ensure that the programs funded by such transfers are
coordinated with, and complement, foreign assistance programs
implemented by the Department of State and USAID: Provided
further, That no funds transferred pursuant to such authority
may be used by the Corporation to post personnel abroad or
for activities described in section 1421(c) of such Act.
(2) D
EVELOPMENT CREDIT AUTHORITY ACCOUNT
.—Funds
transferred from the Development Credit Authority program
account of the United States Agency for International Develop-
ment to the Corporate Capital Account of the United States
International Development Finance Corporation pursuant to
section 1434(i) of the BUILD Act of 2018 (division F of Public
Law 115–254) shall be transferred to, and merged with, such
account, and may thereafter be deemed to meet any minimum
funding requirements attributed for at the time of deposit into
the Development Credit Authority program account.
(d) T
RANSFER OF
F
UNDS
B
ETWEEN
A
CCOUNTS
.—None of the
funds made available under titles II through V of this Act may
be obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically provided
for in this Act, unless the President, not less than 5 days prior
to the exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a written
policy justification to the Committees on Appropriations.
(e) A
UDIT OF
I
NTER
-
AGENCY
T
RANSFERS OF
F
UNDS
.—Any agree-
ment for the transfer or allocation of funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs entered into
between the Department of State or USAID and another agency
of the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961, or any comparable
provision of law, shall expressly provide that the Inspector General
(IG) for the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the receiving
agency does not have an IG, shall perform periodic program and
financial audits of the use of such funds and report to the Depart-
ment of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or
USAID, as appropriate: Provided further, That funds transferred
under such authority may be made available for the cost of such
audits.
(f) T
RANSFER OF
O
VERSEAS
C
ONTINGENCY
O
PERATIONS
/
GLOBAL
W
AR ON
T
ERRORISM
F
UNDS
.—Funds appropriated by this Act under
the headings ‘‘Peacekeeping Operations’’ and ‘‘Foreign Military
Financing Program’’ that are designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism pursuant
to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
President.
Deadline.
Consultation.
Policy
justification.
Consultation.
Notification.
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133 STAT. 2847 PUBLIC LAW 116–94—DEC. 20, 2019
Deficit Control Act of 1985 may be transferred to, and merged
with, such funds appropriated under such headings: Provided, That
such transfer authority may only be exercised to address contin-
gencies: Provided further, That such transfer authority is in addition
to any transfer authority otherwise available under any other provi-
sion of law, including section 610 of the Foreign Assistance Act
of 1961: Provided further, That such transfer authority shall be
subject to prior consultation with, and the regular notification proce-
dures of, the Committees on Appropriations.
PROHIBITION AND LIMITATION ON CERTAIN EXPENSES
S
EC
. 7010. (a) F
IRST
-C
LASS
T
RAVEL
.—None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded
by this Act in contravention of section 301–10.122 through 301–
10.124 of title 41, Code of Federal Regulations.
(b) C
OMPUTER
N
ETWORKS
.—None of the funds made available
by this Act for the operating expenses of any United States Govern-
ment department or agency may be used to establish or maintain
a computer network for use by such department or agency unless
such network has filters designed to block access to sexually explicit
websites: Provided, That nothing in this subsection shall limit the
use of funds necessary for any Federal, State, tribal, or local law
enforcement agency, or any other entity carrying out the following
activities: criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such websites
undertaken as part of official business.
(c) P
ROHIBITION ON
P
ROMOTION OF
T
OBACCO
.—None of the
funds made available by this Act shall be available to promote
the sale or export of tobacco or tobacco products, or to seek the
reduction or removal by any foreign country of restrictions on
the marketing of tobacco or tobacco products, except for restrictions
which are not applied equally to all tobacco or tobacco products
of the same type.
(d) E
MAIL
S
ERVERS
O
UTSIDE THE
.
GOV
D
OMAIN
.—None of the
funds appropriated by this Act under the headings ‘‘Diplomatic
Programs’’ and ‘‘Capital Investment Fund’’ in title I, and ‘‘Operating
Expenses’’ and ‘‘Capital Investment Fund’’ in title II that are made
available to the Department of State and the United States Agency
for International Development may be made available to support
the use or establishment of email accounts or email servers created
outside the .gov domain or not fitted for automated records manage-
ment as part of a Federal government records management program
in contravention of the Presidential and Federal Records Act
Amendments of 2014 (Public Law 113–187).
(e) R
EPRESENTATION AND
E
NTERTAINMENT
E
XPENSES
.—Each
Federal department, agency, or entity funded in titles I or II of
this Act, and the Department of the Treasury and independent
agencies funded in titles III or VI of this Act, shall take steps
to ensure that domestic and overseas representation and entertain-
ment expenses further official agency business and United States
foreign policy interests, and—
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol nature;
(3) are not for employee-only events; and
Consultation.
Notification.
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133 STAT. 2848 PUBLIC LAW 116–94—DEC. 20, 2019
(4) do not include activities that are substantially of a
recreational character.
(f) L
IMITATIONS ON
E
NTERTAINMENT
E
XPENSES
.—None of the
funds appropriated or otherwise made available by this Act under
the headings ‘‘International Military Education and Training’’ or
‘‘Foreign Military Financing Program’’ for Informational Program
activities or under the headings ‘‘Global Health Programs’’,
‘‘Development Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Assist-
ance for Europe, Eurasia and Central Asia’’ may be obligated or
expended to pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substan-
tially of a recreational character, including entrance fees at
sporting events, theatrical and musical productions, and amuse-
ment parks.
AVAILABILITY OF FUNDS
S
EC
. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration of
the current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters
1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of
part II of the Foreign Assistance Act of 1961, section 23 of the
Arms Export Control Act (22 U.S.C. 2763), and funds made available
for ‘‘United States International Development Finance Corporation’’
and under the heading ‘‘Assistance for Europe, Eurasia and Central
Asia’’ shall remain available for an additional 4 years from the
date on which the availability of such funds would otherwise have
expired, if such funds are initially obligated before the expiration
of their respective periods of availability contained in this Act:
Provided further, That notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1 of
part I and chapter 4 of part II of the Foreign Assistance Act
of 1961 which are allocated or obligated for cash disbursements
in order to address balance of payments or economic policy reform
objectives, shall remain available for an additional 4 years from
the date on which the availability of such funds would otherwise
have expired, if such funds are initially allocated or obligated before
the expiration of their respective periods of availability contained
in this Act: Provided further, That the Secretary of State shall
provide a report to the Committees on Appropriations not later
than October 31, 2020, detailing by account and source year, the
use of this authority during the previous fiscal year.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
S
EC
. 7012. No part of any appropriation provided under titles
III through VI in this Act shall be used to furnish assistance
to the government of any country which is in default during a
period in excess of 1 calendar year in payment to the United
States of principal or interest on any loan made to the government
of such country by the United States pursuant to a program for
which funds are appropriated under this Act unless the President
determines, following consultation with the Committees on Appro-
priations, that assistance for such country is in the national interest
of the United States.
Time period.
Loans.
President.
Determination.
Consultation.
Reports.
Time period.
Time period.
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133 STAT. 2849 PUBLIC LAW 116–94—DEC. 20, 2019
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
S
EC
. 7013. (a) P
ROHIBITION ON
T
AXATION
.—None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which
such assistance is to be provided unless such agreement includes
a provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign govern-
ment, and the Secretary of State and the Administrator of the
United States Agency for International Development shall expedi-
tiously seek to negotiate amendments to existing bilateral agree-
ments, as necessary, to conform with this requirement.
(b) N
OTIFICATION AND
R
EIMBURSEMENT OF
F
OREIGN
T
AXES
.—
An amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2020 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign government
or entity against United States assistance programs, either directly
or through grantees, contractors, and subcontractors, shall be with-
held from obligation from funds appropriated for assistance for
fiscal year 2021 and for prior fiscal years and allocated for the
central government of such country or for the West Bank and
Gaza program, as applicable, if, not later than September 30, 2021,
such taxes have not been reimbursed: Provided, That the Secretary
of State shall report to the Committees on Appropriations by such
date on the foreign governments and entities that have not
reimbursed such taxes, including any amount of funds withheld
pursuant to this subsection.
(c) D
E
M
INIMIS
E
XCEPTION
.—Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection (b).
(d) R
EPROGRAMMING OF
F
UNDS
.—Funds withheld from obliga-
tion for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which do
not assess taxes on United States assistance or which have an
effective arrangement that is providing substantial reimbursement
of such taxes, and that can reasonably accommodate such assistance
in a programmatically responsible manner.
(e) D
ETERMINATIONS
.—
(1) I
N GENERAL
.—The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that—
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement
of such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) C
ONSULTATION
.—The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior
to exercising the authority of this subsection with regard to
any foreign government or entity.
(f) I
MPLEMENTATION
.—The Secretary of State shall issue and
update rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance con-
tained in this section.
Regulations.
Guidance.
Deadline.
Reports.
Reports.
Deadline.
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133 STAT. 2850 PUBLIC LAW 116–94—DEC. 20, 2019
(g) D
EFINITIONS
.—As used in this section:
(1) B
ILATERAL AGREEMENT
.—The term ‘‘bilateral agree-
ment’’ refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges and
immunities applicable to United States foreign assistance for
such country generally, or an individual agreement between
the Government of the United States and such government
that describes, among other things, the treatment for tax pur-
poses that will be accorded the United States assistance pro-
vided under that agreement.
(2) T
AXES AND TAXATION
.—The term ‘‘taxes and taxation’’
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
(h) R
EPORT
.—Not later than 90 days after enactment of this
Act, the Secretary of State, in consultation with the heads of other
relevant agencies of the United States Government, shall submit
a report to the Committees on Appropriations on the requirements
contained under this section in House Report 116–78.
RESERVATIONS OF FUNDS
S
EC
. 7014. (a) R
EPROGRAMMING
.—Funds appropriated under
titles III through VI of this Act which are specifically designated
may be reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the designation
is made impossible by operation of any provision of this or any
other Act: Provided, That any such reprogramming shall be subject
to the regular notification procedures of the Committees on Appro-
priations: Provided further, That assistance that is reprogrammed
pursuant to this subsection shall be made available under the
same terms and conditions as originally provided.
(b) E
XTENSION OF
A
VAILABILITY
.—In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department
of State or the United States Agency for International Development
that are specifically designated for particular programs or activities
by this or any other Act may be extended for an additional fiscal
year if the Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the Committees
on Appropriations that the termination of assistance to a country
or a significant change in circumstances makes it unlikely that
such designated funds can be obligated during the original period
of availability: Provided, That such designated funds that continue
to be available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) O
THER
A
CTS
.—Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subse-
quent Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding require-
ments contained in any other Act shall not be applicable to funds
appropriated by this Act.
NOTIFICATION REQUIREMENTS
S
EC
. 7015. (a) N
OTIFICATION OF
C
HANGES IN
P
ROGRAMS
,
P
ROJECTS
,
AND
A
CTIVITIES
.—None of the funds made available in
Deadlines.
Determination.
Reports.
Notification.
Consultation.
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133 STAT. 2851 PUBLIC LAW 116–94—DEC. 20, 2019
titles I and II of this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related pro-
grams to the departments and agencies funded by this Act that
remain available for obligation in fiscal year 2020, or provided
from any accounts in the Treasury of the United States derived
by the collection of fees or of currency reflows or other offsetting
collections, or made available by transfer, to the departments and
agencies funded by this Act, shall be available for obligation to—
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations
or such Committees are notified 15 days in advance of such obliga-
tion.
(b) N
OTIFICATION OF
R
EPROGRAMMING OF
F
UNDS
.—None of the
funds provided under titles I and II of this Act or prior Acts
making appropriations for the Department of State, foreign oper-
ations, and related programs, to the departments and agencies
funded under titles I and II of this Act that remain available
for obligation in fiscal year 2020, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the department and agency funded under title
I of this Act, shall be available for obligation or expenditure for
programs, projects, or activities through a reprogramming of funds
in excess of $1,000,000 or 10 percent, whichever is less, that—
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
(c) N
OTIFICATION
R
EQUIREMENT
.—None of the funds made
available by this Act under the headings ‘‘Global Health Programs’’,
‘‘Development Assistance’’, ‘‘International Organizations and Pro-
grams’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics
Control and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘Democ-
racy Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’,
‘‘Peacekeeping Operations’’, ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Programs’’, ‘‘Millennium Challenge Corpora-
tion’’, ‘‘Foreign Military Financing Program’’, ‘‘International Military
Education and Training’’, ‘‘United States International Development
Finance Corporation’’, and ‘‘Peace Corps’’, shall be available for
obligation for programs, projects, activities, type of materiel assist-
ance, countries, or other operations not justified or in excess of
the amount justified to the Committees on Appropriations for obliga-
tion under any of these specific headings unless the Committees
on Appropriations are notified 15 days in advance of such obligation:
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133 STAT. 2852 PUBLIC LAW 116–94—DEC. 20, 2019
Provided, That the President shall not enter into any commitment
of funds appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not pre-
viously justified to Congress or 20 percent in excess of the quantities
justified to Congress unless the Committees on Appropriations are
notified 15 days in advance of such commitment: Provided further,
That requirements of this subsection or any similar provision of
this or any other Act shall not apply to any reprogramming for
a program, project, or activity for which funds are appropriated
under titles III through VI of this Act of less than 10 percent
of the amount previously justified to Congress for obligation for
such program, project, or activity for the current fiscal year: Pro-
vided further, That any notification submitted pursuant to sub-
section (f) of this section shall include information (if known on
the date of transmittal of such notification) on the use of notwith-
standing authority.
(d) D
EPARTMENT OF
D
EFENSE
P
ROGRAMS AND
F
UNDING
N
OTIFICATIONS
.—
(1) P
ROGRAMS
.—None of the funds appropriated by this
Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any
Act making or authorizing appropriations for the Department
of Defense, unless the Secretary of State, in consultation with
the Secretary of Defense and in accordance with the regular
notification procedures of the Committees on Appropriations,
submits a justification to such Committees that includes a
description of, and the estimated costs associated with, the
support or continuation of such program.
(2) F
UNDING
.—Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the Depart-
ment of State and the United States Agency for International
Development for assistance for foreign countries and inter-
national organizations shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations.
(3) N
OTIFICATION ON EXCESS DEFENSE ARTICLES
.—Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same condi-
tions as other committees pursuant to subsection (f) of that
section: Provided, That before issuing a letter of offer to sell
excess defense articles under the Arms Export Control Act,
the Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of
the Arms Export Control Act) or are valued (in terms of original
acquisition cost) at $7,000,000 or more, or if notification is
required elsewhere in this Act for the use of appropriated
funds for specific countries that would receive such excess
defense articles: Provided further, That such Committees shall
also be informed of the original acquisition cost of such defense
articles.
Notification.
Consultation.
President.
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133 STAT. 2853 PUBLIC LAW 116–94—DEC. 20, 2019
(e) W
AIVER
.—The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived
if failure to do so would pose a substantial risk to human health
or welfare: Provided, That in case of any such waiver, notification
to the Committees on Appropriations shall be provided as early
as practicable, but in no event later than 3 days after taking
the action to which such notification requirement was applicable,
in the context of the circumstances necessitating such waiver: Pro-
vided further, That any notification provided pursuant to such
a waiver shall contain an explanation of the emergency cir-
cumstances.
(f) C
OUNTRY
N
OTIFICATION
R
EQUIREMENTS
.—None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Burma, Cam-
bodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala,
Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua,
Pakistan, Philippines, the Russian Federation, Somalia, South
Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen,
and Zimbabwe except as provided through the regular notification
procedures of the Committees on Appropriations.
(g) T
RUST
F
UNDS
.—Funds appropriated or otherwise made
available in title III of this Act and prior Acts making funds
available for the Department of State, foreign operations, and
related programs that are made available for a trust fund held
by an international financial institution shall be subject to the
regular notification procedures of the Committees on Appropriations
and such notification shall include the information specified under
this section in House Report 116–78.
(h) O
THER
P
ROGRAM
N
OTIFICATION
R
EQUIREMENT
.—
(1) D
IPLOMATIC PROGRAMS
.—Funds appropriated under title
I of this Act under the heading ‘‘Diplomatic Programs’’ that
are made available for lateral entry into the Foreign Service
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(2) O
THER PROGRAMS
.—Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of the
Committees on Appropriations:
(A) the Global Engagement Center, except that the
Secretary of State shall consult with the appropriate
congressional committees prior to submitting such notifica-
tion;
(B) the Power Africa initiative, or any successor pro-
gram;
(C) community-based police assistance conducted
pursuant to the authority of section 7035(a)(1) of this Act;
(D) the Relief and Recovery Fund and the Global Fra-
gility Fund, if enacted into law;
(E) the Indo-Pacific Strategy and the Countering Chi-
nese Influence Fund;
(F) the Global Security Contingency Fund;
(G) the Countering Russian Influence Fund;
(H) programs to end modern slavery; and
(I) the Women’s Global Development and Prosperity
Fund.
Consultation.
Consultation.
Notification.
Notification.
Deadline.
Notifications.
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133 STAT. 2854 PUBLIC LAW 116–94—DEC. 20, 2019
(i) W
ITHHOLDING OF
F
UNDS
.—Funds appropriated by this Act
under titles III and IV that are withheld from obligation or other-
wise not programmed as a result of application of a provision
of law in this or any other Act shall, if reprogrammed, be subject
to the regular notification procedures of the Committees on Appro-
priations.
(j) F
OREIGN
A
SSISTANCE
R
EVIEW OR
R
EALIGNMENT
.—Pro-
grammatic, funding, and organizational changes resulting from
implementation of any foreign assistance review or realignment
shall be subject to prior consultation with, and the regular notifica-
tion procedures of, the Committees on Appropriations: Provided,
That such notifications may be submitted in classified form, if
necessary.
DOCUMENT REQUESTS
,
RECORDS MANAGEMENT
,
AND RELATED
CYBERSECURITY PROTECTIONS
S
EC
. 7016. (a) D
OCUMENT
R
EQUESTS
.—None of the funds appro-
priated or made available pursuant to titles III through VI of
this Act shall be available to a nongovernmental organization,
including any contractor, which fails to provide upon timely request
any document, file, or record necessary to the auditing requirements
of the Department of State and the United States Agency for
International Development.
(b) R
ECORDS
M
ANAGEMENT AND
R
ELATED
C
YBERSECURITY
P
ROTECTIONS
.—The Secretary of State and USAID Administrator
shall—
(1) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes, regu-
lations, and presidential executive orders and memoranda con-
cerning the preservation of all records made or received in
the conduct of official business, including record emails, instant
messaging, and other online tools;
(2) use funds appropriated by this Act under the headings
‘‘Diplomatic Programs’’ and ‘‘Capital Investment Fund’’ in title
I, and ‘‘Operating Expenses’’ and ‘‘Capital Investment Fund’’
in title II, as appropriate, to improve Federal records manage-
ment pursuant to the Federal Records Act (44 U.S.C. Chapters
21, 29, 31, and 33) and other applicable Federal records
management statutes, regulations, or policies for the Depart-
ment of State and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong
to the Federal Government;
(4) improve the response time for identifying and retrieving
Federal records, including requests made pursuant to section
552 of title 5, United States Code (commonly known as the
‘‘Freedom of Information Act’’); and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of per-
sonal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control
of national security information, and implement the rec-
ommendations of the applicable reports of the cognizant Office
of Inspector General.
Implementation.
Recommenda-
tions.
Review.
Updates.
Compliance.
Consultation.
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133 STAT. 2855 PUBLIC LAW 116–94—DEC. 20, 2019
USE OF FUNDS IN CONTRAVENTION OF THIS ACT
S
EC
. 7017. If the President makes a determination not to
comply with any provision of this Act on constitutional grounds,
the head of the relevant Federal agency shall notify the Committees
on Appropriations in writing within 5 days of such determination,
the basis for such determination and any resulting changes to
program or policy.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION
S
EC
. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of involuntary sterilization as
a method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the funds
made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance
of, abortions or involuntary sterilization as a means of family plan-
ning. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be obligated
or expended for any country or organization if the President certifies
that the use of these funds by any such country or organization
would violate any of the above provisions related to abortions and
involuntary sterilizations.
ALLOCATIONS AND REPORTS
S
EC
. 7019. (a) A
LLOCATION
T
ABLES
.—Subject to subsection (b),
funds appropriated by this Act under titles III through V shall
be made available at not less than the amounts specifically des-
ignated in the respective tables included in the explanatory state-
ment described in section 4 (in the matter preceding division A
of this consolidated Act): Provided, That such designated amounts
for foreign countries and international organizations shall serve
as the amounts for such countries and international organizations
transmitted to Congress in the report required by section 653(a)
of the Foreign Assistance Act of 1961, and shall be made available
for such foreign countries and international organizations notwith-
standing the date of the transmission of such report.
(b) A
UTHORIZED
D
EVIATIONS
B
ELOW
M
INIMUM
L
EVELS
.—Unless
otherwise provided for by this Act, the Secretary of State and
the Administrator of the United States Agency for International
Development, as applicable, may deviate by not more than 10
percent below the minimum amounts specifically designated in
the respective tables in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That deviations pursuant to this subsection shall
be subject to prior consultation with the Committees on Appropria-
tions.
(c) L
IMITATION
.—For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by
Consultation.
President.
Certification.
President.
Determination.
Notification.
Deadline.
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133 STAT. 2856 PUBLIC LAW 116–94—DEC. 20, 2019
section 653(a) of the Foreign Assistance Act of 1961, deviations
authorized by subsection (b) may only take place after submission
of such report.
(d) E
XCEPTIONS
.—
(1) Subsections (a) and (b) shall not apply to—
(A) amounts designated for ‘‘International Military
Education and Training’’ in the respective tables included
in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act);
(B) funds for which the initial period of availability
has expired; and
(C) amounts designated by this Act as minimum
funding requirements.
(2) The authority in subsection (b) to deviate below amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding divi-
sion A of this consolidated Act) shall not apply to the table
included under the heading ‘‘Global Health Programs’’ in such
statement.
(3) With respect to the amounts designated for ‘‘Global
Programs’’ in the table under the heading ‘‘Economic Support
Fund’’ included in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consolidated
Act), subsection (b) shall be applied by substituting ‘‘5 percent’’
for ‘‘10 percent’’.
(e) R
EPORTS
.—The Secretary of State, USAID Administrator,
and other designated officials, as appropriate, shall submit the
reports required, in the manner described, in House Report 116–
78, Senate Report 116–126, and the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), unless directed otherwise in such explanatory
statement.
(f) C
LARIFICATION
.—Funds appropriated by this Act and the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116–6) under
the headings ‘‘International Disaster Assistance’’ and ‘‘Migration
and Refugee Assistance’’ shall not be included for purposes of
meeting amounts designated for countries in this Act or the explana-
tory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or such prior Act or accom-
panying joint explanatory statement, unless such headings are
specifically designated as the source of funds.
MULTI
-
YEAR PLEDGES
S
EC
. 7020. None of the funds appropriated by this Act may
be used to make any pledge for future year funding for any multilat-
eral or bilateral program funded in titles III through VI of this
Act unless such pledge meets the requirements enumerated under
this section in House Report 116–78.
PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM
S
EC
. 7021. (a) L
ETHAL
M
ILITARY
E
QUIPMENT
E
XPORTS
.—
(1) P
ROHIBITION
.—None of the funds appropriated or other-
wise made available under titles III through VI of this Act
Determination.
Applicability.
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133 STAT. 2857 PUBLIC LAW 116–94—DEC. 20, 2019
may be made available to any foreign government which pro-
vides lethal military equipment to a country the government
of which the Secretary of State has determined supports inter-
national terrorism for purposes of section 1754(c) of the Export
Reform Control Act of 2018 (50 U.S.C. 4813(c)): Provided, That
the prohibition under this section with respect to a foreign
government shall terminate 12 months after that government
ceases to provide such military equipment: Provided further,
That this section applies with respect to lethal military equip-
ment provided under a contract entered into after October
1, 1997.
(2) D
ETERMINATION
.—Assistance restricted by paragraph
(1) or any other similar provision of law, may be furnished
if the President determines that to do so is important to the
national interest of the United States.
(3) R
EPORT
.—Whenever the President makes a determina-
tion pursuant to paragraph (2), the President shall submit
to the Committees on Appropriations a report with respect
to the furnishing of such assistance, including a detailed expla-
nation of the assistance to be provided, the estimated dollar
amount of such assistance, and an explanation of how the
assistance furthers United States national interest.
(b) B
ILATERAL
A
SSISTANCE
.—
(1) L
IMITATIONS
.—Funds appropriated for bilateral assist-
ance in titles III through VI of this Act and funds appropriated
under any such title in prior Acts making appropriations for
the Department of State, foreign operations, and related pro-
grams, shall not be made available to any foreign government
which the President determines—
(A) grants sanctuary from prosecution to any individual
or group which has committed an act of international ter-
rorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) W
AIVER
.—The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on Appro-
priations of the waiver (including the justification for the
waiver) in accordance with the regular notification procedures
of the Committees on Appropriations.
AUTHORIZATION REQUIREMENTS
S
EC
. 7022. Funds appropriated by this Act, except funds appro-
priated under the heading ‘‘Trade and Development Agency’’, may
be obligated and expended notwithstanding section 10 of Public
Law 91–672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security
Act of 1947 (50 U.S.C. 3094(a)(1)).
Federal Register,
publication.
Deadline.
Notification.
President.
Determination.
Determination.
Reports.
President.
Applicability.
Termination
date.
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133 STAT. 2858 PUBLIC LAW 116–94—DEC. 20, 2019
DEFINITION OF PROGRAM
,
PROJECT
,
AND ACTIVITY
S
EC
. 7023. For the purpose of titles II through VI of this
Act ‘‘program, project, and activity’’ shall be defined at the appro-
priations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ‘‘Economic Support Fund’’, ‘‘Assist-
ance for Europe, Eurasia and Central Asia’’, and ‘‘Foreign Military
Financing Program’’ accounts, ‘‘program, project, and activity’’ shall
also be considered to include country, regional, and central program
level funding within each such account, and for the development
assistance accounts of the United States Agency for International
Development, ‘‘program, project, and activity’’ shall also be consid-
ered to include central, country, regional, and program level
funding, either as—
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
the report required by section 653(a) of the Foreign Assistance
Act of 1961 or as modified pursuant to section 7019 of this
Act.
AUTHORITIES FOR THE PEACE CORPS
,
INTER
-
AMERICAN FOUNDATION
,
AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
S
EC
. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for the Department of
State, foreign operations, and related programs, shall not be con-
strued to prohibit activities authorized by or conducted under the
Peace Corps Act, the Inter-American Foundation Act, or the African
Development Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and report
to such Committees within 15 days of taking such action.
COMMERCE
,
TRADE AND SURPLUS COMMODITIES
S
EC
. 7025. (a) W
ORLD
M
ARKETS
.—None of the funds appro-
priated or made available pursuant to titles III through VI of
this Act for direct assistance and none of the funds otherwise
made available to the Export-Import Bank and the United States
International Development Finance Corporation shall be obligated
or expended to finance any loan, any assistance, or any other
financial commitments for establishing or expanding production
of any commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world markets
at the time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing com-
modity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors
the benefits to industry and employment in the United States
are likely to outweigh the injury to United States producers of
the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations: Provided
further, That this subsection shall not prohibit—
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
Notification.
Consultation.
Reports.
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133 STAT. 2859 PUBLIC LAW 116–94—DEC. 20, 2019
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(2) activities in a country the President determines is recov-
ering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) E
XPORTS
.—None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding feasibility
study, variety improvement or introduction, consultancy, publica-
tion, conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity for
export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in devel-
oping countries where such activities will not have a significant
impact on the export of agricultural commodities of the United
States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(4) activities in a country the President determines is recov-
ering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) I
NTERNATIONAL
F
INANCIAL
I
NSTITUTIONS
.—The Secretary of
the Treasury shall instruct the United States executive directors
of the international financial institutions to use the voice and
vote of the United States to oppose any assistance by such institu-
tions, using funds appropriated or made available by this Act,
for the production or extraction of any commodity or mineral for
export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the
same, similar, or competing commodity.
SEPARATE ACCOUNTS
S
EC
. 7026. (a) S
EPARATE
A
CCOUNTS FOR
L
OCAL
C
URRENCIES
.—
(1) A
GREEMENTS
.—If assistance is furnished to the govern-
ment of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall—
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth—
(i) the amount of the local currencies to be gen-
erated; and
Requirement.
22 USC 2362
note.
22 USC 262h
note.
President.
Determination.
President.
Determination.
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133 STAT. 2860 PUBLIC LAW 116–94—DEC. 20, 2019
(ii) the terms and conditions under which the cur-
rencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) U
SES OF LOCAL CURRENCIES
.—As may be agreed upon
with the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only—
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) P
ROGRAMMING ACCOUNTABILITY
.—USAID shall take all
necessary steps to ensure that the equivalent of the local cur-
rencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) T
ERMINATION OF ASSISTANCE PROGRAMS
.—Upon termi-
nation of assistance to a country under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 (as the case may be), any unencumbered balances
of funds which remain in a separate account established pursu-
ant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and
the United States Government.
(b) S
EPARATE
A
CCOUNTS FOR
C
ASH
T
RANSFERS
.—
(1) I
N GENERAL
.—If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) A
PPLICABILITY OF OTHER PROVISIONS OF LAW
.—Such
funds may be obligated and expended notwithstanding provi-
sions of law which are inconsistent with the nature of this
assistance including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No.
98–1159).
(3) N
OTIFICATION
.—At least 15 days prior to obligating
any such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the eco-
nomic policy reforms that will be promoted by such assistance).
(4) E
XEMPTION
.—Nonproject sector assistance funds may
be exempt from the requirements of paragraph (1) only through
Notification.
Deadline.
President.
Requirement.
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133 STAT. 2861 PUBLIC LAW 116–94—DEC. 20, 2019
the regular notification procedures of the Committees on Appro-
priations.
ELIGIBILITY FOR ASSISTANCE
S
EC
. 7027. (a) A
SSISTANCE
T
HROUGH
N
ONGOVERNMENTAL
O
RGANIZATIONS
.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 and from funds
appropriated under the heading ‘‘Assistance for Europe, Eurasia
and Central Asia’’: Provided, That before using the authority of
this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted,
the assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall
be construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any other
Act.
(b) P
UBLIC
L
AW
480.—During fiscal year 2020, restrictions con-
tained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under the
Food for Peace Act (Public Law 83–480; 7 U.S.C. 1721 et seq.):
Provided, That none of the funds appropriated to carry out title
I of such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) E
XCEPTION
.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates inter-
nationally recognized human rights.
LOCAL COMPETITION
S
EC
. 7028. (a) R
EQUIREMENTS FOR
E
XCEPTIONS TO
C
OMPETITION
FOR
L
OCAL
E
NTITIES
.—Funds appropriated by this Act that are
made available to the United States Agency for International
Development may only be made available for limited competitions
through local entities if—
(1) prior to the determination to limit competition to local
entities, USAID has—
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included
in such competition; and
(B) documented the written results of the assessment
and decisions made; and
(2) prior to making an award after limiting competition
to local entities—
Assessment.
Notification.
Abortion.
Sterilization.
President.
Notification.
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133 STAT. 2862 PUBLIC LAW 116–94—DEC. 20, 2019
(A) each successful local entity has been determined
to be responsible in accordance with USAID guidelines;
and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) E
XTENSION OF
P
ROCUREMENT
A
UTHORITY
.—Section 7077 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112–74) shall
continue in effect during fiscal year 2020.
INTERNATIONAL FINANCIAL INSTITUTIONS
S
EC
. 7029. (a) E
VALUATIONS AND
R
EPORT
.—The Secretary of
the Treasury shall instruct the United States executive director
of each international financial institution to use the voice of the
United States to encourage such institution to adopt and implement
a publicly available policy, including the strategic use of peer
reviews and external experts, to conduct independent, in-depth
evaluations of the effectiveness of at least 25 percent of all loans,
grants, programs, and significant analytical non-lending activities
in advancing the institution’s goals of reducing poverty and pro-
moting equitable economic growth, consistent with relevant safe-
guards, to ensure that decisions to support such loans, grants,
programs, and activities are based on accurate data and objective
analysis: Provided, That not later than 45 days after enactment
of this Act, the Secretary shall submit a report to the Committees
on Appropriations on steps taken in fiscal year 2019 by the United
States executive directors and the international financial institu-
tions consistent with this subsection compared to the previous fiscal
year.
(b) S
AFEGUARDS
.—
(1) S
TANDARD
.—The Secretary of the Treasury shall
instruct the United States Executive Director of the Inter-
national Bank for Reconstruction and Development and the
International Development Association to use the voice and
vote of the United States to oppose any loan, grant, policy,
or strategy if such institution has adopted and is implementing
any social or environmental safeguard relevant to such loan,
grant, policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) A
CCOUNTABILITY
,
STANDARDS
,
AND BEST PRACTICES
.—
The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to oppose loans
or other financing for projects unless such projects—
(A) provide for accountability and transparency,
including the collection, verification, and publication of
beneficial ownership information related to extractive
industries and on-site monitoring during the life of the
project;
(B) will be developed and carried out in accordance
with best practices regarding environmental conservation,
cultural protection, and empowerment of local populations,
including free, prior and informed consent of affected
indigenous communities;
Public
information.
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133 STAT. 2863 PUBLIC LAW 116–94—DEC. 20, 2019
(C) do not provide incentives for, or facilitate, forced
displacement; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) C
OMPENSATION
.—None of the funds appropriated under title
V of this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which,
together with whatever compensation such executive director
receives from the United States, is in excess of the rate provided
for an individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or
while any alternate United States executive director to such institu-
tion is compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(d) H
UMAN
R
IGHTS
.—The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice and vote of the United States
to promote human rights due diligence and risk management, as
appropriate, in connection with any loan, grant, policy, or strategy
of such institution in accordance with the requirements specified
under this subsection in Senate Report 116–126: Provided, That
prior to voting on any such loan, grant, policy, or strategy the
executive director shall consult with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State, if
the executive director has reason to believe that such loan, grant,
policy, or strategy could result in forced displacement or other
violation of human rights.
(e) F
RAUD AND
C
ORRUPTION
.—The Secretary of the Treasury
shall instruct the United States executive director of each inter-
national financial institution to use the voice of the United States
to include in loan, grant, and other financing agreements improve-
ments in borrowing countries’ financial management and judicial
capacity to investigate, prosecute, and punish fraud and corruption.
(f) B
ENEFICIAL
O
WNERSHIP
I
NFORMATION
.—The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish,
to the maximum extent practicable, beneficial ownership informa-
tion (excluding proprietary information) for any corporation or lim-
ited liability company, other than a publicly listed company, that
receives funds from any such financial institution: Provided, That
not later than 45 days after enactment of this Act, the Secretary
shall submit a report to the Committees on Appropriations on
steps taken in fiscal year 2019 by the United States executive
directors and the international financial institutions consistent with
this subsection compared to the previous fiscal year.
(g) W
HISTLEBLOWER
P
ROTECTIONS
.—The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice of the United
States to encourage each such institution to effectively implement
and enforce policies and procedures which meet or exceed best
practices in the United States for the protection of whistleblowers
from retaliation, including—
Reports.
Consultation.
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133 STAT. 2864 PUBLIC LAW 116–94—DEC. 20, 2019
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven retaliation,
including provision for the restoration of prior employment.
INSECURE COMMUNICATIONS NETWORKS
S
EC
. 7030. Funds appropriated by this Act shall be made avail-
able for programs to—
(1) advance the adoption of secure, next-generation commu-
nications networks and services, including 5G, and cybersecu-
rity policies, in countries receiving assistance under this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs;
(2) counter the establishment of insecure communications
networks and services, including 5G, promoted by the People’s
Republic of China and other state-backed enterprises that are
subject to undue or extrajudicial control by their country of
origin; and
(3) provide policy and technical training to information
communication technology professionals in countries receiving
assistance under this Act, as appropriate.
FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY
S
EC
. 7031. (a) L
IMITATION ON
D
IRECT
G
OVERNMENT
-
TO
-G
OVERN
-
MENT
A
SSISTANCE
.—
(1) R
EQUIREMENTS
.—Funds appropriated by this Act may
be made available for direct government-to-government assist-
ance only if the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F
of Public Law 116–6) are fully met.
(2) C
ONSULTATION AND NOTIFICATION
.—In addition to the
requirements in paragraph (1), funds may only be made avail-
able for direct government-to-government assistance subject to
prior consultation with, and the regular notification procedures
of, the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, That the requirements of this paragraph shall only
apply to direct government-to-government assistance in excess
of $10,000,000 and all funds available for cash transfer, budget
support, and cash payments to individuals.
(3) S
USPENSION OF ASSISTANCE
.—The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such assist-
ance, including a justification, or that such misuse has been
appropriately addressed.
Reports.
Applicability.
China.
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133 STAT. 2865 PUBLIC LAW 116–94—DEC. 20, 2019
(4) S
UBMISSION OF INFORMATION
.—The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2021 congressional budget justification
materials, amounts planned for assistance described in para-
graph (1) by country, proposed funding amount, source of funds,
and type of assistance.
(5) D
EBT SERVICE PAYMENT PROHIBITION
.—None of the
funds made available by this Act may be used by the govern-
ment of any foreign country for debt service payments owed
by any country to any international financial institution.
(b) N
ATIONAL
B
UDGET AND
C
ONTRACT
T
RANSPARENCY
.—
(1) M
INIMUM REQUIREMENTS OF FISCAL TRANSPARENCY
.—
The Secretary of State shall continue to update and strengthen
the ‘‘minimum requirements of fiscal transparency’’ for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2014 (division K of Public Law 113–
76).
(2) D
ETERMINATION AND REPORT
.—For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall
make or update any determination of ‘‘significant progress’’
or ‘‘no significant progress’’ in meeting the minimum require-
ments of fiscal transparency, and make such determinations
publicly available in an annual ‘‘Fiscal Transparency Report’’
to be posted on the Department of State website: Provided,
That such report shall include the elements included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(3) A
SSISTANCE
.—Not less than $5,000,000 of the funds
appropriated by this Act under the heading ‘‘Economic Support
Fund’’ shall be made available for programs and activities
to assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget trans-
parency: Provided, That such sums shall be in addition to
funds otherwise available for such purposes: Provided further,
That a description of the uses of such funds shall be included
in the annual ‘‘Fiscal Transparency Report’’ required by para-
graph (2).
(c) A
NTI
-K
LEPTOCRACY AND
H
UMAN
R
IGHTS
.—
(1) I
NELIGIBILITY
.—(A) Officials of foreign governments and
their immediate family members about whom the Secretary
of State has credible information have been involved, directly
or indirectly, in significant corruption, including corruption
related to the extraction of natural resources, or a gross viola-
tion of human rights shall be ineligible for entry into the
United States.
(B) The Secretary shall also publicly or privately designate
or identify the officials of foreign governments and their imme-
diate family members about whom the Secretary has such
credible information without regard to whether the individual
has applied for a visa.
(2) E
XCEPTION
.—Individuals shall not be ineligible for entry
into the United States pursuant to paragraph (1) if such entry
8 USC 1182 note.
Public
information.
Web posting.
Updates.
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133 STAT. 2866 PUBLIC LAW 116–94—DEC. 20, 2019
would further important United States law enforcement objec-
tives or is necessary to permit the United States to fulfill
its obligations under the United Nations Headquarters Agree-
ment: Provided, That nothing in paragraph (1) shall be con-
strued to derogate from United States Government obligations
under applicable international agreements.
(3) W
AIVER
.—The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed suffi-
ciently.
(4) R
EPORT
.—Not later than 30 days after enactment of
this Act, and every 90 days thereafter, the Secretary of State
shall submit a report, including a classified annex if necessary,
to the appropriate congressional committees and the Commit-
tees on the Judiciary describing the information related to
corruption or violation of human rights concerning each of
the individuals found ineligible in the previous 12 months
pursuant to paragraph (1)(A) as well as the individuals who
the Secretary designated or identified pursuant to paragraph
(1)(B), or who would be ineligible but for the application of
paragraph (2), a list of any waivers provided under paragraph
(3), and the justification for each waiver.
(5) P
OSTING OF REPORT
.—Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) C
LARIFICATION
.—For purposes of paragraphs (1), (4),
and (5), the records of the Department of State and of diplo-
matic and consular offices of the United States pertaining to
the issuance or refusal of visas or permits to enter the United
States shall not be considered confidential.
(d) E
XTRACTION OF
N
ATURAL
R
ESOURCES
.—
(1) A
SSISTANCE
.—Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110–246; 122 Stat. 2052) and the amendments made by
such section, and to prevent the sale of conflict diamonds,
and provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) P
UBLIC DISCLOSURE AND INDEPENDENT AUDITS
.—(A) The
Secretary of the Treasury shall instruct the executive director
of each international financial institution that it is the policy
of the United States to use the voice and vote of the United
States to oppose any assistance by such institutions (including
any loan, credit, grant, or guarantee) to any country for the
extraction and export of a natural resource if the government
of such country has in place laws, regulations, or procedures
to prevent or limit the public disclosure of company payments
as required by United States law, and unless such government
has adopted laws, regulations, or procedures in the sector in
which assistance is being considered to meet the standards
included under this section in the explanatory statement
Classified
information.
Corruption.
Human rights.
Time period.
Lists.
Determination.
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133 STAT. 2867 PUBLIC LAW 116–94—DEC. 20, 2019
described in section 4 (in the matter preceding division A of
this consolidated Act).
(B) The requirements of subparagraph (A) shall not apply
to assistance for the purpose of building the capacity of such
government to meet the requirements of this subparagraph.
(e) F
OREIGN
A
SSISTANCE
W
EBSITE
.—Funds appropriated by this
Act under titles I and II, and funds made available for any inde-
pendent agency in title III, as appropriate, shall be made available
to support the provision of additional information on United States
Government foreign assistance on the Department of State foreign
assistance website: Provided, That all Federal agencies funded
under this Act shall provide such information on foreign assistance,
upon request and in a timely manner, to the Department of State:
Provided further, That not later than 60 days after enactment
of this Act, the Secretary of State and USAID Administrator shall
report to the Committees on Appropriations on the process and
timeline required to consolidate data from USAID’s ‘‘Foreign Aid
Explorer’’ and ‘‘ForeignAssistance.gov’’, in accordance with the
requirements specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
DEMOCRACY PROGRAMS
S
EC
. 7032. (a) F
UNDING
.—
(1) I
N GENERAL
.—Of the funds appropriated by this Act
under the headings ‘‘Development Assistance’’, ‘‘Economic Sup-
port Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia
and Central Asia’’, and ‘‘International Narcotics Control and
Law Enforcement’’, not less than $2,400,000,000 shall be made
available for democracy programs.
(2) P
ROGRAMS
.—Of the funds made available for democracy
programs under the headings ‘‘Economic Support Fund’’ and
‘‘Assistance for Europe, Eurasia and Central Asia’’ pursuant
to paragraph (1), not less than $102,040,000 shall be made
available to the Bureau of Democracy, Human Rights, and
Labor, Department of State, at not less than the amounts
specified for certain countries and regional programs designated
in the table under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(b) A
UTHORITIES
.—
(1) A
VAILABILITY
.—Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ‘‘National Endowment for Democracy’’ may be made
available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any
regulation.
(2) B
ENEFICIARIES
.—Funds made available by this Act for
the NED are made available pursuant to the authority of
the National Endowment for Democracy Act (title V of Public
Law 98–164), including all decisions regarding the selection
of beneficiaries.
(c) D
EFINITION OF
D
EMOCRACY
P
ROGRAMS
.—For purposes of
funds appropriated by this Act, the term ‘‘democracy programs’’
means programs that support good governance, credible and
competitive elections, freedom of expression, association, assembly,
Reports.
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133 STAT. 2868 PUBLIC LAW 116–94—DEC. 20, 2019
and religion, human rights, labor rights, independent media, and
the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the develop-
ment of democratic states and institutions that are responsive and
accountable to citizens.
(d) P
ROGRAM
P
RIORITIZATION
.—Funds made available pursuant
to this section that are made available for programs to strengthen
government institutions shall be prioritized for those institutions
that demonstrate a commitment to democracy and the rule of law.
(e) R
ESTRICTION ON
P
RIOR
A
PPROVAL
.—With respect to the
provision of assistance for democracy programs in this Act, the
organizations implementing such assistance, the specific nature
of that assistance, and the participants in such programs shall
not be subject to the prior approval by the government of any
foreign country: Provided, That the Secretary of State, in coordina-
tion with the Administrator of the United States Agency for Inter-
national Development, shall report to the Committees on Appropria-
tions, not later than 120 days after enactment of this Act, detailing
steps taken by the Department of State and USAID to comply
with the requirements of this subsection.
(f) C
ONTINUATION OF
C
URRENT
P
RACTICES
.—The United States
Agency for International Development shall continue to implement
civil society and political competition and consensus building pro-
grams abroad with funds appropriated by this Act in a manner
that recognizes the unique benefits of grants and cooperative agree-
ments in implementing such programs.
(g) I
NFORMING THE
N
ATIONAL
E
NDOWMENT FOR
D
EMOCRACY
.—
The Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for Democ-
racy, Conflict, and Humanitarian Assistance, USAID, shall regu-
larly inform the National Endowment for Democracy of democracy
programs that are planned and supported by funds made available
by this Act and prior Acts making appropriations for the Depart-
ment of State, foreign operations, and related programs.
(h) P
ROTECTION OF
C
IVIL
S
OCIETY
A
CTIVISTS AND
J
OURNAL
-
ISTS
.—Of the funds appropriated by this Act under the headings
‘‘Economic Support Fund’’ and ‘‘Democracy Fund’’, not less than
$20,000,000 shall be made available to support and protect civil
society activists and journalists who have been threatened, har-
assed, or attacked, including journalists affiliated with the United
States Agency for Global Media, consistent with the action plan
submitted pursuant to, and on the same terms and conditions
of, section 7032(i) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2018 (division K of Public
Law 115–141).
(i) I
NTERNATIONAL
F
REEDOM OF
E
XPRESSION
.—
(1) O
PERATIONS
.—Funds appropriated by this Act under
the heading ‘‘Diplomatic Programs’’ shall be made available
for the Bureau of Democracy, Human Rights, and Labor,
Department of State, for the costs of administering programs
designed to promote and defend freedom of expression and
the independence of the media in countries where such freedom
and independence are restricted or denied.
(2) A
SSISTANCE
.—Of the funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’, not less than
$10,000,000 shall be made available for programs that promote
Reports.
Compliance.
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133 STAT. 2869 PUBLIC LAW 116–94—DEC. 20, 2019
and defend freedom of expression and the independence of
the media abroad: Provided, That such funds are in addition
to funds otherwise made available by this Act for such purposes,
and are intended to complement emergency and safety pro-
grams for civil society, including journalists and media outlets
at risk: Provided further, That such funds shall be subject
to prior consultation with, and the regular notification proce-
dures of, the Committees on Appropriations.
INTERNATIONAL RELIGIOUS FREEDOM
S
EC
. 7033. (a) I
NTERNATIONAL
R
ELIGIOUS
F
REEDOM
O
FFICE
.—
Funds appropriated by this Act under the heading ‘‘Diplomatic
Programs’’ shall be made available for the Office of International
Religious Freedom, Department of State, including for support staff
at not less than the amounts specified for such office in the table
under such heading in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consolidated
Act).
(b) A
SSISTANCE
.—Funds appropriated by this Act under the
headings ‘‘Democracy Fund’’, ‘‘Economic Support Fund’’, and ‘‘Inter-
national Broadcasting Operations’’ shall be made available for inter-
national religious freedom programs and funds appropriated by
this Act under the headings ‘‘International Disaster Assistance’’
and ‘‘Migration and Refugee Assistance’’ shall be made available
for humanitarian assistance for vulnerable and persecuted religious
minorities: Provided, That funds made available by this Act under
the headings ‘‘Economic Support Fund’’ and ‘‘Democracy Fund’’
pursuant to this section shall be the responsibility of the Ambas-
sador-at-Large for International Religious Freedom, in consultation
with other relevant United States Government officials, and shall
be subject to prior consultation with the Committees on Appropria-
tions.
(c) A
UTHORITY
.—Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign oper-
ations, and related programs under the heading ‘‘Economic Support
Fund’’ may be made available notwithstanding any other provision
of law for assistance for ethnic and religious minorities in Iraq
and Syria.
(d) D
ESIGNATION OF
N
ON
-
STATE
A
CTORS
.—Section 7033(e) of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public 115–31) shall continue
in effect during fiscal year 2020.
SPECIAL PROVISIONS
S
EC
. 7034. (a) V
ICTIMS OF
W
AR
, D
ISPLACED
C
HILDREN
,
AND
D
ISPLACED
B
URMESE
.—Funds appropriated in titles III and VI of
this Act that are made available for victims of war, displaced
children, displaced Burmese, and to combat trafficking in persons
and assist victims of such trafficking, may be made available not-
withstanding any other provision of law.
(b) F
ORENSIC
A
SSISTANCE
.—
(1) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’, not less than $12,500,000 shall be
made available for forensic anthropology assistance related to
the exhumation and identification of victims of war crimes,
Extension.
Consultations.
Consultation.
Notification.
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133 STAT. 2870 PUBLIC LAW 116–94—DEC. 20, 2019
crimes against humanity, and genocide, which shall be adminis-
tered by the Assistant Secretary for Democracy, Human Rights,
and Labor, Department of State: Provided, That such funds
shall be in addition to funds made available by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs for assistance for coun-
tries.
(2) Of the funds appropriated by this Act under the heading
‘‘International Narcotics Control and Law Enforcement’’, not
less than $8,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(c) A
TROCITIES
P
REVENTION
.—Of the funds appropriated by this
Act under the headings ‘‘Economic Support Fund’’ and ‘‘Inter-
national Narcotics Control and Law Enforcement’’, not less than
$5,000,000 shall be made available for programs to prevent atroc-
ities, including to implement recommendations of the Atrocities
Prevention Board: Provided, That funds made available pursuant
to this subsection are in addition to amounts otherwise made avail-
able for such purposes: Provided further, That such funds shall
be subject to the regular notification procedures of the Committees
on Appropriations.
(d) W
ORLD
F
OOD
P
ROGRAMME
.—Funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development, from this or any
other Act, may be made available as a general contribution to
the World Food Programme, notwithstanding any other provision
of law.
(e) D
IRECTIVES AND
A
UTHORITIES
.—
(1) R
ESEARCH AND TRAINING
.—Funds appropriated by this
Act under the heading ‘‘Assistance for Europe, Eurasia and
Central Asia’’ shall be made available to carry out the Program
for Research and Training on Eastern Europe and the Inde-
pendent States of the Former Soviet Union as authorized by
the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) G
ENOCIDE VICTIMS MEMORIAL SITES
.—Funds appro-
priated by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related pro-
grams under the headings ‘‘Economic Support Fund’’ and
‘‘Assistance for Europe, Eurasia and Central Asia’’ may be
made available as contributions to establish and maintain
memorial sites of genocide, subject to the regular notification
procedures of the Committees on Appropriations.
(3) P
RIVATE SECTOR PARTNERSHIPS
.—Of the funds appro-
priated by this Act under the headings ‘‘Development Assist-
ance’’ and ‘‘Economic Support Fund’’ that are made available
for private sector partnerships, up to $50,000,000 may remain
available until September 30, 2022: Provided, That funds made
available pursuant to this paragraph may only be made avail-
able following prior consultation with the appropriate congres-
sional committees, and the regular notification procedures of
the Committees on Appropriations.
(4) A
DDITIONAL AUTHORITIES
.—Of the amounts made avail-
able by title I of this Act under the heading ‘‘Diplomatic Pro-
grams’’, up to $500,000 may be made available for grants pursu-
ant to section 504 of the Foreign Relations Authorization Act,
Consultation.
Notification.
Notification.
Notification.
Recommenda-
tions.
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133 STAT. 2871 PUBLIC LAW 116–94—DEC. 20, 2019
Fiscal Year 1979 (22 U.S.C. 2656d), including to facilitate
collaboration with indigenous communities, and up to
$1,000,000 may be made available for grants to carry out the
activities of the Cultural Antiquities Task Force.
(5) I
NNOVATION
.—The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions
of section 7034(e)(4) of the Department of State, Foreign Oper-
ations, and Related Programs Appropriations Act, 2019 (divi-
sion F of Public Law 116–6): Provided, That each individual
award may not exceed $100,000: Provided further, That no
more than 15 such awards may be made during fiscal year
2020.
(6) E
XCHANGE VISITOR PROGRAM
.—None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act
of 1961 (Public Law 87–256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedure Act (5 U.S.C. 551 et seq.) and not-
withstanding the exceptions to such rulemaking process in
such Act: Provided, That funds made available for such purpose
shall only be made available after consultation with, and subject
to the regular notification procedures of, the Committees on
Appropriations, regarding how any proposed modification would
affect the public diplomacy goals of, and the estimated economic
impact on, the United States: Provided further, That such con-
sultation shall take place not later than 30 days prior to the
publication in the Federal Register of any regulatory action
modifying the Exchange Visitor Program.
(f) P
ARTNER
V
ETTING
.—Prior to initiating a partner vetting
program, or making significant changes to the scope of an existing
partner vetting program, the Secretary of State and USAID
Administrator, as appropriate, shall consult with the Committees
on Appropriations: Provided, That the Secretary and the Adminis-
trator shall provide a direct vetting option for prime awardees
in any partner vetting program initiated or significantly modified
after the date of enactment of this Act, unless the Secretary of
State or USAID Administrator, as applicable, informs the Commit-
tees on Appropriations on a case-by-case basis that a direct vetting
option is not feasible for such program.
(g) C
ONTINGENCIES
.—During fiscal year 2020, the President
may use up to $125,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any other
provision of law.
(h) I
NTERNATIONAL
C
HILD
A
BDUCTIONS
.—The Secretary of State
should withhold funds appropriated under title III of this Act for
assistance for the central government of any country that is not
taking appropriate steps to comply with the Convention on the
Civil Aspects of International Child Abductions, done at the Hague
on October 25, 1980: Provided, That the Secretary shall report
to the Committees on Appropriations within 15 days of withholding
funds under this subsection.
(i) T
RANSFER OF
F
UNDS FOR
E
XTRAORDINARY
P
ROTECTION
.—
The Secretary of State may transfer to, and merge with, funds
under the heading ‘‘Protection of Foreign Missions and Officials’’
unobligated balances of expired funds appropriated under the
Deadline.
Reports.
Compliance.
Notification.
Consultation.
Deadline.
Federal Register,
publication.
Consultation.
Notification.
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133 STAT. 2872 PUBLIC LAW 116–94—DEC. 20, 2019
heading ‘‘Diplomatic Programs’’ for fiscal year 2020, except for
funds designated for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985, at no later
than the end of the fifth fiscal year after the last fiscal year
for which such funds are available for the purposes for which
appropriated: Provided, That not more than $50,000,000 may be
transferred.
(j) A
UTHORITY
.—Funds made available by this Act under the
heading ‘‘Economic Support Fund’’ to counter extremism may be
made available notwithstanding any other provision of law
restricting assistance to foreign countries, except sections 502B,
620A, and 620M of the Foreign Assistance Act of 1961: Provided,
That the use of the authority of this subsection shall be subject
to prior consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on Appro-
priations.
(k) P
ROTECTIONS AND
R
EMEDIES FOR
E
MPLOYEES OF
D
IPLOMATIC
M
ISSIONS AND
I
NTERNATIONAL
O
RGANIZATIONS
.—The Secretary of
State shall implement section 203(a)(2) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (Public
Law 110–457): Provided, That in addition to suspension on the
basis of an unpaid default or final civil judgment directly or
indirectly related to human trafficking against the employer or
a family member assigned to an embassy, suspension on this basis
should also apply to an employer or family member assigned to
any diplomatic mission, or any international organization: Provided
further, That the Secretary of State should assist in obtaining
payment of final court judgments awarded to A–3 and G–5 visa
holders, including encouraging the sending states to provide com-
pensation directly to victims: Provided further, That the Secretary
shall include in the Trafficking in Persons annual report a concise
summary of each trafficking case involving an A–3 or G–5 visa
holder that meets one or more of the following criteria: (1) a final
court judgment (including a default judgment) issued against a
current or former employee of such diplomatic mission or inter-
national organization; (2) the issuance of a T-visa to the victim;
or (3) a request by the Department of State to the sending state
that immunity of individual diplomats or family members be waived
to permit criminal prosecution.
(l) E
XTENSION OF
A
UTHORITIES
.—
(1) P
ASSPORT FEES
.—Section 1(b)(2) of the Passport Act
of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by sub-
stituting ‘‘September 30, 2020’’ for ‘‘September 30, 2010’’.
(2) I
NCENTIVES FOR CRITICAL POSTS
.—The authority con-
tained in section 1115(d) of the Supplemental Appropriations
Act, 2009 (Public Law 111–32) shall remain in effect through
September 30, 2020.
(3) USAID
CIVIL SERVICE ANNUITANT WAIVER
.—Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ‘‘September 30,
2020’’ for ‘‘October 1, 2010’’ in subparagraph (B).
(4) O
VERSEAS PAY COMPARABILITY AND LIMITATION
.—(A)
Subject to the limitation described in subparagraph (B), the
authority provided by section 1113 of the Supplemental Appro-
priations Act, 2009 (Public Law 111–32) shall remain in effect
through September 30, 2020.
Applicability.
22 USC 2385
note.
Applicability.
22 USC 214 note.
Reports.
Criteria.
Consultation.
Notification.
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133 STAT. 2873 PUBLIC LAW 116–94—DEC. 20, 2019
(B) The authority described in subparagraph (A) may not
be used to pay an eligible member of the Foreign Service
(as defined in section 1113(b) of the Supplemental Appropria-
tions Act, 2009 (Public Law 111–32)) a locality-based com-
parability payment (stated as a percentage) that exceeds two-
thirds of the amount of the locality-based comparability pay-
ment (stated as a percentage) that would be payable to such
member under section 5304 of title 5, United States Code,
if such member’s official duty station were in the District of
Columbia.
(5) C
ATEGORICAL ELIGIBILITY
.—The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101–167) is amended—
(A) in section 599D (8 U.S.C. 1157 note)—
(i) in subsection (b)(3), by striking ‘‘and 2019’’ and
inserting ‘‘2019, and 2020’’; and
(ii) in subsection (e), by striking ‘‘2019’’ each place
it appears and inserting ‘‘2020’’; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
striking ‘‘2019’’ and inserting ‘‘2020’’.
(6) I
NSPECTOR GENERAL ANNUITANT WAIVER
.—The authori-
ties provided in section 1015(b) of the Supplemental Appropria-
tions Act, 2010 (Public Law 111–212) shall remain in effect
through September 30, 2020, and may be used to facilitate
the assignment of persons for oversight of programs in Syria,
South Sudan, Yemen, Somalia, and Venezuela.
(7) A
CCOUNTABILITY REVIEW BOARDS
.—The authority pro-
vided by section 301(a)(3) of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall
remain in effect for facilities in Afghanistan through September
30, 2020, except that the notification and reporting require-
ments contained in such section shall include the Committees
on Appropriations.
(8) S
PECIAL INSPECTOR GENERAL FOR AFGHANISTAN
RECONSTRUCTION COMPETITIVE STATUS
.—Notwithstanding any
other provision of law, any employee of the Special Inspector
General for Afghanistan Reconstruction (SIGAR) who completes
at least 12 months of continuous service after enactment of
this Act or who is employed on the date on which SIGAR
terminates, whichever occurs first, shall acquire competitive
status for appointment to any position in the competitive service
for which the employee possesses the required qualifications.
(9) T
RANSFER OF BALANCES
.—Section 7081(h) of the Depart-
ment of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115–31)
shall continue in effect during fiscal year 2020.
(10) D
EPARTMENT OF STATE INSPECTOR GENERAL WAIVER
AUTHORITY
.—The Inspector General of the Department of State
may waive the provisions of subsections (a) through (d) of
section 824 of the Foreign Service Act of 1980 (22 U.S.C.
4064) on a case-by-case basis for an annuitant reemployed
by the Inspector General on a temporary basis, subject to
the same constraints and in the same manner by which the
Secretary of State may exercise such waiver authority pursuant
to subsection (g) of such section.
(11) A
FGHAN ALLIES
.—Section 602(b)(3)(F) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
Waiver authority.
Extension.
8 USC 1715 note.
Notification.
Reports.
22 USC 4831
note.
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133 STAT. 2874 PUBLIC LAW 116–94—DEC. 20, 2019
(A) in the heading, striking ‘‘2015, 2016, AND 2017’’
and inserting ‘‘2015 THROUGH 2020’’;
(B) in the matter preceding clause (i), by striking
‘‘18,500’’ and inserting ‘‘22,500’’; and
(C) in clauses (i) and (ii), by striking ‘‘December 31,
2020’’ and inserting ‘‘December 31, 2021’’.
(m) M
ONITORING AND
E
VALUATION
.—Funds appropriated by this
Act that are made available for monitoring and evaluation of assist-
ance under the headings ‘‘Development Assistance’’, ‘‘International
Disaster Assistance’’, and ‘‘Migration and Refugee Assistance’’ shall,
as appropriate, be made available for the regular collection of feed-
back obtained directly from beneficiaries on the quality and rel-
evance of such assistance: Provided, That the Department of State
and USAID shall establish, and post on their respective websites,
updated procedures for implementing partners that receive funds
under such headings for regularly collecting and responding to
such feedback, including guidelines for the reporting on actions
taken in response to the feedback received: Provided further, That
the Department of State and USAID shall regularly conduct over-
sight to ensure that such feedback is regularly collected and used
by implementing partners to maximize the cost-effectiveness and
utility of such assistance.
(n) HIV/AIDS W
ORKING
C
APITAL
F
UND
.—Funds available in
the HIV/AIDS Working Capital Fund established pursuant to sec-
tion 525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108–447)
may be made available for pharmaceuticals and other products
for child survival, malaria, and tuberculosis to the same extent
as HIV/AIDS pharmaceuticals and other products, subject to the
terms and conditions in such section: Provided, That the authority
in section 525(b)(5) of the Foreign Operations, Export Financing,
and Related Programs Appropriation Act, 2005 (Public Law 108–
447) shall be exercised by the Assistant Administrator for Global
Health, USAID, with respect to funds deposited for such non-HIV/
AIDS pharmaceuticals and other products, and shall be subject
to the regular notification procedures of the Committees on Appro-
priations: Provided further, That the Secretary of State shall include
in the congressional budget justification an accounting of budgetary
resources, disbursements, balances, and reimbursements related
to such fund.
(o) L
OANS
, C
ONSULTATION
,
AND
N
OTIFICATION
.—
(1) L
OAN GUARANTEES
.—Funds appropriated under the
headings ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe,
Eurasia and Central Asia’’ by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for the costs,
as defined in section 502 of the Congressional Budget Act
of 1974, of loan guarantees for Egypt, Jordan, Tunisia, and
Ukraine, which are authorized to be provided: Provided, That
amounts made available under this paragraph for the costs
of such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country.
(2) D
ESIGNATION REQUIREMENT
.—Funds made available
pursuant to paragraph (1) from prior Acts making appropria-
tions for the Department of State, foreign operations, and
Records.
Notification.
Oversight.
Web posting.
Procedures.
Guidelines.
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133 STAT. 2875 PUBLIC LAW 116–94—DEC. 20, 2019
related programs that were previously designated by the Con-
gress for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are des-
ignated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of such Act.
(3) C
ONSULTATION AND NOTIFICATION
.—Funds made avail-
able pursuant to the authorities of this subsection shall be
subject to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations.
(p) L
OCAL
W
ORKS
.—
(1) F
UNDING
.—Of the funds appropriated by this Act under
the headings ‘‘Development Assistance’’ and ‘‘Economic Support
Fund’’, not less than $50,000,000 shall be made available for
Local Works pursuant to section 7080 of the Department of
State, Foreign Operations, and Related Programs Appropria-
tions Act, 2015 (division J of Public Law 113–235), which may
remain available until September 30, 2024.
(2) E
LIGIBLE ENTITIES
.—For the purposes of section 7080
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113–235), ‘‘eligible entities’’ shall be defined as small local,
international, and United States-based nongovernmental
organizations, educational institutions, and other small entities
that have received less than a total of $5,000,000 from USAID
over the previous 5 fiscal years: Provided, That departments
or centers of such educational institutions may be considered
individually in determining such eligibility.
(q) W
ESTERN
H
EMISPHERE
D
RUG
P
OLICY
C
OMMISSION
.—Up to
$499,000 of the funds appropriated under the heading ‘‘Western
Hemisphere Drug Policy Commission, Salaries and Expenses’’ of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116–6) shall
remain available for obligation until September 30, 2021, notwith-
standing the period of availability under such heading.
(r) D
EFINITIONS
.—
(1) A
PPROPRIATE CONGRESSIONAL COMMITTEES
.—Unless
otherwise defined in this Act, for purposes of this Act the
term ‘‘appropriate congressional committees’’ means the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives.
(2) F
UNDS APPROPRIATED BY THIS ACT AND PRIOR ACTS
.—
Unless otherwise defined in this Act, for purposes of this Act
the term ‘‘funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs’’ means funds that remain available for
obligation, and have not expired.
(3) I
NTERNATIONAL FINANCIAL INSTITUTIONS
.—In this Act
‘‘international financial institutions’’ means the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corpora-
tion, the Inter-American Development Bank, the International
Monetary Fund, the International Fund for Agricultural
Development, the Asian Development Fund, the Inter-American
22 USC 262h
note.
Definition.
Time period.
22 USC 2152i
note.
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133 STAT. 2876 PUBLIC LAW 116–94—DEC. 20, 2019
Investment Corporation, the North American Development
Bank, the European Bank for Reconstruction and Development,
the African Development Bank, the African Development Fund,
and the Multilateral Investment Guarantee Agency.
(4) S
OUTHERN KORDOFAN
.—Any reference to Southern
Kordofan in this or any other Act making appropriations for
the Department of State, foreign operations, and related pro-
grams shall for this fiscal year, and each fiscal year thereafter,
be deemed to include portions of Western Kordofan that were
previously part of Southern Kordofan prior to the 2013 division
of Southern Kordofan.
(5) USAID.—In this Act, the term ‘‘USAID’’ means the
United States Agency for International Development.
(6) S
PEND PLAN
.—In this Act, the term ‘‘spend plan’’ means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of—
(A) realistic and sustainable goals, criteria for meas-
uring progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing
or planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(7) S
UCCESSOR OPERATING UNIT
.—Any reference to a par-
ticular USAID operating unit or office in this or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be deemed to include
any successor operating unit or office performing the same
or similar functions.
LAW ENFORCEMENT AND SECURITY
S
EC
. 7035. (a) A
SSISTANCE
.—
(1) C
OMMUNITY
-
BASED POLICE ASSISTANCE
.—Funds made
available under titles III and IV of this Act to carry out the
provisions of chapter 1 of part I and chapters 4 and 6 of
part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights,
the rule of law, anti-corruption, strategic planning, and through
assistance to foster civilian police roles that support democratic
governance, including assistance for programs to prevent con-
flict, respond to disasters, address gender-based violence, and
foster improved police relations with the communities they
serve.
(2) C
OUNTERTERRORISM PARTNERSHIPS FUND
.—Funds
appropriated by this Act under the heading ‘‘Nonproliferation,
Anti-terrorism, Demining and Related Programs’’ shall be made
available for the Counterterrorism Partnerships Fund for pro-
grams in areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and Syria or
other terrorist organizations: Provided, That such areas shall
include the Kurdistan Region of Iraq: Provided further, That
prior to the obligation of funds made available pursuant to
this paragraph, the Secretary of State shall take all practicable
Iraq.
22 USC 2152i
note.
Time periods.
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133 STAT. 2877 PUBLIC LAW 116–94—DEC. 20, 2019
steps to ensure that mechanisms are in place for monitoring,
oversight, and control of such funds: Provided further, That
funds made available pursuant to this paragraph shall be sub-
ject to prior consultation with the appropriate congressional
committees, and the regular notification procedures of the
Committees on Appropriations.
(3) C
OMBAT CASUALTY CARE
.—(A) Consistent with the objec-
tives of the Foreign Assistance Act of 1961 and the Arms
Export Control Act, funds appropriated by this Act under the
headings ‘‘Peacekeeping Operations’’ and ‘‘Foreign Military
Financing Program’’ shall be made available for combat cas-
ualty training and equipment.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of
lethal assistance funded by this Act with funds appropriated
under the headings ‘‘Peacekeeping Operations’’ and ‘‘Foreign
Military Financing Program’’: Provided, That the requirement
of this subparagraph shall apply to a country in conflict, unless
the Secretary determines that such country has in place, to
the maximum extent practicable, functioning combat casualty
care treatment and equipment that meets or exceeds the stand-
ards recommended by the Committee on Tactical Combat Cas-
ualty Care: Provided further, That any such training and equip-
ment for combat casualty care shall be made available through
an open and competitive process.
(4) T
RAINING RELATED TO INTERNATIONAL HUMANITARIAN
LAW
.—The Secretary of State shall offer training related to
the requirements of international humanitarian law as a compo-
nent of any package of lethal assistance funded by this Act
with funds appropriated under the headings ‘‘Peacekeeping
Operations’’ and ‘‘Foreign Military Financing Program’’: Pro-
vided, That the requirement of this paragraph shall not apply
to a country that is a member of the North Atlantic Treaty
Organization (NATO), is a major non-NATO ally designated
by section 517(b) of the Foreign Assistance Act of 1961, or
is complying with international humanitarian law: Provided
further, That any such training shall be made available through
an open and competitive process.
(5) S
ECURITY FORCE PROFESSIONALIZATION
.—Funds appro-
priated by this Act under the headings ‘‘International Narcotics
Control and Law Enforcement’’ and ‘‘Peacekeeping Operations’’
shall be made available to increase the capacity of foreign
military and law enforcement personnel to operate in accord-
ance with appropriate standards relating to human rights and
the protection of civilians in the manner specified under this
section in Senate Report 116–126, following consultation with
the Committees on Appropriations: Provided, That funds made
available pursuant to this paragraph shall be made available
through an open and competitive process.
(6) G
LOBAL SECURITY CONTINGENCY FUND
.—Notwith-
standing any other provision of this Act, up to $7,500,000
from funds appropriated by this Act under the headings ‘‘Peace-
keeping Operations’’ and ‘‘Foreign Military Financing Program’’
may be transferred to, and merged with, funds previously made
available under the heading ‘‘Global Security Contingency
Fund’’, subject to the regular notification procedures of the
Committees on Appropriations.
Notification.
Consultation.
Applicability.
Consultation.
Notification.
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133 STAT. 2878 PUBLIC LAW 116–94—DEC. 20, 2019
(7) I
NTERNATIONAL PRISON CONDITIONS
.—Of the funds
appropriated by this Act under the headings ‘‘Development
Assistance’’, ‘‘Economic Support Fund’’, and ‘‘International Nar-
cotics Control and Law Enforcement’’, not less than $7,500,000
shall be made available for assistance to eliminate inhumane
conditions in foreign prisons and other detention facilities, not-
withstanding section 660 of the Foreign Assistance Act of 1961:
Provided, That the Secretary of State and the USAID Adminis-
trator shall consult with the Committees on Appropriations
on the proposed uses of such funds prior to obligation and
not later than 60 days after enactment of this Act: Provided
further, That such funds shall be in addition to funds otherwise
made available by this Act for such purpose.
(b) A
UTHORITIES
.—
(1) R
ECONSTITUTING CIVILIAN POLICE AUTHORITY
.—In pro-
viding assistance with funds appropriated by this Act under
section 660(b)(6) of the Foreign Assistance Act of 1961, support
for a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-national
entity emerging from instability, as well as a nation emerging
from instability.
(2) D
ISARMAMENT
,
DEMOBILIZATION
,
AND REINTEGRATION
.—
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J
of Public Law 113–235) shall continue in effect during fiscal
year 2020.
(3) E
XTENSION OF WAR RESERVES STOCKPILE AUTHORITY
.—
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108–287; 118 Stat.
1011) is amended by striking ‘‘of this section’’ and all
that follows through the period at the end and inserting
‘‘of this section after September 30, 2021.’’.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking
‘‘and 2020’’ and inserting ‘‘2020, and 2021’’.
(4) C
OMMERCIAL LEASING OF DEFENSE ARTICLES
.—Notwith-
standing any other provision of law, and subject to the regular
notification procedures of the Committees on Appropriations,
the authority of section 23(a) of the Arms Export Control Act
(22 U.S.C. 2763) may be used to provide financing to Israel,
Egypt, the North Atlantic Treaty Organization (NATO), and
major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense articles
from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the President
determines that there are compelling foreign policy or national
security reasons for those defense articles being provided by
commercial lease rather than by government-to-government
sale under such Act.
(5) S
PECIAL DEFENSE ACQUISITION FUND
.—Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2)
of the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund),
to remain available for obligation until September 30, 2022:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations from
Notification.
President.
Determination.
Extension.
Consultation.
Deadline.
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133 STAT. 2879 PUBLIC LAW 116–94—DEC. 20, 2019
the Fund shall be subject to the concurrence of the Secretary
of State.
(6) P
UBLIC DISCLOSURE
.—For the purposes of funds appro-
priated by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related pro-
grams that are made available for assistance for units of foreign
security forces, the term ‘‘to the maximum extent practicable’’
in section 620M(d)(7) of the Foreign Assistance Act of 1961
(22 U.S.C. 2378d) means that the identity of such units shall
be made publicly available unless the Secretary of State, on
a case-by-case basis, determines and reports to the appropriate
congressional committees that disclosure would endanger the
safety of human sources or reveal sensitive intelligence sources
and methods, or that non-disclosure is in the national security
interest of the United States: Provided, That any such deter-
mination shall include a detailed justification, and may be
submitted in classified form.
(7) D
UTY TO INFORM
.—If assistance to a foreign security
force is provided in a manner in which the recipient unit
or units cannot be identified prior to the transfer of assistance,
the Secretary of State shall provide a list of units prohibited
from receiving such assistance pursuant to section 620M of
the Foreign Assistance Act of 1961 to the recipient government.
(c) L
IMITATIONS
.—
(1) C
HILD SOLDIERS
.—Funds appropriated by this Act
should not be used to support any military training or oper-
ations that include child soldiers.
(2) L
ANDMINES AND CLUSTER MUNITIONS
.—
(A) L
ANDMINES
.—Notwithstanding any other provision
of law, demining equipment available to the United States
Agency for International Development and the Department
of State and used in support of the clearance of landmines
and unexploded ordnance for humanitarian purposes may
be disposed of on a grant basis in foreign countries, subject
to such terms and conditions as the Secretary of State
may prescribe.
(B) C
LUSTER MUNITIONS
.—No military assistance shall
be furnished for cluster munitions, no defense export
license for cluster munitions may be issued, and no cluster
munitions or cluster munitions technology shall be sold
or transferred, unless—
(i) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent
unexploded ordnance across the range of intended oper-
ational environments, and the agreement applicable
to the assistance, transfer, or sale of such cluster muni-
tions or cluster munitions technology specifies that
the cluster munitions will only be used against clearly
defined military targets and will not be used where
civilians are known to be present or in areas normally
inhabited by civilians; or
(ii) such assistance, license, sale, or transfer is
for the purpose of demilitarizing or permanently dis-
posing of such cluster munitions.
(3) C
ROWD CONTROL ITEMS
.—Funds appropriated by this
Act should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
Determination.
Lists.
Definition.
Public
information.
Determination.
Reports.
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133 STAT. 2880 PUBLIC LAW 116–94—DEC. 20, 2019
foreign security forces that use excessive force to repress peace-
ful expression, association, or assembly in countries that the
Secretary of State determines are undemocratic or are under-
going democratic transitions.
(d) R
EPORTS
.—
(1) S
ECURITY ASSISTANCE REPORT
.—Not later than 120 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a report on funds obli-
gated and expended during fiscal year 2019, by country and
purpose of assistance, under the headings ‘‘Peacekeeping Oper-
ations’’, ‘‘International Military Education and Training’’, and
‘‘Foreign Military Financing Program’’.
(2) A
NNUAL FOREIGN MILITARY TRAINING REPORT
.—For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ‘‘military training provided to foreign
military personnel by the Department of Defense and the
Department of State’’ shall be deemed to include all military
training provided by foreign governments with funds appro-
priated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally.
ARAB LEAGUE BOYCOTT OF ISRAEL
S
EC
. 7036. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly termi-
nated, and the Central Office for the Boycott of Israel imme-
diately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and
find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott
of Israel, including those to encourage allies and trading part-
ners of the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing businesses
that do comply.
PALESTINIAN STATEHOOD
S
EC
. 7037. (a) L
IMITATION ON
A
SSISTANCE
.—None of the funds
appropriated under titles III through VI of this Act may be provided
Determination.
Certification.
Definition.
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133 STAT. 2881 PUBLIC LAW 116–94—DEC. 20, 2019
to support a Palestinian state unless the Secretary of State deter-
mines and certifies to the appropriate congressional committees
that—
(1) the governing entity of a new Palestinian state—
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism
and terrorist financing in the West Bank and Gaza,
including the dismantling of terrorist infrastructures, and
is cooperating with appropriate Israeli and other appro-
priate security organizations; and
(2) the Palestinian Authority (or the governing entity of
a new Palestinian state) is working with other countries in
the region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include—
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establish-
ment of demilitarized zones;
(C) their right to live in peace within secure and recog-
nized boundaries free from threats or acts of force;
(D) freedom of navigation through international water-
ways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
the governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) W
AIVER
.—The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) E
XEMPTION
.—The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity, in
order to help meet the requirements of subsection (a), consistent
with the provisions of section 7040 of this Act (‘‘Limitation on
Assistance for the Palestinian Authority’’).
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION
S
EC
. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to
the Palestinian Broadcasting Corporation.
ASSISTANCE FOR THE WEST BANK AND GAZA
S
EC
. 7039. (a) O
VERSIGHT
.—For fiscal year 2020, 30 days prior
to the initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the Commit-
tees on Appropriations that procedures have been established to
Deadline.
Certification.
Procedures.
Records.
Review.
President.
Determination.
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133 STAT. 2882 PUBLIC LAW 116–94—DEC. 20, 2019
assure the Comptroller General of the United States will have
access to appropriate United States financial information in order
to review the uses of United States assistance for the Program
funded under the heading ‘‘Economic Support Fund’’ for the West
Bank and Gaza.
(b) V
ETTING
.—Prior to the obligation of funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ for assist-
ance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual, private or government entity,
or educational institution that the Secretary knows or has reason
to believe advocates, plans, sponsors, engages in, or has engaged
in, terrorist activity nor, with respect to private entities or edu-
cational institutions, those that have as a principal officer of the
entity’s governing board or governing board of trustees any indi-
vidual that has been determined to be involved in, or advocating
terrorist activity or determined to be a member of a designated
foreign terrorist organization: Provided, That the Secretary of State
shall, as appropriate, establish procedures specifying the steps to
be taken in carrying out this subsection and shall terminate assist-
ance to any individual, entity, or educational institution which
the Secretary has determined to be involved in or advocating ter-
rorist activity.
(c) P
ROHIBITION
.—
(1) R
ECOGNITION OF ACTS OF TERRORISM
.—None of the
funds appropriated under titles III through VI of this Act
for assistance under the West Bank and Gaza Program may
be made available for—
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of ter-
rorism; and
(B) any educational institution located in the West
Bank or Gaza that is named after an individual who the
Secretary of State determines has committed an act of
terrorism.
(2) S
ECURITY ASSISTANCE AND REPORTING REQUIREMENT
.—
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on Appro-
priations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports
on the extent of Palestinian compliance with such benchmarks.
(d) O
VERSIGHT BY THE
U
NITED
S
TATES
A
GENCY FOR
I
NTER
-
NATIONAL
D
EVELOPMENT
.—
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and
Gaza Program, are conducted at least on an annual basis
to ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,000,000
may be used by the Office of Inspector General of the United
Audits.
Contracts.
Grants.
Deadline.
Termination.
Determination.
Terrorism.
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133 STAT. 2883 PUBLIC LAW 116–94—DEC. 20, 2019
States Agency for International Development for audits, inves-
tigations, and other activities in furtherance of the require-
ments of this subsection: Provided, That such funds are in
addition to funds otherwise available for such purposes.
(e) C
OMPTROLLER
G
ENERAL OF THE
U
NITED
S
TATES
A
UDIT
.—
Subsequent to the certification specified in subsection (a), the Comp-
troller General of the United States shall conduct an audit and
an investigation of the treatment, handling, and uses of all funds
for the bilateral West Bank and Gaza Program, including all funds
provided as cash transfer assistance, in fiscal year 2020 under
the heading ‘‘Economic Support Fund’’, and such audit shall
address—
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations
and expenditures.
(f) N
OTIFICATION
P
ROCEDURES
.—Funds made available in this
Act for West Bank and Gaza shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations.
LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY
S
EC
. 7040. (a) P
ROHIBITION OF
F
UNDS
.—None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be obligated
or expended with respect to providing funds to the Palestinian
Authority.
(b) W
AIVER
.—The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker of
the House of Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that waiving such
prohibition is important to the national security interest of the
United States.
(c) P
ERIOD OF
A
PPLICATION OF
W
AIVER
.—Any waiver pursuant
to subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) R
EPORT
.—Whenever the waiver authority pursuant to sub-
section (b) is exercised, the President shall submit a report to
the Committees on Appropriations detailing the justification for
the waiver, the purposes for which the funds will be spent, and
the accounting procedures in place to ensure that the funds are
properly disbursed: Provided, That the report shall also detail the
steps the Palestinian Authority has taken to arrest terrorists, con-
fiscate weapons and dismantle the terrorist infrastructure.
(e) C
ERTIFICATION
.—If the President exercises the waiver
authority under subsection (b), the Secretary of State must certify
and report to the Committees on Appropriations prior to the obliga-
tion of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and
all financing mechanisms flow through this account, no parallel
financing mechanisms exist outside of the Palestinian Authority
treasury account, and there is a single comprehensive civil service
roster and payroll, and the Palestinian Authority is acting to
counter incitement of violence against Israelis and is supporting
President.
Reports.
President.
President.
Certification.
Examination.
Compliance.
Investigation.
Time period.
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133 STAT. 2884 PUBLIC LAW 116–94—DEC. 20, 2019
activities aimed at promoting peace, coexistence, and security
cooperation with Israel.
(f) P
ROHIBITION TO
H
AMAS AND THE
P
ALESTINE
L
IBERATION
O
RGANIZATION
.—
(1) None of the funds appropriated in titles III through
VI of this Act may be obligated for salaries of personnel of
the Palestinian Authority located in Gaza or may be obligated
or expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assist-
ance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its min-
isters or such equivalent, has publicly accepted and is complying
with the principles contained in section 620K(b)(1) (A) and
(B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2)
is exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the cer-
tification and every quarter thereafter on whether such govern-
ment, including all of its ministers or such equivalent are
continuing to comply with the principles contained in section
620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961,
as amended: Provided, That the report shall also detail the
amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
MIDDLE EAST AND NORTH AFRICA
S
EC
. 7041. (a) E
GYPT
.—
(1) C
ERTIFICATION AND REPORT
.—Funds appropriated by
this Act that are available for assistance for Egypt may be
made available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection and
section 620M of the Foreign Assistance Act of 1961, and may
only be made available for assistance for the Government of
Egypt if the Secretary of State certifies and reports to the
Committees on Appropriations that such government is—
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) E
CONOMIC SUPPORT FUND
.—Of the funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’, not
less than $125,000,000 shall be made available for assistance
for Egypt, of which not less than $40,000,000 should be made
available for higher education programs, including not less
President.
President.
Certification.
Reports.
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133 STAT. 2885 PUBLIC LAW 116–94—DEC. 20, 2019
than $15,000,000 for scholarships for Egyptian students with
high financial need to attend not-for-profit institutions of higher
education in Egypt that are currently accredited by a regional
accrediting agency recognized by the United States Department
of Education, or meets standards equivalent to those required
for United States institutional accreditation by a regional
accrediting agency recognized by such Department: Provided,
That such funds shall be made available for democracy pro-
grams, and for development programs in the Sinai: Provided
further, That such funds may not be made available for cash
transfer assistance or budget support unless the Secretary of
State certifies and reports to the appropriate congressional
committees that the Government of Egypt is taking consistent
and effective steps to stabilize the economy and implement
market-based economic reforms.
(3) F
OREIGN MILITARY FINANCING PROGRAM
.—(A) Of the
funds appropriated by this Act under the heading ‘‘Foreign
Military Financing Program’’, $1,300,000,000, to remain avail-
able until September 30, 2021, should be made available for
assistance for Egypt: Provided, That such funds may be trans-
ferred to an interest bearing account in the Federal Reserve
Bank of New York, following consultation with the Committees
on Appropriations, and the uses of any interest earned on
such funds shall be subject to the regular notification proce-
dures of the Committees on Appropriations: Provided further,
That $300,000,000 of such funds shall be withheld from obliga-
tion until the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Egypt
is taking sustained and effective steps to—
(i) strengthen the rule of law, democratic institutions,
and human rights in Egypt, including to protect religious
minorities and the rights of women, which are in addition
to steps taken during the previous calendar year for such
purposes;
(ii) implement reforms that protect freedoms of expres-
sion, association, and peaceful assembly, including the
ability of civil society organizations, human rights
defenders, and the media to function without interference;
(iii) release political prisoners and provide detainees
with due process of law;
(iv) hold Egyptian security forces accountable,
including officers credibly alleged to have violated human
rights;
(v) investigate and prosecute cases of extrajudicial
killings and forced disappearances; and
(vi) provide regular access for United States officials
to monitor such assistance in areas where the assistance
is used:
Provided further, That the certification requirement of this
paragraph shall not apply to funds appropriated by this Act
under such heading for counterterrorism, border security, and
nonproliferation programs for Egypt.
(B) The Secretary of State may waive the certification
requirement in subparagraph (A) if the Secretary determines
and reports to the Committees on Appropriations that to do
so is important to the national security interest of the United
States, and submits a report to such Committees containing
Waiver authority.
Determination.
Reports.
Certification.
Reports.
Human rights.
Consultation.
Notification.
Certification.
Reports.
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133 STAT. 2886 PUBLIC LAW 116–94—DEC. 20, 2019
a detailed justification for the use of such waiver and the
reasons why any of the requirements of subparagraph (A)
cannot be met: Provided, That the report required by this
paragraph shall be submitted in unclassified form, but may
be accompanied by a classified annex.
(4) R
EPORT
.—Not later than 30 days after enactment of
this Act, and every 60 days thereafter, the Secretary of State
shall submit a report to the appropriate congressional commit-
tees describing and assessing the actions taken by the Govern-
ment of Egypt during the previous 60 days to fairly compensate
April Corley for injuries and losses sustained as a result of
the attack on her tour group by the Egyptian military on
September 13, 2015, and progress in resolving her case: Pro-
vided, That if the Secretary reports that no progress has been
made in the previous 60 days, the report shall include the
reasons for the lack of progress.
(b) I
RAN
.—
(1) F
UNDING
.—Funds appropriated by this Act under the
headings ‘‘Diplomatic Programs’’, ‘‘Economic Support Fund’’,
and ‘‘Nonproliferation, Anti-terrorism, Demining and Related
Programs’’ shall be made available for the programs and activi-
ties described under this section in House Report 116–78.
(2) R
EPORTS
.—
(A) S
EMI
-
ANNUAL REPORT
.—The Secretary of State shall
submit to the Committees on Appropriations the semi-
annual report required by section 135(d)(4) of the Atomic
Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as added by
section 2 of the Iran Nuclear Agreement Review Act of
2015 (Public Law 114–17).
(B) S
ANCTIONS REPORT
.—Not later than 180 days after
the date of enactment of this Act, the Secretary of State,
in consultation with the Secretary of the Treasury, shall
submit to the appropriate congressional committees a
report on—
(i) the status of United States bilateral sanctions
on Iran;
(ii) the reimposition and renewed enforcement of
secondary sanctions; and
(iii) the impact such sanctions have had on Iran’s
destabilizing activities throughout the Middle East.
(c) I
RAQ
.—
(1) P
URPOSES
.—Funds appropriated under titles III and
IV of this Act shall be made available for assistance for Iraq
for—
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region of
Iraq and for the Marla Ruzicka Iraqi War Victims Fund;
(B) stabilization assistance, including in Anbar Prov-
ince;
(C) humanitarian assistance, including in the
Kurdistan Region of Iraq; and
(D) programs to protect and assist religious and ethnic
minority populations in Iraq, including as described under
this section in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consoli-
dated Act).
Consultation.
Assessment.
Time period.
April Corley.
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133 STAT. 2887 PUBLIC LAW 116–94—DEC. 20, 2019
(2) U
NITED STATES CONSULATE GENERAL BASRAH
.—Any
change in the status of operations at United States Consulate
General Basrah, including the return of Consulate property
located adjacent to the Basrah International Airport to the
Government of Iraq, shall be subject to prior consultation with
the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
(3) B
ASING RIGHTS AGREEMENT
.—None of the funds appro-
priated or otherwise made available by this Act may be used
by the Government of the United States to enter into a perma-
nent basing rights agreement between the United States and
Iraq.
(d) J
ORDAN
.—
(1) A
SSISTANCE APPROPRIATED BY THIS ACT
.—Of the funds
appropriated by this Act under titles III and IV, not less than
$1,525,000,000 shall be made available for assistance for
Jordan, of which: not less than $1,082,400,000 shall be made
available under the heading ‘‘Economic Support Fund’’, of which
not less than $745,100,000 shall be made available for budget
support for the Government of Jordan; and not less than
$425,000,000 shall be made available under the heading ‘‘For-
eign Military Financing Program’’.
(2) A
SSISTANCE APPROPRIATED BY PRIOR ACTS
.—Of the funds
appropriated under the heading ‘‘Economic Support Fund’’ in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, not less than
$125,000,000 shall be made available for assistance for Jordan,
of which $100,000,000 shall be made available for budget sup-
port for the Government of Jordan and $25,000,000 shall be
made available for programs to increase electricity transmission
to neighboring countries, including Iraq: Provided, That such
funds are in addition to amounts otherwise made available
for such purposes.
(e) L
EBANON
.—
(1) A
SSISTANCE
.—Funds appropriated under titles III and
IV of this Act shall be made available for assistance for Leb-
anon: Provided, That such funds made available under the
heading ‘‘Economic Support Fund’’ may be made available not-
withstanding section 1224 of the Foreign Relations Authoriza-
tion Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C.
2346 note).
(2) S
ECURITY ASSISTANCE
.—
(A) Funds appropriated by this Act under the headings
‘‘International Narcotics Control and Law Enforcement’’
and ‘‘Foreign Military Financing Program’’ that are made
available for assistance for Lebanon may be made available
for programs and equipment for the Lebanese Internal
Security Forces (ISF) and the Lebanese Armed Forces
(LAF) to address security and stability requirements in
areas affected by conflict in Syria, following consultation
with the appropriate congressional committees.
(B) Funds appropriated by this Act under the heading
‘‘Foreign Military Financing Program’’ that are made avail-
able for assistance for Lebanon may only be made available
for programs to—
Consultation.
Consultation.
Notification.
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133 STAT. 2888 PUBLIC LAW 116–94—DEC. 20, 2019
(i) professionalize the LAF to mitigate internal
and external threats from non-state actors, including
Hizballah;
(ii) strengthen border security and combat ter-
rorism, including training and equipping the LAF to
secure the borders of Lebanon and address security
and stability requirements in areas affected by conflict
in Syria, interdicting arms shipments, and preventing
the use of Lebanon as a safe haven for terrorist groups;
and
(iii) implement United Nations Security Council
Resolution 1701:
Provided, That prior to obligating funds made available
by this subparagraph for assistance for the LAF, the Sec-
retary of State shall submit to the Committees on Appro-
priations a spend plan, including actions to be taken to
ensure equipment provided to the LAF is used only for
the intended purposes, except such plan may not be consid-
ered as meeting the notification requirements under section
7015 of this Act or under section 634A of the Foreign
Assistance Act of 1961, and shall be submitted not later
than September 1, 2020: Provided further, That any
notification submitted pursuant to such section shall
include any funds specifically intended for lethal military
equipment.
(3) L
IMITATION
.—None of the funds appropriated by this
Act may be made available for the ISF or the LAF if the
ISF or the LAF is controlled by a foreign terrorist organization,
as designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(f) L
IBYA
.—
(1) A
SSISTANCE
.—Funds appropriated under titles III and
IV of this Act shall be made available for stabilization assist-
ance for Libya, including support for a United Nations-facili-
tated political process and border security: Provided, That the
limitation on the uses of funds for certain infrastructure
projects in section 7041(f)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113–76) shall apply to such funds.
(2) C
ERTIFICATION
.—Prior to the initial obligation of funds
made available by this Act for assistance for Libya, the Sec-
retary of State shall certify and report to the Committees
on Appropriations that all practicable steps have been taken
to ensure that mechanisms are in place for monitoring, over-
sight, and control of such funds.
(g) M
OROCCO
.—
(1) A
VAILABILITY AND CONSULTATION REQUIREMENT
.—Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara: Provided, That not later
than 90 days after enactment of this Act and prior to the
obligation of such funds, the Secretary of State, in consultation
with the Administrator of the United States Agency for Inter-
national Development, shall consult with the Committees on
Appropriations on the proposed uses of such funds.
(2) F
OREIGN MILITARY FINANCING PROGRAM
.—Funds appro-
priated by this Act under the heading ‘‘Foreign Military
Financing Program’’ that are available for assistance for
Deadline.
Reports.
Applicability.
Notification.
Spend plan.
Deadline.
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133 STAT. 2889 PUBLIC LAW 116–94—DEC. 20, 2019
Morocco may only be used for the purposes requested in the
Congressional Budget Justification, Foreign Operations, Fiscal
Year 2017.
(h) S
AUDI
A
RABIA
.—
(1) I
NTERNATIONAL MILITARY EDUCATION AND TRAINING
.—
None of the funds appropriated by this Act under the heading
‘‘International Military Education and Training’’ may be made
available for assistance for the Government of Saudi Arabia.
(2) E
XPORT
-
IMPORT BANK
.—None of the funds appropriated
or otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs should be obligated or expended by the
Export-Import Bank of the United States to guarantee, insure,
or extend (or participate in the extension of) credit in connection
with the export of nuclear technology, equipment, fuel, mate-
rials, or other nuclear technology-related goods or services to
Saudi Arabia unless the Government of Saudi Arabia—
(A) has in effect a nuclear cooperation agreement
pursuant to section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153);
(B) has committed to renounce uranium enrichment
and reprocessing on its territory under that agreement;
and
(C) has signed and implemented an Additional Protocol
to its Comprehensive Safeguards Agreement with the Inter-
national Atomic Energy Agency.
(i) S
YRIA
.—
(1) N
ON
-
LETHAL ASSISTANCE
.—Of the funds appropriated
by this Act under the headings ‘‘Economic Support Fund’’,
‘‘International Narcotics Control and Law Enforcement’’, and
‘‘Peacekeeping Operations’’, not less than $40,000,000 shall be
made available, notwithstanding any other provision of law,
for non-lethal stabilization assistance for Syria, of which not
less than $7,000,000 shall be made available for emergency
medical and rescue response and chemical weapons use inves-
tigations.
(2) L
IMITATIONS
.—Funds made available pursuant to para-
graph (1) of this subsection—
(A) may not be made available for a project or activity
that supports or otherwise legitimizes the Government of
Iran, foreign terrorist organizations (as designated pursu-
ant to section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189)), or a proxy of Iran in Syria;
(B) may not be made available for activities that fur-
ther the strategic objectives of the Government of the Rus-
sian Federation that the Secretary of State determines
may threaten or undermine United States national security
interests; and
(C) should not be used in areas of Syria controlled
by a government led by Bashar al-Assad or associated
forces.
(3) M
ONITORING AND OVERSIGHT
.—Prior to the obligation
of any funds appropriated by this Act and made available
for assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria.
Bashar al-Assad.
Russia.
Determination.
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133 STAT. 2890 PUBLIC LAW 116–94—DEC. 20, 2019
(4) C
ONSULTATION AND NOTIFICATION
.—Funds made avail-
able pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(j) T
UNISIA
.—
(1) A
SSISTANCE APPROPRIATED BY THIS ACT
.—Of the funds
appropriated under titles III and IV of this Act, not less than
$191,400,000 shall be made available for assistance for Tunisia.
(2) A
SSISTANCE APPROPRIATED BY PRIOR ACTS
.—Of the funds
appropriated under the heading ‘‘Economic Support Fund’’ in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, not less than
$50,000,000 shall be made available for assistance for Tunisia:
Provided, That such funds are in addition to amounts otherwise
made available for such purposes.
(k) W
EST
B
ANK AND
G
AZA
.—
(1) R
EPORT ON ASSISTANCE
.—Prior to the initial obligation
of funds made available by this Act under the heading ‘‘Eco-
nomic Support Fund’’ for assistance for the West Bank and
Gaza, the Secretary of State shall report to the Committees
on Appropriations that the purpose of such assistance is to—
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) L
IMITATIONS
.—
(A)(i) None of the funds appropriated under the
heading ‘‘Economic Support Fund’’ in this Act may be made
available for assistance for the Palestinian Authority, if
after the date of enactment of this Act—
(I) the Palestinians obtain the same standing as
member states or full membership as a state in the
United Nations or any specialized agency thereof out-
side an agreement negotiated between Israel and the
Palestinians; or
(II) the Palestinians initiate an International
Criminal Court (ICC) judicially authorized investiga-
tion, or actively support such an investigation, that
subjects Israeli nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the restriction
in clause (i) of this subparagraph resulting from the
application of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do
so is in the national security interest of the United States,
and submits a report to such Committees detailing how
the waiver and the continuation of assistance would assist
in furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100–204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of
the Senate, and the appropriate congressional committees
President.
Determination.
Waiver authority.
Certification.
Reports.
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133 STAT. 2891 PUBLIC LAW 116–94—DEC. 20, 2019
that the Palestinians have not, after the date of enactment
of this Act—
(I) obtained in the United Nations or any special-
ized agency thereof the same standing as member
states or full membership as a state outside an agree-
ment negotiated between Israel and the Palestinians;
and
(II) initiated or actively supported an ICC inves-
tigation against Israeli nationals for alleged crimes
against Palestinians.
(ii) Not less than 90 days after the President is unable
to make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of
Public Law 100–204 if the President determines and cer-
tifies in writing to the Speaker of the House of Representa-
tives, the President pro tempore of the Senate, and the
Committees on Appropriations that the Palestinians have
entered into direct and meaningful negotiations with Israel:
Provided, That any waiver of the provisions of section
1003 of Public Law 100–204 under clause (i) of this
subparagraph or under previous provisions of law must
expire before the waiver under the preceding sentence may
be exercised.
(iii) Any waiver pursuant to this subparagraph shall
be effective for no more than a period of 6 months at
a time and shall not apply beyond 12 months after the
enactment of this Act.
(3) R
EDUCTION
.—The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ‘‘Economic Support Fund’’ for the Palestinian Authority
by an amount the Secretary determines is equivalent to the
amount expended by the Palestinian Authority, the Palestine
Liberation Organization, and any successor or affiliated
organizations with such entities as payments for acts of ter-
rorism by individuals who are imprisoned after being fairly
tried and convicted for acts of terrorism and by individuals
who died committing acts of terrorism during the previous
calendar year: Provided, That the Secretary shall report to
the Committees on Appropriations on the amount reduced for
fiscal year 2020 prior to the obligation of funds for the Pales-
tinian Authority.
(4) P
RIVATE SECTOR PARTNERSHIP PROGRAMS
.—Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for private sector partnership
programs for the West Bank and Gaza if such funds are author-
ized: Provided, That funds made available pursuant to this
paragraph shall be subject to prior consultation with the appro-
priate congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(5) S
ECURITY REPORT
.—The reporting requirements in sec-
tion 1404 of the Supplemental Appropriations Act, 2008 (Public
Law 110–252) shall apply to funds made available by this
Act, including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) I
NCITEMENT REPORT
.—Not later than 90 days after
enactment of this Act, the Secretary of State shall submit
Applicability.
Consultation.
Notification.
Reports.
Determination.
Time period.
Deadline.
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133 STAT. 2892 PUBLIC LAW 116–94—DEC. 20, 2019
a report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter incitement
of violence against Israelis and to promote peace and coexist-
ence with Israel.
(l) Y
EMEN
.—Funds appropriated under title III of this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be made available
for stabilization assistance for Yemen.
AFRICA
S
EC
. 7042. (a) A
FRICAN
G
REAT
L
AKES
R
EGION
A
SSISTANCE
R
ESTRICTION
.—Funds appropriated by this Act under the heading
‘‘International Military Education and Training’’ for the central
government of a country in the African Great Lakes region may
be made available only for Expanded International Military Edu-
cation and Training and professional military education until the
Secretary of State determines and reports to the Committees on
Appropriations that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring country,
including aiding and abetting armed groups.
(b) C
AMEROON
.—Funds appropriated under title IV of this Act
that are made available for assistance for the armed forces of
Cameroon, including the Rapid Intervention Battalion, may only
be made available to counter regional terrorism, including Boko
Haram and other Islamic State affiliates, participate in inter-
national peacekeeping operations, and for military education and
maritime security programs.
(c) C
ENTRAL
A
FRICAN
R
EPUBLIC
.—Of the funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’, not less
than $3,000,000 shall be made available for a contribution to the
Special Criminal Court in Central African Republic.
(d) D
EMOCRATIC
R
EPUBLIC OF THE
C
ONGO
.—Funds appropriated
by this Act under titles III and IV shall be made available for
assistance for the Democratic Republic of the Congo for stabiliza-
tion, global health, and bilateral economic assistance, including
in areas affected by, and at risk from, the Ebola virus disease.
(e) L
AKE
C
HAD
B
ASIN
C
OUNTRIES
.—Funds appropriated under
titles III and IV of this Act shall be made available, following
consultation with the Committees on Appropriations, for assistance
for Cameroon, Chad, Niger, and Nigeria for—
(1) democracy, development, and health programs;
(2) assistance for individuals targeted by foreign terrorist
and other extremist organizations, including Boko Haram, con-
sistent with the provisions of section 7059 of this Act;
(3) assistance for individuals displaced by violent conflict;
and
(4) counterterrorism programs.
(f) M
ALAWI
.—Of the funds appropriated by this Act under the
heading ‘‘Development Assistance’’, not less than $60,000,000 shall
be made available for assistance for Malawi, of which up to
$10,000,000 shall be made available for higher education programs.
(g) S
AHEL
S
TABILIZATION AND
S
ECURITY
.—Funds appropriated
under titles III and IV of this Act shall be made available for
stabilization, health, development, and security programs in the
countries of the Sahel region.
(h) S
OUTH
S
UDAN
.—
Boko Haram.
Boko Haram.
Determination.
Reports.
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133 STAT. 2893 PUBLIC LAW 116–94—DEC. 20, 2019
(1) A
SSISTANCE
.—Of the funds appropriated under title III
of this Act that are made available for assistance for South
Sudan, not less than $15,000,000 shall be made available for
democracy programs and not less than $8,000,000 shall be
made available for conflict mitigation and reconciliation pro-
grams.
(2) L
IMITATION ON ASSISTANCE FOR THE CENTRAL GOVERN
-
MENT
.—Funds appropriated by this Act that are made available
for assistance for the central Government of South Sudan may
only be made available, following consultation with the Commit-
tees on Appropriations, for—
(A) humanitarian assistance;
(B) health programs, including to prevent, detect, and
respond to the Ebola virus disease;
(C) assistance to support South Sudan peace negotia-
tions or to advance or implement a peace agreement; and
(D) assistance to support implementation of out-
standing issues of the Comprehensive Peace Agreement
and mutual arrangements related to such agreement:
Provided, That prior to the initial obligation of funds made available
pursuant to subparagraphs (C) and (D), the Secretary of State
shall consult with the Committees on Appropriations on the
intended uses of such funds and steps taken by such government
to advance or implement a peace agreement.
(i) S
UDAN
.—
(1) L
IMITATIONS ON ASSISTANCE AND LOANS
.—(A) Notwith-
standing any other provision of law, none of the funds appro-
priated by this Act may be made available for assistance for
the Government of Sudan.
(B) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(2) E
XCLUSIONS
.—The limitations of paragraph (1) shall
not apply to—
(A) humanitarian assistance;
(B) assistance for democracy, health, agriculture, eco-
nomic growth, and education programs;
(C) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and popu-
lations in Sudan, and Abyei; and
(D) assistance to support implementation of out-
standing issues of the Comprehensive Peace Agreement,
mutual arrangements related to post-referendum issues
associated with such Agreement, or any other viable peace
agreement in Sudan.
(3) C
ONSULTATION
.—Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made avail-
able for any new program or activity in Sudan shall be subject
to prior consultation with the appropriate congressional
committees.
(j) Z
IMBABWE
.—
Certifications.
Reports.
22 USC 2151
note.
Consultation.
Consultation.
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133 STAT. 2894 PUBLIC LAW 116–94—DEC. 20, 2019
(1) I
NSTRUCTION
.—The Secretary of the Treasury shall
instruct the United States executive director of each inter-
national financial institution to vote against any extension
by the respective institution of any loan or grant to the Govern-
ment of Zimbabwe, except to meet basic human needs or to
promote democracy, unless the Secretary of State certifies and
reports to the Committees on Appropriations that the rule
of law has been restored, including respect for ownership and
title to property, and freedoms of expression, association, and
assembly.
(2) L
IMITATION
.—None of the funds appropriated by this
Act shall be made available for assistance for the central
Government of Zimbabwe, except for health and education,
unless the Secretary of State certifies and reports as required
in paragraph (1).
EAST ASIA AND THE PACIFIC
S
EC
. 7043. (a) B
URMA
.—
(1) B
ILATERAL ECONOMIC ASSISTANCE
.—(A) Of the funds
appropriated under title III of this Act, not less than
$131,450,000 shall be made available for assistance for Burma:
Provided, That such funds may be made available notwith-
standing any other provision of law and following consultation
with the appropriate congressional committees: Provided fur-
ther, That such funds shall be made available for programs
to promote ethnic and religious tolerance and to combat gender-
based violence, including in Kachin, Karen, Rakhine, and Shan
states: Provided further, That such funds may be made avail-
able for ethnic groups and civil society in Burma to help sustain
ceasefire agreements and further prospects for reconciliation
and peace, which may include support to representatives of
ethnic armed groups for this purpose.
(B) Funds appropriated under title III of this Act for assist-
ance for Burma shall be made available for community-based
organizations operating in Thailand to provide food, medical,
and other humanitarian assistance to internally displaced per-
sons in eastern Burma, in addition to assistance for Burmese
refugees from funds appropriated by this Act under the heading
‘‘Migration and Refugee Assistance’’: Provided, That such funds
may be available for programs to support the return of Kachin,
Karen, Rohingya, Shan, and other refugees and internally dis-
placed persons to their locations of origin or preference in
Burma only if such returns are voluntary and consistent with
international law.
(C) Funds appropriated under title III of this Act for assist-
ance for Burma that are made available for assistance for
the Government of Burma to support the implementation of
Nationwide Ceasefire Agreement conferences, committees, and
other procedures may only be made available if the Secretary
of State reports to the Committees on Appropriations that
such conferences, committees, and procedures are directed
toward a sustainable peace and the Government of Burma
is implementing its commitments under such Agreement.
Reports.
Consultation.
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133 STAT. 2895 PUBLIC LAW 116–94—DEC. 20, 2019
(2) I
NTERNATIONAL SECURITY ASSISTANCE
.—None of the
funds appropriated by this Act under the headings ‘‘Inter-
national Military Education and Training’’ and ‘‘Foreign Mili-
tary Financing Program’’ may be made available for assistance
for Burma: Provided, That the Department of State may con-
tinue consultations with the armed forces of Burma only on
human rights and disaster response in a manner consistent
with the prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) L
IMITATIONS
.—None of the funds appropriated under
title III of this Act for assistance for Burma may be made
available to any organization or entity controlled by the armed
forces of Burma, or to any individual or organization that
advocates violence against ethnic or religious groups or individ-
uals in Burma, as determined by the Secretary of State for
programs administered by the Department of State and USAID
or the President of the National Endowment for Democracy
(NED) for programs administered by NED.
(4) C
ONSULTATION
.—Any new program or activity in Burma
initiated in fiscal year 2020 shall be subject to prior consultation
with the appropriate congressional committees.
(b) C
AMBODIA
.—
(1) A
SSISTANCE
.—Of the funds appropriated under title III
of this Act, not less than $82,505,000 shall be made available
for assistance for Cambodia.
(2) C
ERTIFICATION AND EXCEPTIONS
.—
(A) C
ERTIFICATION
.—None of the funds appropriated
by this Act that are made available for assistance for
the Government of Cambodia may be obligated or expended
unless the Secretary of State certifies and reports to the
Committees on Appropriations that such Government is
taking effective steps to—
(i) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanc-
tions with respect to North Korea;
(ii) assert its sovereignty against interference by
the People’s Republic of China, including by verifiably
maintaining the neutrality of Ream Naval Base, other
military installations in Cambodia, and dual use facili-
ties such as the Dara Sakor development project; and
(iii) respect the rights, freedoms, and responsibil-
ities enshrined in the Constitution of the Kingdom
of Cambodia as enacted in 1993.
(B) E
XCEPTIONS
.—The certification required by
subparagraph (A) shall not apply to funds appropriated
by this Act and made available for democracy, health,
education, and environment programs, programs to
strengthen the sovereignty of Cambodia, and programs to
educate and inform the people of Cambodia of the influence
efforts of the People’s Republic of China in Cambodia.
(3) U
SES OF FUNDS
.—Funds appropriated under title III
of this Act for assistance for Cambodia shall be made available
for—
(A) research and education programs associated with
the Khmer Rouge in Cambodia; and
Reports.
Consultations.
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133 STAT. 2896 PUBLIC LAW 116–94—DEC. 20, 2019
(B) programs in the Khmer language to monitor, map,
and publicize the efforts by the People’s Republic of China
to expand its influence in Cambodia, including in
Sihanoukville, Bavet, Poipet, Koh Kong, and areas bor-
dering Vietnam.
(c) I
NDO
-P
ACIFIC
S
TRATEGY AND THE
A
SIA
R
EASSURANCE
I
NITIA
-
TIVE
A
CT OF
2018.—
(1) A
SSISTANCE
.—Of the funds appropriated under titles
III and IV of this Act, not less than $1,482,000,000 shall be
made available to support the implementation of the Indo-
Pacific Strategy and the Asia Reassurance Initiative Act of
2018 (Public Law 115–409).
(2) C
OUNTERING CHINESE INFLUENCE FUND
.—Of the funds
appropriated by this Act under the headings ‘‘Development
Assistance’’, ‘‘Economic Support Fund’’, ‘‘International Narcotics
Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-ter-
rorism, Demining and Related Programs’’, and ‘‘Foreign Mili-
tary Financing Program’’, not less than $300,000,000 shall be
made available for a Countering Chinese Influence Fund to
counter the influence of the People’s Republic of China globally,
which shall be subject to prior consultation with the Commit-
tees on Appropriations: Provided, That such funds are in addi-
tion to amounts otherwise made available for such purposes:
Provided further, That such funds appropriated under such
headings may be transferred to, and merged with, funds appro-
priated under such headings: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by this Act or any other Act, and is subject to the
regular notification procedures of the Committees on Appropria-
tions.
(3) R
ESTRICTION ON USES OF FUNDS
.—None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity
that directly supports or promotes—
(A) the Belt and Road Initiative or any dual-use infra-
structure projects of the People’s Republic of China; and
(B) the use of technology, including biotechnology, dig-
ital, telecommunications, and cyber, developed by the Peo-
ple’s Republic of China unless the Secretary of State, in
consultation with the USAID Administrator and the Chief
Executive Officer of the United States International
Development Finance Corporation, as appropriate, deter-
mines that such use does not adversely impact the national
security of the United States.
(d) L
AOS
.—Of the funds appropriated under title III of this
Act, not less than $34,280,000 shall be made available for assistance
for Laos.
(e) N
ORTH
K
OREA
.—
(1) C
YBERSECURITY
.—None of the funds appropriated by
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be made
available for assistance for the central government of a country
the Secretary of State determines and reports to the appropriate
congressional committees engages in significant transactions
contributing materially to the malicious cyber-intrusion
capabilities of the Government of North Korea: Provided, That
Reports.
Determination.
Reports.
Consultation.
Determination.
Notification.
Consultation.
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133 STAT. 2897 PUBLIC LAW 116–94—DEC. 20, 2019
the Secretary of State shall submit the report required by
section 209 of the North Korea Sanctions and Policy Enhance-
ment Act of 2016 (Public Law 114–122; 22 U.S.C. 9229) to
the Committees on Appropriations: Provided further, That the
Secretary of State may waive the application of the restriction
in this paragraph with respect to assistance for the central
government of a country if the Secretary determines and reports
to the appropriate congressional committees that to do so is
important to the national security interest of the United States,
including a description of such interest served.
(2) B
ROADCASTS
.—Funds appropriated by this Act under
the heading ‘‘International Broadcasting Operations’’ shall be
made available to maintain broadcasting hours into North
Korea at levels not less than the prior fiscal year.
(3) H
UMAN RIGHTS PROMOTION AND LIMITATION ON USE
OF FUNDS
.—(A) Funds appropriated by this Act under the
headings ‘‘Economic Support Fund’’ and ‘‘Democracy Fund’’
shall be made available for the promotion of human rights
in North Korea: Provided, That the authority of section
7032(b)(1) of this Act shall apply to such funds.
(B) None of the funds made available by this Act under
the heading ‘‘Economic Support Fund’’ may be made available
for assistance for the Government of North Korea.
(f) P
EOPLE
’
S
R
EPUBLIC OF
C
HINA
.—
(1) L
IMITATION ON USE OF FUNDS
.—None of the funds appro-
priated under the heading ‘‘Diplomatic Programs’’ in this Act
may be obligated or expended for processing licenses for the
export of satellites of United States origin (including commer-
cial satellites and satellite components) to the People’s Republic
of China (PRC) unless, at least 15 days in advance, the Commit-
tees on Appropriations are notified of such proposed action.
(2) P
EOPLE
’
S LIBERATION ARMY
.—The terms and require-
ments of section 620(h) of the Foreign Assistance Act of 1961
shall apply to foreign assistance projects or activities of the
People’s Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or controlled
by, or an affiliate of, the PLA: Provided, That none of the
funds appropriated or otherwise made available pursuant to
this Act may be used to finance any grant, contract, or coopera-
tive agreement with the PLA, or any entity that the Secretary
of State has reason to believe is owned or controlled by, or
an affiliate of, the PLA.
(3) U
NITED STATES
-
CHINA FRIENDSHIP VOLUNTEER PRO
-
GRAM
.—Not later than 90 days after enactment of this Act
and following consultation with the heads of other relevant
Federal agencies, the Director of the Peace Corps shall submit
a report to the appropriate congressional committees on the
United States-China Friendship Volunteer Program, including
a description of program coordination, implementation, and
oversight, and the goals and objectives served: Provided, That
the Director shall also consult with the Committees on Appro-
priations on such report.
(4) H
ONG KONG
.—
(A) D
EMOCRACY PROGRAMS
.—Of the funds appropriated
by this Act under the heading ‘‘Democracy Fund’’ for the
Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor, Department of
Consultation.
Reports.
Applicability.
Deadline.
Notification.
Applicability.
Waiver authority.
Determination.
Reports.
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133 STAT. 2898 PUBLIC LAW 116–94—DEC. 20, 2019
State, not less than $1,500,000 shall be made available
for democracy programs for Hong Kong, including legal
and other support for democracy activists.
(B) R
EPORT
.—Funds appropriated under title I of this
Act shall be made available to prepare and submit to
Congress the report required by section 301 of the United
States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731),
which shall also include a description of—
(i) efforts by the Hong Kong authorities and the
Government of the People’s Republic of China to pre-
vent free assembly and communications by the people
of Hong Kong;
(ii) the technical surveillance equipment and
methods used by the Hong Kong authorities and the
Government of the People’s Republic of China to mon-
itor the movement and communications of the Hong
Kong population;
(iii) the application of social and political control
tools developed by the Government of the People’s
Republic of China and used by such Government and
the Hong Kong authorities in Hong Kong;
(iv) the disinformation and political influence cam-
paigns conducted by the Government of the People’s
Republic of China in Hong Kong and overseas with
respect to the situation in Hong Kong; and
(v) the mission and activities of the People’s Armed
Police, the People’s Liberation Army, the Ministries
of Public Security and State Security in Beijing, the
Government of the People’s Republic of China, and
other Chinese security forces in Hong Kong, including
their respective roles in human rights abuses against
the people of Hong Kong.
(g) P
HILIPPINES
.—None of the funds appropriated by this Act
under the heading ‘‘International Narcotics Control and Law
Enforcement’’ may be made available for counternarcotics assistance
for the Philippines, except for drug demand reduction, maritime
law enforcement, or transnational interdiction.
(h) T
IBET
.—
(1) F
INANCING OF PROJECTS IN TIBET
.—The Secretary of
the Treasury should instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject
to effective monitoring.
(2) P
ROGRAMS FOR TIBETAN COMMUNITIES
.—(A) Notwith-
standing any other provision of law, of the funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’, not
less than $8,000,000 shall be made available to nongovern-
mental organizations to support activities which preserve cul-
tural traditions and promote sustainable development, edu-
cation, and environmental conservation in Tibetan communities
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133 STAT. 2899 PUBLIC LAW 116–94—DEC. 20, 2019
in the Tibet Autonomous Region and in other Tibetan commu-
nities in China.
(B) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’, not less than $6,000,000 shall be
made available for programs to promote and preserve Tibetan
culture and language in the refugee and diaspora Tibetan
communities, development, and the resilience of Tibetan
communities and the Central Tibetan Administration in India
and Nepal, and to assist in the education and development
of the next generation of Tibetan leaders from such commu-
nities: Provided, That such funds are in addition to amounts
made available in subparagraph (A) for programs inside Tibet.
(C) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’, not less than $3,000,000 shall be
made available for programs to strengthen the capacity of the
Central Tibetan Administration: Provided, That such funds
shall be administered by the United States Agency for Inter-
national Development.
(i) V
IETNAM
.—Of the funds appropriated under titles III and
IV of this Act, not less than $159,634,000 shall be made available
for assistance for Vietnam, of which not less than—
(1) $13,000,000 shall be made available for health and
disability programs in areas sprayed with Agent Orange and
contaminated with dioxin, to assist individuals with severe
upper or lower body mobility impairment or cognitive or
developmental disabilities;
(2) $20,000,000 shall be made available, notwithstanding
any other provision of law, for activities related to the remedi-
ation of dioxin contaminated sites in Vietnam and may be
made available for assistance for the Government of Vietnam,
including the military, for such purposes; and
(3) $1,500,000 shall be made available for a war legacy
reconciliation program.
SOUTH AND CENTRAL ASIA
S
EC
. 7044. (a) A
FGHANISTAN
.—
(1) F
UNDING AND LIMITATIONS
.—Funds appropriated by this
Act under the headings ‘‘Economic Support Fund’’ and ‘‘Inter-
national Narcotics Control and Law Enforcement’’ that are
made available for assistance for Afghanistan—
(A) shall be made available to implement the South
Asia Strategy, the Revised Strategy for United States
Engagement in Afghanistan, and the United States Agency
for International Development Country Development
Cooperation Strategy for Afghanistan;
(B) shall be made available to continue support for
institutions of higher education in Kabul, Afghanistan that
are accessible to both women and men in a coeducational
environment, including for the costs for operations and
security for such institutions;
(C) shall be made available for programs that protect
and strengthen the rights of Afghan women and girls and
promote the political and economic empowerment of women
including their meaningful inclusion in political processes:
Provided, That such assistance to promote the economic
empowerment of women shall be made available as grants
Grants.
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133 STAT. 2900 PUBLIC LAW 116–94—DEC. 20, 2019
to Afghan organizations, to the maximum extent prac-
ticable; and
(D) may not be made available for any program, project,
or activity pursuant to section 7044(a)(1)(C) of the Depart-
ment of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116–
6).
(2) A
FGHAN WOMEN
.—
(A) I
N GENERAL
.—The Secretary of State shall promote
the meaningful participation of Afghan women in ongoing
peace and reconciliation processes in Afghanistan in a
manner consistent with the Women, Peace, and Security
Act of 2017 (Public Law 115–68), including advocacy for
the inclusion of Afghan women leaders in ongoing and
future dialogue and negotiations and efforts to ensure that
any peace agreement reached with the Taliban protects
the rights of women and girls and ensures their freedom
of movement, rights to education and work, and access
to healthcare and legal representation.
(B) A
SSISTANCE
.—Funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ‘‘Economic Support Fund’’ shall be made available
for an endowment pursuant to paragraph (3)(A)(iv) of this
subsection for an institution of higher education in Kabul,
Afghanistan that is accessible to both women and men
in a coeducational environment: Provided, That such
endowment shall be established in partnership with a
United States-based American higher education institution
that will serve on its board of trustees: Provided further,
That prior to the obligation of funds for such an endow-
ment, the Administrator of the United States Agency for
International Development shall submit a report to the
Committees on Appropriations describing the governance
structure, including a proposed board of trustees, and finan-
cial safeguards, including regular audit and reporting
requirements, in any endowment agreement: Provided fur-
ther, That the USAID Administrator shall provide a report
on the expenditure of funds generated from such an endow-
ment to the Committees on Appropriations on an annual
basis.
(3) A
UTHORITIES
.—
(A) Funds appropriated by this Act under titles III
through VI that are made available for assistance for
Afghanistan may be made available—
(i) notwithstanding section 7012 of this Act or
any similar provision of law and section 660 of the
Foreign Assistance Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the
Government of Afghanistan, including in accordance
with section 7046(a)(2)(B)(ii) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112–
74);
Reports.
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133 STAT. 2901 PUBLIC LAW 116–94—DEC. 20, 2019
(iii) for an endowment to empower women and
girls; and
(iv) for an endowment for higher education.
(B) Section 7046(a)(2)(A) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2012 (division I of Public Law 112–74) shall apply
to funds appropriated by this Act for assistance for Afghani-
stan.
(C) Of the funds appropriated by this Act under the
heading ‘‘Diplomatic Programs’’, up to $3,000,000 may be
transferred to any other appropriation of any department
or agency of the United States Government, upon the
concurrence of the head of such department or agency,
to support operations in, and assistance for, Afghanistan
and to carry out the provisions of the Foreign Assistance
Act of 1961: Provided, That any such transfer shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(4) A
GREEMENT AND CERTIFICATION
.—Funds appropriated
by this Act shall be made available for the following purposes—
(A) the submission to the appropriate congressional
committees by the President of a copy of any agreement
or arrangement between the Government of the United
States and the Taliban relating to the United States pres-
ence in Afghanistan or Taliban commitments on the future
of Afghanistan, which shall be submitted not later than
30 days after finalizing such an agreement or arrangement;
and
(B) the submission to the appropriate congressional
committees of a joint certification by the Secretary of State
and Secretary of Defense that such agreement or arrange-
ment will further the objective of setting conditions for
the long-term defeat of al Qaeda and Islamic State and
will not make the United States more vulnerable to ter-
rorist attacks originating from Afghanistan or supported
by terrorist elements in Afghanistan.
(5) B
ASING RIGHTS AGREEMENT
.—None of the funds made
available by this Act may be used by the United States Govern-
ment to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) B
ANGLADESH
.—Of the funds appropriated under titles III
and IV of this Act, not less than $198,323,000 shall be made
available for assistance for Bangladesh, of which—
(1) not less than $23,500,000 shall be made available to
address the needs of communities impacted by refugees from
Burma;
(2) not less than $10,000,000 shall be made available for
programs to protect freedom of expression and due process
of law; and
(3) not less than $23,300,000 shall be made available for
democracy programs, of which not less than $2,000,000 shall
be made available for such programs for the Rohingya commu-
nity in Bangladesh.
(c) N
EPAL
.—
(1) A
SSISTANCE
.—Of the funds appropriated under titles
III and IV of this Act, not less than $130,265,000 shall be
President.
Records.
Deadline.
Notification.
Applicability.
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133 STAT. 2902 PUBLIC LAW 116–94—DEC. 20, 2019
made available for assistance for Nepal, including for earth-
quake recovery and reconstruction programs and democracy
programs.
(2) F
OREIGN MILITARY FINANCING PROGRAM
.—Funds appro-
priated by this Act under the heading ‘‘Foreign Military
Financing Program’’ shall only be made available for humani-
tarian and disaster relief and reconstruction activities in Nepal,
and in support of international peacekeeping operations: Pro-
vided, That such funds may only be made available for any
additional uses if the Secretary of State certifies and reports
to the Committees on Appropriations that the Government
of Nepal is investigating and prosecuting violations of human
rights and the laws of war, and the Nepal Army is cooperating
fully with civilian judicial authorities in such cases.
(d) P
AKISTAN
.—
(1) T
ERMS AND CONDITIONS
.—The terms and conditions of
section 7044(c) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F
of Public Law 116–6) shall continue in effect during fiscal
year 2020.
(2) A
SSISTANCE
.—Of the funds appropriated under title III
of this Act that are made available for assistance for Pakistan,
not less than $15,000,000 shall be made available for democracy
programs and not less than $10,000,000 shall be made available
for gender programs.
(e) S
RI
L
ANKA
.—
(1) A
SSISTANCE
.—Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly
in areas recovering from ethnic and religious conflict: Provided,
That such funds shall be made available for programs to assist
in the identification and resolution of cases of missing persons.
(2) C
ERTIFICATION
.—Funds appropriated by this Act for
assistance for the central Government of Sri Lanka, except
for funds made available for humanitarian assistance, victims
of trauma, and technical assistance to promote fiscal trans-
parency and sovereignty, may be made available only if the
Secretary of State certifies and reports to the Committees on
Appropriations that such Government is taking effective and
consistent steps to—
(A) respect and uphold the rights and freedoms of
the people of Sri Lanka regardless of ethnicity and religious
belief, including by investigating violations of human rights
and holding perpetrators of such violations accountable;
(B) assert its sovereignty against interference by the
People’s Republic of China; and
(C) promote reconciliation between ethnic and religious
groups arising from past conflict in Sri Lanka, including
by addressing land confiscation and ownership issues,
resolving cases of missing persons, and reducing the pres-
ence of the armed forces in former conflict zones.
(3) I
NTERNATIONAL SECURITY ASSISTANCE
.—Of the funds
appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’, not to exceed $500,000 may be made
available for assistance for Sri Lanka: Provided, That such
funds may be made available only for programs to support
Human rights.
Reports.
Extension.
Certification.
Reports.
Human rights.
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133 STAT. 2903 PUBLIC LAW 116–94—DEC. 20, 2019
humanitarian and disaster response preparedness and mari-
time security, including professionalization and training for
the navy and coast guard: Provided further, That funds made
available under the heading ‘‘Peacekeeping Operations’’ may
only be made available subject to the regular notification proce-
dures of the Committees on Appropriations.
(f) R
EGIONAL
P
ROGRAMS
.—Funds appropriated by this Act shall
be made available for assistance for Afghanistan, Pakistan, and
other countries in South and Central Asia to significantly increase
the recruitment, training, and retention of women in the judiciary,
police, and other security forces, and to train judicial and security
personnel in such countries to prevent and address gender-based
violence, human trafficking, and other practices that disproportion-
ately harm women and girls.
LATIN AMERICA AND THE CARIBBEAN
S
EC
. 7045. (a) C
ENTRAL
A
MERICA
.—
(1) A
SSISTANCE
.—
(A) F
ISCAL YEAR 2020
.—Of the funds appropriated by
this Act under titles III and IV, not less than $519,885,000
should be made available for assistance for Belize, Costa
Rica, El Salvador, Guatemala, Honduras, Nicaragua, and
Panama, including through the Central America Regional
Security Initiative: Provided, That such assistance shall
be prioritized for programs and activities that addresses
the key factors that contribute to the migration of unaccom-
panied, undocumented minors to the United States and
such funds shall be made available for global health,
humanitarian, development, democracy, border security,
and law enforcement programs for such countries, including
for programs to reduce violence against women and girls
and to combat corruption, and for support of commissions
against corruption and impunity, as appropriate: Provided
further, That not less than $45,000,000 shall be for support
of offices of Attorneys General and of other entities and
activities to combat corruption and impunity in such coun-
tries.
(B) F
ISCAL YEAR 2019
.—Of the funds appropriated under
titles III and IV of the Department of State, Foreign Oper-
ations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116–6), not less than $527,600,000
should be made available for assistance for Belize, Costa
Rica, El Salvador, Guatemala, Honduras, Nicaragua, and
Panama, including through the Central America Regional
Security Initiative: Provided, That such funds shall be
made available subject to the conditions in paragraph (2)
of this subsection and notwithstanding paragraphs (1) and
(2) of section 7045(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116–6).
(2) N
ORTHERN TRIANGLE
.—
(A) L
IMITATION ON ASSISTANCE TO CERTAIN CENTRAL
GOVERNMENTS
.—Of the funds made available pursuant to
paragraph (1) under the heading ‘‘Economic Support Fund’’
and under title IV of this Act that are made available
for assistance for each of the central governments of El
Certification.
Reports.
Priority.
Notification.
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133 STAT. 2904 PUBLIC LAW 116–94—DEC. 20, 2019
Salvador, Guatemala, and Honduras, 50 percent may only
be obligated after the Secretary of State certifies and
reports to the appropriate congressional committees that
such government is—
(i) combating corruption and impunity, including
prosecuting corrupt government officials;
(ii) implementing reforms, policies, and programs
to increase transparency and strengthen public institu-
tions;
(iii) protecting the rights of civil society, opposition
political parties, and the independence of the media;
(iv) providing effective and accountable law
enforcement and security for its citizens, and upholding
due process of law;
(v) implementing policies to reduce poverty and
promote equitable economic growth and opportunity;
(vi) supporting the independence of the judiciary
and of electoral institutions;
(vii) improving border security;
(viii) combating human smuggling and trafficking
and countering the activities of criminal gangs, drug
traffickers, and transnational criminal organizations;
and
(ix) informing its citizens of the dangers of the
journey to the southwest border of the United States.
(B) R
EPROGRAMMING
.—If the Secretary is unable to
make the certification required by subparagraph (A) for
one or more of the governments, such assistance for such
central government shall be reprogrammed for assistance
for other countries in Latin America and the Caribbean,
notwithstanding the minimum funding requirements of this
subsection and of section 7019 of this Act: Provided, That
any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropria-
tions.
(C) E
XCEPTIONS
.—The limitation of subparagraph (A)
shall not apply to funds appropriated by this Act that
are made available for—
(i) the Mission to Support the Fight Against
Corruption and Impunity in Honduras, the Inter-
national Commission Against Impunity in El Salvador,
and support of offices of Attorneys General and of
other entities and activities related to combating
corruption and impunity;
(ii) programs to combat gender-based violence;
(iii) humanitarian assistance; and
(iv) food security programs.
(b) C
OLOMBIA
.—
(1) A
SSISTANCE
.—Of the funds appropriated by this Act
under titles III and IV, not less than $448,253,000 shall be
made available for assistance for Colombia: Provided, That
such funds shall be made available for the programs and activi-
ties described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) W
ITHHOLDING OF FUNDS
.—
Certification.
Reports.
Notification.
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133 STAT. 2905 PUBLIC LAW 116–94—DEC. 20, 2019
(A) C
OUNTERNARCOTICS
.—Of the funds appropriated by
this Act under the heading ‘‘International Narcotics Control
and Law Enforcement’’ and made available for assistance
for Colombia, 20 percent may be obligated only after the
Secretary of State certifies and reports to the Committees
on Appropriations that the Government of Colombia is
continuing to implement a national whole-of-government
counternarcotics strategy intended to reduce by 50 percent
cocaine production and coca cultivation levels in Colombia
by 2023.
(B) H
UMAN RIGHTS
.—Of the funds appropriated by this
Act under the heading ‘‘Foreign Military Financing Pro-
gram’’ and made available for assistance for Colombia,
20 percent may be obligated only after the Secretary of
State certifies and reports to the Committees on Appropria-
tions that—
(i) the Special Jurisdiction for Peace and other
judicial authorities are taking effective steps to hold
accountable perpetrators of gross violations of human
rights in a manner consistent with international law,
including for command responsibility, and sentence
them to deprivation of liberty;
(ii) the Government of Colombia is taking effective
steps to prevent attacks against human rights
defenders and other civil society activists, trade union-
ists, and journalists, and judicial authorities are pros-
ecuting those responsible for such attacks; and
(iii) senior military officers responsible for
ordering, committing, and covering up cases of false
positives are being held accountable, including removal
from active duty if found guilty through criminal or
disciplinary proceedings.
(3) E
XCEPTIONS
.—The limitations of paragraph (2) shall
not apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) A
UTHORITY
.—Aircraft supported by funds appropriated
by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
and made available for assistance for Colombia may be used
to transport personnel and supplies involved in drug eradication
and interdiction, including security for such activities, and to
provide transport in support of alternative development pro-
grams and investigations by civilian judicial authorities.
(5) L
IMITATION
.—None of the funds appropriated by this
Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs that are
made available for assistance for Colombia may be made avail-
able for payment of reparations to conflict victims or compensa-
tion to demobilized combatants associated with a peace agree-
ment between the Government of Colombia and illegal armed
groups.
(c) H
AITI
.—
(1) C
ERTIFICATION
.—Funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’ that are made available
for assistance for Haiti may not be made available for assistance
for the central Government of Haiti unless the Secretary of
State certifies and reports to the Committees on Appropriations
Reports.
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133 STAT. 2906 PUBLIC LAW 116–94—DEC. 20, 2019
that such government is taking effective steps, which are steps
taken since the certification and report submitted during the
prior year, if applicable, to—
(A) strengthen the rule of law in Haiti, including by—
(i) selecting judges in a transparent manner based
on merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the judiciary;
and
(iv) improving governance by implementing
reforms to increase transparency and accountability,
including through the penal and criminal codes;
(B) combat corruption, including by implementing the
anti-corruption law enacted in 2014 and prosecuting cor-
rupt officials;
(C) increase government revenues, including by imple-
menting tax reforms, and increasing expenditures on public
services; and
(D) resolve commercial disputes between United States
entities and the Government of Haiti.
(2) H
AITIAN COAST GUARD
.—The Government of Haiti shall
be eligible to purchase defense articles and services under
the Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
(3) L
IMITATION
.—None of the funds made available by this
Act may be used to provide assistance to the armed forces
of Haiti.
(d) T
HE
C
ARIBBEAN
.—Of the funds appropriated by this Act
under titles III and IV, not less than $60,000,000 shall be made
available for the Caribbean Basin Security Initiative.
(e) V
ENEZUELA
.—
(1) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’, not less than $30,000,000 shall be
made available for democracy programs for Venezuela.
(2) Funds appropriated under title III of this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be made avail-
able for assistance for communities in countries supporting
or otherwise impacted by refugees from Venezuela, including
Colombia, Peru, Ecuador, Curacao, and Trinidad and Tobago:
Provided, That such amounts are in addition to funds otherwise
made available for assistance for such countries, subject to
prior consultation with, and the regular notification procedures
of, the Committees on Appropriations.
EUROPE AND EURASIA
S
EC
. 7046. (a) A
SSISTANCE
.—
(1) G
EORGIA
.—Of the funds appropriated by this Act under
titles III and IV, not less than $132,025,000 shall be made
available for assistance for Georgia.
(2) U
KRAINE
.—Of the funds appropriated by this Act under
titles III and IV, not less than $448,000,000 shall be made
available for assistance for Ukraine.
(b) L
IMITATION
.—None of the funds appropriated by this Act
may be made available for assistance for a government of an Inde-
pendent State of the former Soviet Union if such government directs
Consultation.
Notification.
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133 STAT. 2907 PUBLIC LAW 116–94—DEC. 20, 2019
any action in violation of the territorial integrity or national sov-
ereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Pro-
vided, That except as otherwise provided in section 7047(a) of
this Act, funds may be made available without regard to the restric-
tion in this subsection if the President determines that to do so
is in the national security interest of the United States: Provided
further, That prior to executing the authority contained in the
previous proviso, the Secretary of State shall consult with the
Committees on Appropriations on how such assistance supports
the national security interest of the United States.
(c) S
ECTION
907
OF THE
F
REEDOM
S
UPPORT
A
CT
.—Section 907
of the FREEDOM Support Act (22 U.S.C. 5812 note) shall not
apply to—
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.)
and section 1424 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation
assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within
his or her official capacity;
(4) any insurance, reinsurance, guarantee, or other assist-
ance provided by the United States International Development
Finance Corporation as authorized by the BUILD Act of 2018
(division F of Public Law 115–254);
(5) any financing provided under the Export-Import Bank
Act of 1945 (Public Law 79–173); or
(6) humanitarian assistance.
(d) T
URKEY
.—None of the funds made available by this Act
may be used to facilitate or support the sale of defense articles
or defense services to the Turkish Presidential Protection Direc-
torate (TPPD) under Chapter 2 of the Arms Export Control Act
(22 U.S.C. 2761 et seq.) unless the Secretary of State determines
and reports to the appropriate congressional committees that mem-
bers of the TPPD that are named in the July 17, 2017, indictment
by the Superior Court of the District of Columbia, and against
whom there are pending charges, have returned to the United
States to stand trial in connection with the offenses contained
in such indictment or have otherwise been brought to justice: Pro-
vided, That the limitation in this paragraph shall not apply to
the use of funds made available by this Act for border security
purposes, for North Atlantic Treaty Organization or coalition oper-
ations, or to enhance the protection of United States officials and
facilities in Turkey.
COUNTERING RUSSIAN INFLUENCE AND AGGRESSION
S
EC
. 7047. (a) L
IMITATION
.—None of the funds appropriated
by this Act may be made available for assistance for the central
Government of the Russian Federation.
(b) A
NNEXATION OF
C
RIMEA
.—
Determination.
Reports.
Consultation.
President.
Determination.
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133 STAT. 2908 PUBLIC LAW 116–94—DEC. 20, 2019
(1) P
ROHIBITION
.—None of the funds appropriated by this
Act may be made available for assistance for the central govern-
ment of a country that the Secretary of State determines and
reports to the Committees on Appropriations has taken affirma-
tive steps intended to support or be supportive of the Russian
Federation annexation of Crimea or other territory in Ukraine:
Provided, That except as otherwise provided in subsection (a),
the Secretary may waive the restriction on assistance required
by this paragraph if the Secretary determines and reports
to such Committees that to do so is in the national interest
of the United States, and includes a justification for such
interest.
(2) L
IMITATION
.—None of the funds appropriated by this
Act may be made available for—
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other terri-
tory in Ukraine under the control of Russian-backed sepa-
ratists, if such activity includes the participation of Russian
Government officials, or other Russian owned or controlled
financial entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of Russian-backed separatists, if such
assistance includes the participation of Russian Govern-
ment officials, or other Russian owned or controlled finan-
cial entities.
(3) I
NTERNATIONAL FINANCIAL INSTITUTIONS
.—The Sec-
retary of the Treasury shall instruct the United States executive
directors of each international financial institution to use the
voice and vote of the United States to oppose any assistance
by such institution (including any loan, credit, or guarantee)
for any program that violates the sovereignty or territorial
integrity of Ukraine.
(4) D
URATION
.—The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of State
determines and reports to the Committees on Appropriations
that the Government of Ukraine has reestablished sovereignty
over Crimea and other territory in Ukraine under the control
of Russian-backed separatists.
(c) O
CCUPATION OF THE
G
EORGIAN
T
ERRITORIES OF
A
BKHAZIA
AND
T
SKHINVALI
R
EGION
/S
OUTH
O
SSETIA
.—
(1) P
ROHIBITION
.—None of the funds appropriated by this
Act may be made available for assistance for the central govern-
ment of a country that the Secretary of State determines and
reports to the Committees on Appropriations has recognized
the independence of, or has established diplomatic relations
with, the Russian Federation occupied Georgian territories of
Abkhazia and Tskhinvali Region/South Ossetia: Provided, That
the Secretary shall publish on the Department of State website
a list of any such central governments in a timely manner:
Provided further, That the Secretary may waive the restriction
on assistance required by this paragraph if the Secretary deter-
mines and reports to the Committees on Appropriations that
to do so is in the national interest of the United States, and
includes a justification for such interest.
Waiver authority.
Determination.
Reports.
Web posting.
Lists.
Determination.
Reports.
Determination.
Reports.
Waiver authority.
Determination.
Reports.
Determination.
Reports.
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133 STAT. 2909 PUBLIC LAW 116–94—DEC. 20, 2019
(2) L
IMITATION
.—None of the funds appropriated by this
Act may be made available to support the Russian Federation
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) I
NTERNATIONAL FINANCIAL INSTITUTIONS
.—The Sec-
retary of the Treasury shall instruct the United States executive
directors of each international financial institution to use the
voice and vote of the United States to oppose any assistance
by such institution (including any loan, credit, or guarantee)
for any program that violates the sovereignty and territorial
integrity of Georgia.
(d) C
OUNTERING
R
USSIAN
I
NFLUENCE
F
UND
.—
(1) A
SSISTANCE
.—Of the funds appropriated by this Act
under the headings ‘‘Assistance for Europe, Eurasia and Central
Asia’’, ‘‘International Narcotics Control and Law Enforcement’’,
‘‘International Military Education and Training’’, and ‘‘Foreign
Military Financing Program’’, not less than $290,000,000 shall
be made available to carry out the purposes of the Countering
Russian Influence Fund, as authorized by section 254 of the
Countering Russian Influence in Europe and Eurasia Act of
2017 (Public Law 115–44; 22 U.S.C. 9543) and notwithstanding
the country limitation in subsection (b) of such section, and
programs to enhance the capacity of law enforcement and secu-
rity forces in countries in Europe, Eurasia, and Central Asia
and strengthen security cooperation between such countries
and the United States and the North Atlantic Treaty Organiza-
tion, as appropriate.
(2) E
CONOMICS AND TRADE
.—Funds appropriated by this
Act and made available for assistance for the Eastern Partner-
ship countries shall be made available to advance the
implementation of Association Agreements and trade agree-
ments with the European Union, and to reduce their vulner-
ability to external economic and political pressure from the
Russian Federation.
(e) D
EMOCRACY
P
ROGRAMS
.—Funds appropriated by this Act
shall be made available to support democracy programs in the
Russian Federation and other countries in Europe, Eurasia, and
Central Asia, including to promote Internet freedom: Provided, That
not later than 90 days after enactment of this Act, the Secretary
of State, in consultation with the Administrator of the United
States Agency for International Development, shall submit to the
appropriate congressional committees a comprehensive, multiyear
strategy for the promotion of democracy in such countries.
UNITED NATIONS
S
EC
. 7048. (a) T
RANSPARENCY AND
A
CCOUNTABILITY
.—
(1) W
ITHHOLDING OF FUNDS
.—Of the funds appropriated
under the heading ‘‘Contributions to International Organiza-
tions’’ in title I and ‘‘International Organizations and Programs’’
in title V of this Act that are available for contributions to
the United Nations (including the Department of Peacekeeping
Operations), any United Nations agency, or the Organization
of American States, 15 percent may not be obligated for such
organization, department, or agency until the Secretary of State
determines and reports to the Committees on Appropriations
that the organization, department, or agency is—
Determination.
Reports.
Deadline.
Consultation.
Strategy.
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133 STAT. 2910 PUBLIC LAW 116–94—DEC. 20, 2019
(A) posting on a publicly available website, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department,
or agency, and providing the United States Government
with necessary access to such financial and performance
audits;
(B) effectively implementing and enforcing policies and
procedures which meet or exceed best practices in the
United States for the protection of whistleblowers from
retaliation, including—
(i) protection against retaliation for internal and
lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to binding independent adjudicative
bodies, including shared cost and selection external
arbitration; and
(v) results that eliminate the effects of proven
retaliation, including provision for the restoration of
prior employment; and
(C) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first class and business class travel.
(2) W
AIVER
.—The restrictions imposed by or pursuant to
paragraph (1) may be waived on a case- by-case basis if the
Secretary of State determines and reports to the Committees
on Appropriations that such waiver is necessary to avert or
respond to a humanitarian crisis.
(b) R
ESTRICTIONS ON
U
NITED
N
ATIONS
D
ELEGATIONS AND
O
RGANIZATIONS
.—
(1) R
ESTRICTIONS ON UNITED STATES DELEGATIONS
.—None
of the funds made available by this Act may be used to pay
expenses for any United States delegation to any specialized
agency, body, or commission of the United Nations if such
agency, body, or commission is chaired or presided over by
a country, the government of which the Secretary of State
has determined, for purposes of section 1754(c) of the Export
Reform Control Act of 2018 (50 U.S.C. 4813(c)), supports inter-
national terrorism.
(2) R
ESTRICTIONS ON CONTRIBUTIONS
.—None of the funds
made available by this Act may be used by the Secretary
of State as a contribution to any organization, agency, commis-
sion, or program within the United Nations system if such
organization, agency, commission, or program is chaired or
presided over by a country the government of which the Sec-
retary of State has determined, for purposes of section 620A
of the Foreign Assistance Act of 1961, section 40 of the Arms
Export Control Act, section 1754(c) of the Export Reform Con-
trol Act of 2018 (50 U.S.C. 4813(c)), or any other provision
of law, is a government that has repeatedly provided support
for acts of international terrorism.
(3) W
AIVER
.—The Secretary of State may waive the restric-
tion in this subsection if the Secretary determines and reports
to the Committees on Appropriations that to do so is important
to the national interest of the United States, including a
description of the national interest served.
Determination.
Reports.
Terrorism.
Determination.
Reports.
Public
information.
Web posting.
Audits.
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133 STAT. 2911 PUBLIC LAW 116–94—DEC. 20, 2019
(c) U
NITED
N
ATIONS
H
UMAN
R
IGHTS
C
OUNCIL
.—None of the
funds appropriated by this Act may be made available in support
of the United Nations Human Rights Council unless the Secretary
of State determines and reports to the Committees on Appropria-
tions that participation in the Council is important to the national
interest of the United States and that such Council is taking signifi-
cant steps to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council: Provided,
That such report shall include a description of the national interest
served and the steps taken to remove Israel as a permanent agenda
item and ensure integrity in the election of members to such
Council: Provided further, That the Secretary of State shall report
to the Committees on Appropriations not later than September
30, 2020, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council.
(d) U
NITED
N
ATIONS
R
ELIEF AND
W
ORKS
A
GENCY
.—Prior to
the initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), the Secretary of State shall report to
the Committees on Appropriations, in writing, on whether UNRWA
is—
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA installa-
tions and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on neutrality
and impartiality of employees) and the legal requirements
under section 301(c) of the Foreign Assistance Act of 1961;
(3) implementing procedures to maintain the neutrality
of its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate pur-
poses;
(4) taking necessary and appropriate measures to ensure
it is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it
has taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools
and summer camps is consistent with the values of human
rights, dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of
the organization; and
(7) in compliance with the United Nations Board of Audi-
tors’ biennial audit requirements and is implementing in a
timely fashion the Board’s recommendations.
(e) P
ROHIBITION OF
P
AYMENTS TO
U
NITED
N
ATIONS
M
EMBERS
.—
None of the funds appropriated or made available pursuant to
titles III through VI of this Act for carrying out the Foreign Assist-
ance Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out chapter
1 of part I of the Foreign Assistance Act of 1961, the costs for
Compliance.
Reports.
Time period.
Determination.
Reports.
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133 STAT. 2912 PUBLIC LAW 116–94—DEC. 20, 2019
participation of another country’s delegation at international con-
ferences held under the auspices of multilateral or international
organizations.
(f) R
EPORT
.—Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations detailing the amount of funds available for obliga-
tion or expenditure in fiscal year 2020 for contributions to any
organization, department, agency, or program within the United
Nations system or any international program that are withheld
from obligation or expenditure due to any provision of law: Provided,
That the Secretary shall update such report each time additional
funds are withheld by operation of any provision of law: Provided
further, That the reprogramming of any withheld funds identified
in such report, including updates thereof, shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(g) S
EXUAL
E
XPLOITATION AND
A
BUSE IN
P
EACEKEEPING
O
PER
-
ATIONS
.—The Secretary of State should withhold assistance to any
unit of the security forces of a foreign country if the Secretary
has credible information that such unit has engaged in sexual
exploitation or abuse, including while serving in a United Nations
peacekeeping operation, until the Secretary determines that the
government of such country is taking effective steps to hold the
responsible members of such unit accountable and to prevent future
incidents: Provided, That the Secretary shall promptly notify the
government of each country subject to any withholding of assistance
pursuant to this paragraph, and shall notify the appropriate
congressional committees of such withholding not later than 10
days after a determination to withhold such assistance is made:
Provided further, That the Secretary shall, to the maximum extent
practicable, assist such government in bringing the responsible
members of such unit to justice.
(h) A
DDITIONAL
A
VAILABILITY
.—Subject to the regular notifica-
tion procedures of the Committees on Appropriations, funds appro-
priated by this Act which are returned or not made available
due to the implementation of subsection (a), the third proviso under
the heading ‘‘Contributions for International Peacekeeping Activi-
ties’’ in title I of this Act, or section 307(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227(a)), shall remain available for obligation
until September 30, 2021: Provided, That the requirement to with-
hold funds for programs in Burma under section 307(a) of the
Foreign Assistance Act of 1961 shall not apply to funds appropriated
by this Act.
(i) N
ATIONAL
S
ECURITY
I
NTEREST
W
ITHHOLDING
.—
(1) W
ITHHOLDING
.—The Secretary of State shall withhold
5 percent of the funds appropriated by this Act under the
heading ‘‘Contributions to International Organizations’’ for a
specialized agency or other entity of the United Nations if
the Secretary, in consultation with the United States Ambas-
sador to the United Nations, determines and reports to the
Committees on Appropriations that such agency or entity has
taken an official action that is against the national security
interest of the United States or an ally of the United States,
including Israel.
(2) R
ELEASE OF FUNDS
.—The Secretary of State, in con-
sultation with the United States Ambassador to the United
Nations, may release funds withheld pursuant to paragraph
Consultations.
Determinations.
Reports.
Notification.
Notifications.
Deadline.
Determination.
Consultation.
Notification.
Updates.
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133 STAT. 2913 PUBLIC LAW 116–94—DEC. 20, 2019
(1) if the Secretary determines and reports to the Committees
on Appropriations that such agency or entity is taking steps
to address the action that resulted in the withholding of such
funds.
(3) R
EPROGRAMMING
.—Should the Secretary of State be
unable to make a determination pursuant to paragraph (2)
regarding the release of withheld funds, such funds may be
reprogrammed for other purposes under the heading ‘‘Contribu-
tions to International Organizations’’.
(4) W
AIVER
.—The Secretary of State, following consultation
with the Committees on Appropriations, may waive the require-
ments of this subsection if the Secretary determines that to
do so in the national interest.
WAR CRIMES TRIBUNALS
S
EC
. 7049. (a) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or
other violations of international humanitarian law, the President
may direct a drawdown pursuant to section 552(c) of the Foreign
Assistance Act of 1961 of up to $30,000,000 of commodities and
services for the United Nations War Crimes Tribunal established
with regard to the former Yugoslavia by the United Nations Security
Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall
be in lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available pursuant to
this section shall be made available subject to the regular notifica-
tion procedures of the Committees on Appropriations.
(b) None of the funds appropriated by this Act may be made
available for a United States contribution to the International
Criminal Court: Provided, That funds may be made available for
technical assistance, training, assistance for victims, protection of
witnesses, and law enforcement support related to international
investigations, apprehensions, prosecutions, and adjudications of
genocide, crimes against humanity, and war crimes: Provided fur-
ther, That the previous proviso shall not apply to investigations,
apprehensions, or prosecutions of American service members and
other United States citizens or nationals, or nationals of the North
Atlantic Treaty Organization (NATO) or major non-NATO allies
initially designated pursuant to section 517(b) of the Foreign Assist-
ance Act of 1961.
GLOBAL INTERNET FREEDOM
S
EC
. 7050. (a) F
UNDING
.—Of the funds available for obligation
during fiscal year 2020 under the headings ‘‘International Broad-
casting Operations’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’,
and ‘‘Assistance for Europe, Eurasia and Central Asia’’, not less
than $65,500,000 shall be made available for programs to promote
Internet freedom globally: Provided, That such programs shall be
prioritized for countries whose governments restrict freedom of
expression on the Internet, and that are important to the national
interest of the United States: Provided further, That funds made
available pursuant to this section shall be matched, to the maximum
Notification.
President.
Determination.
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133 STAT. 2914 PUBLIC LAW 116–94—DEC. 20, 2019
extent practicable, by sources other than the United States Govern-
ment, including from the private sector.
(b) R
EQUIREMENTS
.—
(1) D
EPARTMENT OF STATE AND UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT
.—Funds appropriated by
this Act under the headings ‘‘Economic Support Fund’’, ‘‘Democ-
racy Fund’’, and ‘‘Assistance for Europe, Eurasia and Central
Asia’’ that are made available pursuant to subsection (a) shall
be—
(A) coordinated with other democracy programs funded
by this Act under such headings, and shall be incorporated
into country assistance and democracy promotion strate-
gies, as appropriate;
(B) for programs to implement the May 2011, Inter-
national Strategy for Cyberspace, the Department of State
International Cyberspace Policy Strategy required by sec-
tion 402 of the Cybersecurity Act of 2015 (division N of
Public Law 114–113), and the comprehensive strategy to
promote Internet freedom and access to information in
Iran, as required by section 414 of the Iran Threat Reduc-
tion and Syria Human Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of repres-
sive Internet-related laws and regulations, including coun-
tering threats to Internet freedom at international
organizations; to combat violence against bloggers and
other users; and to enhance digital security training and
capacity building for democracy activists;
(D) made available for research of key threats to Inter-
net freedom; the continued development of technologies
that provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and maintenance of the technological advan-
tage of the United States Government over such censorship
techniques: Provided, That the Secretary of State, in con-
sultation with the Chief Executive Officer (CEO) of the
United States Agency for Global Media (USAGM), shall
coordinate any such research and development programs
with other relevant United States Government depart-
ments and agencies in order to share information, tech-
nologies, and best practices, and to assess the effectiveness
of such technologies; and
(E) made available only after the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of
State, concurs that such funds are allocated consistent
with—
(i) the strategies referenced in subparagraph (B)
of this paragraph;
(ii) best practices regarding security for, and over-
sight of, Internet freedom programs; and
(iii) sufficient resources and support for the
development and maintenance of anti-censorship tech-
nology and tools.
(2) U
NITED STATES AGENCY FOR GLOBAL MEDIA
.—Funds
appropriated by this Act under the heading ‘‘International
Consultation.
Coordination.
Assessment.
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133 STAT. 2915 PUBLIC LAW 116–94—DEC. 20, 2019
Broadcasting Operations’’ that are made available pursuant
to subsection (a) shall be—
(A) made available only for tools and techniques to
securely develop and distribute USAGM digital content,
facilitate audience access to such content on websites that
are censored, coordinate the distribution of USAGM digital
content to targeted regional audiences, and to promote
and distribute such tools and techniques, including digital
security techniques;
(B) coordinated with programs funded by this Act
under the heading ‘‘International Broadcasting Oper-
ations’’, and shall be incorporated into country broadcasting
strategies, as appropriate;
(C) coordinated by the USAGM CEO to provide Inter-
net circumvention tools and techniques for audiences in
countries that are strategic priorities for the USAGM and
in a manner consistent with the USAGM Internet freedom
strategy; and
(D) made available for the research and development
of new tools or techniques authorized in subparagraph
(A) only after the USAGM CEO, in consultation with the
Secretary of State and other relevant United States Govern-
ment departments and agencies, evaluates the risks and
benefits of such new tools or techniques, and establishes
safeguards to minimize the use of such new tools or tech-
niques for illicit purposes.
(c) C
OORDINATION AND
S
PEND
P
LANS
.—After consultation
among the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after enactment
of this Act, the Secretary of State and the USAGM CEO shall
submit to the Committees on Appropriations spend plans for funds
made available by this Act for programs to promote Internet
freedom globally, which shall include a description of safeguards
established by relevant agencies to ensure that such programs
are not used for illicit purposes: Provided, That the Department
of State spend plan shall include funding for all such programs
for all relevant Department of State and the United States Agency
for International Development offices and bureaus.
(d) S
ECURITY
A
UDITS
.—Funds made available pursuant to this
section to promote Internet freedom globally may only be made
available to support technologies that undergo comprehensive secu-
rity audits conducted by the Bureau of Democracy, Human Rights,
and Labor, Department of State to ensure that such technology
is secure and has not been compromised in a manner detrimental
to the interest of the United States or to individuals and organiza-
tions benefiting from programs supported by such funds: Provided,
That the security auditing procedures used by such Bureau shall
be reviewed and updated periodically to reflect current industry
security standards.
(e) S
URGE
.—Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’, up to $2,500,000 may be made
available to surge Internet freedom programs in closed societies
if the Secretary of State determines and reports to the appropriate
congressional committees that such use of funds is in the national
interest: Provided, That such funds are in addition to amounts
made available for such purposes: Provided further, That such
funds may be transferred to, and merged with, funds appropriated
Consultation.
Notification.
Determination.
Reports.
Review.
Updates.
Consultation.
Deadline.
Consultation.
Evaluation.
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133 STAT. 2916 PUBLIC LAW 116–94—DEC. 20, 2019
by this Act under the heading ‘‘International Broadcasting Oper-
ations’’ following consultation with, and the regular notification
procedures of, the Committees on Appropriations.
TORTURE AND OTHER CRUEL
,
INHUMAN
,
OR DEGRADING TREATMENT
OR PUNISHMENT
S
EC
. 7051. (a) L
IMITATION
.—None of the funds made available
by this Act may be used to support or justify the use of torture
and other cruel, inhuman, or degrading treatment or punishment
by any official or contract employee of the United States Govern-
ment.
(b) A
SSISTANCE
.—Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section 660
of the Foreign Assistance Act of 1961 and following consultation
with the Committees on Appropriations, for assistance to eliminate
torture and other cruel, inhuman, or degrading treatment or punish-
ment by foreign police, military or other security forces in countries
receiving assistance from funds appropriated by this Act.
AIRCRAFT TRANSFER
,
COORDINATION
,
AND USE
S
EC
. 7052. (a) T
RANSFER
A
UTHORITY
.—Notwithstanding any
other provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related pro-
grams under the headings ‘‘Diplomatic Programs’’, ‘‘International
Narcotics Control and Law Enforcement’’, ‘‘Andean Counterdrug
Initiative’’, and ‘‘Andean Counterdrug Programs’’ may be used for
any other program and in any region.
(b) P
ROPERTY
D
ISPOSAL
.—The authority provided in subsection
(a) shall apply only after the Secretary of State determines and
reports to the Committees on Appropriations that the equipment
is no longer required to meet programmatic purposes in the des-
ignated country or region: Provided, That any such transfer shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) A
IRCRAFT
C
OORDINATION
.—
(1) A
UTHORITY
.—The uses of aircraft purchased or leased
by the Department of State and the United States Agency
for International Development with funds made available in
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That notwithstanding section 7063(b) of this
Act, such aircraft may be used to transport, on a reimbursable
or non-reimbursable basis, Federal and non-Federal personnel
supporting Department of State and USAID programs and
activities: Provided further, That official travel for other agen-
cies for other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a space
available basis: Provided further, That funds received by the
Department of State in connection with the use of aircraft
owned, leased, or chartered by the Department of State may
be credited to the Working Capital Fund of the Department
and shall be available for expenses related to the purchase,
lease, maintenance, chartering, or operation of such aircraft.
Consultation.
Notification.
Applicability.
Determination.
Reports.
Consultation.
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133 STAT. 2917 PUBLIC LAW 116–94—DEC. 20, 2019
(2) S
COPE
.—The requirement and authorities of this sub-
section shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) A
IRCRAFT
O
PERATIONS AND
M
AINTENANCE
.—To the max-
imum extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne by
the recipient country.
PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN
GOVERNMENTS
S
EC
. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111–117) shall
apply to this Act: Provided, That the date ‘‘September 30, 2009’’
in subsection (f)(2)(B) of such section shall be deemed to be ‘‘Sep-
tember 30, 2019’’.
INTERNATIONAL MONETARY FUND
S
EC
. 7054. (a) E
XTENSIONS
.—The terms and conditions of sec-
tions 7086(b) (1) and (2) and 7090(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111–117) shall apply to this Act.
(b) R
EPAYMENT
.—The Secretary of the Treasury shall instruct
the United States Executive Director of the International Monetary
Fund (IMF) to seek to ensure that any loan will be repaid to
the IMF before other private or multilateral creditors.
EXTRADITION
S
EC
. 7055. (a) L
IMITATION
.—None of the funds appropriated
in this Act may be used to provide assistance (other than funds
provided under the headings ‘‘International Disaster Assistance’’,
‘‘Complex Crises Fund’’, ‘‘International Narcotics Control and Law
Enforcement’’, ‘‘Migration and Refugee Assistance’’, ‘‘United States
Emergency Refugee and Migration Assistance Fund’’, and ‘‘Non-
proliferation, Anti-terrorism, Demining and Related Assistance’’)
for the central government of a country which has notified the
Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the max-
imum penalty is life imprisonment without the possibility of parole
or for killing a law enforcement officer, as specified in a United
States extradition request.
(b) C
LARIFICATION
.—Subsection (a) shall only apply to the cen-
tral government of a country with which the United States main-
tains diplomatic relations and with which the United States has
an extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) W
AIVER
.—The Secretary of State may waive the restriction
in subsection (a) on a case-by-case basis if the Secretary certifies
to the Committees on Appropriations that such waiver is important
to the national interest of the United States.
Certification.
Applicability.
Notification.
Applicability.
Applicability.
Applicability.
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133 STAT. 2918 PUBLIC LAW 116–94—DEC. 20, 2019
IMPACT ON JOBS IN THE UNITED STATES
S
EC
. 7056. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated
or expended to provide—
(1) any financial incentive to a business enterprise cur-
rently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if
such incentive or inducement is likely to reduce the number
of employees of such business enterprise in the United States
because United States production is being replaced by such
enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers’ rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act (19 U.S.C.
2467(4)(D) and (E)) should be commensurate with the level
of development of the recipient country and sector, and shall
not preclude assistance for the informal sector in such country,
micro and small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries
and adversely impacts the labor force in the United States;
or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to the Supplemental Guide-
lines for High Carbon Intensity Projects approved by the
Export-Import Bank of the United States on December 12,
2013, when enforcement of such rule, regulation, policy, or
guidelines would prohibit, or have the effect of prohibiting,
any coal-fired or other power-generation project the purpose
of which is to—
(A) provide affordable electricity in International
Development Association (IDA)-eligible countries and IDA-
blend countries; and
(B) increase exports of goods and services from the
United States or prevent the loss of jobs from the United
States.
UNITED NATIONS POPULATION FUND
S
EC
. 7057. (a) C
ONTRIBUTION
.—Of the funds made available
under the heading ‘‘International Organizations and Programs’’ in
this Act for fiscal year 2020, $32,500,000 shall be made available
for the United Nations Population Fund (UNFPA).
(b) A
VAILABILITY OF
F
UNDS
.—Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred to the
‘‘Global Health Programs’’ account and shall be made available
for family planning, maternal, and reproductive health activities,
subject to the regular notification procedures of the Committees
on Appropriations.
(c) P
ROHIBITION ON
U
SE OF
F
UNDS IN
C
HINA
.—None of the
funds made available by this Act may be used by UNFPA for
a country program in the People’s Republic of China.
Notification.
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133 STAT. 2919 PUBLIC LAW 116–94—DEC. 20, 2019
(d) C
ONDITIONS ON
A
VAILABILITY OF
F
UNDS
.—Funds made avail-
able by this Act for UNFPA may not be made available unless—
(1) UNFPA maintains funds made available by this Act
in an account separate from other accounts of UNFPA and
does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) R
EPORT TO
C
ONGRESS AND
D
OLLAR
-
FOR
-
DOLLAR
W
ITH
-
HOLDING OF
F
UNDS
.—
(1) Not later than 4 months after the date of enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations indicating the amount of
funds that UNFPA is budgeting for the year in which the
report is submitted for a country program in the People’s
Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People’s
Republic of China in the year covered by the report, then
the amount of such funds UNFPA plans to spend in the People’s
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
GLOBAL HEALTH ACTIVITIES
S
EC
. 7058. (a) I
N
G
ENERAL
.—Funds appropriated by titles III
and IV of this Act that are made available for bilateral assistance
for child survival activities or disease programs including activities
relating to research on, and the prevention, treatment and control
of, HIV/AIDS may be made available notwithstanding any other
provision of law except for provisions under the heading ‘‘Global
Health Programs’’ and the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the funds
appropriated under title III of this Act, not less than $575,000,000
should be made available for family planning/reproductive health,
including in areas where population growth threatens biodiversity
or endangered species.
(b) I
NFECTIOUS
D
ISEASE
O
UTBREAKS
.—
(1) E
XTRAORDINARY MEASURES
.—If the Secretary of State
determines and reports to the Committees on Appropriations
that an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency
of International Concern, funds appropriated by this Act under
the headings ‘‘Global Health Programs’’, ‘‘Development Assist-
ance’’, ‘‘International Disaster Assistance’’, ‘‘Complex Crises
Fund’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assist-
ance for Europe, Eurasia and Central Asia’’, ‘‘Migration and
Refugee Assistance’’, and ‘‘Millennium Challenge Corporation’’
may be made available to combat such infectious disease or
public health emergency, and may be transferred to, and
merged with, funds appropriated under such headings for the
purposes of this paragraph.
(2) E
MERGENCY RESERVE FUND
.—Up to $10,000,000 of the
funds made available under the heading ‘‘Global Health Pro-
grams’’ may be made available for the Emergency Reserve
Determination.
Reports.
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133 STAT. 2920 PUBLIC LAW 116–94—DEC. 20, 2019
Fund established pursuant to section 7058(c)(1) of the Depart-
ment of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115–31):
Provided, That such funds shall be made available under the
same terms and conditions of such section.
(3) E
BOLA VIRUS DISEASE
.—Funds appropriated by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ‘‘International Disaster Assistance’’ that are made
available to respond to the Ebola virus disease outbreak in
the Democratic Republic of the Congo, including in countries
affected by, or at risk of being affected by, such outbreak,
shall be the responsibility of the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID,
or successor official responsible for USAID Ebola response.
(4) C
ONSULTATION AND NOTIFICATION
.—Funds made avail-
able by this subsection shall be subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
GENDER EQUALITY
S
EC
. 7059. (a) W
OMEN
’
S
E
MPOWERMENT
.—
(1) G
ENDER EQUALITY
.—Funds appropriated by this Act
shall be made available to promote gender equality in United
States Government diplomatic and development efforts by
raising the status, increasing the participation, and protecting
the rights of women and girls worldwide.
(2) W
OMEN
’
S ECONOMIC EMPOWERMENT
.—Funds appro-
priated by this Act are available to implement the Women’s
Entrepreneurship and Economic Empowerment Act of 2018
(Public Law 115–428): Provided, That the Secretary of State
and the Administrator of the United States Agency for Inter-
national Development, as appropriate, shall consult with the
Committees on Appropriations on the implementation of such
Act.
(3) W
OMEN
’
S GLOBAL DEVELOPMENT AND PROSPERITY
FUND
.—Of the funds appropriated under title III of this Act,
up to $100,000,000 may be made available for the Women’s
Global Development and Prosperity Fund.
(b) W
OMEN
’
S
L
EADERSHIP
.—Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made available
for programs specifically designed to increase leadership opportuni-
ties for women in countries where women and girls suffer discrimi-
nation due to law, policy, or practice, by strengthening protections
for women’s political status, expanding women’s participation in
political parties and elections, and increasing women’s opportunities
for leadership positions in the public and private sectors at the
local, provincial, and national levels.
(c) G
ENDER
-B
ASED
V
IOLENCE
.—
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $165,000,000 shall be made available
to implement a multi-year strategy to prevent and respond
to gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this
Act that are available to train foreign police, judicial, and
Consultation.
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133 STAT. 2921 PUBLIC LAW 116–94—DEC. 20, 2019
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police
and other security forces.
(d) W
OMEN
, P
EACE
,
AND
S
ECURITY
.—Funds appropriated by
this Act under the headings ‘‘Development Assistance’’, ‘‘Economic
Support Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’,
and ‘‘International Narcotics Control and Law Enforcement’’ should
be made available to support a multi-year strategy to expand,
and improve coordination of, United States Government efforts
to empower women as equal partners in conflict prevention, peace
building, transitional processes, and reconstruction efforts in coun-
tries affected by conflict or in political transition, and to ensure
the equitable provision of relief and recovery assistance to women
and girls.
(e) W
OMEN AND
G
IRLS AT
R
ISK
F
ROM
E
XTREMISM AND
C
ON
-
FLICT
.—Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’, not less than $15,000,000 shall be made
available to support women and girls who are at risk from extre-
mism and conflict, and for the activities described in section
7059(e)(1) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2018 (division K of Public
Law 115–141): Provided, That such funds are in addition to amounts
otherwise made available by this Act for such purposes, and shall
be made available following consultation with, and the regular
notification procedures of, the Committees on Appropriations.
SECTOR ALLOCATIONS
S
EC
. 7060. (a) B
ASIC
E
DUCATION AND
H
IGHER
E
DUCATION
.—
(1) B
ASIC EDUCATION
.—(A) Of the funds appropriated under
title III of this Act, not less than $875,000,000 shall be made
available for assistance for basic education, and such funds
may be made available notwithstanding any other provision
of law that restricts assistance to foreign countries: Provided,
That such funds shall also be used for secondary education
activities: Provided further, That the Administrator of the
United States Agency for International Development, following
consultation with the Committees on Appropriations, may
reprogram such funds between countries: Provided further, That
funds made available under the headings ‘‘Development Assist-
ance’’ and ‘‘Economic Support Fund’’ for the support of non-
state schools in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs shall be subject to the regular notification procedures
of the Committees on Appropriations.
(B) Of the funds appropriated under title III of this
Act for assistance for basic education programs, not less
than $125,000,000 shall be made available for contributions
to multilateral partnerships that support education.
(2) H
IGHER EDUCATION
.—Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made avail-
able for assistance for higher education: Provided, That such
funds may be made available notwithstanding any other provi-
sion of law that restricts assistance to foreign countries, and
shall be subject to the regular notification procedures of the
Notification.
Notification.
Consultation.
Consultation.
Notification.
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133 STAT. 2922 PUBLIC LAW 116–94—DEC. 20, 2019
Committees on Appropriations: Provided further, That of such
amount, not less than $35,000,000 shall be made available
for new and ongoing partnerships between higher education
institutions in the United States and developing countries
focused on building the capacity of higher education institutions
and systems in developing countries: Provided further, That
not later than 45 days after enactment of this Act, the USAID
Administrator shall consult with the Committees on Appropria-
tions on the proposed uses of funds for such partnerships.
(b) D
EVELOPMENT
P
ROGRAMS
.—Of the funds appropriated by
this Act under the heading ‘‘Development Assistance’’, not less
than $17,000,000 shall be made available for cooperative develop-
ment programs of USAID and not less than $30,000,000 shall
be made available for the American Schools and Hospitals Abroad
program.
(c) E
NVIRONMENT
P
ROGRAMS
.—
(1)(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used, notwith-
standing any other provision of law, except for the provisions
of this subsection, to support environment programs.
(B) Funds made available pursuant to this subsection shall
be subject to the regular notification procedures of the Commit-
tees on Appropriations.
(2)(A) Of the funds appropriated under title III of this
Act, not less than $315,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $100,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching and
trafficking.
(C) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance
for any military unit or personnel that the Secretary of State
determines has been credibly alleged to have participated in
wildlife poaching or trafficking, unless the Secretary reports
to the appropriate congressional committees that to do so is
in the national security interest of the United States.
(D) Funds appropriated by this Act for biodiversity pro-
grams shall not be used to support the expansion of industrial
scale logging or any other industrial scale extractive activity
into areas that were primary/intact tropical forests as of
December 30, 2013, and the Secretary of the Treasury shall
instruct the United States executive directors of each inter-
national financial institutions (IFI) to use the voice and vote
of the United States to oppose any financing of any such
activity.
(3) The Secretary of the Treasury shall instruct the United
States executive director of each IFI that it is the policy of
the United States to use the voice and vote of the United
States, in relation to any loan, grant, strategy, or policy of
such institution, regarding the construction of any large dam
consistent with the criteria set forth in Senate Report 114–
79, while also considering whether the project involves impor-
tant foreign policy objectives.
Determination.
Reports.
Notification.
Deadline.
Consultation.
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133 STAT. 2923 PUBLIC LAW 116–94—DEC. 20, 2019
(4) Of the funds appropriated under title III of this Act,
not less than $135,000,000 shall be made available for sustain-
able landscapes programs.
(5) Of the funds appropriated under title III of this Act,
not less than $177,000,000 shall be made available for adapta-
tion programs.
(6) Of the funds appropriated under title III of this Act,
not less than $179,000,000 shall be made available for renew-
able energy programs.
(d) F
OOD
S
ECURITY AND
A
GRICULTURAL
D
EVELOPMENT
.—Of the
funds appropriated by title III of this Act, not less than
$1,005,600,000 shall be made available for food security and agricul-
tural development programs to carry out the purposes of the Global
Food Security Act of 2016 (Public Law 114–195): Provided, That
funds may be made available for a contribution as authorized
by section 3202 of the Food, Conservation, and Energy Act of
2008 (Public Law 110–246), as amended by section 3310 of the
Agriculture Improvement Act of 2018 (Public Law 115–334).
(e) M
ICRO
, S
MALL
,
AND
M
EDIUM
-S
IZED
E
NTERPRISES
.—Of the
funds appropriated by this Act, not less than $265,000,000 shall
be made available to support the development of, and access to
financing for, micro, small, and medium-sized enterprises that ben-
efit the poor, especially women.
(f) P
ROGRAMS
T
O
C
OMBAT
T
RAFFICKING IN
P
ERSONS
.—Of the
funds appropriated by this Act under the headings ‘‘Development
Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Europe, Eur-
asia and Central Asia’’, and ‘‘International Narcotics Control and
Law Enforcement’’, not less than $67,000,000 shall be made avail-
able for activities to combat trafficking in persons internationally,
of which not less than $45,000,000 shall be from funds made avail-
able under the heading ‘‘International Narcotics Control and Law
Enforcement’’: Provided, That funds appropriated by this Act that
are made available for programs to end modern slavery shall be
in addition to funds made available by this subsection to combat
trafficking in persons.
(g) R
ECONCILIATION
P
ROGRAMS
.—Of the funds appropriated by
this Act under the heading ‘‘Development Assistance’’, not less
than $30,000,000 shall be made available to support people-to-
people reconciliation programs which bring together individuals
of different ethnic, religious, and political backgrounds from areas
of civil strife and war, including between Israelis and Palestinians
living in the West Bank and Gaza: Provided, That the USAID
Administrator shall consult with the Committees on Appropriations,
prior to the initial obligation of funds, on the uses of such funds,
and such funds shall be subject to the regular notification proce-
dures of the Committees on Appropriations: Provided further, That
to the maximum extent practicable, such funds shall be matched
by sources other than the United States Government: Provided
further, That such funds shall be administered by the Office of
Conflict Management and Mitigation, USAID.
(h) W
ATER AND
S
ANITATION
.—Of the funds appropriated by
this Act, not less than $450,000,000 shall be made available for
water supply and sanitation projects pursuant to section 136 of
the Foreign Assistance Act of 1961, of which not less than
$225,000,000 shall be for programs in sub-Saharan Africa, and
of which not less than $15,000,000 shall be made available to
Consultation.
Notification.
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133 STAT. 2924 PUBLIC LAW 116–94—DEC. 20, 2019
support initiatives by local communities in developing countries
to build and maintain safe latrines.
BUDGET DOCUMENTS
S
EC
. 7061. (a) O
PERATING
P
LANS
.—Not later than 45 days after
enactment of this Act, each department, agency, or organization
funded in titles I, II, and VI of this Act, and the Department
of the Treasury and Independent Agencies funded in title III of
this Act, including the Inter-American Foundation and the United
States African Development Foundation, shall submit to the
Committees on Appropriations an operating plan for funds appro-
priated to such department, agency, or organization in such titles
of this Act, or funds otherwise available for obligation in fiscal
year 2020, that provides details of the uses of such funds at the
program, project, and activity level: Provided, That such plans
shall include, as applicable, a comparison between the congressional
budget justification funding levels, the most recent congressional
directives or approved funding levels, and the funding levels pro-
posed by the department or agency; and a clear, concise, and inform-
ative description/justification: Provided further, That operating
plans that include changes in levels of funding for programs,
projects, and activities specified in the congressional budget jus-
tification, in this Act, or amounts specifically designated in the
respective tables included in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), as applicable, shall be subject to the notification and re-
programming requirements of section 7015 of this Act.
(b) S
PEND
P
LANS
.—
(1) Not later than 90 days after enactment of this Act,
the Secretary of State or Administrator of the United States
Agency for International Development, as appropriate, shall
submit to the Committees on Appropriations a spend plan
for funds made available by this Act, for—
(A) assistance for Afghanistan, Iraq, Lebanon, Paki-
stan, Colombia, and countries in Central America;
(B) assistance made available pursuant to section
7047(d) of this Act to counter Russian influence and aggres-
sion, except that such plan shall be on a country-by-country
basis;
(C) assistance made available pursuant to section 7059
of this Act;
(D) the Indo-Pacific Strategy;
(E) democracy programs, Power Africa, and sectors
enumerated in subsections (a), (c), (d), (e), (f), (g) and
(h) of section 7060 of this Act;
(F) funds provided under the heading ‘‘International
Narcotics Control and Law Enforcement’’ for International
Organized Crime and for Cybercrime and Intellectual Prop-
erty Rights: Provided, That the spend plans shall include
bilateral and global programs funded under such heading
along with a brief description of the activities planned
for each country; and
(G) the regional security initiatives described under
this heading in Senate Report 116–126.
(2) Not later than 90 days after enactment of this Act,
the Secretary of the Treasury shall submit to the Committees
Notification.
Deadlines.
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133 STAT. 2925 PUBLIC LAW 116–94—DEC. 20, 2019
on Appropriations a detailed spend plan for funds made avail-
able by this Act under the heading ‘‘Department of the
Treasury, International Affairs Technical Assistance’’ in title
III.
(c) S
PENDING
R
EPORT
.—Not later than 45 days after enactment
of this Act, the USAID Administrator shall submit to the Commit-
tees on Appropriations a detailed report on spending of funds made
available during fiscal year 2019 under the heading ‘‘Development
Credit Authority’’.
(d) C
LARIFICATION
.—The spend plans referenced in subsection
(b) shall not be considered as meeting the notification requirements
in this Act or under section 634A of the Foreign Assistance Act
of 1961.
(e) C
ONGRESSIONAL
B
UDGET
J
USTIFICATION
.—
(1) S
UBMISSION
.—The congressional budget justification for
Department of State operations and foreign operations shall
be provided to the Committees on Appropriations concurrent
with the date of submission of the President’s budget for fiscal
year 2021: Provided, That the appendices for such justification
shall be provided to the Committees on Appropriations not
later than 10 calendar days thereafter.
(2) M
ULTI
-
YEAR AVAILABILITY OF CERTAIN FUNDS
.—The Sec-
retary of State and the USAID Administrator shall include
in the congressional budget justification a detailed justification
for multi-year availability for any funds requested under the
headings ‘‘Diplomatic Programs’’ and ‘‘Operating Expenses’’.
REORGANIZATION
S
EC
. 7062. (a) O
VERSIGHT
.—
(1) P
RIOR CONSULTATION AND NOTIFICATION
.—Funds appro-
priated by this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
or any other Act may not be used to implement a reorganiza-
tion, redesign, or other plan described in paragraph (2) by
the Department of State, the United States Agency for Inter-
national Development, or any other Federal department,
agency, or organization funded by this Act without prior con-
sultation by the head of such department, agency, or organiza-
tion with the appropriate congressional committees: Provided,
That such funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided fur-
ther, That any such notification submitted to such Committees
shall include a detailed justification for any proposed action,
including the information specified under section 7073 of the
joint explanatory statement accompanying the Department of
State, Foreign Operations, and Related Programs Appropria-
tions Act, 2019 (division F of Public Law 116–6): Provided
further, That congressional notifications submitted in prior
fiscal years pursuant to similar provisions of law in prior Acts
making appropriations for the Department of State, foreign
operations, and related programs may be deemed to meet the
notification requirements of this section.
(2) D
ESCRIPTION OF ACTIVITIES
.—Pursuant to paragraph
(1), a reorganization, redesign, or other plan shall include any
action to—
Notification.
Appendices.
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133 STAT. 2926 PUBLIC LAW 116–94—DEC. 20, 2019
(A) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus
and offices within or between such departments, agencies,
or organizations, including the transfer to other agencies
of the authorities and responsibilities of such bureaus and
offices;
(B) expand, eliminate, consolidate, or downsize the
United States official presence overseas, including at
bilateral, regional, and multilateral diplomatic facilities
and other platforms; or
(C) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and
locally employed staff workforce of the Department of State
and USAID from the levels specified in sections 7063(d)(1)
and 7064(i)(1) of this Act.
(b) A
DDITIONAL
R
EQUIREMENTS AND
L
IMITATIONS
.—
(1) USAID
REORGANIZATION
.—Not later than 30 days after
enactment of this Act, and quarterly thereafter until September
30, 2021, the USAID Administrator shall submit a report to
the appropriate congressional committees on the status of
USAID’s reorganization in the manner described in House
Report 116–78.
(2) B
UREAU OF POPULATION
,
REFUGEES
,
AND MIGRATION
,
DEPARTMENT OF STATE
.—None of the funds appropriated by
this Act, prior Acts making appropriations for the Department
of State, foreign operations, and related programs, or any other
Act may be used to downsize, downgrade, consolidate, close,
move, or relocate the Bureau of Population, Refugees, and
Migration, Department of State, or any activities of such
Bureau, to another Federal agency.
(3) A
DMINISTRATION OF FUNDS
.—Funds made available by
this Act—
(A) under the heading ‘‘Migration and Refugee Assist-
ance’’ shall be administered by the Assistant Secretary
for Population, Refugees, and Migration, Department of
State, and this responsibility shall not be delegated; and
(B) that are made available for the Office of Global
Women’s Issues shall be administered by the United States
Ambassador-at-Large for Global Women’s Issues, Depart-
ment of State, and this responsibility shall not be delegated.
DEPARTMENT OF STATE MANAGEMENT
S
EC
. 7063. (a) F
INANCIAL
S
YSTEMS
I
MPROVEMENT
.—Funds
appropriated by this Act for the operations of the Department
of State under the headings ‘‘Diplomatic Programs’’ and ‘‘Capital
Investment Fund’’ shall be made available to implement the rec-
ommendations contained in the Foreign Assistance Data Review
Findings Report (FADR) and the Office of Inspector General (OIG)
report entitled ‘‘Department Financial Systems Are Insufficient to
Track and Report on Foreign Assistance Funds’’: Provided, That
not later than 45 days after enactment of this Act, the Secretary
of State shall submit to the Committees on Appropriations an
update to the plan required under section 7006 of the Department
of State, Foreign Operations, and Related Programs Appropriations
Act, 2017 (division J of Public Law 115–31) for implementing the
FADR and OIG recommendations: Provided further, That such
Deadline.
Plan update.
Reports.
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133 STAT. 2927 PUBLIC LAW 116–94—DEC. 20, 2019
funds may not be obligated for enhancements to, or expansions
of, the Budget System Modernization Financial System, Central
Resource Management System, Joint Financial Management
System, or Foreign Assistance Coordination and Tracking System
until such updated plan is submitted to the Committees on Appro-
priations: Provided further, That such funds may not be obligated
for new, or expansion of existing, ad hoc electronic systems to
track commitments, obligations, or expenditures of funds unless
the Secretary of State, following consultation with the Chief
Information Officer of the Department of State, has reviewed and
certified that such new system or expansion is consistent with
the FADR and OIG recommendations.
(b) W
ORKING
C
APITAL
F
UND
.—Funds appropriated by this Act
or otherwise made available to the Department of State for pay-
ments to the Working Capital Fund may only be used for the
service centers included in the Congressional Budget Justification,
Department of State, Foreign Operations, and Related Programs,
Fiscal Year 2020: Provided, That the amounts for such service
centers shall be the amounts included in such budget justification,
except as provided in section 7015(b) of this Act: Provided further,
That Federal agency components shall be charged only for their
direct usage of each Working Capital Fund service: Provided further,
That prior to increasing the percentage charged to Department
of State bureaus and offices for procurement-related activities, the
Secretary of State shall include the proposed increase in the Depart-
ment of State budget justification or, at least 60 days prior to
the increase, provide the Committees on Appropriations a justifica-
tion for such increase, including a detailed assessment of the cost
and benefit of the services provided by the procurement fee: Pro-
vided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the purpose
and authorities of such components: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed
at rates which will return the full cost of each service.
(c) C
ERTIFICATION
.—
(1) C
OMPLIANCE
.—Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State
bureau or office with responsibility for the management and
oversight of such funds, the Secretary of State shall certify
and report to the Committees on Appropriations, on an indi-
vidual bureau or office basis, that such bureau or office is
in compliance with Department and Federal financial and
grants management policies, procedures, and regulations, as
applicable.
(2) C
ONSIDERATIONS
.—When making a certification
required by paragraph (1), the Secretary of State shall consider
the capacity of a bureau or office to—
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and moni-
toring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) P
LAN
.—If the Secretary of State is unable to make
a certification required by paragraph (1), the Secretary shall
Timeline.
Reports.
Deadline.
Assessment.
Consultation.
Review.
Certification.
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133 STAT. 2928 PUBLIC LAW 116–94—DEC. 20, 2019
submit a plan and timeline detailing the steps to be taken
to bring such bureau or office into compliance.
(d) P
ERSONNEL
L
EVELS
.—
(1) Funds made available by this Act are made available
to support the permanent Foreign Service and Civil Service
staff levels of the Department of State at not less than the
hiring targets established in the fiscal year 2019 operating
plan.
(2) Not later than 60 days after enactment of this Act,
and every 60 days thereafter until September 30, 2021, the
Secretary of State shall report to the appropriate congressional
committees on the on-board personnel levels, hiring, and attri-
tion of the Civil Service, Foreign Service, eligible family
member, and locally employed staff workforce of the Depart-
ment of State, on an operating unit-by-operating unit basis:
Provided, That such report shall also include a hiring plan,
including timelines, for maintaining the agency-wide, on-board
Foreign Service and Civil Service at not less than the levels
specified in paragraph (1).
(e) I
NFORMATION
T
ECHNOLOGY
P
LATFORM
.—
(1) None of the funds appropriated in title I of this Act
under the heading ‘‘Administration of Foreign Affairs’’ may
be made available for a new major information technology
(IT) investment without the concurrence of the Chief Informa-
tion Officer, Department of State.
(2) None of the funds made available by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be used by an
agency to submit a project proposal to the Technology Mod-
ernization Board for funding from the Technology Moderniza-
tion Fund unless, not later than 15 days in advance of submit-
ting the project proposal to the Board, the head of the agency—
(A) notifies the Committees on Appropriations of the
proposed submission of the project proposal; and
(B) submits to the Committees on Appropriations a
copy of the project proposal.
(3) None of the funds made available by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be used by an
agency to carry out a project that is approved by the Board
unless the head of the agency—
(A) submits to the Committees on Appropriations a
copy of the approved project proposal, including the terms
of reimbursement of funding received for the project; and
(B) agrees to submit to the Committees on Appropria-
tions a copy of each report relating to the project that
the head of the agency submits to the Board.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
MANAGEMENT
S
EC
. 7064. (a) A
UTHORITY
.—Up to $100,000,000 of the funds
made available in title III of this Act pursuant to or to carry
out the provisions of part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ‘‘Assistance for
Europe, Eurasia and Central Asia’’, may be used by the United
States Agency for International Development to hire and employ
22 USC 3948
note.
Reports.
Notification.
Deadline.
Records.
Hiring plan.
Timelines.
Reports.
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133 STAT. 2929 PUBLIC LAW 116–94—DEC. 20, 2019
individuals in the United States and overseas on a limited appoint-
ment basis pursuant to the authority of sections 308 and 309
of the Foreign Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) R
ESTRICTION
.—The authority to hire individuals contained
in subsection (a) shall expire on September 30, 2021.
(c) P
ROGRAM
A
CCOUNT
C
HARGED
.—The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which the responsibilities of
such individual primarily relate: Provided, That funds made avail-
able to carry out this section may be transferred to, and merged
with, funds appropriated by this Act in title II under the heading
‘‘Operating Expenses’’.
(d) F
OREIGN
S
ERVICE
L
IMITED
E
XTENSIONS
.—Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the authority
of section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949),
may be extended for a period of up to 4 years notwithstanding
the limitation set forth in such section.
(e) D
ISASTER
S
URGE
C
APACITY
.—Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading ‘‘Assistance
for Europe, Eurasia and Central Asia’’, may be used, in addition
to funds otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or employed
by USAID whose primary responsibility is to carry out programs
in response to natural disasters, or man-made disasters subject
to the regular notification procedures of the Committees on Appro-
priations.
(f) P
ERSONAL
S
ERVICES
C
ONTRACTORS
.—Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part II,
and section 667 of the Foreign Assistance Act of 1961, and title
II of the Food for Peace Act (Public Law 83–480; 7 U.S.C. 1721
et seq.), may be used by USAID to employ up to 40 personal
services contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed
by the agency until permanent direct hire personnel are hired
and trained: Provided, That not more than 15 of such contractors
shall be assigned to any bureau or office: Provided further, That
such funds appropriated to carry out title II of the Food for Peace
Act (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the
Office of Food for Peace.
(g) S
MALL
B
USINESS
.—In entering into multiple award indefi-
nite-quantity contracts with funds appropriated by this Act, USAID
may provide an exception to the fair opportunity process for placing
task orders under such contracts when the order is placed with
any category of small or small disadvantaged business.
(h) S
ENIOR
F
OREIGN
S
ERVICE
L
IMITED
A
PPOINTMENTS
.—Individ-
uals hired pursuant to the authority provided by section 7059(o)
of the Department of State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2010 (division F of Public Law 111–
117) may be assigned to or support programs in Afghanistan or
Pakistan with funds made available in this Act and prior Acts
making appropriations for the Department of State, foreign oper-
ations, and related programs.
22 USC 3948
note.
Expiration date.
22 USC 3948
note.
22 USC 3948
note.
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133 STAT. 2930 PUBLIC LAW 116–94—DEC. 20, 2019
(i) P
ERSONNEL
L
EVELS
.—
(1) Funds made available by this Act under the heading
‘‘Operating Expenses’’ are made available to support 1,850
permanent Foreign Service Officers and 1,600 permanent Civil
Service staff.
(2) Not later than 60 days after enactment of this Act,
and every 60 days thereafter until September 30, 2021, the
USAID Administrator shall report to the appropriate congres-
sional committees on the on-board personnel levels, hiring,
and attrition of the Civil Service, Foreign Service, and foreign
service national workforce of USAID, on an operating unit-
by-operating unit basis: Provided, That such report shall also
include a hiring plan, including timelines, for maintaining the
agency-wide, on-board Foreign Service Officers and Civil
Service staff at not less than the levels specified in paragraph
(1).
STABILIZATION AND DEVELOPMENT IN REGIONS IMPACTED BY
EXTREMISM AND CONFLICT
S
EC
. 7065. (a) R
ELIEF AND
R
ECOVERY
F
UND
.—
(1) F
UNDS AND TRANSFER AUTHORITY
.—Of the funds appro-
priated by this Act under the headings ‘‘Economic Support
Fund’’, ‘‘International Narcotics Control and Law Enforcement’’,
‘‘Nonproliferation, Anti-terrorism, Demining and Related Pro-
grams’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military
Financing Program’’, not less than $200,000,000 shall be made
available for the Relief and Recovery Fund for assistance for
areas liberated or at risk from, or under the control of, the
Islamic State of Iraq and Syria, other terrorist organizations,
or violent extremist organizations, including for stabilization
assistance for vulnerable ethnic and religious minority commu-
nities affected by conflict: Provided, That unless specifically
designated in this Act or in the explanatory statement described
in section 4 (in the matter preceding division A of this consoli-
dated Act) for assistance for countries, such funds are in addi-
tion to amounts otherwise made available for such purposes:
Provided further, That such funds appropriated under such
headings may be transferred to, and merged with, funds appro-
priated under such headings: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by this Act or any other Act, and is subject to the
regular notification procedures of the Committees on Appropria-
tions.
(2) T
RANSITIONAL JUSTICE
.—Of the funds appropriated by
this Act under the headings ‘‘Economic Support Fund’’ and
‘‘International Narcotics Control and Law Enforcement’’ that
are made available for the Relief and Recovery Fund, not less
than $10,000,000 shall be made available for programs to pro-
mote accountability for genocide, crimes against humanity, and
war crimes, including in Iraq and Syria, which shall be in
addition to any other funds made available by this Act for
such purposes: Provided, That such programs shall include
components to develop local investigative and judicial skills,
and to collect and preserve evidence and maintain the chain
of custody of evidence, including for use in prosecutions, and
Notification.
Hiring plan.
Timelines.
Reports.
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133 STAT. 2931 PUBLIC LAW 116–94—DEC. 20, 2019
may include the establishment of, and assistance for, transi-
tional justice mechanisms: Provided further, That such funds
shall be administered by the Special Coordinator for the Office
of Global Criminal Justice, Department of State: Provided fur-
ther, That funds made available by this paragraph shall be
made available on an open and competitive basis.
(b) C
OUNTERING
V
IOLENT
E
XTREMISM IN
A
SIA
.—Of the funds
appropriated by this Act under the heading ‘‘Economic Support
Fund’’, not less than $2,500,000 shall be made available for pro-
grams to counter violent extremism in Asia, including within the
Buddhist community: Provided, That such funds are in addition
to funds otherwise made available by this Act for such purposes.
(c) G
LOBAL
C
OMMUNITY
E
NGAGEMENT AND
R
ESILIENCE
F
UND
.—
Of the funds appropriated by this Act and prior Acts making appro-
priations for the Department of State, foreign operations, and
related programs under the heading ‘‘Economic Support Fund’’,
$5,000,000 shall be made available to the Global Community
Engagement and Resilience Fund (GCERF), including as a contribu-
tion: Provided, That any such funds made available for the GCERF
shall be made available on a cost-matching basis from sources
other than the United States Government, to the maximum extent
practicable, and shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
(d) G
LOBAL
C
ONCESSIONAL
F
INANCING
F
ACILITY
.—Of the funds
appropriated by this Act under the heading ‘‘Economic Support
Fund’’, $25,000,000 shall be made available for the Global
Concessional Financing Facility of the World Bank to provide
financing to support refugees and host communities: Provided, That
such funds shall be in addition to funds allocated for bilateral
assistance in the report required by section 653(a) of the Foreign
Assistance Act of 1961, and may only be made available subject
to prior to consultation with the Committees on Appropriations.
DISABILITY PROGRAMS
S
EC
. 7066. (a) A
SSISTANCE
.—Funds appropriated by this Act
under the heading ‘‘Development Assistance’’ shall be made avail-
able for programs and activities administered by the United States
Agency for International Development to address the needs and
protect and promote the rights of people with disabilities in devel-
oping countries, including initiatives that focus on independent
living, economic self-sufficiency, advocacy, education, employment,
transportation, sports, and integration of individuals with disabil-
ities, including for the cost of translation.
(b) M
ANAGEMENT
, O
VERSIGHT
,
AND
T
ECHNICAL
S
UPPORT
.—Of
the funds made available pursuant to this section, 5 percent may
be used by USAID for management, oversight, and technical sup-
port.
DEBT
-
FOR
-
DEVELOPMENT
S
EC
. 7067. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and debt-
for-nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for International
Development may place in interest bearing accounts local currencies
which accrue to that organization as a result of economic assistance
provided under title III of this Act and, subject to the regular
Notification.
Consultation.
Notification.
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133 STAT. 2932 PUBLIC LAW 116–94—DEC. 20, 2019
notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
ENTERPRISE FUNDS
S
EC
. 7068. (a) N
OTIFICATION
.—None of the funds made available
under titles III through VI of this Act may be made available
for Enterprise Funds unless the appropriate congressional commit-
tees are notified at least 15 days in advance.
(b) D
ISTRIBUTION OF
A
SSETS
P
LAN
.—Prior to the distribution
of any assets resulting from any liquidation, dissolution, or winding
up of an Enterprise Fund, in whole or in part, the President
shall submit to the appropriate congressional committees a plan
for the distribution of the assets of the Enterprise Fund.
(c) T
RANSITION OR
O
PERATING
P
LAN
.—Prior to a transition to
and operation of any private equity fund or other parallel invest-
ment fund under an existing Enterprise Fund, the President shall
submit such transition or operating plan to the appropriate congres-
sional committees.
RESCISSIONS
(INCLUDING RESCISSIONS OF FUNDS)
S
EC
. 7069. (a) E
CONOMIC
S
UPPORT
F
UND
.—
(1) Of the unobligated balances available under the Eco-
nomic Support Fund, identified by Treasury Appropriation
Fund Symbol 72 X 1037, $32,000,000 are rescinded.
(2) Of the unobligated and unexpended balances available
to the President for bilateral economic assistance under the
heading ‘‘Economic Support Fund’’ from prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, $200,000,000 shall be deobligated, as
appropriate, and shall be rescinded.
(3) For the purposes of this subsection, no amounts may
be rescinded from amounts that were designated by Congress
as an emergency requirement or for Overseas Contingency
Operations/Global War on Terrorism pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emer-
gency Deficit Control Act of 1985.
(b) E
MBASSY
S
ECURITY
, C
ONSTRUCTION
,
AND
M
AINTENANCE
.—
Of the unobligated balances from amounts available under the
heading ‘‘Embassy Security, Construction, and Maintenance’’ in title
II of the Security Assistance Appropriations Act, 2017 (division
B of Public Law 114–254), $242,462,000 are rescinded: Provided,
That such funds that were previously designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Con-
gress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of such Act.
(c) C
OMPLEX
C
RISES
F
UND
.—Of the unobligated balances from
amounts made available under title VIII in prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under the heading ‘‘Complex Crises Fund’’,
$40,000,000 are rescinded: Provided, That such funds that were
previously designated by the Congress for Overseas Contingency
Deadline.
President.
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133 STAT. 2933 PUBLIC LAW 116–94—DEC. 20, 2019
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 are designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of such Act.
(d) E
XPORT
-I
MPORT
B
ANK OF THE
U
NITED
S
TATES
.—Of the
unobligated balances available under the heading ‘‘Export and
Investment Assistance, Export-Import Bank of the United States,
Subsidy Appropriation’’ for tied-aid grants from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, $64,282,000 are rescinded.
This division may be cited as the ‘‘Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020’’.
DIVISION H—TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPRO-
PRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF TRANSPORTATION
O
FFICE OF THE
S
ECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$115,490,000, of which not to exceed $3,100,000 shall be available
for the immediate Office of the Secretary; not to exceed $1,000,000
shall be available for the immediate Office of the Deputy Secretary;
not to exceed $21,000,000 shall be available for the Office of the
General Counsel; not to exceed $10,500,000 shall be available for
the Office of the Under Secretary of Transportation for Policy;
not to exceed $15,000,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,650,000 shall be available for the Office of the Assistant Sec-
retary for Governmental Affairs; not to exceed $29,244,000 shall
be available for the Office of the Assistant Secretary for Administra-
tion; not to exceed $2,142,000 shall be available for the Office
of Public Affairs; not to exceed $1,859,000 shall be available for
the Office of the Executive Secretariat; not to exceed $12,181,000
shall be available for the Office of Intelligence, Security, and Emer-
gency Response; and not to exceed $16,814,000 shall be available
for the Office of the Chief Information Officer: Provided, That
the Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any
other office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or decreased
by more than 7 percent by all such transfers: Provided further,
That notice of any change in funding greater than 7 percent shall
be submitted for approval to the House and Senate Committees
on Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official reception
and representation expenses as the Secretary may determine: Pro-
vided further, That notwithstanding any other provision of law,
excluding fees authorized in Public Law 107–71, there may be
credited to this appropriation up to $2,500,000 in funds received
in user fees: Provided further, That none of the funds provided
Notice.
Funding
approval.
Allocation.
Transportation,
Housing and
Urban
Development,
and Related
Agencies
Appropriations
Act, 2020.
Department of
Transportation
Appropriations
Act, 2020.
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133 STAT. 2934 PUBLIC LAW 116–94—DEC. 20, 2019
in this Act shall be available for the position of Assistant Secretary
for Public Affairs.
RESEARCH AND TECHNOLOGY
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $21,000,000, of which
$14,218,000 shall remain available until expended for (1) $5,000,000
for new competitive grants under section 5505 of title 49, United
States Code, for Tier I University Transportation Centers, (2)
$1,000,000 for the establishment of an emergency planning
transportation data initiative to conduct research and develop
models for data integration of geo-located weather and roadways
information for emergency and other severe weather conditions
to improve public safety and emergency evacuation and response
capabilities, (3) $1,000,000 for the Secretary of Transportation to
enter into an agreement with the National Academies of Sciences,
Engineering, and Medicine to conduct a study through the Transpor-
tation Research Board on effective ways to measure the resilience
of transportation systems and services to natural disasters, natural
hazards, and other potential disruptions, and (4) $5,000,000 for
the establishment of a Highly Automated Systems Safety Center
of Excellence as required in section 105 of this Act: Provided,
That such amounts are in addition to amounts previously provided
for Tier I University Transportation Centers: Provided further, That
such amounts for additional Tier I University Transportation Cen-
ters under this heading are provided notwithstanding section
5505(c)(4)(A) of title 49, United States Code: Provided further, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law, regulation,
judicial proceedings, or elsewhere to the Research and Innovative
Technology Administration shall continue to be deemed to be a
reference to the Office of the Assistant Secretary for Research
and Technology of the Department of Transportation.
NATIONAL INFRASTRUCTURE INVESTMENTS
For capital investments in surface transportation infrastruc-
ture, $1,000,000,000, to remain available through September 30,
2022: Provided, That the Secretary of Transportation shall dis-
tribute funds provided under this heading as discretionary grants
to be awarded to a State, local government, transit agency, port
authority, or a collaboration among such entities on a competitive
basis for projects that will have a significant local or regional
impact: Provided further, That projects eligible for funding provided
under this heading shall include, but not be limited to, highway
or bridge projects eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title 49, United
States Code; passenger and freight rail transportation projects;
port infrastructure investments (including inland port infrastruc-
ture and land ports of entry); and projects investing in surface
transportation facilities that are located on tribal land and for
which title or maintenance responsibility is vested in the Federal
Government: Provided further, That of the amount made available
under this heading, the Secretary shall use an amount not less
than $15,000,000 for the planning, preparation or design of projects
Distribution.
Grants.
Continuation.
49 USC 112 note.
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133 STAT. 2935 PUBLIC LAW 116–94—DEC. 20, 2019
eligible for funding under this heading: Provided further, That
grants awarded under the previous proviso shall not be subject
to a minimum grant size: Provided further, That the Secretary
may use up to 20 percent of the funds made available under
this heading for the purpose of paying the subsidy and administra-
tive costs of projects eligible for Federal credit assistance under
chapter 6 of title 23, United States Code, or sections 501 through
504 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94–210), as amended, if the Secretary finds that
such use of the funds would advance the purposes of this paragraph:
Provided further, That in distributing funds provided under this
heading, the Secretary shall take such measures so as to ensure
an equitable geographic distribution of funds, an appropriate bal-
ance in addressing the needs of urban and rural areas, and the
investment in a variety of transportation modes: Provided further,
That a grant funded under this heading shall be not less than
$5,000,000 and not greater than $25,000,000: Provided further,
That not more than 10 percent of the funds made available under
this heading may be awarded to projects in a single State: Provided
further, That the Federal share of the costs for which an expenditure
is made under this heading shall be, at the option of the recipient,
up to 80 percent: Provided further, That the Secretary shall give
priority to projects that require a contribution of Federal funds
in order to complete an overall financing package: Provided further,
That an award under this heading is an urban award if it is
to a project located within or on the boundary of an Urbanized
Area (UA), as designated by the U.S. Census Bureau, that had
a population greater than 200,000 in the 2010 Census: Provided
further, That for the purpose of determining if an award for plan-
ning, preparation or design is an urban award, the project location
is the location of the project being planned, prepared or designed:
Provided further, That each award under this heading that is not
an urban award is a rural award: Provided further, That of the
funds awarded under this heading, not more than 50 percent shall
be awarded as urban awards and rural awards, respectively: Pro-
vided further, That for rural awards, the minimum grant size
shall be $1,000,000 and the Secretary may increase the Federal
share of costs above 80 percent: Provided further, That projects
conducted using funds provided under this heading must comply
with the requirements of subchapter IV of chapter 31 of title 40,
United States Code: Provided further, That the Secretary shall
conduct a new competition to select the grants and credit assistance
awarded under this heading: Provided further, That the Secretary
may retain up to $25,000,000 of the funds provided under this
heading, and may transfer portions of those funds to the Adminis-
trators of the Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration, and the Mari-
time Administration to fund the award and oversight of grants
and credit assistance made under the National Infrastructure
Investments program: Provided further, That none of the funds
provided in the previous proviso may be used to hire additional
personnel: Provided further, That the Secretary shall consider and
award projects based solely on the selection criteria from the fiscal
year 2017 Notice of Funding Opportunity: Provided further, That,
notwithstanding the previous proviso, the Secretary shall not use
the Federal share or an applicant’s ability to generate non-Federal
Compliance.
Urban and rural
areas.
Priority.
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133 STAT. 2936 PUBLIC LAW 116–94—DEC. 20, 2019
revenue as a selection criteria in awarding projects: Provided fur-
ther, That the Secretary shall issue the Notice of Funding Oppor-
tunity no later than 60 days after enactment of this Act: Provided
further, That such Notice of Funding Opportunity shall require
application submissions 90 days after the publishing of such Notice:
Provided further, That of the applications submitted under the
previous two provisos, the Secretary shall make grants no later
than 270 days after enactment of this Act in such amounts that
the Secretary determines: Provided further, That such sums pro-
vided for national infrastructure investments for multimodal safety
projects under title VIII of division F of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113–
6; 127 Stat. 423) shall remain available through fiscal year 2024
for the liquidation of valid obligations of active grants awarded
with this funding: Provided further, That the preceding proviso
shall be applied as if it were in effect on September 30, 2019.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE
BUREAU
For necessary expenses of the National Surface Transportation
and Innovative Finance Bureau as authorized by 49 U.S.C. 116,
$5,000,000, to remain available until expended: Provided, That
the Secretary shall notify the House and Senate Committees on
Appropriations no less than 15 days prior to exercising the transfer
authority granted under section 116(h) of title 49, United States
Code.
FINANCIAL MANAGEMENT CAPITAL
For necessary expenses for upgrading and enhancing the
Department of Transportation’s financial systems and re-
engineering business processes, $2,000,000, to remain available
through September 30, 2021.
CYBER SECURITY INITIATIVES
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information tech-
nology infrastructure, improvement of network perimeter controls
and identity management, testing and assessment of information
technology against business, security, and other requirements,
implementation of Federal cyber security initiatives and information
infrastructure enhancements, and implementation of enhanced
security controls on network devices, $15,000,000, to remain avail-
able through September 30, 2021.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights, $9,470,000.
TRANSPORTATION PLANNING
,
RESEARCH
,
AND DEVELOPMENT
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $10,879,000, to remain available until expended: Provided,
That of such amount, $1,000,000 shall be for necessary expenses
of the Interagency Infrastructure Permitting Improvement Center
Notification.
Deadline.
Applicability.
Grants.
Deadline.
Determination.
Requirement.
Deadline.
Notice.
Deadline.
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133 STAT. 2937 PUBLIC LAW 116–94—DEC. 20, 2019
(IIPIC): Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts trans-
ferred from other Federal agencies for expenses incurred under
this heading for IIPIC activities not related to transportation infra-
structure: Provided further, That the tools and analysis developed
by the IIPIC shall be available to other Federal agencies for the
permitting and review of major infrastructure projects not related
to transportation only to the extent that other Federal agencies
provide funding to the Department as provided for under the pre-
vious proviso.
WORKING CAPITAL FUND
For necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $319,793,000, shall
be paid from appropriations made available to the Department
of Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on oper-
ating expenses shall not apply to non-DOT entities: Provided fur-
ther, That no funds appropriated in this Act to an agency of the
Department shall be transferred to the Working Capital Fund with-
out majority approval of the Working Capital Fund Steering Com-
mittee and approval of the Secretary: Provided further, That no
assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House
and Senate Committees on Appropriations and are approved by
such Committees.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain available
until September 30, 2021: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related
to any mode of transportation: Provided further, That appropriations
made available under this heading shall be available for any pur-
pose consistent with prior year appropriations that were made
available under the heading ‘‘Minority Business Resource Center
Program’’.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
41731 through 41742, $162,000,000, to be derived from the Airport
and Airway Trust Fund, to remain available until expended: Pro-
vided, That in determining between or among carriers competing
to provide service to a community, the Secretary may consider
the relative subsidy requirements of the carriers: Provided further,
That basic essential air service minimum requirements shall not
include the 15-passenger capacity requirement under section
41732(b)(3) of title 49, United States Code: Provided further, That
none of the funds in this Act or any other Act shall be used
to enter into a new contract with a community located less than
Determination.
Assessments.
Notification.
Analysis.
Review.
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133 STAT. 2938 PUBLIC LAW 116–94—DEC. 20, 2019
40 miles from the nearest small hub airport before the Secretary
has negotiated with the community over a local cost share: Provided
further, That amounts authorized to be distributed for the essential
air service program under section 41742(b) of title 49, United States
Code, shall be made available immediately from amounts otherwise
provided to the Administrator of the Federal Aviation Administra-
tion: Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under section
45303 of title 49, United States Code.
ADMINISTRATIVE PROVISIONS
—
OFFICE OF THE SECRETARY OF
TRANSPORTATION
S
EC
. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the Office
of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for Congressional notification.
S
EC
. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the
Council on Credit and Finance, including the agenda for each
meeting, and require the Council on Credit and Finance to record
the decisions and actions of each meeting.
S
EC
. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department’s Working Capital
Fund is hereby authorized to provide partial or full payments
in advance and accept subsequent reimbursements from all Federal
agencies from available funds for transit benefit distribution serv-
ices that are necessary to carry out the Federal transit pass
transportation fringe benefit program under Executive Order No.
13150 and section 3049 of Public Law 109–59: Provided, That
the Department shall maintain a reasonable operating reserve in
the Working Capital Fund, to be expended in advance to provide
uninterrupted transit benefits to Government employees: Provided
further, That such reserve will not exceed one month of benefits
payable and may be used only for the purpose of providing for
the continuation of transit benefits: Provided further, That the
Working Capital Fund will be fully reimbursed by each customer
agency from available funds for the actual cost of the transit benefit.
S
EC
. 104. No later than May 1, 2020, the Secretary shall
announce the selection of all projects to receive awards for all
competitive grants provided in Public Law 116–6 under the
headings: ‘‘Federal Railroad Administration—Federal–State Part-
nership for State of Good Repair’’, ‘‘Federal Railroad Administra-
tion—Consolidated Rail Infrastructure and Safety Improvements’’,
‘‘Federal Railroad Administration—Restoration and Enhancement’’,
‘‘Federal Railroad Administration—Magnetic Levitation Technology
Deployment Program’’, and ‘‘Maritime Administration—Port Infra-
structure Development Program’’.
S
EC
. 105. (a) The Secretary shall establish a Highly Automated
Systems Safety Center of Excellence within the Department of
Transportation, in order to have a Department of Transportation
workforce capable of reviewing, assessing, and validating the safety
of automated technologies.
Establishment.
49 USC 102 note.
Deadline.
Reimbursement.
Transit benefits.
Web posting.
Records.
Assessments.
Contracts.
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133 STAT. 2939 PUBLIC LAW 116–94—DEC. 20, 2019
(b) The Highly Automated Systems Safety Center of Excellence
shall—
(1) serve as a central location within the Department of
Transportation for expertise in automation and human factors,
computer science, data analytics, machine learning, sensors,
and other technologies involving automated systems;
(2) collaborate with and provide support on highly auto-
mated systems to all Operating Administrations of the Depart-
ment of Transportation; and
(3) have a workforce composed of Department of Transpor-
tation employees, including direct hires or detailees from Oper-
ating Administrations of the Department of Transportation and
other Federal agencies.
(c) Employees of the Highly Automated Systems Safety Center
of Excellence, in conjunction with the relevant Operating Adminis-
trations of the Department of Transportation, shall review, assess,
and validate highly automated systems to ensure their safety.
(d) The Highly Automated Systems Safety Center of Excellence
shall not supersede laws or regulations granting certification
authorities to Operating Administrations of the Department of
Transportation.
(e) No later than 90 days after the date of enactment of this
Act, the Secretary shall report to the Committees on Appropriations
of the House of Representatives and the Senate on staffing needs
and the staffing plan for the Highly Automated Systems Safety
Center of Excellence.
S
EC
. 106. None of the funds made available by this Act shall
be used to terminate the Intelligent Transportation System Program
Advisory Committee established under section 5305(h) of
SAFETEA–LU (23 U.S.C. 512 note; Public Law 109–59).
F
EDERAL
A
VIATION
A
DMINISTRATION
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including operations and research activi-
ties related to commercial space transportation, administrative
expenses for research and development, establishment of air naviga-
tion facilities, the operation (including leasing) and maintenance
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, the lease or purchase of passenger motor vehicles
for replacement only, $10,630,000,000, to remain available until
September 30, 2021, of which $10,519,000,000 shall be derived
from the Airport and Airway Trust Fund: Provided, That of the
sums appropriated under this heading—
(1) not less than $1,404,096,000 shall be available for avia-
tion safety activities;
(2) $7,970,734,000 shall be available for air traffic organiza-
tion activities;
(3) $26,040,000 shall be available for commercial space
transportation activities;
(4) $800,646,000 shall be available for finance and manage-
ment activities;
Reports.
Review.
Assessment.
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133 STAT. 2940 PUBLIC LAW 116–94—DEC. 20, 2019
(5) $61,538,000 shall be available for NextGen and oper-
ations planning activities;
(6) $118,642,000 shall be available for security and haz-
ardous materials safety; and
(7) $248,304,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be trans-
ferred to any budget activity under this heading: Provided further,
That no transfer may increase or decrease any appropriation by
more than 5 percent: Provided further, That any transfer in excess
of 5 percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator of
the Federal Aviation Administration shall transmit to Congress
an annual update to the report submitted to Congress in December
2004 pursuant to section 221 of Public Law 108–176: Provided
further, That the amount herein appropriated shall be reduced
by $100,000 for each day after the date that is 60 days after
the submission of the budget request that such report has not
been submitted to the Congress: Provided further, That not later
than 60 days after the submission of the budget request, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year: Pro-
vided further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after the date that is 60 days
after the submission of the budget request that such report has
not been submitted to Congress: Provided further, That funds may
be used to enter into a grant agreement with a nonprofit standard-
setting organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this Act
shall be available for new applicants for the second career training
program: Provided further, That none of the funds in this Act
shall be available for the Federal Aviation Administration to finalize
or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited
to this appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provi-
sion of agency services, including receipts for the maintenance
and operation of air navigation facilities, and for issuance, renewal
or modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the
funds appropriated under this heading, not less than $170,000,000
shall be used to fund direct operations of the current air traffic
control towers in the contract tower program, including the contract
tower cost share program, and any airport that is currently qualified
or that will qualify for the program during the fiscal year: Provided
further, That none of the funds in this Act for aeronautical charting
and cartography are available for activities conducted by, or coordi-
nated through, the Working Capital Fund: Provided further, That
Fees.
Late penalties.
Deadline.
Reports.
49 USC 44502
note.
Late penalties.
Deadline.
Deadline.
Updates.
49 USC 44506
note.
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133 STAT. 2941 PUBLIC LAW 116–94—DEC. 20, 2019
none of the funds appropriated or otherwise made available by
this Act or any other Act may be used to eliminate the Contract
Weather Observers program at any airport.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for acquisi-
tion, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part
A of subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and acquisi-
tion of necessary sites by lease or grant; construction and furnishing
of quarters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote localities
where such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under this
heading, including aircraft for aviation regulation and certification;
to be derived from the Airport and Airway Trust Fund,
$3,045,000,000, of which $515,000,000 shall remain available until
September 30, 2021, $2,409,473,000 shall remain available until
September 30, 2022, and $120,527,000 shall remain available until
expended: Provided, That there may be credited to this appropria-
tion funds received from States, counties, municipalities, other
public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national
airspace systems: Provided further, That not later than 60 days
after submission of the budget request, the Secretary of Transpor-
tation shall transmit to the Congress an investment plan for the
Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2021 through 2025, with total
funding for each year of the plan constrained to the funding targets
for those years as estimated and approved by the Office of Manage-
ment and Budget.
RESEARCH
,
ENGINEERING
,
AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part
A of subtitle VII of title 49, United States Code, including construc-
tion of experimental facilities and acquisition of necessary sites
by lease or grant, $192,665,000, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 2022: Provided, That there may be credited to this appropriation
as offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private sources, which
shall be available for expenses incurred for research, engineering,
and development: Provided further, That funds made available
under this heading shall be used in accordance with the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided further, That not to exceed
10 percent of any funding level specified under this heading in
the explanatory statement described in section 4 (in the matter
Deadline.
Investment plan.
Time periods.
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133 STAT. 2942 PUBLIC LAW 116–94—DEC. 20, 2019
preceding division A of this consolidated Act) may be transferred
to any other funding level specified under this heading in the
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act): Provided further, That
no transfer may increase or decrease any funding level by more
than 10 percent: Provided further, That any transfer in excess
of 10 percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
GRANTS
-
IN
-
AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
For liquidation of obligations incurred for grants-in-aid for air-
port planning and development, and noise compatibility planning
and programs as authorized under subchapter I of chapter 471
and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention
devices and systems at airports of such title; for grants authorized
under section 41743 of title 49, United States Code; and for inspec-
tion activities and administration of airport safety programs,
including those related to airport operating certificates under sec-
tion 44706 of title 49, United States Code, $3,000,000,000, to be
derived from the Airport and Airway Trust Fund and to remain
available until expended: Provided, That none of the funds under
this heading shall be available for the planning or execution of
programs the obligations for which are in excess of $3,350,000,000
in fiscal year 2020, notwithstanding section 47117(g) of title 49,
United States Code: Provided further, That none of the funds under
this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or
other airport improvements that are necessary to install bulk explo-
sive detection systems: Provided further, That notwithstanding sec-
tion 47109(a) of title 49, United States Code, the Government’s
share of allowable project costs under paragraph (2) for subgrants
or paragraph (3) of that section shall be 95 percent for a project
at other than a large or medium hub airport that is a successive
phase of a multi-phased construction project for which the project
sponsor received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other provision
of law, of funds limited under this heading, not more than
$116,500,000 shall be available for administration, not less than
$15,000,000 shall be available for the Airport Cooperative Research
Program, not less than $39,224,000 shall be available for Airport
Technology Research, and $10,000,000, to remain available until
expended, shall be available and transferred to ‘‘Office of the Sec-
retary, Salaries and Expenses’’ to carry out the Small Community
Air Service Development Program: Provided further, That in addi-
tion to airports eligible under section 41743 of title 49, United
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133 STAT. 2943 PUBLIC LAW 116–94—DEC. 20, 2019
States Code, such program may include the participation of an
airport that serves a community or consortium that is not larger
than a small hub airport, according to FAA hub classifications
effective at the time the Office of the Secretary issues a request
for proposals.
GRANTS
-
IN
-
AID FOR AIRPORTS
For an additional amount for ‘‘Grants-In-Aid for Airports’’, to
enable the Secretary of Transportation to make grants for projects
as authorized by subchapter 1 of chapter 471 and subchapter 1
of chapter 475 of title 49, United States Code, $400,000,000, to
remain available through September 30, 2022: Provided, That
amounts made available under this heading shall be derived from
the general fund, and such funds shall not be subject to apportion-
ment formulas, special apportionment categories, or minimum
percentages under chapter 471: Provided further, That the Secretary
shall distribute funds provided under this heading as discretionary
grants to airports: Provided further, That the amount made avail-
able under this heading shall not be subject to any limitation
on obligations for the Grants-in-Aid for Airports program set forth
in any Act: Provided further, That the Administrator of the Federal
Aviation Administration may retain up to 0.5 percent of the funds
provided under this heading to fund the award and oversight by
the Administrator of grants made under this heading.
ADMINISTRATIVE PROVISIONS
—
FEDERAL AVIATION ADMINISTRATION
S
EC
. 110. None of the funds in this Act may be used to com-
pensate in excess of 600 technical staff-years under the federally
funded research and development center contract between the Fed-
eral Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2020.
S
EC
. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport sponsors
to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space
in airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agreement
on ‘‘below-market’’ rates for these items or to grant assurances
that require airport sponsors to provide land without cost to the
Federal Aviation Administration for air traffic control facilities.
S
EC
. 112. The Administrator of the Federal Aviation Adminis-
tration may reimburse amounts made available to satisfy 49 U.S.C.
41742(a)(1) from fees credited under 49 U.S.C. 45303 and any
amount remaining in such account at the close of that fiscal year
may be made available to satisfy section 41742(a)(1) for the subse-
quent fiscal year.
S
EC
. 113. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the appropriation
current at the time of collection, to be merged with and available
for the same purposes of such appropriation.
S
EC
. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5, United
States Code, to any Federal Aviation Administration employee
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133 STAT. 2944 PUBLIC LAW 116–94—DEC. 20, 2019
unless such employee actually performed work during the time
corresponding to such premium pay.
S
EC
. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation Administration
to purchase a store gift card or gift certificate through use of
a Government-issued credit card.
S
EC
. 116. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the Federal
Aviation Administration without the prior written approval of the
Assistant Secretary for Administration of the Department of
Transportation.
S
EC
. 117. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act may
be used to implement or to continue to implement any limitation
on the ability of any owner or operator of a private aircraft to
obtain, upon a request to the Administrator of the Federal Aviation
Administration, a blocking of that owner’s or operator’s aircraft
registration number from any display of the Federal Aviation
Administration’s Aircraft Situational Display to Industry data that
is made available to the public, except data made available to
a Government agency, for the noncommercial flights of that owner
or operator.
S
EC
. 118. None of the funds in this Act shall be available
for salaries and expenses of more than nine political and Presi-
dential appointees in the Federal Aviation Administration.
S
EC
. 119. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of title
49, United States Code, until the Federal Aviation Administration
provides to the House and Senate Committees on Appropriations
a report that justifies all fees related to aeronautical navigation
products and explains how such fees are consistent with Executive
Order No. 13642.
S
EC
. 119A. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation Adminis-
tration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than
90 full business days in advance.
S
EC
. 119B. None of the funds appropriated or limited by this
Act may be used to change weight restrictions or prior permission
rules at Teterboro airport in Teterboro, New Jersey.
S
EC
. 119C. None of the funds provided under this Act may
be used by the Administrator of the Federal Aviation Administration
to withhold from consideration and approval any new application
for participation in the Contract Tower Program, or for reevaluation
of Cost-share Program participants as long as the Federal Aviation
Administration has received an application from the airport, and
as long as the Administrator determines such tower is eligible
using the factors set forth in Federal Aviation Administration pub-
lished establishment criteria.
S
EC
. 119D. None of the funds made available by this Act
may be used to open, close, redesignate as a lesser office, or reorga-
nize a regional office, the aeronautical center, or technical center
unless the Administrator submits a request for the reprogramming
of funds under section 405 of this Act.
Notification.
Deadline.
Approval.
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133 STAT. 2945 PUBLIC LAW 116–94—DEC. 20, 2019
F
EDERAL
H
IGHWAY
A
DMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Not to exceed $453,549,689, together with advances and
reimbursements received by the Federal Highway Administration,
shall be obligated for necessary expenses for administration and
operation of the Federal Highway Administration. In addition,
$3,248,000 shall be transferred to the Appalachian Regional
Commission in accordance with section 104(a) of title 23, United
States Code.
FEDERAL
-
AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Funds available for the implementation or execution of Federal-
aid highway and highway safety construction programs authorized
under titles 23 and 49, United States Code, and the provisions
of the Fixing America’s Surface Transportation (FAST) Act (Public
Law 114–94) shall not exceed total obligations of $46,365,092,000
for fiscal year 2020: Provided, That the Secretary may collect and
spend fees, as authorized by title 23, United States Code, to cover
the costs of services of expert firms, including counsel, in the
field of municipal and project finance to assist in the underwriting
and servicing of Federal credit instruments and all or a portion
of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to administrative expenses that are also available
for such purpose, and are not subject to any obligation limitation
or the limitation on administrative expenses under section 608
of title 23, United States Code.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For the payment of obligations incurred in carrying out Federal-
aid highway and highway safety construction programs authorized
under title 23, United States Code, $47,104,092,000 derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.
HIGHWAY INFRASTRUCTURE PROGRAMS
There is hereby appropriated to the Secretary of Transportation
$2,166,140,392: Provided, That the funds made available under
this heading shall be derived from the general fund, shall be in
addition to any funds provided for fiscal year 2020 in this or
any other Act for: (1) ‘‘Federal-aid Highways’’ under chapter 1
of title 23, United States Code; or (2) the Appalachian Development
23 USC 104 note.
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133 STAT. 2946 PUBLIC LAW 116–94—DEC. 20, 2019
Highway System as authorized under section 1069(y) of Public
Law 102–240, and shall not affect the distribution or amount of
funds provided in any other Act: Provided further, That section
1101(b) of Public Law 114–94 shall apply to funds made available
under this heading: Provided further, That of the funds made avail-
able under this heading—
(1) $781,140,392 shall be for activities eligible under sec-
tions 133(b)(1) and 133(b)(4) of title 23, United States Code,
and to provide necessary charging infrastructure along corridor-
ready or corridor-pending alternative fuel corridors designated
pursuant to section 151 of title 23, United States Code;
(2) $1,150,000,000 shall be for a bridge replacement and
rehabilitation program;
(3) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System
as authorized under section 1069(y) of Public Law 102–240;
(4) $3,500,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code;
(5) $1,500,000 shall be for activities eligible under the
Territorial Highway Program, as described in section 165(c)(6)
of title 23, United States Code;
(6) $70,000,000 shall be for the nationally significant Fed-
eral lands and tribal projects program under section 1123 of
the FAST Act;
(7) $50,000,000 shall be for competitive grants for activities
described in section 130(a) of title 23, United States Code;
(8) $5,000,000 shall be for the Regional Infrastructure
Accelerator Demonstration Program authorized under section
1441 of the FAST Act; and
(9) $5,000,000 shall be for a National Road Network Pilot
Program for the Federal Highway Administration to create
a national level, geo-spatial dataset that uses data already
collected under the Highway Performance Monitoring System:
Provided further, That for the purposes of funds made available
under this heading for activities eligible under sections 133(b)(1)
and 133(b)(4) of title 23, United States Code, and to provide nec-
essary charging infrastructure along corridor-ready or corridor-
pending alternative fuel corridors designated pursuant to section
151 of title 23, United States Code, the term ‘‘State’’ means any
of the 50 States or the District of Columbia: Provided further,
That the funds made available under this heading for activities
eligible under sections 133(b)(1) and 133(b)(4) of title 23, United
States Code, and to provide necessary charging infrastructure along
corridor-ready or corridor-pending alternative fuel corridors des-
ignated pursuant to section 151 of title 23, United States Code,
shall be suballocated in the manner described in section 133(d)
of such title, except that the set-aside described in section 133(h)
of such title shall not apply to funds made available under this
heading: Provided further, That the funds made available under
this heading for activities eligible under sections 133(b)(1) and
133(b)(4) of title 23, United States Code, and to provide necessary
charging infrastructure along corridor-ready or corridor-pending
alternative fuel corridors designated pursuant to section 151 of
title 23, United States Code, shall be administered as if apportioned
under chapter 1 of such title and shall remain available through
Definition.
Applicability.
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133 STAT. 2947 PUBLIC LAW 116–94—DEC. 20, 2019
September 30, 2023: Provided further, That the funds made avail-
able under this heading for activities eligible under sections
133(b)(1) and 133(b)(4) of title 23, United States Code, and to
provide necessary charging infrastructure along corridor-ready or
corridor-pending alternative fuel corridors designated pursuant to
section 151 of title 23, United States Code, shall be apportioned
to the States in the same ratio as the obligation limitation for
fiscal year 2020 is distributed among the States in section 120(a)(5)
of this Act: Provided further, That, except as provided in the fol-
lowing proviso, the funds made available under this heading for
activities eligible under the Puerto Rico Highway Program and
activities eligible under the Territorial Highway Program shall be
administered as if allocated under sections 165(b) and 165(c), respec-
tively, of title 23, United States Code, and shall remain available
through September 30, 2023: Provided further, That the funds
made available under this heading for activities eligible under
the Puerto Rico Highway Program shall not be subject to the
requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of such title:
Provided further, That the funds made available under this heading
for the nationally significant Federal lands and tribal projects pro-
gram under section 1123 of the FAST Act shall remain available
through September 30, 2023: Provided further, That for the pur-
poses of funds made available under this heading for a bridge
replacement and rehabilitation program, (1) the term ‘‘State’’ means
any of the 50 States or the District of Columbia, and (2) the
term ‘‘qualifying State’’ means any State in which the percentage
of total deck area of bridges classified as in poor condition in
such State is at least 5 percent: Provided further, That, of the
funds made available under this heading for a bridge replacement
and rehabilitation program, the Secretary shall reserve $6,000,000
for each State that does not meet the definition of a qualifying
State: Provided further, That, after making the reservations under
the preceding proviso, the Secretary shall distribute the remaining
funds made available under this heading for a bridge replacement
and rehabilitation program to each qualifying State by the propor-
tion that the percentage of total deck area of bridges classified
as in poor condition in such qualifying State bears to the sum
of the percentages of total deck area of bridges classified as in
poor condition in all qualifying States: Provided further, That for
the bridge replacement and rehabilitation program:
(1) no qualifying State shall receive more than $50,000,000;
(2) each State shall receive an amount not less than
$6,000,000; and
(3) after calculating the distribution of funds pursuant
to the preceding proviso, any amount in excess of $50,000,000
shall be redistributed equally among each State that does not
meet the definition of a qualifying State:
Provided further, That the funds made available under this heading
for a bridge replacement and rehabilitation program shall be used
for highway bridge replacement or rehabilitation projects on public
roads: Provided further, That for purposes of this heading for the
bridge replacement and rehabilitation program, the Secretary shall
calculate the percentages of total deck area of bridges (including
the percentages of total deck area classified as in poor condition)
based on the National Bridge Inventory as of December 31, 2018:
Provided further, That the funds made available under this heading
for a bridge replacement and rehabilitation program shall be
Distribution.
Definition.
Apportionment.
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133 STAT. 2948 PUBLIC LAW 116–94—DEC. 20, 2019
administered as if apportioned under chapter 1 of title 23, United
States Code, and shall remain available through September 30,
2023: Provided further, That the funds made available under this
heading, in paragraph (7) in the third proviso, shall be available
for projects eligible under section 130(a) of title 23, United States
Code, for commuter authorities, as defined in section 24102(2) of
title 49, United States Code, that experienced at least one accident
investigated by the National Transportation Safety Board between
January 1, 2008 and December 31, 2018 and for which the National
Transportation Safety Board issued an accident report: Provided
further, That the funds made available under this heading, in
paragraph (7) of the third proviso, shall be administered as if
apportioned under chapter 1 of title 23, United States Code: Pro-
vided further, That for the purposes of funds made available under
this heading for construction of the Appalachian Development High-
way System, the term ‘‘Appalachian State’’ means a State that
contains 1 or more counties (including any political subdivision
located within the area) in the Appalachian region as defined in
section 14102(a) of title 40, United States Code: Provided further,
That funds made available under this heading for construction
of the Appalachian Development Highway System shall remain
available until expended: Provided further, That a project carried
out with funds made available under this heading for construction
of the Appalachian Development Highway System shall be carried
out in the same manner as a project under section 14501 of title
40, United States Code: Provided further, That subject to the fol-
lowing proviso, funds made available under this heading for
construction of the Appalachian Development Highway System shall
be apportioned to Appalachian States according to the percentages
derived from the 2012 Appalachian Development Highway System
Cost-to-Complete Estimate, adopted in Appalachian Regional
Commission Resolution Number 736, and confirmed as each Appa-
lachian State’s relative share of the estimated remaining need
to complete the Appalachian Development Highway System,
adjusted to exclude those corridors that such States have no current
plans to complete, as reported in the 2013 Appalachian Development
Highway System Completion Report: Provided further, That the
Secretary shall adjust apportionments made under the preceding
proviso so that no Appalachian State shall be apportioned an
amount in excess of 30 percent of the amount made available
for construction of the Appalachian Development Highway System
under this heading: Provided further, That the Secretary shall
consult with the Appalachian Regional Commission in making
adjustments under the preceding two provisos: Provided further,
That the Federal share of the costs for which an expenditure is
made for construction of the Appalachian Development Highway
System under this heading shall be up to 100 percent: Provided
further, That amounts provided under this heading in paragraphs
(7), (8), and (9) shall remain available until expended.
ADMINISTRATIVE PROVISIONS
—
FEDERAL HIGHWAY ADMINISTRATION
S
EC
. 120. (a) For fiscal year 2020, the Secretary of Transpor-
tation shall—
(1) not distribute from the obligation limitation for Federal-
aid highways—
23 USC 104 note.
Consultation.
Apportionments.
Apportionment.
Definition.
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133 STAT. 2949 PUBLIC LAW 116–94—DEC. 20, 2019
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and
(B) amounts authorized for the Bureau of Transpor-
tation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated bal-
ance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid high-
way and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Sec-
retary (or apportioned by the Secretary under sections 202
or 204 of title 23, United States Code); and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that—
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under para-
graphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated
for the Federal-aid highway and highway safety construc-
tion programs (other than sums authorized to be appro-
priated for provisions of law described in paragraphs (1)
through (11) of subsection (b) and sums authorized to be
appropriated for section 119 of title 23, United States Code,
equal to the amount referred to in subsection (b)(12) for
such fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid high-
ways, less the aggregate amounts not distributed under para-
graphs (1) and (2), for each of the programs (other than pro-
grams to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America’s Surface Transpor-
tation Act and title 23, United States Code, or apportioned
by the Secretary under sections 202 or 204 of that title, by
multiplying—
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for each
such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid high-
ways, less the aggregate amounts not distributed under para-
graphs (1) and (2) and the amounts distributed under para-
graph (4), for Federal-aid highway and highway safety construc-
tion programs that are apportioned by the Secretary under
title 23, United States Code (other than the amounts appor-
tioned for the National Highway Performance Program in sec-
tion 119 of title 23, United States Code, that are exempt from
the limitation under subsection (b)(12) and the amounts appor-
tioned under sections 202 and 204 of that title) in the proportion
that—
(A) amounts authorized to be appropriated for the pro-
grams that are apportioned under title 23, United States
Code, to each State for such fiscal year; bears to
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133 STAT. 2950 PUBLIC LAW 116–94—DEC. 20, 2019
(B) the total of the amounts authorized to be appro-
priated for the programs that are apportioned under title
23, United States Code, to all States for such fiscal year.
(b) E
XCEPTIONS
F
ROM
O
BLIGATION
L
IMITATION
.—The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not lapsed
or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2020, only in an amount
equal to $639,000,000).
(c) R
EDISTRIBUTION OF
U
NUSED
O
BLIGATION
A
UTHORITY
.—Not-
withstanding subsection (a), the Secretary shall, after August 1
of such fiscal year—
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment
of Public Law 112–141) and 104 of title 23, United States
Code.
(d) A
PPLICABILITY OF
O
BLIGATION
L
IMITATIONS TO
T
RANSPOR
-
TATION
R
ESEARCH
P
ROGRAMS
.—
(1) I
N GENERAL
.—Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
Effective date.
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133 STAT. 2951 PUBLIC LAW 116–94—DEC. 20, 2019
contract authority for transportation research programs carried
out under—
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America’s Surface Transpor-
tation Act.
(2) E
XCEPTION
.—Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and high-
way safety construction programs for future fiscal years.
(e) R
EDISTRIBUTION OF
C
ERTAIN
A
UTHORIZED
F
UNDS
.—
(1) I
N GENERAL
.—Not later than 30 days after the date
of distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title
23, United States Code) that—
(A) are authorized to be appropriated for such fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not
be available for obligation, for such fiscal year because
of the imposition of any obligation limitation for such fiscal
year.
(2) R
ATIO
.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) A
VAILABILITY
.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(b) of title 23, United States Code.
S
EC
. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data prod-
ucts, for necessary expenses incurred pursuant to chapter 63 of
title 49, United States Code, may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bureau for
such expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid highway and highway safety
construction programs.
S
EC
. 122. Not less than 15 days prior to waiving, under his
or her statutory authority, any Buy America requirement for Fed-
eral-aid highways projects, the Secretary of Transportation shall
make an informal public notice and comment opportunity on the
intent to issue such waiver and the reasons therefor: Provided,
That the Secretary shall provide an annual report to the House
and Senate Committees on Appropriations on any waivers granted
under the Buy America requirements.
S
EC
. 123. None of the funds provided in this Act to the Depart-
ment of Transportation may be used to provide credit assistance
unless not less than 3 days before any application approval to
provide credit assistance under sections 603 and 604 of title 23,
United States Code, the Secretary of Transportation provides
notification in writing to the following committees: the House and
Senate Committees on Appropriations; the Committee on Environ-
ment and Public Works and the Committee on Banking, Housing
Deadline.
Notification.
Reports.
Deadline.
Waiver authority.
Public
information.
Notice.
23 USC 313 note.
Deadline.
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133 STAT. 2952 PUBLIC LAW 116–94—DEC. 20, 2019
and Urban Affairs of the Senate; and the Committee on Transpor-
tation and Infrastructure of the House of Representatives: Provided,
That such notification shall include, but not be limited to, the
name of the project sponsor; a description of the project; whether
credit assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
S
EC
. 124. None of the funds provided in this Act may be
used to make a grant for a project under section 117 of title
23, United States Code, unless the Secretary, at least 60 days
before making a grant under that section, provides written notifica-
tion to the House and Senate Committees on Appropriations of
the proposed grant, including an evaluation and justification for
the project and the amount of the proposed grant award: Provided,
That the written notification required in the previous proviso shall
be made no later than 180 days after enactment of this Act.
S
EC
. 125. (a) A State or territory, as defined in section 165
of title 23, United States Code, may use for any project eligible
under section 133(b) of title 23 or section 165 of title 23 and
located within the boundary of the State or territory any earmarked
amount, and any associated obligation limitation: Provided, That
the Department of Transportation for the State or territory for
which the earmarked amount was originally designated or directed
notifies the Secretary of Transportation of its intent to use its
authority under this section and submits a quarterly report to
the Secretary identifying the projects to which the funding would
be applied. Notwithstanding the original period of availability of
funds to be obligated under this section, such funds and associated
obligation limitation shall remain available for obligation for a
period of 3 fiscal years after the fiscal year in which the Secretary
of Transportation is notified. The Federal share of the cost of
a project carried out with funds made available under this section
shall be the same as associated with the earmark.
(b) In this section, the term ‘‘earmarked amount’’ means—
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of
the Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was author-
ized to be appropriated or appropriated more than 10 fiscal
years prior to the current fiscal year, and administered by
the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only
for those projects or activities that have obligated less than 10
percent of the amount made available for obligation as of October
1 of the current fiscal year, and shall be applied to projects within
the same general geographic area within 25 miles for which the
funding was designated, except that a State or territory may apply
such authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed and for
which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter
to the House and Senate Committees on Appropriations.
Reports.
Time period.
Applicability.
Definition.
Notification.
Reports.
Time period.
Notification.
Deadline.
Deadline.
Notification.
Evaluation.
Notification.
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133 STAT. 2953 PUBLIC LAW 116–94—DEC. 20, 2019
S
EC
. 126. The following are repealed:
(1) Section 352 of the National Highway System Designa-
tion Act of 1995 (Public Law 104–59, 109 Stat. 568).
(2) Section 324 of the Department of Transportation and
Related Agencies Appropriations Act, 1986 (Public Law 99–
190; 99 Stat. 1288).
(3) Section 325 of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (Public Law 104–
50; 109 Stat. 456).
Notwithstanding any other provision of law, tolls collected for motor
vehicles on any bridge connecting the boroughs of Brooklyn, New
York, and Staten Island, New York, shall be collected for any
such vehicles exiting from such bridge in both Staten Island and
Brooklyn.
S
EC
. 127. Section 125(d) of title 23, United States Code, is
amended by striking paragraph (4).
S
EC
. 128. Until final guidance is published, the Administrator
of the Federal Highway Administration shall make determinations
on Buy America waivers for those waivers that were submitted
before April 17, 2018, as if the notice of proposed rulemaking
of that date was not in effect.
S
EC
. 129. Section 1948 of SAFETEA–LU (Public Law 109–
59; 119 Stat. 1514) is repealed.
S
EC
. 129A. Section 119(e)(5) of title 23, United States Code,
is amended to read as follows:
‘‘(5) R
EQUIREMENT FOR PLAN
.—
‘‘(A) I
N GENERAL
.—Notwithstanding section 120, each
fiscal year, if the Secretary determines that a State has
not developed and implemented a State asset management
plan consistent with this section, the Federal share payable
on account of any project or activity for which funds are
obligated by the State in that fiscal year under this section
shall be 65 percent.
‘‘(B) D
ETERMINATION
.—The Secretary shall make the
determination under subparagraph (A) for a fiscal year
not later than the day before the beginning of such fiscal
year.’’.
F
EDERAL
M
OTOR
C
ARRIER
S
AFETY
A
DMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations
and programs pursuant to section 31110 of title 49, United States
Code, as amended by the Fixing America’s Surface Transportation
Act, $288,000,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account), together with advances
and reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until
expended: Provided, That funds available for implementation,
execution or administration of motor carrier safety operations and
Deadline.
Determination.
Repeal.
Determinations.
Waivers.
Notice.
Tolls.
New York.
109 Stat. 623.
Repeal.
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133 STAT. 2954 PUBLIC LAW 116–94—DEC. 20, 2019
programs authorized under title 49, United States Code, shall not
exceed total obligations of $288,000,000 for ‘‘Motor Carrier Safety
Operations and Programs’’ for fiscal year 2020, of which $9,073,000,
to remain available for obligation until September 30, 2022, is
for the research and technology program, and of which $35,334,000,
to remain available for obligation until September 30, 2022, is
for information management.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out sections
31102, 31103, 31104, and 31313 of title 49, United States Code,
as amended by the Fixing America’s Surface Transportation Act,
$391,135,561, to be derived from the Highway Trust Fund (other
than the Mass Transit Account) and to remain available until
expended: Provided, That funds available for the implementation
or execution of motor carrier safety programs shall not exceed
total obligations of $391,135,561 in fiscal year 2020 for ‘‘Motor
Carrier Safety Grants’’: Provided further, That of the sums appro-
priated under this heading:
(1) $308,700,000 shall be available for the motor carrier
safety assistance program;
(2) $33,200,000 shall be available for the commercial
driver’s license program implementation program;
(3) $45,900,000 shall be available for the high priority
activities program, of which $1,000,000 is to be made available
from prior year unobligated contract authority provided for
Motor Carrier Safety in the Transportation Equity Act for
the 21st Century (Public Law 105–178), SAFETEA–LU (Public
Law 109–59), or other appropriations or authorization Acts;
and
(4) $3,335,561 shall be made available for commercial motor
vehicle operators grants, of which $2,335,561 is to be made
available from prior year unobligated contract authority pro-
vided for Motor Carrier Safety in the Transportation Equity
Act for the 21st Century (Public Law 105–178), SAFETEA–
LU (Public Law 109–59), or other appropriations or authoriza-
tion Acts.
ADMINISTRATIVE PROVISIONS
—
FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION
S
EC
. 130. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by certified
mail, registered mail, or another manner of delivery, which records
the receipt of the notice by the persons responsible for the violations.
S
EC
. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any
other Act may be obligated or expended to implement, administer,
or enforce the requirements of section 31137 of title 49, United
States Code, or any regulation issued by the Secretary pursuant
to such section, with respect to the use of electronic logging devices
Notice.
Mail.
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133 STAT. 2955 PUBLIC LAW 116–94—DEC. 20, 2019
by operators of commercial motor vehicles, as defined in section
31132(1) of such title, transporting livestock as defined in section
602 of the Emergency Livestock Feed Assistance Act of 1988 (7
U.S.C. 1471) or insects.
S
EC
. 132. The Federal Motor Carrier Safety Administration
shall update annual inspection regulations under Appendix G to
subchapter B of chapter III of title 49, Code of Federal Regulations,
as recommended by GAO–19–264.
N
ATIONAL
H
IGHWAY
T
RAFFIC
S
AFETY
A
DMINISTRATION
OPERATIONS AND RESEARCH
For expenses necessary to discharge the functions of the Sec-
retary, with respect to traffic and highway safety authorized under
chapter 301 and part C of subtitle VI of title 49, United States
Code, $194,000,000, of which $40,000,000 shall remain available
through September 30, 2021.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out the provi-
sions of 23 U.S.C. 403, including behavioral research on Automated
Driving Systems and Advanced Driver Assistance Systems and
improving consumer responses to safety recalls, section 4011 of
the Fixing America’s Surface Transportation Act (Public Law 114–
94), and chapter 303 of title 49, United States Code, $155,300,000,
to be derived from the Highway Trust Fund (other than the Mass
Transit Account) and to remain available until expended: Provided,
That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which,
in fiscal year 2020, are in excess of $155,300,000: Provided further,
That of the sums appropriated under this heading—
(1) $149,800,000 shall be for programs authorized under
23 U.S.C. 403, including behavioral research on Automated
Driving Systems and Advanced Driver Assistance Systems and
improving consumer responses to safety recalls, and section
4011 of the Fixing America’s Surface Transportation Act (Public
Law 114–94); and
(2) $5,500,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $155,300,000 obligation limitation
for operations and research, $20,000,000 shall remain available
until September 30, 2021, and shall be in addition to the amount
of any limitation imposed on obligations for future years: Provided
further, That amounts for behavioral research on Automated
Driving Systems and Advanced Driver Assistance Systems and
improving consumer responses to safety recalls are in addition
to any other funds provided for those purposes for fiscal year
2020 in this Act.
Regulations.
49 USC 31142
note.
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133 STAT. 2956 PUBLIC LAW 116–94—DEC. 20, 2019
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out provisions
of 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America’s Surface Transportation Act, to remain available until
expended, $623,017,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account): Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs for which the total obligations in fiscal year
2020 are in excess of $623,017,000 for programs authorized under
23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America’s Surface Transportation Act: Provided further, That of
the sums appropriated under this heading—
(1) $279,800,000 shall be for ‘‘Highway Safety Programs’’
under 23 U.S.C. 402;
(2) $285,900,000 shall be for ‘‘National Priority Safety Pro-
grams’’ under 23 U.S.C. 405;
(3) $30,500,000 shall be for the ‘‘High Visibility Enforce-
ment Program’’ under 23 U.S.C. 404; and
(4) $26,817,000 shall be for ‘‘Administrative Expenses’’
under section 4001(a)(6) of the Fixing America’s Surface
Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office fur-
nishings and fixtures for State, local or private buildings or struc-
tures: Provided further, That not to exceed $500,000 of the funds
made available for ‘‘National Priority Safety Programs’’ under 23
U.S.C. 405 for ‘‘Impaired Driving Countermeasures’’ (as described
in subsection (d) of that section) shall be available for technical
assistance to the States: Provided further, That with respect to
the ‘‘Transfers’’ provision under 23 U.S.C. 405(a)(8), any amounts
transferred to increase the amounts made available under section
402 shall include the obligation authority for such amounts: Pro-
vided further, That the Administrator shall notify the House and
Senate Committees on Appropriations of any exercise of the
authority granted under the previous proviso or under 23 U.S.C.
405(a)(8) within 5 days.
ADMINISTRATIVE PROVISIONS
—
NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
S
EC
. 140. An additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the
amount limited for section 402 of title 23, United States Code,
to pay for travel and related expenses for State management reviews
and to pay for core competency development training and related
expenses for highway safety staff.
S
EC
. 141. The limitations on obligations for the programs of
the National Highway Traffic Safety Administration set in this
Act shall not apply to obligations for which obligation authority
was made available in previous public laws but only to the extent
that the obligation authority has not lapsed or been used.
Notification.
Deadline.
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133 STAT. 2957 PUBLIC LAW 116–94—DEC. 20, 2019
S
EC
. 142. In addition to the amounts made available under
the heading, ‘‘Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)’’
for carrying out the provisions of section 403 of title 23, United
States Code, $17,000,000, to remain available until September 30,
2021, shall be made available to the National Highway Traffic
Safety Administration from the general fund: Provided, That of
the sums provided under this provision—
(1) not to exceed $7,000,000 shall be available to provide
funding for grants, pilot program activities, and innovative solutions
to reduce impaired-driving fatalities in collaboration with eligible
entities under section 403 of title 23, United States Code; and
(2) not to exceed $10,000,000 shall be available to continue
a high visibility enforcement paid-media campaign regarding high-
way-rail grade crossing safety in collaboration with the Federal
Railroad Administration.
S
EC
. 143. None of the funds in this Act or any other Act
shall be used to enforce the requirements of 23 U.S.C. 405(a)(9).
F
EDERAL
R
AILROAD
A
DMINISTRATION
SAFETY AND OPERATIONS
For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $224,198,000, of which $20,000,000 shall
remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development,
$40,600,000, to remain available until expended.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The Secretary of Transportation is authorized to issue direct
loans and loan guarantees pursuant to sections 501 through 504
of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94–210), as amended, such authority shall exist as
long as any such direct loan or loan guarantee is outstanding.
FEDERAL
-
STATE PARTNERSHIP FOR STATE OF GOOD REPAIR
For necessary expenses related to Federal-State Partnership
for State of Good Repair Grants as authorized by section 24911
of title 49, United States Code, $200,000,000, to remain available
until expended: Provided, That the Secretary may withhold up
to one percent of the amount provided under this heading for
the costs of award and project management oversight of grants
carried out under section 24911 of title 49, United States Code:
Provided further, That the Secretary shall issue the Notice of
Funding Opportunity for funds provided under this heading con-
sistent with section 24911 of title 49, United States Code, no later
than 180 days after enactment of this Act: Provided further, That
the Secretary shall review all applications received in response
to the Notice of Funding Opportunity required in the previous
proviso: Provided further, That the Secretary shall announce the
selection of projects to receive awards for the funds described in
Announcement.
Deadline.
Review.
Notice.
Deadline.
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133 STAT. 2958 PUBLIC LAW 116–94—DEC. 20, 2019
the previous two provisos no later than 1 year of enactment of
this Act.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
For necessary expenses related to Consolidated Rail Infrastruc-
ture and Safety Improvements Grants, as authorized by section
22907 of title 49, United States Code, $325,000,000, to remain
available until expended: Provided, That section 22905(f) of title
49, United States Code, shall not apply to projects for the
implementation of positive train control systems otherwise eligible
under section 22907(c)(1) of title 49, United States Code: Provided
further, That amounts available under this heading for projects
selected for commuter rail passenger transportation may be trans-
ferred by the Secretary, after selection, to the appropriate agencies
to be administered in accordance with chapter 53 of title 49, United
States Code: Provided further, That the Secretary shall not limit
eligible projects from consideration for funding for planning,
engineering, environmental, construction, and design elements of
the same project in the same application: Provided further, That
unobligated balances remaining after 4 years from the date of
enactment may be used for any eligible project under section
22907(c) of title 49, United States Code: Provided further, That
the Secretary may withhold up to one percent of the amount pro-
vided under this heading for the costs of award and project manage-
ment oversight of grants carried out under section 22907 of title
49, United States Code: Provided further, That of the sums appro-
priated under this heading, $45,000,000 shall be available for
projects eligible under section 22907(c)(2) of title 49, United States
Code, that require the acquisition of rights-of-way, track, or track
structure to support the development of new intercity passenger
rail service routes: Provided further, That for amounts available
under this heading eligible recipients under section 22907(b) of
title 49, United States Code, shall include any holding company
of a Class II railroad or Class III railroad (as those terms are
defined in section 20102 of title 49, United States Code): Provided
further, That the Secretary shall issue the Notice of Funding Oppor-
tunity that encompasses funds provided under this heading in this
Act no later than 120 days after enactment of this Act and announce
the selection of projects to receive awards for such funds no later
than 300 days after the enactment of this Act: Provided further,
That the Notice of Funding Opportunity under the previous proviso
shall require application submissions 60 days after the publishing
of such Notice.
MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT PROGRAM
For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in sec-
tion 1307(a) through (c) of Public Law 109–59, as amended by
section 102 of Public Law 110–244 (section 322 of title 23, United
States Code), $2,000,000, to remain available until expended.
RESTORATION AND ENHANCEMENT
For necessary expenses related to Restoration and Enhance-
ment Grants, as authorized by section 24408 of title 49, United
Requirement.
Deadline.
Publication.
Notice.
Announcement.
Deadlines.
Time period.
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133 STAT. 2959 PUBLIC LAW 116–94—DEC. 20, 2019
States Code, $2,000,000, to remain available until expended: Pro-
vided, That the Secretary may withhold up to one percent of the
funds provided under this heading to fund the costs of award
and project management and oversight.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities associ-
ated with the Northeast Corridor as authorized by section 11101(a)
of the Fixing America’s Surface Transportation Act (division A
of Public Law 114–94), $700,000,000, to remain available until
expended: Provided, That the Secretary may retain up to one-
half of 1 percent of the funds provided under both this heading
and the ‘‘National Network Grants to the National Railroad Pas-
senger Corporation’’ heading to fund the costs of project manage-
ment and oversight of activities authorized by section 11101(c)
of division A of Public Law 114–94: Provided further, That in
addition to the project management oversight funds authorized
under section 11101(c) of division A of Public Law 114–94, the
Secretary may retain up to an additional $5,000,000 of the funds
provided under this heading to fund expenses associated with the
Northeast Corridor Commission established under section 24905
of title 49, United States Code: Provided further, That of the
amounts made available under this heading and the ‘‘National
Network Grants to the National Railroad Passenger Corporation’’
heading, not less than $50,000,000 shall be made available to
bring Amtrak-served facilities and stations into compliance with
the Americans with Disabilities Act: Provided further, That of the
amounts made available under this heading and the ‘‘National
Network Grants to the National Railroad Passenger Corporation’’
heading, $100,000,000 shall be made available to fund the replace-
ment of the single-level passenger cars used on Northeast Corridor,
State Supported Corridor, and Long Distance routes.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities associ-
ated with the National Network as authorized by section 11101(b)
of the Fixing America’s Surface Transportation Act (division A
of Public Law 114–94), $1,300,000,000, to remain available until
expended: Provided, That the Secretary may retain up to an addi-
tional $2,000,000 of the funds provided under this heading to fund
expenses associated with the State-Supported Route Committee
established under section 24712 of title 49, United States Code:
Provided further, That at least $50,000,000 of the amount provided
under this heading shall be available for the development, installa-
tion and operation of railroad safety technology, including the
implementation of a positive train control system, on State-sup-
ported routes as defined under section 24102(13) of title 49, United
States Code, on which positive train control systems are not
required by law or regulation: Provided further, That none of the
funds provided under this heading shall be used by Amtrak to
give notice under subsection (a) or (b) of section 24706 of title
49, United States Code, with respect to long-distance routes (as
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133 STAT. 2960 PUBLIC LAW 116–94—DEC. 20, 2019
defined in section 24102 of title 49, United States Code) on which
Amtrak is the sole operator on a host railroad’s line and a positive
train control system is not required by law or regulation, or, except
in an emergency or during maintenance or construction outages
impacting such routes, to otherwise discontinue, reduce the fre-
quency of, suspend, or substantially alter the route of rail service
on any portion of such route operated in fiscal year 2018, including
implementation of service permitted by section 24305(a)(3)(A) of
title 49, United States Code, in lieu of rail service.
ADMINISTRATIVE PROVISIONS
—
FEDERAL RAILROAD ADMINISTRATION
S
EC
. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That
the President of Amtrak may waive the cap set in the previous
proviso for specific employees when the President of Amtrak deter-
mines such a cap poses a risk to the safety and operational efficiency
of the system: Provided further, That the President of Amtrak
shall report to the House and Senate Committees on Appropriations
within 60 days of enactment of this Act, a summary of all overtime
payments incurred by the Corporation for 2019 and the three prior
calendar years: Provided further, That such summary shall include
the total number of employees that received waivers and the total
overtime payments the Corporation paid to those employees
receiving waivers for each month for 2019 and for the three prior
calendar years.
S
EC
. 151. None of the funds provided to the National Railroad
Passenger Corporation under the headings ‘‘Northeast Corridor
Grants to the National Railroad Passenger Corporation’’ and
‘‘National Network Grants to the National Railroad Passenger Cor-
poration’’ may be used to reduce the total number of Amtrak Police
Department uniformed officers patrolling on board passenger trains
or at stations, facilities or rights-of-way below the staffing level
on May 1, 2019.
S
EC
. 152. It is the sense of Congress that—
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas;
and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
S
EC
. 153. None of the funds made available by this Act may
be used by the National Railroad Passenger Corporation in con-
travention of the Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2101 et seq.).
F
EDERAL
T
RANSIT
A
DMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Federal Transit
Administration’s programs authorized by chapter 53 of title 49,
United States Code, $117,000,000, of which $15,000,000 shall
remain available until September 30, 2021, and up to $1,000,000
shall be available to carry out the provisions of section 5326 of
Summary.
Reports.
Deadline.
Summary.
Time period.
Waiver authority.
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133 STAT. 2961 PUBLIC LAW 116–94—DEC. 20, 2019
such title: Provided, That upon submission to the Congress of
the fiscal year 2021 President’s budget, the Secretary of Transpor-
tation shall transmit to Congress the annual report on Capital
Investment Grants, including proposed allocations for fiscal year
2021.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment
of obligations incurred in carrying out the provisions of 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337,
5339, and 5340, as amended by the Fixing America’s Surface
Transportation Act, section 20005(b) of Public Law 112–141, and
section 3006(b) of the Fixing America’s Surface Transportation Act,
$10,800,000,000, to be derived from the Mass Transit Account of
the Highway Trust Fund and to remain available until expended:
Provided, That funds available for the implementation or execution
of programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America’s Surface Transportation Act, sec-
tion 20005(b) of Public Law 112–141, and section 3006(b) of the
Fixing America’s Surface Transportation Act, shall not exceed total
obligations of $10,150,348,462 in fiscal year 2020: Provided further,
That the Federal share of the cost of activities carried out under
49 U.S.C. section 5312 shall not exceed 80 percent, except that
if there is substantial public interest or benefit, the Secretary
may approve a greater Federal share: Provided further, That in
addition to the amounts appropriated for purposes of 49 U.S.C.
5338(e), not less than 2 percent of the funds appropriated or avail-
able for the purposes of 49 U.S.C. 5338(f) shall be available for
the purposes of 49 U.S.C. 5338(e).
TRANSIT INFRASTRUCTURE GRANTS
For an additional amount for buses and bus facilities grants
under section 5339 of title 49, United States Code, low or no
emission grants under section 5339(c) of such title, formula grants
to rural areas under section 5311 of such title, high density state
apportionments under section 5340(d) of such title, the demonstra-
tion and deployment of innovative mobility solutions as authorized
under section 5312 of such title, bus testing facilities under sections
5312 and 5318 of such title, and for grants to areas of persistent
poverty, $510,000,000, to remain available until expended: Provided,
That of the sums provided under this heading—
(1) $338,000,000 shall be available for the buses and bus
facilities competitive grants as authorized under section 5339
of such title, of which $168,000,000 shall be available for the
buses and bus facilities formula grants as authorized under
section 5339(a) of such title, and $170,000,000 shall be available
for buses and bus facilities competitive grants as authorized
under section 5339(b) of such title;
Reports.
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133 STAT. 2962 PUBLIC LAW 116–94—DEC. 20, 2019
(2) $75,000,000 shall be available for the low or no emission
grants as authorized under section 5339(c) of such title: Pro-
vided, That the minimum grant award shall be not less than
$750,000;
(3) $40,000,000 shall be available for formula grants for
rural areas as authorized under section 5311 of such title;
(4) $40,000,000 shall be available for the high density
state apportionments as authorized under section 5340(d) of
such title;
(5) Notwithstanding section 5318(a) of such title,
$3,000,000 shall be available for the operation and maintenance
of bus testing facilities by institutions of higher education
selected pursuant to section 5312(h): Provided, That the Sec-
retary shall enter into a contract or cooperative agreement
with, or make a grant to, each institution of higher education
selected pursuant to section 5312(h) of such title, to operate
and maintain a facility to conduct the testing of low or no
emission vehicle new bus models using the standards estab-
lished pursuant to section 5318(e)(2) of such title: Provided
further, That the term ‘‘low or no emission vehicle’’ has the
meaning given the term in section 5312(e)(6) of such title:
Provided further, That the Secretary shall pay 80 percent of
the cost of testing a low or no emission vehicle new bus model
at each selected institution of higher education: Provided fur-
ther, That the entity having the vehicle tested shall pay 20
percent of the cost of testing: Provided further, That a low
or no emission vehicle new bus model tested that receives
a passing aggregate test score in accordance with the standards
established under section 5318(e)(2) of such title, shall be
deemed to be in compliance with the requirements of section
5318(e) of such title;
(6) $5,500,000 shall be available for the demonstration
and deployment of innovative mobility solutions as authorized
under section 5312 of such title; and
(7) $8,500,000 shall be available for competitive grants
to eligible entities to assist areas of persistent poverty: Pro-
vided, That areas of persistent poverty means any county that
has consistently had 20 percent or more of the population
living in poverty over the 30 years preceding the date of enact-
ment of this Act, as measured by the 1990 and 2000 decennial
census and the most recent Small Area Income and Poverty
Estimates, or any census tract with a poverty rate of at least
20 percent as measured by the 2013–2017 5-year data series
available from the American Community Survey of the Census
Bureau: Provided further, That grants shall be for planning,
engineering, or development of technical, or financing plans
for projects eligible under chapter 53 of title 49, United States
Code: Provided further, That eligible entities are those defined
as eligible recipients or subrecipients under sections 5307, 5310
or 5311 of title 49, United States Code, and are in areas
of persistent poverty: Provided further, That the Federal Transit
Administration should complete outreach to such counties and
the departments of transportation within applicable States via
personal contact, webinars, web materials and other appro-
priate methods determined by the Administrator: Provided fur-
ther, That State departments of transportation may apply on
behalf of eligible entities within their States: Provided further,
Grants.
Plans.
Definition.
Contracts.
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133 STAT. 2963 PUBLIC LAW 116–94—DEC. 20, 2019
That the Federal Transit Administration should encourage
grantees to work with non-profits or other entities of their
choosing in order to develop planning, technical, engineering,
or financing plans: Provided further, That the Federal Transit
Administration should encourage grantees to partner with non-
profits that can assist with making projects low or no emissions:
Provided further, That projects funded under paragraph (7)
of this heading shall be for not less than 90 percent of the
net total project cost:
Provided further, That amounts made available by this heading
shall be derived from the general fund: Provided further, That
the amounts made available under this heading shall not be subject
to any limitation on obligations for transit programs set forth in
any Act.
TECHNICAL ASSISTANCE AND TRAINING
For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000,
to remain available until September 30, 2021, of which not less
than $2,500,000 shall be for a cooperative agreement through which
the Federal Transit Administration assists transit recipients with
frontline workforce development and standards based training in
maintenance and operations through an agreement with a national
nonprofit organization with a demonstrated capacity to develop
and provide such programs though labor management partnerships
and apprenticeships: Provided, That the assistance provided under
this heading does not duplicate the activities of 49 U.S.C. 5311(b)
or 49 U.S.C. 5312.
CAPITAL INVESTMENT GRANTS
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States
Code, and section 3005(b) of the Fixing America’s Surface Transpor-
tation Act, $1,978,000,000, to remain available until September
30, 2023: Provided, That of the amounts made available under
this heading, $1,681,300,000 shall be allocated by December 31,
2021: Provided further, That of the amounts made available under
this heading, $1,458,000,000 shall be available for projects author-
ized under section 5309(d) of title 49, United States Code,
$300,000,000 shall be available for projects authorized under section
5309(e) of title 49, United States Code, $100,000,000 shall be avail-
able for projects authorized under section 5309(h) of title 49, United
States Code, and $100,000,000 shall be available for projects author-
ized under section 3005(b) of the Fixing America’s Surface Transpor-
tation Act: Provided further, That the Secretary shall continue
to administer the capital investment grants program in accordance
with the procedural and substantive requirements of section 5309
of title 49, United States Code, and of section 3005(b) of the Fixing
America’s Surface Transportation Act: Provided further, That
projects that receive a grant agreement under the Expedited Project
Delivery for Capital Investment Grants Pilot Program under section
3005(b) of the Fixing America’s Surface Transportation Act shall
be deemed eligible for funding provided for projects under section
5309 of title 49, United States Code, without further evaluation
or rating under such section: Provided further, That such funding
shall not exceed the Federal share under section 3005(b).
Continuation.
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133 STAT. 2964 PUBLIC LAW 116–94—DEC. 20, 2019
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of Public
Law 110–432, $150,000,000, to remain available until expended:
Provided, That the Secretary of Transportation shall approve grants
for capital and preventive maintenance expenditures for the Wash-
ington Metropolitan Area Transit Authority only after receiving
and reviewing a request for each specific project: Provided further,
That the Secretary shall determine that the Washington Metropoli-
tan Area Transit Authority has placed the highest priority on
those investments that will improve the safety of the system before
approving such grants: Provided further, That the Secretary, in
order to ensure safety throughout the rail system, may waive the
requirements of section 601(e)(1) of division B of Public Law 110–
432.
ADMINISTRATIVE PROVISIONS
—
FEDERAL TRANSIT ADMINISTRATION
S
EC
. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
S
EC
. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ‘‘Fixed Guide-
way Capital Investment’’ of the Federal Transit Administration
for projects specified in this Act or identified in reports accom-
panying this Act not obligated by September 30, 2023, and other
recoveries, shall be directed to projects eligible to use the funds
for the purposes for which they were originally provided.
S
EC
. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2019, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure, may be transferred to and administered under
the most recent appropriation heading for any such section.
S
EC
. 163. No funds in this or any other Act shall be used
to adjust apportionments or withhold funds from apportionments
pursuant to 26 U.S.C. 9503(e)(4).
S
EC
. 164. An eligible recipient of a grant under section 5339(c)
may submit an application in partnership with other entities,
including a transit vehicle manufacturer, that intend to participate
in the implementation of a project under section 5339(c) of title
49, United States Code, and a project awarded with such partner-
ship shall be treated as satisfying the requirement for a competitive
procurement under section 5325(a) of title 49, United States Code,
for the named entity.
S
EC
. 165. None of the funds made available in this or any
other Act shall be used to impede or hinder project advancement
or approval for any project seeking a Federal contribution from
the capital investment grant program of greater than 40 percent
of project costs as authorized under 49 U.S.C. 5309.
S
EC
. 166. None of the funds made available under this Act
may be used for the implementation or furtherance of new policies
detailed in the ‘‘Dear Colleague’’ letter distributed by the Federal
Transit Administration to capital investment grant program project
sponsors on June 29, 2018.
Reports.
Waiver authority.
Determination.
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133 STAT. 2965 PUBLIC LAW 116–94—DEC. 20, 2019
S
AINT
L
AWRENCE
S
EAWAY
D
EVELOPMENT
C
ORPORATION
The Saint Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits
of funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and commit-
ments without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation’s budget for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses to conduct the operations, maintenance,
and capital asset renewal activities on those portions of the Saint
Lawrence Seaway owned, operated, and maintained by the Saint
Lawrence Seaway Development Corporation, $38,000,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to
Public Law 99–662: Provided, That of the amounts made available
under this heading, not less than $16,000,000 shall be used on
capital asset renewal activities.
M
ARITIME
A
DMINISTRATION
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $300,000,000, to remain available until expended.
OPERATIONS AND TRAINING
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of operations and training activities
authorized by law, $152,589,000: Provided, That of the sums appro-
priated under this heading—
(1) $80,216,000 shall remain available until September 30,
2021 for the operations of the United States Merchant Marine
Academy;
(2) $5,225,000 shall remain available until expended for
the maintenance and repair, and equipment at the United
States Merchant Marine Academy;
(3) $3,000,000 shall remain available until September 30,
2021 for the Maritime Environment and Technology Assistance
program authorized under section 50307 of title 46, United
States Code; and
(4) $9,775,000, shall remain available until expended for
the Short Sea Transportation Program (America’s Marine High-
ways) to make grants for the purposes authorized under sec-
tions 55601(b)(1) and (3) of title 46, United States Code:
Provided further, That not later than 120 days after enactment
of this Act, the Administrator of the Maritime Administration shall
transmit to the House and Senate Committees on Appropriations
the annual report on sexual assault and sexual harassment at
the United States Merchant Marine Academy as required pursuant
Reports.
Sexual assault.
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133 STAT. 2966 PUBLIC LAW 116–94—DEC. 20, 2019
to section 3507 of Public Law 110–417: Provided further, That
available balances under this heading for the Short Sea Transpor-
tation Program (America’s Marine Highways) from prior year recov-
eries shall be available to carry out activities authorized under
sections 55601(b)(1) and (3) of title 46, United States Code: Provided
further, That from funds provided under paragraphs (3) and (4)
of the first proviso, the Secretary of Transportation shall make
grants no later than 180 days after enactment of this Act in such
amounts as the Secretary determines: Provided further, That any
unobligated balances and obligated balances not yet expended from
previous appropriations under this heading for programs and activi-
ties supporting State Maritime Academies shall be transferred to
and merged with the appropriations for ‘‘Maritime Administration—
State Maritime Academy Operations’’ and shall be made available
for the same purposes as the appropriations for ‘‘Maritime Adminis-
tration—State Maritime Academy Operations’’.
STATE MARITIME ACADEMY OPERATIONS
For necessary expenses of operations, support and training
activities for State Maritime Academies, $342,280,000: Provided,
That of the sums appropriated under this heading—
(1) $30,080,000, to remain available until expended, shall
be for maintenance, repair, life extension, marine insurance,
and capacity improvement of National Defense Reserve Fleet
training ships in support of State Maritime Academies, of which
$8,080,000, to remain available until expended, shall be for
expenses related to training mariners for costs associated with
training vessel sharing pursuant to 46 U.S.C. 51504(g)(3) for
costs associated with mobilizing, operating and demobilizing
the vessel, including travel costs for students, faculty and crew,
the costs of the general agent, crew costs, fuel, insurance,
operational fees, and vessel hire costs, as determined by the
Secretary;
(2) $300,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration, and
design of school ships;
(3) $2,400,000 shall remain available through September
30, 2021, for the Student Incentive Program;
(4) $3,800,000 shall remain available until expended for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2021, for direct payments for State Maritime Academies.
ASSISTANCE TO SMALL SHIPYARDS
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, as amended by Public
Law 113–281, $20,000,000, to remain available until expended.
SHIP DISPOSAL
For necessary expenses related to the disposal of obsolete ves-
sels in the National Defense Reserve Fleet of the Maritime Adminis-
tration, $5,000,000, to remain available until expended.
Grants.
Deadline.
Determination.
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133 STAT. 2967 PUBLIC LAW 116–94—DEC. 20, 2019
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged
with the appropriations for ‘‘Operations and Training’’, Maritime
Administration.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
To make grants to improve port facilities as authorized under
section 50302 of title 46, United States Code, $225,000,000 to
remain available until expended: Provided, That projects eligible
for funding provided under this heading shall be projects for coastal
seaports, inland river ports, or Great Lakes ports: Provided further,
That of the amounts made available under this heading, no less
than $200,000,000 shall be for coastal seaports or Great Lakes
ports: Provided further, That the Maritime Administration shall
distribute funds provided under this heading as discretionary grants
to port authorities or commissions or their subdivisions and agents
under existing authority, as well as to a State or political subdivi-
sion of a State or local government, a tribal government, a public
agency or publicly chartered authority established by one or more
States, a special purpose district with a transportation function,
a multistate or multijurisdictional group of entities, or a lead entity
described above jointly with a private entity or group of private
entities: Provided further, That projects eligible for funding provided
under this heading shall be designed to improve the safety, effi-
ciency, or reliability of the movement of goods into, out of, around,
or within a port and located—
(1) within the boundary of a port, or
(2) outside the boundary of a port, and directly related
to port operations, or to an intermodal connection to a port:
Provided further, That project awards eligible under this heading
shall be only for—
(1) port gate improvements;
(2) road improvements both within and connecting to the
port;
(3) rail improvements both within and connecting to the
port;
(4) berth improvements (including docks, wharves, piers
and dredging incidental to the improvement project);
(5) fixed landside improvements in support of cargo oper-
ations (such as silos, elevators, conveyors, container terminals,
Ro/Ro structures including parking garages necessary for inter-
modal freight transfer, warehouses including refrigerated facili-
ties, lay-down areas, transit sheds, and other such facilities);
(6) utilities necessary for safe operations (including
lighting, stormwater, and other such improvements that are
incidental to a larger infrastructure project); or
(7) a combination of activities described above:
Provided further, That the Federal share of the costs for which
an expenditure is made under this heading shall be up to 80
percent: Provided further, That for grants awarded under this
heading, the minimum grant size shall be $1,000,000: Provided
further, That for grant awards less than $10,000,000, the Secretary
shall prioritize ports that handled less than 10,000,000 short tons
Priority.
Distribution.
Grants.
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133 STAT. 2968 PUBLIC LAW 116–94—DEC. 20, 2019
in 2017, as identified by the U.S. Army Corps of Engineers: Provided
further, That for grant awards less than $10,000,000, the Secretary
may increase the Federal share of costs above 80 percent: Provided
further, That not to exceed 2 percent of the funds appropriated
under this heading shall be available for necessary costs of grant
administration.
ADMINISTRATIVE PROVISIONS
—
MARITIME ADMINISTRATION
S
EC
. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime Administration
is authorized to furnish utilities and services and make necessary
repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration: Provided, That payments received therefor shall
be credited to the appropriation charged with the cost thereof
and shall remain available until expended: Provided further, That
rental payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall be covered
into the Treasury as miscellaneous receipts.
P
IPELINE AND
H
AZARDOUS
M
ATERIALS
S
AFETY
A
DMINISTRATION
OPERATIONAL EXPENSES
For necessary operational expenses of the Pipeline and Haz-
ardous Materials Safety Administration, $24,215,000, of which
$1,500,000 shall remain available until September 30, 2022: Pro-
vided, That no later than 90 days after enactment of this Act,
the Secretary of Transportation shall initiate a rulemaking on auto-
matic and remote-controlled shut-off valves and hazardous liquid
pipeline facilities leak detection systems as required under section
4 and section 8 of the Pipeline Safety, Regulatory Certainty, and
Job Creation Act of 2011 (Public Law 112–90), respectively, and
shall issue a final rule no later than one year after enactment
of this Act.
HAZARDOUS MATERIALS SAFETY
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $61,000,000, of which $11,000,000 shall remain
available until September 30, 2022: Provided, That up to $800,000
in fees collected under 49 U.S.C. 5108(g) shall be deposited in
the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and dissemi-
nation, and for travel expenses incurred in performance of haz-
ardous materials exemptions and approvals functions.
Deadlines.
Regulations.
49 USC 60102
note.
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133 STAT. 2969 PUBLIC LAW 116–94—DEC. 20, 2019
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
For expenses necessary to carry out a pipeline safety program,
as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990,
$168,000,000, to remain available until September 30, 2022, of
which $23,000,000 shall be derived from the Oil Spill Liability
Trust Fund; of which $137,000,000 shall be derived from the Pipe-
line Safety Fund; and of which $8,000,000 shall be derived from
fees collected under 49 U.S.C. 60302 and deposited in the Under-
ground Natural Gas Storage Facility Safety Account for the purpose
of carrying out 49 U.S.C. 60141: Provided, That not less than
$1,058,000 of the funds provided under this heading shall be for
the One-Call State grant program.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
For expenses necessary to carry out the Emergency Prepared-
ness Grants program, not more than $28,318,000 shall remain
available until September 30, 2022, from amounts made available
by 49 U.S.C. 5116(h), and 5128(b) and (c): Provided, That notwith-
standing 49 U.S.C. 5116(h)(4), not more than 4 percent of the
amounts made available from this account shall be available to
pay administrative costs: Provided further, That notwithstanding
49 U.S.C. 5128(b) and (c) and the current year obligation limitation,
prior year recoveries recognized in the current year shall be avail-
able to develop a hazardous materials response training curriculum
for emergency responders, including response activities for the
transportation of crude oil, ethanol and other flammable liquids
by rail, consistent with National Fire Protection Association stand-
ards, and to make such training available through an electronic
format: Provided further, That the prior year recoveries made avail-
able under this heading shall also be available to carry out 49
U.S.C. 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e).
O
FFICE OF
I
NSPECTOR
G
ENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General to
carry out the provisions of the Inspector General Act of 1978,
as amended, $94,600,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties speci-
fied in the Inspector General Act, as amended (5 U.S.C. App.
3), to investigate allegations of fraud, including false statements
to the government (18 U.S.C. 1001), by any person or entity that
is subject to regulation by the Department of Transportation.
G
ENERAL
P
ROVISIONS
—D
EPARTMENT OF
T
RANSPORTATION
S
EC
. 180. (a) During the current fiscal year, applicable appro-
priations to the Department of Transportation shall be available
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133 STAT. 2970 PUBLIC LAW 116–94—DEC. 20, 2019
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department busi-
ness; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902).
(b) During the current fiscal year, applicable appropriations
to the Department and its operating administrations shall be avail-
able for the purchase, maintenance, operation, and deployment
of unmanned aircraft systems that advance the Department’s, or
its operating administrations’, missions.
(c) Any unmanned aircraft system purchased or procured by
the Department prior to the enactment of this Act shall be deemed
authorized.
S
EC
. 181. Appropriations contained in this Act for the Depart-
ment of Transportation shall be available for services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the
per diem rate equivalent to the rate for an Executive Level IV.
S
EC
. 182. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connec-
tion with a motor vehicle record as defined in 18 U.S.C. 2725(1),
except as provided in 18 U.S.C. 2721 for a use permitted under
18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not with-
hold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
S
EC
. 183. None of the funds in this Act shall be available
for salaries and expenses of more than 125 political and Presidential
appointees in the Department of Transportation: Provided, That
none of the personnel covered by this provision may be assigned
on temporary detail outside the Department of Transportation.
S
EC
. 184. Funds received by the Federal Highway Administra-
tion and Federal Railroad Administration from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training may be credited respectively to the
Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account
and to the Federal Railroad Administration’s ‘‘Safety and Oper-
ations’’ account, except for State rail safety inspectors participating
in training pursuant to 49 U.S.C. 20105.
S
EC
. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award,
letter of intent, loan commitment, loan guarantee commitment,
line of credit commitment, or full funding grant agreement is
announced by the Department or its modal administrations: Pro-
vided, That the Secretary gives concurrent notification to the House
and Senate Committees on Appropriations for any ‘‘quick release’’
of funds from the emergency relief program: Provided further, That
no notification shall involve funds that are not available for obliga-
tion.
(b) In addition to the notification required in subsection (a),
none of the funds made available in this Act to the Department
of Transportation may be used to make a loan, loan guarantee,
line of credit, cooperative agreement or discretionary grant unless
Loans.
Contracts.
Grants.
Lists.
Deadline.
Notification.
Notification.
Deadline.
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133 STAT. 2971 PUBLIC LAW 116–94—DEC. 20, 2019
the Secretary of Transportation provides the House and Senate
Committees on Appropriations a comprehensive list of all such
loans, loan guarantees, lines of credit, cooperative agreement or
discretionary grants that will be announced not less the 3 full
business days before such announcement: Provided, That the
Department shall provide the list required in this subsection prior
to the notification required in subsection (a): Provided further,
That the requirement to provide a list in this subsection does
not apply to any ‘‘quick release’’ of funds from the emergency
relief program: Provided further, That no list shall involve funds
that are not available for obligation.
S
EC
. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the sub-
leasing of building space, and miscellaneous sources are to be
credited to appropriations of the Department of Transportation
and allocated to elements of the Department of Transportation
using fair and equitable criteria and such funds shall be available
until expended.
S
EC
. 187. Amounts made available in this or any prior Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor under
a financial assistance award, which are recovered pursuant to law,
shall be available—
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper pay-
ments: Provided, That amounts made available in this Act
shall be available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002, as amended
by the Improper Payments Elimination and Recovery Act of
2010 and Improper Payments Elimination and Recovery
Improvement Act of 2012, and Fraud Reduction and Data Ana-
lytics Act of 2015: Provided, That amounts in excess of that
required for paragraphs (1) and (2)—
(A) shall be credited to and merged with the appropria-
tion from which the improper payments were made, and
shall be available for the purposes and period for which
such appropriations are available: Provided further, That
where specific project or accounting information associated
with the improper payment or payments is not readily
available, the Secretary may credit an appropriate account,
which shall be available for the purposes and period associ-
ated with the account so credited; or
(B) if no such appropriation remains available, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to depositing such recovery
in the Treasury, the Secretary shall notify the House and
Senate Committees on Appropriations of the amount and
reasons for such transfer: Provided further, That for pur-
poses of this section, the term ‘‘improper payments’’ has
the same meaning as that provided in section 2(e)(2) of
Public Law 111–204.
S
EC
. 188. Notwithstanding any other provision of law, if any
funds provided in or limited by this Act are subject to a reprogram-
ming action that requires notice to be provided to the House and
Notice.
Definition.
Notification.
Payments.
Reimbursement.
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133 STAT. 2972 PUBLIC LAW 116–94—DEC. 20, 2019
Senate Committees on Appropriations, transmission of said re-
programming notice shall be provided solely to the House and
Senate Committees on Appropriations, and said reprogramming
action shall be approved or denied solely by the House and Senate
Committees on Appropriations: Provided, That the Secretary of
Transportation may provide notice to other congressional commit-
tees of the action of the House and Senate Committees on Appro-
priations on such reprogramming but not sooner than 30 days
following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on Appro-
priations.
S
EC
. 189. Funds appropriated in this Act to the modal adminis-
trations may be obligated for the Office of the Secretary for the
costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are
purchased to provide a direct benefit to the applicable modal
administration or administrations.
S
EC
. 190. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for devel-
oping and supporting agency transit pass and transit benefits
authorized under section 7905 of title 5, United States Code,
including distribution of transit benefits by various paper and elec-
tronic media.
S
EC
. 191. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract under
title 49 U.S.C. or title 23 U.S.C. utilizing geographic, economic,
or any other hiring preference not otherwise authorized by law,
or to amend a rule, regulation, policy or other measure that forbids
a recipient of a Federal Highway Administration or Federal Transit
Administration grant from imposing such hiring preference on a
contract or construction project with which the Department of
Transportation is assisting, only if the grant recipient certifies
the following:
(1) that except with respect to apprentices or trainees,
a pool of readily available but unemployed individuals pos-
sessing the knowledge, skill, and ability to perform the work
that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate provi-
sions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
S
EC
. 192. Section 502(b)(3) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is amended
by striking ‘‘only during the 4-year period beginning on the date
of enactment of the Passenger Rail Reform and Investment Act
of 2015’’ and inserting ‘‘until September 30, 2020’’.
S
EC
. 193. The Secretary of Transportation shall coordinate with
the Secretary of Homeland Security to ensure that best practices
for Industrial Control Systems Procurement are up-to-date and
shall ensure that systems procured with funds provided under
this title were procured using such practices.
Coordination.
Certification.
Notice.
Deadline.
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133 STAT. 2973 PUBLIC LAW 116–94—DEC. 20, 2019
This title may be cited as the ‘‘Department of Transportation
Appropriations Act, 2020’’.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
M
ANAGEMENT AND
A
DMINISTRATION
EXECUTIVE OFFICES
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary, Deputy
Secretary, Adjudicatory Services, Congressional and Intergovern-
mental Relations, Public Affairs, Small and Disadvantaged Business
Utilization, and the Center for Faith-Based and Neighborhood Part-
nerships, $14,217,000, to remain available until September 30,
2021: Provided, That not to exceed $25,000 of the amount made
available under this heading shall be available to the Secretary
for official reception and representation expenses as the Secretary
may determine.
ADMINISTRATIVE SUPPORT OFFICES
For necessary salaries and expenses for Administrative Support
Offices, $563,378,000, to remain available until September 30, 2021:
Provided, That of the sums appropriated under this heading—
(1) $73,562,000 shall be available for the Office of the
Chief Financial Officer;
(2) $103,916,000 shall be available for the Office of the
General Counsel, of which not less than $18,700,000 shall
be for the Departmental Enforcement Center;
(3) $206,849,000 shall be available for the Office of
Administration;
(4) $39,827,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $57,861,000 shall be available for the Office of Field
Policy and Management;
(6) $19,445,000 shall be available for the Office of the
Chief Procurement Officer;
(7) $4,242,000 shall be available for the Office of Depart-
mental Equal Employment Opportunity; and
(8) $57,676,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds provided under this heading may
be used for necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development,
not otherwise provided for, including purchase of uniforms, or allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902; hire of pas-
senger motor vehicles; and services as authorized by 5 U.S.C. 3109:
Provided further, That notwithstanding any other provision of law,
funds appropriated under this heading may be used for advertising
and promotional activities that directly support program activities
funded in this title: Provided further, That the Secretary shall
provide the House and Senate Committees on Appropriations quar-
terly written notification regarding the status of pending congres-
sional reports: Provided further, That the Secretary shall provide
in electronic form all signed reports required by Congress: Provided
Reports.
Time period.
Notification.
Department of
Housing and
Urban
Development
Appropriations
Act, 2020.
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133 STAT. 2974 PUBLIC LAW 116–94—DEC. 20, 2019
further, That none of the funds made available under this heading
for the Office of the Chief Financial Officer for the financial trans-
formation initiative shall be available for obligation until after
the Secretary has published all mitigation allocations made avail-
able under the heading ‘‘Department of Housing and Urban
Development—Community Planning and Development—Commu-
nity Development Fund’’ in Public Law 115–123 and the necessary
administrative requirements pursuant to section 1102 of Public
Law 116–20: Provided further, That only after the terms and condi-
tions of the previous proviso have been met, not more than 10
percent of the funds made available under this heading for the
Office of the Chief Financial Officer for the financial transformation
initiative may be obligated until the Secretary submits to the House
and Senate Committees on Appropriations, for approval, a plan
for expenditure that includes the financial and internal control
capabilities to be delivered and the mission benefits to be realized,
key milestones to be met, and the relationship between the proposed
use of funds made available under this heading and the projected
total cost and scope of the initiative.
PROGRAM OFFICES
For necessary salaries and expenses for Program Offices,
$847,000,000, to remain available until September 30, 2021: Pro-
vided, That of the sums appropriated under this heading—
(1) $227,000,000 shall be available for the Office of Public
and Indian Housing;
(2) $124,000,000 shall be available for the Office of Commu-
nity Planning and Development;
(3) $384,000,000 shall be available for the Office of Housing,
of which not less than $12,300,000 shall be for the Office
of Recapitalization;
(4) $28,000,000 shall be available for the Office of Policy
Development and Research;
(5) $75,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $9,000,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
‘‘Fund’’), pursuant, in part, to section 7(f) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(f)), amounts
transferred, including reimbursements pursuant to section 7(f), to
the Fund under this heading shall be available only for Federal
shared services used by offices and agencies of the Department,
and for any such portion of any office or agency’s printing, records
management, space renovation, furniture, or supply services the
Secretary has determined shall be provided through the Fund,
and the operational expenses of the Fund: Provided, That amounts
within the Fund shall not be available to provide services not
specifically authorized under this heading: Provided further, That
upon a determination by the Secretary that any other service (or
portion thereof) authorized under this heading shall be provided
Determination.
Expenditure
plan.
Publication.
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133 STAT. 2975 PUBLIC LAW 116–94—DEC. 20, 2019
through the Fund, amounts made available in this title for salaries
and expenses under the headings ‘‘Executive Offices’’, ‘‘Administra-
tive Support Offices’’, ‘‘Program Offices’’, and ‘‘Government National
Mortgage Association’’, for such services shall be transferred to
the Fund, to remain available until expended: Provided further,
That the Secretary shall notify the House and Senate Committees
on Appropriations of its plans for executing such transfers at least
fifteen (15) days in advance of such transfers: Provided further,
That the Secretary may transfer not to exceed an additional
$5,000,000, in aggregate, from all such appropriations, to be merged
with the Fund and to remain available until expended for any
purpose under this heading.
P
UBLIC AND
I
NDIAN
H
OUSING
TENANT
-
BASED RENTAL ASSISTANCE
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein),
not otherwise provided for, $19,874,050,000, to remain available
until expended, shall be available on October 1, 2019 (in addition
to the $4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2019), and $4,000,000,000,
to remain available until expended, shall be available on October
1, 2020: Provided, That the amounts made available under this
heading are provided as follows:
(1) $21,502,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act) and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2020 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making
any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph
may be used to fund a total number of unit months under
lease which exceeds a public housing agency’s authorized level
of units under contract, except for public housing agencies
participating in the MTW demonstration, which are instead
governed by the terms and conditions of their MTW agreements:
Provided further, That the Secretary shall, to the extent nec-
essary to stay within the amount specified under this paragraph
(except as otherwise modified under this paragraph), prorate
each public housing agency’s allocation otherwise established
pursuant to this paragraph: Provided further, That except as
provided in the following provisos, the entire amount specified
under this paragraph (except as otherwise modified under this
paragraph) shall be obligated to the public housing agencies
Notification.
Deadline.
Notice.
Federal Register,
publication.
Vouchers.
Notification.
Deadline.
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133 STAT. 2976 PUBLIC LAW 116–94—DEC. 20, 2019
based on the allocation and pro rata method described above,
and the Secretary shall notify public housing agencies of their
annual budget by the latter of 60 days after enactment of
this Act or March 1, 2020: Provided further, That the Secretary
may extend the notification period with the prior written
approval of the House and Senate Committees on Appropria-
tions: Provided further, That public housing agencies partici-
pating in the MTW demonstration shall be funded pursuant
to their MTW agreements and shall be subject to the same
pro rata adjustments under the previous provisos: Provided
further, That the Secretary may offset public housing agencies’
calendar year 2020 allocations based on the excess amounts
of public housing agencies’ net restricted assets accounts,
including HUD-held programmatic reserves (in accordance with
VMS data in calendar year 2019 that is verifiable and com-
plete), as determined by the Secretary: Provided further, That
public housing agencies participating in the MTW demonstra-
tion shall also be subject to the offset, as determined by the
Secretary, excluding amounts subject to the single fund budget
authority provisions of their MTW agreements, from the agen-
cies’ calendar year 2020 MTW funding allocation: Provided
further, That the Secretary shall use any offset referred to
in the previous two provisos throughout the calendar year
to prevent the termination of rental assistance for families
as the result of insufficient funding, as determined by the
Secretary, and to avoid or reduce the proration of renewal
funding allocations: Provided further, That up to $100,000,000
shall be available only: (1) for adjustments in the allocations
for public housing agencies, after application for an adjustment
by a public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs
of vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for vouchers that
were not in use during the previous 12-month period in order
to be available to meet a commitment pursuant to section
8(o)(13) of the Act; (3) for adjustments for costs associated
with HUD–Veterans Affairs Supportive Housing (HUD–VASH)
vouchers; (4) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the Sec-
retary, would otherwise be required to terminate rental assist-
ance for families as a result of insufficient funding; (5) for
adjustments in the allocations for public housing agencies that
(i) are leasing a lower-than-average percentage of their author-
ized vouchers, (ii) have low amounts of budget authority in
their net restricted assets accounts and HUD-held pro-
grammatic reserves, relative to other agencies, and (iii) are
not participating in the Moving to Work demonstration, to
enable such agencies to lease more vouchers; and (6) for public
housing agencies that have experienced increased costs or loss
of units in an area for which the President declared a disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.): Provided
further, That the Secretary shall allocate amounts under the
previous proviso based on need, as determined by the Secretary;
(2) $75,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are demol-
ished or disposed of pursuant to section 18 of the Act, conversion
Allocation.
Determination.
Notification.
Approval.
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133 STAT. 2977 PUBLIC LAW 116–94—DEC. 20, 2019
of section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation
of witnesses in connection with efforts to combat crime in
public and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under
any provision of law authorizing such assistance under section
8(t) of the Act, Choice Neighborhood vouchers, mandatory and
voluntary conversions, and tenant protection assistance
including replacement and relocation assistance or for project-
based assistance to prevent the displacement of unassisted
elderly tenants currently residing in section 202 properties
financed between 1959 and 1974 that are refinanced pursuant
to Public Law 106–569, as amended, or under the authority
as provided under this Act: Provided, That when a public
housing development is submitted for demolition or disposition
under section 18 of the Act, the Secretary may provide section
8 rental assistance when the units pose an imminent health
and safety risk to residents: Provided further, That the Sec-
retary may only provide replacement vouchers for units that
were occupied within the previous 24 months that cease to
be available as assisted housing, subject only to the availability
of funds: Provided further, That of the amounts made available
under this paragraph, up to $5,000,000 may be available to
provide tenant protection assistance, not otherwise provided
under this paragraph, to residents residing in low vacancy
areas and who may have to pay rents greater than 30 percent
of household income, as the result of: (A) the maturity of
a HUD-insured, HUD-held or section 202 loan that requires
the permission of the Secretary prior to loan prepayment; (B)
the expiration of a rental assistance contract for which the
tenants are not eligible for enhanced voucher or tenant protec-
tion assistance under existing law; or (C) the expiration of
affordability restrictions accompanying a mortgage or preserva-
tion program administered by the Secretary: Provided further,
That such tenant protection assistance made available under
the previous proviso may be provided under the authority of
section 8(t) or section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(t)): Provided further, That the
Secretary shall issue guidance to implement the previous pro-
visos, including, but not limited to, requirements for defining
eligible at-risk households within 60 days of the enactment
of this Act: Provided further, That any tenant protection
voucher made available from amounts under this paragraph
shall not be reissued by any public housing agency, except
the replacement vouchers as defined by the Secretary by notice,
when the initial family that received any such voucher no
longer receives such voucher, and the authority for any public
housing agency to issue any such voucher shall cease to exist:
Provided further, That the Secretary may provide section 8
rental assistance from amounts made available under this para-
graph for units assisted under a project-based subsidy contract
funded under the ‘‘Project-Based Rental Assistance’’ heading
under this title where the owner has received a Notice of
Default and the units pose an imminent health and safety
risk to residents: Provided further, That to the extent that
the Secretary determines that such units are not feasible for
continued rental assistance payments or transfer of the subsidy
Notice.
Guidance.
Requirements.
Deadline.
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133 STAT. 2978 PUBLIC LAW 116–94—DEC. 20, 2019
contract associated with such units to another project or
projects and owner or owners, any remaining amounts associ-
ated with such units under such contract shall be recaptured
and used to reimburse amounts used under this paragraph
for rental assistance under the preceding proviso;
(3) $1,977,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$30,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to admin-
ister their section 8 programs, including fees associated with
section 8 tenant protection rental assistance, the administration
of disaster related vouchers, HUD–VASH vouchers, and other
special purpose incremental vouchers: Provided, That no less
than $1,947,000,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the calendar
year 2020 funding cycle based on section 8(q) of the Act (and
related Appropriation Act provisions) as in effect immediately
before the enactment of the Quality Housing and Work Respon-
sibility Act of 1998 (Public Law 105–276): Provided further,
That if the amounts made available under this paragraph are
insufficient to pay the amounts determined under the previous
proviso, the Secretary may decrease the amounts allocated
to agencies by a uniform percentage applicable to all agencies
receiving funding under this paragraph or may, to the extent
necessary to provide full payment of amounts determined under
the previous proviso, utilize unobligated balances, including
recaptures and carryovers, remaining from funds appropriated
to the Department of Housing and Urban Development under
this heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements, and shall be subject
to the same uniform percentage decrease as under the previous
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $229,050,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering
the special purpose vouchers in this paragraph shall be funded
under the same terms and be subject to the same pro rata
reduction as the percent decrease for administrative and other
expenses to public housing agencies under paragraph (3) of
this heading: Provided further, That upon turnover, section
811 special purpose vouchers funded under this heading in
this or prior Acts, or under any other heading in prior Acts,
shall be provided to non-elderly persons with disabilities;
(5) $1,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD–VASH to serve Native
American veterans that are homeless or at-risk of homelessness
living on or near a reservation or other Indian areas: Provided,
That such amount shall be made available for renewal grants
Grants.
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133 STAT. 2979 PUBLIC LAW 116–94—DEC. 20, 2019
to recipients that received assistance under prior Acts under
the Tribal HUD–VASH program: Provided further, That the
Secretary shall be authorized to specify criteria for renewal
grants, including data on the utilization of assistance reported
by grant recipients: Provided further, That such assistance
shall be administered in accordance with program requirements
under the Native American Housing Assistance and Self-Deter-
mination Act of 1996 and modeled after the HUD–VASH pro-
gram: Provided further, That the Secretary shall be authorized
to waive, or specify alternative requirements for any provision
of any statute or regulation that the Secretary administers
in connection with the use of funds made available under
this paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such assistance: Provided further, That grant
recipients shall report to the Secretary on utilization of such
rental assistance and other program data, as prescribed by
the Secretary: Provided further, That the Secretary may reallo-
cate, as determined by the Secretary, amounts returned or
recaptured from awards under prior Acts;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered
in conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and
Urban Development shall make such funding available, not-
withstanding section 203 (competition provision) of this title,
to public housing agencies that partner with eligible VA Medical
Centers or other entities as designated by the Secretary of
the Department of Veterans Affairs, based on geographical
need for such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency adminis-
trative performance, and other factors as specified by the Sec-
retary of Housing and Urban Development in consultation with
the Secretary of the Department of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development
may waive, or specify alternative requirements for (in consulta-
tion with the Secretary of the Department of Veterans Affairs),
any provision of any statute or regulation that the Secretary
of Housing and Urban Development administers in connection
with the use of funds made available under this paragraph
(except for requirements related to fair housing, nondiscrimina-
tion, labor standards, and the environment), upon a finding
by the Secretary that any such waivers or alternative require-
ments are necessary for the effective delivery and administra-
tion of such voucher assistance: Provided further, That assist-
ance made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over;
(7) $25,000,000 shall be made available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $5,000,000 shall be for new incremental voucher
assistance: Provided, That the assistance made available
Continuation.
Children, youth,
and families.
Continuation.
Veterans.
Waiver authority.
Requirements.
Consultation.
Consultation.
Reports.
Data.
Waiver authority.
Requirements.
Criteria.
Data.
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133 STAT. 2980 PUBLIC LAW 116–94—DEC. 20, 2019
under this subparagraph shall continue to remain available
for family unification upon turnover; and
(B) $20,000,000 shall be for new incremental voucher
assistance to assist eligible youth as defined by such section
8(x)(2)(B): Provided, That assistance made available under
this subparagraph shall continue to remain available for
such eligible youth upon turnover: Provided further, That
of the total amount made available under this subpara-
graph, up to $10,000,000 shall be available on a non-
competitive basis to public housing agencies that partner
with public child welfare agencies to identify such eligible
youth, that request such assistance to timely assist such
eligible youth, and that meet any other criteria as specified
by the Secretary: Provided further, That the Secretary shall
review utilization of the assistance made available under
the previous proviso, at an interval to be determined by
the Secretary, and unutilized voucher assistance that is
no longer needed shall be recaptured by the Secretary
and reallocated pursuant to the previous proviso:
Provided further, That for any public housing agency admin-
istering voucher assistance appropriated in a prior Act under
the family unification program, or made available and competi-
tively selected under this paragraph, that determines that it
no longer has an identified need for such assistance upon
turnover, such agency shall notify the Secretary, and the Sec-
retary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
specified program or eligible youth, as applicable;
(8) $25,000,000 shall be made available for the mobility
demonstration authorized under section 235 of division G of
the Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f
note; Public Law 116–6; 133 Stat. 465), of which up to
$5,000,000 shall be for new incremental voucher assistance
and the remainder of which shall be available to provide
mobility-related services to families with children, including
pre- and post-move counseling and rent deposits, and to offset
the administrative costs of operating the mobility demonstra-
tion: Provided, That incremental voucher assistance made avail-
able under this paragraph shall be for families with children
participating in the mobility demonstration and shall continue
to remain available for families with children upon turnover:
Provided further, That for any public housing agency admin-
istering voucher assistance under the mobility demonstration
that determines that it no longer has an identified need for
such assistance upon turnover, such agency shall notify the
Secretary, and the Secretary shall recapture such assistance
from the agency and reallocate it to any other public housing
agency or agencies based on need for voucher assistance in
connection with such demonstration; and
(9) the Secretary shall separately track all special purpose
vouchers funded under this heading.
Notification.
Continuation.
Children, youth,
and families.
Determination.
Notification.
Review.
Determination.
Continuation.
Children, youth,
and families.
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133 STAT. 2981 PUBLIC LAW 116–94—DEC. 20, 2019
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading ‘‘Annual
Contributions for Assisted Housing’’ and the heading ‘‘Project-Based
Rental Assistance’’, for fiscal year 2020 and prior years may be
used for renewal of or amendments to section 8 project-based con-
tracts and for performance-based contract administrators, notwith-
standing the purposes for which such funds were appropriated:
Provided, That any obligated balances of contract authority from
fiscal year 1974 and prior that have been terminated shall be
rescinded: Provided further, That amounts heretofore recaptured,
or recaptured during the current fiscal year, from section 8 project-
based contracts from source years fiscal year 1975 through fiscal
year 1987 are hereby rescinded, and an amount of additional new
budget authority, equivalent to the amount rescinded is hereby
appropriated, to remain available until expended, for the purposes
set forth under this heading, in addition to amounts otherwise
available.
PUBLIC HOUSING CAPITAL FUND
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g) (the ‘‘Act’’) $2,869,893,812, to remain avail-
able until September 30, 2023: Provided, That notwithstanding
any other provision of law or regulation, during fiscal year 2020,
the Secretary of Housing and Urban Development may not delegate
to any Department official other than the Deputy Secretary and
the Assistant Secretary for Public and Indian Housing any authority
under paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for purposes
of such section 9(j), the term ‘‘obligate’’ means, with respect to
amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future: Provided
further, That of the total amount made available under this heading,
up to $14,000,000 shall be to support ongoing public housing finan-
cial and physical assessment activities: Provided further, That of
the total amount made available under this heading, up to
$1,000,000 shall be to support the costs of administrative and
judicial receiverships: Provided further, That of the total amount
provided under this heading, not to exceed $64,650,000 shall be
available for the Secretary to make grants, notwithstanding section
203 of this Act, to public housing agencies for emergency capital
needs including safety and security measures necessary to address
crime and drug-related activity as well as needs resulting from
unforeseen or unpreventable emergencies and natural disasters
excluding Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency Act
(42 U.S.C. 5121 et seq.) occurring in fiscal year 2020, of which
$34,650,000 shall be available for public housing agencies under
administrative and judicial receiverships or under the control of
a Federal monitor: Provided further, That of the amount made
available under the previous proviso, not less than $10,000,000
Grants.
Definition.
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133 STAT. 2982 PUBLIC LAW 116–94—DEC. 20, 2019
shall be for safety and security measures: Provided further, That
in addition to the amount in the previous proviso for such safety
and security measures, any amounts that remain available, after
all applications received on or before September 30, 2021, for emer-
gency capital needs have been processed, shall be allocated to
public housing agencies for such safety and security measures:
Provided further, That for funds provided under this heading, the
limitation in section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the previous
proviso to allow public housing agencies to fund activities authorized
under section 9(e)(1)(C) of the Act: Provided further, That the Sec-
retary shall notify public housing agencies requesting waivers under
the previous proviso if the request is approved or denied within
14 days of submitting the request: Provided further, That from
the funds made available under this heading, the Secretary shall
provide bonus awards in fiscal year 2020 to public housing agencies
that are designated high performers: Provided further, That the
Department shall notify public housing agencies of their formula
allocation within 60 days of enactment of this Act: Provided further,
That of the total amount provided under this heading, $45,000,000
shall be available for competitive grants to public housing agencies
to evaluate and reduce lead-based paint hazards and other housing-
related hazards including carbon monoxide and mold in public
housing: Provided further, That of the amounts available under
the previous proviso, no less than $25,000,000 shall be for competi-
tive grants to public housing agencies to evaluate and reduce lead-
based paint hazards in public housing by carrying out the activities
of risk assessments, abatement, and interim controls (as those
terms are defined in section 1004 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)): Provided
further, That for purposes of environmental review, a grant under
the previous two provisos shall be considered funds for projects
or activities under title I of the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 of such
Act (42 U.S.C. 1437x) and shall be subject to the regulations imple-
menting such section: Provided further, That for funds made avail-
able under the previous three provisos, the Secretary shall allow
a PHA to apply for up to 20 percent of the funds made available
under the first two provisos and prioritize need when awarding
grants.
PUBLIC HOUSING OPERATING FUND
For 2020 payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)),
$4,549,000,000, to remain available until September 30, 2021: Pro-
vided, That of the total amount available under this heading,
$25,000,000 shall be available to the Secretary to allocate pursuant
to a need-based application process notwithstanding section 203
of this title and not subject to the Operating Fund formula at
part 990 of title 24, Code of Federal Regulations to public housing
agencies that experience financial insolvency, as determined by
the Secretary: Provided further, That after all such insolvency needs
are met, the Secretary may distribute any remaining funds to
all public housing agencies on a pro-rata basis pursuant to the
Determination.
Grants.
Evaluation.
Grants.
Evaluation.
Notification.
Deadline.
Bonus awards.
Notification.
Deadline.
Waiver authority.
Allocation.
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133 STAT. 2983 PUBLIC LAW 116–94—DEC. 20, 2019
Operating Fund formula at part 990 of title 24, Code of Federal
Regulations.
CHOICE NEIGHBORHOODS INITIATIVE
For competitive grants under the Choice Neighborhoods Initia-
tive (subject to section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), unless otherwise specified under this
heading), for transformation, rehabilitation, and replacement
housing needs of both public and HUD-assisted housing and to
transform neighborhoods of poverty into functioning, sustainable
mixed income neighborhoods with appropriate services, schools,
public assets, transportation and access to jobs, $175,000,000, to
remain available until September 30, 2022: Provided, That grant
funds may be used for resident and community services, community
development, and affordable housing needs in the community, and
for conversion of vacant or foreclosed properties to affordable
housing: Provided further, That the use of funds made available
under this heading shall not be deemed to be public housing not-
withstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability deter-
mined by the Secretary of not fewer than 20 years: Provided further,
That grantees shall provide a match in State, local, other Federal
or private funds: Provided further, That grantees may include local
governments, tribal entities, public housing authorities, and non-
profits: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes
of environmental review, a grantee shall be treated as a public
housing agency under section 26 of the United States Housing
Act of 1937 (42 U.S.C. 1437x), and grants under this heading
shall be subject to the regulations issued by the Secretary to imple-
ment such section: Provided further, That of the amount provided,
not less than $87,500,000 shall be awarded to public housing agen-
cies: Provided further, That such grantees shall create partnerships
with other local organizations including assisted housing owners,
service agencies, and resident organizations: Provided further, That
the Secretary shall consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and Com-
merce, the Attorney General, and the Administrator of the Environ-
mental Protection Agency to coordinate and leverage other appro-
priate Federal resources: Provided further, That no more than
$5,000,000 of funds made available under this heading may be
provided as grants to undertake comprehensive local planning with
input from residents and the community: Provided further, That
unobligated balances, including recaptures, remaining from funds
appropriated under the heading ‘‘Revitalization of Severely Dis-
tressed Public Housing (HOPE VI)’’ in fiscal year 2011 and prior
fiscal years may be used for purposes under this heading, notwith-
standing the purposes for which such amounts were appropriated:
Provided further, That the Secretary shall issue the Notice of
Funding Availability for funds made available under this heading
no later than 90 days after enactment of this Act: Provided further,
That the Secretary shall make grant awards no later than one
year from the date of enactment of this Act in such amounts
that the Secretary determines: Provided further, That notwith-
standing section 24(o) of the United States Housing Act of 1937
(42 U.S.C. 1437v(o)), the Secretary may, until September 30, 2023,
Grants.
Deadline.
Determination.
Notice.
Deadline.
Consultation.
Coordination.
Regulations.
Time period.
Determination.
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133 STAT. 2984 PUBLIC LAW 116–94—DEC. 20, 2019
obligate any available unobligated balances made available under
this heading in this, or any prior Act.
SELF
-
SUFFICIENCY PROGRAMS
For activities and assistance related to Self-Sufficiency Pro-
grams, to remain available until September 30, 2023, $130,000,000:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $80,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
section 23 of the United States Housing Act of 1937 (42 U.S.C.
1437u), to promote the development of local strategies to coordi-
nate the use of assistance under sections 8 and 9 of such
Act with public and private resources, and enable eligible fami-
lies to achieve economic independence and self-sufficiency: Pro-
vided, That the Secretary may, by Federal Register notice,
waive or specify alternative requirements under subsections
(b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such Act in order
to facilitate the operation of a unified self-sufficiency program
for individuals receiving assistance under different provisions
of the Act, as determined by the Secretary: Provided further,
That owners of a privately owned multifamily property with
a section 8 contract may voluntarily make a Family Self-Suffi-
ciency program available to the assisted tenants of such prop-
erty in accordance with procedures established by the Secretary:
Provided further, That such procedures established pursuant
to the previous proviso shall permit participating tenants to
accrue escrow funds in accordance with section 23(d)(2) and
shall allow owners to use funding from residual receipt accounts
to hire coordinators for their own Family Self-Sufficiency pro-
gram;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized by
section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z–6) and the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(3) $15,000,000 shall be for a Jobs-Plus initiative, modeled
after the Jobs-Plus demonstration: Provided, That funding pro-
vided under this paragraph shall be available for competitive
grants to partnerships between public housing authorities, local
workforce investment boards established under section 107 of
the Workforce Innovation and Opportunity Act of 2014 (29
U.S.C. 3122), and other agencies and organizations that provide
support to help public housing residents obtain employment
and increase earnings: Provided further, That applicants must
demonstrate the ability to provide services to residents, partner
with workforce investment boards, and leverage service dollars:
Provided further, That the Secretary may allow public housing
agencies to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary
to implement the Jobs-Plus program, on such terms and condi-
tions as the Secretary may approve upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective implementation of the Jobs-
Grants.
Procedures.
Federal Register,
publication.
Notice.
Determination.
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133 STAT. 2985 PUBLIC LAW 116–94—DEC. 20, 2019
Plus initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the Fed-
eral Register any waivers or alternative requirements pursuant
to the preceding proviso no later than 10 days before the
effective date of such notice.
NATIVE AMERICAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act
of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), title I of the Housing
and Community Development Act of 1974 with respect to Indian
tribes (42 U.S.C. 5306(a)(1)), and related training and technical
assistance, $825,000,000, to remain available until September 30,
2024, unless otherwise specified: Provided, That the amounts made
available under this heading are provided as follows:
(1) $646,000,000 shall be available for the Native American
Housing Block Grants program, as authorized under title I
of NAHASDA: Provided, That, notwithstanding NAHASDA, to
determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the formula
under section 302 of such Act with the need component based
on single-race census data and with the need component based
on multi-race census data, and the amount of the allocation
for each Indian tribe shall be the greater of the two resulting
allocation amounts: Provided further, That the Department will
notify grantees of their formula allocation within 60 days of
the date of enactment of this Act;
(2) $2,000,000 shall be available for the cost of guaranteed
notes and other obligations, as authorized by title VI of
NAHASDA: Provided, That such costs, including the costs of
modifying such notes and other obligations, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $32,000,000;
(3) $100,000,000 shall be available for competitive grants
under the Native American Housing Block Grants program,
as authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate this additional amount for competitive
grants to eligible recipients authorized under NAHASDA that
apply for funds: Provided further, That in awarding this addi-
tional amount, the Secretary shall consider need and adminis-
trative capacity, and shall give priority to projects that will
spur construction and rehabilitation: Provided further, That
a grant funded pursuant to this paragraph shall be not greater
than $10,000,000: Provided further, That up to 1 percent of
this additional amount may be transferred, in aggregate, to
‘‘Program Offices—Public and Indian Housing’’ for necessary
costs of administering and overseeing the obligation and
expenditure of this additional amount and of additional
amounts provided in prior years, to remain available until
Grants.
Notification.
Deadline.
Determination.
Applicability.
Notice.
Federal Register,
publication.
Deadline.
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133 STAT. 2986 PUBLIC LAW 116–94—DEC. 20, 2019
September 30, 2025: Provided further, That any funds trans-
ferred pursuant to the previous proviso in prior Acts may
also be used for the purposes described in the previous proviso;
(4) $70,000,000 shall be available for grants to Indian
tribes for carrying out the Indian Community Development
Block Grant program under title I of the Housing and Commu-
nity Development Act of 1974, notwithstanding section 106(a)(1)
of such Act, of which, notwithstanding any other provision
of law (including section 203 of this Act), up to $4,000,000
may be used for emergencies that constitute imminent threats
to health and safety: Provided, That not to exceed 20 percent
of any grant made with funds appropriated under this para-
graph shall be expended for planning and management develop-
ment and administration: Provided further, That funds provided
under this paragraph shall remain available until September
30, 2022; and
(5) $7,000,000 shall be available for providing training
and technical assistance to Indian tribes, Indian housing
authorities and tribally designated housing entities, to support
the inspection of Indian housing units, contract expertise, and
for training and technical assistance related to funding provided
under this heading and other headings under this Act for
the needs of Native American families and Indian country:
Provided, That of the funds made available under this para-
graph, not less than $2,000,000 shall be available for a national
organization as authorized under section 703 of NAHASDA
(25 U.S.C. 4212): Provided further, That amounts made avail-
able under this paragraph may be used, contracted, or competed
as determined by the Secretary: Provided further, That notwith-
standing the provisions of the Federal Grant and Cooperative
Agreements Act of 1977 (31 U.S.C. 6301–6308), the amounts
made available under this paragraph may be used by the
Secretary to enter into cooperative agreements with public and
private organizations, agencies, institutions, and other technical
assistance providers to support the administration of negotiated
rulemaking under section 106 of NAHASDA (25 U.S.C. 4116),
the administration of the allocation formula under section 302
of NAHASDA (25 U.S.C. 4152), and the administration of
performance tracking and reporting under section 407 of
NAHASDA (25 U.S.C. 4167): Provided further, That of the
funds made available under this paragraph, not more than
$1,000,000 shall be available to support utilization, outreach,
and capacity building with tribes and tribal housing organiza-
tions for the Tribal HUD-VASH program.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z–13a), $1,100,000, to remain available until expended:
Provided, That such costs, including the costs of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That an additional $500,000, to
remain available until expended, shall be available for administra-
tive contract expenses including management processes to carry
out the loan guarantee program: Provided further, That the Sec-
retary may subsidize total loan principal, any part of which is
Determination.
Grants.
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133 STAT. 2987 PUBLIC LAW 116–94—DEC. 20, 2019
to be guaranteed, up to $1,000,000,000, to remain available until
expended: Provided further, That for any unobligated balances
(including amounts of uncommitted limitation) remaining from
amounts made available under this heading in Public Law 115–
31, Public Law 115–141, and Public Law 116–6, and for any recap-
tures occurring in fiscal year 2019 or in future fiscal years of
amounts made available under this heading in prior fiscal years,
the second proviso of each such heading shall be applied as if
‘‘these funds are available to’’ was struck and ‘‘the Secretary may’’
was inserted in its place.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.),
$2,000,000, to remain available until September 30, 2024: Provided,
That notwithstanding section 812(b) of such Act, the Department
of Hawaiian Home Lands may not invest grant amounts provided
under this heading in investment securities and other obligations:
Provided further, That amounts made available under this heading
in this and prior fiscal years may be used to provide rental assist-
ance to eligible Native Hawaiian families both on and off the
Hawaiian Home Lands, notwithstanding any other provision of
law.
C
OMMUNITY
P
LANNING AND
D
EVELOPMENT
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $410,000,000, to remain available
until September 30, 2021, except that amounts allocated pursuant
to section 854(c)(5) of such Act shall remain available until Sep-
tember 30, 2022: Provided, That the Secretary shall renew all
expiring contracts for permanent supportive housing that initially
were funded under section 854(c)(5) of such Act from funds made
available under this heading in fiscal year 2010 and prior fiscal
years that meet all program requirements before awarding funds
for new contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation within
60 days of enactment of this Act.
COMMUNITY DEVELOPMENT FUND
For carrying out the community development block grant pro-
gram under title I of the Housing and Community Development
Act of 1974, as amended (42 U.S.C. 5301 et seq.)(‘‘the Act’’ herein),
$3,425,000,000, to remain available until September 30, 2022,
unless otherwise specified: Provided, That unless explicitly provided
for under this heading, not to exceed 20 percent of any grant
made with funds appropriated under this heading shall be expended
for planning and management development and administration:
Provided further, That a metropolitan city, urban county, unit of
general local government, or insular area that directly or indirectly
receives funds under this heading may not sell, trade, or otherwise
transfer all or any portion of such funds to another such entity
Grants.
Notification.
Deadline.
Contracts.
Applicability.
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133 STAT. 2988 PUBLIC LAW 116–94—DEC. 20, 2019
in exchange for any other funds, credits or non-Federal consider-
ations, but must use such funds for activities eligible under title
I of the Act: Provided further, That notwithstanding section
105(e)(1) of the Act, no funds provided under this heading may
be provided to a for-profit entity for an economic development
project under section 105(a)(17) unless such project has been evalu-
ated and selected in accordance with guidelines required under
subsection (e)(2): Provided further, That of the total amount pro-
vided under this heading, $25,000,000 shall be for activities author-
ized under section 8071 of the SUPPORT for Patients and Commu-
nities Act (Public Law 115–271): Provided further, That the funds
allocated pursuant to the previous proviso shall not adversely affect
the amount of any formula assistance received by a State under
this heading: Provided further, That the Secretary shall allocate
the funds for such activities based on the percentages shown in
Table 1 of the Notice establishing the funding formula published
in 84 FR 16027 (April 17, 2019): Provided further, That the Depart-
ment shall notify grantees of their formula allocation within 60
days of enactment of this Act.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2020, commitments to guarantee loans under
section 108 of the Housing and Community Development Act of
1974 (42 U.S.C. 5308), any part of which is guaranteed, shall
not exceed a total principal amount of $300,000,000, notwith-
standing any aggregate limitation on outstanding obligations
guaranteed in subsection (k) of such section 108: Provided, That
the Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit subsidy
cost of zero for guaranteeing such loans, and any such fees shall
be collected in accordance with section 502(7) of the Congressional
Budget Act of 1974: Provided further, That such commitment
authority funded by fees may be used to guarantee, or make commit-
ments to guarantee, notes or other obligations issued by any State
on behalf of non-entitlement communities in the State in accordance
with the requirements of such section 108: Provided further, That
any State receiving such a guarantee or commitment under the
previous proviso shall distribute all funds subject to such guarantee
to the units of general local government in nonentitlement areas
that received the commitment.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For the HOME Investment Partnerships program, as author-
ized under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,350,000,000, to remain available until
September 30, 2023: Provided, That notwithstanding the amount
made available under this heading, the threshold reduction require-
ments in sections 216(10) and 217(b)(4) of such Act shall not apply
to allocations of such amount: Provided further, That the Depart-
ment shall notify grantees of their formula allocation within 60
days of enactment of this Act: Provided further, That section 218(g)
of such Act (42 U.S.C. 12748(g)) shall not apply with respect to
the right of a jurisdiction to draw funds from its HOME Investment
Trust Fund that otherwise expired or would expire in 2016, 2017,
2018, 2019, 2020, 2021, or 2022 under that section: Provided further,
Notification.
Deadline.
Distribution.
Fees.
Notification.
Deadline.
Allocation.
Evaluation.
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133 STAT. 2989 PUBLIC LAW 116–94—DEC. 20, 2019
That section 231(b) of such Act (42 U.S.C. 12771(b)) shall not
apply to any uninvested funds that otherwise were deducted or
would be deducted from the line of credit in the participating
jurisdiction’s HOME Investment Trust Fund in 2018, 2019, 2020,
2021, or 2022 under that section.
SELF
-
HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended, $55,000,000, to remain
available until September 30, 2022: Provided, That of the total
amount provided under this heading, $10,000,000 shall be made
available to the Self-Help Homeownership Opportunity Program
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended: Provided further, That of the
total amount provided under this heading, $36,000,000 shall be
made available for the second, third, and fourth capacity building
activities authorized under section 4(a) of the HUD Demonstration
Act of 1993 (42 U.S.C. 9816 note), of which not less than $5,000,000
shall be made available for rural capacity building activities: Pro-
vided further, That of the total amount provided under this heading,
$5,000,000 shall be made available for capacity building by national
rural housing organizations with experience assessing national
rural conditions and providing financing, training, technical assist-
ance, information, and research to local nonprofits, local govern-
ments, and Indian Tribes serving high need rural communities:
Provided further, That of the total amount provided under this
heading, $4,000,000, shall be made available for a program to
rehabilitate and modify the homes of disabled or low-income vet-
erans, as authorized under section 1079 of Public Law 113–291:
Provided further, That funds provided under the previous proviso
shall be awarded within 180 days of enactment of this Act.
HOMELESS ASSISTANCE GRANTS
For the Emergency Solutions Grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless Assist-
ance Act, as amended; the Continuum of Care program as author-
ized under subtitle C of title IV of such Act; and the Rural Housing
Stability Assistance program as authorized under subtitle D of
title IV of such Act $2,777,000,000, to remain available until Sep-
tember 30, 2022: Provided further, That not less than $290,000,000
of the funds appropriated under this heading shall be available
for such Emergency Solutions Grants program: Provided further,
That not less than $2,350,000,000 of the funds appropriated under
this heading shall be available for such Continuum of Care and
Rural Housing Stability Assistance programs: Provided further,
That of the amounts made available under this heading, up to
$50,000,000 shall be made available for grants for rapid re-housing
projects and supportive service projects providing coordinated entry,
and for eligible activities the Secretary determines to be critical
in order to assist survivors of domestic violence, dating violence,
sexual assault, or stalking: Provided further, That such projects
shall be eligible for renewal under the continuum of care program
subject to the same terms and conditions as other renewal
applicants: Provided further, That up to $7,000,000 of the funds
appropriated under this heading shall be available for the national
Determination.
Deadline.
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133 STAT. 2990 PUBLIC LAW 116–94—DEC. 20, 2019
homeless data analysis project: Provided further, That for all match
requirements applicable to funds made available under this heading
for this fiscal year and prior fiscal years, a grantee may use (or
could have used) as a source of match funds other funds adminis-
tered by the Secretary and other Federal agencies unless there
is (or was) a specific statutory prohibition on any such use of
any such funds: Provided further, That none of the funds provided
under this heading shall be available to provide funding for new
projects, except for projects created through reallocation, unless
the Secretary determines that the continuum of care has dem-
onstrated that projects are evaluated and ranked based on the
degree to which they improve the continuum of care’s system
performance: Provided further, That the Secretary shall prioritize
funding under the Continuum of Care program to continuums of
care that have demonstrated a capacity to reallocate funding from
lower performing projects to higher performing projects: Provided
further, That the Secretary shall provide incentives to create
projects that coordinate with housing providers and healthcare
organizations to provide permanent supportive housing and rapid
rehousing services: Provided further, That any unobligated amounts
remaining from funds appropriated under this heading in fiscal
year 2012 and prior years for project-based rental assistance for
rehabilitation projects with 10-year grant terms may be used for
purposes under this heading, notwithstanding the purposes for
which such funds were appropriated: Provided further, That all
balances for Shelter Plus Care renewals previously funded from
the Shelter Plus Care Renewal account and transferred to this
account shall be available, if recaptured, for Continuum of Care
renewals in fiscal year 2020: Provided further, That the Department
shall notify grantees of their formula allocation from amounts allo-
cated (which may represent initial or final amounts allocated) for
the Emergency Solutions Grant program within 60 days of enact-
ment of this Act: Provided further, That up to $80,000,000 of the
funds appropriated under this heading shall be to implement
projects to demonstrate how a comprehensive approach to serving
homeless youth, age 24 and under, in up to 25 communities with
a priority for communities with substantial rural populations in
up to eight locations, can dramatically reduce youth homelessness:
Provided further, That of the amount made available under the
previous proviso, up to $10,000,000 shall be available to provide
technical assistance on improving system responses to youth
homelessness, and collection, analysis, use, and reporting of data
and performance measures under the comprehensive approaches
to serve homeless youth, in addition to and in coordination with
other technical assistance funds provided under this title: Provided
further, That the Secretary may use up to 10 percent of the amount
made available under the previous proviso to build the capacity
of current technical assistance providers or to train new technical
assistance providers with verifiable prior experience with systems
and programs for youth experiencing homelessness: Provided fur-
ther, That amounts made available for the Continuum of Care
program under this heading in this and prior Acts may be used
to competitively or non-competitively renew or replace grants for
youth homeless demonstration projects under the Continuum of
Care program, notwithstanding any conflict with the requirements
of the Continuum of Care program: Provided further, That youth
aged 24 and under seeking assistance under this heading shall
Data.
Coordination.
Notification.
Deadline.
Incentives.
Priority.
Determination.
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133 STAT. 2991 PUBLIC LAW 116–94—DEC. 20, 2019
not be required to provide third party documentation to establish
their eligibility under 42 U.S.C. 11302(a) or (b) to receive services:
Provided further, That unaccompanied youth aged 24 and under
or families headed by youth aged 24 and under who are living
in unsafe situations may be served by youth-serving providers
funded under this heading: Provided further, That persons eligible
under section 103(a)(5) of the McKinney-Vento Homeless Assistance
Act may be served by any project funded under this heading to
provide both transitional housing and rapid re-housing: Provided
further, That when awarding funds under the Continuum of Care
program, the Secretary shall not deviate from the FY 2018 Notice
of Funding Availability with respect to the tier 2 funding process,
the Continuum of Care application scoring, and for new projects,
the project quality threshold requirements, except as otherwise
provided under this Act or as necessary to award all available
funds or consider the most recent data from each Continuum of
Care.
H
OUSING
P
ROGRAMS
PROJECT
-
BASED RENTAL ASSISTANCE
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for,
$12,170,000,000, to remain available until expended, shall be avail-
able on October 1, 2019 (in addition to the $400,000,000 previously
appropriated under this heading that became available October
1, 2019), and $400,000,000, to remain available until expended,
shall be available on October 1, 2020: Provided, That the amounts
made available under this heading shall be available for expiring
or terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to
section 8 project-based subsidy contracts (including section 8 mod-
erate rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident Homeowner-
ship Act of 1990, and for administrative and other expenses associ-
ated with project-based activities and assistance funded under this
paragraph: Provided further, That of the total amounts provided
under this heading, not to exceed $345,000,000 shall be available
for performance-based contract administrators for section 8 project-
based assistance, for carrying out 42 U.S.C. 1437(f): Provided fur-
ther, That the Secretary may also use such amounts in the previous
proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z–1(a)); rent
supplement payments pursuant to section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
rental assistance payments (12 U.S.C. 1715z–1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable
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133 STAT. 2992 PUBLIC LAW 116–94—DEC. 20, 2019
Housing Act (42 U.S.C. 8013(d)(2)); project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86–372; 73 Stat. 667); and loans under section 202 of the
Housing Act of 1959 (Public Law 86–372; 73 Stat. 667): Provided
further, That amounts recaptured under this heading, the heading
‘‘Annual Contributions for Assisted Housing’’, or the heading
‘‘Housing Certificate Fund’’, may be used for renewals of or amend-
ments to section 8 project-based contracts or for performance-based
contract administrators, notwithstanding the purposes for which
such amounts were appropriated: Provided further, That, notwith-
standing any other provision of law, upon the request of the Sec-
retary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based Housing Assist-
ance Payments contract that authorizes HUD or a Housing Finance
Agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess
of an amount to be determined by the Secretary, shall be remitted
to the Department and deposited in this account, to be available
until expended: Provided further, That amounts deposited pursuant
to the previous proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under this
heading.
HOUSING FOR THE ELDERLY
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section
202 of the Housing Act of 1959, as amended, for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term,
for senior preservation rental assistance contracts, including
renewals, as authorized by section 811(e) of the American Housing
and Economic Opportunity Act of 2000, as amended, and for sup-
portive services associated with the housing, $793,000,000, to
remain available until September 30, 2023: Provided, That of the
amount provided under this heading, up to $100,000,000 shall
be for service coordinators and the continuation of existing con-
gregate service grants for residents of assisted housing projects:
Provided further, That amounts under this heading shall be avail-
able for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 projects: Provided
further, That the Secretary may waive the provisions of section
202 governing the terms and conditions of project rental assistance,
except that the initial contract term for such assistance shall not
exceed 5 years in duration: Provided further, That upon request
of the Secretary, project funds that are held in residual receipts
accounts for any project subject to a section 202 project rental
assistance contract, and that upon termination of such contract
are in excess of an amount to be determined by the Secretary,
shall be remitted to the Department and deposited in this account,
to remain available until September 30, 2023: Provided further,
That amounts deposited in this account pursuant to the previous
proviso shall be available, in addition to the amounts otherwise
provided by this heading, for the purposes authorized under this
heading: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
Determination.
Waiver authority.
Time period.
Grants.
Determination.
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133 STAT. 2993 PUBLIC LAW 116–94—DEC. 20, 2019
appropriated under this heading shall be available for the current
purposes authorized under this heading in addition to the purposes
for which such funds originally were appropriated: Provided further,
That of the total amount provided under this heading, $10,000,000
shall be for a program to be established by the Secretary to make
grants to experienced non-profit organizations, States, local govern-
ments, or public housing agencies for safety and functional home
modification repairs to meet the needs of low-income elderly home-
owners to enable them to remain in their primary residence: Pro-
vided further, That of the total amount made available under the
previous proviso, no less than $5,000,000 shall be available to
meet such needs in communities with substantial rural populations:
Provided further, That beneficiaries of the grant assistance provided
in the previous two provisos under this heading in the Department
of Housing and Urban Development Appropriations Act, 2019
(Public Law 116–6) shall be homeowners.
HOUSING FOR PERSONS WITH DISABILITIES
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 8013), as amended, for project rental
assistance for supportive housing for persons with disabilities under
section 811(d)(2) of such Act, for project assistance contracts pursu-
ant to section 202(h) of the Housing Act of 1959 (Public Law
86–372; 73 Stat. 667), including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance
for up to a 1-year term, for project rental assistance to State
housing finance agencies and other appropriate entities as author-
ized under section 811(b)(3) of the Cranston-Gonzalez National
Housing Act, and for supportive services associated with the housing
for persons with disabilities as authorized by section 811(b)(1) of
such Act, $202,000,000, to remain available until September 30,
2023: Provided, That amounts made available under this heading
shall be available for Real Estate Assessment Center inspections
and inspection-related activities associated with section 811
projects: Provided further, That, upon the request of the Secretary,
project funds that are held in residual receipts accounts for any
project subject to a section 811 project rental assistance contract,
and that upon termination of such contract are in excess of an
amount to be determined by the Secretary, shall be remitted to
the Department and deposited in this account, to remain available
until September 30, 2023: Provided further, That amounts deposited
in this account pursuant to the previous proviso shall be available
in addition to the amounts otherwise provided by this heading
for the purposes authorized under this heading: Provided further,
That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this
heading shall be used for the current purposes authorized under
this heading in addition to the purposes for which such funds
originally were appropriated.
HOUSING COUNSELING ASSISTANCE
For contracts, grants, and other assistance excluding loans,
as authorized under section 106 of the Housing and Urban Develop-
ment Act of 1968, as amended, $53,000,000, to remain available
Contracts.
Determination.
Grants.
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133 STAT. 2994 PUBLIC LAW 116–94—DEC. 20, 2019
until September 30, 2021, including up to $4,500,000 for administra-
tive contract services and up to $3,000,000 for the certification
of housing counselors as required under 12 U.S.C. 1701x: Provided,
That grants made available from amounts provided under this
heading shall be awarded within 180 days of enactment of this
Act: Provided further, That funds shall be used for providing coun-
seling and advice to tenants and homeowners, both current and
prospective, with respect to property maintenance, financial
management or literacy, and such other matters as may be appro-
priate to assist them in improving their housing conditions, meeting
their financial needs, and fulfilling the responsibilities of tenancy
or homeownership; for program administration; and for housing
counselor training: Provided further, That for purposes of providing
such grants from amounts provided under this heading, the Sec-
retary may enter into multiyear agreements, as appropriate, subject
to the availability of annual appropriations.
RENTAL HOUSING ASSISTANCE
For amendments to contracts under section 236(f)(2) of the
National Housing Act (12 U.S.C. 1715z–1) in State-aided, non-
insured rental housing projects, $3,000,000, to remain available
until expended: Provided, That such amount, together with unobli-
gated balances from recaptured amounts appropriated prior to fiscal
year 2006 from terminated contracts under such section of law,
and any unobligated balances, including recaptures and carryover,
remaining from funds appropriated under this heading after fiscal
year 2005, shall also be available for extensions of up to one
year for expiring contracts under such section of law.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
For necessary expenses as authorized by the National Manufac-
tured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.), up to $13,000,000, to remain available until
expended, of which $13,000,000 is to be derived from the Manufac-
tured Housing Fees Trust Fund: Provided, That not to exceed
the total amount appropriated under this heading shall be available
from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt
of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such collections
are received during fiscal year 2020 so as to result in a final
fiscal year 2020 appropriation from the general fund estimated
at zero, and fees pursuant to such section 620 shall be modified
as necessary to ensure such a final fiscal year 2020 appropriation:
Provided further, That the Secretary of Housing and Urban Develop-
ment shall issue a final rule to complete rulemaking initiated
by the proposed rule entitled ‘‘Manufactured Housing Program:
Minimum Payments to the States’’ published in the Federal Register
on December 16, 2016 (81 Fed. Reg. 91083): Provided further,
That for the dispute resolution and installation programs, the Sec-
retary may assess and collect fees from any program participant:
Provided further, That such collections shall be deposited into the
Fund, and the Secretary, as provided herein, may use such collec-
tions, as well as fees collected under section 620, for necessary
expenses of such Act: Provided further, That, notwithstanding the
Regulations.
42 USC 5419
note.
Grants.
Deadline.
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133 STAT. 2995 PUBLIC LAW 116–94—DEC. 20, 2019
requirements of section 620 of such Act, the Secretary may carry
out responsibilities of the Secretary under such Act through the
use of approved service providers that are paid directly by the
recipients of their services.
F
EDERAL
H
OUSING
A
DMINISTRATION
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30, 2021:
Provided, That during fiscal year 2020, obligations to make direct
loans to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $1,000,000: Provided
further, That the foregoing amount in the previous proviso shall
be for loans to nonprofit and governmental entities in connection
with sales of single family real properties owned by the Secretary
and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain available
until September 30, 2021: Provided further, That to the extent
guaranteed loan commitments exceed $200,000,000,000 on or before
April 1, 2020, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000: Provided further, That
notwithstanding the limitation in the first sentence of section 255(g)
of the National Housing Act (12 U.S.C. 1715z–20(g)), during fiscal
year 2020 the Secretary may insure and enter into new commit-
ments to insure mortgages under section 255 of the National
Housing Act only to the extent that the net credit subsidy cost
for such insurance does not exceed zero: Provided further, That
for fiscal year 2020, the Secretary shall not take any action against
a lender solely on the basis of compare ratios that have been
adversely affected by defaults on mortgages secured by properties
in areas where a major disaster was declared in 2017 or 2018
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
New commitments to guarantee loans insured under the Gen-
eral and Special Risk Insurance Funds, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and
1735c), shall not exceed $30,000,000,000 in total loan principal,
any part of which is to be guaranteed, to remain available until
September 30, 2021: Provided, That during fiscal year 2020, gross
obligations for the principal amount of direct loans, as authorized
by sections 204(g), 207(l), 238, and 519(a) of the National Housing
Act, shall not exceed $1,000,000, which shall be for loans to non-
profit and governmental entities in connection with the sale of
single family real properties owned by the Secretary and formerly
insured under such Act.
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133 STAT. 2996 PUBLIC LAW 116–94—DEC. 20, 2019
G
OVERNMENT
N
ATIONAL
M
ORTGAGE
A
SSOCIATION
GUARANTEES OF MORTGAGE
-
BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT
New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $550,000,000,000, to remain available
until September 30, 2021: Provided, That $30,500,000, to remain
available until September 30, 2021, shall be for necessary salaries
and expenses of the Office of Government National Mortgage
Association: Provided further, That to the extent that guaranteed
loan commitments exceed $155,000,000,000 on or before April 1,
2020, an additional $100 for necessary salaries and expenses shall
be available until expended for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $3,000,000: Provided further, That
receipts from Commitment and Multiclass fees collected pursuant
to title III of the National Housing Act, as amended, shall be
credited as offsetting collections to this account.
P
OLICY
D
EVELOPMENT AND
R
ESEARCH
RESEARCH AND TECHNOLOGY
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.),
including carrying out the functions of the Secretary of Housing
and Urban Development under section 1(a)(1)(i) of Reorganization
Plan No. 2 of 1968, and for technical assistance, $98,000,000, to
remain available until September 30, 2021: Provided, That with
respect to amounts made available under this heading, notwith-
standing section 203 of this title, the Secretary may enter into
cooperative agreements with philanthropic entities, other Federal
agencies, State or local governments and their agencies, Indian
tribes, tribally designated housing entities, or colleges or univer-
sities for research projects: Provided further, That with respect
to the previous proviso, such partners to the cooperative agreements
must contribute at least a 50 percent match toward the cost of
the project: Provided further, That for non-competitive agreements
entered into in accordance with the previous two provisos, the
Secretary of Housing and Urban Development shall comply with
section 2(b) of the Federal Funding Accountability and Trans-
parency Act of 2006 (Public Law 109–282, 31 U.S.C. note) in lieu
of compliance with section 102(a)(4)(C) with respect to documenta-
tion of award decisions: Provided further, That prior to obligation
of technical assistance funding, the Secretary shall submit a plan
to the House and Senate Committees on Appropriations on how
it will allocate funding for this activity at least 30 days prior
to obligation: Provided further, That none of the funds provided
under this heading may be available for the doctoral dissertation
research grant program.
Plan.
Deadline.
Compliance.
Contribution.
Effective date.
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133 STAT. 2997 PUBLIC LAW 116–94—DEC. 20, 2019
F
AIR
H
OUSING AND
E
QUAL
O
PPORTUNITY
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not otherwise pro-
vided for, as authorized by title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988,
and section 561 of the Housing and Community Development Act
of 1987, as amended, $70,300,000, to remain available until Sep-
tember 30, 2021: Provided, That grants made available from
amounts provided under this heading shall be awarded within
180 days of enactment of this Act: Provided further, That notwith-
standing 31 U.S.C. 3302, the Secretary may assess and collect
fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to develop on-line courses and provide
such training: Provided further, That no funds made available under
this heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a specific
contract, grant, or loan: Provided further, That of the funds made
available under this heading, $350,000 shall be available to the
Secretary of Housing and Urban Development for the creation and
promotion of translated materials and other programs that support
the assistance of persons with limited English proficiency in uti-
lizing the services provided by the Department of Housing and
Urban Development.
O
FFICE OF
L
EAD
H
AZARD
C
ONTROL AND
H
EALTHY
H
OMES
LEAD HAZARD REDUCTION
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992, $290,000,000, to remain available until September
30, 2022, of which $50,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970, which shall include research,
studies, testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other housing-
related diseases and hazards: Provided, That for purposes of
environmental review, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions
of law that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies program
under this heading or under prior appropriations Acts for such
purposes under this heading, shall be considered to be funds for
a special project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided further,
That not less than $95,000,000 of the amounts made available
under this heading for the award of grants pursuant to section
1011 of the Residential Lead-Based Paint Hazard Reduction Act
of 1992 shall be provided to areas with the highest lead-based
paint abatement needs: Provided further, That $64,000,000 of the
funds appropriated under this heading shall be for the implementa-
tion of projects in not more than ten communities to demonstrate
how intensive, extended, multi-year interventions can dramatically
reduce the presence of lead-based paint hazards in those commu-
nities: Provided further, That each project shall serve no more
Lobbying.
Grants.
Deadline.
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133 STAT. 2998 PUBLIC LAW 116–94—DEC. 20, 2019
than four contiguous census tracts in which there are high con-
centrations of housing stock built before 1940, in which low-income
families with children make up a significantly higher proportion
of the population as compared to the State average, and that
are located in jurisdictions in which instances of elevated blood
lead levels reported to the State are significantly higher than the
State average: Provided further, That such projects shall be awarded
not less than $6,000,000 and not more than $9,000,000: Provided
further, That funding awarded for such projects shall be made
available for draw down contingent upon the grantee meeting cost-
savings, productivity, and grant compliance benchmarks established
by the Secretary: Provided further, That each recipient of funds
for such projects shall contribute an amount not less than 10
percent of the total award, and that the Secretary shall give priority
to applicants that secure commitments for additional contributions
from public and private sources: Provided further, That grantees
currently receiving grants made under this heading shall be eligible
to apply for such projects, provided that they are deemed to be
in compliance with program requirements established by the Sec-
retary: Provided further, That of the amount made available for
the Healthy Homes Initiative, $5,000,000 shall be for the
implementation of projects in up to 5 communities that are served
by both the Healthy Homes Initiative and the Department of Energy
weatherization programs to demonstrate whether the coordination
of Healthy Homes remediation activities with weatherization activi-
ties achieves cost savings and better outcomes in improving the
safety and quality of homes: Provided further, That each applicant
shall certify adequate capacity that is acceptable to the Secretary
to carry out the proposed use of funds pursuant to a notice of
funding availability: Provided further, That amounts made available
under this heading in this or prior appropriations Acts, still
remaining available, may be used for any purpose under this
heading notwithstanding the purpose for which such amounts were
appropriated if a program competition is undersubscribed and there
are other program competitions under this heading that are over-
subscribed.
I
NFORMATION
T
ECHNOLOGY
F
UND
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and pro-
gram-specific information technology systems, for the continuing
operation and maintenance of both Department-wide and program-
specific information systems, and for program-related maintenance
activities, $280,000,000, of which $260,000,000 shall remain avail-
able until September 30, 2021, and of which $20,000,000 shall
remain available until September 30, 2022: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts trans-
ferred to this Fund from amounts appropriated by previously
enacted appropriations Acts may be used for the purposes specified
under this Fund, in addition to any other information technology
purposes for which such amounts were appropriated: Provided fur-
ther, That not more than 10 percent of the funds made available
under this heading for development, modernization and enhance-
ment may be obligated until the Secretary submits to the House
and Senate Committees on Appropriations, for approval, a plan
Expenditure
plan.
Certification.
Notice.
Eligibility.
Requirements.
Contribution.
Priority.
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133 STAT. 2999 PUBLIC LAW 116–94—DEC. 20, 2019
for expenditure that—(A) identifies for each modernization project:
(i) the functional and performance capabilities to be delivered and
the mission benefits to be realized, (ii) the estimated life-cycle
cost, and (iii) key milestones to be met; and (B) demonstrates
that each modernization project is: (i) compliant with the Depart-
ment’s enterprise architecture, (ii) being managed in accordance
with applicable life-cycle management policies and guidance, (iii)
subject to the Department’s capital planning and investment control
requirements, and (iv) supported by an adequately staffed project
office.
O
FFICE OF
I
NSPECTOR
G
ENERAL
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as
amended, $128,200,000: Provided, That the Inspector General shall
have independent authority over all personnel issues within this
office: Provided further, That the Office of Inspector General shall
procure and rely upon the services of an independent external
auditor(s) to audit the fiscal year 2020 and subsequent financial
statements of the Department of Housing and Urban Development
including the financial statements of the Federal Housing Adminis-
tration and the Government National Mortgage Association: Pro-
vided further, That in addition to amounts under this heading
otherwise available for the purposes specified in the previous pro-
viso, $10,000,000 to remain available until September 30, 2021,
shall be available only for such specified purposes.
G
ENERAL
P
ROVISIONS
—D
EPARTMENT OF
H
OUSING AND
U
RBAN
D
EVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSIONS)
S
EC
. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437f note) shall be rescinded
or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies
with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sen-
tence, the Secretary may award up to 15 percent of the budget
authority or cash recaptured and not rescinded or remitted to
the Treasury to provide project owners with incentives to refinance
their project at a lower interest rate.
S
EC
. 202. None of the amounts made available under this
Act may be used during fiscal year 2020 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged
in by one or more persons, including the filing or maintaining
of a nonfrivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government official
or entity, or a court of competent jurisdiction.
Contracts.
Audits.
42 USC 3550.
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133 STAT. 3000 PUBLIC LAW 116–94—DEC. 20, 2019
S
EC
. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title
II of this Act shall be made on a competitive basis and in accordance
with section 102 of the Department of Housing and Urban Develop-
ment Reform Act of 1989 (42 U.S.C. 3545).
S
EC
. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal serv-
ices on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Associa-
tion, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1).
S
EC
. 205. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available
for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
S
EC
. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Govern-
ment Corporation Control Act are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance
with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
such Act as may be necessary in carrying out the programs set
forth in the budget for 2020 for such corporation or agency except
as hereinafter provided: Provided, That collections of these corpora-
tions and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage pur-
chases are necessary to protect the financial interest of the United
States Government.
S
EC
. 207. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate Committees
on Appropriations regarding all uncommitted, unobligated, recap-
tured and excess funds in each program and activity within the
jurisdiction of the Department and shall submit additional, updated
budget information to these Committees upon request.
S
EC
. 208. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
S
EC
. 209. (a) Notwithstanding any other provision of law, sub-
ject to the conditions listed under this section, for fiscal years
2020 and 2021, the Secretary of Housing and Urban Development
may authorize the transfer of some or all project-based assistance,
debt held or insured by the Secretary and statutorily required
low-income and very low-income use restrictions if any, associated
with one or more multifamily housing project or projects to another
multifamily housing project or projects.
Time period.
Reports.
Budget.
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133 STAT. 3001 PUBLIC LAW 116–94—DEC. 20, 2019
(b) P
HASED
T
RANSFERS
.—Transfers of project-based assistance
under this section may be done in phases to accommodate the
financing and other requirements related to rehabilitating or con-
structing the project or projects to which the assistance is trans-
ferred, to ensure that such project or projects meet the standards
under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) N
UMBER AND BEDROOM SIZE OF UNITS
.—
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transfer-
ring project shall be no less than when transferred to
the receiving project or projects and the net dollar amount
of Federal assistance provided to the transferring project
shall remain the same in the receiving project or projects.
(B) For unoccupied units in the transferring project:
The Secretary may authorize a reduction in the number
of dwelling units in the receiving project or projects to
allow for a reconfiguration of bedroom sizes to meet current
market demands, as determined by the Secretary and pro-
vided there is no increase in the project-based assistance
budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the receiving
project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such
project by the Secretary, except that the Secretary may waive
this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition, construction,
and/or rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a continuation
of the existing use agreement or a new use agreement for
the project where, in either case, any use restrictions in such
agreement are of no lesser duration than the existing use
restrictions.
(9) The transfer does not increase the cost (as defined
in section 502 of the Congressional Budget Act of 1974(2 U.S.C.
Records.
Waiver authority.
Determination.
Determination.
Notification.
Consultation.
Certification.
Standards.
Determination.
Determination.
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133 STAT. 3002 PUBLIC LAW 116–94—DEC. 20, 2019
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section—
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ‘‘multifamily housing project’’ means housing
that meets one of the following conditions—
(A) housing that is subject to a mortgage insured under
the National Housing Act;
(B) housing that has project-based assistance attached
to the structure including projects undergoing mark to
market debt restructuring under the Multifamily Assisted
Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as such section
existed before the enactment of the Cranston-Gonzales
National Affordable Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42
U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ‘‘project-based assistance’’ means—
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s);
(D) interest reduction payments under section 236 and/
or additional assistance payments under section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z–1);
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013(d)(2));
(4) the term ‘‘receiving project or projects’’ means the multi-
family housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required low-
income and very low-income use restrictions are to be trans-
ferred;
(5) the term ‘‘transferring project’’ means the multifamily
housing project which is transferring some or all of the project-
based assistance, debt, and the statutorily required low-income
and very low-income use restrictions to the receiving project
or projects; and
(6) the term ‘‘Secretary’’ means the Secretary of Housing
and Urban Development.
Definitions.
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133 STAT. 3003 PUBLIC LAW 116–94—DEC. 20, 2019
(e) R
ESEARCH
R
EPORT
.—The Secretary shall conduct an evalua-
tion of the transfer authority under this section, including the
effect of such transfers on the operational efficiency, contract rents,
physical and financial conditions, and long-term preservation of
the affected properties.
S
EC
. 210. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who—
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance
under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive assist-
ance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess
of amounts received for tuition and any other required fees and
charges) that an individual receives under the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
an institution of higher education (as defined under section 102
of the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be
considered income to that individual, except for a person over
the age of 23 with dependent children.
S
EC
. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ‘‘Native American Programs’’ in
title II of this Act shall be allocated to the same Native Alaskan
housing block grant recipients that received funds in fiscal year
2005, and only such recipients shall be eligible to apply for funds
made available under paragraph (3) of such heading.
S
EC
. 212. Notwithstanding any other provision of law, in fiscal
year 2020, in managing and disposing of any multifamily property
that is owned or has a mortgage held by the Secretary of Housing
and Urban Development, and during the process of foreclosure
on any property with a contract for rental assistance payments
under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) or other Federal programs, the Secretary shall main-
tain any rental assistance payments under section 8 of the United
States Housing Act of 1937 and other programs that are attached
to any dwelling units in the property. To the extent the Secretary
determines, in consultation with the tenants and the local govern-
ment, that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance payments
under such section 8 or other programs, based on consideration
of (1) the costs of rehabilitating and operating the property and
all available Federal, State, and local resources, including rent
Determination.
Consultation.
Allocation.
Eligibility.
Determination.
Evaluation.
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133 STAT. 3004 PUBLIC LAW 116–94—DEC. 20, 2019
adjustments under section 524 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (‘‘MAHRAA’’) (42 U.S.C. 1437f
note) and (2) environmental conditions that cannot be remedied
in a cost-effective fashion, the Secretary may, in consultation with
the tenants of that property, contract for project-based rental assist-
ance payments with an owner or owners of other existing housing
properties, or provide other rental assistance. The Secretary shall
also take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
imminent major threats to health and safety after written notice
to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership.
After disposition of any multifamily property described under this
section, the contract and allowable rent levels on such properties
shall be subject to the requirements under section 524 of MAHRAA.
S
EC
. 213. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the operating
fund rule: Provided, That an agency seeking a discontinuance of
a reduction of subsidy under the operating fund formula shall
not be exempt from asset management requirements.
S
EC
. 214. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital improvement
and management of public housing as authorized by sections 9(d)
and 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits
in any way the use of capital funds for central office costs pursuant
to section 9(g)(1) or 9(g)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section 9(d)
for activities that are eligible under section 9(e) for assistance
with amounts from the operating fund in excess of the amounts
permitted under section 9(g)(1) or 9(g)(2).
S
EC
. 215. No official or employee of the Department of Housing
and Urban Development shall be designated as an allotment holder
unless the Office of the Chief Financial Officer has determined
that such allotment holder has implemented an adequate system
of funds control and has received training in funds control proce-
dures and directives. The Chief Financial Officer shall ensure that
there is a trained allotment holder for each HUD appropriation
under the accounts ‘‘Executive Offices’’, ‘‘Administrative Support
Offices’’, ‘‘Program Offices’’, ‘‘Government National Mortgage
Association—Guarantees of Mortgage-Backed Securities Loan Guar-
antee Program Account’’, and ‘‘Office of Inspector General’’ within
the Department of Housing and Urban Development.
S
EC
. 216. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2020, notify the public
through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of assist-
ance or notice of funding availability (NOFA) for any program
or discretionary fund administered by the Secretary that is to
be competitively awarded. Notwithstanding any other provision of
Notification.
Public
information.
Federal Register,
publication.
Notice.
Web posting.
42 USC 3545a
note.
Determination.
42 USC 1437g
note.
Requirements.
Contracts.
Notification.
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133 STAT. 3005 PUBLIC LAW 116–94—DEC. 20, 2019
law, for fiscal year 2020, the Secretary may make the NOFA avail-
able only on the Internet at the appropriate Government web site
or through other electronic media, as determined by the Secretary.
S
EC
. 217. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of
General Counsel salaries and expenses appropriations. The annual
budget submission for the program offices and the Office of General
Counsel shall include any such projected litigation costs for attorney
fees as a separate line item request. No funds provided in this
title may be used to pay any such litigation costs for attorney
fees until the Department submits for review a spending plan
for such costs to the House and Senate Committees on Appropria-
tions.
S
EC
. 218. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds appropriated
for any office under the headings ‘‘Administrative Support Offices’’
or ‘‘Program Offices’’ to any other such office or account: Provided,
That no appropriation for any such office or account shall be
increased or decreased by more than 10 percent or $5,000,000,
whichever is less, without prior written approval of the House
and Senate Committees on Appropriations: Provided further, That
the Secretary shall provide notification to such Committees 3 busi-
ness days in advance of any such transfers under this section
up to 10 percent or $5,000,000, whichever is less.
S
EC
. 219. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined
by the Secretary of Housing and Urban Development (in this section
referred to as the ‘‘Secretary’’), and comply with any standards
under applicable State or local laws, rules, ordinances, or regula-
tions relating to the physical condition of any property covered
under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when
a multifamily housing project with a section 8 contract or contract
for similar project-based assistance—
(1) receives a Uniform Physical Condition Standards
(UPCS) score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects
with assistance attached to the units under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), but do not apply
to such units assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13))
or to public housing units assisted with capital or operating funds
under section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC inspection,
the Secretary must provide the owner with a Notice of Default
with a specified timetable, determined by the Secretary, for cor-
recting all deficiencies. The Secretary must also provide a copy
of the Notice of Default to the tenants, the local government,
any mortgagees, and any contract administrator. If the owner’s
appeal results in a UPCS score of 60 or above, the Secretary
may withdraw the Notice of Default.
(2) At the end of the time period for correcting all defi-
ciencies specified in the Notice of Default, if the owner fails
to fully correct such deficiencies, the Secretary may—
Records.
Deadline.
Notice.
Determination.
Applicability.
Certification.
Deadline.
Determination.
Compliance.
Notification.
Deadline.
Notification.
Approval.
Review.
Spending plan.
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133 STAT. 3006 PUBLIC LAW 116–94—DEC. 20, 2019
(A) require immediate replacement of project manage-
ment with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary condi-
tions at applicable properties, as designated by the Sec-
retary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all defi-
ciencies have been corrected;
(D) pursue transfer of the project to an owner, approved
by the Secretary under established procedures, which will
be obligated to promptly make all required repairs and
to accept renewal of the assistance contract as long as
such renewal is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspen-
sions or debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage
the property and cure all project deficiencies or seek a
judicial order of specific performance requiring the owner
to cure all project deficiencies;
(H) work with the owner, lender, or other related party
to stabilize the property in an attempt to preserve the
property through compliance, transfer of ownership, or an
infusion of capital provided by a third-party that requires
time to effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Sec-
retary.
(d) The Secretary shall also take appropriate steps to ensure
that project-based contracts remain in effect, subject to the exercise
of contractual abatement remedies to assist relocation of tenants
for major threats to health and safety after written notice to the
affected tenants. To the extent the Secretary determines, in con-
sultation with the tenants and the local government, that the
property is not feasible for continued rental assistance payments
under such section 8 or other programs, based on consideration
of—
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources, including
rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (‘‘MAHRAA’’);
and
(2) environmental conditions that cannot be remedied in
a cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners
of other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report quarterly on all properties cov-
ered by this section that are assessed through the Real Estate
Assessment Center and have UPCS physical inspection scores of
less than 60 or have received an unsatisfactory management and
occupancy review within the past 36 months. The report shall
include—
Reports.
Time period.
Determination.
Consultation.
Contracts.
Notice.
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133 STAT. 3007 PUBLIC LAW 116–94—DEC. 20, 2019
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be due to the Senate and House Committees
on Appropriations no later than 30 days after the enactment of
this Act, and on the first business day of each Federal fiscal year
quarter thereafter while this section remains in effect.
S
EC
. 220. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only with
respect to the tenant-based rental assistance program) and section
9 of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.), may be used by any public housing agency for any amount
of salary, including bonuses, for the chief executive officer of which,
or any other official or employee of which, that exceeds the annual
rate of basic pay payable for a position at level IV of the Executive
Schedule at any time during any public housing agency fiscal year
2020.
S
EC
. 221. None of the funds in this Act provided to the Depart-
ment of Housing and Urban Development may be used to make
a grant award unless the Secretary notifies the House and Senate
Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, tribe, nonprofit
organization, or other entity selected to receive a grant award
is announced by the Department or its offices.
S
EC
. 222. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment (PNA).
S
EC
. 223. None of the funds made available in this Act shall
be used by the Federal Housing Administration, the Government
National Mortgage Administration, or the Department of Housing
and Urban Development to insure, securitize, or establish a Federal
guarantee of any mortgage or mortgage backed security that
refinances or otherwise replaces a mortgage that has been subject
to eminent domain condemnation or seizure, by a State, munici-
pality, or any other political subdivision of a State.
S
EC
. 224. None of the funds made available by this Act may
be used to terminate the status of a unit of general local government
as a metropolitan city (as defined in section 102 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302)) with
respect to grants under section 106 of such Act (42 U.S.C. 5306).
S
EC
. 225. Amounts made available under this Act which are
either appropriated, allocated, advanced on a reimbursable basis,
or transferred to the Office of Policy Development and Research
in the Department of Housing and Urban Development and func-
tions thereof, for research, evaluation, or statistical purposes, and
which are unexpended at the time of completion of a contract,
grant, or cooperative agreement, may be deobligated and shall
immediately become available and may be reobligated in that fiscal
year or the subsequent fiscal year for the research, evaluation,
or statistical purposes for which the amounts are made available
Mortgages.
Eminent domain.
Grants.
Notification.
Deadline.
Recommenda-
tions.
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133 STAT. 3008 PUBLIC LAW 116–94—DEC. 20, 2019
to that Office subject to reprogramming requirements in section
405 of this Act.
S
EC
. 226. None of the funds provided in this Act or any other
act may be used for awards, including performance, special act,
or spot, for any employee of the Department of Housing and Urban
Development subject to administrative discipline (including suspen-
sion from work), in this fiscal year, but this prohibition shall not
be effective prior to the effective date of any such administrative
discipline or after any final decision over-turning such discipline.
S
EC
. 227. Funds made available in this title under the heading
‘‘Homeless Assistance Grants’’ may be used by the Secretary to
participate in Performance Partnership Pilots authorized under sec-
tion 526 of division H of Public Law 113–76, section 524 of division
G of Public Law 113–235, section 525 of division H of Public
Law 114–113, section 525 of division H of Public Law 115–31,
section 525 of division H of Public Law 115–141, section 524 of
division B of Public Law 115–245 and such authorities as are
enacted for Performance Partnership Pilots in an appropriations
Act for fiscal year 2020: Provided, That such participation shall
be limited to no more than 10 continuums of care and housing
activities to improve outcomes for disconnected youth.
S
EC
. 228. With respect to grant amounts awarded under the
heading ‘‘Homeless Assistance Grants’’ for fiscal years 2015 through
2020 for the continuum of care (CoC) program as authorized under
subtitle C of title IV of the McKinney-Vento Homeless Assistance
Act, costs paid by program income of grant recipients may count
toward meeting the recipient’s matching requirements, provided
the costs are eligible CoC costs that supplement the recipient’s
CoC program.
S
EC
. 229. (a) From amounts made available under this title
under the heading ‘‘Homeless Assistance Grants’’, the Secretary
may award 1-year transition grants to recipients of funds for activi-
ties under subtitle C of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11381 et seq.) to transition from one Continuum
of Care program component to another.
(b) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the Continuum of Care
and meet standards determined by the Secretary.
S
EC
. 230. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development
to direct a grantee to undertake specific changes to existing zoning
laws as part of carrying out the final rule entitled ‘‘Affirmatively
Furthering Fair Housing’’ (80 Fed. Reg. 42272 (July 16, 2015))
or the notice entitled ‘‘Affirmatively Furthering Fair Housing
Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 2014)).
S
EC
. 231. (a) Amounts recaptured from funds appropriated
for this or any succeeding fiscal year under the heading ‘‘Depart-
ment of Housing and Urban Development—Community Planning
and Development—Homeless Assistance Grants’’ shall become avail-
able until expended not later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available and
shall be available, in addition to rental assistance amounts that
were recaptured and made available until expended under such
heading by any prior Act, and in addition to such other funds
as may be available for such purposes, for the following purposes:
Grants.
Deadline.
42 USC 11364a.
Determination.
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133 STAT. 3009 PUBLIC LAW 116–94—DEC. 20, 2019
(1) For grants under the Continuum of Care program under
subtitle C of title IV of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11381 et seq.);
(2) For grants under the Emergency Solutions Grant pro-
gram under subtitle B of title IV of such Act (42 U.S.C. 11371
et seq.);
(3) Not less than 10 percent of the amounts shall be used
only for grants in rural areas under the Continuum of Care
program, to include activities eligible under the Rural Housing
Stability Assistance program under section 491 of such Act
(42 U.S.C. 11408) that are not otherwise eligible under the
Continuum of Care program; and
(4) Not less than 10 percent of the amounts shall be for
emergency solutions grants for disaster areas as authorized
by subsection (c).
(b) Prior to the use of any recaptured amounts referred to
in subsection (a), including competing, awarding, or obligating such
amounts, the Secretary shall submit a plan in accordance with
subsection (a) that specifies the planned use of any such amounts
to the Committees on Appropriations of the House of Representa-
tives and the Senate, and receive prior written approval of such
plan, except that use of amounts in the plan for the purposes
specified in subsection (a)(4) may begin once such plan is submitted
to such Committees.
(c)(1) The Secretary may make grants under the Emergency
Solutions Grants program under subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.)
to States or local governments to address the needs of homeless
individuals or families or individuals or families at risk of homeless-
ness in areas affected by a major disaster declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) on or after the date of enactment
of this Act, whose needs are not otherwise served or fully met
by existing Federal disaster relief programs, including the Transi-
tional Sheltering Assistance program under such Act (42 U.S.C.
5170b).
(2) For purposes of grants under paragraph (1), the Secretary
may suspend all consultation, citizen participation, and matching
requirements.
S
EC
. 232. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations,
made by the Secretary of Housing and Urban Development in
prior fiscal years, shall remain in effect in accordance with the
terms and conditions of such agreements.
S
EC
. 233. None of the funds made available by this Act may
be used to establish and apply review criteria, including rating
factors or preference points, for participation in or coordination
with EnVision Centers, in the evaluation, selection, and award
of any funds made available and requiring competitive selection
under this Act, except with respect to any such funds otherwise
authorized for EnVision Center purposes under this Act.
S
EC
. 234. (a) The Secretary of Housing and Urban Development
shall make available to grantees under programs included under
the Department’s Consolidated Planning Process, not later than
the expiration of the 90-day period beginning on the date of the
enactment of this Act, the prepopulated up-to-date housing and
Deadline.
Time period.
Data.
Plan.
Approval.
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133 STAT. 3010 PUBLIC LAW 116–94—DEC. 20, 2019
economic data and data for both broadband and resilience assess-
ment requirements, as referred to in the HUD Response to the
third comment under section III.A. of the Supplementary Informa-
tion included with the final rule entitled ‘‘Modernizing HUD’s
Consolidated Planning Process To Narrow the Digital Divide and
Increase Resilience to Natural Hazards’’, published by the Depart-
ment of Housing and Urban Development in the Federal Register
on Friday, December 16, 2016 (81 Fed. Reg. 91000).
(b) The Secretary of Housing and Urban Development shall
require such grantees to incorporate the broadband and resilience
components into the Consolidated Plan process not later than the
expiration of the 270-day period beginning on the date of the enact-
ment of this Act.
S
EC
. 235. None of the funds made available by this or any
prior Act may be used to require or enforce any changes to the
terms and conditions of the public housing annual contributions
contract between the Secretary and any public housing agency,
as such contract was in effect as of December 31, 2017, unless
such changes are mutually agreed upon by the Secretary and such
agency: Provided, That such agreement by an agency may be
indicated only by a written amendment to the terms and conditions
containing the duly authorized signature of its chief executive:
Provided further, That the Secretary may not withhold funds to
compel such agreement by an agency which certifies to its compli-
ance with its contract.
S
EC
. 236. None of the amounts made available in this Act
or in the Department of Housing and Urban Development Appro-
priations Act, 2019 (Public Law 116–6) may be used to consider
Family Self-Sufficiency performance measures or performance
scores in determining funding awards for programs receiving Family
Self-Sufficiency program coordinator funding provided in this Act
or in the Department of Housing and Urban Development Appro-
priations Act, 2019 (Public Law 116–6).
S
EC
. 237. (a) All unobligated balances from funds appropriated
under the heading ‘‘Department of Housing and Urban Development
Public and Indian Housing—Tenant Based Rental Assistance’’ in
chapter 10 of title I of division B of the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009
(Public Law 110–329) are hereby rescinded.
(b) All unobligated balances from funds appropriated under
the heading ‘‘Department of Housing and Urban Development
Public and Indian Housing—Project-Based Rental Assistance’’ in
chapter 10 of title I of division B of the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009
(Public Law 110–329; 122 Stat. 324) (as amended by section 1203
of Public Law 111–32; 123 Stat. 1859) are hereby rescinded.
S
EC
. 238. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of (Public Law 114–113)
may, upon such designation, use funds (except for special purpose
funding, including special purpose vouchers) previously allocated
to any such public housing agency under section 8 or 9 of the
United States Housing Act of 1937, including any reserve funds
held by the public housing agency or funds held by the Department
of Housing and Urban Development, pursuant to the authority
for use of section 8 or 9 funding provided under such section
and section 204 of title II of the Departments of Veterans Affairs
and Housing and Urban Development and Independent Agencies
Rescissions.
Determination.
Certification.
Contracts.
Requirement.
Deadline.
Time period.
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133 STAT. 3011 PUBLIC LAW 116–94—DEC. 20, 2019
Appropriations Act, 1996 (Public Law 104–134), notwithstanding
the purposes for which such funds were appropriated.
S
EC
. 239. None of the amounts made available by this Act
or by Public Law 116–6 may be used to prohibit any public housing
agency under receivership or the direction of a Federal monitor
from applying for, receiving, or using funds made available under
the heading ‘‘Public Housing Capital Fund’’ for competitive grants
to evaluate and reduce lead-based paint hazards in this Act or
that remain available and not awarded from prior Acts, or be
used to prohibit a public housing agency from using such funds
to carry out any required work pursuant to a settlement agreement,
consent decree, voluntary agreement, or similar document for a
violation of the Lead Safe Housing or Lead Disclosure Rules.
This title may be cited as the ‘‘Department of Housing and
Urban Development Appropriations Act, 2020’’.
TITLE III
RELATED AGENCIES
A
CCESS
B
OARD
SALARIES AND EXPENSES
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$9,200,000: Provided, That, notwithstanding any other provision
of law, there may be credited to this appropriation funds received
for publications and training expenses: Provided further, That of
this amount, $800,000 shall be for activities authorized under sec-
tion 432 of Public Law 115–254.
F
EDERAL
M
ARITIME
C
OMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936,
as amended (46 U.S.C. 307), including services as authorized by
5 U.S.C. 3109; hire of passenger motor vehicles as authorized by
31 U.S.C. 1343(b); and uniforms or allowances therefore, as author-
ized by 5 U.S.C. 5901–5902, $28,000,000: Provided, That not to
exceed $2,000 shall be available for official reception and represen-
tation expenses.
N
ATIONAL
R
AILROAD
P
ASSENGER
C
ORPORATION
O
FFICE OF
I
NSPECTOR
G
ENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General for
the National Railroad Passenger Corporation to carry out the provi-
sions of the Inspector General Act of 1978, as amended, $24,274,000:
Provided, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in the Inspector
General Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18 U.S.C.
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133 STAT. 3012 PUBLIC LAW 116–94—DEC. 20, 2019
1001), by any person or entity that is subject to regulation by
the National Railroad Passenger Corporation: Provided further,
That the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other services with
public agencies and with private persons, subject to the applicable
laws and regulations that govern the obtaining of such services
within the National Railroad Passenger Corporation: Provided fur-
ther, That the Inspector General may select, appoint, and employ
such officers and employees as may be necessary for carrying out
the functions, powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment within the Corporation:
Provided further, That concurrent with the President’s budget
request for fiscal year 2021, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget
request for fiscal year 2021 in similar format and substance to
those submitted by executive agencies of the Federal Government.
N
ATIONAL
T
RANSPORTATION
S
AFETY
B
OARD
SALARIES AND EXPENSES
For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–
15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901–5902), $110,400,000, of which not to exceed $2,000 may be
used for official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital lease.
N
EIGHBORHOOD
R
EINVESTMENT
C
ORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $157,500,000, of which $5,000,000 shall be for a multi-family
rental housing program: Provided, That an additional $1,000,000,
to remain available until September 30, 2023, shall be for the
promotion and development of shared equity housing models.
S
URFACE
T
RANSPORTATION
B
OARD
SALARIES AND EXPENSES
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000: Pro-
vided, That notwithstanding any other provision of law, not to
exceed $1,250,000 from fees established by the Chairman of the
Surface Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and authorized
expenses under this heading: Provided further, That the sum herein
appropriated from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
Budget request.
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133 STAT. 3013 PUBLIC LAW 116–94—DEC. 20, 2019
fiscal year 2020, to result in a final appropriation from the general
fund estimated at no more than $35,850,000.
U
NITED
S
TATES
I
NTERAGENCY
C
OUNCIL ON
H
OMELESSNESS
OPERATING EXPENSES
For necessary expenses (including payment of salaries, author-
ized travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant
to title II of the McKinney-Vento Homeless Assistance Act, as
amended, $3,800,000, to remain available until September 30, 2021.
TITLE IV
GENERAL PROVISIONS—THIS ACT
S
EC
. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
S
EC
. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
S
EC
. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
S
EC
. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emo-
tional response or psychological stress in some participants;
(3) does not require prior employee notification of the con-
tent and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with reli-
gious or quasi-religious belief systems or ‘‘new age’’ belief sys-
tems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
S
EC
. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2020, or pro-
vided from any accounts in the Treasury derived by the collection
Contracts.
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133 STAT. 3014 PUBLIC LAW 116–94—DEC. 20, 2019
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
by the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the joint explanatory statement accompanying this Act, which-
ever is more detailed, unless prior approval is received from
the House and Senate Committees on Appropriations: Provided,
That not later than 60 days after the date of enactment of
this Act, each agency funded by this Act shall submit a report
to the Committees on Appropriations of the Senate and of
the House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That the report shall
include—
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the Presi-
dent’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level;
(B) a delineation in the table for each appropriation
and its respective prior year enacted level by object class
and program, project, and activity as detailed in this Act,
the table accompanying the explanatory statement accom-
panying this Act, accompanying reports of the House and
Senate Committee on Appropriations, or in the budget
appendix for the respective appropriations, whichever is
more detailed, and shall apply to all items for which a
dollar amount is specified and to all programs for which
new budget (obligational) authority is provided, as well
as to discretionary grants and discretionary grant alloca-
tions; and
(C) an identification of items of special congressional
interest.
S
EC
. 406. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2020 from appropriations made available
for salaries and expenses for fiscal year 2020 in this Act, shall
remain available through September 30, 2021, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the House and Senate Committees on Appropriations
for approval prior to the expenditure of such funds: Provided further,
Expenditure
request.
Applicability.
Reports.
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133 STAT. 3015 PUBLIC LAW 116–94—DEC. 20, 2019
That these requests shall be made in compliance with reprogram-
ming guidelines under section 405 of this Act.
S
EC
. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that pri-
marily benefits private entities: Provided further, That any use
of funds for mass transit, railroad, airport, seaport or highway
projects, as well as utility projects which benefit or serve the general
public (including energy-related, communication-related, water-
related and wastewater-related infrastructure), other structures
designated for use by the general public or which have other
common-carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the govern-
ment, and projects for the removal of an immediate threat to
public health and safety or brownfields as defined in the Small
Business Liability Relief and Brownfields Revitalization Act (Public
Law 107–118) shall be considered a public use for purposes of
eminent domain.
S
EC
. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priations Act.
S
EC
. 409. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his or her period of active military
or naval service, and has within 90 days after his or her release
from such service or from hospitalization continuing after discharge
for a period of not more than 1 year, made application for restoration
to his or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the duties
of his or her former position and has not been restored thereto.
S
EC
. 410. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 8301–8305, popularly known
as the ‘‘Buy American Act’’).
S
EC
. 411. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 8301–8305).
S
EC
. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in contravention of
sections 301–10.122 and 301–10.123 of title 41, Code of Federal
Regulations.
S
EC
. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code, or
exemption application under section 40109 of that title of an air
carrier already holding an air operators certificate issued by a
country that is party to the U.S.-E.U.-Iceland-Norway Air Transport
Agreement where such approval would contravene United States
Compliance.
Deadline.
Time period.
Certification.
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133 STAT. 3016 PUBLIC LAW 116–94—DEC. 20, 2019
law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign
air carrier permit or an exemption to such an air carrier where
such authorization is consistent with the U.S.-E.U.-Iceland-Norway
Air Transport Agreement and United States law.
S
EC
. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of a single agency or department of the United States
Government, who are stationed in the United States, at any single
international conference unless the relevant Secretary reports to
the House and Senate Committees on Appropriations at least 5
days in advance that such attendance is important to the national
interest: Provided, That for purposes of this section the term ‘‘inter-
national conference’’ shall mean a conference occurring outside of
the United States attended by representatives of the United States
Government and of foreign governments, international organiza-
tions, or nongovernmental organizations.
S
EC
. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice com-
plaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section
1914 of title 28, United States Code.
S
EC
. 416. None of the funds made available by this Act may
be used by the Department of Transportation, the Department
of Housing and Urban Development, or any other Federal agency
to lease or purchase new light duty vehicles for any executive
fleet, or for an agency’s fleet inventory, except in accordance with
Presidential Memorandum—Federal Fleet Performance, dated May
24, 2011.
S
EC
. 417. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
S
EC
. 418. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other materials
available to the department or agency over which that Inspector
General has responsibilities under the Inspector General Act of
1978 (5 U.S.C. App.), or to prevent or impede that Inspector Gen-
eral’s access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the Inspector
General’s right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents,
and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statu-
tory limitations on disclosure relevant to the information provided
by the establishment over which that Inspector General has respon-
sibilities under the Inspector General Act of 1978 (5 U.S.C. App.).
Records.
Pornography.
Definition.
Reports.
Time period.
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133 STAT. 3017 PUBLIC LAW 116–94—DEC. 20, 2019
(d) Each Inspector General covered by this section shall report
to the Committees on Appropriations of the House of Representa-
tives and the Senate within 5 calendar days any failures to comply
with this requirement.
S
EC
. 419. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees
for contractors whose performance has been judged to be below
satisfactory, behind schedule, over budget, or has failed to meet
the basic requirements of a contract, unless the Agency determines
that any such deviations are due to unforeseeable events, govern-
ment-driven scope changes, or are not significant within the overall
scope of the project and/or program unless such awards or incentive
fees are consistent with 16.401(e)(2) of the Federal Acquisition
Regulations.
S
EC
. 420. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this division shall be treated as referring
only to the provisions of this division.
S
EC
. 421. None of the funds made available by this Act may
be used in contravention of section 5309(d)(2) of title 49, United
States Code.
S
EC
. 422. None of the funds made available by this division
may be used to issue rules or guidance in contravention of section
1210 of Public Law 115–254 (132 Stat. 3442) or section 312 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155).
S
EC
. 423. None of the funds made available by this division
may be used in contravention of section 2635.702 of title 5, Code
of Federal Regulations.
S
EC
. 424. Of the unobligated balances of funds remaining
from—
(1) Public Law 91–605, and any other Act, appropriated
to the ‘‘Rail Crossings Demonstration Projects’’ account under
Treasury Account Fund Symbol 69X0555, a total of $517,220.20
is hereby permanently rescinded;
(2) Public Law 92–18, and any other Act, appropriated
to the ‘‘Darien Gap Highway’’ account under Treasury Account
Fund Symbol 69X0553, a total of $2,037,034.50 is hereby
permanently rescinded;
(3) Public Law 93–87, and any other Act, appropriated
to the ‘‘Alaska Highway’’ account under Treasury Account Fund
Symbol 69X0537, a total of $62,861.61 is hereby permanently
rescinded;
(4) Public Law 94–387, and any other Act, appropriated
to the ‘‘Railroad-Highway Crossings Demonstration Projects’’
account under Treasury Account Fund Symbol 69X0557, a total
of $2,035,137.12 is hereby permanently rescinded;
(5) Public Law 97–257, and any other Act, appropriated
to the ‘‘Access Highways to Public Recreation Areas on Certain
Lakes’’ account under Treasury Account Fund Symbol 69X0503,
a total of $352,333.19 is hereby permanently rescinded;
(6) Public Law 99–190, and any other Act, appropriated
to the ‘‘Highway Beautification’’ account under Treasury
Account Fund Symbol 69X0540, a total of $488,909.57 is hereby
permanently rescinded;
(7) Public Law 101–164, and any other Act, appropriated
to the ‘‘Highway Demonstration Projects-Preliminary
Engineering’’ account under Treasury Account Fund Symbol
1 USC 1 note.
Contracts.
Determination.
Reports.
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133 STAT. 3018 PUBLIC LAW 116–94—DEC. 20, 2019
69X0583, a total of $2,601,431.71 is hereby permanently
rescinded;
(8) Public Law 101–516, and any other Act, appropriated
to the ‘‘Highway Demonstration Projects’’ account under
Treasury Account Fund Symbol 69X0598, a total of $1,341
is hereby permanently rescinded;
(9) Public Law 102–143, and any other Act, appropriated
to the ‘‘Highway Studies Feasibility, Design, Environmental,
Engineering’’ account under Treasury Account Fund Symbol
69X0533, a total of $262,204.01 is hereby permanently
rescinded;
(10) Public Law 103–331, and any other Act, appropriated
to the ‘‘Surface Transportation Projects’’ account under
Treasury Account Fund Symbol 69X0505, a total of $573,097.13
is hereby permanently rescinded; and
(11) Public Law 107–87, and any other Act, appropriated
to the ‘‘Miscellaneous Highway Project’’ account under Treasury
Account Fund Symbol 69X0641, a total of $11,003,637 is hereby
permanently rescinded.
S
EC
. 425. (a) Section 127(l)(3)(A) of title 23, United States
Code, is amended—
(1) in the matter preceding clause (i), in the first sentence,
by striking ‘‘clause (i) or (ii)’’ and inserting ‘‘clauses (i) through
(iv)’’; and
(2) by adding at the end the following:
‘‘(iii) The Wendell H. Ford (Western Kentucky)
Parkway (to be designated as a spur of Interstate
Route 69) from the interchange with the William H.
Natcher Parkway in Ohio County, Kentucky, west to
the interchange of the Western Kentucky Parkway
with the Edward T. Breathitt (Pennyrile) Parkway.
‘‘(iv) The Edward T. Breathitt (Pennyrile) Parkway
(to be designated as a spur of Interstate Route 69)
from Interstate 24, north to Interstate 69.’’.
(b) D
ESIGNATION AS
H
IGH
P
RIORITY
C
ORRIDOR
.—Section 1105(c)
of the Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102–240; 105 Stat. 2032; 131 Stat. 797) is amended
by adding at the end the following:
‘‘(91) The Wendell H. Ford (Western Kentucky) Parkway
from the interchange with the William H. Natcher Parkway
in Ohio County, Kentucky, west to the interchange of the
Western Kentucky Parkway with the Edward T. Breathitt
(Pennyrile) Parkway.’’.
(c) D
ESIGNATION AS
F
UTURE
I
NTERSTATE
.—Section 1105(e)(5)(A)
of the Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102–240; 109 Stat. 597; 131 Stat. 797) is amended
in the first sentence by striking ‘‘and subsection (c)(90)’’ and
inserting ‘‘subsection (c)(90), and subsection (c)(91)’’.
(d) N
UMBERING OF
P
ARKWAY
.—Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public
Law 102–240; 109 Stat. 598; 126 Stat. 426; 131 Stat. 797) is
amended by adding at the end the following: ‘‘The route referred
to in subsection (c)(91) is designated as Interstate Route I–569.’’.
(e) E
XEMPTION
.—Notwithstanding section 111 of title 23, United
States Code, if the segment of highway described in paragraph
(91) of section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2032; 131
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133 STAT. 3019 PUBLIC LAW 116–94—DEC. 20, 2019
Stat. 797) is designated as a route on the Interstate System, any
commercial establishment operating legally in a rest area on that
segment before the date of that designation may continue to operate
in the Interstate right-of-way, subject to the Interstate access stand-
ards established under section 111 of that title.
This division may be cited as the ‘‘Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2020’’.
DIVISION I—EXTENSIONS
TITLE I
IMMIGRATION EXTENSIONS
S
EC
. 101. Section 401(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
shall be applied by substituting ‘‘September 30, 2020’’ for ‘‘Sep-
tember 30, 2015’’.
S
EC
. 102. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and
(III)) shall be applied by substituting ‘‘September 30, 2020’’ for
‘‘September 30, 2015’’.
S
EC
. 103. Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be
applied by substituting ‘‘September 30, 2020’’ for ‘‘September 30,
2015’’.
S
EC
. 104. Section 610(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1993 (8 U.S.C. 1153 note) shall be applied by substituting
‘‘September 30, 2020’’ for ‘‘September 30, 2015’’.
S
EC
. 105. Notwithstanding the numerical limitation set forth
in section 214(g)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security, after
consultation with the Secretary of Labor, and upon the determina-
tion that the needs of American businesses cannot be satisfied
in fiscal year 2020 with United States workers who are willing,
qualified, and able to perform temporary nonagricultural labor,
may increase the total number of aliens who may receive a visa
under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by
not more than the highest number of H–2B nonimmigrants who
participated in the H–2B returning worker program in any fiscal
year in which returning workers were exempt from such numerical
limitation.
TITLE II
NATIONAL FLOOD INSURANCE PROGRAM EXTENSION
S
EC
. 201. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied
by substituting ‘‘September 30, 2020’’ for ‘‘September 30, 2019’’.
Applicability.
42 USC 4026
note.
8 USC 1153 note.
8 USC 1182 note.
8 USC 1101 note.
8 USC 1324a
note.
Applicabilities.
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133 STAT. 3020 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE III—SECURE RURAL SCHOOLS
AND COMMUNITY SELF-DETERMINA-
TION EXTENSION
SEC. 301. EXTENSION OF THE SECURE RURAL SCHOOLS AND COMMU-
NITY SELF-DETERMINATION ACT OF 2000.
(a) S
ECURE
P
AYMENTS FOR
S
TATES AND
C
OUNTIES
C
ONTAINING
F
EDERAL
L
AND
.—
(1) S
ECURE PAYMENTS
.—Section 101 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7111) is amended, in subsections (a) and (b), by striking
‘‘and 2018’’ each place it appears and inserting ‘‘2018, 2019,
and 2020’’.
(2) P
AYMENTS TO STATES AND COUNTIES
.—
(A) E
LECTION TO RECEIVE PAYMENT AMOUNT
.—Section
102(b) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(b)) is
amended—
(i) in paragraph (1)(D)—
(I) in the subparagraph heading, by striking
‘‘
FOR FISCAL YEARS 2017 AND 2018
’’ and inserting
‘‘
FOR EACH OF FISCAL YEARS 2017 THROUGH 2020
’’;
and
(II) by striking ‘‘for fiscal years 2017 or 2018’’
and inserting ‘‘for each of fiscal years 2017 through
2020’’; and
(ii) in paragraph (2), in subparagraphs (A) and
(B), by striking ‘‘for fiscal years 2017 and 2018’’ each
place it appears and inserting ‘‘for each of fiscal years
2017 through 2020’’.
(B) E
XPENDITURE RULES FOR ELIGIBLE COUNTIES
.—Sec-
tion 102(d) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7112(d)) is
amended—
(i) in paragraph (1)(F)—
(I) in the subparagraph heading, by striking
‘‘
FOR FISCAL YEARS 2017 AND 2018
’’ and inserting
‘‘
FOR EACH OF FISCAL YEARS 2017 THROUGH 2020
’’;
and
(II) by striking ‘‘for fiscal years 2017 and 2018’’
and inserting ‘‘for each of fiscal years 2017 through
2020’’; and
(ii) in paragraph (3)(D)—
(I) in the subparagraph heading, by striking
‘‘
FOR FISCAL YEARS 2017 AND 2018
’’ and inserting
‘‘
FOR EACH OF FISCAL YEARS 2017 THROUGH 2020
’’;
and
(II) by striking ‘‘for fiscal years 2017 and 2018’’
and inserting ‘‘for each of fiscal years 2017 through
2020’’.
(C) D
ISTRIBUTION OF PAYMENTS TO ELIGIBLE COUN
-
TIES
.—Section 103(d)(2) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7113(d)(2)) is amended by striking ‘‘through and for fiscal
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133 STAT. 3021 PUBLIC LAW 116–94—DEC. 20, 2019
years 2017 and 2018’’ and inserting ‘‘through 2015 and
for each of fiscal years 2017 through 2020’’.
(b) E
XTENSION OF
A
UTHORITY
T
O
C
ONDUCT
S
PECIAL
P
ROJECTS
ON
F
EDERAL
L
AND
.—
(1) E
XISTING ADVISORY COMMITTEES
.—Section 205(a)(4) of
the Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking ‘‘Sep-
tember 29, 2018’’ each place it appears and inserting ‘‘December
20, 2021’’.
(2) T
ERMINATION OF AUTHORITY
.—Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7128) is amended—
(A) in subsection (a), by striking ‘‘2020’’ and inserting
‘‘2022’’; and
(B) in subsection (b), by striking ‘‘2021’’ and inserting
‘‘2023’’.
(c) E
XTENSION OF
A
UTHORITY
T
O
E
XPEND
C
OUNTY
F
UNDS
.—
Section 304 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7144) is amended—
(1) in subsection (a), by striking ‘‘2020’’ and inserting
‘‘2022’’; and
(2) in subsection (b), by striking ‘‘2021’’ and inserting
‘‘2023’’.
TITLE IV—EXPORT-IMPORT BANK
EXTENSION
SEC. 401. AUTHORIZATION PERIOD.
(a) I
N
G
ENERAL
.—Section 7 of the Export-Import Bank Act
of 1945 (12 U.S.C. 635f) is amended by striking ‘‘September 30,
2019’’ and inserting ‘‘December 31, 2026’’.
(b) E
XPOSURE
L
IMIT
.—Section 6(a)(2) of such Act (12 U.S.C.
635e(a)(2)) is amended by striking ‘‘for each of fiscal years 2015
through 2019’’ and inserting ‘‘for each of fiscal years 2020 through
2027’’.
SEC. 402. PROGRAM ON CHINA AND TRANSFORMATIONAL EXPORTS.
(a) I
N
G
ENERAL
.—Section 2 of the Export-Import Bank Act
of 1945 (12 U.S.C. 635) is amended by adding at the end the
following:
‘‘(l) P
ROGRAM ON
C
HINA AND
T
RANSFORMATIONAL
E
XPORTS
.—
‘‘(1) I
N GENERAL
.—The Bank shall establish a Program
on China and Transformational Exports to support the exten-
sion of loans, guarantees, and insurance, at rates and on terms
and other conditions, to the extent practicable, that are fully
competitive with rates, terms, and other conditions established
by the People’s Republic of China or by a covered country,
that aim to—
‘‘(A) directly neutralize export subsidies for competing
goods and services financed by official export credit, tied
aid, or blended financing provided by the People’s Republic
of China or by a covered country; or
‘‘(B) advance the comparative leadership of the United
States with respect to the People’s Republic of China, or
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133 STAT. 3022 PUBLIC LAW 116–94—DEC. 20, 2019
support United States innovation, employment, and techno-
logical standards, through direct exports in any of the
following areas:
‘‘(i) Artificial intelligence.
‘‘(ii) Biotechnology.
‘‘(iii) Biomedical sciences.
‘‘(iv) Wireless communications equipment
(including 5G or subsequent wireless technologies).
‘‘(v) Quantum computing.
‘‘(vi) Renewable energy, energy efficiency, and
energy storage.
‘‘(vii) Semiconductor and semiconductor machinery
manufacturing.
‘‘(viii) Emerging financial technologies, including
technologies that facilitate—
‘‘(I) financial inclusion through increased
access to capital and financial services;
‘‘(II) data security and privacy;
‘‘(III) payments, the transfer of funds, and
associated messaging services; and
‘‘(IV) efforts to combat money laundering and
the financing of terrorism.
‘‘(ix) Water treatment and sanitation, including
technologies and infrastructure to reduce contaminants
and improve water quality.
‘‘(x) High performance computing.
‘‘(xi) Associated services necessary for use of any
of the foregoing exports.
‘‘(2) C
OVERED COUNTRIES
.—In this subsection, the term
‘covered country’ means any country that—
‘‘(A) the Secretary of the Treasury designates as a
covered country in a report to the Committee on Financial
Services of the House of Representatives and the Com-
mittee on Banking, Housing, and Urban Development of
the Senate;
‘‘(B) is not a participant in the Arrangement on Offi-
cially Supported Export Credits of the Organization for
Economic Cooperation and Development (in this subsection
referred to as the ‘Arrangement’); and
‘‘(C) is not in substantial compliance with the financial
terms and conditions of the Arrangement.
‘‘(3) F
INANCING
.—
‘‘(A) I
N GENERAL
.—It shall be a goal of the Bank to
reserve not less than 20 percent of the applicable amount
(as defined in section 6(a)(2)) for support made pursuant
to the Program on China and Transformational Exports.
‘‘(B) E
XCEPTION
.—The Secretary of the Treasury may
reduce or eliminate the 20 percent goal in subparagraph
(A), on reporting to the Committee on Financial Services
of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate that
the People’s Republic of China is in substantial compliance
with—
‘‘(i) the financial terms and conditions of the
Arrangement; and
‘‘(ii) the rules and principles of the Paris Club.
Definition.
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133 STAT. 3023 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(C) S
UNSET AND REPORT
.—The program established
under paragraph (1) shall expire on December 31, 2026.
Not later than 4 years after enactment of this subsection,
the President of the Bank shall submit a report to the
Committee on Financial Services of the House of Represent-
atives and the Committee on Banking, Housing, and Urban
Affairs of the Senate assessing the following:
‘‘(i) The capacity and demand of United States
entities to export goods and services in the areas
described in paragraph (1)(B), as assessed in consulta-
tion with the Secretary of Commerce.
‘‘(ii) The availability of private-sector financing for
exports in the areas.
‘‘(iii) The feasibility and advisability of continuing
the goal of subparagraph (A) of this paragraph with
respect to paragraph (1)(B) after December 31, 2026.
‘‘(D) N
ATIONAL ADVISORY COUNCIL ON INTERNATIONAL
MONETARY AND FINANCIAL PROBLEMS
.—The National
Advisory Council on International Monetary and Financial
Problems shall ensure that Bank authorizations pursuant
to the Program on China and Transformational Exports
are considered or reviewed expeditiously, consistent with
the other credit standards required by law.’’.
(b) R
EQUIRED
R
EPORTING
.—Section 8 of such Act (12 U.S.C.
635g) is amended by adding at the end the following:
‘‘(l) R
EPORT ON
A
UTHORIZATIONS
U
NDER THE
P
RO
- G
RAM ON
C
HINA AND
T
RANSFORMATIONAL
E
XPORTS
.—The Bank shall include
in its annual report to Congress under subsection (a) a narrative
and financial summary of the authorizations made under the Pro-
gram on China and Transformational Exports.’’.
(c) R
ULE OF
C
ONSTRUCTION
.—Nothing in section 2(l)(1)(B) of
the Export-Import Bank Act of 1945 shall be construed to weaken
any export controls affecting critical technologies (as defined in
section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C.
4565(a)(6)(A))).
SEC. 403. SMALL BUSINESS POLICY.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(1)) is amended by striking subparagraph (E)(i)(I) and
inserting the following:
‘‘(E)(i)(I) It is further the policy of the United States to encour-
age the participation of small business (including women-owned
businesses, minority-owned businesses, veteran-owned businesses,
businesses owned by persons with disabilities, and businesses in
rural areas) and start-up businesses in international commerce,
and to educate such businesses about how to export goods using
the Bank.’’.
SEC. 404. INCREASE IN SMALL BUSINESS THRESHOLD.
(a) I
N
G
ENERAL
.—Section 2(b)(1)(E)(v) of the Export-Import
Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking
‘‘25’’ and inserting ‘‘30’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by subsection (a)
shall take effect on January 1, 2021.
12 USC 635 note.
12 USC 635 note.
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133 STAT. 3024 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 405. EXCLUSION OF UNUTILIZED INSURANCE AUTHORITY IN CAL-
CULATING SMALL BUSINESS THRESHOLD.
Section 2(b)(1)(E)(v) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(b)(1)(E)(v)) is amended by adding at the end the
following: ‘‘For the purpose of calculating the amounts of authority
required under this clause, the Bank shall, with respect to insur-
ance, exclude unutilized authorizations that terminated during the
fiscal year.’’.
SEC. 406. ANTI-FRAUD REFORMS.
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C.
635) is amended—
(1) in subsection (f), by striking the period and inserting:
‘‘, and shall deny an application for assistance if the end user,
borrower, lender, or exporter has been convicted of an act
of fraud or corruption in connection with an application for
support from the Bank made in the preceding 5 years. The
Bank may proceed with an application described in this sub-
section only if an end user, borrower, lender, or exporter can
be fully excluded from the transaction.’’; and
(2) in subsection (i), by striking ‘‘should require’’ and
inserting ‘‘shall require’’.
SEC. 407. FINANCING FOR RENEWABLE ENERGY, ENERGY EFFICIENCY,
AND ENERGY STORAGE TECHNOLOGIES.
Section 2(b)(1)(K) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(1)(K)) is amended by inserting ‘‘, energy efficiency
(including battery electric vehicles, batteries for electric vehicles,
and electric vehicle charging infrastructure), and energy storage.
It shall be a goal of the Bank to ensure that not less than 5
percent of the applicable amount (as defined in section 6(a)(2))
is made available each fiscal year for the financing of renewable
energy, energy efficiency (including battery electric vehicles, bat-
teries for electric vehicles, and electric vehicle charging infrastruc-
ture), and energy storage technology exports’’ before the period.
SEC. 408. REPORTING ON FINANCING RELATED TO CHINA.
(a) N
ATIONAL
I
NTEREST
R
EPORT
.—Before authorizing a loan
or guarantee for a transaction in an amount greater than
$25,000,000 for which the end user, lender, or obligor is the govern-
ment of China, the President of the Export-Import Bank of the
United States (in this section referred to as the ‘‘Bank’’) shall—
(1) report to the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate that the Bank has
consulted with the Secretary of State and any other relevant
department or agency, as deemed appropriate by the President
of the United States, to assess any risks posed by the entity
or the transaction to the national interest of the United States;
and
(2) include a summary of the transaction and the consulta-
tion.
(b) F
ORM OF
R
EPORT
.—The report described in subsection (a)
shall be submitted in unclassified form but may include a classified
annex.
(c) R
ELATED
P
OLICIES
.—
(1) The Board of Directors of the Bank shall prescribe
policies for the Bank with respect to—
Summary.
12 USC 635 note.
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133 STAT. 3025 PUBLIC LAW 116–94—DEC. 20, 2019
(A) procedures required by the consultation described
in subsection (a)(1);
(B) establishment of a period of not less than 25 days
to complete the consultations described in subsection (a)
during which time consulted parties may submit any appro-
priate information to the Bank; and
(C) efforts by the Bank to assess and determine owner-
ship or control by the government of China pursuant to
the requirements of subsection (a).
(2) In prescribing the policies described under paragraph
(1) of this subsection, the Board of Directors of the Bank shall—
(A) consult with the Secretary of State with respect
to the procedures referred to in subparagraphs (A) and
(B) of paragraph (1) of this subsection, and seek to ensure
that the procedures—
(i) are consistent, wherever appropriate, with
national interest determinations made under section
2(b)(1)(B) of the Export-Import Bank Act of 1945; and
(ii) include coordination between the Secretary of
State and the Director of National Intelligence, wher-
ever appropriate; and
(B) consult with the Secretary of the Treasury with
respect to the efforts described in paragraph (1)(C) of this
subsection.
(d) D
EFINITION
.—For the purposes of this section, the term
‘‘government of China’’ means any person that the Bank has reason
to believe is—
(1) the state and the government of China, as well as
any political subdivision, agency, or instrumentality thereof;
(2) any entity controlled, directly or indirectly, by any of
the foregoing, including any partnership, association, or other
entity in which any of the foregoing owns a 50 percent or
greater interest or a controlling interest, and any entity which
is otherwise controlled by any of the foregoing;
(3) any person that is or has been acting or purporting
to act, directly or indirectly, for or on behalf of any of the
foregoing; and
(4) any other person which the Secretary of the Treasury
has notified the Bank is included in any of the foregoing.
(e) S
UNSET
.—This section shall have no force or effect on the
earlier of-—
(1) December 31, 2026; or
(2) the date that is 30 days after the date that the President
of the United States reports to the Committee on Financial
Services of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate that
China is in substantial compliance with—
(A) the financial terms and conditions of the Arrange-
ment on Officially Supported Export Credits of the
Organization for Economic Cooperation and Development;
and
(B) the rules and principles of the Paris Club.
SEC. 409. ALTERNATIVE PROCEDURES DURING QUORUM LAPSE.
(a) I
N
G
ENERAL
.—Section 3(c)(6) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635a(c)(6)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and
Coordination.
Consultations.
Assessment.
Determination.
Time period.
Procedures.
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133 STAT. 3026 PUBLIC LAW 116–94—DEC. 20, 2019
(2) by adding at the end the following:
‘‘(B)(i) If there is an insufficient number of directors to con-
stitute a quorum under subparagraph (A) for 120 consecutive days
during the term of a President of the United States, a temporary
Board, consisting of the following members, shall act in the stead
of the Board of Directors:
‘‘(I) The United States Trade Representative.
‘‘(II) The Secretary of the Treasury.
‘‘(III) The Secretary of Commerce.
‘‘(IV) The members of the Board of Directors.
‘‘(ii) If, at a meeting of the temporary Board—
‘‘(I) a member referred to in clause (i)(IV) is present, the
meeting shall be chaired by such a member, consistent with
Bank bylaws; or
‘‘(II) no such member is present, the meeting shall be
chaired by the United States Trade Representative.
‘‘(iii) A member described in subclause (I), (II), or (III) of clause
(i) may delegate the authority of the member to vote on whether
to authorize a transaction, whose value does not exceed
$100,000,000, to—
‘‘(I) if the member is the United States Trade Representa-
tive, the Deputy United States Trade Representative; or
‘‘(II) if the member is referred to in such subclause (II)
or (III), the Deputy Secretary of the department referred to
in the subclause.
‘‘(iv) If the temporary Board consists of members of only one
political party, the President of the United States shall, to the
extent practicable, appoint to the temporary Board a qualified
member of a different political party who occupies a position
requiring nomination by the President, by and with the consent
of the Senate.
‘‘(v) The temporary board may not change or amend Bank
policies, procedures, bylaws, or guidelines.
‘‘(vi) The temporary Board shall expire at the end of the term
of the President of the United States in office at the time the
temporary Board was constituted or upon restoration of a quorum
of the Board of Directors as defined in subparagraph (A).
‘‘(vii) With respect to a transaction that equals or exceeds
$100,000,000, the Chairperson of the temporary Board shall ensure
that the Bank complies with section 2(b)(3).’’.
(b) T
ERMINATION
.—The amendments made by subsection (a)
shall have no force or effect after December 31, 2026.
TITLE V—TERRORISM RISK INSURANCE
PROGRAM EXTENSION
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Terrorism Risk Insurance Pro-
gram Reauthorization Act of 2019’’.
SEC. 502. 7-YEAR EXTENSION OF TERRORISM RISK INSURANCE PRO-
GRAM.
(a) T
ERMINATION
D
ATE
.—Section 108(a) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking
‘‘2020’’ and inserting ‘‘2027’’.
15 USC 6701
note.
Terrorism Risk
Insurance
Program
Reauthorization
Act of 2019.
12 USC 635a
note.
Expiration date.
President.
Time period.
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133 STAT. 3027 PUBLIC LAW 116–94—DEC. 20, 2019
(b) T
IMING OF
M
ANDATORY
R
ECOUPMENT
.—Section
103(e)(7)(E)(i) of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. 6701 note) is amended—
(1) in subclause (I)—
(A) by striking ‘‘2017’’ and inserting ‘‘2022’’; and
(B) by striking ‘‘2019’’ and inserting ‘‘2024’’;
(2) in subclause (II)—
(A) by striking ‘‘2018’’ and inserting ‘‘2023’’;
(B) by striking ‘‘2024’’ and inserting ‘‘2029’’; and
(C) by striking ‘‘2019’’ and inserting ‘‘2024’’; and
(3) in subclause (III)—
(A) by striking ‘‘2024’’ and inserting ‘‘2029’’; and
(B) by striking ‘‘2019’’ and inserting ‘‘2024’’.
(c) O
NGOING
R
EPORTS
R
EGARDING
M
ARKET
C
ONDITIONS FOR
T
ERRORISM
R
ISK
I
NSURANCE
.—Paragraph (2) of section 104(h) of
the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note)
is amended—
(1) by redesignating subparagraphs (B) through (E) as sub-
paragraphs (C) through (F), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
‘‘(B) an evaluation of the availability and affordability
of terrorism risk insurance, which shall include an analysis
of such availability and affordability specifically for places
of worship;’’.
(d) S
TUDY AND
R
EPORT ON
C
YBER
T
ERRORISM
.—Not later than
the expiration of the 180-day period beginning on the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study and report to the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate, which shall—
(1) analyze and address—
(A) overall vulnerabilities and potential costs of cyber
attacks to the United States public and private infrastruc-
ture that could result in physical or digital damage;
(B) whether State-defined cyber liability under a prop-
erty and casualty line of insurance is adequate coverage
for an act of cyber terrorism;
(C) whether such risks can be adequately priced by
the private market; and
(D) whether the current risk-share system under the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701
note) is appropriate for a cyber terrorism event; and
(2) set forth recommendations on how Congress could
amend the Terrorism Risk Insurance Act of 2002 (15 U.S.C.
6701 note) to meet the next generation of cyber threats.
TITLE VI—NASA ENHANCED USE
LEASING EXTENSION
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘NASA Enhanced Use Leasing
Extension Act of 2019’’.
51 USC 10101
note.
NASA Enhanced
Use Leasing
Extension Act of
2019.
Recommenda-
tion.
Analysis.
Evaluation.
Analysis.
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133 STAT. 3028 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 602. EXTENSION OF AUTHORITY TO ENTER INTO LEASES OF NON-
EXCESS PROPERTY OF THE NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION.
Section 20145(g) of title 51, United States Code, is amended,
in the first sentence, by striking ‘‘December 31, 2019’’ and inserting
‘‘December 31, 2021’’.
TITLE VII—INKSNA EXTENSION
SEC. 701. EXEMPTION FROM THE IRAN, NORTH KOREA, AND SYRIA
NONPROLIFERATION ACT.
Section 7(1) of the Iran, North Korea, and Syria Nonprolifera-
tion Act (Public Law 106–178; 50 U.S.C. 1701 note) is amended,
in the undesignated matter following subparagraph (B), by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2025’’.
TITLE VIII—BRAND USA EXTENSION
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Brand USA Extension Act’’.
SEC. 802. THE CORPORATION FOR TRAVEL PROMOTION.
Subsection (b) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(b)) is amended—
(1) in paragraph (2)(A)—
(A) in clause (ii), by inserting ‘‘or foodservice’’ after
‘‘restaurant’’;
(B) in clause (v), by inserting ‘‘, such as outdoor recre-
ation’’ before the semicolon at the end; and
(C) in clause (viii), by inserting ‘‘commercial or private’’
before ‘‘passenger air sector’’;
(2) in paragraph (5)(A)—
(A) in clause (iii), by inserting ‘‘speaking conventions,
sales missions,’’ after ‘‘trade shows,’’;
(B) in clause (iv), by striking ‘‘and’’ at the end;
(C) in clause (v), by striking the period at the end
and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(vi) to promote tourism to the United States
through digital media, online platforms, and other
appropriate medium.’’; and
(3) in paragraph (7)(C), by striking ‘‘3 days’’ and inserting
‘‘5 days’’.
SEC. 803. ACCOUNTABILITY MEASURES.
Subsection (c) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(c)) is amended—
(1) in paragraph (2), by striking ‘‘$500,000’’ and inserting
‘‘$450,000’’; and
(2) in paragraph (3)—
(A) by redesignating subparagraph (I) as subparagraph
(K);
(B) in subparagraph (H)(iii), by striking ‘‘and’’ at the
end; and
(C) by inserting after subparagraph (H)(iii) the fol-
lowing:
22 USC 2121
note.
Brand USA
Extension Act.
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133 STAT. 3029 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(I) a list of countries the Corporation identifies as
emerging markets for tourism to the United States;
‘‘(J) a description of the efforts the Corporation has
made to promote tourism to rural areas of the United
States; and’’.
SEC. 804. EXTENSION OF FUNDING FOR BRAND USA.
Subsection (d) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(d)) is amended—
(1) in paragraph (2)(B), by striking ‘‘2020’’ and inserting
‘‘2027’’;
(2) in paragraph (3)(B)(ii), by striking ‘‘70 percent’’ and
inserting ‘‘50 percent’’; and
(3) in paragraph (4)(B), by striking ‘‘2020’’ and inserting
‘‘2027’’.
SEC. 805. PERFORMANCE PLAN.
Not later than 90 days after the date of the enactment of
this Act, the Corporation for Travel Promotion shall make the
performance metrics established pursuant to subsection (f)(1)(A)
of the Travel Promotion Act of 2009 (22 U.S.C. 2131(f)(1)(A)) publicly
available on the website of the Corporation.
SEC. 806. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION FEE
INCREASE.
Section 217(h)(3)(B)(i)(I) of the Immigration and Nationality
Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) is amended by striking ‘‘$10’’ and
inserting ‘‘$17’’.
TITLE IX—DC OPPORTUNITY
SCHOLARSHIP EXTENSIONS
SEC. 901. SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS.
(a) Section 3014(a) of the Scholarships for Opportunity and
Results Act (sec. 38–1853.14, D.C. Official Code) is amended by
striking ‘‘through fiscal year 2019’’ and inserting ‘‘through fiscal
year 2023’’.
(b) The amendment made by subsection (a) shall take effect
on September 30, 2019.
TITLE X—BUDGETARY EFFECTS
SEC. 1001. BUDGETARY EFFECTS.
(a) S
TATUTORY
PAYGO S
CORECARDS
.—The budgetary effects
of this division and each succeeding division shall not be entered
on either PAYGO scorecard maintained pursuant to section 4(d)
of the Statutory Pay-As-You-Go Act of 2010.
(b) S
ENATE
PAYGO S
CORECARDS
.—The budgetary effects of this
division and each succeeding division shall not be entered on any
PAYGO scorecard maintained for purposes of section 4106 of H.
Con. Res. 71 (115th Congress).
(c) C
LASSIFICATION OF
B
UDGETARY
E
FFECTS
.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accom-
panying Conference Report 105–217 and section 250(c)(8) of the
Effective date.
Deadline.
Public
information.
Web posting.
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133 STAT. 3030 PUBLIC LAW 116–94—DEC. 20, 2019
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of this division and each succeeding division shall
not be estimated—
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION J—FOREIGN POLICY
TITLE I—VENEZUELA ASSISTANCE
SEC. 101. SHORT TITLES.
This title may be cited as the ‘‘Venezuela Emergency Relief,
Democracy Assistance, and Development Act of 2019’’ or the
‘‘VERDAD Act of 2019’’.
Subtitle A—Support for the Interim Presi-
dent of Venezuela and Recognition of the
Venezuelan National Assembly
SEC. 111. FINDINGS; SENSE OF CONGRESS IN SUPPORT OF THE
INTERIM PRESIDENT OF VENEZUELA.
(a) F
INDINGS
.—Congress makes the following findings:
(1) Venezuela’s electoral event on May 20, 2018 was
characterized by widespread fraud and did not comply with
international standards for a free, fair, and transparent elec-
toral process.
(2) Given the fraudulent nature of Venezuela’s May 20,
2018 electoral event, Nicola
´
s Maduro’s tenure as President
of Venezuela ended on January 10, 2019.
(3) The National Assembly of Venezuela approved a resolu-
tion on January 15, 2019 that terminated Nicola
´
s Maduro’s
authority as the President of Venezuela.
(4) On January 23, 2019, the President of the National
Assembly of Venezuela was sworn in as the Interim President
of Venezuela.
(b) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress—
(1) to support the decisions by the United States Govern-
ment, more than 50 governments around the world, the
Organization of American States, the Inter-American Develop-
ment Bank, and the European Parliament to recognize National
Assembly President Juan Guaido
´
as the Interim President of
Venezuela;
(2) to encourage the Interim President of Venezuela to
advance efforts to hold democratic presidential elections in
the shortest possible period; and
(3) that the Organization of American States, with support
from the United States Government and partner governments,
should provide diplomatic, technical, and financial support for
a new presidential election in Venezuela that complies with
international standards for a free, fair, and transparent elec-
toral process.
22 USC 9701.
Venezuela
Emergency
Relief,
Democracy
Assistance, and
Development Act
of 2019.
22 USC 9701
note.
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133 STAT. 3031 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 112. RECOGNITION OF VENEZUELA’S DEMOCRATICALLY ELECTED
NATIONAL ASSEMBLY.
(a) F
INDINGS
.—Congress finds that Venezuela’s unicameral
National Assembly convened on January 6, 2016, following demo-
cratic elections that were held on December 6, 2015.
(b) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
Venezuela’s democratically elected National Assembly is the only
national level democratic institution remaining in the country.
(c) P
OLICY
.—It is the policy of the United States to recognize
the democratically elected National Assembly of Venezuela as the
only legitimate national legislative body in Venezuela.
(d) A
SSISTANCE TO
V
ENEZUELA
’
S
N
ATIONAL
A
SSEMBLY
.—The
Secretary of State, in coordination with the Administrator of the
United States Agency for International Development, shall prioritize
efforts to provide technical assistance to support the democratically
elected National Assembly of Venezuela in accordance with section
143.
SEC. 113. ADVANCING A NEGOTIATED SOLUTION TO VENEZUELA’S
CRISIS.
(a) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that—
(1) direct, credible negotiations led by the Interim President
of Venezuela and members of Venezuela’s democratically
elected National Assembly—
(A) are supported by stakeholders in the international
community that have recognized the Interim President of
Venezuela;
(B) include the input and interests of Venezuelan civil
society; and
(C) represent the best opportunity to reach a solution
to the Venezuelan crisis that includes—
(i) holding a new presidential election that com-
plies with international standards for a free, fair, and
transparent electoral process;
(ii) ending Nicola
´
s Maduro’s usurpation of presi-
dential authorities;
(iii) restoring democracy and the rule of law;
(iv) freeing political prisoners; and
(v) facilitating the delivery of humanitarian aid;
(2) dialogue between the Maduro regime and representa-
tives of the political opposition that commenced in October
2017, and were supported by the Governments of Mexico, of
Chile, of Bolivia, and of Nicaragua, did not result in an agree-
ment because the Maduro regime failed to credibly participate
in the process; and
(3) negotiations between the Maduro regime and represent-
atives of the political opposition that commenced in October
2016, and were supported by the Vatican, did not result in
an agreement because the Maduro regime failed to credibly
participate in the process.
(b) P
OLICY
.—It is the policy of the United States to support
diplomatic engagement in order to advance a negotiated and peace-
ful solution to Venezuela’s political, economic, and humanitarian
crisis that is described in subsection (a)(1).
22 USC 9703.
Coordination.
22 USC 9702.
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133 STAT. 3032 PUBLIC LAW 116–94—DEC. 20, 2019
Subtitle B—Humanitarian Relief for
Venezuela
SEC. 121. HUMANITARIAN RELIEF FOR THE VENEZUELAN PEOPLE.
(a) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that—
(1) the United States Government should expand efforts
to peacefully address Venezuela’s humanitarian crisis; and
(2) humanitarian assistance—
(A) should be targeted toward those most in need and
delivered through partners that uphold internationally rec-
ognized humanitarian principles; and
(B) should not be passed through the control or dis-
tribution mechanisms of the Maduro regime.
(b) H
UMANITARIAN
R
ELIEF
.—
(1) I
N GENERAL
.—The Secretary of State, in coordination
with the Administrator of the United States Agency for Inter-
national Development, shall provide—
(A) humanitarian assistance to individuals and commu-
nities in Venezuela, including—
(i) public health commodities and services,
including medicines and basic medical supplies and
equipment;
(ii) basic food commodities and nutritional supple-
ments needed to address growing malnutrition and
improve food security for the people of Venezuela, with
a specific emphasis on the most vulnerable populations;
and
(iii) technical assistance to ensure that health and
food commodities are appropriately selected, procured,
targeted, and distributed; and
(B) Venezuelans and hosting communities, as appro-
priate, in neighboring countries with humanitarian aid,
such as—
(i) urgently needed health and nutritional assist-
ance, including logistical and technical assistance to
hospitals and health centers in affected communities;
(ii) food assistance for vulnerable individuals,
including assistance to improve food security for
affected communities; and
(iii) hygiene supplies and sanitation services.
(2) A
ID TO VENEZUELANS IN NEIGHBORING COUNTRIES
.—
The aid described in paragraph (1)(B)—
(A) may be provided—
(i) directly to Venezuelans in neighboring coun-
tries, including countries of the Caribbean; or
(ii) indirectly through the communities in which
the Venezuelans reside; and
(B) should focus on the most vulnerable Venezuelans
in neighboring countries.
(c) H
UMANITARIAN
A
SSISTANCE
S
TRATEGY
U
PDATE
.—Not later
than 180 days after the date of the enactment of this Act, the
Secretary of State, in coordination with the Administrator of the
United States Agency for International Development, shall submit,
to the appropriate congressional committees, an update to the Ven-
ezuela humanitarian assistance strategy described in the conference
Deadline.
Time period.
Coordination.
22 USC 9711.
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133 STAT. 3033 PUBLIC LAW 116–94—DEC. 20, 2019
report accompanying the Consolidated Appropriations Act (Public
Law 116–6), to cover a 2-year period and include—
(1) a description of the United States humanitarian assist-
ance provided under this section;
(2) a description of United States diplomatic efforts to
ensure support from international donors, including regional
partners in Latin America and the Caribbean, for the provision
of humanitarian assistance to the people of Venezuela;
(3) the identification of governments that are willing to
provide financial and technical assistance for the provision
of such humanitarian assistance to the people of Venezuela
and a description of such assistance; and
(4) the identification of the financial and technical assist-
ance to be provided by multilateral institutions, including the
United Nations humanitarian agencies, the Pan American
Health Organization, the Inter-American Development Bank,
and the World Bank, and a description of such assistance.
(d) D
IPLOMATIC
E
NGAGEMENT
.—The Secretary of State, in con-
sultation with the Administrator of the United States Agency for
International Development, shall work with relevant foreign govern-
ments and multilateral organizations to coordinate a donors summit
and carry out diplomatic engagement to advance the strategy
required under subsection (c).
(e) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There is authorized
to be appropriated $400,000,000 for fiscal year 2020 to carry out
the activities set forth in subsection (b).
(f) D
EFINED
T
ERM
.—In this section, the term ‘‘appropriate
congressional committees’’ means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Rep-
resentatives; and
(4) the Committee on Appropriations of the House of Rep-
resentatives.
SEC. 122. SUPPORT FOR EFFORTS AT THE UNITED NATIONS ON THE
HUMANITARIAN CRISIS IN VENEZUELA.
(a) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
the United Nations humanitarian agencies should conduct and pub-
lish independent assessments of the humanitarian situation in Ven-
ezuela, including—
(1) the extent and impact of the shortages of food, medicine,
and medical supplies in Venezuela;
(2) basic health indicators in Venezuela, such as maternal
and child mortality rates and the prevalence and treatment
of communicable diseases; and
(3) the efforts needed to resolve the shortages identified
in paragraph (1) and to improve the health indicators referred
to in paragraph (2).
(b) U
NITED
N
ATIONS
R
ESIDENT
C
OORDINATOR
.—The President
should instruct the Permanent Representative to the United
Nations to use the voice, vote, and influence of the United States
at the United Nations to support the efforts of the Resident Coordi-
nator for Venezuela in a manner that—
(1) contributes to Venezuela’s long-term recovery; and
(2) advances humanitarian efforts in Venezuela and for
Venezuelans residing in neighboring countries.
President.
22 USC 9712.
Consultation.
Coordination.
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133 STAT. 3034 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 123. COORDINATION AND DISTRIBUTION OF HUMANITARIAN
ASSISTANCE TO THE PEOPLE OF VENEZUELA.
(a) S
HORT
T
ITLE
.—This section may be cited as the ‘‘Humani-
tarian Assistance to the Venezuelan People Act of 2019’’.
(b) D
EFINED
T
ERM
.—In this section, the term ‘‘appropriate
congressional committees’’ means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(4) the Committee on Foreign Affairs of the House of Rep-
resentatives;
(5) the Committee on Appropriations of the House of Rep-
resentatives; and
(6) the Committee on Financial Services of the House of
Representatives.
(c) R
EPORT ON THE
C
OORDINATION AND
D
ISTRIBUTION OF
H
UMANITARIAN
A
SSISTANCE TO THE
P
EOPLE OF
V
ENEZUELA
I
NCLUDING
S
TRATEGY ON
F
UTURE
E
FFORTS
.—
(1) I
N GENERAL
.—Not later than 1 year after the date
of the enactment of this Act, the Secretary of State, in coordina-
tion with the Administrator of the United States Agency for
International Development, shall submit a report to the appro-
priate congressional committees that evaluates the delivery
and coordination of humanitarian assistance to the people of
Venezuela since the onset of the humanitarian crisis, whether
residing in Venezuela or elsewhere in the Western Hemisphere.
(2) M
ATTERS TO BE INCLUDED
.—The report required under
paragraph (1) shall—
(A) identify how United States Agency for International
Development and Department of State best practices are
being utilized in providing humanitarian assistance to Ven-
ezuela and countries in the region, including a description
of coordination efforts with United States embassies and
USAID missions throughout the region;
(B) describe the current and anticipated challenges
to distributing humanitarian assistance in Venezuela and
countries hosting Venezuelan migrants;
(C) describe the coordination of United States assist-
ance with foreign donors; and
(D) describe how the distribution of humanitarian
assistance is being monitored and evaluated, including—
(i) the number of beneficiaries receiving such
assistance;
(ii) an assessment of how humanitarian and
development assistance is benefitting Venezuelan
migrants inside and outside of the country; and
(iii) what additional staff may be necessary to man-
age such assistance.
Subtitle C—Addressing Regime Cohesion
SEC. 131. CLASSIFIED BRIEFING ON DECLINING COHESION INSIDE THE
VENEZUELAN MILITARY AND THE MADURO REGIME.
(a) R
EPORTING
R
EQUIREMENT
.—Not later than 90 days after
the date of the enactment of this Act, the Secretary of State,
Coordination.
Assessment.
Assessment.
Humanitarian
Assistance to the
Venezuelan
People Act
of 2019.
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133 STAT. 3035 PUBLIC LAW 116–94—DEC. 20, 2019
acting through the Bureau of Intelligence and Research, and in
coordination with the Director of National Intelligence, shall provide
a briefing to the appropriate congressional committees that assesses
the declining cohesion inside the Venezuelan military and security
forces and the Maduro regime.
(b) A
DDITIONAL
E
LEMENTS
.—The briefing required under sub-
section (a) shall—
(1) identify senior members of the Venezuelan military
and the Maduro regime, including generals, admirals, cabinet
ministers, deputy cabinet ministers, and the heads of intel-
ligence agencies, whose loyalty to Nicola
´
s Maduro is declining;
(2) describe the factors that would accelerate the decision
making of individuals identified in paragraph (1)—
(A) to break with the Maduro regime; and
(B) to recognize the Interim President of Venezuela
and his government; and
(3) assess and detail the massive number of desertions
and defections that have occurred at the officer and enlisted
levels inside the Venezuelan military and security forces.
(c) A
PPROPRIATE
C
ONGRESSIONAL
C
OMMITTEES
.—In this section,
the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of Rep-
resentatives; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 132. ADDITIONAL RESTRICTIONS ON VISAS.
(a) I
N
G
ENERAL
.—The Secretary of State shall impose the visa
restrictions described in subsection (c) on any foreign person who
the Secretary determines—
(1) is a current or former senior official of the Maduro
regime, or any foreign person acting on behalf of such regime,
who is knowingly responsible for, complicit in, responsible for
ordering, controlling, or otherwise directing, or participating
in (directly or indirectly) any activity in or in relation to Ven-
ezuela, on or after January 23, 2019, that significantly under-
mines or threatens the integrity of—
(A) the democratically-elected National Assembly of
Venezuela; or
(B) the President of such National Assembly, while
serving as Interim President of Venezuela, or the senior
government officials under the supervision of such Presi-
dent;
(2) is the spouse or adult child of a foreign person described
in paragraph (1); or
(3) is the spouse or adult child of Venezuelan person sanc-
tioned under—
(A) section 5(a) of the Venezuela Defense of Human
Rights and Civil Society Act of 2014 (Public Law 113–
278), as amended by section 163 of this title;
(B) section 804(b) of the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1903(b)); or
(C) Executive Orders 13692 (50 U.S.C. 1701 note) and
13850.
Effective date.
22 USC 9721.
Definition.
Assessment.
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133 STAT. 3036 PUBLIC LAW 116–94—DEC. 20, 2019
(b) R
EMOVAL
F
ROM
V
ISA
R
EVOCATION
L
IST
.—Pursuant to such
procedures as the Secretary of State may establish to implement
this section—
(1) if any person described in subsection (a)(1) recognizes
and pledges support for the Interim President of Venezuela
or a subsequent democratically elected government of Ven-
ezuela, that person and any family members of that person
who were subject to visa restrictions pursuant to subsection
(a)(2) shall no longer be subject to such visa restrictions; and
(2) if any person described in subparagraphs (A) through
(C) of subsection (a)(3) recognizes and pledges support for the
Interim President of Venezuela or a subsequent democratically
elected government of Venezuela, any family members of that
person who were subject to visa restrictions pursuant to sub-
section (a)(3) shall no longer be subject to such visa restrictions.
(c) V
ISA
R
ESTRICTIONS
D
ESCRIBED
.—
(1) V
ISAS
,
ADMISSION
,
OR PAROLE
.—An alien described in
subsection (a) is—
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other documentation
to enter the United States; and
(C) otherwise ineligible to be admitted or paroled into
the United States or to receive any benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(2) C
URRENT VISAS REVOKED
.—
(A) I
N GENERAL
.—An alien described in subsection (a)
is subject to revocation of any visa or other entry docu-
mentation regardless of when the visa or other entry docu-
mentation is or was issued.
(B) I
MMEDIATE EFFECT
.—A revocation under subpara-
graph (A) shall—
(i) take effect immediately; and
(ii) automatically cancel any other valid visa or
entry documentation that is in the alien’s possession.
(3) E
XCEPTIONS
.—Sanctions under paragraphs (1) and (2)
shall not apply with respect to an alien if admitting or paroling
the alien into the United States is necessary—
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered
into force November 21, 1947, between the United Nations
and the United States, or other applicable international
obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(d) R
ULEMAKING
.—The President shall issue such regulations,
licenses, and orders as may be necessary to carry out this section.
SEC. 133. WAIVER FOR SANCTIONED OFFICIALS THAT RECOGNIZE THE
INTERIM PRESIDENT OF VENEZUELA.
(a) R
EMOVAL OF
S
ANCTIONS
.—If a person sanctioned under
any of the provisions of law described in subsection (b) recognizes
and pledges supports for the Interim President of Venezuela or
a subsequent democratically elected government, the person shall
no longer be subject to such sanctions, pursuant to such procedures
as the Secretary of State and the Secretary of the Treasury may
establish to implement this section.
Procedures.
22 USC 9722.
President.
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133 STAT. 3037 PUBLIC LAW 116–94—DEC. 20, 2019
(b) S
ANCTIONS
D
ESCRIBED
.—The sanctions described in this
subsection are set forth in the following provisions of law:
(1)(A) Paragraphs (3) and (4) of section 5(a) of the Ven-
ezuela Defense of Human Rights and Civil Society Act of 2014
(Public Law 113–278), as amended by section 163 of this title.
(B) Paragraph (5) of section 5(a) of such Act, to the extent
such paragraph relates to the sanctions described in paragraph
(3) or (4) of such subsection.
(2)(A) Clauses (1) and (4) of section 1(a)(ii)(A) of Executive
Order 13692 (50 U.S.C. 1701 note).
(B) Subparagraph (D)(2) of section 1(a)(ii) of such Executive
Order, to the extent such subparagraph relates to the provisions
of law cited in subparagraph (A).
(3)(A) Section 1(a)(ii) of Executive Order 13850.
(B) Paragraph (iii) of section 1(a) of such Executive Order,
to the extent such paragraph relates to the provision of law
cited in subparagraph (A).
(c) R
ULEMAKING
.—The President shall issue such regulations,
licenses, and orders as may be necessary to carry out this section.
Subtitle D—Restoring Democracy and Ad-
dressing the Political Crisis in Venezuela
SEC. 141. SUPPORT FOR THE ORGANIZATION OF AMERICAN STATES
AND THE LIMA GROUP.
(a) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
the Secretary of State should—
(1) take additional steps to support ongoing efforts by the
Secretary General of the Organization of American States to
promote diplomatic initiatives to foster the restoration of democ-
racy and the rule of law in Venezuela;
(2) conduct diplomatic engagement in support of efforts
by the Lima Group to restore democracy and the rule of law
in Venezuela and facilitate the delivery of humanitarian assist-
ance for the Venezuelan people; and
(3) engage with the International Contact Group on Ven-
ezuela to advance a peaceful and democratic solution to the
current crisis.
(b) D
EFINED
T
ERMS
.—In this section:
(1) I
NTERNATIONAL CONTACT GROUP ON VENEZUELA
.—The
‘‘International Contact Group on Venezuela’’ refers to a diplo-
matic bloc—
(A) whose members include the European Union,
France, Germany, Italy, Spain, Portugal, Sweden, the
Netherlands, the United Kingdom, Ecuador, Costa Rica,
and Uruguay; and
(B) which was established to advance a peaceful and
democratic solution to the current crisis in Venezuela.
(2) L
IMA GROUP
.—The ‘‘Lima Group’’ refers to a diplomatic
bloc—
(A) whose members include Argentina, Brazil, Canada,
Chile, Colombia, Costa Rica, Guatemala, Guyana, Hon-
duras, Panama, Paraguay, Peru, and Saint Lucia; and
(B) which was established to address the political, eco-
nomic, and humanitarian crises in Venezuela.
President.
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133 STAT. 3038 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 142. ACCOUNTABILITY FOR CRIMES AGAINST HUMANITY.
(a) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
the Secretary of State should conduct robust diplomatic engagement
in support of efforts in Venezuela, and on the part of the inter-
national community, to ensure accountability for possible crimes
against humanity and serious violations of human rights.
(b) R
EPORT
.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit a report
to Congress that—
(1) evaluates the degree to which the Maduro regime and
its officials, including members of the Venezuelan security
forces, have engaged in actions that constitute possible crimes
against humanity and serious violations of human rights; and
(2) provides options for holding accountable the perpetra-
tors identified under paragraph (1).
SEC. 143. SUPPORT FOR INTERNATIONAL ELECTION OBSERVATION
AND DEMOCRATIC CIVIL SOCIETY.
(a) I
N
G
ENERAL
.—The Secretary of State, in coordination with
the Administrator of the United States Agency for International
Development—
(1) shall work with the Organization of American States
to ensure credible international observation of future elections
in Venezuela that contributes to free, fair, and transparent
democratic electoral processes; and
(2) shall work with nongovernmental organizations—
(A) to strengthen democratic governance and institu-
tions, including the democratically elected National
Assembly of Venezuela;
(B) to defend internationally recognized human rights
for the people of Venezuela, including support for efforts
to document crimes against humanity and violations of
human rights;
(C) to support the efforts of independent media outlets
to broadcast, distribute, and share information beyond the
limited channels made available by the Maduro regime;
and
(D) to combat corruption and improve the transparency
and accountability of institutions that are part of the
Maduro regime.
(b) E
NGAGEMENT AT THE
O
RGANIZATION OF
A
MERICAN
S
TATES
.—
The Secretary of State, acting through the United States Permanent
Representative to the Organization of American States, should advo-
cate and build diplomatic support for sending an election observa-
tion mission to Venezuela to ensure that democratic electoral proc-
esses are organized and carried out in a free, fair, and transparent
manner.
(c) B
RIEFING
R
EQUIREMENT
.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of State,
in coordination with the Administrator of the United States Agency
for International Development, shall provide a briefing on the
strategy to carry out the activities described in subsection (a) to—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Rep-
resentatives; and
Deadline.
Coordination.
Coordination.
22 USC 9731.
Evaluation.
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133 STAT. 3039 PUBLIC LAW 116–94—DEC. 20, 2019
(4) the Committee on Appropriations of the House of Rep-
resentatives.
(d) A
UTHORIZATION OF
A
PPROPRIATIONS
.—
(1) I
N GENERAL
.—There are authorized to be appropriated
to the Secretary of State for fiscal year 2020, $17,500,000
to carry out the activities set forth in subsection (a).
(2) N
OTIFICATION REQUIREMENTS
.—Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from the Economic
Support Fund under section 531(c) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346(c)) and from the Development
Assistance Fund under section 653(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2413(a)), to the extent that such funds
are expended.
Subtitle E—Supporting the Reconstruction
of Venezuela
SEC. 151. RECOVERING ASSETS STOLEN FROM THE VENEZUELAN
PEOPLE.
(a) R
ECOVERING
A
SSETS
.—The President, acting through the
Secretary of State and in consultation with the Secretary of the
Treasury, shall advance a coordinated international effort—
(1) to work with foreign governments—
(A) to share financial investigations intelligence, as
appropriate;
(B) to block the assets identified pursuant to paragraph
(2); and
(C) to provide technical assistance to help governments
establish the necessary legal framework to carry out asset
forfeitures; and
(2) to carry out special financial investigations to identify
and track assets taken from the people and institutions of
Venezuela through theft, corruption, money laundering, or
other illicit means.
(b) S
TRATEGY
R
EQUIREMENT
.—
(1) I
N GENERAL
.—Not later than 180 days after the date
of the enactment of this Act, the President, acting through
the Secretary of State and in consultation with the Secretary
of the Treasury, shall submit a strategy for carrying out the
activities described in subsection (a) to Congress.
(2) A
DDITIONAL ELEMENTS
.—The strategy required under
paragraph (1) shall—
(A) assess whether the United States or another
member of the international community should establish
a managed fund to hold the assets identified pursuant
to subsection (a)(2) that could be returned to a future
democratic government in Venezuela; and
(B) include such recommendations as the President
and the Secretary of State consider appropriate for legisla-
tive or administrative action in the United States that
would be needed to establish and manage the fund
described in subparagraph (A).
Recommenda-
tions.
Assessment.
Deadline.
Consultation.
President.
Consultation.
Coordination.
22 USC 9741.
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133 STAT. 3040 PUBLIC LAW 116–94—DEC. 20, 2019
Subtitle F—Restoring the Rule of Law in
Venezuela
SEC. 161. DEVELOPING AND IMPLEMENTING A COORDINATED SANC-
TIONS STRATEGY WITH PARTNERS IN THE WESTERN
HEMISPHERE AND THE EUROPEAN UNION.
(a) S
TRENGTHENING
S
ANCTIONS
C
APACITY IN
L
ATIN
A
MERICA
AND THE
C
ARIBBEAN
.—The Secretary of State, in consultation with
the Secretary of the Treasury, shall offer to provide technical assist-
ance to partner governments in Latin America and the Caribbean
to assist such governments in establishing the legislative and regu-
latory frameworks needed to impose targeted sanctions on officials
of the Maduro regime who—
(1) are responsible for human rights abuses;
(2) have engaged in public corruption; or
(3) are undermining democratic institutions and processes
in Venezuela.
(b) C
OORDINATING
I
NTERNATIONAL
S
ANCTIONS
.—The Secretary
of State, in consultation with the Secretary of the Treasury, shall
engage in diplomatic efforts with partner governments, including
the Government of Canada, governments in the European Union,
and governments in Latin America and the Caribbean, to impose
targeted sanctions on the Maduro regime officials described in
subsection (a).
(c) S
TRATEGY
R
EQUIREMENT
.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of State, in consulta-
tion with the Secretary of the Treasury, shall submit a strategy
for carrying out the activities described in subsection (a) to—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(4) the Committee on Foreign Affairs of the House of Rep-
resentatives;
(5) the Committee on Appropriations of the House of Rep-
resentatives; and
(6) the Committee on Financial Services of the House of
Representatives.
(d) A
UTHORIZATION OF
A
PPROPRIATIONS
.—
(1) I
N GENERAL
.—There is authorized to be appropriated
to the Secretary of State for fiscal year 2020, $3,000,000 to
carry out the activities set forth in subsection (a).
(2) N
OTIFICATION REQUIREMENTS
.—Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from the Economic
Support Fund under section 531(c) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346(c)) and the International Narcotics
and Law Enforcement Fund under section 489 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h) to the extent that
such funds are expended.
SEC. 162. CLASSIFIED BRIEFING ON THE INVOLVEMENT OF VEN-
EZUELAN OFFICIALS IN CORRUPTION AND ILLICIT NAR-
COTICS TRAFFICKING.
(a) B
RIEFING
R
EQUIREMENT
.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of State, acting
Deadline.
Coordination.
Deadline.
Consultation.
Consultation.
Consultation.
22 USC 9751.
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133 STAT. 3041 PUBLIC LAW 116–94—DEC. 20, 2019
through the Bureau of Intelligence and Research, and in coordina-
tion with the Director of National Intelligence, shall provide a
classified briefing to the appropriate congressional committees on
the involvement of senior officials of the Maduro regime, including
members of the National Electoral Council, the judicial system,
and the Venezuelan security forces, in illicit narcotics trafficking
and significant acts of public corruption in Venezuela.
(b) A
DDITIONAL
E
LEMENTS
.—The briefing provided under sub-
section (a) shall—
(1) describe how the significant acts of public corruption
pose challenges for United States national security and impact
the rule of law and democratic governance in countries of
the Western Hemisphere;
(2) identify individuals for whom there is credible informa-
tion that they frustrated the ability of the United States to
combat illicit narcotics trafficking;
(3) include an assessment of the relationship between
individuals identified under subsection (a) and Nicola
´
s Maduro
or members of his cabinet; and
(4) include input from the Drug Enforcement Administra-
tion, the Office of Foreign Assets Control, and the Financial
Crimes Enforcement Network.
(c) A
PPROPRIATE
C
ONGRESSIONAL
C
OMMITTEES
.—In this section,
the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(4) the Committee on Foreign Affairs of the House of Rep-
resentatives;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
SEC. 163. CONCERNS OVER PDVSA TRANSACTIONS WITH ROSNEFT.
(a) F
INDINGS
.—Congress makes the following findings:
(1) In late 2016, Venezuelan state-owned oil company
Petro
´
leos de Venezuela, S.A. (referred to in this section as
‘‘PDVSA’’), through a no compete transaction, secured a loan
from Russian government-controlled oil company Rosneft, using
49.9 percent of PDVSA’s American subsidiary, CITGO Petro-
leum Corporation, including its assets in the United States,
as collateral. As a result of this transaction, 100 percent of
CITGO is held as collateral by PDVSA’s creditors.
(2) CITGO, a wholly owned subsidiary of PDVSA, is
engaged in interstate commerce and owns and controls critical
energy infrastructure in 19 States of the United States,
including an extensive network of pipelines, 48 terminals, and
3 refineries, with a combined oil refining capacity of 749,000
barrels per day. CITGO’s refinery in Lake Charles, Louisiana,
is the sixth largest refinery in the United States.
(3) The Department of the Treasury imposed sanctions
on Rosneft, which is controlled by the Government of the Rus-
sian Federation, and its Executive Chairman, Igor Sechin, fol-
lowing Russia’s military invasion of Ukraine and its illegal
annexation of Crimea in 2014.
22 USC 9752.
Definition.
Assessment.
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133 STAT. 3042 PUBLIC LAW 116–94—DEC. 20, 2019
(4) The Department of Homeland Security has designated
the energy sector as critical to United States infrastructure.
(5) The growing economic crisis in Venezuela raises the
probability that the Maduro regime and PDVSA will default
on their international debt obligations, resulting in a scenario
in which Rosneft could come into control of CITGO’s United
States energy infrastructure holdings.
(b) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that—
(1) control of critical United States energy infrastructure
by Rosneft, a Russian government-controlled entity currently
under United States sanctions that is led by Igor Sechin, who
is also under United States sanctions and is a close associate
of Vladimir Putin, would pose a significant risk to United
States national security and energy security; and
(2) a default by PDVSA on its loan from Rosneft, resulting
in Rosneft coming into possession of PDVSA’s United States
CITGO assets, would warrant careful consideration by the Com-
mittee on Foreign Investment in the United States.
(c) P
REVENTING
R
OSNEFT
F
ROM
C
ONTROLLING
U
NITED
S
TATES
E
NERGY
I
NFRASTRUCTURE
.—The President shall take all necessary
steps to prevent Rosneft from gaining control of critical United
States energy infrastructure.
(d) S
ECURITY
R
ISK
R
EPORT
.—Not later than 90 days after the
date of the enactment of this Act, the President shall submit a
report assessing the national security risks posed by potential Rus-
sian acquisition and control of CITGO’s United States energy infra-
structure holdings to—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Homeland Security and Govern-
mental Affairs of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(4) the Committee on Foreign Affairs of the House of Rep-
resentatives;
(5) the Committee on Homeland Security of the House
of Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
SEC. 164. CLASSIFIED BRIEFING ON ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS AND ACTORS IN VENEZUELA.
(a) I
N
G
ENERAL
.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, acting through
the Bureau of Intelligence and Research of the Department of
State, and in coordination with the Director of National Intelligence,
shall provide a classified briefing to the appropriate congressional
committees on—
(1) the full extent of cooperation by the Government of
the Russian Federation, the Government of the People’s
Republic of China, the Government of Cuba, and the Govern-
ment of Iran with the Maduro regime; and
(2) the activities inside Venezuelan territory of foreign
armed groups, including Colombian criminal organizations and
defectors from the Colombian guerilla group known as the
Revolutionary Armed Forces of Colombia, and foreign terrorist
organizations, including the Colombian guerilla group known
as the National Liberation Army (ELN).
Deadline.
Coordination.
President.
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133 STAT. 3043 PUBLIC LAW 116–94—DEC. 20, 2019
(b) A
PPROPRIATE
C
ONGRESSIONAL
C
OMMITTEES
.—In this section,
the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of Rep-
resentatives; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 165. COUNTERING RUSSIAN INFLUENCE IN VENEZUELA.
(a) S
HORT
T
ITLE
.—This section may be cited as the ‘‘Russian-
Venezuelan Threat Mitigation Act’’.
(b) T
HREAT
A
SSESSMENT AND
S
TRATEGY TO
C
OUNTER
R
USSIAN
I
NFLUENCE IN
V
ENEZUELA
.—
(1) D
EFINED TERM
.—In this subsection, the term ‘‘appro-
priate congressional committees’’ means—
(A) the Committee on Foreign Relations of the Senate;
and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) T
HREAT ASSESSMENT
.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional commit-
tees regarding—
(A) an assessment of Russian-Venezuelan security
cooperation;
(B) the potential threat such cooperation poses to the
United States and countries in the Western Hemisphere;
and
(C) a strategy to counter threats identified in subpara-
graphs (A) and (B).
(c) A
LIENS
I
NELIGIBLE FOR
V
ISAS
, A
DMISSION
,
OR
P
AROLE
.—
(1) A
LIENS DESCRIBED
.—An alien described in this para-
graph is an alien who the Secretary of State or the Secretary
of Homeland Security (or a designee of either Secretary) knows,
or has reason to believe, is acting or has acted on behalf
of the Government of Russia in direct support of the security
forces of the Maduro regime.
(2) V
ISAS
,
ADMISSION
,
OR PAROLE
.—An alien described in
paragraph (1) is—
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other documentation
to enter the United States; and
(C) otherwise ineligible to be admitted or paroled into
the United States or to receive any benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(3) C
URRENT VISAS REVOKED
.—
(A) I
N GENERAL
.—An alien described in paragraph (1)
is subject to revocation of any visa or other entry docu-
mentation regardless of when the visa or other entry docu-
mentation is or was issued.
(B) I
MMEDIATE EFFECT
.—A revocation under subpara-
graph (A) shall—
(i) take effect immediately; and
(ii) automatically cancel any other valid visa or
entry documentation that is in the alien’s possession.
Strategy.
Reports.
Russian-
Venezuelan
Threat
Mitigation Act.
22 USC 9753.
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133 STAT. 3044 PUBLIC LAW 116–94—DEC. 20, 2019
(4) E
XCEPTIONS
.—Sanctions under paragraphs (2) and (3)
shall not apply with respect to an alien if admitting or paroling
the alien into the United States is necessary—
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered
into force November 21, 1947, between the United Nations
and the United States, or other applicable international
obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(5) N
ATIONAL SECURITY
.—The President may waive the
application of this subsection with respect to an alien if the
President—
(A) determines that such a waiver is in the national
interest of the United States; and
(B) submits a notice of, and justification for, such
waiver to the appropriate congressional committees.
(6) S
UNSET
.—This subsection shall terminate on the date
that is 1 year after the date of the enactment of this Act.
SEC. 166. RESTRICTION ON EXPORT OF COVERED ARTICLES AND SERV-
ICES TO CERTAIN SECURITY FORCES OF VENEZUELA.
(a) S
HORT
T
ITLE
.—This section may be cited as the ‘‘Venezuela
Arms Restriction Act’’.
(b) D
EFINITIONS
.—In this section:
(1) A
PPROPRIATE CONGRESSIONAL COMMITTEES
.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Financial Services of the House
of Representatives.
(2) C
OVERED ARTICLE OR SERVICE
.—The term ‘‘covered
article or service’’—
(A) for purposes of subsection (c), means—
(i) a defense article or defense service (as such
terms are defined in section 47 of the Arms Export
Control Act (22 U.S.C. 2794)); and
(ii) any article included on the Commerce Control
List set forth in Supplement No. 1 to part 774 of
the Export Administration Regulations under sub-
chapter C of chapter VII of title 15, Code of Federal
Regulations, and controlled for crime control purposes,
if the end user is likely to use the article to violate
the human rights of the citizens of Venezuela; and
(B) for purposes of subsection (d), means—
(i) any defense article or defense service of the
type described in section 47 of the Arms Export Control
Act (22 U.S.C. 2794); and
(ii) any article of the type included on the Com-
merce Control List set forth in Supplement No. 1 to
part 774 of the Export Administration Regulations and
controlled for crime control purposes.
Venezuela Arms
Restriction Act.
22 USC 9754.
Notification.
Determination.
Waiver authority.
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133 STAT. 3045 PUBLIC LAW 116–94—DEC. 20, 2019
(3) F
OREIGN PERSON
.—The term ‘‘foreign person’’ means
a person that is not a United States person.
(4) P
ERSON
.—The term ‘‘person’’ means an individual or
entity.
(5) S
ECURITY FORCES OF VENEZUELA
.—The term ‘‘security
forces of Venezuela’’ includes—
(A) the Bolivarian National Armed Forces, including
the Bolivarian National Guard;
(B) the Bolivarian National Intelligence Service;
(C) the Bolivarian National Police; and
(D) the Bureau for Scientific, Criminal and Forensic
Investigations of the Ministry of Interior, Justice, and
Peace.
(6) U
NITED STATES PERSON
.—The term ‘‘United States per-
son’’ means—
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the United
States or of any jurisdiction within the United States,
including a foreign branch of such an entity.
(c) R
ESTRICTION ON
E
XPORT OF
C
OVERED
A
RTICLES AND
S
ERV
-
ICES TO
C
ERTAIN
S
ECURITY
F
ORCES OF
V
ENEZUELA
.—
(1) I
N GENERAL
.—Notwithstanding any other provision of
law, covered articles or services may not be exported from
the United States to any element of the security forces of
the Maduro regime.
(2) D
ETERMINATION
.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce and the heads
of other departments and agencies, as appropriate, shall—
(A) determine, using such information that is available
to the Secretary of State, whether any covered article or
service has been transferred since July 2017 to the security
forces of Venezuela without a license or other authorization
as required by law; and
(B) submit such determination in writing to the appro-
priate congressional committees.
(d) R
EPORT
.—
(1) I
N GENERAL
.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in consulta-
tion with the Secretary of Commerce, as appropriate, shall
submit a report to the appropriate congressional committees
regarding the transfer by foreign persons of covered articles
or services to elements of the security forces of Venezuela
that are under the authority of the Maduro regime.
(2) M
ATTERS TO BE INCLUDED
.—The report required under
paragraph (1) shall include—
(A) a list of all significant transfers by foreign persons
of covered articles or services to such elements of the
security forces of Venezuela since July 2017;
(B) a list of all foreign persons who maintain an
existing defense relationship with such elements of the
security forces of Venezuela; and
Lists.
Consultation.
Deadline.
Consultation.
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133 STAT. 3046 PUBLIC LAW 116–94—DEC. 20, 2019
(C) any known use of covered articles or services by
such elements of the security forces of Venezuela or associ-
ated forces, including paramilitary groups, that have coordi-
nated with such security forces to assault, intimidate, or
murder political activists, protesters, dissidents, and other
civil society leaders, including Juan Guaido
´
.
(e) S
UNSET
.—This section shall terminate on the earlier of—
(1) the date that is 3 years after the date of the enactment
of this Act; or
(2) the date on which the President certifies to the appro-
priate congressional committees that the Government of Ven-
ezuela has returned to a democratic form of government with
respect for the essential elements of representative democracy
as set forth in Article 3 of the Inter-American Democratic
Charter, adopted by the Organization of American States in
Lima on September 11, 2001.
Subtitle G—Cryptocurrency and Ensuring
the Effectiveness of United States Sanc-
tions
SEC. 171. BRIEFING ON THE IMPACT OF CRYPTOCURRENCIES ON
UNITED STATES SANCTIONS.
(a) D
EFINITION
.—In this section, the term ‘‘appropriate congres-
sional committees’’ means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(3) the Committee on Foreign Affairs of the House of Rep-
resentatives; and
(4) the Committee on Financial Services of the House of
Representatives.
(b) M
ETHODOLOGY
.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of State and the Sec-
retary of the Treasury, after consultation with the Chairman of
the Securities and Exchange Commission and the Chairman of
the Commodity Futures Trading Commission, shall develop a meth-
odology to assess how any digital currency, digital coin, or digital
token, that was issued by, for, or on behalf of the Maduro regime
is being utilized to circumvent or undermine United States sanc-
tions.
(c) B
RIEFING
.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Secretary
of the Treasury shall brief the appropriate congressional committees
on the methodology developed under subsection (b).
Subtitle H—Miscellaneous Provisions
SEC. 181. CONGRESSIONAL BRIEFINGS.
(a) H
UMANITARIAN
A
SSISTANCE
; S
ANCTIONS
C
OORDINATION
.—
(1) I
N GENERAL
.—Not later than 15 days after any of the
congressional committees listed in paragraph (2) requests a
briefing regarding the implementation—
Deadlines.
22 USC 9761.
Consultation.
Assessment.
Deadlines.
President.
Certification.
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133 STAT. 3047 PUBLIC LAW 116–94—DEC. 20, 2019
(A) of section 121, the Secretary of State and the
Administrator of the United States Agency for Inter-
national Development shall provide such briefing to such
committee; and
(B) of section 161, the Secretary of State shall provide
such briefing to such committee.
(2) C
ONGRESSIONAL COMMITTEES
.—The committees listed
in this paragraph are—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House
of Representatives.
(b) U
NITED
N
ATIONS
; N
EGOTIATED
S
OLUTION
; C
RIMES
A
GAINST
H
UMANITY
.—
(1) I
N GENERAL
.—Not later than 15 days after any congres-
sional committee listed in paragraph (2) requests a briefing
regarding the implementation of section 113, 122, or 142, the
Secretary of State shall provide such briefing to such committee.
(2) C
ONGRESSIONAL COMMITTEES
.—The congressional
committees listed in this paragraph are—
(A) the Committee on Foreign Relations of the Senate;
and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(c) R
EGIME
C
OHESION
.—
(1) I
N GENERAL
.—Not later than 15 days after a congres-
sional committee listed in paragraph (2) requests a briefing
regarding the implementation of section 131, the Secretary
of State and the Director of National Intelligence shall provide
such briefing to such committee.
(2) C
ONGRESSIONAL COMMITTEES
.—The congressional
committees listed in this paragraph are—
(A) the Committee on Foreign Relations of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Permanent Select Committee on Intelligence
of the House of Representatives.
(d) I
NTERNATIONAL
E
LECTION
O
BSERVATION
; D
EMOCRATIC
C
IVIL
S
OCIETY
.—Not later than 15 days after a congressional committee
listed in subsection (a)(2) requests a briefing regarding the
implementation of section 143, the Secretary of State and the
Administrator of the United States Agency for International
Development shall provide such briefing to such committee.
(e) V
ISA
R
ESTRICTIONS
; S
ANCTIONS
W
AIVER
.—Not later than
15 days after a congressional committee listed in subsection (b)(2)
requests a briefing regarding the implementation of section 132
or 133, the Secretary of State shall provide such briefing to such
committee.
(f) R
ECOVERY OF
S
TOLEN
A
SSETS
.—
(1) I
N GENERAL
.—Not later than 15 days after a congres-
sional committee listed in paragraph (2) requests a briefing
regarding the implementation of section 151, the Secretary
of State, the Secretary of the Treasury, and the Attorney Gen-
eral shall provide such briefing to such committee.
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133 STAT. 3048 PUBLIC LAW 116–94—DEC. 20, 2019
(2) C
ONGRESSIONAL COMMITTEES
.—The congressional
committees listed in this paragraph are—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Financial Services of the House
of Representatives; and
(F) the Committee on the Judiciary of the House of
Representatives.
(g) PDVSA T
RANSACTIONS
W
ITH
R
OSNEFT
.—
(1) I
N GENERAL
.—Not later than 15 days after a congres-
sional committee listed in paragraph (2) requests a briefing
regarding the implementation of section 163, the Secretary
of State, the Secretary of the Treasury, and the Secretary
of Homeland Security shall provide such briefing to such com-
mittee.
(2) C
ONGRESSIONAL COMMITTEES
.—The congressional
committees listed in this paragraph are—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Homeland Security and Govern-
mental Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Homeland Security of the House
of Representatives.
SEC. 182. PROHIBITION ON CONSTRUCTION OF PROVISIONS OF THIS
TITLE AS AN AUTHORIZATION FOR THE USE OF MILITARY
FORCE.
Nothing in this title may be construed as an authorization
for the use of military force.
SEC. 183. EXTENSION AND TERMINATION OF SANCTIONS AGAINST VEN-
EZUELA.
(a) A
MENDMENT
.—Section 5(e) of the Venezuela Defense of
Human Rights and Civil Society Act of 2014 (Public Law 113–
278; 50 U.S.C. 1701 note) is amended by striking ‘‘December 31,
2019’’ and inserting ‘‘December 31, 2023’’.
(b) T
ERMINATION
.—The requirement to impose sanctions under
this title shall terminate on December 31, 2023.
TITLE II—EASTERN MEDITERRANEAN
SECURITY AND ENERGY PARTNERSHIP
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Eastern Mediterranean Security
and Energy Partnership Act of 2019’’.
SEC. 202. FINDINGS.
Congress makes the following findings:
(1) The security of partners and allies in the Eastern Medi-
terranean region is critical to the security of the United States
and Europe.
Eastern
Mediterranean
Security and
Energy
Partnership Act
of 2019.
22 USC 2373
note.
22 USC 9763.
22 USC 9762.
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133 STAT. 3049 PUBLIC LAW 116–94—DEC. 20, 2019
(2) Greece is a valuable member of the North Atlantic
Treaty Organization (NATO) and a key pillar of stability in
the Eastern Mediterranean.
(3) Israel is a steadfast ally of the United States and
has been designated a ‘‘major non-NATO ally’’ and ‘‘major stra-
tegic partner’’.
(4) Cyprus is a key strategic partner and signed a State-
ment of Intent with the United States on November 6, 2018,
to enhance bilateral security cooperation.
(5) The countries of Greece, Cyprus, and Israel have partici-
pated in critical trilateral summits to improve cooperation on
energy and security issues.
(6) Secretary of State Mike Pompeo participated in the
trilateral summit among Israel, Greece, and Cyprus on March
20, 2019.
(7) The United States, Israel, Greece, and Cyprus oppose
any action in the Eastern Mediterranean and the Aegean Sea
that could challenge stability, violate international law, or
undermine good neighborly relations, and in a joint declaration
on March 21, 2019, agreed to ‘‘defend against external malign
influences in the Eastern Mediterranean and the broader
Middle East’’.
(8) The recent discovery of what may be the region’s largest
natural gas field off the Egyptian coast and the newest discov-
eries of natural gas off the coast of Cyprus could represent
a significant and positive development for the Eastern Medi-
terranean and the Middle East, enhancing the region’s strategic
energy significance.
(9) It is in the national security interest of the United
States to promote, achieve, and maintain energy security
among, and through cooperation with, allies.
(10) Natural gas developments in the Eastern Mediterra-
nean have the potential to provide economic gains and con-
tribute to energy security in the region and Europe, as well
as support European efforts to diversify away from natural
gas supplied by the Russian Federation.
(11) The soon to be completed Trans Adriatic Pipeline
is a critical component of the Southern Gas Corridor and the
European Union’s efforts to diversify energy resources.
(12) The proposed Eastern Mediterranean pipeline, if
commercially viable, would provide for energy diversification
in accordance with the European Union’s third energy package
of reforms.
(13) The United States acknowledges the achievements
and importance of the Binational Industrial Research and
Development Foundation (BIRD) and the United States-Israel
Binational Science Foundation (BSF) and supports continued
multiyear funding to ensure the continuity of the programs
of the Foundations.
(14) The United States has welcomed Greece’s allocation
of 2 percent of its gross domestic product (GDP) to defense
in accordance with commitments made at the 2014 NATO
Summit in Wales.
(15) Energy exploration in the Eastern Mediterranean
region must be safeguarded against threats posed by terrorist
and extremist groups, including Hezbollah and any other actor
in the region.
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133 STAT. 3050 PUBLIC LAW 116–94—DEC. 20, 2019
(16) The energy exploration in the Republic of Cyprus’s
Exclusive Economic Zone and territorial waters—
(A) furthers United States interests by providing a
potential alternative to Russian gas for United States allies
and partners; and
(B) should not be impeded by other sovereign states.
(17) The United States Government cooperates closely with
Cyprus, Greece, and Israel through information sharing agree-
ments.
(18) United States officials have assisted the Government
of the Republic of Cyprus with crafting that nation’s national
security strategy.
(19) The United States Government provides training to
Cypriot officials in areas such as cybersecurity, counterter-
rorism, and explosive ordnance disposal and stockpile manage-
ment.
(20) Israel, Greece, and Cyprus are valued members of
the Proliferation Security Initiative to combat the trafficking
of weapons of mass destruction.
(21) The Republic of Cyprus continues to work closely with
the United Nations and regional partners in Europe to combat
terrorism and violent extremism.
(22) Despite robust economic and security relations with
the United States, the Republic of Cyprus has been subject
to a United States prohibition on the export of defense articles
and services since 1987.
(23) The 1987 arms prohibition was designed to restrict
United States arms sales and transfers to the Republic of
Cyprus and the occupied part of Cyprus to avoid hindering
reunification efforts.
(24) At least 40,000 Turkish troops are stationed in the
occupied part of Cyprus with some weapons procured from
the United States through mainland Turkey.
(25) While the United States has, as a matter of policy,
avoided the provision of defense articles and services to the
Republic of Cyprus, the Government of Cyprus has, in the
past, sought to obtain defense articles from other countries,
including countries, such as Russia, that pose challenges to
United States interests around the world.
SEC. 203. STATEMENT OF POLICY.
It is the policy of the United States—
(1) to continue to actively participate in the trilateral dia-
logue on energy, maritime security, cybersecurity and protection
of critical infrastructure conducted among Israel, Greece, and
Cyprus;
(2) to support diplomatic efforts with partners and allies
to deepen energy security cooperation among Greece, Cyprus,
and Israel and to encourage the private sector to make invest-
ments in energy infrastructure in the Eastern Mediterranean
region;
(3) to strongly support the completion of the Trans Adriatic
and Eastern Mediterranean Pipelines and the establishment
of liquified natural gas (LNG) terminals across the Eastern
Mediterranean as a means of diversifying regional energy needs
away from the Russian Federation;
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133 STAT. 3051 PUBLIC LAW 116–94—DEC. 20, 2019
(4) to maintain a robust United States naval presence
and investments in the naval facility at Souda Bay, Greece
and develop deeper security cooperation with Greece to include
the recent MQ–9 deployments to the Larissa Air Force Base
and United States Army helicopter training in central Greece;
(5) to welcome Greece’s commitment to move forward with
the Interconnector Greece-Bulgaria (IGB pipeline) and addi-
tional LNG terminals that will help facilitate delivery of non-
Russian gas to the Balkans and central Europe;
(6) to support deepened security cooperation with the
Republic of Cyprus through the removal of the arms embargo
on the country;
(7) to support robust International Military Education and
Training (IMET) programming with Greece and the Republic
of Cyprus;
(8) to leverage relationships within the European Union
to encourage investments in Cypriot border and maritime secu-
rity;
(9) to support efforts to counter Russian Federation inter-
ference and influence in the Eastern Mediterranean through
increased security cooperation with Greece, Cyprus, and Israel,
to include intelligence sharing, cyber, and maritime domain
awareness;
(10) to support the Republic of Cyprus’ efforts to regulate
its banking industry to ensure that it is not used as a source
of international money laundering and encourage additional
measures toward that end;
(11) to strongly oppose any actions that would trigger
mandatory sanctions pursuant to section 231 of the Countering
America’s Adversaries Through Sanctions Act (CAATSA)
(Public Law 115–44), to include the purchase of military equip-
ment from the Russian Federation;
(12) to continue robust official strategic engagement with
Israel, Greece, and Cyprus;
(13) to urge countries in the region to deny port services
to Russian Federation vessels deployed to support the govern-
ment of Bashar Al-Assad in Syria;
(14) to support joint military exercises among Israel,
Greece, and Cyprus;
(15) to fully implement relevant CAATSA provisions to
prevent interference by the Russian Federation in the region;
(16) to support efforts by countries in the region to demobi-
lize military equipment supplied by the Russian Federation
in favor of equipment provided by NATO and NATO-allied
member countries; and
(17) to strongly support the active and robust participation
of Israel, Cyprus, and Greece in the Combating Terrorism
Fellowship Program.
SEC. 204. UNITED STATES-EASTERN MEDITERRANEAN ENERGY
COOPERATION.
(a) I
N
G
ENERAL
.—The Secretary of State, in coordination with
the Secretary of Energy, may enter into cooperative agreements
supporting and enhancing dialogue and planning involving inter-
national partnerships between the United States and Israel, Greece,
and the Republic of Cyprus.
Israel.
Greece.
Cyprus.
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133 STAT. 3052 PUBLIC LAW 116–94—DEC. 20, 2019
(b) A
NNUAL
R
EPORTS
.—If the Secretary of State, in coordination
with the Secretary of Energy, enters into agreements authorized
under subsection (a), the Secretary shall submit an annual report
to the appropriate congressional committees that describes—
(1) actions taken to implement such agreements; and
(2) any projects undertaken pursuant to such agreements.
(c) U
NITED
S
TATES
-E
ASTERN
M
EDITERRANEAN
E
NERGY
C
ENTER
.—The Secretary of Energy, in coordination with the Sec-
retary of State, may establish a joint United States-Eastern Medi-
terranean Energy Center in the United States leveraging the experi-
ence, knowledge, and expertise of institutions of higher education
and entities in the private sector, among others, in offshore energy
development to further dialogue and collaboration to develop more
robust academic cooperation in energy innovation technology and
engineering, water science, technology transfer, and analysis of
emerging geopolitical implications, which include opportunities as
well as crises and threats from foreign natural resource and energy
acquisitions.
SEC. 205. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON
THE UNITED STATES MUNITIONS LIST TO THE REPUBLIC
OF CYPRUS.
(a) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that—
(1) allowing for the export, re-export or transfer of arms
subject to the United States Munitions List (part 121 of title
22, Code of Federal Regulations) to the Republic of Cyprus
would advance United States security interests in Europe by
helping to reduce the dependence of the Government of the
Republic of Cyprus on other countries, including countries that
pose challenges to United States interests around the world,
for defense-related materiel; and
(2) it is in the interest of the United States to continue
to support United Nations-facilitated efforts toward a com-
prehensive solution to the division of Cyprus.
(b) M
ODIFICATION OF
P
ROHIBITION
.—Section 620C(e) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended—
(1) in paragraph (1), by striking ‘‘Any agreement’’ and
inserting ‘‘Except as provided in paragraph (3), any agreement’’;
and
(2) by adding at the end the following new paragraph:
‘‘(3) The requirement under paragraph (1) shall not apply to
any sale or other provision of any defense article or defense service
to Cyprus if the end-user of such defense article or defense service
is the Government of the Republic of Cyprus.’’.
(c) E
XCLUSION OF THE
G
OVERNMENT OF THE
R
EPUBLIC OF
C
YPRUS
F
ROM
C
ERTAIN
R
ELATED
R
EGULATIONS
.—
(1) I
N GENERAL
.—Subject to subsection (d) and except as
provided in paragraph (2), beginning on the date of the enact-
ment of this Act, the Secretary of State shall not apply a
policy of denial for exports, re-exports, or transfers of defense
articles and defense services destined for or originating in the
Republic of Cyprus if—
(A) the request is made by or on behalf of the Govern-
ment of the Republic of Cyprus; and
(B) the end-user of such defense articles or defense
services is the Government of the Republic of Cyprus.
Effective date.
Exports and
imports.
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133 STAT. 3053 PUBLIC LAW 116–94—DEC. 20, 2019
(2) E
XCEPTION
.—This exclusion shall not apply to any
denial based upon credible human rights concerns.
(d) L
IMITATIONS ON THE
T
RANSFER OF
A
RTICLES ON THE
U
NITED
S
TATES
M
UNITIONS
L
IST TO THE
R
EPUBLIC OF
C
YPRUS
.—
(1) I
N GENERAL
.—The policy of denial for exports, re-
exports, or transfers of defense articles on the United States
Munitions List to the Republic of Cyprus shall remain in place
unless the President determines and certifies to the appropriate
congressional committees not less than annually that—
(A) the Government of the Republic of Cyprus is con-
tinuing to cooperate with the United States Government
in efforts to implement reforms on anti-money laundering
regulations and financial regulatory oversight; and
(B) the Government of the Republic of Cyprus has
made and is continuing to take the steps necessary to
deny Russian military vessels access to ports for refueling
and servicing.
(2) W
AIVER
.—The President may waive the limitations con-
tained in this subsection for one fiscal year if the President
determines that it is essential to the national security interests
of the United States to do so.
(3) A
PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED
.—
In this section, the term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Foreign Relations and the Com-
mittee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Com-
mittee on Armed Services of the House of Representatives.
SEC. 206. IMET COOPERATION WITH GREECE AND THE REPUBLIC OF
CYPRUS.
There is authorized to be appropriated $1,300,000 for fiscal
year 2020, $1,500,000 for fiscal year 2021, and $1,800,000 for fiscal
year 2022 for International Military Education and Training (IMET)
assistance for Greece and $200,000 for fiscal year 2020, $500,000
for fiscal year 2021, and $750,000 for fiscal year 2022 for such
assistance for the Republic of Cyprus. The assistance shall be
made available for the following purposes:
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States mili-
tary and the country’s military to build alliances for the future.
(4) Enhancement of interoperability and capabilities for
joint operations.
(5) Focusing on professional military education.
(6) Enabling countries to use their national funds to receive
a reduced cost for other Department of Defense education and
training.
SEC. 207. FOREIGN MILITARY FINANCING.
(a) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There is authorized
to be appropriated for fiscal year 2021 up to $3,000,000 for Foreign
Military Financing (FMF) assistance for Greece to assist the country
in meeting its commitment as a member of the North Atlantic
Treaty Organization (NATO) to dedicate 20 percent of its defense
budget to enhance research and development.
President.
Determination.
Certification.
Time period.
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133 STAT. 3054 PUBLIC LAW 116–94—DEC. 20, 2019
(b) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
Greece should receive robust support under the European Recapital-
ization Incentive Program implemented by the Department of
Defense.
SEC. 208. STRATEGY ON UNITED STATES SECURITY AND ENERGY
COOPERATION IN THE EASTERN MEDITERRANEAN.
(a) I
N
G
ENERAL
.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense and the Secretary of Energy, shall
submit to the appropriate congressional committees a strategy on
enhanced security and energy cooperation with countries in the
Eastern Mediterranean region, including Israel, the Republic of
Cyprus, and Greece.
(b) E
LEMENTS
.—The report required under subsection (a) shall
include the following elements:
(1) A description of United States participation in and
support for the Eastern Mediterranean Natural Gas Forum.
(2) An evaluation of all possible delivery mechanisms into
Europe for natural gas discoveries in the Eastern Mediterra-
nean region.
(3) An evaluation of efforts to protect energy exploration
infrastructure in the region, including infrastructure owned
or operated by United States companies.
(4) An assessment of the capacity of the Republic of Cyprus
to host an Energy Crisis Center in the region which could
provide basing facilities in support of search and rescue efforts
in the event of an accident.
(5) An assessment of the timing of potential natural gas
delivery in the region as well as an assessment of the ultimate
destination countries for the natural gas delivery from the
region.
(6) A plan to work with United States businesses seeking
to invest in Eastern Mediterranean energy exploration, develop-
ment, and cooperation.
(c) F
ORM
.—The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 209. REPORT ON RUSSIAN FEDERATION MALIGN INFLUENCE IN
THE EASTERN MEDITERRANEAN.
(a) I
N
G
ENERAL
.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on Russian
Federation malign influence in the Republic of Cyprus, Greece,
and Israel since January 1, 2017.
(b) E
LEMENTS
.—The report required under subsection (a) shall
include the following elements:
(1) An assessment of security, political, and energy goals
of the Russian Federation in the Eastern Mediterranean.
(2) A description of energy projects of the Government
of the Russian Federation in the Eastern Mediterranean.
(3) A listing of Russian national ownership of media outlets
in these countries, including the name of the media outlet,
approximate viewership, and assessment of whether the outlet
promotes pro-Kremlin views.
(4) An assessment of military engagement by the Govern-
ment of the Russian Federation in the security sector, including
engagement by military equipment and personnel contractors.
List.
Assessments.
Cyprus.
Greece.
Israel.
Time period.
Plan.
Assessment.
Assessment.
Evaluation.
Evaluation.
Deadline.
Consultation.
Israel.
Cyprus.
Greece.
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133 STAT. 3055 PUBLIC LAW 116–94—DEC. 20, 2019
(5) An assessment of efforts supported by the Government
of the Russian Federation to influence elections in the three
countries, through the use of cyber attacks, social media cam-
paigns, or other malign influence techniques.
(6) An assessment of efforts by the Government of the
Russian Federation to intimidate and influence the decision
by His All Holiness Ecumenical Patriarch Bartholomew, leader
of 300,000,000 Orthodox Christians worldwide, to grant
autocephaly to the Ukrainian Orthodox Church.
(c) F
ORM
.—The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 210. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE
EXCLUSIVE ECONOMIC ZONE OF THE REPUBLIC OF
CYPRUS.
(a) I
N
G
ENERAL
.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense and the Secretary of Energy, shall
submit to the appropriate congressional committees a report listing
incidents since January 1, 2017, determined by the Secretary of
State to interfere in efforts by the Republic of Cyprus to explore
and exploit natural resources in its Exclusive Economic Zone.
(b) F
ORM
.—The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 211. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE
AIRSPACE OF GREECE.
(a) I
N
G
ENERAL
.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense, shall submit to the appropriate
congressional committees a report listing incidents since January
1, 2017, determined by the Secretary of State to be violations
of the airspace of the sovereign territory of Greece by its neighbors.
(b) F
ORM
.—The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 212. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this title, the term ‘‘appropriate congressional committees’’
means the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives.
TITLE III—END NEGLECTED TROPICAL
DISEASES ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘End Neglected Tropical Diseases
Act’’.
SEC. 302. STATEMENT OF POLICY.
It is the policy of the United States to support a broad range
of implementation and research and development activities that
work toward the achievement of cost-effective and sustainable treat-
ment, control, and, where possible, elimination of neglected tropical
diseases for the economic and social well-being of all people.
End Neglected
Tropical Diseases
Act.
22 USC 2151
note.
Definition.
Consultation.
Time period.
Determination.
Consultation.
Time period.
Determination.
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133 STAT. 3056 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 303. DEFINITION.
In this title, the terms ‘‘neglected tropical diseases’’ and
‘‘NTDs’’—
(1) mean infections caused by pathogens, including viruses,
bacteria, protozoa, and helminths that disproportionately
impact individuals living in extreme poverty, especially in
developing countries; and
(2) include—
(A) Buruli ulcer (Mycobacterium Ulcerans infection);
(B) Chagas disease;
(C) dengue or severe dengue fever;
(D) dracunculiasis (Guinea worm disease);
(E) echinococcosis;
(F) foodborne trematodiases;
(G) human African trypanosomiasis (sleeping sickness);
(H) leishmaniasis;
(I) leprosy;
(J) lymphatic filariasis (elephantiasis);
(K) onchocerciasis (river blindness);
(L) scabies;
(M) schistosomiasis;
(N) soil-transmitted helminthiases (STH) (roundworm,
whipworm, and hookworm);
(O) taeniasis/cysticercosis;
(P) trachoma; and
(Q) yaws (endemic treponematoses).
SEC. 304. EXPANSION OF UNITED STATES AGENCY FOR INTER-
NATIONAL DEVELOPMENT NEGLECTED TROPICAL DIS-
EASES PROGRAM.
(a) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
the Neglected Tropical Diseases Program, as in effect on the date
of the enactment of this Act, should—
(1) provide integrated drug treatment packages to as many
individuals suffering from NTDs or at risk of acquiring NTDs,
including individuals displaced by manmade and natural disas-
ters, as logistically feasible;
(2) better integrate NTD control and treatment tools and
approaches into complementary development and global health
programs by coordinating, to the extent practicable and appro-
priate, across multiple sectors, including those relating to HIV/
AIDS, malaria, tuberculosis, education, nutrition, other infec-
tious diseases, maternal and child health, and water, sanitation,
and hygiene;
(3) establish low-cost, high-impact community- and school-
based NTD programs to reach large at-risk populations,
including school-age children, with integrated drug treatment
packages, as feasible;
(4) as opportunities emerge and resources allow, engage
in research and development of new tools and approaches to
reach the goals relating to the elimination of NTDs as set
forth by the 2012 World Health Organization publication ‘‘Accel-
erating Work to Overcome the Global Impact of Neglected
Tropical Diseases: A Roadmap for Implementation’’, including
for Chagas disease, Guinea worm, human African
trypanosomiasis (sleeping sickness), leprosy, and visceral
leishmaniasis; and
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133 STAT. 3057 PUBLIC LAW 116–94—DEC. 20, 2019
(5) monitor research on and developments in the prevention
and treatment of other NTDs so breakthroughs can be incor-
porated into the Neglected Tropical Diseases Program, as prac-
ticable and appropriate.
(b) P
ROGRAM
P
RIORITIES
.—The Administrator of the United
States Agency for International Development (referred to in this
section as the ‘‘Administrator’’) should incorporate the following
priorities into the Neglected Tropical Diseases Program (as in effect
on the date of the enactment of this Act):
(1) Planning for and conducting robust monitoring and
evaluation of program investments in order to accurately
measure impact, identify and share lessons learned, and inform
future NTD control and elimination strategies.
(2) Coordinating program activities with complementary
development and global health programs of the United States
Agency for International Development, including programs
relating to water, sanitation, and hygiene, food and nutrition
security, and education (both primary and secondary), in order
to advance the goals of the London Declaration on Neglected
Tropical Diseases (2012).
(3) Including morbidity management in treatment plans
for high-burden NTDs.
(4) Incorporating NTDs included in the Global Burden of
Disease Study 2010 into the program as opportunities emerge,
to the extent practicable and appropriate.
(5) Continuing investments in the research and develop-
ment of new tools and approaches that complement existing
research investments and ensure that new discoveries make
it through the pipeline and become available to individuals
who need them most.
SEC. 305. ACTIONS BY DEPARTMENT OF STATE.
(a) O
FFICE OF THE
G
LOBAL
AIDS C
OORDINATOR
.—It is the sense
of Congress that the Coordinator of United States Government
Activities to Combat HIV/AIDS Globally should fully consider
evolving research on the impact of NTDs on efforts to control
HIV/AIDS when making future programming decisions, as nec-
essary and appropriate.
(b) G
LOBAL
P
ROGRAMMING
.—
(1) I
N GENERAL
.—The Secretary of State should encourage
the Global Fund to take into consideration evolving research
on the impact of NTDs on efforts to control HIV/AIDS when
making programming decisions, particularly with regard to
female genital schistosomiasis, which studies suggest may be
one of the most significant cofactors in the AIDS epidemic
in Africa, as necessary and appropriate.
(2) G
LOBAL FUND
.—In this subsection, the term ‘‘Global
Fund’’ means the public-private partnership known as the
Global Fund to Fight AIDS, Tuberculosis and Malaria estab-
lished pursuant to Article 80 of the Swiss Civil Code.
(c) G–20 C
OUNTRIES
.—The Secretary of State, acting through
the Office of Global Health Diplomacy, should encourage G–20
countries to significantly increase their role in the control and
elimination of NTDs.
SEC. 306. MULTILATERAL DEVELOPMENT AND HEALTH INSTITUTIONS.
(a) F
INDING
.—Congress finds that the treatment of NTDs,
including community- and school-based deworming programs, can
Definition.
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133 STAT. 3058 PUBLIC LAW 116–94—DEC. 20, 2019
be a highly cost-effective intervention, and schools can serve as
an effective delivery mechanism for reaching large numbers of
children with safe treatment for soil-transmitted helminthiases
(roundworm, whipworm, and hookworm) in particular.
(b) U
NITED
N
ATIONS
.—The President should direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States to urge the
World Health Organization and the United Nations Development
Programme to—
(1) ensure the dissemination of best practices and program-
ming on NTDs to governments and make data accessible to
practitioners in an open and timely fashion;
(2) highlight impacts of community- and school-based
deworming programs on children’s health and education,
emphasizing the cost-effectiveness of such programs;
(3) encourage governments to implement deworming cam-
paigns at the national level;
(4) consider the designation of a portion of grant funds
of the institutions to deworming initiatives and cross-sectoral
collaboration with water, sanitation, and hygiene efforts and
nutrition or education programming, as practicable and appro-
priate;
(5) encourage accurate monitoring and evaluation of NTD
programs, including deworming programs; and
(6) engage governments in cross-border initiatives for the
treatment, control, prevention, and elimination of NTDs, and
assist in developing transnational agreements, when and where
necessary.
SEC. 307. RULE OF CONSTRUCTION.
Nothing in this title may be construed to increase authoriza-
tions of appropriations for the United States Agency for Inter-
national Development.
TITLE IV—PREVENTING CHILD MAR-
RIAGE IN DISPLACED POPULATIONS
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Preventing Child Marriage
in Displaced Populations Act’’.
SEC. 402. FINDINGS.
Congress finds the following:
(1) According to United Nations Children’s Fund (UNICEF),
12,000,000 girls marry before the age of 18 every year.
(2) Early marriage denies children, especially girls, their
right to make vital decisions about their well-being, including
relating to their health, family, and career. Child brides are
less likely to finish their education, and are at higher risk
for abuse, contracting HIV, and dying while pregnant or giving
birth.
(3) Child marriage also imposes substantial economic costs
to developing countries, impeding development and prosperity
gains.
(4) Displaced populations are particularly vulnerable to
child marriage, in communities where poverty, instability, and
Preventing Child
Marriage in
Displaced
Populations Act.
22 USC 287 note.
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133 STAT. 3059 PUBLIC LAW 116–94—DEC. 20, 2019
displacement put pressure on families to marry children,
particularly young girls, off at a young age.
(5) One United Nations (UN) study found that child mar-
riage rates were 4 times higher among displaced Syrian refu-
gees than among Syrians before the crisis. This indicates that
displacement, instability, and poverty are driving child mar-
riages.
(6) United Nations agencies, including UNICEF and the
United Nations High Commissioner for Refugees (UNHCR),
have acknowledged the dangers of child marriage and taken
steps to address its risk in the populations they serve.
(7) The UN Joint Program on Child Marriage supports
this work by building the resilience of populations to indirectly
prevent child marriage and by generating new data and evi-
dence on the prevalence of child marriage in humanitarian
and fragile settings. For example, in Uganda, the UN Joint
Program on Child Marriage helped 27,000 adolescent girls
strengthen critical skills through school clubs and Go Back
to School campaigns, as well as life skills and financial literacy
training.
(8) After the UN Joint Program on Child Marriage identi-
fied Yemen as one of its focus countries, 65,000 people, of
whom 45,000 are adolescents, were reached with awareness-
raising activities on the harms of child marriage in 2018 alone.
As a result, local council representatives, elders, and community
leaders from 6 districts signed a pledge to support advocacy
efforts to end child marriage.
SEC. 403. PREVENTING CHILD MARRIAGE IN DISPLACED POPU-
LATIONS.
(a) I
N
G
ENERAL
.—The President shall direct the United States
Permanent Representative to the United Nations to use the voice,
vote, and influence of the United States at the United Nations
to call for an adoption of an agreed upon definition of ‘‘child mar-
riage’’ across United Nations agencies.
(b) S
TRATEGY
.—The President shall direct the United States
Permanent Representative to the United Nations to use the voice,
vote, and influence of the United States at the United Nations
to call for the development of a comprehensive strategy to address
child marriage in refugee settlements administered by the United
Nations. The strategy should include the following elements:
(1) A mandate to regularly collect and report data related
to the number of known or suspected child marriages taking
place inside each such settlement.
(2) Protocols for United Nations personnel regarding
prevention and monitoring of child marriages inside each such
settlement.
(3) A description of United Nations programs administered
at such settlements that include—
(A) physical, mental, and emotional rehabilitation and
support to children who have extricated themselves from
child marriage; and
(B) alternatives to child marriage, such as education
initiatives.
(4) Protocols regarding how United Nations personnel
should—
President.
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133 STAT. 3060 PUBLIC LAW 116–94—DEC. 20, 2019
(A) report adults participating in illegal child mar-
riages in each such settlement; and
(B) monitor the prosecution of such adults by the
authorities of the country in which the settlement at issue
is located.
(c) R
ESEARCH
.—The President shall direct the United States
Permanent Representative to the United Nations to use the voice,
vote, and influence of the United States at the United Nations
to advocate for the United Nations and its appropriate agencies
to include, as appropriate, in all of its research regarding child
marriage, the relationship between child marriage and violence
against girls, including young children and infants.
(d) D
EFINITIONS
.—In this section:
(1) C
HILD MARRIAGE
.—The term ‘‘child marriage’’ means
a formal marriage or informal union involving at least one
person younger than age 18.
(2) I
LLEGAL CHILD MARRIAGE
.—The term ‘‘illegal child mar-
riage’’ means a child marriage that is illegal under the laws
of the country in which the child marriage occurs.
TITLE V—GLOBAL FRAGILITY
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Global Fragility Act of 2019’’.
SEC. 502. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title:
(1) A
PPROPRIATE CONGRESSIONAL COMMITTEES
.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Com-
mittee on Appropriations of the House of Representatives.
(2) R
ELEVANT FEDERAL DEPARTMENT OR AGENCY
.—The term
‘‘relevant Federal department or agency’’ means the Depart-
ment of State, the United States Agency for International
Development, the Department of Defense, the Department of
Treasury, and any other Federal department or agency the
President determines is relevant to carry out the purposes
of this title.
SEC. 503. STATEMENT OF POLICY.
It is the policy of the United States to seek to stabilize conflict-
affected areas and prevent violence and fragility globally, including
by—
(1) ensuring that all relevant Federal departments and
agencies coordinate to achieve coherent, long-term goals for
programs designed to carry out such policy;
(2) seeking to improve global, regional, and local coordina-
tion of relevant international and multilateral development and
donor organizations regarding efforts to carry out such policy;
and
(3) enhancing the effectiveness of United States foreign
assistance programs and activities to carry out such policy,
including by improving assessment, monitoring, and evaluation
conducted by the relevant Federal departments and agencies.
22 USC 9802.
22 USC 9801.
22 USC 9801
note.
Global Fragility
Act of 2019.
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133 STAT. 3061 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 504. GLOBAL FRAGILITY STRATEGY.
(a) S
TRATEGY
.—The President, in coordination with the Sec-
retary of State, the Administrator of the United States Agency
for International Development (‘‘USAID’’), the Secretary of Defense,
and the heads of other relevant Federal departments and agencies,
shall establish a comprehensive, integrated, ten-year strategy, to
be referred to as the ‘‘Global Fragility Strategy’’, to contribute
to the stabilization of conflict-affected areas, address global fragility,
and strengthen the capacity of the United States to be an effective
leader of international efforts to prevent extremism and violent
conflict. The strategy shall focus on addressing long-term causes
of fragility and violence, and shall—
(1) consider the causes of fragility and violence at both
the local and national levels, the external actors that reinforce
and exploit such conditions, and successful prevention strate-
gies and their key features;
(2) include specific objectives and multisectoral approaches
to reduce fragility and the causes of violence, including those
that strengthen state-society relations, curb extremist ideology,
and make society less vulnerable to the spread of extremism
and violence;
(3) encourage and empower local and national actors to
address the concerns of their citizens, including those in vulner-
able communities, and build community resilience against
violence and extremism;
(4) address the long-term underlying causes of fragility
and violence through participatory, locally led programs,
empowering marginalized groups such as youth and women,
inclusive dialogues and conflict resolutions processes, justice
sector reform, good governance, inclusive and accountable
service delivery, and community policing and civilian security,
including by combatting impunity for security forces implicated
in violations of internationally recognized human rights and
other serious crimes;
(5) describe approaches that ensure national leadership
where appropriate and participatory engagement by civil society
and local partners in the design, implementation, and moni-
toring of programs;
(6) assign roles for relevant Federal departments and agen-
cies to avoid duplication of efforts, while ensuring that—
(A) the Department of State is responsible for leading
the drafting and execution of the strategy, establishing
United States foreign policy, advancing diplomatic and
political efforts, and overseeing the planning and
implementation of security assistance and related civilian
security efforts;
(B) USAID is responsible for overseeing prevention
programs, and is the lead implementing agency for develop-
ment, humanitarian, and related non-security program
policy;
(C) activities undertaken or supported by the Depart-
ment of Defense in relation to the Global Fragility Strategy
are established through joint formulation and with the
concurrence of the Secretary of State; and
(D) other relevant Federal departments and agencies
support the activities of the Department of State and
Coordination.
President.
22 USC 9803.
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133 STAT. 3062 PUBLIC LAW 116–94—DEC. 20, 2019
USAID as appropriate, with the concurrence of the Sec-
retary of State and the Administrator of the United States
Agency for International Development;
(7) describe programs that relevant Federal departments
and agencies will undertake to achieve the stated objectives,
including descriptions of existing programs and funding by
fiscal year and account;
(8) identify mechanisms to improve coordination between
the United States, foreign governments, and international
organizations, including the World Bank, the United Nations,
regional organizations, and private sector organizations;
(9) address efforts to expand public-private partnerships
and leverage private sector resources;
(10) describe the criteria, metrics, and mechanisms for
monitoring and evaluation of programs and objectives in the
strategy to ensure planning, implementation, and coordination
are appropriately executed and updated;
(11) describe how the strategy will ensure that programs
are country-led and context-specific; and
(12) identify mechanisms or activities to reduce the risk
that the programs, policies, or resources of the United States
and its partners will facilitate corruption, empower or abet
repressive local actors, or be exploited by extremists to gain
support for their cause.
(b) S
TAKEHOLDER
C
ONSULTATION
.—The Global Fragility
Strategy required under this section shall be developed in consulta-
tion with representatives of civil society and national and local
governance entities in countries and regions described in section
505, as well as relevant international development organizations
with experience implementing programs in fragile states, multilat-
eral organizations and donors, relevant private, academic, and
philanthropic entities, and the appropriate congressional commit-
tees.
(c) R
EPORT
.—Not later than 270 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report setting forth the strategy
described in subsection (a), which shall be submitted in unclassified
form, but may include a classified annex if necessary, and shall
include, at a minimum, the following elements:
(1) The objectives, general and specific, of the strategy.
(2) An identification of the relevant Federal departments
and agencies that will be involved and the assignment of prior-
ities to such departments and agencies.
(3) A description of the compact-based partnerships that
will be established to ensure local leadership of strategies,
policy, and programs, as well as mutual accountability for
results and resources needed to support such partnerships.
(4) An identification of the authorities, staffing, and other
requirements, as necessary and appropriate, needed to effec-
tively implement the Global Fragility Strategy.
(5) A description of the ways in which United States leader-
ship will be used to enhance overall international prevention
efforts, including through increasing the engagement of the
member states of the Group of Seven and Group of Twenty.
(6) An identification of which officials of the Department
of State, USAID, and the Department of Defense, with a rank
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133 STAT. 3063 PUBLIC LAW 116–94—DEC. 20, 2019
not lower than Assistant Secretary or Assistant Administrator,
will be responsible for leading and overseeing the strategy.
(7) A list of priority countries and regions selected pursuant
to section 505, including descriptions of the rationale for such
selections.
SEC. 505. SELECTION OF PRIORITY COUNTRIES AND REGIONS.
(a) I
N
G
ENERAL
.—The President, in coordination with the Sec-
retary of State, the Administrator of the United States Agency
for International Development, and the Secretary of Defense, and
in consultation with the appropriate congressional committees speci-
fied in subsection (b), shall select certain countries as ‘‘priority
countries’’ and certain regions as ‘‘priority regions’’ for the purpose
of implementing the Global Fragility Strategy required under sec-
tion 504—
(1) on the basis of—
(A) the national security interests of the United States;
(B) clearly defined indicators of the levels of violence
or fragility in such country or region, such as the country’s
or region’s—
(i) ranking on recognized global fragility lists, such
as the Organization for Economic Co-operation and
Development States of Fragility report, the Fund for
Peace Fragile States Index, the World Bank Har-
monized List of Fragile Situations, the Institute for
Economics and Peace Global Peace Index, and the Holo-
caust Museum Early Warning Project Risk Assess-
ment;
(ii) ranking on select United States Government
conflict and atrocity early warning watch lists;
(iii) levels of violence, including violence committed
by armed groups, state actors, and violent extremist
organizations, gender-based violence, and violence
against children and youth; and
(iv) vulnerability to rising sea levels, flooding,
drought, wildfires, desertification, deforestation, food
insecurity, and human displacement; and
(C) an assessment of—
(i) the commitment and capacity of national and
sub-national government entities and civil society part-
ners in such country or region to work with relevant
Federal departments and agencies on the Global Fra-
gility Strategy, including by demonstrating commit-
ment to—
(I) improving inclusive, transparent, and
accountable power structures, including effective,
legitimate, and resilient national and sub-national
institutions; and
(II) ensuring strong foundations for human
rights, rule of law, and equal access to justice;
and
(ii) the likelihood that United States assistance
under the Global Fragility Strategy would measurably
help to reduce fragility, prevent the spread of extre-
mism and violence, and stabilize conflict-affected areas
in each such country or region; and
President.
Coordination.
Consultation.
22 USC 9804.
List.
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133 STAT. 3064 PUBLIC LAW 116–94—DEC. 20, 2019
(2) in a manner that ensures that not fewer than five
countries or regions are selected, including not fewer than
two in which the priority will be preventing violent conflict
and fragility, rather than stabilizing ongoing conflicts.
(b) C
ONSULTATION
W
ITH
C
ONGRESS
.—Prior to finalization of
the selection of priority countries and regions under subsection
(a), representatives from the Department of State, USAID, the
Department of Defense, and other relevant Federal departments
and agencies, as necessary and appropriate, shall brief the appro-
priate congressional committees on the countries and regions being
considered and shall consider congressional input on such
prioritization.
SEC. 506. PRIORITY COUNTRY AND REGIONAL PLANS.
Not later than one year after the date of the enactment of
this Act, the President, in coordination with the Secretary of State,
the Administrator of the United States Agency for International
Development, the Secretary of Defense, and the heads of other
relevant Federal departments and agencies, shall submit to the
appropriate congressional committees ten-year plans to align and
integrate under the Global Fragility Strategy established pursuant
to section 504 all relevant diplomatic, development, and security
assistance and activities of the United States Government with
respect to each of the countries and regions selected pursuant
to section 505. Each such country and regional plan shall include
the following elements:
(1) Specific multi-year interagency plans for coordination
and implementation under each such plan.
(2) An up-to-date baseline analysis for each such country
or region, including an analysis of the conditions that contribute
to violence and fragility.
(3) Prioritized descriptions of the goals and objectives for
stabilizing conflict-affected areas, reducing fragility, and pre-
venting the spread of extremism and violence in each such
country.
(4) Descriptions of how and when the relevant goals, objec-
tives, plans, and benchmarks for each such country or region
will be incorporated into relevant United States country or
regional plans and strategies, including the National Security
Strategy of the United States, the Stabilization Assistance
Review, Department of State Integrated Country Strategies,
USAID Country Development Cooperation Strategies, and
Department of Defense Campaign Plans, Operational Plans,
and Regional Strategies, as well as any equivalent or successor
plans or strategies.
(5) Interagency plans to ensure that appropriate local
actors, including government and civil society entities, have
an appropriate ownership stake in developing, implementing,
monitoring, and evaluating relevant activities under each such
plan.
(6) Interagency plans to integrate existing and planned
security assistance and cooperation programs in each such
country or region with the strategy, and to mitigate risks
associated with such programs, including risks related to
corruption, governance, and human rights.
(7) Assessment, monitoring, and evaluation frameworks for
diplomatic, development, and security assistance and activities,
Assessments.
Evaluations.
Analysis.
Deadline.
President.
Coordination.
22 USC 9805.
Briefing.
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133 STAT. 3065 PUBLIC LAW 116–94—DEC. 20, 2019
which shall be informed by consultations with the stakeholders
specified in section 504(b), with clear metrics for each such
country or region, as well as interagency plans for using such
frameworks to adapt such activities on a regular basis.
(8) Descriptions of available policy tools and how such
tools will be used to reduce fragility, prevent the spread of
extremism and violence, and stabilize conflict-affected areas
in each such country or region.
(9) A description of how planning and implementation of
assistance under the Global Fragility Strategy for each such
country or region will be coordinated in a manner that
strengthens partnerships and leverages the unique expertise
and resources of the United States Government and—
(A) governments of such countries;
(B) international development organizations;
(C) relevant international donors;
(D) multilateral organizations; and
(E) the private sector.
(10) A regional component outlining plans to address rel-
evant transnational issues and how each such country is
affected by or at risk of regional fragility or violence.
(11) When a region is selected, a component outlining plans
to address factors at the individual country level that affect
regional fragility or violence.
SEC. 507. IMPLEMENTATION.
The President, in coordination with the Secretary of State,
the Administrator of the United States Agency for International
Development, the Secretary of Defense, the heads of other relevant
Federal departments and agencies, relevant United States ambas-
sadors, USAID mission directors, geographic combatant com-
manders, and other relevant individuals with responsibility over
activities in each priority country or region selected pursuant to
section 505, shall ensure that—
(1) the Global Fragility Strategy required under section
504, including each of the country plans developed under section
506, is implemented, updated, and coordinated on a regular
basis; and
(2) the strategy is used to guide United States Government
policy at a senior level and incorporated into relevant strategies
and plans across the United States Government such that
the activities of all relevant Federal departments and agencies
are consistent with the strategy.
SEC. 508. BIENNIAL REPORTS AND CONGRESSIONAL CONSULTATION.
(a) B
IENNIAL
R
EPORTS
.—Not later than two years after the
submission of the plans required in section 506, and every two
years thereafter until the date that is ten years after the date
of submission of such plans, the President, the Secretary of State,
the Administrator of the United States Agency for International
Development, the Secretary of Defense, and the heads of other
relevant Federal departments and agencies shall jointly submit
to the appropriate congressional committees an unclassified report,
which may include a classified annex, on progress made and lessons
learned with respect to implementation of the Global Fragility
Strategy established pursuant to section 504. The report shall
include the following elements:
President.
22 USC 9807.
President.
Coordination.
22 USC 9806.
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133 STAT. 3066 PUBLIC LAW 116–94—DEC. 20, 2019
(1) Descriptions of steps taken to incorporate the strategy
into any relevant, existing country and regional plans or strate-
gies.
(2) Accountings of all funding received and obligated to
implement each such country and regional plan during the
previous two years, and, to the extent feasible, projections
of funding to be requested, planned, and implemented for the
following two years.
(3) Descriptions of progress made towards achieving specific
targets, metrics, and indicators for each priority country and
region.
(4) Descriptions of any changes made to programs based
on the results of assessment, monitoring, and evaluation for
each priority country and region.
(b) C
ONGRESSIONAL
C
ONSULTATION
.—The Secretary of State,
the Administrator of the United States Agency for International
Development, and the Secretary of Defense shall provide to any
appropriate congressional committee briefings on the implementa-
tion of this title upon the request of any such committee.
SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
(a) P
REVENTION AND
S
TABILIZATION
F
UND
.—
(1) E
STABLISHMENT
.—There is established in the Treasury
of the United States a fund, which shall be known as the
‘‘Prevention and Stabilization Fund’’ (in this subsection referred
to as ‘‘The Fund’’), to be administered by the Department
of State and USAID, as appropriate, to support stabilization
of conflict-affected areas and to mitigate fragility, including
through the Global Fragility Strategy established pursuant to
section 504, which shall replace the Relief and Recovery Fund.
(2) A
UTHORIZATION OF APPROPRIATIONS
.—There is author-
ized to be appropriated to the Fund $200,000,000 for each
of the fiscal years 2020 through 2024.
(3) P
URPOSES OF THE FUND
.—
(A) I
N GENERAL
.—Amounts authorized to be appro-
priated to the Fund shall be used—
(i) to support stabilization of conflict-affected areas
and prevent global fragility, including through the
Global Fragility Strategy established pursuant to sec-
tion 504; and
(ii) to provide assistance to areas liberated or at
risk from, or under the control of, the Islamic State
of Iraq and Syria, other terrorist organizations, or vio-
lent extremist organizations, including for stabilization
assistance for vulnerable ethnic and religious minority
communities affected by conflict.
(B) A
MOUNTS IN ADDITION
.—Amounts authorized to be
appropriated to the Fund under this section are in addition
to any funds otherwise made available for the purposes
described in paragraph (1).
(4) C
ONGRESSIONAL NOTIFICATION
.—Funds may not be obli-
gated under this section unless the congressional committees
specified in section 634A of the Foreign Assistance Act of 1961
(22 U.S.C. 2394–1) are notified of the amount and nature
of such proposed obligation at least 15 days in advance of
such proposed obligation, in accordance with the procedures
Time period.
22 USC 9808.
Briefings.
Assessments.
Evaluations.
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133 STAT. 3067 PUBLIC LAW 116–94—DEC. 20, 2019
applicable to notifications regarding reprogrammings pursuant
to such section.
(b) C
OMPLEX
C
RISIS
F
UND
.—
(1) E
STABLISHMENT
.—There is established in the Treasury
of the United States a fund, which shall be known as the
‘‘Complex Crises Fund’’ (in this subsection referred to as the
‘‘Fund’’), to be administered by USAID, to support programs
and activities to prevent or respond to emerging or unforeseen
events overseas, including to support the Global Fragility
Strategy established pursuant to section 504.
(2) A
UTHORIZATION OF APPROPRIATIONS
.—There is author-
ized to be appropriated to the Fund $30,000,000 for each of
the fiscal years 2020 through 2024, which shall remain avail-
able until expended.
(3) P
URPOSES OF THE FUND
.—
(A) I
N GENERAL
.—Notwithstanding any other provision
of law, except section 620M of the Foreign Assistance Act
of 1961 (22 U.S.C. 2378d), amounts in the Fund may be
used to carry out the provisions of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.) to support programs
and activities to prevent or respond to emerging or unfore-
seen foreign challenges and complex crises overseas,
including through the Global Fragility Strategy established
pursuant to section 504.
(B) A
MOUNTS IN ADDITION
.—Amounts authorized to be
appropriated to the Fund are in addition to any amounts
otherwise made available for the purposes described in
subparagraph (A).
(4) L
IMITATIONS
.—
(A) I
N GENERAL
.—Amounts in the Fund may not be
expended for lethal assistance or to respond to natural
disasters.
(B) A
DMINISTRATIVE EXPENSES
.—Not more than five
percent of the amounts in the Fund may be used for
administrative expenses.
(5) C
ONGRESSIONAL NOTIFICATION
.—The United States
Agency for International Development shall notify the appro-
priate congressional committees not less than five days prior
to the obligation of amounts in the Fund.
(6) W
AIVER
.—The notification requirement under para-
graph (5) may be waived if—
(A) notification by the deadline specified in such para-
graph would pose a substantial risk to human health or
welfare; and
(B) the appropriate congressional committees—
(i) are notified as early as practicable but in no
event later than three days after an obligation of
amounts from the Fund; and
(ii) are provided with an explanation of the emer-
gency circumstances that necessitated such waiver.
SEC. 510. IMPROVING AND LEVERAGING ASSISTANCE FOR THE GLOBAL
FRAGILITY STRATEGY.
(a) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
the President, the Secretary of State, the Administrator of the
United States Agency for International Development, the Secretary
22 USC 9809.
Deadline.
Time period.
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133 STAT. 3068 PUBLIC LAW 116–94—DEC. 20, 2019
of Defense, and the heads of other relevant Federal departments
and agencies should—
(1) develop more adaptive and responsive policy and pro-
gram planning, implementation, and scaling under the Global
Fragility Strategy established pursuant to section 504, and
work with the appropriate congressional committees to identify
any legislative changes that may be necessary to support such
efforts;
(2) better integrate the strategy and other conflict and
violence reduction objectives and activities into other policy
and program areas, where appropriate; and
(3) support transparent and accountable multilateral funds,
initiatives, and strategies to enhance and better coordinate
private and public efforts to stabilize conflict-affected areas
and prevent violence and fragility globally.
(b) O
THER
F
UNDING AND
C
OST
M
ATCHING
.—The Global Fragility
Strategy established pursuant to section 504—
(1) may, after consultation with the appropriate congres-
sional committees, be supported with funds other than funds
authorized to be appropriated pursuant to section 509; and
(2) shall seek to leverage funds from sources other than
the United States Government in order to promote coordination
and cost-matching to the maximum extent practicable.
(c) M
ULTI
-
DONOR
G
LOBAL
F
RAGILITY
F
UND
.—
(1) A
UTHORITY
.—Pursuant to sections 607 and 632 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2357 and 2392),
and consistent with subsection (b), and after consultation with
the appropriate congressional committees, the Secretary of
State is authorized to establish funding mechanisms, to include
the establishment of a Global Fragility Fund, to leverage,
receive, coordinate, and program funds provided by other donors
and private sector partners to carry out the purposes of this
title.
(2) P
URPOSES
.—A funding mechanism established pursuant
to paragraph (1) should—
(A) include input from and participation by key
bilateral and multilateral donors, representatives of civil
society, relevant nongovernmental organizations and pri-
vate sector entities, and developing countries where fra-
gility threatens to exacerbate violent extremism and under-
mine development;
(B) enhance donor coordination and cooperation;
(C) advance clearly defined goals, objectives, and
metrics for monitoring, evaluating, and measuring
progress; and
(D) focus on strengthening national and local good
governance and conflict resolution capacity in fragile and
conflict-affected areas over the long-term through com-
prehensive, compact-based agreements that support
country-led strategies.
(3) C
ONGRESSIONAL NOTIFICATION
.—Funds may not be obli-
gated under this section except in consultation with the appro-
priate congressional committees and subject to the notification
of such committees of the amount and proposed uses of such
funds at least 15 days in advance of such proposed obligation.
Time period.
Consultation.
Consultation.
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133 STAT. 3069 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 511. RULE OF CONSTRUCTION.
Nothing in this title shall be construed as a declaration of
war or an authorization for the use of military force.
TITLE VI—COMBATING WILDLIFE
TRAFFICKING
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Rescuing Animals With Rewards
Act of 2019’’ or the ‘‘RAWR Act’’.
SEC. 602. FINDINGS; SENSE OF CONGRESS.
(a) F
INDINGS
.—Congress finds the following:
(1) Wildlife trafficking is a major transnational crime that
is estimated to generate over $10 billion a year in illegal
profits and which is increasingly perpetrated by organized,
sophisticated criminal enterprises, including known terrorist
organizations.
(2) Wildlife trafficking not only threatens endangered spe-
cies worldwide, but also jeopardizes local security, spreads dis-
ease, undermines rule of law, fuels corruption, and damages
economic development.
(3) Combating wildlife trafficking requires a coordinated
and sustained approach at the global, regional, national, and
local levels.
(4) Congress stated in the Eliminate, Neutralize, and Dis-
rupt Wildlife Trafficking Act of 2016 that it is the policy of
the United States to take immediate actions to stop the illegal
global trade in wildlife and wildlife products and associated
transnational organized crime.
(b) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
the Department of State’s rewards program is a powerful tool
in combating sophisticated international crime and that the Depart-
ment of State and Federal law enforcement should work in concert
to offer rewards that target wildlife traffickers.
SEC. 603. WILDLIFE TRAFFICKING PREVENTION AWARDS PROGRAM.
Subparagraph (B) of section 36(k)(5) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708(k)(5)) is amended
by inserting ‘‘wildlife trafficking (as defined by section 2(12) of
the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act
of 2016 (16 U.S.C. 7601(12); Public Law 114–231)) and’’ after
‘‘includes’’.
TITLE VII—CHAMPIONING AMERICAN
BUSINESS THROUGH DIPLOMACY
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Championing American Business
Through Diplomacy Act of 2019’’.
SEC. 702. FINDINGS.
Congress makes the following findings:
(1) According to the 2017 National Security Strategy of
the United States of America, ‘‘Retaining our position as the
22 USC 9901.
22 USC 9901
note.
Championing
American
Business
Through
Diplomacy Act
of 2019.
22 USC 2708
note.
22 USC 2651
note.
Rescuing
Animals With
Rewards Act
of 2019.
22 USC 9810.
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133 STAT. 3070 PUBLIC LAW 116–94—DEC. 20, 2019
world’s preeminent economic actor strengthens our ability to
use the tools of economic diplomacy for the good of Americans
and others.’’.
(2) A November 7, 2018, cable from Secretary of State
Michael R. Pompeo to all diplomatic and consular posts—
‘‘Boosting Commercial Diplomacy Around the World’’—stated
that ‘‘helping American companies is a foreign policy pri-
ority. . .Promoting broad-based, responsible, and sustainable
economic growth helps to stabilize regions and creates new
and growing markets for U.S. companies. A transparent and
level playing field for U.S. investment in these countries
counters real and growing challenges such as China’s Belt
and Road initiative.’’.
(3) In the January–February 2019 issue of The Foreign
Service Journal, Ambassador Barbara Stephenson, the Presi-
dent of the American Foreign Service Association, wrote, ‘‘For-
eign Service support for American business. . .is a major rea-
son why the U.S. Foreign Service was created.’’.
SEC. 703. ECONOMIC DIPLOMACY WITHIN THE DEPARTMENT OF
STATE.
Subsection (c) of section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new para-
graph:
‘‘(3) A
SSISTANT SECRETARY FOR ECONOMIC AND BUSINESS
MATTERS
.—
‘‘(A) I
N GENERAL
.—Subject to the numerical limitation
specified in paragraph (1), there is authorized to be estab-
lished in the Department of State an Assistant Secretary
of State who shall be responsible to the Secretary of State
for matters pertaining to international economics and busi-
ness matters in the conduct of foreign policy.
‘‘(B) M
ATTERS CONTEMPLATED
.—The matters referred
to in subparagraph (A) include the following:
‘‘(i) International trade and investment policy.
‘‘(ii) International finance, economic development,
and debt policy.
‘‘(iii) Economic sanctions and combating terrorist
financing.
‘‘(iv) International transportation policy.
‘‘(v) Support for United States businesses.
‘‘(vi) Economic policy analysis and private sector
outreach.
‘‘(vii) International data privacy and innovation
policies.
‘‘(viii) Such other related duties as the Secretary
may from time to time designate.’’.
SEC. 704. CHIEF OF MISSION RESPONSIBILITIES.
Section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927) is amended by adding at the end the following new subsection:
‘‘(d) P
ROMOTION OF
U
NITED
S
TATES
E
CONOMIC
I
NTERESTS
.—
Each chief of mission to a foreign country shall have as a principal
duty the promotion of United States economic and commercial
interests in such country.’’.
Establishment.
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133 STAT. 3071 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 705. INCREASED TRAINING IN ECONOMIC AND COMMERCIAL
DIPLOMACY.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C.
4028) is amended by adding at the end the following new subsection:
‘‘(d) E
CONOMIC AND
C
OMMERCIAL
D
IPLOMACY
.—The Secretary
of State, with the assistance of other relevant officials and the
private sector, shall establish as part of the standard training
provided for economic and commercial officers of the Foreign
Service, chiefs of mission, and deputy chiefs of mission, training
on matters related to economic and commercial diplomacy, with
particular attention to market access and other elements of an
enabling framework for United States businesses, commercial
advocacy, and United States foreign economic policy, in addition
to awareness about the support of the United States Government
available to United States businesses, including support provided
by the Department of Agriculture, the Department of Commerce,
the Export-Import Bank of the United States, the Millennium Chal-
lenge Corporation, the Trade and Development Agency, the Depart-
ment of the Treasury, the United States Agency for International
Development, and the United States International Development
Finance Corporation.’’.
SEC. 706. REPORT FROM EACH MISSION ON MATTERS OF COMMERCIAL
RELATIONS.
(a) I
N
G
ENERAL
.—Not later than 1 year after the date of the
enactment of this Act and annually thereafter, the chief of mission
at each bilateral diplomatic mission of the United States and the
Director of the American Institute in Taiwan shall submit to the
Secretary of State mission plans that include the following:
(1) Data and other information regarding actions taken
by each such mission or Institute during the previous year
to foster commercial relations and safeguard United States
economic and business interests in the country or region in
which each such chief of mission and the Director serves.
(2) Each such mission’s and Institute’s anticipated economic
and commercial priorities for the coming year.
(b) R
EPORT TO
C
ONGRESS
.—The Secretary of State, after
receiving the information required under subsection (a), shall
submit to the Committee on Foreign Affairs of the House of Rep-
resentatives and the Committee on Foreign Relations of the Senate
a report, disaggregated by country or region, on activities and
initiatives, including with appropriate examples, to create an
enabling environment and otherwise promote United States eco-
nomic and business interests in each such country or region, as
well as information about significant foreign competition to United
States businesses in the relevant country or region, including state-
directed investments by foreign governments and United States
strategic competitors in such country or region.
SEC. 707. CONSOLIDATED REPORT ON UNIFIED INVESTMENT CLIMATE
STATEMENT AND COUNTRY COMMERCIAL GUIDE.
(a) I
N
G
ENERAL
.—The Secretary of State and the Secretary
of Commerce shall jointly produce and make publicly available
on a United States Government internet website an annual country-
and region-specific report regarding commercial relations with for-
eign countries and regions and safeguarding United States economic
and business interests abroad, including with regard to United
Public
information.
Web posting.
22 USC 9903.
Data.
Deadline.
Plans.
22 USC 9902.
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133 STAT. 3072 PUBLIC LAW 116–94—DEC. 20, 2019
States exports and investments, including by small- and medium-
size enterprises.
(b) M
ATTERS
T
O
B
E
I
NCLUDED
.—Each report required under
subsection (a) shall include the following with respect to each
country or region covered by each such report:
(1) Information about doing business in each country or
region.
(2) Background information about each country’s or region’s
political environment.
(3) Information about selling United States products and
services in each country or region.
(4) Leading sectors for United States exports and invest-
ment in each country or region.
(5) Information about trade regulations, customs, and
standards in each country or region, such as—
(A) information on import tariffs; and
(B) documentation about which United States
businesses should be aware when exporting, including any
prohibited items or temporary entry procedures.
(6) Investment climate statements describing each country’s
or region’s openness to foreign investments, such as information
relating to each country’s or region’s—
(A) investment policies;
(B) market barriers;
(C) business risks;
(D) legal and regulatory system, including dispute reso-
lution;
(E) level of public and private sector corruption;
(F) level of political violence and instability;
(G) adherence to internationally recognized core labor
standards; and
(H) protection of property rights.
(7) Information about trade and project financing in each
country or region, such as each country’s or region’s—
(A) banking and financial system, and how United
States businesses typically get paid;
(B) foreign exchange controls; and
(C) important sources of funding for project financing.
(8) Relevant business travel information and business cus-
toms in each country or region.
(9) Information about services and personnel of the diplo-
matic mission of the United States available to United States
businesses to support their activities in each country or region.
(10) Any significant trade or commercial agreement that
exists between the United States and each country or region.
(11) A point of contact at the diplomatic or consular mission
of the United States in each country or region for United
States businesses.
(c) R
ULE OF
C
ONSTRUCTION
.—Nothing in this section may be
construed to require the duplication of existing reports.
SEC. 708. WHOLE-OF-GOVERNMENT COORDINATION AND CONSULTA-
TION TO SUPPORT UNITED STATES ECONOMIC AND BUSI-
NESS INTERESTS.
(a) I
N
G
ENERAL
.—The Secretary of State, in consultation with
the Administrator of the United States Agency for International
Development, the Secretary of Commerce, the Secretary of the
22 USC 9904.
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133 STAT. 3073 PUBLIC LAW 116–94—DEC. 20, 2019
Treasury, and the United States Trade Representative, shall have
primary responsibility for coordinating a whole-of-government effort
to expand United States efforts in supporting United States eco-
nomic and business interests abroad. The Secretary may delegate
responsibilities under this Act to a senior, Senate-confirmed Depart-
ment of State official.
(b) R
ESPONSIBILITIES
.—The Secretary shall—
(1) chair the interagency coordinating committee estab-
lished under subsection (c);
(2) develop and implement the joint strategic plan required
under subsection (c)(4) for all United States trade-related and
trade capacity building and related technical assistance pro-
grams, in consultation with the coordinating committee estab-
lished under subsection (c);
(3) advise the Federal departments and agencies designated
by the President to participate in the interagency coordinating
committee under this section in identifying the most needed
and effective ways for United States diplomatic and consular
posts and the departments and agencies that staff such posts
to support the expansion of United States trade relations with
host governments;
(4) consult with the private sector in the development of
government-wide trade expansion efforts, including establishing
a point of contact and lead office within the Department of
State to receive private-sector recommendations and comments
concerning trade capacity assistance, coordination, consulta-
tions, and country-specific issues;
(5) consult with the Office of Management and Budget
regarding the administrative and human resources needs that
may be required to implement the provisions of this title;
and
(6) brief Congress on trade capacity building programs
and make recommendations, as appropriate, to Congress for
improvements in trade capacity building efforts.
(c) E
CONOMIC
D
IPLOMACY
A
CTION
G
ROUP
.—
(1) E
STABLISHMENT
.—The President shall establish an
interagency coordinating committee, to be known as the ‘‘Eco-
nomic Diplomacy Action Group’’, to coordinate and carry out
the purposes of this section.
(2) L
EADERSHIP
.—The Group shall be chaired by the Sec-
retary of State and the vice-chairs shall be the United States
Trade Representative and the Secretary of Commerce. The
Secretaries and the United States Trade Representative may
delegate responsibilities under this Act to appropriate, senior,
Senate-confirmed officials.
(3) M
EMBERSHIP
.—The President may appoint to the Group
senior officials from the United States Agency for International
Development, the Department of Agriculture, the Department
of the Treasury, the Export-Import Bank, the United States
Development Finance Corporation, and any such other relevant
executive branch department or agency as the President deter-
mines to be substantially involved in trade capacity building
and related assistance efforts in developing countries.
(4) D
EVELOPMENT OF JOINT STRATEGIC PLAN
.—The Group
shall develop a joint strategic plan for all United States capacity
building and technical assistance programs.
(d) D
IPLOMACY
T
RADE
E
XPANSION
A
DVISORY
C
OMMITTEE
.—
President.
Appointments.
President.
Briefing.
Recommenda-
tions.
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133 STAT. 3074 PUBLIC LAW 116–94—DEC. 20, 2019
(1) E
STABLISHMENT OF TEAC
.—The Chair and Vice-Chairs
of the Economic Diplomacy Action Group shall establish a
trade expansion advisory committee with selected representa-
tives of the United States private sector and other organiza-
tions, including labor organizations, with direct and relevant
operational experience in importing from and exporting into
developing countries, as appropriate, to provide comment and
advice on priorities for trade expansion initiatives. The Chair
and Vice-Chairs of the Group may also appoint representatives
from select non-profit organizations to the advisory committee
if such representatives can demonstrate both a presence in
and relevant operational or programmatic experience with trade
capacity building efforts in developing countries.
(2) M
EETINGS
.—The trade expansion advisory committee
shall convene at least twice annually or more often as necessary
at the call of the Chair and Vice-Chairs of the Group.
(3) S
TRATEGIC PLANNING ADVICE
.—The trade expansion
advisory committee shall advise the Chair and Vice-Chairs
of the Group on ways that embassies can better support the
United States private sector abroad, including assisting the
Chair and Vice-Chairs—
(A) in soliciting private-sector advice;
(B) with respect to implementation of strategic plan-
ning; and
(C) in advancing the overall mission and goals of
United States national security.
SEC. 709. PRIVATE SECTOR CONSULTATION AND COORDINATION.
(a) C
ONSULTATION
W
ITH
P
RIVATE
S
ECTOR BY
E
MBASSY
.—In
developing the priorities for trade expansion initiatives described
in section 708(d), embassy mission teams shall convene local rep-
resentatives of the United States private sector and the private
sector of host countries to consult on issues affecting trade at
the borders of such countries and take into account the private
sector’s operational expertise and experience confronting the trade
barriers in such countries as well as its recommendations for reform
and best practices.
(b) I
NCLUSION OF
P
RIVATE
-
SECTOR
C
OMMENTS IN
M
ISSION
P
LANS
.—Written comments from local United States private sector
representatives shall be included in the trade expansion component
of mission plans submitted by the chief of mission to the Secretary
of State, with recommendations and comments from the mission
team, for the purpose of informing the development of the joint
strategic plan on trade expansion priorities required pursuant to
section 708(c)(4) and recommended funding for the implementation
of such plan.
(c) D
ESIGNATED
E
MBASSY
P
OINT OF
C
ONTACT FOR
P
RIVATE
S
ECTOR
C
ONSULTATION
.—Each chief of mission shall designate an
appropriate point of contact within the embassy who shall receive
recommendations from appropriate private sector representatives
regarding the implementation of the strategic plan required under
section 708(c)(4) and ongoing trade barriers negatively impacting
priority trade expansion. The chief of mission shall ensure that
the designated point of contact shall be reasonably available for
consultations with appropriate private sector representatives and
to receive recommendations with respect to country-specific issues
that may arise that will foreseeably disrupt trade.
Recommenda-
tions.
22 USC 9905.
Appointments.
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133 STAT. 3075 PUBLIC LAW 116–94—DEC. 20, 2019
(d) R
EQUIREMENT TO
P
ROTECT
B
USINESS
C
ONFIDENTIAL
I
NFORMATION
.—
(1) I
N GENERAL
.—The Secretary of State, Secretary of Com-
merce, and United States Trade Representative as well as
the heads of all other agencies involved in the Economic Diplo-
macy Action Group established under section 708(c) shall pro-
tect from disclosure any proprietary information submitted by
any private sector representative and marked as ‘‘business
confidential information’’, unless the party submitting the con-
fidential business information had notice, at the time of submis-
sion, that such information would be released by the head
of any such department or agency, or such party subsequently
consents to the release of the information. To the extent busi-
ness confidential information is provided, a non-confidential
version of the information shall also be provided, in which
the business confidential information is summarized or, if nec-
essary, deleted.
(2) T
REATMENT AS TRADE SECRETS
.—Proprietary informa-
tion submitted by a private party in accordance with this Act
shall be considered to be a matter falling within the meaning
of trade secrets and commercial or financial information exemp-
tion under section 552(b)(4) of title 5, United States Code,
and shall be exempt from disclosure without the express
approval of the private party.
SEC. 710. IMPROVING AWARENESS OF UNITED STATES GOVERNMENT
TOOLS AND SERVICES TO SUPPORT UNITED STATES
BUSINESSES OVERSEAS.
The Secretary of State and the Secretary of Commerce shall
take actions to improve the awareness of United States businesses
with respect to United States Government tools and services to
assist such businesses overseas, especially small and medium-sized
enterprises, including by coordinating with State trade agencies,
Export Assistance Centers, and Small Businesses Development Cen-
ters.
SEC. 711. REPORT BY COMPTROLLER GENERAL OF THE UNITED
STATES.
(a) I
N
G
ENERAL
.—Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate a report on United States economic and commercial
diplomacy.
(b) M
ATTERS
T
O
B
E
I
NCLUDED
.—The report required under
subsection (a) shall include an assessment of the following:
(1) What is known about the effectiveness of United States
economic and commercial diplomacy in influencing foreign
governments and supporting United States businesses abroad.
(2) Coordination between the Department of State and
the Department of Commerce with respect to United States
economic and commercial diplomacy.
(3) The effectiveness of training provided pursuant to sub-
section (d) of section 708 of the Foreign Service Act of 1980
(as added by section 705 of this title) on matters relating
to economic and commercial diplomacy.
(4) The status and effectiveness of actions taken by the
Secretary of State under section 710 of this title regarding
Assessments.
22 USC 9906.
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133 STAT. 3076 PUBLIC LAW 116–94—DEC. 20, 2019
commercial relations with foreign countries and regions and
safeguarding United States economic and business interests
abroad.
(5) The status of the U.S. Commercial Service of the Depart-
ment of Commerce and its effectiveness in advancing the eco-
nomic and business interests of the United States abroad.
(6) The status of the Foreign Service economics officers
and their effectiveness in advancing the economic and business
interests of the United States abroad.
(7) Recommendations to improve United States economic
and commercial diplomacy.
TITLE VIII—UNITED STATES COMMIS-
SION ON INTERNATIONAL RELIGIOUS
FREEDOM REAUTHORIZATION
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘United States Commission
on International Religious Freedom Reauthorization Act of 2019’’.
SEC. 802. REAUTHORIZATION.
Section 209 of the International Religious Freedom Act of 1998
(22 U.S.C. 6436) is amended by striking ‘‘2019’’ and inserting ‘‘2022’’.
SEC. 803. COMPOSITION OF COMMISSION.
Section 201 of the International Religious Freedom Act of 1998
(22 U.S.C. 6431) is amended—
(1) in subsection (b)(2)—
(A) by striking ‘‘(A) I
N GENERAL
.—’’; and
(B) by striking subparagraph (B);
(2) by amending subsection (d) to read as follows:
‘‘(d) E
LECTION OF
C
HAIR AND
V
ICE
C
HAIR
.—At the first meeting
of the Commission after May 30 of each year, a majority of the
members of the Commission who are present and voting shall
elect a Chair and a Vice Chair. The Vice Chair shall have been
appointed by an officeholder from a different political party than
the officeholder who appointed the member of the Commission
who was elected Chair. The positions of Chair and Vice Chair
shall be rotated annually between members who were appointed
to the Commission by officeholders of different political parties.’’;
(3) in subsection (f), by striking ‘‘Country Report on Human
Rights Practices’’ and inserting ‘‘International Religious
Freedom Report’’; and
(4) by adding at the end the following:
‘‘(j) R
EMOVAL
.—If a payment is made under section 415(a) of
the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a))
for an award or settlement in connection with a claim alleging
a violation of unlawful harassment, intimidation, reprisal, or
discrimination under the Congressional Accountability Act of 1995
(2 U.S.C. 1301 et seq.) that was committed personally by an indi-
vidual who, at the time of committing the violation, was a Member
of the Commission, the Member shall be removed from the Commis-
sion.’’.
22 USC 6401
note.
United States
Commission on
International
Religious
Freedom
Reauthorization
Act of 2019.
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133 STAT. 3077 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 804. DUTIES AND POWERS OF THE COMMISSION.
(a) D
UTIES
.—Section 202(e) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6432) is amended—
(1) by striking ‘‘The Commission’’ and inserting the fol-
lowing:
‘‘(1) I
N GENERAL
.—The Commission’’; and
(2) by adding at the end the following:
‘‘(2) T
RACKING
;
REVIEW
.—The Commission shall regularly—
‘‘(A) track the implementation by the United States
Government of the recommendations it makes under para-
graph (1); and
‘‘(B) review, to the extent practicable, the effectiveness
of such implemented recommendations in advancing reli-
gious freedom internationally.’’.
(b) P
OWERS
.—Section 203(e) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6432a(e)) is amended by adding
at the end the following: ‘‘If a Member of the Commission is invited
to speak at an event in his or her capacity as a Commissioner,
the Member shall provide notice of the request to all Commissioners
and the Executive Director as soon as the Commissioner becomes
aware of such invitation. Speeches and responses to questions at
official events shall reflect the views of the Commission. Official
speeches and other prepared materials shall be made available
to all Commissioners in advance of the event. If a Commissioner
is speaking in his or her private capacity, he or she shall include
qualifying language that the views they are representing are his
or her own views and not the views of the Commission.’’.
SEC. 805. COMMISSION PERSONNEL MATTERS.
(a) I
N
G
ENERAL
.—Section 204 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6432b) is amended—
(1) in subsection (b)—
(A) by striking ‘‘fix the compensation of the Executive
Director and other personnel’’ and inserting ‘‘provide
reasonable compensation to the Executive Director’’;
(B) by striking ‘‘and other personnel may not exceed
the rate payable for level V of the Executive Schedule
under section 5316’’ and inserting ‘‘may not exceed the
rate payable under level II of the Executive Schedule under
section 5313’’; and
(C) by adding at the end the following: ‘‘The rate of
pay for other personnel of the Commission may not exceed
the rate payable for level IV of the Executive Schedule
under section 5315 of such title. All employees of the
Commission shall otherwise be treated as employees whose
pay is disbursed by the Secretary of the Senate, including
for purposes of applying the Standing Rules of the Senate.
The Commission shall be treated as an employing office
of the Senate.’’;
(2) in subsection (f), by striking ‘‘the commission, for the
executive director’’ and inserting ‘‘the Commission, for the
Executive Director’’; and
(3) by striking subsection (g).
(b) C
OVERAGE OF
C
OMMISSION
E
MPLOYEES
.—Section 101(b) of
the Congressional Accountability Act (2 U.S.C. 1301(b)) is
amended—
Notification.
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133 STAT. 3078 PUBLIC LAW 116–94—DEC. 20, 2019
(1) in paragraph (1), by inserting ‘‘the United States
Commission on International Religious Freedom,’’ after ‘‘With
respect to’’;
(2) in paragraph (2)—
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) by inserting ‘‘(A)’’ before ‘‘Subject to paragraph
(3),’’; and
(C) by adding at the end the following:
‘‘(B) Legal assistance and representation under this
chapter, including assistance and representation with
respect to the proposal or acceptance of the disposition
of a claim under this chapter, shall be provided to the
United States Commission on International Religious
Freedom by the Office of Senate Chief Counsel for Employ-
ment of the Senate, in the case of assistance and represen-
tation in connection with a claim filed under subchapter
IV (including all subsequent proceedings under such sub-
chapter in connection with such claim).’’; and
(3) in paragraph (3)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(D) the term ‘United States Commission on Inter-
national Religious Freedom’ means the Commission estab-
lished under section 201 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6431 et seq.).’’.
SEC. 806. COMMISSION TRAVEL AND ANNUAL DISCLOSURES.
(a) D
UTIES
.—Section 201(i) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6431(i)) is amended by striking
‘‘are subject to’’ and inserting ‘‘shall comply with’’.
(b) P
OWERS
.—Section 203(f) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6432a(f)) is amended—
(1) by striking ‘‘The Members of the Commission’’ and
inserting the following:
‘‘(1) I
N GENERAL
.—The Members of the Commission’’; and
(2) by adding at the end the following:
‘‘(2) P
ROHIBITION AGAINST PAYMENT OF OFFICIAL TRAVEL
BY NON
-
FEDERAL SOURCES
.—Members of the Commission and
Commission staff may not accept payment from a non-Federal
source for expenses related to official travel on behalf of the
Commission.’’.
(c) A
NNUAL
D
ISCLOSURES
.—Section 203 of the International
Religious Freedom Act of 1998, as amended by subsection (b),
is further amended by adding at the end the following:
‘‘(g) A
NNUAL
D
ISCLOSURES
.—Not later than March 1 of each
year, each Member of the Commission shall submit a report to
the appropriate congressional committees (as defined in section
4(a) of the United States Commission on International Religious
Freedom Reauthorization Act of 2015 (22 U.S.C. 6433a(a)) with
respect to the most recently concluded 12-month period, that dis-
closes any travel by the Member outside of the United States
that was paid for or reimbursed by a person or entity other than
the Member, a relative of the Member, or the Federal Government,
including—
Reports.
Time period.
Definition.
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133 STAT. 3079 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(1) who paid for or reimbursed the travel;
‘‘(2) a good faith estimate of the cost of the travel, if
the travel was funded by a person or entity that does not
employ the Member; and
‘‘(3) brief details of the travel and events related to such
travel.’’.
SEC. 807. STRATEGIC PLAN.
Section 4(d) of the United States Commission on International
Religious Freedom Reauthorization Act of 2015 (22 U.S.C. 6433a(d))
is amended by striking ‘‘Not later than 180 days after the date
of the enactment of the Act, and not less frequently than biennially
thereafter’’ and inserting ‘‘Not later than 180 days after the date
of the enactment of this Act, and every 2 years thereafter’’.
SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
Section 207(a) of the International Religious Freedom Act of
1998 (22 U.S.C. 6435(a)) is amended by striking ‘‘2016 to 2019’’
and inserting ‘‘2019 through 2022’’.
SEC. 809. RECORD RETENTION.
Section 208 of the International Religious Freedom Act of 1998
(22 U.S.C. 6435a) is amended by adding at the end the following:
‘‘(f) C
OMMISSION
R
ECORDS
.—The Commission shall comply with
all of the records management requirements set forth in chapter
31 of title 44, United States Code (commonly referred to as the
‘Federal Records Act of 1950’).
‘‘(g) O
FFICIAL
E
MAIL FOR
C
OMMISSION
B
USINESS
.—When con-
ducting any Commission business on electronic accounts, Commis-
sion Members and staff shall use official Commission electronic
accounts.’’.
TITLE IX—OTHER MATTERS
SEC. 901. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS’ COM-
PENSATION PAYMENTS AND OTHER PAYMENTS FOR
DEPARTMENT OF STATE PERSONNEL UNDER CHIEF OF
MISSION AUTHORITY.
(a) A
DJUSTMENT OF
C
OMPENSATION FOR
C
ERTAIN
I
NJURIES
.—
(1) I
NCREASE
.—The Secretary of State may pay an addi-
tional monthly monetary benefit, provided that the covered
employee is receiving benefits under section 8105 or 8106 of
title 5, United States Code, and may determine the amount
of each monthly monetary benefit amount by taking into
account—
(A) the severity of the qualifying injury;
(B) the circumstances by which the covered employee
became injured; and
(C) the seniority of the covered employee, particularly
for purposes of compensating for lost career growth.
(2) M
AXIMUM
.—Notwithstanding chapter 81 of title 5,
United States Code, the total amount of monthly compensation
increased under paragraph (1) may not exceed the monthly
pay of the maximum rate of basic pay for GS–15 of the General
Schedule under section 5332 of such title.
22 USC 2680b.
Deadline.
Time period.
Cost estimate.
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133 STAT. 3080 PUBLIC LAW 116–94—DEC. 20, 2019
(b) C
OSTS FOR
T
REATING
Q
UALIFYING
I
NJURIES
.—The Secretary
of State may pay the costs of or reimburse for diagnosing and
treating—
(1) a qualifying injury of a covered employee for such
costs, that are not otherwise covered by chapter 81 of title
5, United States Code, or other provision of Federal law; or
(2) a covered individual, or a covered dependent, for such
costs that are not otherwise covered by Federal law.
(c) I
NFORMATION
E
XCHANGE
.—To avoid duplicate or otherwise
improper payments under this subsection, the Secretary of Labor
and the Secretary of State shall exchange information about the
amounts paid for treatment of qualifying injuries.
(d) R
EGULATIONS
.—Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall—
(1) prescribe regulations ensuring the fair and equitable
implementation of this section; and
(2) submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House
of Representatives such regulations.
(e) D
EFINITIONS
.—In this section:
(1) C
OVERED DEPENDENT
.—The term ‘‘covered dependent’’
means a family member (as defined by the Secretary of State)
of a employee who, on or after January 1, 2016—
(A) accompanies the employee to an assigned duty
station in a foreign country under chief of mission
authority; and
(B) becomes injured by reason of a qualifying injury.
(2) C
OVERED EMPLOYEE
.—The term ‘‘covered employee’’
means an employee of the Department of State who, on or
after January 1, 2016, becomes injured by reason of a qualifying
injury and was assigned to a duty station in the Republic
of Cuba, the People’s Republic of China, or another foreign
country designated by the Secretary of State pursuant to sub-
section (f).
(3) C
OVERED INDIVIDUAL
.—The term ‘‘covered individual’’
means an individual who, on or after January 1, 2016, becomes
injured by reason of a qualifying injury and is—
(A) detailed to a duty station in the Republic of Cuba,
the People’s Republic of China, or another foreign country
designated by the Secretary of State pursuant to subsection
(f); or
(B) affiliated with the Department of State, as deter-
mined by the Secretary of State.
(4) Q
UALIFYING INJURY
.—The term ‘‘qualifying injury’’
means the following:
(A) With respect to a covered dependent, an injury
incurred—
(i) during a period in which the covered dependent
is accompanying an employee to an assigned duty sta-
tion in the Republic of Cuba, the People’s Republic
of China, or another foreign country designated by
the Secretary of State pursuant to subsection (f);
(ii) in connection with war, insurgency, hostile act,
terrorist activity, or other incident designated by the
Secretary of State; and
(iii) that was not the result of the willful mis-
conduct of the covered dependent.
Deadline.
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133 STAT. 3081 PUBLIC LAW 116–94—DEC. 20, 2019
(B) With respect to a covered employee or a covered
individual, an injury incurred—
(i) during a period of assignment to a duty station
in the Republic of Cuba, the People’s Republic of China,
or another country designated by the Secretary of State
pursuant to subsection (f);
(ii) in connection with war, insurgency, hostile act,
terrorist activity, or other incident designated by the
Secretary of State; and
(iii) that was not the result of the willful mis-
conduct of the covered employee or the covered indi-
vidual.
(f) D
ESIGNATION BY THE
S
ECRETARY OF
S
TATE OF
A
NOTHER
F
OREIGN
C
OUNTRY OR
D
UTY
S
TATION
.—The Secretary of State may
designate another foreign country for the purposes of this section,
provided that the Secretary reports such designation to the Com-
mittee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives, and includes
in such report a rationale for each such designation. The Secretary
of State may not designate an added foreign country or duty station
for purposes of providing additional monetary benefit pursuant
to subsection (a) or (b) for a qualifying injury to covered employees,
covered dependents, or covered individuals under this section unless
the Secretary of State—
(1) provides to the Committees on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives 30 days’ notice of the designation of a par-
ticular additional country or duty station and the rationale
for such addition; and
(2) provides no such additional monetary benefit pursuant
to subsection (a) or (b) to covered employees, covered depend-
ents, or covered individuals for a qualifying injury until the
30-day notice period expires, unless there is written agreement
by both the Chair and Ranking Members of both the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives that there
is no objection to proceeding with provision of such monetary
benefit compensation in less than 30 days.
(g) T
REATMENT OF
A
MOUNTS
.—For purposes of section 104 of
the Internal Revenue Code of 1986, amounts paid pursuant to
this section shall be treated as amounts described in subsection
(a)(5) of such section.
(h) A
PPLICATION
.—
(1) I
N GENERAL
.—This section shall apply with respect to—
(A) payments made to covered employees (as defined
in such section) under section 8105 or 8106 of title 5,
United States Code, beginning on or after January 1, 2016;
and
(B) diagnosis or treatment described in subsection (b)
occurring on or after January 1, 2016.
(2) R
ULE OF CONSTRUCTION
.—Nothing in this section shall
modify or otherwise supersede chapter 81 of title 5, or chapter
11 of title 42 United States Code. Monetary benefits and treat-
ment expenses paid under this section shall not be considered
payments under any workers’ compensation law.
Effective date.
Notification.
Reports.
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133 STAT. 3082 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 902. DECLASSIFICATION OF INFORMATION RELATED TO CERTAIN
ACTIONS BY SAUDI ARABIAN OFFICIALS.
Not later than 30 days after the date of the enactment of
this Act, the Director of the Federal Bureau of Investigation, in
coordination with the Director of National Intelligence, shall declas-
sify, with any redactions necessary to protect intelligence sources
and methods, any and all information related to whether the
Government of Saudi Arabia materially assisted or facilitated any
citizen or national of Saudi Arabia in departing from the United
States while the citizen or national was awaiting trial or sentencing
for a criminal offense committed in the United States.
SEC. 903. PROMOTING SECURITY AND JUSTICE FOR VICTIMS OF TER-
RORISM.
(a) S
HORT
T
ITLE
.—This section may be cited as the Promoting
Security and Justice for Victims of Terrorism Act of 2019.
(b) F
ACILITATION OF THE
S
ETTLEMENT OF
T
ERRORISM
-
RELATED
C
LAIMS OF
N
ATIONALS OF THE
U
NITED
S
TATES
.—
(1) C
OMPREHENSIVE PROCESS TO FACILITATE THE RESOLU
-
TION OF ANTI
-
TERRORISM ACT CLAIMS
.—The Secretary of State,
in consultation with the Attorney General, shall, not later
than 30 days after the date of enactment of this Act, develop
and initiate a comprehensive process for the Department of
State to facilitate the resolution and settlement of covered
claims.
(2) E
LEMENTS OF COMPREHENSIVE PROCESS
.—The com-
prehensive process developed under paragraph (1) shall include,
at a minimum, the following:
(A) Not later than 45 days after the date of enactment
of this Act, the Department of State shall publish a notice
in the Federal Register identifying the method by which
a national of the United States, or a representative of
a national of the United States, who has a covered claim,
may contact the Department of State to give notice of
the covered claim.
(B) Not later than 120 days after the date of enactment
of this Act, the Secretary of State, or a designee of the
Secretary, shall meet (and make every effort to continue
to meet on a regular basis thereafter) with any national
of the United States, or a representative of a national
of the United States, who has a covered claim and has
informed the Department of State of the covered claim
using the method established pursuant to subparagraph
(A) to discuss the status of the covered claim, including
the status of any settlement discussions with the Pales-
tinian Authority or the Palestine Liberation Organization.
(C) Not later than 180 days after the date of enactment
of this Act, the Secretary of State, or a designee of the
Secretary, shall make every effort to meet (and make every
effort to continue to meet on a regular basis thereafter)
with representatives of the Palestinian Authority and the
Palestine Liberation Organization to discuss the covered
claims identified pursuant to subparagraph (A) and poten-
tial settlement of the covered claims.
(3) R
EPORT TO CONGRESS
.—The Secretary of State shall,
not later than 240 days after the date of enactment of this
Time period.
Federal Register,
publication.
Notice.
Consultation.
Promoting
Security and
Justice for
Victims of
Terrorism Act
of 2019.
18 USC 2333
note.
Deadlines.
Deadline.
Coordination.
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133 STAT. 3083 PUBLIC LAW 116–94—DEC. 20, 2019
Act, and annually thereafter for 5 years, submit to the Com-
mittee on the Judiciary and the Committee on Foreign Relations
of the Senate and the Committee on the Judiciary and the
Committee on Foreign Affairs of the House of Representatives
a report describing activities that the Department of State
has undertaken to comply with this subsection, including spe-
cific updates regarding subparagraphs (B) and (C) of paragraph
(2).
(4) S
ENSE OF CONGRESS
.—It is the sense of Congress that—
(A) covered claims should be resolved in a manner
that provides just compensation to the victims;
(B) covered claims should be resolved and settled in
favor of the victim to the fullest extent possible and without
subjecting victims to unnecessary or protracted litigation;
(C) the United States Government should take all prac-
ticable steps to facilitate the resolution and settlement
of all covered claims, including engaging directly with the
victims or their representatives and the Palestinian
Authority and the Palestine Liberation Organization; and
(D) the United States Government should strongly urge
the Palestinian Authority and the Palestine Liberation
Organization to commit to good-faith negotiations to resolve
and settle all covered claims.
(5) D
EFINITION
.—In this subsection, the term ‘‘covered
claim’’ means any pending action by, or final judgment in
favor of, a national of the United States, or any action by
a national of the United States dismissed for lack of personal
jurisdiction, under section 2333 of title 18, United States Code,
against the Palestinian Authority or the Palestine Liberation
Organization.
(c) J
URISDICTIONAL
A
MENDMENTS TO
F
ACILITATE
R
ESOLUTION
OF
T
ERRORISM
-
RELATED
C
LAIMS OF
N
ATIONALS OF THE
U
NITED
S
TATES
.—
(1) I
N GENERAL
.—Section 2334(e) of title 18, United States
Code, is amended—
(A) by striking paragraph (1) and inserting the fol-
lowing:
‘‘(1) I
N GENERAL
.—Except as provided in paragraph (2),
for purposes of any civil action under section 2333 of this
title, a defendant shall be deemed to have consented to personal
jurisdiction in such civil action if, regardless of the date of
the occurrence of the act of international terrorism upon which
such civil action was filed, the defendant—
‘‘(A) after the date that is 120 days after the date
of the enactment of the Promoting Security and Justice
for Victims of Terrorism Act of 2019, makes any payment,
directly or indirectly—
‘‘(i) to any payee designated by any individual
who, after being fairly tried or pleading guilty, has
been imprisoned for committing any act of terrorism
that injured or killed a national of the United States,
if such payment is made by reason of such imprison-
ment; or
‘‘(ii) to any family member of any individual, fol-
lowing such individual’s death while committing an
act of terrorism that injured or killed a national of
Time periods.
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133 STAT. 3084 PUBLIC LAW 116–94—DEC. 20, 2019
the United States, if such payment is made by reason
of the death of such individual; or
‘‘(B) after 15 days after the date of enactment of the
Promoting Security and Justice for Victims of Terrorism
Act of 2019—
‘‘(i) continues to maintain any office, headquarters,
premises, or other facilities or establishments in the
United States;
‘‘(ii) establishes or procures any office, head-
quarters, premises, or other facilities or establishments
in the United States; or
‘‘(iii) conducts any activity while physically present
in the United States on behalf of the Palestine Libera-
tion Organization or the Palestinian Authority.’’;
(B) in paragraph (2), by adding at the end the following:
‘‘Except with respect to payments described in paragraph
(1)(A), no court may consider the receipt of any assistance
by a nongovernmental organization, whether direct or
indirect, as a basis for consent to jurisdiction by a defend-
ant.’’; and
(C) by adding at the end the following:
‘‘(3) E
XCEPTION FOR CERTAIN ACTIVITIES AND LOCATIONS
.—
In determining whether a defendant shall be deemed to have
consented to personal jurisdiction under paragraph (1)(B), no
court may consider—
‘‘(A) any office, headquarters, premises, or other facility
or establishment used exclusively for the purpose of con-
ducting official business of the United Nations;
‘‘(B) any activity undertaken exclusively for the pur-
pose of conducting official business of the United Nations;
‘‘(C) any activity involving officials of the United States
that the Secretary of State determines is in the national
interest of the United States if the Secretary reports to
the appropriate congressional committees annually on the
use of the authority under this subparagraph;
‘‘(D) any activity undertaken exclusively for the pur-
pose of meetings with officials of the United States or
other foreign governments, or participation in training and
related activities funded or arranged by the United States
Government;
‘‘(E) any activity related to legal representation—
‘‘(i) for matters related to activities described in
this paragraph;
‘‘(ii) for the purpose of adjudicating or resolving
claims filed in courts of the United States; or
‘‘(iii) to comply with this subsection; or
‘‘(F) any personal or official activities conducted
ancillary to activities listed under this paragraph.
‘‘(4) R
ULE OF CONSTRUCTION
.—Notwithstanding any other
law (including any treaty), any office, headquarters, premises,
or other facility or establishment within the territory of the
United States that is not specifically exempted by paragraph
(3)(A) shall be considered to be in the United States for purposes
of paragraph (1)(B).
‘‘(5) D
EFINED TERM
.—In this subsection, the term ‘defend-
ant’ means—
‘‘(A) the Palestinian Authority;
Determination.
Reports.
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133 STAT. 3085 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(B) the Palestine Liberation Organization;
‘‘(C) any organization or other entity that is a successor
to or affiliated with the Palestinian Authority or the Pal-
estine Liberation Organization; or
‘‘(D) any organization or other entity that—
‘‘(i) is identified in subparagraph (A), (B), or (C);
and
‘‘(ii) self identifies as, holds itself out to be, or
carries out conduct in the name of, the ‘State of Pal-
estine’ or ‘Palestine’ in connection with official business
of the United Nations.’’.
(2) P
RIOR CONSENT NOT ABROGATED
.—The amendments
made by this subsection shall not abrogate any consent deemed
to have been given under section 2334(e) of title 18, United
States Code, as in effect on the day before the date of enactment
of this Act.
(d) R
ULES OF
C
ONSTRUCTION
; A
PPLICABILITY
; S
EVERABILITY
.—
(1) R
ULES OF CONSTRUCTION
.—
(A) I
N GENERAL
.—This section, and the amendments
made by this section, should be liberally construed to carry
out the purposes of Congress to provide relief for victims
of terrorism.
(B) C
ASES AGAINST OTHER PERSONS
.—Nothing in this
section may be construed to affect any law or authority,
as in effect on the day before the date of enactment of
this Act, relating to a case brought under section 2333(a)
of title 18, United States Code, against a person who is
not a defendant, as defined in paragraph (5) of section
2334(e) of title 18, United States Code, as added by sub-
section (c)(1) of this section.
(2) A
PPLICABILITY
.—This section, and the amendments
made by this section, shall apply to any case pending on or
after August 30, 2016.
(3) S
EVERABILITY
.—If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this section, the amend-
ments made by this section, and the application of such provi-
sions to any person or circumstance shall not be affected
thereby.
SEC. 904. DEBT RELIEF FOR SOMALIA.
(a) D
EBT
R
ELIEF
.—(1) Of the funds appropriated under titles
III and IV of division G of this Act and under such titles in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, not to exceed $35,000,000
may be transferred to the ‘‘Department of the Treasury, Debt
Restructuring’’ account for the same purposes and under the same
authorities and conditions (other than the period of availability)
as other funds provided under that heading for the cost, as defined
in section 502 of the Congressional Budget Act of 1974, of modifying
loans and loan guarantees, as the President may determine, or
for the cost of selling, reducing, or cancelling amounts owed to
the United States as a result of loans made to Somalia, in the
event that Somalia meets the domestic and internationally-agreed
conditions and the transfer is consistent with United States law
and foreign policy considerations.
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133 STAT. 3086 PUBLIC LAW 116–94—DEC. 20, 2019
(2) For the purposes of this section, no amounts may be trans-
ferred from amounts designated for Overseas Contingency Oper-
ations/Global War on Terrorism or as emergency requirements
pursuant to a concurrent resolution on the budget or section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
(3) Prior to the initial obligation of funds made available pursu-
ant to this section, the Secretary of State shall submit to the
appropriate congressional committees a report on the outcome of
the Paris Club meeting on debt cancellation for Somalia, the esti-
mate of amounts needed and over what time period, and the pro-
posed sources of funds to be transferred pursuant to this section:
Provided, That such funds shall also be subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of such committees.
(b) D
EBT
R
ESTRUCTURING
.—Section 501(i) of title V of H.R.
3425, as enacted into law by section 1000(a)(5) of Public Law
106–113 (113 Stat. 1501A–313), as most recently amended by sec-
tion 699H(b)(1) of division J of the Consolidated Appropriations
Act, 2008 (Public Law 110–161; 121 Stat. 2372), is further amended
by striking ‘‘2000–2010’’ and inserting ‘‘2000–2021’’.
(c) A
PPROPRIATE
C
ONGRESSIONAL
C
OMMITTEES
D
EFINED
.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Relations and the Committee
on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee
on Appropriations of the House of Representatives.
DIVISION K—NATIONAL LAW ENFORCE-
MENT MUSEUM COMMEMORATIVE
COIN
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘National Law Enforcement
Museum Commemorative Coin Act’’.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) In 2000, Congress passed and President William J.
Clinton signed into law the National Law Enforcement Museum
Act (Public Law 106–492), which authorized the National Law
Enforcement Officers Memorial Fund, Inc., to build the National
Law Enforcement Museum on Federal land in the District
of Columbia to honor and commemorate the service and sac-
rifice of law enforcement officers in the United States.
(2) In April 2016, construction began on the National Law
Enforcement Museum in the District of Columbia across the
street from the National Law Enforcement Officers Memorial
in Judiciary Square.
(3) The National Law Enforcement Museum formally
opened in October of 2018.
(4) The National Law Enforcement Museum’s mission is—
(A) to honor and commemorate the extraordinary
service and sacrifice of America’s law enforcement officers;
National Law
Enforcement
Museum
Commemorative
Coin Act.
31 USC 5112
note.
22 USC 2359a
note.
Consultation.
Reports.
Estimate.
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133 STAT. 3087 PUBLIC LAW 116–94—DEC. 20, 2019
(B) to serve as an important bridge between law
enforcement’s past and present, between the heroes of
yesteryear and those who have followed in their footsteps,
and between America’s peace officers and the public they
serve;
(C) increase public understanding and support for law
enforcement and to promote law enforcement safety; and
(D) strengthen the relationship between law enforce-
ment and the communities they serve with thought-pro-
voking programs at the Museum and around the country
that promote dialogue on topics of current interest.
SEC. 103. COIN SPECIFICATIONS.
(a) D
ENOMINATIONS
.—The Secretary of the Treasury (hereafter
in this Act referred to as the ‘‘Secretary’’) shall mint and issue
the following coin:
(1) $5
GOLD COINS
.—Not more than 50,000 $5 coins, which
shall—
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain not less than 90 percent gold.
(2) $1
SILVER COINS
.—Not more than 400,000 $1 coins,
which shall—
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(3) H
ALF
-
DOLLAR CLAD COINS
.—Not more than 750,000 half-
dollar coins which shall—
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar coins
contained in section 5112(b) of title 31, United States Code.
(b) L
EGAL
T
ENDER
.—The coins minted under this Act shall
be legal tender, as provided in section 5103 of title 31, United
States Code.
(c) N
UMISMATIC
I
TEMS
.—For purposes of section 5134 of title
31, United States Code, all coins minted under this Act shall
be considered to be numismatic items.
SEC. 104. DESIGN OF COINS.
(a) D
ESIGN
R
EQUIREMENTS
.—
(1) I
N GENERAL
.—The design of the coins minted under
this Act shall be emblematic of the National Law Enforcement
Museum and the service and sacrifice of law enforcement offi-
cers throughout the history of the United States.
(2) D
ESIGNATION AND INSCRIPTIONS
.—On each coin minted
under this Act there shall be—
(A) a designation of the value of the coin;
(B) an inscription of the year ‘‘2021’’; and
(C) inscriptions of the words ‘‘Liberty’’, ‘‘In God We
Trust’’, ‘‘United States of America’’, and ‘‘E Pluribus
Unum’’.
(b) S
ELECTION
.—The design for the coins minted under this
Act shall be—
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the National Law Enforcement
Officers Memorial Fund, Inc.; and
(2) reviewed by the Citizens Coinage Advisory Committee.
Review.
Consultation.
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133 STAT. 3088 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 105. ISSUANCE OF COINS.
(a) Q
UALITY OF
C
OINS
.—Coins minted under this Act shall
be issued in uncirculated and proof qualities.
(b) M
INT
F
ACILITIES
.—Only one facility of the United States
Mint may be used to strike any particular quality of the coins
minted under this Act.
(c) P
ERIOD FOR
I
SSUANCE
.—The Secretary may issue coins
minted under this Act only during the 1-year period beginning
on January 1, 2021.
SEC. 106. SALE OF COINS.
(a) S
ALE
P
RICE
.—The coins issued under this Act shall be
sold by the Secretary at a price equal to the sum of—
(1) the face value of the coins;
(2) the surcharge provided in section 107(a) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) B
ULK
S
ALES
.—The Secretary shall make bulk sales of the
coins issued under this Act at a reasonable discount.
(c) P
REPAID
O
RDERS
.—
(1) I
N GENERAL
.—The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of
such coins.
(2) D
ISCOUNT
.—Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 107. SURCHARGES.
(a) I
N
G
ENERAL
.—All sales of coins issued under this Act shall
include a surcharge of—
(1) $35 per coin for the $5 coin;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half-dollar coin.
(b) D
ISTRIBUTION
.—Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from
the sale of coins issued under this Act shall be promptly paid
by the Secretary to the National Law Enforcement Officers Memo-
rial Fund, Inc., for educational and outreach programs and exhibits.
(c) A
UDITS
.—The National Law Enforcement Officers Memorial
Fund, Inc., shall be subject to the audit requirements of section
5134(f)(2) of title 31, United States Code, with regard to the
amounts received under subsection (b).
(d) L
IMITATION
.—Notwithstanding subsection (a), no surcharge
may be included with respect to the issuance under this Act of
any coin during a calendar year if, as of the time of such issuance,
the issuance of such coin would result in the number of commemora-
tive coin programs issued during such year to exceed the annual
two commemorative coin program issuance limitation under section
5112(m)(1) of title 31, United States Code (as in effect on the
date of the enactment of this Act). The Secretary of the Treasury
may issue guidance to carry out this subsection.
SEC. 108. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary
to ensure that—
(1) minting and issuing coins under this Act will not result
in any net cost to the United States Government; and
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133 STAT. 3089 PUBLIC LAW 116–94—DEC. 20, 2019
(2) no funds, including applicable surcharges, are disbursed
to any recipient designated in section 107 until the total cost
of designing and issuing all of the coins authorized by this
Act (including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f)
of title 31, United States Code.
DIVISION L—DHS CYBER HUNT AND
INCIDENT RESPONSE TEAMS
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘DHS Cyber Hunt and
Incident Response Teams Act of 2019’’.
SEC. 102. DEPARTMENT OF HOMELAND SECURITY CYBER HUNT AND
INCIDENT RESPONSE TEAMS.
(a) I
N
G
ENERAL
.—Section 2209 of the Homeland Security Act
of 2002 (6 U.S.C. 659) is amended—
(1) in subsection (d)(1)(B)(iv), by inserting ‘‘, including
cybersecurity specialists’’ after ‘‘entities’’;
(2) by redesignating subsections (f) through (m) as sub-
sections (g) through (n), respectively;
(3) by inserting after subsection (e) the following:
‘‘(f) C
YBER
H
UNT AND
I
NCIDENT
R
ESPONSE
T
EAMS
.—
‘‘(1) I
N GENERAL
.—The Center shall maintain cyber hunt
and incident response teams for the purpose of leading Federal
asset response activities and providing timely technical assist-
ance to Federal and non-Federal entities, including across all
critical infrastructure sectors, regarding actual or potential
security incidents, as appropriate and upon request, including—
‘‘(A) assistance to asset owners and operators in
restoring services following a cyber incident;
‘‘(B) identification and analysis of cybersecurity risk
and unauthorized cyber activity;
‘‘(C) mitigation strategies to prevent, deter, and protect
against cybersecurity risks;
‘‘(D) recommendations to asset owners and operators
for improving overall network and control systems security
to lower cybersecurity risks, and other recommendations,
as appropriate; and
‘‘(E) such other capabilities as the Secretary determines
appropriate.
‘‘(2) A
SSOCIATED METRICS
.—The Center shall—
‘‘(A) define the goals and desired outcomes for each
cyber hunt and incident response team; and
‘‘(B) develop metrics—
‘‘(i) to measure the effectiveness and efficiency of
each cyber hunt and incident response team in
achieving the goals and desired outcomes defined under
subparagraph (A); and
‘‘(ii) that—
‘‘(I) are quantifiable and actionable; and
‘‘(II) the Center shall use to improve the
effectiveness and accountability of, and service
6 USC 101 note.
DHS Cyber Hunt
and Incident
Response Teams
Act of 2019.
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133 STAT. 3090 PUBLIC LAW 116–94—DEC. 20, 2019
delivery by, cyber hunt and incident response
teams.
‘‘(3) C
YBERSECURITY SPECIALISTS
.—After notice to, and with
the approval of, the entity requesting action by or technical
assistance from the Center, the Secretary may include cyberse-
curity specialists from the private sector on a cyber hunt and
incident response team.’’; and
(4) in subsection (g), as so redesignated—
(A) in paragraph (1), by inserting ‘‘, or any team or
activity of the Center,’’ after ‘‘Center’’; and
(B) in paragraph (2), by inserting ‘‘, or any team or
activity of the Center,’’ after ‘‘Center’’.
(b) R
EPORT
.—
(1) D
EFINITIONS
.—In this subsection—
(A) the term ‘‘Center’’ means the national cybersecurity
and communications integration center established under
section 2209(b) of the Homeland Security Act of 2002 (6
U.S.C. 659(b));
(B) the term ‘‘cyber hunt and incident response team’’
means a cyber hunt and incident response team maintained
under section 2209(f) of the Homeland Security Act of
2002 (6 U.S.C. 659(f)), as added by this Act; and
(C) the term ‘‘incident’’ has the meaning given the
term in section 2209(a) of the Homeland Security Act of
2002 (6 U.S.C. 659(a)).
(2) R
EPORT
.—At the conclusion of each of the first 4 fiscal
years after the date of enactment of the DHS Cyber Hunt
and Incident Response Teams Act of 2019, the Center shall
submit to the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report that
includes—
(A) information relating to the metrics used for evalua-
tion and assessment of the cyber hunt and incident
response teams and operations under section 2209(f)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 659(f)(2)),
as added by this Act, including the resources and staffing
of those cyber hunt and incident response teams; and
(B) for the period covered by the report—
(i) the total number of incident response requests
received;
(ii) the number of incident response tickets opened;
and
(iii) a statement of—
(I) all interagency staffing of cyber hunt and
incident response teams; and
(II) the interagency collaborations established
to support cyber hunt and incident response teams.
(c) N
O
A
DDITIONAL
F
UNDS
A
UTHORIZED
.—No additional funds
are authorized to be appropriated to carry out the requirements
of this Act and the amendments made by this Act. Such require-
ments shall be carried out using amounts otherwise authorized
to be appropriated.
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133 STAT. 3091 PUBLIC LAW 116–94—DEC. 20, 2019
DIVISION M—BIPARTISAN AMERICAN
MINERS
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Bipartisan American Miners
Act of 2019’’.
SEC. 102. TRANSFERS TO 1974 UMWA PENSION PLAN.
(a) I
N
G
ENERAL
.—Subsection (i) of section 402 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232)
is amended—
(1) in paragraph (3)(A), by striking ‘‘$490,000,000’’ and
inserting ‘‘$750,000,000’’;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
‘‘(4) A
DDITIONAL AMOUNTS
.—
‘‘(A) C
ALCULATION
.—If the dollar limitation specified
in paragraph (3)(A) exceeds the aggregate amount required
to be transferred under paragraphs (1) and (2) for a fiscal
year, the Secretary of the Treasury shall transfer an addi-
tional amount equal to the difference between such dollar
limitation and such aggregate amount to the trustees of
the 1974 UMWA Pension Plan to pay benefits required
under that plan.
‘‘(B) C
ESSATION OF TRANSFERS
.—The transfers
described in subparagraph (A) shall cease as of the first
fiscal year beginning after the first plan year for which
the funded percentage (as defined in section 432(j)(2) of
the Internal Revenue Code of 1986) of the 1974 UMWA
Pension Plan is at least 100 percent.
‘‘(C) P
ROHIBITION ON BENEFIT INCREASES
,
ETC
.—During
a fiscal year in which the 1974 UMWA Pension Plan is
receiving transfers under subparagraph (A), no amendment
of such plan which increases the liabilities of the plan
by reason of any increase in benefits, any change in the
accrual of benefits, or any change in the rate at which
benefits become nonforfeitable under the plan may be
adopted unless the amendment is required as a condition
of qualification under part I of subchapter D of chapter
1 of the Internal Revenue Code of 1986.
‘‘(D) C
RITICAL STATUS TO BE MAINTAINED
.—Until such
time as the 1974 UMWA Pension Plan ceases to be eligible
for the transfers described in subparagraph (A)—
‘‘(i) the Plan shall be treated as if it were in
critical status for purposes of sections 412(b)(3),
432(e)(3), and 4971(g)(1)(A) of the Internal Revenue
Code of 1986 and sections 302(b)(3) and 305(e)(3) of
the Employee Retirement Income Security Act;
‘‘(ii) the Plan shall maintain and comply with its
rehabilitation plan under section 432(e) of such Code
and section 305(e) of such Act, including any updates
thereto; and
‘‘(iii) the provisions of subsections (c) and (d) of
section 432 of such Code and subsections (c) and (d)
of section 305 of such Act shall not apply.
30 USC 1201
note.
Bipartisan
American Miners
Act of 2019.
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133 STAT. 3092 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(E) T
REATMENT OF TRANSFERS FOR PURPOSES OF WITH
-
DRAWAL LIABILITY UNDER ERISA
.—The amount of any
transfer made under subparagraph (A) (and any earnings
attributable thereto) shall be disregarded in determining
the unfunded vested benefits of the 1974 UMWA Pension
Plan and the allocation of such unfunded vested benefits
to an employer for purposes of determining the employer’s
withdrawal liability under section 4201 of the Employee
Retirement Income Security Act of 1974.
‘‘(F) R
EQUIREMENT TO MAINTAIN CONTRIBUTION RATE
.—
A transfer under subparagraph (A) shall not be made for
a fiscal year unless the persons that are obligated to con-
tribute to the 1974 UMWA Pension Plan on the date of
the transfer are obligated to make the contributions at
rates that are no less than those in effect on the date
which is 30 days before the date of enactment of the Bipar-
tisan American Miners Act of 2019.
‘‘(G) E
NHANCED ANNUAL REPORTING
.—
‘‘(i) I
N GENERAL
.—Not later than the 90th day
of each plan year beginning after the date of enactment
of the Bipartisan American Miners Act of 2019, the
trustees of the 1974 UMWA Pension Plan shall file
with the Secretary of the Treasury or the Secretary’s
delegate and the Pension Benefit Guaranty Corpora-
tion a report (including appropriate documentation and
actuarial certifications from the plan actuary, as
required by the Secretary of the Treasury or the Sec-
retary’s delegate) that contains—
‘‘(I) whether the plan is in endangered or crit-
ical status under section 305 of the Employee
Retirement Income Security Act of 1974 and sec-
tion 432 of the Internal Revenue Code of 1986
as of the first day of such plan year;
‘‘(II) the funded percentage (as defined in sec-
tion 432(j)(2) of such Code) as of the first day
of such plan year, and the underlying actuarial
value of assets and liabilities taken into account
in determining such percentage;
‘‘(III) the market value of the assets of the
plan as of the last day of the plan year preceding
such plan year;
‘‘(IV) the total value of all contributions made
during the plan year preceding such plan year;
‘‘(V) the total value of all benefits paid during
the plan year preceding such plan year;
‘‘(VI) cash flow projections for such plan year
and either the 6 or 10 succeeding plan years, at
the election of the trustees, and the assumptions
relied upon in making such projections;
‘‘(VII) funding standard account projections for
such plan year and the 9 succeeding plan years,
and the assumptions relied upon in making such
projections;
‘‘(VIII) the total value of all investment gains
or losses during the plan year preceding such plan
year;
Effective date.
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133 STAT. 3093 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(IX) any significant reduction in the number
of active participants during the plan year pre-
ceding such plan year, and the reason for such
reduction;
‘‘(X) a list of employers that withdrew from
the plan in the plan year preceding such plan
year, and the resulting reduction in contributions;
‘‘(XI) a list of employers that paid withdrawal
liability to the plan during the plan year preceding
such plan year and, for each employer, a total
assessment of the withdrawal liability paid, the
annual payment amount, and the number of years
remaining in the payment schedule with respect
to such withdrawal liability;
‘‘(XII) any material changes to benefits,
accrual rates, or contribution rates during the plan
year preceding such plan year;
‘‘(XIII) any scheduled benefit increase or
decrease in the plan year preceding such plan
year having a material effect on liabilities of the
plan;
‘‘(XIV) details regarding any funding improve-
ment plan or rehabilitation plan and updates to
such plan;
‘‘(XV) the number of participants and bene-
ficiaries during the plan year preceding such plan
year who are active participants, the number of
participants and beneficiaries in pay status, and
the number of terminated vested participants and
beneficiaries;
‘‘(XVI) the information contained on the most
recent annual funding notice submitted by the plan
under section 101(f) of the Employee Retirement
Income Security Act of 1974;
‘‘(XVII) the information contained on the most
recent Department of Labor Form 5500 of the plan;
and
‘‘(XVIII) copies of the plan document and
amendments, other retirement benefit or ancillary
benefit plans relating to the plan and contribution
obligations under such plans, a breakdown of
administrative expenses of the plan, participant
census data and distribution of benefits, the most
recent actuarial valuation report as of the plan
year, copies of collective bargaining agreements,
and financial reports, and such other information
as the Secretary of the Treasury or the Secretary’s
delegate, in consultation with the Secretary of
Labor and the Director of the Pension Benefit
Guaranty Corporation, may require.
‘‘(ii) E
LECTRONIC SUBMISSION
.—The report required
under clause (i) shall be submitted electronically.
‘‘(iii) I
NFORMATION SHARING
.—The Secretary of the
Treasury or the Secretary’s delegate shall share the
information in the report under clause (i) with the
Secretary of Labor.
Consultation.
List.
Assessment.
List.
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133 STAT. 3094 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(iv) P
ENALTY
.—Any failure to file the report
required under clause (i) on or before the date described
in such clause shall be treated as a failure to file
a report required to be filed under section 6058(a)
of the Internal Revenue Code of 1986, except that
section 6652(e) of such Code shall be applied with
respect to any such failure by substituting ‘$100’ for
‘$25’. The preceding sentence shall not apply if the
Secretary of the Treasury or the Secretary’s delegate
determines that reasonable diligence has been exer-
cised by the trustees of such plan in attempting to
timely file such report.
‘‘(H) 1974
UMWA PENSION PLAN DEFINED
.—For purposes
of this paragraph, the term ‘1974 UMWA Pension Plan’
has the meaning given the term in section 9701(a)(3) of
the Internal Revenue Code of 1986, but without regard
to the limitation on participation to individuals who retired
in 1976 and thereafter.’’.
(b) E
FFECTIVE
D
ATES
.—
(1) I
N GENERAL
.—The amendments made by this section
shall apply to fiscal years beginning after September 30, 2016.
(2) R
EPORTING REQUIREMENTS
.—Section 402(i)(4)(G) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(i)(4)(G)), as added by this section, shall apply to plan
years beginning after the date of the enactment of this Act.
SEC. 103. INCLUSION IN MULTIEMPLOYER HEALTH BENEFIT PLAN.
Section 402(h)(2)(C) of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is amended—
(1) by striking ‘‘the Health Benefits for Miners Act of
2017’’ both places it appears in clause (ii) and inserting ‘‘the
Bipartisan American Miners Act of 2019’’;
(2) by striking ‘‘, would be denied or reduced as a result
of a bankruptcy proceeding commenced in 2012 or 2015’’ in
clause (ii)(II) and inserting ‘‘or a related coal wage agreement,
would be denied or reduced as a result of a bankruptcy pro-
ceeding commenced in 2012, 2015, 2018, or 2019’’;
(3) by striking ‘‘and’’ at the end of clause (ii)(I), by striking
the period at the end of clause (ii)(II) and inserting ‘‘; and’’,
and by inserting after clause (ii)(II) the following new subclause:
‘‘(III) the cost of administering the resolution
of disputes process administered (as of the date
of the enactment of the Bipartisan American Min-
ers Act of 2019) by the Trustees of the Plan.’’,
(4) by striking ‘‘January 1, 2017’’ in clause (ii) and inserting
‘‘January 1, 2019’’; and
(5) by adding at the end the following new clause:
‘‘(vi) R
ELATED COAL WAGE AGREEMENT
.—For pur-
poses of clause (ii), the term ‘related coal wage agree-
ment’ means an agreement between the United Mine
Workers of America and an employer in the bituminous
coal industry that—
‘‘(I) is a signatory operator; or
‘‘(II) is or was a debtor in a bankruptcy pro-
ceeding that was consolidated, administratively or
otherwise, with the bankruptcy proceeding of a
Definition.
30 USC 1232
note.
Determination.
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133 STAT. 3095 PUBLIC LAW 116–94—DEC. 20, 2019
signatory operator or a related person to a signa-
tory operator (as those terms are defined in section
9701(c) of the Internal Revenue Code of 1986).’’.
SEC. 104. REDUCTION IN MINIMUM AGE FOR ALLOWABLE IN-SERVICE
DISTRIBUTIONS.
(a) I
N
G
ENERAL
.—Section 401(a)(36) of the Internal Revenue
Code of 1986 is amended by striking ‘‘age 62’’ and inserting ‘‘age
59
1
⁄
2
’’.
(b) A
PPLICATION TO
G
OVERNMENTAL
S
ECTION
457(b) P
LANS
.—
Clause (i) of section 457(d)(1)(A) of the Internal Revenue Code
of 1986 is amended by inserting ‘‘(in the case of a plan maintained
by an employer described in subsection (e)(1)(A), age 59
1
⁄
2
)’’ before
the comma at the end.
(c) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to plan years beginning after December 31, 2019.
DIVISION N—HEALTH AND HUMAN
SERVICES EXTENDERS
TITLE I—HEALTH AND HUMAN
SERVICES EXTENDERS
Subtitle A—Medicare Provisions
Sec. 101. Extension of the work geographic index floor under the Medicare pro-
gram.
Sec. 102. Extension of funding for quality measure endorsement, input, and selec-
tion.
Sec. 103. Extension of funding outreach and assistance for low-income programs.
Sec. 104. Extension of appropriations to the Patient-Centered Outcomes Research
Trust Fund; extension of certain health insurance fees.
Sec. 105. Laboratory Access for Beneficiaries.
Sec. 106. Exclusion of complex rehabilitative manual wheelchairs from medicare
competitive acquisition program; non-application of medicare fee-sched-
ule adjustments for certain wheelchair accessories and cushions.
Sec. 107. Extending pass-through status for certain drugs under part B of the
Medicare program.
Sec. 108. Hematopoietic stem cell acquisition payments.
Subtitle B—Medicaid Provisions
Sec. 201. Extension of Community Mental Health Services demonstration program.
Sec. 202. Medicaid funding for the territories.
Sec. 203. Delay of DSH reductions.
Sec. 204. Extension of spousal impoverishment protections.
Sec. 205. Extension of the Money Follows the Person rebalancing demonstration
program.
Subtitle C—Human Services and Other Health Programs
Sec. 301. Extension of demonstration projects to address health professions work-
force needs.
Sec. 302. Extension of the temporary assistance for needy families program and re-
lated programs.
Sec. 303. Extension of sexual risk avoidance education program.
Sec. 304. Extension of personal responsibility education program.
Subtitle D—Public Health Provisions
Sec. 401. Extension for community health centers, the national health service
corps, and teaching health centers that operate GME programs.
Sec. 402. Diabetes programs.
Sec. 403. Poison Center Network Enhancement.
Sec. 404. Kay Hagan Tick Act.
Subtitle E—Revenue Provisions
Sec. 501. Repeal of medical device excise tax.
26 USC 401 note.
26 USC 401.
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133 STAT. 3096 PUBLIC LAW 116–94—DEC. 20, 2019
Sec. 502. Repeal of annual fee on health insurance providers.
Sec. 503. Repeal of excise tax on high cost employer-sponsored health coverage.
Subtitle F—Miscellaneous Provisions
Sec. 602. Addressing expiration of child welfare demonstration projects and sup-
porting Family First implementation.
Sec. 603 Minimum age of sale of tobacco products.
Sec. 604. Sale of tobacco products to individuals under the age of 21.
Sec. 605. Biological product definition.
Sec. 606. Protecting access to biological products.
Sec. 607. Streamlining the transition of biological products.
Sec. 608. Reenrollment of certain individuals in qualified health plans in certain
Exchanges.
Sec. 609. Protection of silver loading practice.
Sec. 610. Actions for delays of generic drugs and biosimilar biological products.
Subtitle A—Medicare Provisions
SEC. 101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR
UNDER THE MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
1395w–4(e)(1)(E)) is amended by striking ‘‘January 1, 2020’’ and
inserting ‘‘May 23, 2020’’.
SEC. 102. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSE-
MENT, INPUT, AND SELECTION.
(a) I
N
G
ENERAL
.—Section 1890(d)(2) of the Social Security Act
(42 U.S.C. 1395aaa(d)(2)) is amended—
(1) in the first sentence, by striking ‘‘$1,665,000 for the
period beginning on October 1, 2019, and ending on December
20, 2019’’ and inserting ‘‘$4,830,000 for the period beginning
on October 1, 2019, and ending on May 22, 2020’’; and
(2) in the third sentence, by striking ‘‘December 20, 2019,’’
and inserting ‘‘May 22, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendments made by subsection
(a) shall take effect as if included in the enactment of the Further
Continuing Appropriations Act, 2020, and Further Health
Extenders Act of 2019 (Public Law 116–69).
SEC. 103. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR
LOW-INCOME PROGRAMS.
(a) A
DDITIONAL
F
UNDING FOR
S
TATE
H
EALTH
I
NSURANCE
P
RO
-
GRAMS
.—Subsection (a)(1)(B) of section 119 of the Medicare
Improvements for Patients and Providers Act of 2008 (42 U.S.C.
1395b–3 note), as amended by section 3306 of the Patient Protection
and Affordable Care Act (Public Law 111–148), section 610 of the
American Taxpayer Relief Act of 2012 (Public Law 112–240), section
1110 of the Pathway for SGR Reform Act of 2013 (Public Law
113–67), section 110 of the Protecting Access to Medicare Act of
2014 (Public Law 113–93), section 208 of the Medicare Access
and CHIP Reauthorization Act of 2015 (Public Law 114–10), section
50207 of division E of the Bipartisan Budget Act of 2018 (Public
Law 115–123), section 1402 of the Continuing Appropriations Act,
2020, and Health Extenders Act of 2019 (Public Law 116–59),
and section 1402 of the Further Continuing Appropriations Act,
2020, and Further Health Extenders Act of 2019 (Public Law 116–
69), is amended—
(1) in clause (x), by striking ‘‘and’’ at the end;
(2) in clause (xi), by striking the period at the end and
inserting ‘‘; and’’; and
Time period.
42 USC 1395aaa
note.
Time period.
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133 STAT. 3097 PUBLIC LAW 116–94—DEC. 20, 2019
(3) by inserting after clause (xi) the following new clause:
‘‘(xii) for the period beginning on December 21,
2019, and ending on May 22, 2020, of $5,485,000.’’.
(b) A
DDITIONAL
F
UNDING FOR
A
REA
A
GENCIES ON
A
GING
.—
Subsection (b)(1)(B) of such section 119, as so amended, is
amended—
(1) in clause (x), by striking ‘‘and’’ at the end;
(2) in clause (xi), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by inserting after clause (xi) the following new clause:
‘‘(xii) for the period beginning on December 21,
2019, and ending on May 22, 2020, of $3,165,000.’’.
(c) A
DDITIONAL
F
UNDING FOR
A
GING AND
D
ISABILITY
R
ESOURCE
C
ENTERS
.—Subsection (c)(1)(B) of such section 119, as so amended,
is amended—
(1) in clause (x), by striking ‘‘and’’ at the end;
(2) in clause (xi), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by inserting after clause (xi) the following new clause:
‘‘(xii) for the period beginning on December 21,
2019, and ending on May 22, 2020, of $2,110,000.’’.
(d) A
DDITIONAL
F
UNDING FOR
C
ONTRACT
W
ITH THE
N
ATIONAL
C
ENTER FOR
B
ENEFITS AND
O
UTREACH
E
NROLLMENT
.—Subsection
(d)(2) of such section 119, as so amended, is amended—
(1) in clause (x), by striking ‘‘and’’ at the end;
(2) in clause (xi), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by inserting after clause (xi) the following new clause:
‘‘(xii) for the period beginning on December 21,
2019, and ending on May 22, 2020, of $5,063,000.’’.
SEC. 104. EXTENSION OF APPROPRIATIONS TO THE PATIENT-CEN-
TERED OUTCOMES RESEARCH TRUST FUND; EXTENSION
OF CERTAIN HEALTH INSURANCE FEES.
(a) I
N
G
ENERAL
.—Section 9511 of the Internal Revenue Code
of 1986 is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) by inserting after subparagraph (E) the fol-
lowing new subparagraph:
‘‘(F) For each of fiscal years 2020 through 2029—
‘‘(i) an amount equivalent to the net revenues
received in the Treasury from the fees imposed under
subchapter B of chapter 34 (relating to fees on health
insurance and self-insured plans) for such fiscal year;
and
‘‘(ii) the applicable amount (as defined in para-
graph (4)) for the fiscal year.’’; and
(ii) by striking ‘‘and (E)(ii)’’ in the last sentence
and inserting ‘‘(E)(ii), and (F)(ii)’’; and
(B) by adding at the end the following new paragraph:
‘‘(4) A
PPLICABLE AMOUNT DEFINED
.—In paragraph (1)(F)(ii),
the term ‘applicable amount’ means—
‘‘(A) for fiscal year 2020, $275,500,000;
‘‘(B) for fiscal year 2021, $285,000,000;
‘‘(C) for fiscal year 2022, $293,500,000;
‘‘(D) for fiscal year 2023, $311,500,000;
26 USC 9511.
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133 STAT. 3098 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(E) for fiscal year 2024, $320,000,000;
‘‘(F) for fiscal year 2025, $338,000,000;
‘‘(G) for fiscal year 2026, $355,500,000;
‘‘(H) for fiscal year 2027, $363,500,000;
‘‘(I) for fiscal year 2028, $381,000,000; and
‘‘(J) for fiscal year 2029, $399,000,000.’’;
(2) in subsection (d)(2)(A), by striking ‘‘2019’’ and inserting
‘‘2029’’; and
(3) in subsection (f), by striking ‘‘December 20, 2019’’ and
inserting ‘‘September 30, 2029’’.
(b) H
EALTH
I
NSURANCE
P
OLICIES
.—Section 4375(e) of the
Internal Revenue Code of 1986 is amended by striking ‘‘2019’’
and inserting ‘‘2029’’.
(c) S
ELF
-
INSURED
H
EALTH
P
LANS
.—Section 4376(e) of the
Internal Revenue Code of 1986 is amended by striking ‘‘2019’’
and inserting ‘‘2029’’.
(d) I
DENTIFICATION OF
R
ESEARCH
P
RIORITIES
.—Subsection
(d)(1)(A) of section 1181 of the Social Security Act (42 U.S.C. 1320e)
is amended by adding at the end the following: ‘‘Such national
priorities shall include research with respect to intellectual and
developmental disabilities and maternal mortality. Such priorities
should reflect a balance between long-term priorities and short-
term priorities, and be responsive to changes in medical evidence
and in health care treatments.’’.
(e) C
ONSIDERATION OF
F
ULL
R
ANGE OF
O
UTCOMES
D
ATA
.—Sub-
section (d)(2) of such section 1181 is amended by adding at the
end the following subparagraph:
‘‘(F) C
ONSIDERATION OF FULL RANGE OF OUTCOMES
DATA
.—Research shall be designed, as appropriate, to take
into account and capture the full range of clinical and
patient-centered outcomes relevant to, and that meet the
needs of, patients, clinicians, purchasers, and policy-makers
in making informed health decisions. In addition to the
relative health outcomes and clinical effectiveness, clinical
and patient-centered outcomes shall include the potential
burdens and economic impacts of the utilization of medical
treatments, items, and services on different stakeholders
and decision-makers respectively. These potential burdens
and economic impacts include medical out-of-pocket costs,
including health plan benefit and formulary design, non-
medical costs to the patient and family, including
caregiving, effects on future costs of care, workplace produc-
tivity and absenteeism, and healthcare utilization.’’.
(f) B
OARD
C
OMPOSITION
.—Subsection (f) of such section 1181
is amended—
(1) in paragraph (1)—
(A) in subparagraph (C)—
(i) in the matter preceding clause (i)—
(I) by striking ‘‘Seventeen’’ and inserting ‘‘At
least nineteen, but no more than twenty-one’’; and
(II) by striking ‘‘, not later than 6 months
after the date of enactment of this section,’’; and
(ii) in clause (iii), by striking ‘‘3’’ and inserting
‘‘at least 3, but no more than 5’’; and
(2) in paragraph (3)—
(A) in the first sentence—
26 USC 4375.
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133 STAT. 3099 PUBLIC LAW 116–94—DEC. 20, 2019
(i) by striking the ‘‘the members’’ and inserting
‘‘members’’; and
(ii) by inserting the following before the period
at the end: ‘‘to the extent necessary to preserve the
evenly staggered terms of the Board.’’; and
(B) by inserting the following after the first sentence:
‘‘Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member’s prede-
cessor was appointed shall be appointed for the remainder
of that term and thereafter may be eligible for reappoint-
ment to a full term. A member may serve after the expira-
tion of that member’s term until a successor has been
appointed.’’.
(g) M
ETHODOLOGY
C
OMMITTEE
A
PPOINTMENTS
.—Such section
1181 is amended—
(1) in subsection (d)(6)(B), by striking ‘‘Comptroller General
of the United States’’ and inserting ‘‘Board’’; and
(2) in subsection (h)(4)—
(A) in subparagraph (A)(ii), by striking ‘‘Comptroller
General’’ and inserting ‘‘Board’’; and
(B) in the first sentence of subparagraph (B), by
striking ‘‘and of the Government Accountability Office’’.
(h) R
EPORTS BY THE
C
OMPTROLLER
G
ENERAL OF THE
U
NITED
S
TATES
.—Subsection (g)(2)(A) of such section 1181 is amended—
(1) by striking clause (iv) and inserting the following:
‘‘(iv) Not less frequently than every 5 years, the
overall effectiveness of activities conducted under this
section and the dissemination, training, and capacity
building activities conducted under section 937 of the
Public Health Service Act. Such review shall include
the following:
‘‘(I) A description of those activities and the
financial commitments related to research,
training, data capacity building, and dissemination
and uptake of research findings.
‘‘(II) The extent to which the Institute and
the Agency for Healthcare Research and Quality
have collaborated with stakeholders, including pro-
vider and payer organizations, to facilitate the
dissemination and uptake of research findings.
‘‘(III) An analysis of available data and
performance metrics, such as the estimated public
availability and dissemination of research findings
and uptake and utilization of research findings
in clinical guidelines and decision support tools,
on the extent to which such research findings are
used by health care decision-makers, the effect
of the dissemination of such findings on changes
in medical practice and reducing practice variation
and disparities in health care, and the effect of
the research conducted and disseminated on
innovation and the health care economy of the
United States.’’; and
(2) by adding at the end the following new clause:
‘‘(vi) Not less frequently than every 5 years, any
barriers that researchers funded by the Institute have
encountered in conducting studies or clinical trials,
Time period.
Analysis.
Review.
Time period.
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133 STAT. 3100 PUBLIC LAW 116–94—DEC. 20, 2019
including challenges covering the cost of any medical
treatments, services, and items described in subsection
(a)(2)(B) for purposes of the research study.’’.
SEC. 105. LABORATORY ACCESS FOR BENEFICIARIES.
(a) A
MENDMENTS
R
ELATING TO
R
EPORTING
R
EQUIREMENTS
W
ITH
R
ESPECT TO
C
LINICAL
D
IAGNOSTIC
L
ABORATORY
T
ESTS
.—
(1) R
EVISED REPORTING PERIOD FOR REPORTING OF PRIVATE
SECTOR PAYMENT RATES FOR ESTABLISHMENT OF MEDICARE PAY
-
MENT RATES
.—Section 1834A(a) of the Social Security Act (42
U.S.C. 1395m–1(a)) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘Beginning January 1, 2016’’ and
inserting the following:
‘‘(A) G
ENERAL REPORTING REQUIREMENTS
.—Subject to
subparagraph (B), beginning January 1, 2016’’;
(ii) in subparagraph (A), as added by subparagraph
(A) of this paragraph, by inserting ‘‘(referred to in
this subsection as the ‘reporting period’)’’ after ‘‘at a
time specified by the Secretary’’; and
(iii) by adding at the end the following:
‘‘(B) R
EVISED REPORTING PERIOD
.—In the case of
reporting with respect to clinical diagnostic laboratory tests
that are not advanced diagnostic laboratory tests, the Sec-
retary shall revise the reporting period under subparagraph
(A) such that—
‘‘(i) no reporting is required during the period
beginning January 1, 2020, and ending December 31,
2020;
‘‘(ii) reporting is required during the period begin-
ning January 1, 2021, and ending March 31, 2021;
and
‘‘(iii) reporting is required every three years after
the period described in clause (ii).’’; and
(B) in paragraph (4)—
(i) by striking ‘‘In this section’’ and inserting the
following:
‘‘(A) I
N GENERAL
.—Subject to subparagraph (B), in this
section’’; and
(ii) by adding at the end the following:
‘‘(B) E
XCEPTION
.—In the case of the reporting period
described in paragraph (1)(B)(ii) with respect to clinical
diagnostic laboratory tests that are not advanced diagnostic
laboratory tests, the term ‘data collection period’ means
the period beginning January 1, 2019, and ending June
30, 2019.’’.
(2) C
ORRECTIONS RELATING TO PHASE
-
IN OF REDUCTIONS
FROM PRIVATE PAYOR RATE IMPLEMENTATION
.—Section
1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m–1(b)(3))
is amended—
(A) in subparagraph (A), by striking ‘‘through 2022’’
and inserting ‘‘through 2023’’; and
(B) in subparagraph (B)—
(i) in clause (i), by striking ‘‘through 2019’’ and
inserting ‘‘through 2020’’; and
(ii) in clause (ii), by striking ‘‘2020 through 2022’’
and inserting ‘‘2021 through 2023’’.
Definition.
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133 STAT. 3101 PUBLIC LAW 116–94—DEC. 20, 2019
(b) S
TUDY AND
R
EPORT BY
M
ED
PAC.—
(1) I
N GENERAL
.—The Medicare Payment Advisory Commis-
sion (in this subsection referred to as the ‘‘Commission’’) shall
conduct a study to review the methodology the Administrator
of the Centers for Medicare & Medicaid Services has imple-
mented for the private payor rate-based clinical laboratory fee
schedule under the Medicare program under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.).
(2) S
COPE OF STUDY
.—In carrying out the study described
in paragraph (1), the Commission shall consider the following:
(A) How best to implement the least burdensome data
collection process required under section 1834A(a)(1) of
such Act (42 U.S.C. 1395m–1(a)(1)) that would—
(i) result in a representative and statistically valid
data sample of private market rates from all laboratory
market segments, including hospital outreach labora-
tories, physician office laboratories, and independent
laboratories; and
(ii) consider the variability of private payor pay-
ment rates across market segments.
(B) Appropriate statistical methods for estimating rates
that are representative of the market.
(3) R
EPORT TO CONGRESS
.—Not later than 18 months after
the date of the enactment of this Act, the Commission shall
submit to the Administrator, the Committee on Finance of
the Senate, and the Committees on Ways and Means and
Energy and Commerce of the House of Representatives a report
that includes—
(A) conclusions about the methodology described in
paragraph (1); and
(B) any recommendations the Commission deems
appropriate.
SEC. 106. EXCLUSION OF COMPLEX REHABILITATIVE MANUAL WHEEL-
CHAIRS FROM MEDICARE COMPETITIVE ACQUISITION
PROGRAM; NON-APPLICATION OF MEDICARE FEE-
SCHEDULE ADJUSTMENTS FOR CERTAIN WHEELCHAIR
ACCESSORIES AND CUSHIONS.
(a) E
XCLUSION OF
C
OMPLEX
R
EHABILITATIVE
M
ANUAL
W
HEEL
-
CHAIRS
F
ROM
C
OMPETITIVE
A
CQUISITION
P
ROGRAM
.—Section
1847(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w–3(a)(2)(A))
is amended—
(1) by inserting ‘‘, complex rehabilitative manual wheel-
chairs (as determined by the Secretary), and certain manual
wheelchairs (identified, as of October 1, 2018, by HCPCS codes
E1235, E1236, E1237, E1238, and K0008 or any successor
to such codes)’’ after ‘‘group 3 or higher’’; and
(2) by striking ‘‘such wheelchairs’’ and inserting ‘‘such com-
plex rehabilitative power wheelchairs, complex rehabilitative
manual wheelchairs, and certain manual wheelchairs’’.
(b) N
ON
-
APPLICATION OF
M
EDICARE
F
EE
S
CHEDULE
A
DJUST
-
MENTS FOR
W
HEELCHAIR
A
CCESSORIES AND
S
EAT AND
B
ACK
C
USH
-
IONS
W
HEN
F
URNISHED IN
C
ONNECTION
W
ITH
C
OMPLEX
R
EHABILITA
-
TIVE
M
ANUAL
W
HEELCHAIRS
.—
(1) I
N GENERAL
.—Notwithstanding any other provision of
law, the Secretary of Health and Human Services shall not,
during the period beginning on January 1, 2020, and ending
Time period.
42 USC 1395w–3
note.
Recommenda-
tions.
Review.
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133 STAT. 3102 PUBLIC LAW 116–94—DEC. 20, 2019
on June 30, 2021, use information on the payment determined
under the competitive acquisition programs under section 1847
of the Social Security Act (42 U.S.C. 1395w–3) to adjust the
payment amount that would otherwise be recognized under
section 1834(a)(1)(B)(ii) of such Act (42 U.S.C.
1395m(a)(1)(B)(ii)) for wheelchair accessories (including seating
systems) and seat and back cushions when furnished in connec-
tion with complex rehabilitative manual wheelchairs (as deter-
mined by the Secretary), and certain manual wheelchairs
(identified, as of October 1, 2018, by HCPCS codes E1235,
E1236, E1237, E1238, and K0008 or any successor to such
codes).
(2) I
MPLEMENTATION
.—Notwithstanding any other provi-
sion of law, the Secretary may implement this subsection by
program instruction or otherwise.
SEC. 107. EXTENDING PASS-THROUGH STATUS FOR CERTAIN DRUGS
UNDER PART B OF THE MEDICARE PROGRAM.
(a) I
N
G
ENERAL
.—Section 1833(t)(6) of the Social Security Act
(42 U.S.C. 1395l(t)(6)) is amended—
(1) in subparagraph (E)(i), by striking ‘‘2018’’ and inserting
‘‘2018 or 2020’’; and
(2) by adding at the end the following new subparagraph:
‘‘(J) A
DDITIONAL PASS
-
THROUGH EXTENSION AND SPE
-
CIAL PAYMENT ADJUSTMENT RULE FOR CERTAIN DIAGNOSTIC
RADIOPHARMACEUTICALS
.—In the case of a drug or
biological furnished in the context of a clinical study on
diagnostic imaging tests approved under a coverage with
evidence development determination whose period of pass-
through status under this paragraph concluded on
December 31, 2018, and for which payment under this
subsection was packaged into a payment for a covered
OPD service (or group of services) furnished beginning
January 1, 2019, the Secretary shall—
‘‘(i) extend such pass-through status for such drug
or biological for the 9-month period beginning on
January 1, 2020;
‘‘(ii) remove, during such period, the packaged costs
of such drug or biological (as determined by the Sec-
retary) from the payment amount under this subsection
for the covered OPD service (or group of services) with
which it is packaged; and
‘‘(iii) not make any adjustments to payment
amounts under this subsection for a covered OPD
service (or group of services) for which no costs were
removed under clause (ii).’’.
(b) I
MPLEMENTATION
.—Notwithstanding any other provision of
law, the Secretary of Health and Human Service may implement
the amendments made by subsection (a) by program instruction
or otherwise.
SEC. 108. HEMATOPOIETIC STEM CELL ACQUISITION PAYMENTS.
Section 1886 of the Social Security Act (42 U.S.C. 1395ww)
is amended—
(1) in subsection (a)(4), in the second sentence, by inserting
‘‘for cost reporting periods beginning on or after October 1,
2020, costs related to hematopoietic stem cell acquisition for
Effective date.
Time period.
42 USC 1395l
note.
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133 STAT. 3103 PUBLIC LAW 116–94—DEC. 20, 2019
the purpose of an allogeneic hematopoietic stem cell transplant
(as described in subsection (d)(5)(M)),’’ after ‘‘October 1, 1987),’’;
(2) in subsection (d)—
(A) in paragraph (4)(C)(iii)—
(i) by inserting ‘‘or payments under paragraph
(5)(M) (beginning with fiscal year 2021)’’ after ‘‘fiscal
year 1991)’’; and
(ii) by inserting ‘‘or payments under paragraph
(5)(M)’’ before the period at the end; and
(B) in paragraph (5), by adding at the end the following
new subparagraph:
‘‘(M)(i) For cost reporting periods beginning on or after October
1, 2020, in the case of a subsection (d) hospital that furnishes
an allogeneic hematopoietic stem cell transplant to an individual
during such a period, payment to such hospital for hematopoietic
stem cell acquisition shall be made on a reasonable cost basis.
The items included in such hematopoietic stem cell acquisition
shall be specified by the Secretary through rulemaking.
‘‘(ii) For purposes of this subparagraph, the term ‘allogeneic
hematopoietic stem cell transplant’ means, with respect to an indi-
vidual, the intravenous infusion of hematopoietic cells derived from
bone marrow, peripheral blood stem cells, or cord blood, but not
including embryonic stem cells, of a donor to an individual that
are or may be used to restore hematopoietic function in such indi-
vidual having an inherited or acquired deficiency or defect.’’.
Subtitle B—Medicaid Provisions
SEC. 201. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.
Section 223(d)(3) of the Protecting Access to Medicare Act of
2014 (42 U.S.C. 1396a note) is amended by striking ‘‘December
20, 2019’’ and inserting ‘‘May 22, 2020’’.
SEC. 202. MEDICAID FUNDING FOR THE TERRITORIES.
(a) T
REATMENT OF
C
AP
.—Section 1108(g) of the Social Security
Act (42 U.S.C. 1308(g)) is amended—
(1) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘subject to and section 1323(a)(2) of the Patient
Protection and Affordable Care Act paragraphs (3) and
(5)’’ and inserting ‘‘subject to section 1323(a)(2) of the
Patient Protection and Affordable Care Act and paragraphs
(3) and (5)’’;
(B) in subparagraph (A)—
(i) by striking ‘‘Puerto Rico shall not exceed the
sum of’’ and inserting ‘‘Puerto Rico shall not exceed—
‘‘(i) except as provided in clause (ii), the sum of’’;
(ii) by striking ‘‘$100,000;’’ and inserting ‘‘$100,000;
and’’; and
(iii) by adding at the end the following new clause:
‘‘(ii) for each of fiscal years 2020 through 2021,
the amount specified in paragraph (6) for each such
fiscal year;’’;
(C) in subparagraph (B)—
Definition.
Effective date.
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133 STAT. 3104 PUBLIC LAW 116–94—DEC. 20, 2019
(i) by striking ‘‘the Virgin Islands shall not exceed
the sum of’’ and inserting ‘‘the Virgin Islands shall
not exceed—
‘‘(i) except as provided in clause (ii), the sum of’’;
(ii) by striking ‘‘$10,000;’’ and inserting ‘‘$10,000;
and’’; and
(iii) by adding at the end the following new clause:
‘‘(ii) for each of fiscal years 2020 through 2021,
$126,000,000;’’;
(D) in subparagraph (C)—
(i) by striking ‘‘Guam shall not exceed the sum
of’’ and inserting ‘‘Guam shall not exceed—
‘‘(i) except as provided in clause (ii), the sum of’’;
(ii) by striking ‘‘$10,000;’’ and inserting ‘‘$10,000;
and’’; and
(iii) by adding at the end the following new clause:
‘‘(ii) for each of fiscal years 2020 through 2021,
$127,000,000;’’;
(E) in subparagraph (D)—
(i) by striking ‘‘the Northern Mariana Islands shall
not exceed the sum of’’ and inserting ‘‘the Northern
Mariana Islands shall not exceed—
‘‘(i) except as provided in clause (ii), the sum of’’;
and
(ii) by adding at the end the following new clause:
‘‘(ii) for each of fiscal years 2020 through 2021,
$60,000,000; and’’;
(F) in subparagraph (E)—
(i) by striking ‘‘American Samoa shall not exceed
the sum of’’ and inserting ‘‘American Samoa shall not
exceed—
‘‘(i) except as provided in clause (ii), the sum of’’;
(ii) by striking ‘‘$10,000.’’ and inserting ‘‘$10,000;
and’’; and
(iii) by adding at the end the following new clause:
‘‘(ii) for each of fiscal years 2020 through 2021,
$84,000,000.’’; and
(G) by adding at the end the following flush sentence:
‘‘For each fiscal year after fiscal year 2021, the total amount
certified for Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, and American Samoa under sub-
section (f) and this subsection for the fiscal year shall be deter-
mined as if the preceding subparagraphs were applied to each
of fiscal years 2020 through 2021 without regard to clause
(ii) of each such subparagraph.’’; and
(2) by adding at the end the following new paragraphs:
‘‘(6) A
PPLICATION TO PUERTO RICO FOR FISCAL YEARS
2020
THROUGH
2021.—
‘‘(A) I
N GENERAL
.—Subject to subparagraph (B), the
amount specified in this paragraph is—
‘‘(i) for fiscal year 2020, $2,623,188,000; and
‘‘(ii) for fiscal year 2021, $2,719,072,000.
‘‘(B) A
DDITIONAL INCREASE FOR PUERTO RICO
.—
‘‘(i) I
N GENERAL
.—For each of fiscal years 2020
through 2021, the amount specified in this paragraph
for the fiscal year shall be equal to the amount specified
for such fiscal year under subparagraph (A) increased
Certification.
Reimbursements.
Determination.
Applicability.
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133 STAT. 3105 PUBLIC LAW 116–94—DEC. 20, 2019
by $200,000,000 if the Secretary certifies that, with
respect to such fiscal year, Puerto Rico’s State plan
under title XIX (or a waiver of such plan) establishes
a reimbursement floor, implemented through a directed
payment arrangement plan, for physician services that
are covered under the Medicare part B fee schedule
in the Puerto Rico locality established under section
1848(b) that is not less than 70 percent of the payment
that would apply to such services if they were furnished
under part B of title XVIII during such fiscal year.
‘‘(ii) A
PPLICATION TO MANAGED CARE
.—In certifying
whether Puerto Rico has established a reimbursement
floor under a directed payment arrangement plan that
satisfies the requirements of clause (i)—
‘‘(I) for fiscal year 2020, the Secretary shall
apply such requirements to payments for physician
services under a managed care contract entered
into or renewed after the date of enactment of
this paragraph and disregard payments for physi-
cian services under any managed care contract
that was entered into prior to such date; and
‘‘(II) for each of fiscal years 2020 through
2021—
‘‘(aa) the Secretary shall disregard pay-
ments made under sub-capitated arrange-
ments for services such as primary care case
management; and
‘‘(bb) if the reimbursement floor for physi-
cian services applicable under a managed care
contract satisfies the requirements of clause
(i) for the fiscal year in which the contract
is entered into or renewed, such reimburse-
ment floor shall be deemed to satisfy such
requirements for the subsequent fiscal year.
‘‘(7) P
UERTO RICO PROGRAM INTEGRITY REQUIREMENTS
.—
‘‘(A) I
N GENERAL
.—
‘‘(i) P
ROGRAM INTEGRITY LEAD
.—Not later than 6
months after the date of enactment of this paragraph,
the agency responsible for the administration of Puerto
Rico’s Medicaid program under title XIX shall des-
ignate an officer (other than the director of such
agency) to serve as the Program Integrity Lead for
such program.
‘‘(ii) PERM
REQUIREMENT
.—Not later than 18
months after the date of enactment of this paragraph,
Puerto Rico shall publish a plan, developed by Puerto
Rico in coordination with the Administrator of the
Centers for Medicare & Medicaid Services and
approved by the Administrator, for how Puerto Rico
will develop measures to satisfy the payment error
rate measurement (PERM) requirements under sub-
part Q of part 431 of title 42, Code of Federal Regula-
tions (or any successor regulation).
‘‘(iii) C
ONTRACTING REFORM
.—Not later than 12
months after the date of enactment of this paragraph,
Puerto Rico shall publish a contracting reform plan
to combat fraudulent, wasteful, or abusive contracts
Designation.
Deadlines.
Publications.
Plans.
Coordination.
Applicability.
Contracts.
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133 STAT. 3106 PUBLIC LAW 116–94—DEC. 20, 2019
under Puerto Rico’s Medicaid program under title XIX
that includes—
‘‘(I) metrics for evaluating the success of the
plan; and
‘‘(II) a schedule for publicly releasing status
reports on the plan.
‘‘(iv) MEQC.—Not later than 18 months after the
date of enactment of this paragraph, Puerto Rico shall
publish a plan, developed by Puerto Rico in coordina-
tion with the Administrator of the Centers for Medicare
& Medicaid Services and approved by the Adminis-
trator, for how Puerto Rico will comply with the Med-
icaid eligibility quality control (MEQC) requirements
of subpart P of part 431 of title 42, Code of Federal
Regulations (or any successor regulation).
‘‘(B) FMAP
REDUCTION FOR FAILURE TO MEET ADDI
-
TIONAL REQUIREMENTS
.—
‘‘(i) I
N GENERAL
.—For each fiscal quarter during
the period beginning on January 1, 2020, and ending
on September 30, 2021:
‘‘(I) For every clause under subparagraph (A)
with respect to which Puerto Rico does not fully
satisfy the requirements described in the clause
(including requirements imposed under the terms
of a plan described in the clause) in the fiscal
quarter, the Federal medical assistance percentage
applicable to Puerto Rico under section 1905(ff)
shall be reduced by the number of percentage
points determined for the clause and fiscal quarter
under subclause (II).
‘‘(II) The number of percentage points deter-
mined under this subclause with respect to a
clause under subparagraph (A) and a fiscal quarter
shall be the number of percentage points (not to
exceed 2.5 percentage points) equal to—
‘‘(aa) 0.25 percentage points; multiplied by
‘‘(bb) the total number of consecutive fiscal
quarters for which Puerto Rico has not fully
satisfied the requirements described in such
clause.
‘‘(ii) E
XCEPTION FOR EXTENUATING CIRCUMSTANCES
OR REASONABLE PROGRESS
.—For purposes of clause (i),
Puerto Rico shall be deemed to have fully satisfied
the requirements of a clause under subparagraph (A)
(including requirements imposed under the terms of
a plan described in the clause) for a fiscal quarter
if—
‘‘(I) the Secretary approves an application from
Puerto Rico describing extenuating circumstances
that prevented Puerto Rico from fully satisfying
the requirements of the clause; or
‘‘(II) in the case of a requirement imposed
under the terms of a plan described in a clause
under subparagraph (A), Puerto Rico has made
objectively reasonable progress towards satisfying
such terms and has submitted a timely request
Time period.
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133 STAT. 3107 PUBLIC LAW 116–94—DEC. 20, 2019
for an exception to the imposition of a penalty
to the Secretary.
‘‘(8) P
ROGRAM INTEGRITY LEAD REQUIREMENT FOR THE
VIRGIN ISLANDS
,
GUAM
,
THE NORTHERN MARIANA ISLANDS
,
AND
AMERICAN SAMOA
.—
‘‘(A) P
ROGRAM INTEGRITY LEAD REQUIREMENT
.—Not
later than October 1, 2020, the agency responsible for the
administration of the Medicaid program under title XIX
of each territory specified in subparagraph (C) shall des-
ignate an officer (other than the director of such agency)
to serve as the Program Integrity Lead for such program.
‘‘(B) FMAP
REDUCTION
.—For each fiscal quarter during
fiscal year 2021, if the territory fails to satisfy the require-
ment of subparagraph (A) for the fiscal quarter, the Federal
medical assistance percentage applicable to the territory
under section 1905(ff) for such fiscal quarter shall be
reduced by the number of percentage points (not to exceed
5 percentage points) equal to—
‘‘(i) 0.25 percentage points; multiplied by
‘‘(ii) the total number of fiscal quarters during
the fiscal year in which the territory failed to satisfy
such requirement.
‘‘(C) S
COPE
.—This paragraph shall apply to the Virgin
Islands, Guam, the Northern Mariana Islands, and Amer-
ican Samoa.’’.
(b) T
REATMENT OF
F
UNDING
U
NDER
E
NHANCED
A
LLOTMENT
P
ROGRAM
.—Section 1935(e) of the Social Security Act (42 U.S.C.
1396u–5(e)) is amended—
(1) in paragraph (1)(B), by striking ‘‘if the State’’ and
inserting ‘‘subject to paragraph (4), if the State’’;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new para-
graph:
‘‘(4) T
REATMENT OF FUNDING FOR CERTAIN FISCAL YEARS
.—
Notwithstanding paragraph (1)(B), in the case that Puerto Rico,
the Virgin Islands, Guam, the Northern Mariana Islands, or
American Samoa establishes and submits to the Secretary a
plan described in paragraph (2) with respect to any of fiscal
years 2020 through 2021, the amount specified for such a
year in paragraph (3) for Puerto Rico, the Virgin Islands, Guam,
the Northern Mariana Islands, or American Samoa, as the
case may be, shall be taken into account in applying, as
applicable, subparagraph (A)(ii), (B)(ii), (C)(ii), (D)(ii), or (E)(ii)
of section 1108(g)(2) for such year.’’.
(c) I
NCREASED
FMAP.—Subsection (ff) of section 1905 of the
Social Security Act (42 U.S.C. 1396d) is amended to read as follows:
‘‘(ff) T
EMPORARY
I
NCREASE IN
FMAP
FOR
T
ERRITORIES FOR
C
ER
-
TAIN
F
ISCAL
Y
EARS
.—Notwithstanding subsection (b) or (z)(2)—
‘‘(1) for the period beginning October 1, 2019, and ending
December 20, 2019, the Federal medical assistance percentage
for Puerto Rico, the Virgin Islands, Guam, the Northern Mar-
iana Islands, and American Samoa shall be equal to 100 per-
cent;
‘‘(2) subject to section 1108(g)(7)(C), for the period beginning
December 21, 2019, and ending September 30, 2021, the Federal
medical assistance percentage for Puerto Rico shall be equal
to 76 percent; and
Time periods.
Applicability.
Applicability.
Deadline.
Designation.
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133 STAT. 3108 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(3) subject to section 1108(g)(8)(B), for the period beginning
December 21, 2019, and ending September 30, 2021, the Federal
medical assistance percentage for the Virgin Islands, Guam,
the Northern Mariana Islands, and American Samoa shall be
equal to 83 percent.’’.
(d) A
NNUAL
R
EPORT
.—Section 1108(g) of the Social Security
Act (42 U.S.C. 1308(g)), as amended by subsection (a), is further
amended by adding at the end the following new paragraph:
‘‘(9) A
NNUAL REPORT
.—
‘‘(A) I
N GENERAL
.—Not later than the date that is
30 days after the end of each fiscal year (beginning with
fiscal year 2020 and ending with fiscal year 2021), in
the case that a specified territory receives a Medicaid cap
increase, or an increase in the Federal medical assistance
percentage for such territory under section 1905(ff), for
such fiscal year, such territory shall submit to the Chair
and Ranking Member of the Committee on Energy and
Commerce of the House of Representatives and the Chair
and Ranking Member of the Committee on Finance of
the Senate a report, employing the most up-to-date
information available, that describes how such territory
has used such Medicaid cap increase, or such increase
in the Federal medical assistance percentage, as applicable,
to increase access to health care under the State Medicaid
plan of such territory under title XIX (or a waiver of
such plan). Such report may include—
‘‘(i) the extent to which such territory has, with
respect to such plan (or waiver)—
‘‘(I) increased payments to health care pro-
viders;
‘‘(II) increased covered benefits;
‘‘(III) expanded health care provider networks;
or
‘‘(IV) improved in any other manner the car-
rying out of such plan (or waiver); and
‘‘(ii) any other information as determined necessary
by such territory.
‘‘(B) D
EFINITIONS
.—In this paragraph:
‘‘(i) M
EDICAID CAP INCREASE
.—The term ‘Medicaid
cap increase’ means, with respect to a specified terri-
tory and fiscal year, any increase in the amounts other-
wise determined under this subsection for such terri-
tory for such fiscal year by reason of the amendments
made by section 202 of division N of the Further
Consolidated Appropriations Act, 2020.
‘‘(ii) S
PECIFIED TERRITORY
.—The term ‘specified
territory’ means Puerto Rico, the Virgin Islands, Guam,
the Northern Mariana Islands, and American Samoa.’’.
(e) A
PPLICATION OF
C
ERTAIN
D
ATA
R
EPORTING AND
P
ROGRAM
I
NTEGRITY
R
EQUIREMENTS TO
N
ORTHERN
M
ARIANA
I
SLANDS
, A
MER
-
ICAN
S
AMOA
,
AND
G
UAM
.—
(1) I
N GENERAL
.—Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended by adding at the end the following
new subsection:
‘‘(qq) A
PPLICATION OF
C
ERTAIN
D
ATA
R
EPORTING AND
P
ROGRAM
I
NTEGRITY
R
EQUIREMENTS TO
N
ORTHERN
M
ARIANA
I
SLANDS
, A
MER
-
ICAN
S
AMOA
,
AND
G
UAM
.—
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133 STAT. 3109 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(1) I
N GENERAL
.—Not later than October 1, 2021, the
Northern Mariana Islands, American Samoa, and Guam shall—
‘‘(A) demonstrate progress in implementing methods,
satisfactory to the Secretary, for the collection and
reporting of reliable data to the Transformed Medicaid
Statistical Information System (T–MSIS) (or a successor
system); and
‘‘(B) demonstrate progress in establishing a State med-
icaid fraud control unit described in section 1903(q).
‘‘(2) D
ETERMINATION OF PROGRESS
.—For purposes of para-
graph (1), the Secretary shall deem that a territory described
in such paragraph has demonstrated satisfactory progress in
implementing methods for the collection and reporting of reli-
able data or establishing a State medicaid fraud control unit
if the territory has made a good faith effort to implement
such methods or establish such a unit, given the circumstances
of the territory.’’.
(2) C
ONFORMING AMENDMENT
.—Section 1902(j) of the Social
Security Act (42 U.S.C. 1396a(j)) is amended—
(A) by striking ‘‘or the requirement’’ and inserting ‘‘,
the requirement’’; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘, or the requirement under subsection (qq)(1)
(relating to data reporting)’’.
(3) R
EEVALUATION OF WAIVERS OF MEDICAID FRAUD CONTROL
UNIT REQUIREMENT
.—
(A) I
N GENERAL
.—Not later than the date that is 1
year after the date of enactment of this Act, the Secretary
of Health and Human Services shall reevaluate any waiver
approved (and in effect as of the date of enactment of
this Act) for Guam, the Northern Mariana Islands, or
American Samoa under subsection (a)(61) or subsection
(j) of section 1902 of the Social Security Act (42
U.S.C.1396a) with respect to the requirement to establish
a State medicaid fraud control unit (as described in section
1903(q) of such Act (42 U.S.C. 1396b(q))).
(B) R
ULE OF CONSTRUCTION
.—Nothing in this para-
graph shall be construed as requiring the Secretary of
Health and Human Services to terminate or refuse to
extend a waiver described in subparagraph (A).
(f) A
DDITIONAL
P
ROGRAM
I
NTEGRITY
R
EQUIREMENTS
.—
(1) D
EFINITIONS
.—In this subsection:
(A) I
NSPECTOR GENERAL
.—The term ‘‘Inspector Gen-
eral’’ means the Inspector General of the Department of
Health and Human Services.
(B) P
UERTO RICO
’
S MEDICAID PROGRAM
.—The term
‘‘Puerto Rico’s Medicaid program’’ means, collectively,
Puerto Rico’s State plan under title XIX of the Social Secu-
rity Act (42 U.S.C. 1396 et seq.) and any waiver of such
plan.
(2) R
EPORT ON CONTRACTING OVERSIGHT AND APPROVAL
.—
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall issue,
and submit to the Chair and Ranking Member of the Committee
on Energy and Commerce of the House of Representatives
and the Chair and Ranking Member of the Committee on
Finance of the Senate, a report on contracting oversight and
Deadline.
42 USC 1396a
note.
Deadline.
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133 STAT. 3110 PUBLIC LAW 116–94—DEC. 20, 2019
approval with respect to Puerto Rico’s State plan under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or
a waiver of such plan). Such report shall—
(A) examine—
(i) the process used by Puerto Rico to evaluate
bids and award contracts under such plan (or waiver);
(ii) which contracts are not subject to competitive
bidding or requests for proposals under such plan (or
waiver); and
(iii) oversight by the Centers for Medicare & Med-
icaid Services of contracts awarded under such plan
(or waiver); and
(B) include any recommendations for Congress, the
Secretary of Health and Human Services, or Puerto Rico
relating to changes that the Comptroller General deter-
mines necessary to improve the program integrity of such
plan (or waiver).
(3) A
UDITS OF MANAGED CARE PAYMENTS
.—Not later than
the date that is 1 year after the date of enactment of this
Act, the Inspector General shall develop and submit to Con-
gress—
(A) a report identifying payments made under Puerto
Rico’s Medicaid program to managed care organizations
that the Inspector General determines to be at high risk
for waste, fraud, or abuse; and
(B) a plan for auditing and investigating such pay-
ments.
(4) S
YSTEM FOR TRACKING FEDERAL FUNDING PROVIDED TO
PUERTO RICO
;
MEDICAID AND CHIP SCORECARD REPORTING
.—Sec-
tion 1902 of the Social Security Act (42 U.S.C. 1396a), as
amended by subsection (e), is further amended by adding at
the end the following new subsection:
‘‘(rr) P
ROGRAM
I
NTEGRITY
R
EQUIREMENTS FOR
P
UERTO
R
ICO
.—
‘‘(1) S
YSTEM FOR TRACKING FEDERAL MEDICAID FUNDING
PROVIDED TO PUERTO RICO
.—
‘‘(A) I
N GENERAL
.—Puerto Rico shall establish and
maintain a system, which may include the use of a quar-
terly Form CMS–64, for tracking any amounts paid by
the Federal Government to Puerto Rico with respect to
the State plan of Puerto Rico (or a waiver of such plan).
Under such system, Puerto Rico shall ensure that informa-
tion is available, with respect to each quarter in a fiscal
year (beginning with the first quarter beginning on or
after the date that is 1 year after the date of the enactment
of this subsection), on the following:
‘‘(i) In the case of a quarter other than the first
quarter of such fiscal year—
‘‘(I) the total amount expended by Puerto Rico
during any previous quarter of such fiscal year
under the State plan of Puerto Rico (or a waiver
of such plan); and
‘‘(II) a description of how such amount was
so expended.
‘‘(ii) The total amount that Puerto Rico expects
to expend during the quarter under the State plan
of Puerto Rico (or a waiver of such plan), and a descrip-
tion of how Puerto Rico expects to expend such amount.
Effective date.
Plan.
Reports.
Deadline.
Recommenda-
tions.
Examinations.
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133 STAT. 3111 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(B) R
EPORT TO CMS
.—For each quarter with respect
to which Puerto Rico is required under subparagraph (A)
to ensure that information described in such subparagraph
is available, Puerto Rico shall submit to the Administrator
of the Centers for Medicare & Medicaid Services a report
on such information for such quarter, which may include
the submission of a quarterly Form CMS–37.
‘‘(2) S
UBMISSION OF DOCUMENTATION ON CONTRACTS UPON
REQUEST
.—Puerto Rico shall, upon request, submit to the
Administrator of the Centers for Medicare & Medicaid Services
all documentation requested with respect to contracts awarded
under the State plan of Puerto Rico (or a waiver of such
plan).
‘‘(3) R
EPORTING ON MEDICAID AND CHIP SCORECARD MEAS
-
URES
.—Beginning 12 months after the date of enactment of
this subsection, Puerto Rico shall begin to report to the
Administrator of the Centers for Medicare & Medicaid Services
on selected measures included in the Medicaid and CHIP Score-
card developed by the Centers for Medicare & Medicaid Serv-
ices.’’.
(5) A
PPROPRIATION
.—Out of any funds in the Treasury
not otherwise appropriated, there is appropriated to the Sec-
retary of Health and Human Services $5,000,000 for each of
fiscal years 2020 through 2021 to carry out this subsection.
SEC. 203. DELAY OF DSH REDUCTIONS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C.
1396r–4(f)(7)(A)) is amended by striking ‘‘December 21, 2019’’ each
place it appears and inserting ‘‘May 23, 2020’’.
SEC. 204. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
(a) I
N
G
ENERAL
.—Section 2404 of Public Law 111–148 (42
U.S.C. 1396r–5 note) is amended by striking ‘‘December 31, 2019’’
and inserting ‘‘May 22, 2020’’.
(b) R
ULE OF
C
ONSTRUCTION
.—Nothing in section 2404 of Public
Law 111–148 (42 U.S.C. 1396r–5 note) or section 1902(a)(17) or
1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r–
5) shall be construed as prohibiting a State from—
(1) applying an income or resource disregard under a meth-
odology authorized under section 1902(r)(2) of such Act (42
U.S.C. 1396a(r)(2))—
(A) to the income or resources of an individual
described in section 1902(a)(10)(A)(ii)(VI) of such Act (42
U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the
income or resources of such individual’s spouse); or
(B) on the basis of an individual’s need for home and
community-based services authorized under subsection (c),
(d), (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n)
or under section 1115 of such Act (42 U.S.C. 1315); or
(2) disregarding an individual’s spousal income and assets
under a plan amendment to provide medical assistance for
home and community-based services for individuals by reason
of being determined eligible under section 1902(a)(10)(C) of
such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section
1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the
basis of a reduction of income based on costs incurred for
medical or other remedial care under which the State dis-
regarded the income and assets of the individual’s spouse in
42 USC 1396a
note.
Effective date.
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133 STAT. 3112 PUBLIC LAW 116–94—DEC. 20, 2019
determining the initial and ongoing financial eligibility of an
individual for such services in place of the spousal impoverish-
ment provisions applied under section 1924 of such Act (42
U.S.C. 1396r–5).
SEC. 205. EXTENSION OF THE MONEY FOLLOWS THE PERSON REBAL-
ANCING DEMONSTRATION PROGRAM.
Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C.
1396a note) is amended—
(1) in paragraph (1)—
(A) in subparagraph (E), by striking ‘‘and’’ after the
semicolon;
(B) in subparagraph (F), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(G) subject to paragraph (3), $176,000,000 for the
period beginning on January 1, 2020, and ending on May
22, 2020.’’; and
(2) in paragraph (3)—
(A) in the paragraph header, by striking ‘‘
FOR FY 2019
’’;
and
(B) by striking ‘‘paragraph (1)(F)’’ and inserting ‘‘sub-
paragraphs (F) and (G) of paragraph (1)’’.
Subtitle C—Human Services and Other
Health Programs
SEC. 301. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS
HEALTH PROFESSIONS WORKFORCE NEEDS.
Activities authorized by section 2008 of the Social Security
Act shall continue through May 22, 2020, in the manner authorized
for fiscal year 2019, and out of any money in the Treasury of
the United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose.
Grants and payments may be made pursuant to this authority
through the date so specified at the pro rata portion of the total
amount authorized for such activities in fiscal year 2019.
SEC. 302. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES PROGRAM AND RELATED PROGRAMS.
Activities authorized by part A of title IV and section 1108(b)
of the Social Security Act shall continue through May 22, 2020,
in the manner authorized for fiscal year 2019, and out of any
money in the Treasury of the United States not otherwise appro-
priated, there are hereby appropriated such sums as may be nec-
essary for such purpose.
SEC. 303. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION PRO-
GRAM.
Section 510 of the Social Security Act (42 U.S.C. 710) is
amended—
(1) in subsection (a)—
(A) in paragraph (1), in the matter preceding subpara-
graph (A), by striking ‘‘December 20, 2019’’ and inserting
‘‘May 22, 2020’’;
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133 STAT. 3113 PUBLIC LAW 116–94—DEC. 20, 2019
(B) in paragraph (2)(A), by striking ‘‘December 20,
2019’’ and inserting ‘‘May 22, 2020’’; and
(2) in subsection (f)(1), by striking ‘‘$16,643,836 for the
period beginning October 1, 2019, and ending December 20,
2019’’ and inserting ‘‘$48,287,671 for the period beginning
October 1, 2019, and ending May 22, 2020’’.
SEC. 304. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION
PROGRAM.
Section 513 of the Social Security Act (42 U.S.C. 713) is
amended—
(1) in subsection (a)(1)—
(A) in subparagraph (A), in the matter preceding clause
(i), by striking ‘‘December 20, 2019’’ and inserting ‘‘May
22, 2020’’;
(B) in subparagraph (B)(i), by striking by striking
‘‘December 20, 2019’’ and inserting ‘‘May 22, 2020’’; and
(2) in subsection (f), by striking ‘‘$16,643,836 for the period
beginning October 1, 2019, and ending December 20, 2019’’
and inserting ‘‘$48,287,671 for the period beginning October
1, 2019, and ending May 22, 2020’’.
Subtitle D—Public Health Provisions
SEC. 401. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE
NATIONAL HEALTH SERVICE CORPS, AND TEACHING
HEALTH CENTERS THAT OPERATE GME PROGRAMS.
(a) C
OMMUNITY
H
EALTH
C
ENTERS
.—Section 10503(b)(1)(F) of
the Patient Protection and Affordable Care Act (42 U.S.C. 254b–
2(b)(1)(F)) is amended by—
(1) striking ‘‘$887,671,223’’ and inserting ‘‘$2,575,342,466’’;
and
(2) striking ‘‘December 20, 2019’’ and inserting ‘‘May 22,
2020’’.
(b) N
ATIONAL
H
EALTH
S
ERVICE
C
ORPS
.—Section 10503(b)(2)(G)
of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–
2(b)(2)(G)) is amended—
(1) by striking ‘‘$68,794,521’’ and inserting ‘‘$199,589,041’’;
and
(2) by striking ‘‘December 20, 2019’’ and inserting ‘‘May
22, 2020’’.
(c) T
EACHING
H
EALTH
C
ENTERS
T
HAT
O
PERATE
G
RADUATE
M
ED
-
ICAL
E
DUCATION
P
ROGRAMS
.—Section 340H(g)(1) of the Public
Health Service Act (42 U.S.C. 256h(g)(1)) is amended—
(1) by striking ‘‘$28,072,603’’ and inserting ‘‘$81,445,205’’;
and
(2) by striking ‘‘December 20, 2019’’ and inserting ‘‘May
22, 2020’’.
(d) A
PPLICATION OF
P
ROVISIONS
.—Amounts appropriated pursu-
ant to the amendments made by this section for the period begin-
ning on October 1, 2019, and ending on May 22, 2020, shall be
subject to the requirements contained in Public Law 115–245 for
funds for programs authorized under sections 330 through 340
of the Public Health Service Act (42 U.S.C. 254 through 256).
(e) C
ONFORMING
A
MENDMENT
.—Paragraph (4) of section 3014(h)
of title 18, United States Code, as amended by section 1101(e)
Time period.
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133 STAT. 3114 PUBLIC LAW 116–94—DEC. 20, 2019
of division B of Public Law 116–69, is amended by striking ‘‘section
1101(d) of division B of the Continuing Appropriations Act, 2020,
and Health Extenders Act of 2019, and section 1101(d) of the
Further Continuing Appropriations Act, 2020, and Further Health
Extenders Act of 2019’’ and inserting ‘‘, and section 401(d) of division
N of the Further Consolidated Appropriations Act, 2020’’.
SEC. 402. DIABETES PROGRAMS.
(a) T
YPE
I.—Section 330B(b)(2)(D) of the Public Health Service
Act (42 U.S.C. 254c–2(b)(2)(D)) is amended—
(1) by striking ‘‘$33,287,671’’ and inserting ‘‘$96,575,342’’;
and
(2) by striking ‘‘December 20, 2019’’ and inserting ‘‘May
22, 2020’’.
(b) I
NDIANS
.—Section 330C(c)(2)(D) of the Public Health Service
Act (42 U.S.C. 254c–3(c)(2)(D)) is amended—
(1) by striking ‘‘$33,287,671’’ and inserting ‘‘$96,575,342’’;
and
(2) by striking ‘‘December 20, 2019’’ and inserting ‘‘May
22, 2020’’.
SEC. 403. POISON CENTER NETWORK ENHANCEMENT.
(a) N
ATIONAL
T
OLL
-
FREE
N
UMBER
.—Section 1271 of the Public
Health Service Act (42 U.S.C. 300d–71) is amended—
(1) in the section heading, by inserting before the period
the following: ‘‘
AND OTHER COMMUNICATION CAPABILITIES
’’;
and
(2) by striking subsection (a) and inserting the following:
‘‘(a) I
N
G
ENERAL
.—The Secretary—
‘‘(1) shall provide coordination and assistance to poison
control centers for the establishment and maintenance of a
nationwide toll-free phone number, to be used to access such
centers; and
‘‘(2) may provide coordination and assistance to poison con-
trol centers and consult with professional organizations for
the establishment, implementation, and maintenance of other
communication technologies to be used to access such centers.’’;
(3) by redesignating subsection (b) as subsection (c);
(4) by inserting after subsection (a) the following:
‘‘(b) R
OUTING
C
ONTACTS
W
ITH
P
OISON
C
ONTROL
C
ENTERS
.—
Not later than 18 months after the date of enactment of this
subsection, the Secretary shall coordinate with the Chairman of
the Federal Communications Commission, to the extent technically
and economically feasible, to ensure that communications with the
national toll-free number are routed to the appropriate poison con-
trol center based on the physical location of the contact rather
than the area code of the contact device.’’; and
(5) in subsection (c), as so redesignated—
(A) by striking ‘‘2015 through 2019’’ and inserting
‘‘2020 through 2024’’; and
(B) by striking ‘‘maintenance of the nationwide toll
free phone number under subsection (a)’’ and inserting
‘‘establishment, implementation, and maintenance activi-
ties carried out under subsections (a) and (b)’’.
(b) N
ATIONWIDE
M
EDIA
C
AMPAIGN
.—Section 1272 of the Public
Health Service Act (42 U.S.C. 300d–72) is amended—
(1) in the section heading, by striking ‘‘
NATIONWIDE MEDIA
CAMPAIGN TO PROMOTE
’’ and inserting ‘‘
PROMOTING
’’;
Deadline.
Coordination.
Consultation.
Coordination.
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133 STAT. 3115 PUBLIC LAW 116–94—DEC. 20, 2019
(2) in subsection (a)—
(A) by inserting ‘‘and support outreach to’’ after ‘‘edu-
cate’’;
(B) by striking ‘‘poison prevention’’ and inserting ‘‘poi-
soning and toxic exposure prevention’’; and
(C) by striking ‘‘established under’’ and inserting ‘‘and
other available communication technologies established,
implemented, or maintained under’’;
(3) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘nationwide poison prevention’’ and inserting ‘‘nationwide
poisoning and toxic exposure prevention’’; and
(B) in paragraph (1), by striking ‘‘poison prevention
and poison control center’’ and inserting ‘‘poisoning and
toxic exposure prevention awareness materials, applicable
public health emergency preparedness and response
information, and poison control center’’ after ‘‘distribution
of’’; and
(4) by striking subsection (c);
(5) by redesignating subsection (d) as subsection (c); and
(6) in subsection (c) (as so redesignated), by striking ‘‘2015
through 2019’’ and inserting ‘‘2020 through 2024’’.
(c) M
AINTENANCE OF
P
ROGRAM
.—Section 1273 of the Public
Health Service Act (42 U.S.C. 300d–73) is amended—
(1) in subsection (a), by inserting ‘‘and toxic exposures’’
after ‘‘poisonings’’; and
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by striking ‘‘for poison’’ and inserting ‘‘for poi-
soning and toxic exposure’’; and
(ii) by striking ‘‘and preparedness’’ and inserting
‘‘preparedness and response’’;
(B) in paragraph (3)—
(i) by striking ‘‘United States and’’ and inserting
‘‘United States,’’; and
(ii) by inserting before the semicolon the following:
‘‘, and other government agencies as determined to
be appropriate and nonduplicative by the Secretary’’;
and
(C) in paragraph (8), by striking ‘‘calls’’ and inserting
‘‘contacts’’;
(3) in subsection (d) , by striking paragraph (3) and
inserting the following:
‘‘(3) L
IMITATION
.—
‘‘(A) I
N GENERAL
.—The sum of the number of years
for a waiver under paragraph (1) and a renewal under
paragraph (2) may not exceed 5 years.
‘‘(B) P
UBLIC HEALTH EMERGENCY
.—Notwithstanding
any previous waivers, in the case of a poison control center
whose accreditation is affected by a public health emer-
gency declared pursuant to section 319, the Secretary may,
as the circumstances of the emergency reasonably require,
provide a waiver under paragraph (1) or a renewal under
paragraph (2), not to exceed 2 years. The Secretary may
require quarterly reports and other information related
to such a waiver or renewal under this paragraph.’’;
(4) by striking subsection (f) and inserting the following:
Reports.
Waiver authority.
Time period.
Time period.
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133 STAT. 3116 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(f) M
AINTENANCE OF
E
FFORT
.—With respect to activities for
which a grant is awarded under this section, the Secretary may
require that poison control centers agree to maintain the expendi-
tures of the center for such activities at a level that is not less
than the level of expenditures maintained by the center for the
fiscal year preceding the fiscal year for which the grant is received.’’;
(5) In subsection (g), by striking ‘‘2015 through 2019’’ and
inserting ‘‘2020 through 2024’’; and
(6) by adding at the end the following:
‘‘(h) B
IENNIAL
R
EPORT TO
C
ONGRESS
.—Not later than 2 years
after the date of enactment of this subsection, and every 2 years
thereafter, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and Committee on
Energy and Commerce of the House of Representatives a report
concerning the operations of, and trends identified by, the Poison
Control Network. Such report shall include—
‘‘(1) descriptions of the activities carried out pursuant to
sections 1271, 1272, and 1273, and the alignment of such activi-
ties with the purposes provided under subsection (a);
‘‘(2) a description of trends in volume of contacts to poison
control centers;
‘‘(3) a description of trends in poisonings and toxic expo-
sures reported to poison control centers, as applicable and
appropriate;
‘‘(4) an assessment of the impact of the public awareness
campaign, including any geographic variations;
‘‘(5) a description of barriers, if any, preventing poison
control centers from achieving the purposes and programs
under this section and sections 1271 and 1272;
‘‘(6) a description of the standards for accreditation
described in subsection (c), including any variations in those
standards, and any efforts to create and maintain consistent
standards across organizations that accredit poison control cen-
ters; and
‘‘(7) the number of and reason for any waivers provided
under subsection (d).’’.
SEC. 404. KAY HAGAN TICK ACT.
(a) S
HORT
T
ITLE
.—This section may be cited as the ‘‘Kay Hagan
Tick Act’’.
(b) C
OMBATING
V
ECTOR
-
BORNE
D
ISEASES
.—Title III of the Public
Health Service Act is amended by inserting after section 317T
(42 U.S.C. 247b–22) the following:
‘‘SEC. 317U. NATIONAL STRATEGY AND REGIONAL CENTERS OF EXCEL-
LENCE IN VECTOR-BORNE DISEASES.
‘‘(a) I
N
G
ENERAL
.—The Secretary shall—
‘‘(1)(A) ensure the development and implementation of a
national strategy to address vector-borne diseases, including
tick-borne diseases, that—
‘‘(i) identifies and assesses gaps and any unnecessary
duplication in federally-funded programs; and
‘‘(ii) identifies strategic goals to address such diseases
and appropriate benchmarks to measure progress toward
achieving such goals; and
‘‘(B) update such strategy, as appropriate; and
‘‘(2) coordinate programs and activities, including related
to data collection, research, and the development of diagnostics,
Coordination.
Updates.
42 USC 247b–23.
42 USC 201 note.
Kay Hagan Tick
Act.
Assessment.
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133 STAT. 3117 PUBLIC LAW 116–94—DEC. 20, 2019
treatments, vaccines, and other related activities, to address
vector-borne diseases, including tick-borne diseases, across the
Department of Health and Human Services and with other
Federal agencies or departments, as appropriate.
‘‘(b) C
ONSULTATION
.—In carrying out subsection (a)(1), the Sec-
retary shall consult with the Tick-Borne Disease Working Group
established under section 2062 of the 21st Century Cures Act (42
U.S.C. 284s) and other individuals, as appropriate, such as—
‘‘(1) epidemiologists with experience in vector-borne dis-
eases;
‘‘(2) representatives of patient advocacy and research
organizations that focus on vector-borne diseases, including
such organizations that have demonstrated experience in
related research, public health, data collection, or patient access
to care;
‘‘(3) health information technology experts or other informa-
tion management specialists;
‘‘(4) clinicians, entomologists, vector management profes-
sionals, public health professionals, and others with expertise
in vector-borne diseases; and
‘‘(5) researchers, including researchers with experience con-
ducting translational research.
‘‘(c) C
ENTERS OF
E
XCELLENCE
.—The Secretary, in coordination
with the Director of the Centers for Disease Control and Prevention,
shall award grants, contracts, or cooperative agreements to institu-
tions of higher education for the establishment or continued support
of regional centers of excellence in vector-borne diseases to address
vector-borne diseases, including tick-borne diseases, by—
‘‘(1) facilitating collaboration between academia and public
health organizations for public health surveillance, prevention,
and response activities related to vector-borne diseases,
including tick-borne diseases;
‘‘(2) providing training for public health entomologists and
other health care professionals, as appropriate, to address
vector-borne diseases, including tick-borne diseases;
‘‘(3) conducting research to develop and validate prevention
and control tools and methods, including evidence-based and
innovative, evidence-informed tools and methods to anticipate
and respond to disease outbreaks; or
‘‘(4) preparing for and responding to outbreaks of vector-
borne diseases, including tick-borne diseases.
‘‘(d) E
LIGIBILITY
.—To be eligible to receive a grant, contract,
or cooperative agreement under subsection (c), an entity shall
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including a description of how the entity will conduct the activities
described in such subsection.
‘‘(e) R
EPORTS
.—
‘‘(1) P
ROGRAM SUMMARY
.—An entity receiving an award
under subsection (c) shall, not later than one year after
receiving such award, and annually thereafter, submit to the
Secretary a summary of programs and activities funded under
the award.
‘‘(2) P
ROGRESS REPORT
.—Not later than 4 years after the
date of enactment of this section, the Secretary shall submit
to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce
Coordination.
Grants.
Contracts.
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133 STAT. 3118 PUBLIC LAW 116–94—DEC. 20, 2019
of the House of Representatives, a report on the progress made
in addressing vector-borne diseases, including tick-borne dis-
eases, through activities carried out under this section.
‘‘(f) A
UTHORIZATION OF
A
PPROPRIATIONS
.—For the purpose of
carrying out this section, there are authorized to be appropriated
$10,000,000 for each of fiscal years 2021 through 2025.’’.
(c) E
NHANCING
C
APACITY TO
A
DDRESS
V
ECTOR
-
BORNE
D
IS
-
EASES
.—Subtitle C of title XXVIII of the Public Health Service
Act (42 U.S.C. 300hh-31 et seq.) is amended by adding at the
end the following:
‘‘SEC. 2822. ENHANCED SUPPORT TO ASSIST HEALTH DEPARTMENTS
IN ADDRESSING VECTOR-BORNE DISEASES.
‘‘(a) I
N
G
ENERAL
.—The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, may enter into
cooperative agreements with health departments of States, political
subdivisions of States, and Indian Tribes and Tribal organizations
in areas at high risk of vector-borne diseases in order to increase
capacity to identify, report, prevent, and respond to such diseases
and related outbreaks.
‘‘(b) E
LIGIBILITY
.—To be eligible to enter into a cooperative
agreement under this section, an entity described in subsection
(a) shall prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including a plan that describes—
‘‘(1) how the applicant proposes to develop or expand pro-
grams to address vector-borne disease risks, including
through—
‘‘(A) related training and workforce development;
‘‘(B) programmatic efforts to improve capacity to iden-
tify, report, prevent, and respond to such disease and
related outbreaks; and
‘‘(C) other relevant activities identified by the Director
of the Centers for Disease Control and Prevention, as
appropriate;
‘‘(2) the manner in which the applicant will coordinate
with other Federal, Tribal, and State agencies and programs,
as applicable, related to vector-borne diseases, as well as other
relevant public and private organizations or agencies; and
‘‘(3) the manner in which the applicant will evaluate the
effectiveness of any program carried out under the cooperative
agreement.
‘‘(c) A
UTHORIZATION OF
A
PPROPRIATIONS
.—For the purposes of
carrying out this section, there are authorized to be appropriated
$20,000,000 for each of fiscal years 2021 through 2025.’’.
Subtitle E—Revenue Provisions
SEC. 501. REPEAL OF MEDICAL DEVICE EXCISE TAX.
(a) I
N
G
ENERAL
.—Chapter 32 of the Internal Revenue Code
of 1986 is amended by striking subchapter E.
(b) C
ONFORMING
A
MENDMENTS
.—
(1) Subsection (a) of section 4221 of the Internal Revenue
Code of 1986 is amended by striking the last sentence.
(2) Paragraph (2) of section 6416(b) of such Code is
amended by striking the last sentence.
26 USC 4221.
26 USC 4191
prec., 4191.
Contracts.
2 USC 300hh–32.
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133 STAT. 3119 PUBLIC LAW 116–94—DEC. 20, 2019
(c) C
LERICAL
A
MENDMENT
.—The table of subchapters for
chapter 32 of the Internal Revenue Code of 1986 is amended by
striking the item relating to subchapter E.
(d) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to sales after December 31, 2019.
SEC. 502. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE PRO-
VIDERS.
(a) I
N
G
ENERAL
.—Subtitle A of title IX of the Patient Protection
and Affordable Care Act is amended by striking section 9010.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to calendar years beginning after December 31, 2020.
SEC. 503. REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-SPON-
SORED HEALTH COVERAGE.
(a) I
N
G
ENERAL
.—Chapter 43 of the Internal Revenue Code
of 1986 is amended by striking section 4980I.
(b) C
ONFORMING
A
MENDMENTS
.—
(1) Section 6051 of such Code is amended—
(A) by striking ‘‘section 4980I(d)(1)’’ in subsection
(a)(14) and inserting ‘‘subsection (g)’’, and
(B) by adding at the end the following new subsection:
‘‘(g) A
PPLICABLE
E
MPLOYER
-S
PONSORED
C
OVERAGE
.—For pur-
poses of subsection (a)(14)—
‘‘(1) I
N GENERAL
.—The term ‘applicable employer-sponsored
coverage’ means, with respect to any employee, coverage under
any group health plan made available to the employee by
an employer which is excludable from the employee’s gross
income under section 106, or would be so excludable if it were
employer-provided coverage (within the meaning of such section
106).
‘‘(2) E
XCEPTIONS
.—The term ‘applicable employer-sponsored
coverage’ shall not include—
‘‘(A) any coverage (whether through insurance or other-
wise) described in section 9832(c)(1) (other than subpara-
graph (G) thereof) or for long-term care,
‘‘(B) any coverage under a separate policy, certificate,
or contract of insurance which provides benefits substan-
tially all of which are for treatment of the mouth (including
any organ or structure within the mouth) or for treatment
of the eye, or
‘‘(C) any coverage described in section 9832(c)(3) the
payment for which is not excludable from gross income
and for which a deduction under section 162(l) is not allow-
able.
‘‘(3) C
OVERAGE INCLUDES EMPLOYEE PAID PORTION
.—Cov-
erage shall be treated as applicable employer-sponsored cov-
erage without regard to whether the employer or employee
pays for the coverage.
‘‘(4) G
OVERNMENTAL PLANS INCLUDED
.—Applicable
employer-sponsored coverage shall include coverage under any
group health plan established and maintained primarily for
its civilian employees by the Government of the United States,
by the government of any State or political subdivision thereof,
or by any agency or instrumentality of any such government.’’.
(2) Section 9831(d)(1) of such Code is amended by striking
‘‘except as provided in section 4980I(f)(4)’’.
Definitions.
26 USC 4001
note prec.
26 USC 4001
note prec.
26 USC 4221
note.
26 USC 4061
prec.
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133 STAT. 3120 PUBLIC LAW 116–94—DEC. 20, 2019
(3) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4980I.
(c) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2019.
Subtitle F—Miscellaneous Provisions
SEC. 602. ADDRESSING EXPIRATION OF CHILD WELFARE DEMONSTRA-
TION PROJECTS AND SUPPORTING FAMILY FIRST
IMPLEMENTATION.
(a) S
HORT
T
ITLE
.—This section may be cited as the ‘‘Family
First Transition Act’’.
(b) E
VIDENCE
S
TANDARD
T
RANSITION
.—
(1) T
EMPORARY SUSPENSION OF REQUIREMENT THAT AT
LEAST 50 PERCENT OF A STATE
’
S REIMBURSEMENT FOR PREVEN
-
TION AND FAMILY SERVICES AND PROGRAMS BE FOR PROGRAMS
AND SERVICES THAT MEET THE WELL
-
SUPPORTED PRACTICE
REQUIREMENT
.—With respect to quarters in fiscal years 2020
and 2021, section 474(a)(6)(A) of the Social Security Act (42
U.S.C. 674(a)(6)(A)) shall be applied without regard to clause
(ii) of such section.
(2) S
UPPORTED PRACTICES TEMPORARILY TREATED AS WELL
-
SUPPORTED PRACTICES
.—With respect to quarters in fiscal years
2022 and 2023, practices that meet the criteria specified for
supported practices in section 471(e)(4)(C) of the Social Security
Act (42 U.S.C. 671(e)(4)(C)) shall be considered well-supported
practices for purposes of section 474(a)(6)(A)(ii) of such Act
(42 U.S.C. 674(a)(6)(A)(ii)).
(c) E
NHANCED
F
UNDING FOR
T
RANSITION
A
CTIVITIES
.—
(1) T
RANSITION FUNDING
.—
(A) A
PPROPRIATION
.—Out of any money in the Treasury
of the United States not otherwise appropriated, there
are appropriated to the Secretary of Health and Human
Services (in this section referred to as the ‘‘Secretary’’)
to carry out this subsection $500,000,000 for fiscal year
2020, which shall remain available through fiscal year
2021.
(B) D
ISTRIBUTION OF FUNDS
.—
(i) I
N GENERAL
.—The Secretary shall allot the
amount appropriated by subparagraph (A) of this para-
graph in accordance with section 423 of the Social
Security Act (42 U.S.C. 623), and shall pay each State
to which an allotment is so made, the total amount
so allotted, subject to clause (ii) of this subparagraph.
(ii) R
ESERVATION OF FUNDS FOR INDIAN TRIBES AND
TRIBAL ORGANIZATIONS
.—Before applying clause (i) of
this subparagraph, the Secretary shall reserve 3 per-
cent of the amount appropriated by subparagraph (A)
of this paragraph for allotment to the Indian tribes
and tribal organizations with a plan approved under
subpart 1 of part B of title IV of the Social Security
Act, based on each tribe or tribal organization’s share
of the total tribal child population among all such
tribes and tribal organizations.
(2) F
UNDING CERTAINTY FOR STATES WITH EXPIRING DEM
-
ONSTRATION PROJECTS
.—
42 USC 674 note.
42 USC 1305
note.
Family First
Transition Act.
26 USC 6051
note.
26 USC 4971
prec.
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133 STAT. 3121 PUBLIC LAW 116–94—DEC. 20, 2019
(A) I
N GENERAL
.—Out of any money in the Treasury
of the United States not otherwise appropriated, there
are appropriated to the Secretary, for payment to each
State that was operating a demonstration project approved
under section 1130 of the Social Security Act on September
30, 2019, for each fiscal year specified in subparagraph
(B) of this paragraph, an amount equal to the amount
(if any) by which—
(i)(I) the applicable percentage for the fiscal year
so specified of the maximum capped allocation due
to the State or sub-State jurisdiction for fiscal year
2019 for foster care maintenance, administration, or
training costs, under the demonstration project, as
specified in section 4.3 of the State waiver terms and
conditions document capped allocation payment table
in effect on August 31, 2019; or
(II) if the terms and conditions do not specify a
maximum amount payable for fiscal year 2019 for the
State or sub-State jurisdiction (due to the use of a
comparison jurisdiction to ensure cost neutrality), the
final cost neutrality limit for the State or sub-State
jurisdiction for fiscal year 2018, as most recently
reported by the State or sub-State jurisdiction as of
September 30, 2019, for foster care maintenance,
administration, or training costs under the demonstra-
tion project that were included in the waiver; exceeds
(ii) the total amount payable to the State or sub-
State jurisdiction under part E of title IV of such
Act for the fiscal year so specified for foster care
expenditures (whether payable under paragraph (1)
or (3) of section 474(a) of such Act) that were mainte-
nance, administration, or training costs of the dem-
onstration project taken into account by the Secretary
in determining the total amount referred to in clause
(i) of this subparagraph.
(B) A
PPLICABLE PERCENTAGE DEFINED
.—In this
subparagraph, the term ‘‘applicable percentage’’ means—
(i) 90 percent, in the case of fiscal year 2020;
or
(ii) 75 percent, in the case of fiscal year 2021.
(C) S
PECIAL RULE
.—The calculation under subpara-
graph (A) with respect to a State shall be made without
regard to—
(i) any change approved after August 31, 2019,
in the capped allocation or the terms and conditions
referred to in clause (i) of subparagraph (A) with
respect to the State; or
(ii) any change made after such date to the finan-
cial form submitted by the State that is used in deter-
mining the capped allocation.
(D) D
ISTRIBUTION OF FUNDS
.—Each State that receives
funds under this paragraph shall distribute the funds to
jurisdictions in the State that were operating demonstra-
tion projects under section 1130 of the Social Security
Act in a manner consistent with each sub-State jurisdic-
tion’s proportionate loss as compared with fiscal year 2019.
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133 STAT. 3122 PUBLIC LAW 116–94—DEC. 20, 2019
(E) R
ECONCILIATION PROCESS
.—Each State seeking a
payment under this paragraph shall report expenditures
pursuant to part E of title IV of the Social Security Act
(42 U.S.C. 670 et seq.) in a manner determined by the
Secretary and the Secretary shall account for any revisions
to spending for fiscal years 2020 and 2021 after the end
of the respective fiscal year that are reported by the State
agency administering the State plan approved under such
part, and received by the Department of Health and Human
Services, within 2 years after the last day of the fiscal
quarter in which the expenditure was made.
(F) A
VAILABILITY OF FUNDS
.—The amounts made avail-
able for payments to States under this paragraph for a
fiscal year shall remain available through the end of the
third succeeding fiscal year.
(3) U
SE OF FUNDS
.—
(A) I
N GENERAL
.—In addition to the purposes specified
in part B of title IV of the Social Security Act (42 U.S.C.
671 et seq.), a State may use funds provided under this
subsection for activities previously funded under a dem-
onstration project under section 1130 of such Act (42 U.S.C.
1320a–9) to reduce any adverse fiscal impacts as jurisdic-
tions transition funding sources for the projects, and for
activities directly associated with the implementation of
title VII of division E of Public Law 115–123 (also known
as the Family First Prevention Services Act).
(B) L
IMITATION
.—None of the funds provided under
this subsection may be used to match Federal funds under
any program.
(d) R
EPORTING ON
E
NHANCED
F
UNDING FOR
T
RANSITION
A
CTIVI
-
TIES
.—
(1) I
N GENERAL
.—Each State to which funds are paid under
subsection (c) of this section shall submit to the Secretary,
in a manner specified by the Secretary, a written report on—
(A) how the grant is used to implement each part
of title VII of division E of Public Law 115–123 (also
known as the Family First Prevention Services Act), with
a separate statement with respect to each such part;
(B) all programs, services, and operational costs to
which the grant is put;
(C) the characteristics of the families and children
served by use of the grant; and
(D)(i) the use by the State of amounts provided for
each fiscal year to continue activities previously funded
under a waiver provided under section 1130 of the Social
Security Act (42 U.S.C. 1320a–9); and
(ii)(I) the plan of the State to transition the activities
so that needed activities can be provided under the State
plan approved under part E of title IV of the Social Security
Act (42 U.S.C. 670 et seq.); or
(II) if expenditures for the activities would not be
eligible for payment under the State plan approved under
such part E—
(aa) the reason therefor; and
(bb) the funding sources the State plans to use
to cover the costs of needed activities.
Plan.
Reports.
Determination.
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133 STAT. 3123 PUBLIC LAW 116–94—DEC. 20, 2019
(2) A
PPLICABILITY OF OTHER LAWS
.—For purposes of subpart
2 of part B of title IV of the Social Security Act (42 U.S.C.
629 et seq.), each report required by paragraph (1) of this
subsection shall be considered to be required by section
432(a)(8) of such Act (42 U.S.C. 629b(a)(8)), and shall contain
such additional information as the Secretary may require.
(e) D
EFINITION OF
S
TATE
.—In this section, the term ‘‘State’’
has the meaning given the term in section 431(a)(4) of the Social
Security Act (42 U.S.C. 629a(a)(4)).
(f) R
ENAMING OF
T
ITLE
IV–B–2
OF THE
S
OCIAL
S
ECURITY
A
CT
.—
The subpart heading for subpart 2 of part B of title IV of the
Social Security Act is amended by striking ‘‘Promoting Safe and
Stable Families’’ and inserting ‘‘MaryLee Allen Promoting Safe
and Stable Families Program’’.
(g) E
FFECTIVE
D
ATE
.—This section and the amendments made
by this section shall take effect as if included in the Bipartisan
Budget Act of 2018 on the date of the enactment of such Act.
(h) T
ECHNICAL
C
ORRECTION
.—Section 50701 of the Bipartisan
Budget Act of 2018 (42 U.S.C. 1305 note; Public Law 115–123)
is amended by striking ‘‘Bipartisan Budget Act of 2018’’ and
inserting ‘‘Family First Prevention Services Act’’.
SEC. 603. MINIMUM AGE OF SALE OF TOBACCO PRODUCTS.
(a) I
N
G
ENERAL
.—Section 906(d) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 387f(d)) is amended—
(1) in paragraph (3)(A)(ii), by striking ‘‘18 years’’ and
inserting ‘‘21 years’’; and
(2) by adding at the end the following:
‘‘(5) M
INIMUM AGE OF SALE
.—It shall be unlawful for any
retailer to sell a tobacco product to any person younger than
21 years of age.’’.
(b) R
EGULATIONS
.—
(1) I
N GENERAL
.—Not later than 180 days after the date
of enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ‘‘Secretary’’) shall
publish in the Federal Register a final rule to update the
regulations issued under chapter IX of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 387 et seq.) as appropriate, only
to carry out the amendments made by subsection (a), including
to update all references to persons younger than 18 years
of age in subpart B of part 1140 of title 21, Code of Federal
Regulations, and to update the relevant age verification require-
ments under such part 1140 to require age verification for
individuals under the age of 30. Such final rule shall—
(A) take full effect not later than 90 days after the
date on which such final rule is published; and
(B) be deemed to be in compliance with all applicable
provisions of chapter 5 of title 5, United States Code and
all other provisions of law relating to rulemaking proce-
dures.
(2) O
THER REGULATIONS
.—Prior to making amendments
to part 1140 of title 21, Code of Federal Regulations other
than the amendments described in paragraph (1), the Secretary
shall promulgate a proposed rule in accordance with chapter
5 of title 5, United States Code.
Deadlines.
Federal Register,
publication.
21 USC 387f
note.
42 USC 674 note.
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133 STAT. 3124 PUBLIC LAW 116–94—DEC. 20, 2019
(c) N
OTIFICATION
.—Not later than 90 days after the date of
enactment of this Act, the Secretary shall provide written notifica-
tion to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of
the House of Representatives regarding the progress of the Depart-
ment of Health and Human Services towards promulgating the
final rule under subsection (b). If, 180 days after the date of enact-
ment of this Act, such rule has not been promulgated in accordance
with subsection (b), the Secretary shall provide a written notifica-
tion and a justification for the delay in rulemaking to such commit-
tees.
(d) P
ENALTIES FOR
V
IOLATIONS
.—
(1) I
N GENERAL
.—Section 103(q)(2) of the Family Smoking
Prevention and Tobacco Control Act (Public Law 111–31) is
amended—
(A) in subparagraph (A), in the matter preceding clause
(i), by inserting ‘‘section 906(d)(5) or of’’ after ‘‘violations
of’’; and
(B) in subparagraph (C), by inserting ‘‘section 906(d)(5)
or of’’ after ‘‘a retailer of’’.
(2) R
EPEATED VIOLATIONS
.—Section 303(f)(8) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(8)) is amended
by inserting ‘‘section 906(d)(5) or of’’ after ‘‘repeated violations
of’’.
(3) M
ISBRANDED PRODUCTS
.—Section 903(a)(7)(B) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387c) is
amended by inserting ‘‘section 906(d)(5) or of’’ after ‘‘violation
of’’.
SEC. 604. SALE OF TOBACCO PRODUCTS TO INDIVIDUALS UNDER THE
AGE OF 21.
(a) I
N
G
ENERAL
.—Section 1926 of the Public Health Service
Act (42 U.S.C. 300x–26) is amended—
(1) in the heading—
(A) by striking ‘‘
STATE LAW REGARDING
’’; and
(B) by striking ‘‘
18
’’ and inserting ‘‘
21
’’;
(2) by striking subsections (a) and (d);
(3) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(4) by amending subsection (a), as so redesignated, to read
as follows:
‘‘(a) I
N
G
ENERAL
.—A funding agreement for a grant under
section 1921 is that the State involved will—
‘‘(1) annually conduct random, unannounced inspections
to ensure that retailers do not sell tobacco products to individ-
uals under the age of 21; and
‘‘(2) annually submit to the Secretary a report describing—
‘‘(A) the activities carried out by the State to ensure
that retailers do not sell tobacco products to individuals
under the age of 21;
‘‘(B) the extent of success the State has achieved in
ensuring that retailers do not sell tobacco products to
individuals under the age of 21; and
‘‘(C) the strategies to be utilized by the State to ensure
that retailers do not sell tobacco products to individuals
under the age of 21 during the fiscal year for which the
grant is sought.’’;
Strategies.
Reports.
21 USC 333 note.
Time period.
Deadline.
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133 STAT. 3125 PUBLIC LAW 116–94—DEC. 20, 2019
(5) in subsection (b), as so redesignated—
(A) by striking paragraphs (1), (2), (3), and (4);
(B) by striking ‘‘Before making’’ and inserting the fol-
lowing:
‘‘(1) I
N GENERAL
.—Before making’’;
(C) by striking ‘‘for the first applicable fiscal year or
any subsequent fiscal year’’;
(D) by striking ‘‘subsections (a) and (b)’’ and inserting
‘‘subsection (a)’’;
(E) by striking ‘‘equal to—’’ and inserting ‘‘up to 10
percent of the amount determined under section 1933 for
the State for the applicable fiscal year.’’; and
(F) by adding at the end the following:
‘‘(2) L
IMITATION
.—
‘‘(A) I
N GENERAL
.—A State shall not have funds with-
held pursuant to paragraph (1) if such State for which
the Secretary has made a determination of noncompliance
under such paragraph—
‘‘(i) certifies to the Secretary by May 1 of the
fiscal year for which the funds are appropriated, con-
sistent with subparagraph (B), that the State will
commit additional State funds, in accordance with
paragraph (1), to ensure that retailers do not sell
tobacco products to individuals under 21 years of age;
‘‘(ii) agrees to comply with a negotiated agreement
for a corrective action plan that is approved by the
Secretary and carried out in accordance with guidelines
issued by the Secretary; or
‘‘(iii) is a territory that receives less than
$1,000,000 for a fiscal year under section 1921.
‘‘(B) C
ERTIFICATION
.—
‘‘(i) I
N GENERAL
.—The amount of funds to be com-
mitted by a State pursuant to subparagraph (A)(i) shall
be equal to 1 percent of such State’s substance abuse
allocation determined under section 1933 for each
percentage point by which the State misses the retailer
compliance rate goal established by the Secretary.
‘‘(ii) S
TATE EXPENDITURES
.—For a fiscal year in
which a State commits funds as described in clause
(i), such State shall maintain State expenditures for
tobacco prevention programs and for compliance activi-
ties at a level that is not less than the level of such
expenditures maintained by the State for the preceding
fiscal year, plus the additional funds for tobacco compli-
ance activities required under clause (i). The State
shall submit a report to the Secretary on all State
obligations of funds for such fiscal year and all State
expenditures for the preceding fiscal year for tobacco
prevention and compliance activities by program
activity by July 31 of such fiscal year.
‘‘(iii) D
ISCRETION
.—The Secretary shall exercise
discretion in enforcing the timing of the State obliga-
tion of the additional funds required by the certification
described in subparagraph (A)(i) as late as July 31
of such fiscal year.
‘‘(C) F
AILURE TO CERTIFY
.—If a State described in
subparagraph (A) fails to certify to the Secretary pursuant
Reports.
Certification.
Deadline.
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133 STAT. 3126 PUBLIC LAW 116–94—DEC. 20, 2019
to subparagraph (A)(i) or enter into, or comply with, a
negotiated agreement under subparagraph (A)(ii), the Sec-
retary may take action pursuant to paragraph (1).’’; and
(6) by adding at the end the following:
‘‘(c) I
MPLEMENTATION OF
R
EPORTING
R
EQUIREMENTS
.—
‘‘(1) T
RANSITION PERIOD
.—The Secretary shall—
‘‘(A) not withhold amounts under subsection (b) for
the 3-year period immediately following the date of enact-
ment of division N of the Further Consolidated Appropria-
tions Act, 2020; and
‘‘(B) use discretion in exercising its authority under
subsection (b) during the 2-year period immediately fol-
lowing the 3-year period described in subparagraph (A),
to allow for a transition period for implementation of the
reporting requirements under subsection (a)(2).
‘‘(2) R
EGULATIONS OR GUIDANCE
.—Not later than 180 days
after the date of enactment of division N of the Further Consoli-
dated Appropriations Act, 2020, the Secretary shall update
regulations under part 96 of title 45, Code of Federal Regula-
tions or guidance on the retailer compliance rate goal under
subsection (b), the use of funds provided under section 1921
for purposes of meeting the requirements of this section, and
reporting requirements under subsection (a)(2).
‘‘(3) C
OORDINATION
.—The Secretary shall ensure the Assist-
ant Secretary for Mental Health and Substance Use coordi-
nates, as appropriate, with the Commissioner of Food and
Drugs to ensure that the technical assistance provided to States
under subsection (e) is consistent with applicable regulations
for retailers issued under part 1140 of title 21, Code of Federal
Regulations.
‘‘(d) T
RANSITIONAL
G
RANTS
.—
‘‘(1) I
N GENERAL
.—The Secretary shall award grants under
this subsection to each State that receives funding under section
1921 to ensure compliance of each such State with this section.
‘‘(2) U
SE OF FUNDS
.—A State receiving a grant under this
subsection—
‘‘(A) shall use amounts received under such grant for
activities to plan for or ensure compliance in the State
with subsection (a); and
‘‘(B) in the case of a State for which the Secretary
has made a determination under subsection (b) that the
State is prepared to meet, or has met, the requirements
of subsection (a), may use such funds for tobacco cessation
activities, strategies to prevent the use of tobacco products
by individuals under the age of 21, or allowable uses under
section 1921.
‘‘(3) S
UPPLEMENT NOT SUPPLANT
.—Grants under this sub-
section shall be used to supplement and not supplant other
Federal, State, and local public funds provided for activities
under paragraph (2).
‘‘(4) A
UTHORIZATION OF APPROPRIATIONS
.—To carry out this
subsection, there are authorized to be appropriated $18,580,790
for each of fiscal years 2020 through 2024.
‘‘(5) S
UNSET
.—This subsection shall have no force or effect
after September 30, 2024.
Deadline.
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133 STAT. 3127 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(e) T
ECHNICAL
A
SSISTANCE
.—The Secretary shall provide tech-
nical assistance to States related to the activities required under
this section.’’.
(b) R
EPORT TO
C
ONGRESS
.—Not later than 3 years after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report on the status of implementing the require-
ments of section 1926 of the Public Health Service Act (42 U.S.C.
300x–26), as amended by subsection (a), and a description of any
technical assistance provided under subsection (e) of such section,
including the number of meetings requested and held related to
technical assistance.
(c) C
ONFORMING
A
MENDMENT
.—Section 212 of division D of
the Consolidated Appropriations Act, 2010 (Public Law 111–117)
is repealed.
SEC. 605. BIOLOGICAL PRODUCT DEFINITION.
Section 351(i)(1) of the Public Health Service Act (42 U.S.C.
262(i)(1)) is amended by striking ‘‘(except any chemically syn-
thesized polypeptide)’’.
SEC. 606. PROTECTING ACCESS TO BIOLOGICAL PRODUCTS.
Section 351(k)(7) of the Public Health Service Act (42 U.S.C.
262(k)(7)) is amended by adding at the end the following:
‘‘(D) D
EEMED LICENSES
.—
‘‘(i) N
O ADDITIONAL EXCLUSIVITY THROUGH
DEEMING
.—An approved application that is deemed to
be a license for a biological product under this section
pursuant to section 7002(e)(4) of the Biologics Price
Competition and Innovation Act of 2009 shall not be
treated as having been first licensed under subsection
(a) for purposes of subparagraphs (A) and (B).
‘‘(ii) A
PPLICATION OF LIMITATIONS ON EXCLU
-
SIVITY
.—Subparagraph (C) shall apply with respect to
a reference product referred to in such subparagraph
that was the subject of an approved application that
was deemed to be a license pursuant to section
7002(e)(4) of the Biologics Price Competition and
Innovation Act of 2009.
‘‘(iii) A
PPLICABILITY
.—The exclusivity periods
described in section 527, section 505A(b)(1)(A)(ii), and
section 505A(c)(1)(A)(ii) of the Federal Food, Drug, and
Cosmetic Act shall continue to apply to a biological
product after an approved application for the biological
product is deemed to be a license for the biological
product under subsection (a) pursuant to section
7002(e)(4) of the Biologics Price Competition and
Innovation Act of 2009.’’.
SEC. 607. STREAMLINING THE TRANSITION OF BIOLOGICAL PROD-
UCTS.
Section 7002(e)(4) of the Biologics Price Competition and
Innovation Act of 2009 (Public Law 111–148) is amended—
(1) by striking ‘‘An approved application’’ and inserting
the following:
‘‘(A) I
N GENERAL
.—An approved application’’; and
(2) by adding at the end the following:
42 USC 262 note.
Repeal.
42 USC
300x–26a.
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133 STAT. 3128 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(B) T
REATMENT OF CERTAIN APPLICATIONS
.—
‘‘(i) I
N GENERAL
.—With respect to an application
for a biological product submitted under subsection
(b) or (j) of section 505 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355) that is filed not
later than March 23, 2019, and is not approved as
of March 23, 2020, the Secretary shall continue to
review such application under such section 505 after
March 23, 2020.
‘‘(ii) E
FFECT ON LISTED DRUGS
.—Only for purposes
of carrying out clause (i), with respect to any applicable
listed drug with respect to such application, the fol-
lowing shall apply:
‘‘(I) Any drug that is a biological product that
has been deemed licensed under section 351 of
the Public Health Service Act (42 U.S.C. 262)
pursuant to subparagraph (A) and that is ref-
erenced in an application described in clause (i),
shall continue to be identified as a listed drug
on the list published pursuant to section 505(j)(7)
of the Federal Food, Drug, and Cosmetic Act, and
the information for such drug on such list shall
not be revised after March 20, 2020, until—
‘‘(aa) such drug is removed from such list
in accordance with subclause (III) or subpara-
graph (C) of such section 505(j)(7); or
‘‘(bb) this subparagraph no longer has
force or effect.
‘‘(II) Any drug that is a biological product that
has been deemed licensed under section 351 of
the Public Health Service Act (42 U.S.C. 262)
pursuant to subparagraph (A) and that is ref-
erenced in an application described in clause (i)
shall be subject only to requirements applicable
to biological products licensed under such section.
‘‘(III) Upon approval under subsection (c) or
(j) of section 505 of the Federal Food, Drug, and
Cosmetic Act of an application described in clause
(i), the Secretary shall remove from the list pub-
lished pursuant to section 505(j)(7) of the Federal
Food, Drug, and Cosmetic Act any listed drug that
is a biological product that has been deemed
licensed under section 351 of the Public Health
Service Act pursuant to subparagraph (A) and that
is referenced in such approved application, unless
such listed drug is referenced in one or more addi-
tional applications described in clause (i).
‘‘(iii) D
EEMED LICENSURE
.—Upon approval of an
application described in clause (i), such approved
application shall be deemed to be a license for the
biological product under section 351 of the Public
Health Service Act.
‘‘(iv) R
ULE OF CONSTRUCTION
.—
‘‘(I) A
PPLICATION OF CERTAIN PROVISIONS
.—
‘‘(aa) P
ATENT CERTIFICATION OR STATE
-
MENT
.—An application described in clause (i)
Termination
date.
Deadlines.
Review.
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133 STAT. 3129 PUBLIC LAW 116–94—DEC. 20, 2019
shall contain a patent certification or state-
ment described in, as applicable, section
505(b)(2) of the Federal Food, Drug, and Cos-
metic Act or clauses (vii) and (viii) of section
505(j)(2)(A) of such Act and, with respect to
any listed drug referenced in such application,
comply with related requirements concerning
any timely filed patent information listed
pursuant to section 505(j)(7) of such Act.
‘‘(bb) D
ATE OF APPROVAL
.—The earliest
possible date on which any pending application
described in clause (i) may be approved shall
be determined based on—
‘‘(AA) the last expiration date of any
applicable period of exclusivity that would
prevent such approval and that is
described in section 505(c)(3)(E),
505(j)(5)(B)(iv), 505(j)(5)(F), 505A, 505E,
or 527 of the Federal Food, Drug, and
Cosmetic Act; and
‘‘(BB) if the application was submitted
pursuant to section 505(b)(2) of the Fed-
eral Food, Drug, and Cosmetic Act and
references any listed drug, the last
applicable date determined under
subparagraph (A), (B), or (C) of section
505(c)(3) of such Act, or, if the application
was submitted under section 505(j) of such
Act, the last applicable date determined
under clause (i), (ii), or (iii) of section
505(j)(5)(B) of such Act.
‘‘(II) E
XCLUSIVITY
.—Nothing in this subpara-
graph shall be construed to affect section
351(k)(7)(D) of the Public Health Service Act.
‘‘(v) L
ISTING
.—The Secretary may continue to
review an application after March 23, 2020, pursuant
to clause (i), and continue to identify any applicable
listed drug pursuant to clause (ii) on the list published
pursuant to section 505(j)(7) of the Federal Food, Drug,
and Cosmetic Act, even if such review or listing may
reveal the existence of such application and the identity
of any listed drug for which the investigations
described in section 505(b)(1)(A) of the Federal Food,
Drug, and Cosmetic Act are relied upon by the
applicant for approval of the pending application.
Nothing in this subparagraph shall be construed as
authorizing the Secretary to disclose any other
information that is a trade secret or confidential
information described in section 552(b)(4) of title 5,
United States Code.
‘‘(vi) S
UNSET
.—Beginning on October 1, 2022, this
subparagraph shall have no force or effect and any
applications described in clause (i) that have not been
approved shall be deemed withdrawn.’’.
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133 STAT. 3130 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 608. REENROLLMENT OF CERTAIN INDIVIDUALS IN QUALIFIED
HEALTH PLANS IN CERTAIN EXCHANGES.
Section 1311(c) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18031(c)) is amended by adding the end the following
new paragraph:
‘‘(7) R
EENROLLMENT OF CERTAIN INDIVIDUALS IN QUALIFIED
HEALTH PLANS IN CERTAIN EXCHANGES
.—
‘‘(A) I
N GENERAL
.—In the case of an Exchange that
the Secretary operates pursuant to section 1321(c)(1), the
Secretary shall establish a process under which an indi-
vidual described in subparagraph (B) is reenrolled for plan
year 2021 in a qualified health plan offered through such
Exchange. Such qualified health plan under which such
individual is so reenrolled shall be—
‘‘(i) if available for plan year 2021, the qualified
health plan under which such individual is enrolled
during the annual open enrollment period for such
plan year; and
‘‘(ii) if such qualified health plan is not available
for plan year 2021, a qualified health plan offered
through such Exchange determined appropriate by the
Secretary.
‘‘(B) I
NDIVIDUAL DESCRIBED
.—An individual described
in this subsection is an individual who, with respect to
plan year 2020—
‘‘(i) resides in a State with an Exchange described
in subparagraph (A);
‘‘(ii) is enrolled in a qualified health plan during
such plan year and does not enroll in a qualified health
plan for plan year 2021 during the annual open enroll-
ment period for such plan year 2021; and
‘‘(iii) does not elect to disenroll under a qualified
health plan for plan year 2021 during such annual
open enrollment period.’’.
SEC. 609. PROTECTION OF SILVER LOADING PRACTICE.
With respect to plan year 2021, the Secretary of Health and
Human Services may not take any action to prohibit or otherwise
restrict the practice commonly known as ‘‘silver loading’’ (as
described in the rule entitled ‘‘Patient Protection and Affordable
Care Act; HHS Notice of Benefit and Payment Parameters for
2020’’ published on April 25, 2019 (84 Fed. Reg. 17533)).
SEC. 610. ACTIONS FOR DELAYS OF GENERIC DRUGS AND BIOSIMILAR
BIOLOGICAL PRODUCTS.
(a) D
EFINITIONS
.—In this section—
(1) the term ‘‘commercially reasonable, market-based
terms’’ means—
(A) a nondiscriminatory price for the sale of the covered
product at or below, but not greater than, the most recent
wholesale acquisition cost for the drug, as defined in section
1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–
3a(c)(6)(B));
(B) a schedule for delivery that results in the transfer
of the covered product to the eligible product developer
consistent with the timing under subsection (b)(2)(A)(iv);
and
21 USC 355–2.
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133 STAT. 3131 PUBLIC LAW 116–94—DEC. 20, 2019
(C) no additional conditions are imposed on the sale
of the covered product;
(2) the term ‘‘covered product’’—
(A) means—
(i) any drug approved under subsection (c) or (j)
of section 505 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355) or biological product licensed under
subsection (a) or (k) of section 351 of the Public Health
Service Act (42 U.S.C. 262);
(ii) any combination of a drug or biological product
described in clause (i); or
(iii) when reasonably necessary to support
approval of an application under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355),
or section 351 of the Public Health Service Act (42
U.S.C. 262), as applicable, or otherwise meet the
requirements for approval under either such section,
any product, including any device, that is marketed
or intended for use with such a drug or biological
product; and
(B) does not include any drug or biological product
that appears on the drug shortage list in effect under
section 506E of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 356e), unless—
(i) the drug or biological product has been on the
drug shortage list in effect under such section 506E
continuously for more than 6 months; or
(ii) the Secretary determines that inclusion of the
drug or biological product as a covered product is likely
to contribute to alleviating or preventing a shortage.
(3) the term ‘‘device’’ has the meaning given the term
in section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321);
(4) the term ‘‘eligible product developer’’ means a person
that seeks to develop a product for approval pursuant to an
application for approval under subsection (b)(2) or (j) of section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) or for licensing pursuant to an application under section
351(k) of the Public Health Service Act (42 U.S.C. 262(k));
(5) the term ‘‘license holder’’ means the holder of an applica-
tion approved under subsection (c) or (j) of section 505 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355)
or the holder of a license under subsection (a) or (k) of section
351 of the Public Health Service Act (42 U.S.C. 262) for a
covered product;
(6) the term ‘‘REMS’’ means a risk evaluation and mitiga-
tion strategy under section 505–1 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355–1);
(7) the term ‘‘REMS with ETASU’’ means a REMS that
contains elements to assure safe use under section 505–1(f)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–
1(f));
(8) the term ‘‘Secretary’’ means the Secretary of Health
and Human Services;
(9) the term ‘‘single, shared system of elements to assure
safe use’’ means a single, shared system of elements to assure
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133 STAT. 3132 PUBLIC LAW 116–94—DEC. 20, 2019
safe use under section 505–1(f) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355–1(f)); and
(10) the term ‘‘sufficient quantities’’ means an amount of
a covered product that the eligible product developer determines
allows it to—
(A) conduct testing to support an application under—
(i) subsection (b)(2) or (j) of section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355);
or
(ii) section 351(k) of the Public Health Service
Act (42 U.S.C. 262(k)); and
(B) fulfill any regulatory requirements relating to
approval of such an application.
(b) C
IVIL
A
CTION FOR
F
AILURE
T
O
P
ROVIDE
S
UFFICIENT
Q
UAN
-
TITIES OF A
C
OVERED
P
RODUCT
.—
(1) I
N GENERAL
.—An eligible product developer may bring
a civil action against the license holder for a covered product
seeking relief under this subsection in an appropriate district
court of the United States alleging that the license holder
has declined to provide sufficient quantities of the covered
product to the eligible product developer on commercially
reasonable, market-based terms.
(2) E
LEMENTS
.—
(A) I
N GENERAL
.—To prevail in a civil action brought
under paragraph (1), an eligible product developer shall
prove, by a preponderance of the evidence—
(i) that—
(I) the covered product is not subject to a
REMS with ETASU; or
(II) if the covered product is subject to a REMS
with ETASU—
(aa) the eligible product developer has
obtained a covered product authorization from
the Secretary in accordance with subpara-
graph (B); and
(bb) the eligible product developer has pro-
vided a copy of the covered product authoriza-
tion to the license holder;
(ii) that, as of the date on which the civil action
is filed, the eligible product developer has not obtained
sufficient quantities of the covered product on commer-
cially reasonable, market-based terms;
(iii) that the eligible product developer has sub-
mitted a written request to purchase sufficient quan-
tities of the covered product to the license holder, and
such request—
(I) was sent to a named corporate officer of
the license holder;
(II) was made by certified or registered mail
with return receipt requested;
(III) specified an individual as the point of
contact for the license holder to direct communica-
tions related to the sale of the covered product
to the eligible product developer and a means for
electronic and written communications with that
individual; and
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133 STAT. 3133 PUBLIC LAW 116–94—DEC. 20, 2019
(IV) specified an address to which the covered
product was to be shipped upon reaching an agree-
ment to transfer the covered product; and
(iv) that the license holder has not delivered to
the eligible product developer sufficient quantities of
the covered product on commercially reasonable,
market-based terms—
(I) for a covered product that is not subject
to a REMS with ETASU, by the date that is 31
days after the date on which the license holder
received the request for the covered product; and
(II) for a covered product that is subject to
a REMS with ETASU, by 31 days after the later
of—
(aa) the date on which the license holder
received the request for the covered product;
or
(bb) the date on which the license holder
received a copy of the covered product
authorization issued by the Secretary in
accordance with subparagraph (B).
(B) A
UTHORIZATION FOR COVERED PRODUCT SUBJECT
TO A REMS WITH ETASU
.—
(i) R
EQUEST
.—An eligible product developer may
submit to the Secretary a written request for the
eligible product developer to be authorized to obtain
sufficient quantities of an individual covered product
subject to a REMS with ETASU.
(ii) A
UTHORIZATION
.—Not later than 120 days after
the date on which a request under clause (i) is received,
the Secretary shall, by written notice, authorize the
eligible product developer to obtain sufficient quan-
tities of an individual covered product subject to a
REMS with ETASU for purposes of—
(I) development and testing that does not
involve human clinical trials, if the eligible product
developer has agreed to comply with any conditions
the Secretary determines necessary; or
(II) development and testing that involves
human clinical trials, if the eligible product devel-
oper has—
(aa)(AA) submitted protocols, informed
consent documents, and informational mate-
rials for testing that include protections that
provide safety protections comparable to those
provided by the REMS for the covered product;
or
(BB) otherwise satisfied the Secretary that
such protections will be provided; and
(bb) met any other requirements the Sec-
retary may establish.
(iii) N
OTICE
.—A covered product authorization
issued under this subparagraph shall state that the
provision of the covered product by the license holder
under the terms of the authorization will not be a
violation of the REMS for the covered product.
Determination.
Deadline.
Notice.
Deadlines.
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133 STAT. 3134 PUBLIC LAW 116–94—DEC. 20, 2019
(3) A
FFIRMATIVE DEFENSE
.—In a civil action brought under
paragraph (1), it shall be an affirmative defense, on which
the defendant has the burden of persuasion by a preponderance
of the evidence—
(A) that, on the date on which the eligible product
developer requested to purchase sufficient quantities of
the covered product from the license holder—
(i) neither the license holder nor any of its agents,
wholesalers, or distributors was engaged in the manu-
facturing or commercial marketing of the covered
product; and
(ii) neither the license holder nor any of its agents,
wholesalers, or distributors otherwise had access to
inventory of the covered product to supply to the
eligible product developer on commercially reasonable,
market-based terms;
(B) that—
(i) the license holder sells the covered product
through agents, distributors, or wholesalers;
(ii) the license holder has placed no restrictions,
explicit or implicit, on its agents, distributors, or whole-
salers to sell covered products to eligible product devel-
opers; and
(iii) the covered product can be purchased by the
eligible product developer in sufficient quantities on
commercially reasonable, market-based terms from the
agents, distributors, or wholesalers of the license
holder; or
(C) that the license holder made an offer to the indi-
vidual specified pursuant to paragraph (2)(A)(iii)(III), by
a means of communication (electronic, written, or both)
specified pursuant to such paragraph, to sell sufficient
quantities of the covered product to the eligible product
developer at commercially reasonable market-based
terms—
(i) for a covered product that is not subject to
a REMS with ETASU, by the date that is 14 days
after the date on which the license holder received
the request for the covered product, and the eligible
product developer did not accept such offer by the
date that is 7 days after the date on which the eligible
product developer received such offer from the license
holder; or
(ii) for a covered product that is subject to a REMS
with ETASU, by the date that is 20 days after the
date on which the license holder received the request
for the covered product, and the eligible product devel-
oper did not accept such offer by the date that is
10 days after the date on which the eligible product
developer received such offer from the license holder.
(4) R
EMEDIES
.—
(A) I
N GENERAL
.—If an eligible product developer pre-
vails in a civil action brought under paragraph (1), the
court shall—
(i) order the license holder to provide to the eligible
product developer without delay sufficient quantities
Courts.
Deadlines.
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133 STAT. 3135 PUBLIC LAW 116–94—DEC. 20, 2019
of the covered product on commercially reasonable,
market-based terms;
(ii) award to the eligible product developer reason-
able attorney’s fees and costs of the civil action; and
(iii) award to the eligible product developer a
monetary amount sufficient to deter the license holder
from failing to provide eligible product developers with
sufficient quantities of a covered product on commer-
cially reasonable, market-based terms, if the court
finds, by a preponderance of the evidence—
(I) that the license holder delayed providing
sufficient quantities of the covered product to the
eligible product developer without a legitimate
business justification; or
(II) that the license holder failed to comply
with an order issued under clause (i).
(B) M
AXIMUM MONETARY AMOUNT
.—A monetary
amount awarded under subparagraph (A)(iii) shall not be
greater than the revenue that the license holder earned
on the covered product during the period—
(i) beginning on—
(I) for a covered product that is not subject
to a REMS with ETASU, the date that is 31 days
after the date on which the license holder received
the request; or
(II) for a covered product that is subject to
a REMS with ETASU, the date that is 31 days
after the later of—
(aa) the date on which the license holder
received the request; or
(bb) the date on which the license holder
received a copy of the covered product
authorization issued by the Secretary in
accordance with paragraph (2)(B); and
(ii) ending on the date on which the eligible product
developer received sufficient quantities of the covered
product.
(C) A
VOIDANCE OF DELAY
.—The court may issue an
order under subparagraph (A)(i) before conducting further
proceedings that may be necessary to determine whether
the eligible product developer is entitled to an award under
clause (ii) or (iii) of subparagraph (A), or the amount of
any such award.
(c) L
IMITATION OF
L
IABILITY
.—A license holder for a covered
product shall not be liable for any claim under Federal, State,
or local law arising out of the failure of an eligible product developer
to follow adequate safeguards to assure safe use of the covered
product during development or testing activities described in this
section, including transportation, handling, use, or disposal of the
covered product by the eligible product developer.
(d) N
O
V
IOLATION OF
REMS.—Section 505–1 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355–1) is amended by
adding at the end the following new subsection:
‘‘(l) P
ROVISION OF
S
AMPLES
N
OT A
V
IOLATION OF
S
TRATEGY
.—
The provision of samples of a covered product to an eligible product
developer (as those terms are defined in section 610(a) of division
N of the Further Consolidated Appropriations Act, 2020) shall not
Termination
date.
Effective dates.
Time periods.
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133 STAT. 3136 PUBLIC LAW 116–94—DEC. 20, 2019
be considered a violation of the requirements of any risk evaluation
and mitigation strategy that may be in place under this section
for such drug.’’.
(e) R
ULE OF
C
ONSTRUCTION
.—
(1) D
EFINITION
.—In this subsection, the term ‘‘antitrust
laws’’—
(A) has the meaning given the term in subsection
(a) of the first section of the Clayton Act (15 U.S.C. 12);
and
(B) includes section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) to the extent that such section applies
to unfair methods of competition.
(2) A
NTITRUST LAWS
.—Nothing in this section shall be con-
strued to limit the operation of any provision of the antitrust
laws.
(f) REMS A
PPROVAL
P
ROCESS FOR
S
UBSEQUENT
F
ILERS
.—Sec-
tion 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355–1), as amended by subsection (d), is further amended—
(1) in subsection (g)(4)(B)—
(A) in clause (i) by striking ‘‘or’’ after the semicolon;
(B) in clause (ii) by striking the period at the end
and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(iii) accommodate different, comparable aspects
of the elements to assure safe use for a drug that
is the subject of an application under section 505(j),
and the applicable listed drug.’’;
(2) in subsection (i)(1), by striking subparagraph (C) and
inserting the following:
‘‘(C)(i) Elements to assure safe use, if required under
subsection (f) for the listed drug, which, subject to clause
(ii), for a drug that is the subject of an application under
section 505(j) may use—
‘‘(I) a single, shared system with the listed drug
under subsection (f); or
‘‘(II) a different, comparable aspect of the elements
to assure safe use under subsection (f).
‘‘(ii) The Secretary may require a drug that is the
subject of an application under section 505(j) and the listed
drug to use a single, shared system under subsection (f),
if the Secretary determines that no different, comparable
aspect of the elements to assure safe use could satisfy
the requirements of subsection (f).’’;
(3) in subsection (i), by adding at the end the following:
‘‘(3) S
HARED REMS
.—If the Secretary approves, in accord-
ance with paragraph (1)(C)(i)(II), a different, comparable aspect
of the elements to assure safe use under subsection (f) for
a drug that is the subject of an abbreviated new drug applica-
tion under section 505(j), the Secretary may require that such
different comparable aspect of the elements to assure safe
use can be used with respect to any other drug that is the
subject of an application under section 505(j) or 505(b) that
references the same listed drug.’’; and
(4) by adding at the end the following:
‘‘(m) S
EPARATE
REMS.—When used in this section, the term
‘different, comparable aspect of the elements to assure safe use’
means a risk evaluation and mitigation strategy for a drug that
Definition.
Determination.
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133 STAT. 3137 PUBLIC LAW 116–94—DEC. 20, 2019
is the subject of an application under section 505(j) that uses
different methods or operational means than the strategy required
under subsection (a) for the applicable listed drug, or other applica-
tion under section 505(j) with the same such listed drug, but
achieves the same level of safety as such strategy.’’.
(g) R
ULE OF
C
ONSTRUCTION
.—Nothing in this section, the
amendments made by this section, or in section 505–1 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355–1), shall be construed
as—
(1) prohibiting a license holder from providing an eligible
product developer access to a covered product in the absence
of an authorization under this section; or
(2) in any way negating the applicability of a REMS with
ETASU, as otherwise required under such section 505–1, with
respect to such covered product.
DIVISION O—SETTING EVERY COMMU-
NITY UP FOR RETIREMENT ENHANCE-
MENT
SEC. 1. SHORT TITLE, ETC.
(a) S
HORT
T
ITLE
.—This Act may be cited as the ‘‘Setting Every
Community Up for Retirement Enhancement Act of 2019’’.
(b) T
ABLE OF
C
ONTENTS
.—The table of contents of this Act
is as follows:
Sec. 1. Short title, etc.
TITLE I—EXPANDING AND PRESERVING RETIREMENT SAVINGS
Sec. 101. Multiple employer plans; pooled employer plans.
Sec. 102. Increase in 10 percent cap for automatic enrollment safe harbor after 1st
plan year.
Sec. 103. Rules relating to election of safe harbor 401(k) status.
Sec. 104. Increase in credit limitation for small employer pension plan startup
costs.
Sec. 105. Small employer automatic enrollment credit.
Sec. 106. Certain taxable non-tuition fellowship and stipend payments treated as
compensation for IRA purposes.
Sec. 107. Repeal of maximum age for traditional IRA contributions.
Sec. 108. Qualified employer plans prohibited from making loans through credit
cards and other similar arrangements.
Sec. 109. Portability of lifetime income options.
Sec. 110. Treatment of custodial accounts on termination of section 403(b) plans.
Sec. 111. Clarification of retirement income account rules relating to church-con-
trolled organizations.
Sec. 112. Qualified cash or deferred arrangements must allow long-term employees
working more than 500 but less than 1,000 hours per year to partici-
pate.
Sec. 113. Penalty-free withdrawals from retirement plans for individuals in case of
birth of child or adoption.
Sec. 114. Increase in age for required beginning date for mandatory distributions.
Sec. 115. Special rules for minimum funding standards for community newspaper
plans.
Sec. 116. Treating excluded difficulty of care payments as compensation for deter-
mining retirement contribution limitations.
TITLE II—ADMINISTRATIVE IMPROVEMENTS
Sec. 201. Plan adopted by filing due date for year may be treated as in effect as
of close of year.
Sec. 202. Combined annual report for group of plans.
Sec. 203. Disclosure regarding lifetime income.
26 USC 1 note.
Setting Every
Community Up
for Retirement
Enhancement
Act of 2019.
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133 STAT. 3138 PUBLIC LAW 116–94—DEC. 20, 2019
Sec. 204. Fiduciary safe harbor for selection of lifetime income provider.
Sec. 205. Modification of nondiscrimination rules to protect older, longer service
participants.
Sec. 206. Modification of PBGC premiums for CSEC plans.
TITLE III—OTHER BENEFITS
Sec. 301. Benefits provided to volunteer firefighters and emergency medical re-
sponders.
Sec. 302. Expansion of section 529 plans.
TITLE IV—REVENUE PROVISIONS
Sec. 401. Modification of required distribution rules for designated beneficiaries.
Sec. 402. Increase in penalty for failure to file.
Sec. 403. Increased penalties for failure to file retirement plan returns.
Sec. 404. Increase information sharing to administer excise taxes.
TITLE V—TAX RELIEF FOR CERTAIN CHILDREN
Sec. 501. Modification of rules relating to the taxation of unearned income of cer-
tain children.
TITLE VI—ADMINISTRATIVE PROVISIONS
Sec. 601. Provisions relating to plan amendments.
TITLE I—EXPANDING AND PRESERVING
RETIREMENT SAVINGS
SEC. 101. MULTIPLE EMPLOYER PLANS; POOLED EMPLOYER PLANS.
(a) Q
UALIFICATION
R
EQUIREMENTS
.—
(1) I
N GENERAL
.—Section 413 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
‘‘(e) A
PPLICATION OF
Q
UALIFICATION
R
EQUIREMENTS FOR
C
ER
-
TAIN
M
ULTIPLE
E
MPLOYER
P
LANS
W
ITH
P
OOLED
P
LAN
P
ROVIDERS
.—
‘‘(1) I
N GENERAL
.—Except as provided in paragraph (2),
if a defined contribution plan to which subsection (c) applies—
‘‘(A) is maintained by employers which have a common
interest other than having adopted the plan, or
‘‘(B) in the case of a plan not described in subparagraph
(A), has a pooled plan provider,
then the plan shall not be treated as failing to meet the require-
ments under this title applicable to a plan described in section
401(a) or to a plan that consists of individual retirement
accounts described in section 408 (including by reason of sub-
section (c) thereof), whichever is applicable, merely because
one or more employers of employees covered by the plan fail
to take such actions as are required of such employers for
the plan to meet such requirements.
‘‘(2) L
IMITATIONS
.—
‘‘(A) I
N GENERAL
.—Paragraph (1) shall not apply to
any plan unless the terms of the plan provide that in
the case of any employer in the plan failing to take the
actions described in paragraph (1)—
‘‘(i) the assets of the plan attributable to employees
of such employer (or beneficiaries of such employees)
will be transferred to a plan maintained only by such
employer (or its successor), to an eligible retirement
plan as defined in section 402(c)(8)(B) for each indi-
vidual whose account is transferred, or to any other
arrangement that the Secretary determines is appro-
priate, unless the Secretary determines it is in the
Determination.
26 USC 413.
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133 STAT. 3139 PUBLIC LAW 116–94—DEC. 20, 2019
best interests of the employees of such employer (and
the beneficiaries of such employees) to retain the assets
in the plan, and
‘‘(ii) such employer (and not the plan with respect
to which the failure occurred or any other employer
in such plan) shall, except to the extent provided by
the Secretary, be liable for any liabilities with respect
to such plan attributable to employees of such employer
(or beneficiaries of such employees).
‘‘(B) F
AILURES BY POOLED PLAN PROVIDERS
.—If the
pooled plan provider of a plan described in paragraph (1)(B)
does not perform substantially all of the administrative
duties which are required of the provider under paragraph
(3)(A)(i) for any plan year, the Secretary may provide that
the determination as to whether the plan meets the require-
ments under this title applicable to a plan described in
section 401(a) or to a plan that consists of individual retire-
ment accounts described in section 408 (including by reason
of subsection (c) thereof), whichever is applicable, shall
be made in the same manner as would be made without
regard to paragraph (1).
‘‘(3) P
OOLED PLAN PROVIDER
.—
‘‘(A) I
N GENERAL
.—For purposes of this subsection, the
term ‘pooled plan provider’ means, with respect to any
plan, a person who—
‘‘(i) is designated by the terms of the plan as
a named fiduciary (within the meaning of section
402(a)(2) of the Employee Retirement Income Security
Act of 1974), as the plan administrator, and as the
person responsible to perform all administrative duties
(including conducting proper testing with respect to
the plan and the employees of each employer in the
plan) which are reasonably necessary to ensure that—
‘‘(I) the plan meets any requirement applicable
under the Employee Retirement Income Security
Act of 1974 or this title to a plan described in
section 401(a) or to a plan that consists of indi-
vidual retirement accounts described in section 408
(including by reason of subsection (c) thereof),
whichever is applicable, and
‘‘(II) each employer in the plan takes such
actions as the Secretary or such person determines
are necessary for the plan to meet the require-
ments described in subclause (I), including pro-
viding to such person any disclosures or other
information which the Secretary may require or
which such person otherwise determines are nec-
essary to administer the plan or to allow the plan
to meet such requirements,
‘‘(ii) registers as a pooled plan provider with the
Secretary, and provides such other information to the
Secretary as the Secretary may require, before begin-
ning operations as a pooled plan provider,
‘‘(iii) acknowledges in writing that such person
is a named fiduciary (within the meaning of section
402(a)(2) of the Employee Retirement Income Security
Definition.
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133 STAT. 3140 PUBLIC LAW 116–94—DEC. 20, 2019
Act of 1974), and the plan administrator, with respect
to the plan, and
‘‘(iv) is responsible for ensuring that all persons
who handle assets of, or who are fiduciaries of, the
plan are bonded in accordance with section 412 of
the Employee Retirement Income Security Act of 1974.
‘‘(B) A
UDITS
,
EXAMINATIONS AND INVESTIGATIONS
.—The
Secretary may perform audits, examinations, and investiga-
tions of pooled plan providers as may be necessary to
enforce and carry out the purposes of this subsection.
‘‘(C) A
GGREGATION RULES
.—For purposes of this para-
graph, in determining whether a person meets the require-
ments of this paragraph to be a pooled plan provider with
respect to any plan, all persons who perform services for
the plan and who are treated as a single employer under
subsection (b), (c), (m), or (o) of section 414 shall be treated
as one person.
‘‘(D) T
REATMENT OF EMPLOYERS AS PLAN SPONSORS
.—
Except with respect to the administrative duties of the
pooled plan provider described in subparagraph (A)(i), each
employer in a plan which has a pooled plan provider shall
be treated as the plan sponsor with respect to the portion
of the plan attributable to employees of such employer
(or beneficiaries of such employees).
‘‘(4) G
UIDANCE
.—
‘‘(A) I
N GENERAL
.—The Secretary shall issue such guid-
ance as the Secretary determines appropriate to carry out
this subsection, including guidance—
‘‘(i) to identify the administrative duties and other
actions required to be performed by a pooled plan
provider under this subsection,
‘‘(ii) which describes the procedures to be taken
to terminate a plan which fails to meet the require-
ments to be a plan described in paragraph (1),
including the proper treatment of, and actions needed
to be taken by, any employer in the plan and the
assets and liabilities of the plan attributable to
employees of such employer (or beneficiaries of such
employees), and
‘‘(iii) identifying appropriate cases to which the
rules of paragraph (2)(A) will apply to employers in
the plan failing to take the actions described in para-
graph (1).
The Secretary shall take into account under clause (iii)
whether the failure of an employer or pooled plan provider
to provide any disclosures or other information, or to take
any other action, necessary to administer a plan or to
allow a plan to meet requirements applicable to the plan
under section 401(a) or 408, whichever is applicable, has
continued over a period of time that demonstrates a lack
of commitment to compliance.
‘‘(B) G
OOD FAITH COMPLIANCE WITH LAW BEFORE GUID
-
ANCE
.—An employer or pooled plan provider shall not be
treated as failing to meet a requirement of guidance issued
by the Secretary under this paragraph if, before the
issuance of such guidance, the employer or pooled plan
provider complies in good faith with a reasonable
Determination.
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133 STAT. 3141 PUBLIC LAW 116–94—DEC. 20, 2019
interpretation of the provisions of this subsection to which
such guidance relates.
‘‘(5) M
ODEL PLAN
.—The Secretary shall publish model plan
language which meets the requirements of this subsection and
of paragraphs (43) and (44) of section 3 of the Employee Retire-
ment Income Security Act of 1974 and which may be adopted
in order for a plan to be treated as a plan described in para-
graph (1)(B).’’.
(2) C
ONFORMING AMENDMENT
.—Section 413(c)(2) of such
Code is amended by striking ‘‘section 401(a)’’ and inserting
‘‘sections 401(a) and 408(c)’’.
(3) T
ECHNICAL AMENDMENT
.—Section 408(c) of such Code
is amended by inserting after paragraph (2) the following new
paragraph:
‘‘(3) There is a separate accounting for any interest of
an employee or member (or spouse of an employee or member)
in a Roth IRA.’’.
(b) N
O
C
OMMON
I
NTEREST
R
EQUIRED FOR
P
OOLED
E
MPLOYER
P
LANS
.—Section 3(2) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002(2)) is amended by adding at the end
the following:
‘‘(C) A pooled employer plan shall be treated as—
‘‘(i) a single employee pension benefit plan or single
pension plan; and
‘‘(ii) a plan to which section 210(a) applies.’’.
(c) P
OOLED
E
MPLOYER
P
LAN AND
P
ROVIDER
D
EFINED
.—
(1) I
N GENERAL
.—Section 3 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002) is amended by
adding at the end the following:
‘‘(43) P
OOLED EMPLOYER PLAN
.—
‘‘(A) I
N GENERAL
.—The term ‘pooled employer plan’
means a plan—
‘‘(i) which is an individual account plan established
or maintained for the purpose of providing benefits
to the employees of 2 or more employers;
‘‘(ii) which is a plan described in section 401(a)
of the Internal Revenue Code of 1986 which includes
a trust exempt from tax under section 501(a) of such
Code or a plan that consists of individual retirement
accounts described in section 408 of such Code
(including by reason of subsection (c) thereof); and
‘‘(iii) the terms of which meet the requirements
of subparagraph (B).
Such term shall not include a plan maintained by
employers which have a common interest other than having
adopted the plan.
‘‘(B) R
EQUIREMENTS FOR PLAN TERMS
.—The require-
ments of this subparagraph are met with respect to any
plan if the terms of the plan—
‘‘(i) designate a pooled plan provider and provide
that the pooled plan provider is a named fiduciary
of the plan;
‘‘(ii) designate one or more trustees meeting the
requirements of section 408(a)(2) of the Internal Rev-
enue Code of 1986 (other than an employer in the
plan) to be responsible for collecting contributions to,
and holding the assets of, the plan and require such
26 USC 413.
Publication.
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133 STAT. 3142 PUBLIC LAW 116–94—DEC. 20, 2019
trustees to implement written contribution collection
procedures that are reasonable, diligent, and system-
atic;
‘‘(iii) provide that each employer in the plan retains
fiduciary responsibility for—
‘‘(I) the selection and monitoring in accordance
with section 404(a) of the person designated as
the pooled plan provider and any other person
who, in addition to the pooled plan provider, is
designated as a named fiduciary of the plan; and
‘‘(II) to the extent not otherwise delegated to
another fiduciary by the pooled plan provider and
subject to the provisions of section 404(c), the
investment and management of the portion of the
plan’s assets attributable to the employees of the
employer (or beneficiaries of such employees);
‘‘(iv) provide that employers in the plan, and
participants and beneficiaries, are not subject to
unreasonable restrictions, fees, or penalties with
regard to ceasing participation, receipt of distributions,
or otherwise transferring assets of the plan in accord-
ance with section 208 or paragraph (44)(C)(i)(II);
‘‘(v) require—
‘‘(I) the pooled plan provider to provide to
employers in the plan any disclosures or other
information which the Secretary may require,
including any disclosures or other information to
facilitate the selection or any monitoring of the
pooled plan provider by employers in the plan;
and
‘‘(II) each employer in the plan to take such
actions as the Secretary or the pooled plan provider
determines are necessary to administer the plan
or for the plan to meet any requirement applicable
under this Act or the Internal Revenue Code of
1986 to a plan described in section 401(a) of such
Code or to a plan that consists of individual retire-
ment accounts described in section 408 of such
Code (including by reason of subsection (c) thereof),
whichever is applicable, including providing any
disclosures or other information which the Sec-
retary may require or which the pooled plan pro-
vider otherwise determines are necessary to
administer the plan or to allow the plan to meet
such requirements; and
‘‘(vi) provide that any disclosure or other informa-
tion required to be provided under clause (v) may
be provided in electronic form and will be designed
to ensure only reasonable costs are imposed on pooled
plan providers and employers in the plan.
‘‘(C) E
XCEPTIONS
.—The term ‘pooled employer plan’
does not include—
‘‘(i) a multiemployer plan; or
‘‘(ii) a plan established before the date of the enact-
ment of the Setting Every Community Up for Retire-
ment Enhancement Act of 2019 unless the plan
administrator elects that the plan will be treated as
Determinations.
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133 STAT. 3143 PUBLIC LAW 116–94—DEC. 20, 2019
a pooled employer plan and the plan meets the require-
ments of this title applicable to a pooled employer
plan established on or after such date.
‘‘(D) T
REATMENT OF EMPLOYERS AS PLAN SPONSORS
.—
Except with respect to the administrative duties of the
pooled plan provider described in paragraph (44)(A)(i), each
employer in a pooled employer plan shall be treated as
the plan sponsor with respect to the portion of the plan
attributable to employees of such employer (or beneficiaries
of such employees).
‘‘(44) P
OOLED PLAN PROVIDER
.—
‘‘(A) I
N GENERAL
.—The term ‘pooled plan provider’
means a person who—
‘‘(i) is designated by the terms of a pooled employer
plan as a named fiduciary, as the plan administrator,
and as the person responsible for the performance of
all administrative duties (including conducting proper
testing with respect to the plan and the employees
of each employer in the plan) which are reasonably
necessary to ensure that—
‘‘(I) the plan meets any requirement applicable
under this Act or the Internal Revenue Code of
1986 to a plan described in section 401(a) of such
Code or to a plan that consists of individual retire-
ment accounts described in section 408 of such
Code (including by reason of subsection (c) thereof),
whichever is applicable; and
‘‘(II) each employer in the plan takes such
actions as the Secretary or pooled plan provider
determines are necessary for the plan to meet
the requirements described in subclause (I),
including providing the disclosures and informa-
tion described in paragraph (43)(B)(v)(II);
‘‘(ii) registers as a pooled plan provider with the
Secretary, and provides to the Secretary such other
information as the Secretary may require, before begin-
ning operations as a pooled plan provider;
‘‘(iii) acknowledges in writing that such person
is a named fiduciary, and the plan administrator, with
respect to the pooled employer plan; and
‘‘(iv) is responsible for ensuring that all persons
who handle assets of, or who are fiduciaries of, the
pooled employer plan are bonded in accordance with
section 412.
‘‘(B) A
UDITS
,
EXAMINATIONS AND INVESTIGATIONS
.—The
Secretary may perform audits, examinations, and investiga-
tions of pooled plan providers as may be necessary to
enforce and carry out the purposes of this paragraph and
paragraph (43).
‘‘(C) G
UIDANCE
.—The Secretary shall issue such guid-
ance as the Secretary determines appropriate to carry out
this paragraph and paragraph (43), including guidance—
‘‘(i) to identify the administrative duties and other
actions required to be performed by a pooled plan
provider under either such paragraph; and
Definition.
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133 STAT. 3144 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(ii) which requires in appropriate cases that if
an employer in the plan fails to take the actions
required under subparagraph (A)(i)(II)—
‘‘(I) the assets of the plan attributable to
employees of such employer (or beneficiaries of
such employees) are transferred to a plan main-
tained only by such employer (or its successor),
to an eligible retirement plan as defined in section
402(c)(8)(B) of the Internal Revenue Code of 1986
for each individual whose account is transferred,
or to any other arrangement that the Secretary
determines is appropriate in such guidance; and
‘‘(II) such employer (and not the plan with
respect to which the failure occurred or any other
employer in such plan) shall, except to the extent
provided in such guidance, be liable for any liabil-
ities with respect to such plan attributable to
employees of such employer (or beneficiaries of
such employees).
The Secretary shall take into account under clause
(ii) whether the failure of an employer or pooled plan
provider to provide any disclosures or other informa-
tion, or to take any other action, necessary to admin-
ister a plan or to allow a plan to meet requirements
described in subparagraph (A)(i)(II) has continued over
a period of time that demonstrates a lack of commit-
ment to compliance. The Secretary may waive the
requirements of subclause (ii)(I) in appropriate cir-
cumstances if the Secretary determines it is in the
best interests of the employees of the employer referred
to in such clause (and the beneficiaries of such
employees) to retain the assets in the plan with respect
to which the employer’s failure occurred.
‘‘(D) G
OOD FAITH COMPLIANCE WITH LAW BEFORE GUID
-
ANCE
.—An employer or pooled plan provider shall not be
treated as failing to meet a requirement of guidance issued
by the Secretary under subparagraph (C) if, before the
issuance of such guidance, the employer or pooled plan
provider complies in good faith with a reasonable
interpretation of the provisions of this paragraph, or para-
graph (43), to which such guidance relates.
‘‘(E) A
GGREGATION RULES
.—For purposes of this para-
graph, in determining whether a person meets the require-
ments of this paragraph to be a pooled plan provider with
respect to any plan, all persons who perform services for
the plan and who are treated as a single employer under
subsection (b), (c), (m), or (o) of section 414 of the Internal
Revenue Code of 1986 shall be treated as one person.’’.
(2) B
ONDING REQUIREMENTS FOR POOLED EMPLOYER
PLANS
.—The last sentence of section 412(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1112(a))
is amended by inserting ‘‘or in the case of a pooled employer
plan (as defined in section 3(43))’’ after ‘‘section 407(d)(1))’’.
(3) C
ONFORMING AND TECHNICAL AMENDMENTS
.—Section 3
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002) is amended—
(A) in paragraph (16)(B)—
Determination.
Waiver authority.
Determination.
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133 STAT. 3145 PUBLIC LAW 116–94—DEC. 20, 2019
(i) by striking ‘‘or’’ at the end of clause (ii); and
(ii) by striking the period at the end and inserting
‘‘, or (iv) in the case of a pooled employer plan, the
pooled plan provider.’’; and
(B) by striking the second paragraph (41).
(d) P
OOLED
E
MPLOYER AND
M
ULTIPLE
E
MPLOYER
P
LAN
R
EPORTING
.—
(1) A
DDITIONAL INFORMATION
.—Section 103 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1023) is
amended—
(A) in subsection (a)(1)(B), by striking ‘‘applicable sub-
sections (d), (e), and (f)’’ and inserting ‘‘applicable sub-
sections (d), (e), (f), and (g)’’; and
(B) by amending subsection (g) to read as follows:
‘‘(g) A
DDITIONAL
I
NFORMATION
W
ITH
R
ESPECT TO
P
OOLED
E
MPLOYER AND
M
ULTIPLE
E
MPLOYER
P
LANS
.—An annual report
under this section for a plan year shall include—
‘‘(1) with respect to any plan to which section 210(a) applies
(including a pooled employer plan), a list of employers in the
plan and a good faith estimate of the percentage of total con-
tributions made by such employers during the plan year and
the aggregate account balances attributable to each employer
in the plan (determined as the sum of the account balances
of the employees of such employer (and the beneficiaries of
such employees)); and
‘‘(2) with respect to a pooled employer plan, the identifying
information for the person designated under the terms of the
plan as the pooled plan provider.’’.
(2) S
IMPLIFIED ANNUAL REPORTS
.—Section 104(a) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1024(a)) is amended by striking paragraph (2)(A) and inserting
the following:
‘‘(2)(A) With respect to annual reports required to be filed
with the Secretary under this part, the Secretary may by regulation
prescribe simplified annual reports for any pension plan that—
‘‘(i) covers fewer than 100 participants; or
‘‘(ii) is a plan described in section 210(a) that covers fewer
than 1,000 participants, but only if no single employer in the
plan has 100 or more participants covered by the plan.’’.
(e) E
FFECTIVE
D
ATE
.—
(1) I
N GENERAL
.—The amendments made by this section
shall apply to plan years beginning after December 31, 2020.
(2) R
ULE OF CONSTRUCTION
.—Nothing in the amendments
made by subsection (a) shall be construed as limiting the
authority of the Secretary of the Treasury or the Secretary’s
delegate (determined without regard to such amendment) to
provide for the proper treatment of a failure to meet any
requirement applicable under the Internal Revenue Code of
1986 with respect to one employer (and its employees) in a
multiple employer plan.
SEC. 102. INCREASE IN 10 PERCENT CAP FOR AUTOMATIC ENROLL-
MENT SAFE HARBOR AFTER 1ST PLAN YEAR.
(a) I
N
G
ENERAL
.—Section 401(k)(13)(C)(iii) of the Internal Rev-
enue Code of 1986 is amended by striking ‘‘does not exceed 10
percent’’ and inserting ‘‘does not exceed 15 percent (10 percent
during the period described in subclause (I))’’.
26 USC 401.
26 USC 408 note.
Applicability.
List.
Estimate.
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133 STAT. 3146 PUBLIC LAW 116–94—DEC. 20, 2019
(b) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to plan years beginning after December 31, 2019.
SEC. 103. RULES RELATING TO ELECTION OF SAFE HARBOR 401(k)
STATUS.
(a) L
IMITATION OF
A
NNUAL
S
AFE
H
ARBOR
N
OTICE TO
M
ATCHING
C
ONTRIBUTION
P
LANS
.—
(1) I
N GENERAL
.—Subparagraph (A) of section 401(k)(12)
of the Internal Revenue Code of 1986 is amended by striking
‘‘if such arrangement’’ and all that follows and inserting ‘‘if
such arrangement—
‘‘(i) meets the contribution requirements of
subparagraph (B) and the notice requirements of
subparagraph (D), or
‘‘(ii) meets the contribution requirements of
subparagraph (C).’’.
(2) A
UTOMATIC CONTRIBUTION ARRANGEMENTS
.—Subpara-
graph (B) of section 401(k)(13) of such Code is amended by
striking ‘‘means’’ and all that follows and inserting ‘‘means
a cash or deferred arrangement—
‘‘(i) which is described in subparagraph (D)(i)(I)
and meets the applicable requirements of subpara-
graphs (C) through (E), or
‘‘(ii) which is described in subparagraph (D)(i)(II)
and meets the applicable requirements of subpara-
graphs (C) and (D).’’.
(b) N
ONELECTIVE
C
ONTRIBUTIONS
.—Section 401(k)(12) of the
Internal Revenue Code of 1986 is amended by redesignating
subparagraph (F) as subparagraph (G), and by inserting after
subparagraph (E) the following new subparagraph:
‘‘(F) T
IMING OF PLAN AMENDMENT FOR EMPLOYER
MAKING NONELECTIVE CONTRIBUTIONS
.—
‘‘(i) I
N GENERAL
.—Except as provided in clause
(ii), a plan may be amended after the beginning of
a plan year to provide that the requirements of
subparagraph (C) shall apply to the arrangement for
the plan year, but only if the amendment is adopted—
‘‘(I) at any time before the 30th day before
the close of the plan year, or
‘‘(II) at any time before the last day under
paragraph (8)(A) for distributing excess contribu-
tions for the plan year.
‘‘(ii) E
XCEPTION WHERE PLAN PROVIDED FOR
MATCHING CONTRIBUTIONS
.—Clause (i) shall not apply
to any plan year if the plan provided at any time
during the plan year that the requirements of subpara-
graph (B) or paragraph (13)(D)(i)(I) applied to the plan
year.
‘‘(iii) 4-
PERCENT CONTRIBUTION REQUIREMENT
.—
Clause (i)(II) shall not apply to an arrangement unless
the amount of the contributions described in subpara-
graph (C) which the employer is required to make
under the arrangement for the plan year with respect
to any employee is an amount equal to at least 4
percent of the employee’s compensation.’’.
Applicability.
Deadlines.
26 USC 401.
26 USC 401 note.
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133 STAT. 3147 PUBLIC LAW 116–94—DEC. 20, 2019
(c) A
UTOMATIC
C
ONTRIBUTION
A
RRANGEMENTS
.—Section
401(k)(13) of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
‘‘(F) T
IMING OF PLAN AMENDMENT FOR EMPLOYER
MAKING NONELECTIVE CONTRIBUTIONS
.—
‘‘(i) I
N GENERAL
.—Except as provided in clause
(ii), a plan may be amended after the beginning of
a plan year to provide that the requirements of
subparagraph (D)(i)(II) shall apply to the arrangement
for the plan year, but only if the amendment is
adopted—
‘‘(I) at any time before the 30th day before
the close of the plan year, or
‘‘(II) at any time before the last day under
paragraph (8)(A) for distributing excess contribu-
tions for the plan year.
‘‘(ii) E
XCEPTION WHERE PLAN PROVIDED FOR
MATCHING CONTRIBUTIONS
.—Clause (i) shall not apply
to any plan year if the plan provided at any time
during the plan year that the requirements of subpara-
graph (D)(i)(I) or paragraph (12)(B) applied to the plan
year.
‘‘(iii) 4-
PERCENT CONTRIBUTION REQUIREMENT
.—
Clause (i)(II) shall not apply to an arrangement unless
the amount of the contributions described in subpara-
graph (D)(i)(II) which the employer is required to make
under the arrangement for the plan year with respect
to any employee is an amount equal to at least 4
percent of the employee’s compensation.’’.
(d) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to plan years beginning after December 31, 2019.
SEC. 104. INCREASE IN CREDIT LIMITATION FOR SMALL EMPLOYER
PENSION PLAN STARTUP COSTS.
(a) I
N
G
ENERAL
.—Paragraph (1) of section 45E(b) of the Internal
Revenue Code of 1986 is amended to read as follows:
‘‘(1) for the first credit year and each of the 2 taxable
years immediately following the first credit year, the greater
of—
‘‘(A) $500, or
‘‘(B) the lesser of—
‘‘(i) $250 for each employee of the eligible employer
who is not a highly compensated employee (as defined
in section 414(q)) and who is eligible to participate
in the eligible employer plan maintained by the eligible
employer, or
‘‘(ii) $5,000, and’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2019.
SEC. 105. SMALL EMPLOYER AUTOMATIC ENROLLMENT CREDIT.
(a) I
N
G
ENERAL
.—Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
26 USC 45E note.
26 USC 401 note.
Applicability.
Deadlines.
26 USC 401.
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133 STAT. 3148 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘SEC. 45T. AUTO-ENROLLMENT OPTION FOR RETIREMENT SAVINGS
OPTIONS PROVIDED BY SMALL EMPLOYERS.
‘‘(a) I
N
G
ENERAL
.—For purposes of section 38, in the case of
an eligible employer, the retirement auto-enrollment credit deter-
mined under this section for any taxable year is an amount equal
to—
‘‘(1) $500 for any taxable year occurring during the credit
period, and
‘‘(2) zero for any other taxable year.
‘‘(b) C
REDIT
P
ERIOD
.—For purposes of subsection (a)—
‘‘(1) I
N GENERAL
.—The credit period with respect to any
eligible employer is the 3-taxable-year period beginning with
the first taxable year for which the employer includes an eligible
automatic contribution arrangement (as defined in section
414(w)(3)) in a qualified employer plan (as defined in section
4972(d)) sponsored by the employer.
‘‘(2) M
AINTENANCE OF ARRANGEMENT
.—No taxable year
with respect to an employer shall be treated as occurring within
the credit period unless the arrangement described in para-
graph (1) is included in the plan for such year.
‘‘(c) E
LIGIBLE
E
MPLOYER
.—For purposes of this section, the
term ‘eligible employer’ has the meaning given such term in section
408(p)(2)(C)(i).’’.
(b) C
REDIT
T
O
B
E
P
ART OF
G
ENERAL
B
USINESS
C
REDIT
.—Sub-
section (b) of section 38 of the Internal Revenue Code of 1986
is amended by striking ‘‘plus’’ at the end of paragraph (31), by
striking the period at the end of paragraph (32) and inserting
‘‘, plus’’, and by adding at the end the following new paragraph:
‘‘(33) in the case of an eligible employer (as defined in
section 45T(c)), the retirement auto-enrollment credit deter-
mined under section 45T(a).’’.
(c) C
LERICAL
A
MENDMENT
.—The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after the item relating to
section 45S the following new item:
‘‘Sec. 45T. Auto-enrollment option for retirement savings options provided by small
employers.’’.
(d) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2019.
SEC. 106. CERTAIN TAXABLE NON-TUITION FELLOWSHIP AND STIPEND
PAYMENTS TREATED AS COMPENSATION FOR IRA PUR-
POSES.
(a) I
N
G
ENERAL
.—Paragraph (1) of section 219(f) of the Internal
Revenue Code of 1986 is amended by adding at the end the fol-
lowing: ‘‘The term ‘compensation’ shall include any amount which
is included in the individual’s gross income and paid to the indi-
vidual to aid the individual in the pursuit of graduate or
postdoctoral study.’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2019.
SEC. 107. REPEAL OF MAXIMUM AGE FOR TRADITIONAL IRA CON-
TRIBUTIONS.
(a) I
N
G
ENERAL
.—Paragraph (1) of section 219(d) of the Internal
Revenue Code of 1986 is repealed.
26 USC 219 note.
Definition.
26 USC 38 note.
26 USC 38 prec.
26 USC 38.
Definition.
26 USC 45T.
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133 STAT. 3149 PUBLIC LAW 116–94—DEC. 20, 2019
(b) C
OORDINATION
W
ITH
Q
UALIFIED
C
HARITABLE
D
ISTRIBU
-
TIONS
.—Add at the end of section 408(d)(8)(A) of such Code the
following: ‘‘The amount of distributions not includible in gross
income by reason of the preceding sentence for a taxable year
(determined without regard to this sentence) shall be reduced (but
not below zero) by an amount equal to the excess of—
‘‘(i) the aggregate amount of deductions allowed
to the taxpayer under section 219 for all taxable years
ending on or after the date the taxpayer attains age
70
1
⁄
2
, over
‘‘(ii) the aggregate amount of reductions under this
sentence for all taxable years preceding the current
taxable year.’’.
(c) C
ONFORMING
A
MENDMENT
.—Subsection (c) of section 408A
of the Internal Revenue Code of 1986 is amended by striking
paragraph (4) and by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively.
(d) E
FFECTIVE
D
ATE
.—
(1) I
N GENERAL
.—Except as provided in paragraph (2), the
amendments made by this section shall apply to contributions
made for taxable years beginning after December 31, 2019.
(2) S
UBSECTION
(b).—The amendment made by subsection
(b) shall apply to distributions made for taxable years beginning
after December 31, 2019.
SEC. 108. QUALIFIED EMPLOYER PLANS PROHIBITED FROM MAKING
LOANS THROUGH CREDIT CARDS AND OTHER SIMILAR
ARRANGEMENTS.
(a) I
N
G
ENERAL
.—Paragraph (2) of section 72(p) of the Internal
Revenue Code of 1986 is amended by redesignating subparagraph
(D) as subparagraph (E) and by inserting after subparagraph (C)
the following new subparagraph:
‘‘(D) P
ROHIBITION OF LOANS THROUGH CREDIT CARDS
AND OTHER SIMILAR ARRANGEMENTS
.—Subparagraph (A)
shall not apply to any loan which is made through the
use of any credit card or any other similar arrangement.’’.
(b) E
FFECTIVE
D
ATE
.—The amendments made by subsection
(a) shall apply to loans made after the date of the enactment
of this Act.
SEC. 109. PORTABILITY OF LIFETIME INCOME OPTIONS.
(a) I
N
G
ENERAL
.—Subsection (a) of section 401 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph
(37) the following new paragraph:
‘‘(38) P
ORTABILITY OF LIFETIME INCOME
.—
‘‘(A) I
N GENERAL
.—Except as may be otherwise pro-
vided by regulations, a trust forming part of a defined
contribution plan shall not be treated as failing to con-
stitute a qualified trust under this section solely by reason
of allowing—
‘‘(i) qualified distributions of a lifetime income
investment, or
‘‘(ii) distributions of a lifetime income investment
in the form of a qualified plan distribution annuity
contract,
on or after the date that is 90 days prior to the date
on which such lifetime income investment is no longer
Time period.
26 USC 72 note.
26 USC 219 note.
26 USC 408A.
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133 STAT. 3150 PUBLIC LAW 116–94—DEC. 20, 2019
authorized to be held as an investment option under the
plan.
‘‘(B) D
EFINITIONS
.—For purposes of this subsection—
‘‘(i) the term ‘qualified distribution’ means a direct
trustee-to-trustee transfer described in paragraph
(31)(A) to an eligible retirement plan (as defined in
section 402(c)(8)(B)),
‘‘(ii) the term ‘lifetime income investment’ means
an investment option which is designed to provide
an employee with election rights—
‘‘(I) which are not uniformly available with
respect to other investment options under the plan,
and
‘‘(II) which are to a lifetime income feature
available through a contract or other arrangement
offered under the plan (or under another eligible
retirement plan (as so defined), if paid by means
of a direct trustee-to-trustee transfer described in
paragraph (31)(A) to such other eligible retirement
plan),
‘‘(iii) the term ‘lifetime income feature’ means—
‘‘(I) a feature which guarantees a minimum
level of income annually (or more frequently) for
at least the remainder of the life of the employee
or the joint lives of the employee and the
employee’s designated beneficiary, or
‘‘(II) an annuity payable on behalf of the
employee under which payments are made in
substantially equal periodic payments (not less fre-
quently than annually) over the life of the
employee or the joint lives of the employee and
the employee’s designated beneficiary, and
‘‘(iv) the term ‘qualified plan distribution annuity
contract’ means an annuity contract purchased for a
participant and distributed to the participant by a
plan or contract described in subparagraph (B) of sec-
tion 402(c)(8) (without regard to clauses (i) and (ii)
thereof).’’.
(b) C
ASH OR
D
EFERRED
A
RRANGEMENT
.—
(1) I
N GENERAL
.—Clause (i) of section 401(k)(2)(B) of the
Internal Revenue Code of 1986 is amended by striking ‘‘or’’
at the end of subclause (IV), by striking ‘‘and’’ at the end
of subclause (V) and inserting ‘‘or’’, and by adding at the end
the following new subclause:
‘‘(VI) except as may be otherwise provided by
regulations, with respect to amounts invested in
a lifetime income investment (as defined in sub-
section (a)(38)(B)(ii)), the date that is 90 days prior
to the date that such lifetime income investment
may no longer be held as an investment option
under the arrangement, and’’.
(2) D
ISTRIBUTION REQUIREMENT
.—Subparagraph (B) of sec-
tion 401(k)(2) of such Code, as amended by paragraph (1),
is amended by striking ‘‘and’’ at the end of clause (i), by striking
the semicolon at the end of clause (ii) and inserting ‘‘, and’’,
and by adding at the end the following new clause:
Time period.
26 USC 401.
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133 STAT. 3151 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(iii) except as may be otherwise provided by regu-
lations, in the case of amounts described in clause
(i)(VI), will be distributed only in the form of a qualified
distribution (as defined in subsection (a)(38)(B)(i)) or
a qualified plan distribution annuity contract (as
defined in subsection (a)(38)(B)(iv)),’’.
(c) S
ECTION
403(b) P
LANS
.—
(1) A
NNUITY CONTRACTS
.—Paragraph (11) of section 403(b)
of the Internal Revenue Code of 1986 is amended by striking
‘‘or’’ at the end of subparagraph (B), by striking the period
at the end of subparagraph (C) and inserting ‘‘, or’’, and by
inserting after subparagraph (C) the following new subpara-
graph:
‘‘(D) except as may be otherwise provided by regula-
tions, with respect to amounts invested in a lifetime income
investment (as defined in section 401(a)(38)(B)(ii))—
‘‘(i) on or after the date that is 90 days prior
to the date that such lifetime income investment may
no longer be held as an investment option under the
contract, and
‘‘(ii) in the form of a qualified distribution (as
defined in section 401(a)(38)(B)(i)) or a qualified plan
distribution annuity contract (as defined in section
401(a)(38)(B)(iv)).’’.
(2) C
USTODIAL ACCOUNTS
.—Subparagraph (A) of section
403(b)(7) of such Code is amended by striking ‘‘if—’’ and all
that follows and inserting ‘‘if the amounts are to be invested
in regulated investment company stock to be held in that
custodial account, and under the custodial account—
‘‘(i) no such amounts may be paid or made avail-
able to any distributee (unless such amount is a dis-
tribution to which section 72(t)(2)(G) applies) before—
‘‘(I) the employee dies,
‘‘(II) the employee attains age 59
1
⁄
2
,
‘‘(III) the employee has a severance from
employment,
‘‘(IV) the employee becomes disabled (within
the meaning of section 72(m)(7)),
‘‘(V) in the case of contributions made pursu-
ant to a salary reduction agreement (within the
meaning of section 3121(a)(5)(D)), the employee
encounters financial hardship, or
‘‘(VI) except as may be otherwise provided by
regulations, with respect to amounts invested in
a lifetime income investment (as defined in section
401(a)(38)(B)(ii)), the date that is 90 days prior
to the date that such lifetime income investment
may no longer be held as an investment option
under the contract, and
‘‘(ii) in the case of amounts described in clause
(i)(VI), such amounts will be distributed only in the
form of a qualified distribution (as defined in section
401(a)(38)(B)(i)) or a qualified plan distribution annuity
contract (as defined in section 401(a)(38)(B)(iv)).’’.
(d) E
LIGIBLE
D
EFERRED
C
OMPENSATION
P
LANS
.—
(1) I
N GENERAL
.—Subparagraph (A) of section 457(d)(1)
of the Internal Revenue Code of 1986 is amended by striking
Time period.
Effective date.
26 USC 403.
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133 STAT. 3152 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘or’’ at the end of clause (ii), by inserting ‘‘or’’ at the end
of clause (iii), and by adding after clause (iii) the following:
‘‘(iv) except as may be otherwise provided by regu-
lations, in the case of a plan maintained by an
employer described in subsection (e)(1)(A), with respect
to amounts invested in a lifetime income investment
(as defined in section 401(a)(38)(B)(ii)), the date that
is 90 days prior to the date that such lifetime income
investment may no longer be held as an investment
option under the plan,’’.
(2) D
ISTRIBUTION REQUIREMENT
.—Paragraph (1) of section
457(d) of such Code is amended by striking ‘‘and’’ at the end
of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ‘‘, and’’, and by inserting after
subparagraph (C) the following new subparagraph:
‘‘(D) except as may be otherwise provided by regula-
tions, in the case of amounts described in subparagraph
(A)(iv), such amounts will be distributed only in the form
of a qualified distribution (as defined in section
401(a)(38)(B)(i)) or a qualified plan distribution annuity
contract (as defined in section 401(a)(38)(B)(iv)).’’.
(e) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to plan years beginning after December 31, 2019.
SEC. 110. TREATMENT OF CUSTODIAL ACCOUNTS ON TERMINATION
OF SECTION 403(b) PLANS.
Not later than six months after the date of enactment of this
Act, the Secretary of the Treasury shall issue guidance to provide
that, if an employer terminates the plan under which amounts
are contributed to a custodial account under subparagraph (A)
of section 403(b)(7), the plan administrator or custodian may dis-
tribute an individual custodial account in kind to a participant
or beneficiary of the plan and the distributed custodial account
shall be maintained by the custodian on a tax-deferred basis as
a section 403(b)(7) custodial account, similar to the treatment of
fully-paid individual annuity contracts under Revenue Ruling 2011–
7, until amounts are actually paid to the participant or beneficiary.
The guidance shall provide further (i) that the section 403(b)(7)
status of the distributed custodial account is generally maintained
if the custodial account thereafter adheres to the requirements
of section 403(b) that are in effect at the time of the distribution
of the account and (ii) that a custodial account would not be consid-
ered distributed to the participant or beneficiary if the employer
has any material retained rights under the account (but the
employer would not be treated as retaining material rights simply
because the custodial account was originally opened under a group
contract). Such guidance shall be retroactively effective for taxable
years beginning after December 31, 2008.
SEC. 111. CLARIFICATION OF RETIREMENT INCOME ACCOUNT RULES
RELATING TO CHURCH-CONTROLLED ORGANIZATIONS.
(a) I
N
G
ENERAL
.—Subparagraph (B) of section 403(b)(9) of the
Internal Revenue Code of 1986 is amended by inserting ‘‘(including
an employee described in section 414(e)(3)(B))’’ after ‘‘employee
described in paragraph (1)’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to years beginning before, on, or after the date of
the enactment of this Act.
26 USC 403 note.
26 USC 403.
Effective date.
Deadline.
Guidance.
26 USC 403 note.
26 USC 401 note.
Time period.
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133 STAT. 3153 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 112. QUALIFIED CASH OR DEFERRED ARRANGEMENTS MUST
ALLOW LONG-TERM EMPLOYEES WORKING MORE THAN
500 BUT LESS THAN 1,000 HOURS PER YEAR TO PARTICI-
PATE.
(a) P
ARTICIPATION
R
EQUIREMENT
.—
(1) I
N GENERAL
.—Section 401(k)(2)(D) of the Internal Rev-
enue Code of 1986 is amended to read as follows:
‘‘(D) which does not require, as a condition of participa-
tion in the arrangement, that an employee complete a
period of service with the employer (or employers)
maintaining the plan extending beyond the close of the
earlier of—
‘‘(i) the period permitted under section 410(a)(1)
(determined without regard to subparagraph (B)(i)
thereof), or
‘‘(ii) subject to the provisions of paragraph (15),
the first period of 3 consecutive 12-month periods
during each of which the employee has at least 500
hours of service.’’.
(2) S
PECIAL RULES
.—Section 401(k) of such Code is
amended by adding at the end the following new paragraph:
‘‘(15) S
PECIAL RULES FOR PARTICIPATION REQUIREMENT FOR
LONG
-
TERM
,
PART
-
TIME WORKERS
.—For purposes of paragraph
(2)(D)(ii)—
‘‘(A) A
GE REQUIREMENT MUST BE MET
.—Paragraph
(2)(D)(ii) shall not apply to an employee unless the
employee has met the requirement of section 410(a)(1)(A)(i)
by the close of the last of the 12-month periods described
in such paragraph.
‘‘(B) N
ONDISCRIMINATION AND TOP
-
HEAVY RULES NOT
TO APPLY
.—
‘‘(i) N
ONDISCRIMINATION RULES
.—In the case of
employees who are eligible to participate in the
arrangement solely by reason of paragraph (2)(D)(ii)—
‘‘(I) notwithstanding subsection (a)(4), an
employer shall not be required to make nonelective
or matching contributions on behalf of such
employees even if such contributions are made
on behalf of other employees eligible to participate
in the arrangement, and
‘‘(II) an employer may elect to exclude such
employees from the application of subsection (a)(4),
paragraphs (3), (12), and (13), subsection (m)(2),
and section 410(b).
‘‘(ii) T
OP
-
HEAVY RULES
.—An employer may elect
to exclude all employees who are eligible to participate
in a plan maintained by the employer solely by reason
of paragraph (2)(D)(ii) from the application of the
vesting and benefit requirements under subsections
(b) and (c) of section 416.
‘‘(iii) V
ESTING
.—For purposes of determining
whether an employee described in clause (i) has a
nonforfeitable right to employer contributions (other
than contributions described in paragraph (3)(D)(i))
under the arrangement, each 12-month period for
which the employee has at least 500 hours of service
shall be treated as a year of service, and section
Time periods.
Applicability.
Time periods.
26 USC 401.
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133 STAT. 3154 PUBLIC LAW 116–94—DEC. 20, 2019
411(a)(6) shall be applied by substituting ‘at least 500
hours of service’ for ‘more than 500 hours of service’
in subparagraph (A) thereof.
‘‘(iv) E
MPLOYEES WHO BECOME FULL
-
TIME
EMPLOYEES
.—This subparagraph (other than clause
(iii)) shall cease to apply to any employee as of the
first plan year beginning after the plan year in which
the employee meets the requirements of section
410(a)(1)(A)(ii) without regard to paragraph (2)(D)(ii).
‘‘(C) E
XCEPTION FOR EMPLOYEES UNDER COLLECTIVELY
BARGAINED PLANS
,
ETC
.—Paragraph (2)(D)(ii) shall not
apply to employees described in section 410(b)(3).
‘‘(D) S
PECIAL RULES
.—
‘‘(i) T
IME OF PARTICIPATION
.—The rules of section
410(a)(4) shall apply to an employee eligible to partici-
pate in an arrangement solely by reason of paragraph
(2)(D)(ii).
‘‘(ii) 12-
MONTH PERIODS
.—12-month periods shall
be determined in the same manner as under the last
sentence of section 410(a)(3)(A).’’.
(b) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to plan years beginning after December 31, 2020, except
that, for purposes of section 401(k)(2)(D)(ii) of the Internal Revenue
Code of 1986 (as added by such amendments), 12-month periods
beginning before January 1, 2021, shall not be taken into account.
SEC. 113. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS
FOR INDIVIDUALS IN CASE OF BIRTH OF CHILD OR ADOP-
TION.
(a) I
N
G
ENERAL
.—Section 72(t)(2) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new subpara-
graph:
‘‘(H) D
ISTRIBUTIONS FROM RETIREMENT PLANS IN CASE
OF BIRTH OF CHILD OR ADOPTION
.—
‘‘(i) I
N GENERAL
.—Any qualified birth or adoption
distribution.
‘‘(ii) L
IMITATION
.—The aggregate amount which
may be treated as qualified birth or adoption distribu-
tions by any individual with respect to any birth or
adoption shall not exceed $5,000.
‘‘(iii) Q
UALIFIED BIRTH OR ADOPTION DISTRIBU
-
TION
.—For purposes of this subparagraph—
‘‘(I) I
N GENERAL
.—The term ‘qualified birth
or adoption distribution’ means any distribution
from an applicable eligible retirement plan to an
individual if made during the 1-year period begin-
ning on the date on which a child of the individual
is born or on which the legal adoption by the
individual of an eligible adoptee is finalized.
‘‘(II) E
LIGIBLE ADOPTEE
.—The term ‘eligible
adoptee’ means any individual (other than a child
of the taxpayer’s spouse) who has not attained
age 18 or is physically or mentally incapable of
self-support.
‘‘(iv) T
REATMENT OF PLAN DISTRIBUTIONS
.—
‘‘(I) I
N GENERAL
.—If a distribution to an indi-
vidual would (without regard to clause (ii)) be a
Definitions.
26 USC 72.
26 USC 401 note.
Applicability.
Effective date.
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133 STAT. 3155 PUBLIC LAW 116–94—DEC. 20, 2019
qualified birth or adoption distribution, a plan
shall not be treated as failing to meet any require-
ment of this title merely because the plan treats
the distribution as a qualified birth or adoption
distribution, unless the aggregate amount of such
distributions from all plans maintained by the
employer (and any member of any controlled group
which includes the employer) to such individual
exceeds $5,000.
‘‘(II) C
ONTROLLED GROUP
.—For purposes of
subclause (I), the term ‘controlled group’ means
any group treated as a single employer under sub-
section (b), (c), (m), or (o) of section 414.
‘‘(v) A
MOUNT DISTRIBUTED MAY BE REPAID
.—
‘‘(I) I
N GENERAL
.—Any individual who receives
a qualified birth or adoption distribution may
make one or more contributions in an aggregate
amount not to exceed the amount of such distribu-
tion to an applicable eligible retirement plan of
which such individual is a beneficiary and to which
a rollover contribution of such distribution could
be made under section 402(c), 403(a)(4), 403(b)(8),
408(d)(3), or 457(e)(16), as the case may be.
‘‘(II) L
IMITATION ON CONTRIBUTIONS TO
APPLICABLE ELIGIBLE RETIREMENT PLANS OTHER
THAN
IRA
S
.—The aggregate amount of contribu-
tions made by an individual under subclause (I)
to any applicable eligible retirement plan which
is not an individual retirement plan shall not
exceed the aggregate amount of qualified birth
or adoption distributions which are made from
such plan to such individual. Subclause (I) shall
not apply to contributions to any applicable eligible
retirement plan which is not an individual retire-
ment plan unless the individual is eligible to make
contributions (other than those described in sub-
clause (I)) to such applicable eligible retirement
plan.
‘‘(III) T
REATMENT OF REPAYMENTS OF DISTRIBU
-
TIONS FROM APPLICABLE ELIGIBLE RETIREMENT
PLANS OTHER THAN
IRAs.—If a contribution is
made under subclause (I) with respect to a quali-
fied birth or adoption distribution from an
applicable eligible retirement plan other than an
individual retirement plan, then the taxpayer
shall, to the extent of the amount of the contribu-
tion, be treated as having received such distribu-
tion in an eligible rollover distribution (as defined
in section 402(c)(4)) and as having transferred the
amount to the applicable eligible retirement plan
in a direct trustee to trustee transfer within 60
days of the distribution.
‘‘(IV) T
REATMENT OF REPAYMENTS FOR DIS
-
TRIBUTIONS FROM
IRA
S
.—If a contribution is made
under subclause (I) with respect to a qualified
birth or adoption distribution from an individual
retirement plan, then, to the extent of the amount
Time period.
Time period.
Definition.
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133 STAT. 3156 PUBLIC LAW 116–94—DEC. 20, 2019
of the contribution, such distribution shall be
treated as a distribution described in section
408(d)(3) and as having been transferred to the
applicable eligible retirement plan in a direct
trustee to trustee transfer within 60 days of the
distribution.
‘‘(vi) D
EFINITION AND SPECIAL RULES
.—For pur-
poses of this subparagraph—
‘‘(I) A
PPLICABLE ELIGIBLE RETIREMENT PLAN
.—
The term ‘applicable eligible retirement plan’
means an eligible retirement plan (as defined in
section 402(c)(8)(B)) other than a defined benefit
plan.
‘‘(II) E
XEMPTION OF DISTRIBUTIONS FROM
TRUSTEE TO TRUSTEE TRANSFER AND WITHHOLDING
RULES
.—For purposes of sections 401(a)(31), 402(f),
and 3405, a qualified birth or adoption distribution
shall not be treated as an eligible rollover distribu-
tion.
‘‘(III) T
AXPAYER MUST INCLUDE TIN
.—A dis-
tribution shall not be treated as a qualified birth
or adoption distribution with respect to any child
or eligible adoptee unless the taxpayer includes
the name, age, and TIN of such child or eligible
adoptee on the taxpayer’s return of tax for the
taxable year.
‘‘(IV) D
ISTRIBUTIONS TREATED AS MEETING
PLAN DISTRIBUTION REQUIREMENTS
.—Any qualified
birth or adoption distribution shall be treated as
meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and
457(d)(1)(A).’’.
(b) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to distributions made after December 31, 2019.
SEC. 114. INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR
MANDATORY DISTRIBUTIONS.
(a) I
N
G
ENERAL
.—Section 401(a)(9)(C)(i)(I) of the Internal Rev-
enue Code of 1986 is amended by striking ‘‘age 70
1
⁄
2
’’ and inserting
‘‘age 72’’.
(b) S
POUSE
B
ENEFICIARIES
; S
PECIAL
R
ULE FOR
O
WNERS
.—Sub-
paragraphs (B)(iv)(I) and (C)(ii)(I) of section 401(a)(9) of such Code
are each amended by striking ‘‘age 70
1
⁄
2
’’ and inserting ‘‘age 72’’.
(c) C
ONFORMING
A
MENDMENTS
.—The last sentence of section
408(b) of such Code is amended by striking ‘‘age 70
1
⁄
2
’’ and inserting
‘‘age 72’’.
(d) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to distributions required to be made after December
31, 2019, with respect to individuals who attain age 70
1
⁄
2
after
such date.
SEC. 115. SPECIAL RULES FOR MINIMUM FUNDING STANDARDS FOR
COMMUNITY NEWSPAPER PLANS.
(a) A
MENDMENT TO
I
NTERNAL
R
EVENUE
C
ODE OF
1986.—Section
430 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new subsection:
‘‘(m) S
PECIAL
R
ULES FOR
C
OMMUNITY
N
EWSPAPER
P
LANS
.—
26 USC 401 note.
26 USC 401.
26 USC 72 note.
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133 STAT. 3157 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(1) I
N GENERAL
.—The plan sponsor of a community news-
paper plan under which no participant has had the participant’s
accrued benefit increased (whether because of service or com-
pensation) after December 31, 2017, may elect to have the
alternative standards described in paragraph (3) apply to such
plan, and any plan sponsored by any member of the same
controlled group.
‘‘(2) E
LECTION
.—An election under paragraph (1) shall be
made at such time and in such manner as prescribed by the
Secretary. Such election, once made with respect to a plan
year, shall apply to all subsequent plan years unless revoked
with the consent of the Secretary.
‘‘(3) A
LTERNATIVE MINIMUM FUNDING STANDARDS
.—The
alternative standards described in this paragraph are the fol-
lowing:
‘‘(A) I
NTEREST RATES
.—
‘‘(i) I
N GENERAL
.—Notwithstanding subsection
(h)(2)(C) and except as provided in clause (ii), the first,
second, and third segment rates in effect for any month
for purposes of this section shall be 8 percent.
‘‘(ii) N
EW BENEFIT ACCRUALS
.—Notwithstanding
subsection (h)(2), for purposes of determining the
funding target and normal cost of a plan for any plan
year, the present value of any benefits accrued or
earned under the plan for a plan year with respect
to which an election under paragraph (1) is in effect
shall be determined on the basis of the United States
Treasury obligation yield curve for the day that is
the valuation date of such plan for such plan year.
‘‘(iii) U
NITED STATES TREASURY OBLIGATION YIELD
CURVE
.—For purposes of this subsection, the term
‘United States Treasury obligation yield curve’ means,
with respect to any day, a yield curve which shall
be prescribed by the Secretary for such day on interest-
bearing obligations of the United States.
‘‘(B) S
HORTFALL AMORTIZATION BASE
.—
‘‘(i) P
REVIOUS SHORTFALL AMORTIZATION BASES
.—
The shortfall amortization bases determined under
subsection (c)(3) for all plan years preceding the first
plan year to which the election under paragraph (1)
applies (and all shortfall amortization installments
determined with respect to such bases) shall be reduced
to zero under rules similar to the rules of subsection
(c)(6).
‘‘(ii) N
EW SHORTFALL AMORTIZATION BASE
.—Not-
withstanding subsection (c)(3), the shortfall amortiza-
tion base for the first plan year to which the election
under paragraph (1) applies shall be the funding short-
fall of such plan for such plan year (determined using
the interest rates as modified under subparagraph (A)).
‘‘(C) D
ETERMINATION OF SHORTFALL AMORTIZATION
INSTALLMENTS
.—
‘‘(i) 30-
YEAR PERIOD
.—Subparagraphs (A) and (B)
of subsection (c)(2) shall be applied by substituting
‘30-plan-year’ for ‘7-plan-year’ each place it appears.
‘‘(ii) N
O SPECIAL ELECTION
.—The election under
subparagraph (D) of subsection (c)(2) shall not apply
Applicability.
Definition.
Determination.
Applicability.
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133 STAT. 3158 PUBLIC LAW 116–94—DEC. 20, 2019
to any plan year to which the election under paragraph
(1) applies.
‘‘(D) E
XEMPTION FROM AT
-
RISK TREATMENT
.—Sub-
section (i) shall not apply.
‘‘(4) C
OMMUNITY NEWSPAPER PLAN
.—For purposes of this
subsection—
‘‘(A) I
N GENERAL
.—The term ‘community newspaper
plan’ means a plan to which this section applies maintained
by an employer which, as of December 31, 2017—
‘‘(i) publishes and distributes daily, either elec-
tronically or in printed form, 1 or more community
newspapers in a single State,
‘‘(ii) is not a company the stock of which is publicly
traded (on a stock exchange or in an over-the-counter
market), and is not controlled, directly or indirectly,
by such a company,
‘‘(iii) is controlled, directly or indirectly—
‘‘(I) by 1 or more persons residing primarily
in the State in which the community newspaper
is published,
‘‘(II) for not less than 30 years by individuals
who are members of the same family,
‘‘(III) by a trust created or organized in the
State in which the community newspaper is pub-
lished, the sole trustees of which are persons
described in subclause (I) or (II),
‘‘(IV) by an entity which is described in section
501(c)(3) and exempt from taxation under section
501(a), which is organized and operated in the
State in which the community newspaper is pub-
lished, and the primary purpose of which is to
benefit communities in such State, or
‘‘(V) by a combination of persons described
in subclause (I), (III), or (IV), and
‘‘(iv) does not control, directly or indirectly, any
newspaper in any other State.
‘‘(B) C
OMMUNITY NEWSPAPER
.—The term ‘community
newspaper’ means a newspaper which primarily serves a
metropolitan statistical area, as determined by the Office
of Management and Budget, with a population of not less
than 100,000.
‘‘(C) C
ONTROL
.—A person shall be treated as controlled
by another person if such other person possesses, directly
or indirectly, the power to direct or cause the direction
and management of such person (including the power to
elect a majority of the members of the board of directors
of such person) through the ownership of voting securities.
‘‘(5) C
ONTROLLED GROUP
.—For purposes of this subsection,
the term ‘controlled group’ means all persons treated as a
single employer under subsection (b), (c), (m), or (o) of section
414 as of the date of the enactment of this subsection.’’.
(b) A
MENDMENT TO
E
MPLOYEE
R
ETIREMENT
I
NCOME
S
ECURITY
A
CT OF
1974.—Section 303 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1083) is amended by adding at
the end the following new subsection:
‘‘(m) S
PECIAL
R
ULES FOR
C
OMMUNITY
N
EWSPAPER
P
LANS
.—
Definition.
Definitions.
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133 STAT. 3159 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(1) I
N GENERAL
.—The plan sponsor of a community news-
paper plan under which no participant has had the participant’s
accrued benefit increased (whether because of service or com-
pensation) after December 31, 2017, may elect to have the
alternative standards described in paragraph (3) apply to such
plan, and any plan sponsored by any member of the same
controlled group.
‘‘(2) E
LECTION
.—An election under paragraph (1) shall be
made at such time and in such manner as prescribed by the
Secretary of the Treasury. Such election, once made with
respect to a plan year, shall apply to all subsequent plan
years unless revoked with the consent of the Secretary of the
Treasury.
‘‘(3) A
LTERNATIVE MINIMUM FUNDING STANDARDS
.—The
alternative standards described in this paragraph are the fol-
lowing:
‘‘(A) I
NTEREST RATES
.—
‘‘(i) I
N GENERAL
.—Notwithstanding subsection
(h)(2)(C) and except as provided in clause (ii), the first,
second, and third segment rates in effect for any month
for purposes of this section shall be 8 percent.
‘‘(ii) N
EW BENEFIT ACCRUALS
.—Notwithstanding
subsection (h)(2), for purposes of determining the
funding target and normal cost of a plan for any plan
year, the present value of any benefits accrued or
earned under the plan for a plan year with respect
to which an election under paragraph (1) is in effect
shall be determined on the basis of the United States
Treasury obligation yield curve for the day that is
the valuation date of such plan for such plan year.
‘‘(iii) U
NITED STATES TREASURY OBLIGATION YIELD
CURVE
.—For purposes of this subsection, the term
‘United States Treasury obligation yield curve’ means,
with respect to any day, a yield curve which shall
be prescribed by the Secretary of the Treasury for
such day on interest-bearing obligations of the United
States.
‘‘(B) S
HORTFALL AMORTIZATION BASE
.—
‘‘(i) P
REVIOUS SHORTFALL AMORTIZATION BASES
.—
The shortfall amortization bases determined under
subsection (c)(3) for all plan years preceding the first
plan year to which the election under paragraph (1)
applies (and all shortfall amortization installments
determined with respect to such bases) shall be reduced
to zero under rules similar to the rules of subsection
(c)(6).
‘‘(ii) N
EW SHORTFALL AMORTIZATION BASE
.—Not-
withstanding subsection (c)(3), the shortfall amortiza-
tion base for the first plan year to which the election
under paragraph (1) applies shall be the funding short-
fall of such plan for such plan year (determined using
the interest rates as modified under subparagraph (A)).
‘‘(C) D
ETERMINATION OF SHORTFALL AMORTIZATION
INSTALLMENTS
.—
‘‘(i) 30-
YEAR PERIOD
.—Subparagraphs (A) and (B)
of subsection (c)(2) shall be applied by substituting
‘30-plan-year’ for ‘7-plan-year’ each place it appears.
Applicability.
Definition.
Determination.
Applicability.
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133 STAT. 3160 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(ii) N
O SPECIAL ELECTION
.—The election under
subparagraph (D) of subsection (c)(2) shall not apply
to any plan year to which the election under paragraph
(1) applies.
‘‘(D) E
XEMPTION FROM AT
-
RISK TREATMENT
.—Sub-
section (i) shall not apply.
‘‘(4) C
OMMUNITY NEWSPAPER PLAN
.—For purposes of this
subsection—
‘‘(A) I
N GENERAL
.—The term ‘community newspaper
plan’ means a plan to which this section applies maintained
by an employer which, as of December 31, 2017—
‘‘(i) publishes and distributes daily, either elec-
tronically or in printed form—
‘‘(I) a community newspaper, or
‘‘(II) 1 or more community newspapers in the
same State,
‘‘(ii) is not a company the stock of which is publicly
traded (on a stock exchange or in an over-the-counter
market), and is not controlled, directly or indirectly,
by such a company,
‘‘(iii) is controlled, directly or indirectly—
‘‘(I) by 1 or more persons residing primarily
in the State in which the community newspaper
is published,
‘‘(II) for not less than 30 years by individuals
who are members of the same family,
‘‘(III) by a trust created or organized in the
State in which the community newspaper is pub-
lished, the sole trustees of which are persons
described in subclause (I) or (II),
‘‘(IV) by an entity which is described in section
501(c)(3) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a)
of such Code, which is organized and operated
in the State in which the community newspaper
is published, and the primary purpose of which
is to benefit communities in such State, or
‘‘(V) by a combination of persons described
in subclause (I), (III), or (IV), and
‘‘(iv) does not control, directly or indirectly, any
newspaper in any other State.
‘‘(B) C
OMMUNITY NEWSPAPER
.—The term ‘community
newspaper’ means a newspaper which primarily serves a
metropolitan statistical area, as determined by the Office
of Management and Budget, with a population of not less
than 100,000.
‘‘(C) C
ONTROL
.—A person shall be treated as controlled
by another person if such other person possesses, directly
or indirectly, the power to direct or cause the direction
and management of such person (including the power to
elect a majority of the members of the board of directors
of such person) through the ownership of voting securities.
‘‘(5) C
ONTROLLED GROUP
.—For purposes of this subsection,
the term ‘controlled group’ means all persons treated as a
single employer under subsection (b), (c), (m), or (o) of section
414 of the Internal Revenue Code of 1986 as of the date of
the enactment of this subsection.
Definition.
Definitions.
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133 STAT. 3161 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(6) E
FFECT ON PREMIUM RATE CALCULATION
.—Notwith-
standing any other provision of law or any regulation issued
by the Pension Benefit Guaranty Corporation, in the case of
a plan for which an election is made to apply the alternative
standards described in paragraph (3), the additional premium
under section 4006(a)(3)(E) shall be determined as if such elec-
tion had not been made.’’.
(c) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to plan years ending after December 31, 2017.
SEC. 116. TREATING EXCLUDED DIFFICULTY OF CARE PAYMENTS AS
COMPENSATION FOR DETERMINING RETIREMENT CON-
TRIBUTION LIMITATIONS.
(a) I
NDIVIDUAL
R
ETIREMENT
A
CCOUNTS
.—
(1) I
N GENERAL
.—Section 408(o) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
‘‘(5) S
PECIAL RULE FOR DIFFICULTY OF CARE PAYMENTS
EXCLUDED FROM GROSS INCOME
.—In the case of an individual
who for a taxable year excludes from gross income under section
131 a qualified foster care payment which is a difficulty of
care payment, if—
‘‘(A) the deductible amount in effect for the taxable
year under subsection (b), exceeds
‘‘(B) the amount of compensation includible in the
individual’s gross income for the taxable year,
the individual may elect to increase the nondeductible limit
under paragraph (2) for the taxable year by an amount equal
to the lesser of such excess or the amount so excluded.’’.
(2) E
FFECTIVE DATE
.—The amendments made by this sub-
section shall apply to contributions after the date of the enact-
ment of this Act.
(b) D
EFINED
C
ONTRIBUTION
P
LANS
.—
(1) I
N GENERAL
.—Section 415(c) of such Code is amended
by adding at the end the following new paragraph:
‘‘(8) S
PECIAL RULE FOR DIFFICULTY OF CARE PAYMENTS
EXCLUDED FROM GROSS INCOME
.—
‘‘(A) I
N GENERAL
.—For purposes of paragraph (1)(B),
in the case of an individual who for a taxable year excludes
from gross income under section 131 a qualified foster
care payment which is a difficulty of care payment, the
participant’s compensation, or earned income, as the case
may be, shall be increased by the amount so excluded.
‘‘(B) C
ONTRIBUTIONS ALLOCABLE TO DIFFICULTY OF CARE
PAYMENTS TREATED AS AFTER
-
TAX
.—Any contribution by
the participant which is allowable due to such increase—
‘‘(i) shall be treated for purposes of this title as
investment in the contract, and
‘‘(ii) shall not cause a plan (and any arrangement
which is part of such plan) to be treated as failing
to meet any requirements of this chapter solely by
reason of allowing any such contributions.’’.
(2) E
FFECTIVE DATE
.—The amendment made by this sub-
section shall apply to plan years beginning after December
31, 2015.
26 USC 415 note.
26 USC 408 note.
26 USC 408.
26 USC 430 note.
Determination.
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133 STAT. 3162 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE II—ADMINISTRATIVE
IMPROVEMENTS
SEC. 201. PLAN ADOPTED BY FILING DUE DATE FOR YEAR MAY BE
TREATED AS IN EFFECT AS OF CLOSE OF YEAR.
(a) I
N
G
ENERAL
.—Subsection (b) of section 401 of the Internal
Revenue Code of 1986 is amended—
(1) by striking ‘‘R
ETROACTIVE
C
HANGES IN
P
LAN
.—A stock
bonus’’ and inserting ‘‘P
LAN
A
MENDMENTS
.—
‘‘(1) C
ERTAIN RETROACTIVE CHANGES IN PLAN
.—A stock
bonus’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) A
DOPTION OF PLAN
.—If an employer adopts a stock
bonus, pension, profit-sharing, or annuity plan after the close
of a taxable year but before the time prescribed by law for
filing the return of the employer for the taxable year (including
extensions thereof), the employer may elect to treat the plan
as having been adopted as of the last day of the taxable year.’’.
(b) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to plans adopted for taxable years beginning after
December 31, 2019.
SEC. 202. COMBINED ANNUAL REPORT FOR GROUP OF PLANS.
(a) I
N
G
ENERAL
.—The Secretary of the Treasury and the Sec-
retary of Labor shall, in cooperation, modify the returns required
under section 6058 of the Internal Revenue Code of 1986 and
the reports required by section 104 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1024) so that all members
of a group of plans described in subsection (c) may file a single
aggregated annual return or report satisfying the requirements
of both such sections.
(b) A
DMINISTRATIVE
R
EQUIREMENTS
.—In developing the consoli-
dated return or report under subsection (a), the Secretary of the
Treasury and the Secretary of Labor may require such return
or report to include any information regarding each plan in the
group as such Secretaries determine is necessary or appropriate
for the enforcement and administration of the Internal Revenue
Code of 1986 and the Employee Retirement Income Security Act
of 1974 and shall require such information as will enable a partici-
pant in a plan to identify any aggregated return or report filed
with respect to the plan.
(c) P
LANS
D
ESCRIBED
.—A group of plans is described in this
subsection if all plans in the group—
(1) are individual account plans or defined contribution
plans (as defined in section 3(34) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(34)) or in section
414(i) of the Internal Revenue Code of 1986);
(2) have—
(A) the same trustee (as described in section 403(a)
of such Act (29 U.S.C. 1103(a)));
(B) the same one or more named fiduciaries (as
described in section 402(a) of such Act (29 U.S.C. 1102(a)));
(C) the same administrator (as defined in section
3(16)(A) of such Act (29 U.S.C. 1002(16)(A))) and plan
administrator (as defined in section 414(g) of the Internal
Revenue Code of 1986); and
26 USC 6058
note.
26 USC 6058
note.
Cooperation.
26 USC 6058
note.
26 USC 401 note.
26 USC 401.
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133 STAT. 3163 PUBLIC LAW 116–94—DEC. 20, 2019
(D) plan years beginning on the same date; and
(3) provide the same investments or investment options
to participants and beneficiaries.
A plan not subject to title I of the Employee Retirement Income
Security Act of 1974 shall be treated as meeting the requirements
of paragraph (2) as part of a group of plans if the same person
that performs each of the functions described in such paragraph,
as applicable, for all other plans in such group performs each
of such functions for such plan.
(d) C
LARIFICATION
R
ELATING TO
E
LECTRONIC
F
ILING OF
R
ETURNS FOR
D
EFERRED
C
OMPENSATION
P
LANS
.—
(1) I
N GENERAL
.—Section 6011(e) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
‘‘(6) A
PPLICATION OF NUMERICAL LIMITATION TO RETURNS
RELATING TO DEFERRED COMPENSATION PLANS
.—For purposes
of applying the numerical limitation under paragraph (2)(A)
to any return required under section 6058, information
regarding each plan for which information is provided on such
return shall be treated as a separate return.’’.
(2) E
FFECTIVE DATE
.—The amendment made by paragraph
(1) shall apply to returns required to be filed with respect
to plan years beginning after December 31, 2019.
(e) E
FFECTIVE
D
ATE
.—The modification required by subsection
(a) shall be implemented not later than January 1, 2022, and
shall apply to returns and reports for plan years beginning after
December 31, 2021.
SEC. 203. DISCLOSURE REGARDING LIFETIME INCOME.
(a) I
N
G
ENERAL
.—Subparagraph (B) of section 105(a)(2) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1025(a)(2)) is amended—
(1) in clause (i), by striking ‘‘and’’ at the end;
(2) in clause (ii), by striking ‘‘diversification.’’ and inserting
‘‘diversification, and’’; and
(3) by inserting at the end the following:
‘‘(iii) the lifetime income disclosure described in
subparagraph (D)(i).
In the case of pension benefit statements described in
clause (i) of paragraph (1)(A), a lifetime income disclosure
under clause (iii) of this subparagraph shall be required
to be included in only one pension benefit statement during
any one 12-month period.’’.
(b) L
IFETIME
I
NCOME
.—Paragraph (2) of section 105(a) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1025(a)) is amended by adding at the end the following new
subparagraph:
‘‘(D) L
IFETIME INCOME DISCLOSURE
.—
‘‘(i) I
N GENERAL
.—
‘‘(I) D
ISCLOSURE
.—A lifetime income disclosure
shall set forth the lifetime income stream equiva-
lent of the total benefits accrued with respect to
the participant or beneficiary.
‘‘(II) L
IFETIME INCOME STREAM EQUIVALENT OF
THE TOTAL BENEFITS ACCRUED
.—For purposes of
this subparagraph, the term ‘lifetime income
stream equivalent of the total benefits accrued’
Definition.
26 USC 6058
note.
26 USC 6011
note.
26 USC 601.
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133 STAT. 3164 PUBLIC LAW 116–94—DEC. 20, 2019
means the amount of monthly payments the
participant or beneficiary would receive if the total
accrued benefits of such participant or beneficiary
were used to provide lifetime income streams
described in subclause (III), based on assumptions
specified in rules prescribed by the Secretary.
‘‘(III) L
IFETIME INCOME STREAMS
.—The life-
time income streams described in this subclause
are a qualified joint and survivor annuity (as
defined in section 205(d)), based on assumptions
specified in rules prescribed by the Secretary,
including the assumption that the participant or
beneficiary has a spouse of equal age, and a single
life annuity. Such lifetime income streams may
have a term certain or other features to the extent
permitted under rules prescribed by the Secretary.
‘‘(ii) M
ODEL DISCLOSURE
.—Not later than 1 year
after the date of the enactment of the Setting Every
Community Up for Retirement Enhancement Act of
2019, the Secretary shall issue a model lifetime income
disclosure, written in a manner so as to be understood
by the average plan participant, which—
‘‘(I) explains that the lifetime income stream
equivalent is only provided as an illustration;
‘‘(II) explains that the actual payments under
the lifetime income stream described in clause
(i)(III) which may be purchased with the total
benefits accrued will depend on numerous factors
and may vary substantially from the lifetime
income stream equivalent in the disclosures;
‘‘(III) explains the assumptions upon which
the lifetime income stream equivalent was deter-
mined; and
‘‘(IV) provides such other similar explanations
as the Secretary considers appropriate.
‘‘(iii) A
SSUMPTIONS AND RULES
.—Not later than 1
year after the date of the enactment of the Setting
Every Community Up for Retirement Enhancement
Act of 2019, the Secretary shall—
‘‘(I) prescribe assumptions which administra-
tors of individual account plans may use in con-
verting total accrued benefits into lifetime income
stream equivalents for purposes of this subpara-
graph; and
‘‘(II) issue interim final rules under clause (i).
In prescribing assumptions under subclause (I), the
Secretary may prescribe a single set of specific assump-
tions (in which case the Secretary may issue tables
or factors which facilitate such conversions), or ranges
of permissible assumptions. To the extent that an
accrued benefit is or may be invested in a lifetime
income stream described in clause (i)(III), the assump-
tions prescribed under subclause (I) shall, to the extent
appropriate, permit administrators of individual
account plans to use the amounts payable under such
lifetime income stream as a lifetime income stream
equivalent.
Regulations.
Deadline.
Deadline.
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133 STAT. 3165 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(iv) L
IMITATION ON LIABILITY
.—No plan fiduciary,
plan sponsor, or other person shall have any liability
under this title solely by reason of the provision of
lifetime income stream equivalents which are derived
in accordance with the assumptions and rules described
in clause (iii) and which include the explanations con-
tained in the model lifetime income disclosure
described in clause (ii). This clause shall apply without
regard to whether the provision of such lifetime income
stream equivalent is required by subparagraph (B)(iii).
‘‘(v) E
FFECTIVE DATE
.—The requirement in
subparagraph (B)(iii) shall apply to pension benefit
statements furnished more than 12 months after the
latest of the issuance by the Secretary of—
‘‘(I) interim final rules under clause (i);
‘‘(II) the model disclosure under clause (ii);
or
‘‘(III) the assumptions under clause (iii).’’.
SEC. 204. FIDUCIARY SAFE HARBOR FOR SELECTION OF LIFETIME
INCOME PROVIDER.
Section 404 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1104) is amended by adding at the end the
following:
‘‘(e) S
AFE
H
ARBOR FOR
A
NNUITY
S
ELECTION
.—
‘‘(1) I
N GENERAL
.—With respect to the selection of an
insurer for a guaranteed retirement income contract, the
requirements of subsection (a)(1)(B) will be deemed to be satis-
fied if a fiduciary—
‘‘(A) engages in an objective, thorough, and analytical
search for the purpose of identifying insurers from which
to purchase such contracts;
‘‘(B) with respect to each insurer identified under
subparagraph (A)—
‘‘(i) considers the financial capability of such
insurer to satisfy its obligations under the guaranteed
retirement income contract; and
‘‘(ii) considers the cost (including fees and commis-
sions) of the guaranteed retirement income contract
offered by the insurer in relation to the benefits and
product features of the contract and administrative
services to be provided under such contract; and
‘‘(C) on the basis of such consideration, concludes
that—
‘‘(i) at the time of the selection, the insurer is
financially capable of satisfying its obligations under
the guaranteed retirement income contract; and
‘‘(ii) the relative cost of the selected guaranteed
retirement income contract as described in subpara-
graph (B)(ii) is reasonable.
‘‘(2) F
INANCIAL CAPABILITY OF THE INSURER
.—A fiduciary
will be deemed to satisfy the requirements of paragraphs
(1)(B)(i) and (1)(C)(i) if—
‘‘(A) the fiduciary obtains written representations from
the insurer that—
‘‘(i) the insurer is licensed to offer guaranteed
retirement income contracts;
Applicability.
Time period.
Applicability.
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133 STAT. 3166 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(ii) the insurer, at the time of selection and for
each of the immediately preceding 7 plan years—
‘‘(I) operates under a certificate of authority
from the insurance commissioner of its domiciliary
State which has not been revoked or suspended;
‘‘(II) has filed audited financial statements in
accordance with the laws of its domiciliary State
under applicable statutory accounting principles;
‘‘(III) maintains (and has maintained) reserves
which satisfies all the statutory requirements of
all States where the insurer does business; and
‘‘(IV) is not operating under an order of super-
vision, rehabilitation, or liquidation;
‘‘(iii) the insurer undergoes, at least every 5 years,
a financial examination (within the meaning of the
law of its domiciliary State) by the insurance commis-
sioner of the domiciliary State (or representative, des-
ignee, or other party approved by such commissioner);
and
‘‘(iv) the insurer will notify the fiduciary of any
change in circumstances occurring after the provision
of the representations in clauses (i), (ii), and (iii) which
would preclude the insurer from making such represen-
tations at the time of issuance of the guaranteed retire-
ment income contract; and
‘‘(B) after receiving such representations and as of
the time of selection, the fiduciary has not received any
notice described in subparagraph (A)(iv) and is in posses-
sion of no other information which would cause the fidu-
ciary to question the representations provided.
‘‘(3) N
O REQUIREMENT TO SELECT LOWEST COST
.—Nothing
in this subsection shall be construed to require a fiduciary
to select the lowest cost contract. A fiduciary may consider
the value of a contract, including features and benefits of the
contract and attributes of the insurer (including, without limita-
tion, the insurer’s financial strength) in conjunction with the
cost of the contract.
‘‘(4) T
IME OF SELECTION
.—
‘‘(A) I
N GENERAL
.—For purposes of this subsection, the
time of selection is—
‘‘(i) the time that the insurer and the contract
are selected for distribution of benefits to a specific
participant or beneficiary; or
‘‘(ii) if the fiduciary periodically reviews the con-
tinuing appropriateness of the conclusion described in
paragraph (1)(C) with respect to a selected insurer,
taking into account the considerations described in
such paragraph, the time that the insurer and the
contract are selected to provide benefits at future dates
to participants or beneficiaries under the plan.
Nothing in the preceding sentence shall be construed to
require the fiduciary to review the appropriateness of a
selection after the purchase of a contract for a participant
or beneficiary.
Notification.
Time period.
Time period.
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133 STAT. 3167 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(B) P
ERIODIC REVIEW
.—A fiduciary will be deemed
to have conducted the periodic review described in subpara-
graph (A)(ii) if the fiduciary obtains the written representa-
tions described in clauses (i), (ii), and (iii) of paragraph
(2)(A) from the insurer on an annual basis, unless the
fiduciary receives any notice described in paragraph
(2)(A)(iv) or otherwise becomes aware of facts that would
cause the fiduciary to question such representations.
‘‘(5) L
IMITED LIABILITY
.—A fiduciary which satisfies the
requirements of this subsection shall not be liable following
the distribution of any benefit, or the investment by or on
behalf of a participant or beneficiary pursuant to the selected
guaranteed retirement income contract, for any losses that
may result to the participant or beneficiary due to an insurer’s
inability to satisfy its financial obligations under the terms
of such contract.
‘‘(6) D
EFINITIONS
.—For purposes of this subsection—
‘‘(A) I
NSURER
.—The term ‘insurer’ means an insurance
company, insurance service, or insurance organization,
including affiliates of such companies.
‘‘(B) G
UARANTEED RETIREMENT INCOME CONTRACT
.—
The term ‘guaranteed retirement income contract’ means
an annuity contract for a fixed term or a contract (or
provision or feature thereof) which provides guaranteed
benefits annually (or more frequently) for at least the
remainder of the life of the participant or the joint lives
of the participant and the participant’s designated bene-
ficiary as part of an individual account plan.’’.
SEC. 205. MODIFICATION OF NONDISCRIMINATION RULES TO PROTECT
OLDER, LONGER SERVICE PARTICIPANTS.
(a) I
N
G
ENERAL
.—Section 401 of the Internal Revenue Code
of 1986 is amended—
(1) by redesignating subsection (o) as subsection (p); and
(2) by inserting after subsection (n) the following new sub-
section:
‘‘(o) S
PECIAL
R
ULES FOR
A
PPLYING
N
ONDISCRIMINATION
R
ULES
TO
P
ROTECT
O
LDER
, L
ONGER
S
ERVICE AND
G
RANDFATHERED
P
ARTICI
-
PANTS
.—
‘‘(1) T
ESTING OF DEFINED BENEFIT PLANS WITH CLOSED
CLASSES OF PARTICIPANTS
.—
‘‘(A) B
ENEFITS
,
RIGHTS
,
OR FEATURES PROVIDED TO
CLOSED CLASSES
.—A defined benefit plan which provides
benefits, rights, or features to a closed class of participants
shall not fail to satisfy the requirements of subsection
(a)(4) by reason of the composition of such closed class
or the benefits, rights, or features provided to such closed
class, if—
‘‘(i) for the plan year as of which the class closes
and the 2 succeeding plan years, such benefits, rights,
and features satisfy the requirements of subsection
(a)(4) (without regard to this subparagraph but taking
into account the rules of subparagraph (I)),
‘‘(ii) after the date as of which the class was closed,
any plan amendment which modifies the closed class
or the benefits, rights, and features provided to such
26 USC 401.
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133 STAT. 3168 PUBLIC LAW 116–94—DEC. 20, 2019
closed class does not discriminate significantly in favor
of highly compensated employees, and
‘‘(iii) the class was closed before April 5, 2017,
or the plan is described in subparagraph (C).
‘‘(B) A
GGREGATE TESTING WITH DEFINED CONTRIBUTION
PLANS PERMITTED ON A BENEFITS BASIS
.—
‘‘(i) I
N GENERAL
.—For purposes of determining
compliance with subsection (a)(4) and section 410(b),
a defined benefit plan described in clause (iii) may
be aggregated and tested on a benefits basis with 1
or more defined contribution plans, including with the
portion of 1 or more defined contribution plans which—
‘‘(I) provides matching contributions (as
defined in subsection (m)(4)(A)),
‘‘(II) provides annuity contracts described in
section 403(b) which are purchased with matching
contributions or nonelective contributions, or
‘‘(III) consists of an employee stock ownership
plan (within the meaning of section 4975(e)(7))
or a tax credit employee stock ownership plan
(within the meaning of section 409(a)).
‘‘(ii) S
PECIAL RULES FOR MATCHING CONTRIBU
-
TIONS
.—For purposes of clause (i), if a defined benefit
plan is aggregated with a portion of a defined contribu-
tion plan providing matching contributions—
‘‘(I) such defined benefit plan must also be
aggregated with any portion of such defined con-
tribution plan which provides elective deferrals
described in subparagraph (A) or (C) of section
402(g)(3), and
‘‘(II) such matching contributions shall be
treated in the same manner as nonelective con-
tributions, including for purposes of applying the
rules of subsection (l).
‘‘(iii) P
LANS DESCRIBED
.—A defined benefit plan
is described in this clause if—
‘‘(I) the plan provides benefits to a closed class
of participants,
‘‘(II) for the plan year as of which the class
closes and the 2 succeeding plan years, the plan
satisfies the requirements of section 410(b) and
subsection (a)(4) (without regard to this subpara-
graph but taking into account the rules of subpara-
graph (I)),
‘‘(III) after the date as of which the class was
closed, any plan amendment which modifies the
closed class or the benefits provided to such closed
class does not discriminate significantly in favor
of highly compensated employees, and
‘‘(IV) the class was closed before April 5, 2017,
or the plan is described in subparagraph (C).
‘‘(C) P
LANS DESCRIBED
.—A plan is described in this
subparagraph if, taking into account any predecessor
plan—
‘‘(i) such plan has been in effect for at least 5
years as of the date the class is closed, and
Time periods.
Determination.
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133 STAT. 3169 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(ii) during the 5-year period preceding the date
the class is closed, there has not been a substantial
increase in the coverage or value of the benefits, rights,
or features described in subparagraph (A) or in the
coverage or benefits under the plan described in
subparagraph (B)(iii) (whichever is applicable).
‘‘(D) D
ETERMINATION OF SUBSTANTIAL INCREASE FOR
BENEFITS
,
RIGHTS
,
AND FEATURES
.—In applying subpara-
graph (C)(ii) for purposes of subparagraph (A)(iii), a plan
shall be treated as having had a substantial increase in
coverage or value of the benefits, rights, or features
described in subparagraph (A) during the applicable 5-
year period only if, during such period—
‘‘(i) the number of participants covered by such
benefits, rights, or features on the date such period
ends is more than 50 percent greater than the number
of such participants on the first day of the plan year
in which such period began, or
‘‘(ii) such benefits, rights, and features have been
modified by 1 or more plan amendments in such a
way that, as of the date the class is closed, the value
of such benefits, rights, and features to the closed
class as a whole is substantially greater than the value
as of the first day of such 5-year period, solely as
a result of such amendments.
‘‘(E) D
ETERMINATION OF SUBSTANTIAL INCREASE FOR
AGGREGATE TESTING ON BENEFITS BASIS
.—In applying
subparagraph (C)(ii) for purposes of subparagraph
(B)(iii)(IV), a plan shall be treated as having had a substan-
tial increase in coverage or benefits during the applicable
5-year period only if, during such period—
‘‘(i) the number of participants benefitting under
the plan on the date such period ends is more than
50 percent greater than the number of such partici-
pants on the first day of the plan year in which such
period began, or
‘‘(ii) the average benefit provided to such partici-
pants on the date such period ends is more than 50
percent greater than the average benefit provided on
the first day of the plan year in which such period
began.
‘‘(F) C
ERTAIN EMPLOYEES DISREGARDED
.—For purposes
of subparagraphs (D) and (E), any increase in coverage
or value or in coverage or benefits, whichever is applicable,
which is attributable to such coverage and value or cov-
erage and benefits provided to employees—
‘‘(i) who became participants as a result of a
merger, acquisition, or similar event which occurred
during the 7-year period preceding the date the class
is closed, or
‘‘(ii) who became participants by reason of a merger
of the plan with another plan which had been in effect
for at least 5 years as of the date of the merger,
shall be disregarded, except that clause (ii) shall apply
for purposes of subparagraph (D) only if, under the merger,
the benefits, rights, or features under 1 plan are conformed
Time periods.
Time period.
Time period.
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133 STAT. 3170 PUBLIC LAW 116–94—DEC. 20, 2019
to the benefits, rights, or features of the other plan prospec-
tively.
‘‘(G) R
ULES RELATING TO AVERAGE BENEFIT
.—For pur-
poses of subparagraph (E)—
‘‘(i) the average benefit provided to participants
under the plan will be treated as having remained
the same between the 2 dates described in subpara-
graph (E)(ii) if the benefit formula applicable to such
participants has not changed between such dates, and
‘‘(ii) if the benefit formula applicable to 1 or more
participants under the plan has changed between such
2 dates, then the average benefit under the plan shall
be considered to have increased by more than 50 per-
cent only if—
‘‘(I) the total amount determined under section
430(b)(1)(A)(i) for all participants benefitting under
the plan for the plan year in which the 5-year
period described in subparagraph (E) ends, exceeds
‘‘(II) the total amount determined under sec-
tion 430(b)(1)(A)(i) for all such participants for
such plan year, by using the benefit formula in
effect for each such participant for the first plan
year in such 5-year period,
by more than 50 percent. In the case of a CSEC plan
(as defined in section 414(y)), the normal cost of the
plan (as determined under section 433(j)(1)(B)) shall
be used in lieu of the amount determined under section
430(b)(1)(A)(i).
‘‘(H) T
REATMENT AS SINGLE PLAN
.—For purposes of sub-
paragraphs (E) and (G), a plan described in section 413(c)
shall be treated as a single plan rather than as separate
plans maintained by each employer in the plan.
‘‘(I) S
PECIAL RULES
.—For purposes of subparagraphs
(A)(i) and (B)(iii)(II), the following rules shall apply:
‘‘(i) In applying section 410(b)(6)(C), the closing
of the class of participants shall not be treated as
a significant change in coverage under section
410(b)(6)(C)(i)(II).
‘‘(ii) 2 or more plans shall not fail to be eligible
to be aggregated and treated as a single plan solely
by reason of having different plan years.
‘‘(iii) Changes in the employee population shall
be disregarded to the extent attributable to individuals
who become employees or cease to be employees, after
the date the class is closed, by reason of a merger,
acquisition, divestiture, or similar event.
‘‘(iv) Aggregation and all other testing methodolo-
gies otherwise applicable under subsection (a)(4) and
section 410(b) may be taken into account.
The rule of clause (ii) shall also apply for purposes of
determining whether plans to which subparagraph (B)(i)
applies may be aggregated and treated as 1 plan for pur-
poses of determining whether such plans meet the require-
ments of subsection (a)(4) and section 410(b).
‘‘(J) S
PUN
-
OFF PLANS
.—For purposes of this paragraph,
if a portion of a defined benefit plan described in subpara-
graph (A) or (B)(iii) is spun off to another employer and
Time period.
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133 STAT. 3171 PUBLIC LAW 116–94—DEC. 20, 2019
the spun-off plan continues to satisfy the requirements
of—
‘‘(i) subparagraph (A)(i) or (B)(iii)(II), whichever
is applicable, if the original plan was still within the
3-year period described in such subparagraph at the
time of the spin off, and
‘‘(ii) subparagraph (A)(ii) or (B)(iii)(III), whichever
is applicable,
the treatment under subparagraph (A) or (B) of the spun-
off plan shall continue with respect to such other employer.
‘‘(2) T
ESTING OF DEFINED CONTRIBUTION PLANS
.—
‘‘(A) T
ESTING ON A BENEFITS BASIS
.—A defined con-
tribution plan shall be permitted to be tested on a benefits
basis if—
‘‘(i) such defined contribution plan provides make-
whole contributions to a closed class of participants
whose accruals under a defined benefit plan have been
reduced or eliminated,
‘‘(ii) for the plan year of the defined contribution
plan as of which the class eligible to receive such
make-whole contributions closes and the 2 succeeding
plan years, such closed class of participants satisfies
the requirements of section 410(b)(2)(A)(i) (determined
by applying the rules of paragraph (1)(I)),
‘‘(iii) after the date as of which the class was
closed, any plan amendment to the defined contribution
plan which modifies the closed class or the allocations,
benefits, rights, and features provided to such closed
class does not discriminate significantly in favor of
highly compensated employees, and
‘‘(iv) the class was closed before April 5, 2017,
or the defined benefit plan under clause (i) is described
in paragraph (1)(C) (as applied for purposes of para-
graph (1)(B)(iii)(IV)).
‘‘(B) A
GGREGATION WITH PLANS INCLUDING MATCHING
CONTRIBUTIONS
.—
‘‘(i) I
N GENERAL
.—With respect to 1 or more defined
contribution plans described in subparagraph (A), for
purposes of determining compliance with subsection
(a)(4) and section 410(b), the portion of such plans
which provides make-whole contributions or other non-
elective contributions may be aggregated and tested
on a benefits basis with the portion of 1 or more
other defined contribution plans which—
‘‘(I) provides matching contributions (as
defined in subsection (m)(4)(A)),
‘‘(II) provides annuity contracts described in
section 403(b) which are purchased with matching
contributions or nonelective contributions, or
‘‘(III) consists of an employee stock ownership
plan (within the meaning of section 4975(e)(7))
or a tax credit employee stock ownership plan
(within the meaning of section 409(a)).
‘‘(ii) S
PECIAL RULES FOR MATCHING CONTRIBU
-
TIONS
.—Rules similar to the rules of paragraph
(1)(B)(ii) shall apply for purposes of clause (i).
Time period.
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133 STAT. 3172 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(C) S
PECIAL RULES FOR TESTING DEFINED CONTRIBU
-
TION PLAN FEATURES PROVIDING MATCHING CONTRIBUTIONS
TO CERTAIN OLDER
,
LONGER SERVICE PARTICIPANTS
.—In the
case of a defined contribution plan which provides benefits,
rights, or features to a closed class of participants whose
accruals under a defined benefit plan have been reduced
or eliminated, the plan shall not fail to satisfy the require-
ments of subsection (a)(4) solely by reason of the composi-
tion of the closed class or the benefits, rights, or features
provided to such closed class if the defined contribution
plan and defined benefit plan otherwise meet the require-
ments of subparagraph (A) but for the fact that the make-
whole contributions under the defined contribution plan
are made in whole or in part through matching contribu-
tions.
‘‘(D) S
PUN
-
OFF PLANS
.—For purposes of this paragraph,
if a portion of a defined contribution plan described in
subparagraph (A) or (C) is spun off to another employer,
the treatment under subparagraph (A) or (C) of the spun-
off plan shall continue with respect to the other employer
if such plan continues to comply with the requirements
of clauses (ii) (if the original plan was still within the
3-year period described in such clause at the time of the
spin off) and (iii) of subparagraph (A), as determined for
purposes of subparagraph (A) or (C), whichever is
applicable.
‘‘(3) D
EFINITIONS AND SPECIAL RULE
.—For purposes of this
subsection—
‘‘(A) M
AKE
-
WHOLE CONTRIBUTIONS
.—Except as other-
wise provided in paragraph (2)(C), the term ‘make-whole
contributions’ means nonelective allocations for each
employee in the class which are reasonably calculated,
in a consistent manner, to replace some or all of the retire-
ment benefits which the employee would have received
under the defined benefit plan and any other plan or quali-
fied cash or deferred arrangement under subsection (k)(2)
if no change had been made to such defined benefit plan
and such other plan or arrangement. For purposes of the
preceding sentence, consistency shall not be required with
respect to employees who were subject to different benefit
formulas under the defined benefit plan.
‘‘(B) R
EFERENCES TO CLOSED CLASS OF PARTICIPANTS
.—
References to a closed class of participants and similar
references to a closed class shall include arrangements
under which 1 or more classes of participants are closed,
except that 1 or more classes of participants closed on
different dates shall not be aggregated for purposes of
determining the date any such class was closed.
‘‘(C) H
IGHLY COMPENSATED EMPLOYEE
.—The term
‘highly compensated employee’ has the meaning given such
term in section 414(q).’’.
(b) P
ARTICIPATION
R
EQUIREMENTS
.—Paragraph (26) of section
401(a) of the Internal Revenue Code of 1986 is amended by adding
at the end the following new subparagraph:
‘‘(I) P
ROTECTED PARTICIPANTS
.—
‘‘(i) I
N GENERAL
.—A plan shall be deemed to satisfy
the requirements of subparagraph (A) if—
26 USC 401.
Time period.
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133 STAT. 3173 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(I) the plan is amended—
‘‘(aa) to cease all benefit accruals, or
‘‘(bb) to provide future benefit accruals
only to a closed class of participants,
‘‘(II) the plan satisfies subparagraph (A) (with-
out regard to this subparagraph) as of the effective
date of the amendment, and
‘‘(III) the amendment was adopted before April
5, 2017, or the plan is described in clause (ii).
‘‘(ii) P
LANS DESCRIBED
.—A plan is described in this
clause if the plan would be described in subsection
(o)(1)(C), as applied for purposes of subsection
(o)(1)(B)(iii)(IV) and by treating the effective date of
the amendment as the date the class was closed for
purposes of subsection (o)(1)(C).
‘‘(iii) S
PECIAL RULES
.—For purposes of clause (i)(II),
in applying section 410(b)(6)(C), the amendments
described in clause (i) shall not be treated as a signifi-
cant change in coverage under section
410(b)(6)(C)(i)(II).
‘‘(iv) S
PUN
-
OFF PLANS
.—For purposes of this
subparagraph, if a portion of a plan described in clause
(i) is spun off to another employer, the treatment under
clause (i) of the spun-off plan shall continue with
respect to the other employer.’’.
(c) E
FFECTIVE
D
ATE
.—
(1) I
N GENERAL
.—Except as provided in paragraph (2), the
amendments made by this section shall take effect on the
date of the enactment of this Act, without regard to whether
any plan modifications referred to in such amendments are
adopted or effective before, on, or after such date of enactment.
(2) S
PECIAL RULES
.—
(A) E
LECTION OF EARLIER APPLICATION
.—At the election
of the plan sponsor, the amendments made by this section
shall apply to plan years beginning after December 31,
2013.
(B) C
LOSED CLASSES OF PARTICIPANTS
.—For purposes
of paragraphs (1)(A)(iii), (1)(B)(iii)(IV), and (2)(A)(iv) of sec-
tion 401(o) of the Internal Revenue Code of 1986 (as added
by this section), a closed class of participants shall be
treated as being closed before April 5, 2017, if the plan
sponsor’s intention to create such closed class is reflected
in formal written documents and communicated to partici-
pants before such date.
(C) C
ERTAIN POST
-
ENACTMENT PLAN AMENDMENTS
.—A
plan shall not be treated as failing to be eligible for the
application of section 401(o)(1)(A), 401(o)(1)(B)(iii), or
401(a)(26) of such Code (as added by this section) to such
plan solely because in the case of—
(i) such section 401(o)(1)(A), the plan was amended
before the date of the enactment of this Act to eliminate
1 or more benefits, rights, or features, and is further
amended after such date of enactment to provide such
previously eliminated benefits, rights, or features to
a closed class of participants, or
(ii) such section 401(o)(1)(B)(iii) or section
401(a)(26), the plan was amended before the date of
26 USC 401 note.
Effective date.
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133 STAT. 3174 PUBLIC LAW 116–94—DEC. 20, 2019
the enactment of this Act to cease all benefit accruals,
and is further amended after such date of enactment
to provide benefit accruals to a closed class of partici-
pants.
Any such section shall only apply if the plan otherwise
meets the requirements of such section and in applying
such section, the date the class of participants is closed
shall be the effective date of the later amendment.
SEC. 206. MODIFICATION OF PBGC PREMIUMS FOR CSEC PLANS.
(a) F
LAT
R
ATE
P
REMIUM
.—Subparagraph (A) of section
4006(a)(3) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1306(a)(3)) is amended—
(1) in clause (i), by striking ‘‘plan,’’ and inserting ‘‘plan
other than a CSEC plan (as defined in section 210(f)(1))’’;
(2) in clause (v), by striking ‘‘or’’ at the end;
(3) in clause (vi), by striking the period at the end and
inserting ‘‘, or’’; and
(4) by adding at the end the following new clause:
‘‘(vii) in the case of a CSEC plan (as defined in
section 210(f)(1)), for plan years beginning after
December 31, 2018, for each individual who is a partici-
pant in such plan during the plan year an amount
equal to the sum of—
‘‘(I) the additional premium (if any) deter-
mined under subparagraph (E), and
‘‘(II) $19.’’.
(b) V
ARIABLE
R
ATE
P
REMIUM
.—
(1) U
NFUNDED VESTED BENEFITS
.—
(A) I
N GENERAL
.—Subparagraph (E) of section
4006(a)(3) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1306(a)(3)) is amended by adding
at the end the following new clause:
‘‘(v) For purposes of clause (ii), in the case of a CSEC
plan (as defined in section 210(f)(1)), the term ‘unfunded
vested benefits’ means, for plan years beginning after
December 31, 2018, the excess (if any) of—
‘‘(I) the funding liability of the plan as determined
under section 306(j)(5)(C) for the plan year by only
taking into account vested benefits, over
‘‘(II) the fair market value of plan assets for the
plan year which are held by the plan on the valuation
date.’’.
(B) C
ONFORMING AMENDMENT
.—Clause (iii) of section
4006(a)(3)(E) of such Act (29 U.S.C. 1306(a)(3)(E)) is
amended by striking ‘‘For purposes’’ and inserting ‘‘Except
as provided in clause (v), for purposes’’.
(2) A
PPLICABLE DOLLAR AMOUNT
.—
(A) I
N GENERAL
.—Paragraph (8) of section 4006(a) of
such Act (29 U.S.C. 1306(a)) is amended by adding at
the end the following new subparagraph:
‘‘(E) CSEC
PLANS
.—In the case of a CSEC plan (as
defined in section 210(f)(1)), the applicable dollar amount
shall be $9.’’.
(B) C
ONFORMING AMENDMENT
.—Subparagraph (A) of
section 4006(a)(8) of such Act (29 U.S.C. 1306(a)(8)) is
Definition.
Applicability.
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133 STAT. 3175 PUBLIC LAW 116–94—DEC. 20, 2019
amended by striking ‘‘(B) and (C)’’ and inserting ‘‘(B), (C),
and (E)’’.
TITLE III—OTHER BENEFITS
SEC. 301. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND
EMERGENCY MEDICAL RESPONDERS.
(a) I
NCREASE IN
D
OLLAR
L
IMITATION ON
Q
UALIFIED
P
AY
-
MENTS
.—Subparagraph (B) of section 139B(c)(2) of the Internal
Revenue Code of 1986 is amended by striking ‘‘$30’’ and inserting
‘‘$50’’.
(b) E
XTENSION
.—Section 139B(d) of the Internal Revenue Code
of 1986 is amended by striking ‘‘beginning after December 31,
2010.’’ and inserting ‘‘beginning—
‘‘(1) after December 31, 2010, and before January 1, 2020,
or
‘‘(2) after December 31, 2020.’’.
(c) T
ECHNICAL
C
ORRECTION
.—Section 3121(a)(23) of such Code
is amended by striking ‘‘139B(b)’’ and inserting ‘‘section 139B(a)’’.
(d) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2019.
SEC. 302. EXPANSION OF SECTION 529 PLANS.
(a) D
ISTRIBUTIONS FOR
C
ERTAIN
E
XPENSES
A
SSOCIATED
W
ITH
R
EGISTERED
A
PPRENTICESHIP
P
ROGRAMS
.—Section 529(c) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
‘‘(8) T
REATMENT OF CERTAIN EXPENSES ASSOCIATED WITH
REGISTERED APPRENTICESHIP PROGRAMS
.—Any reference in this
subsection to the term ‘qualified higher education expense’ shall
include a reference to expenses for fees, books, supplies, and
equipment required for the participation of a designated bene-
ficiary in an apprenticeship program registered and certified
with the Secretary of Labor under section 1 of the National
Apprenticeship Act (29 U.S.C. 50).’’.
(b) D
ISTRIBUTIONS FOR
Q
UALIFIED
E
DUCATION
L
OAN
R
EPAY
-
MENTS
.—
(1) I
N GENERAL
.—Section 529(c) of such Code, as amended
by subsection (a), is amended by adding at the end the following
new paragraph:
‘‘(9) T
REATMENT OF QUALIFIED EDUCATION LOAN REPAY
-
MENTS
.—
‘‘(A) I
N GENERAL
.—Any reference in this subsection
to the term ‘qualified higher education expense’ shall
include a reference to amounts paid as principal or interest
on any qualified education loan (as defined in section
221(d)) of the designated beneficiary or a sibling of the
designated beneficiary.
‘‘(B) L
IMITATION
.—The amount of distributions treated
as a qualified higher education expense under this para-
graph with respect to the loans of any individual shall
not exceed $10,000 (reduced by the amount of distributions
so treated for all prior taxable years).
‘‘(C) S
PECIAL RULES FOR SIBLINGS OF THE DESIGNATED
BENEFICIARY
.—
26 USC 139B
note.
26 USC 139B.
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133 STAT. 3176 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(i) S
EPARATE ACCOUNTING
.—For purposes of
subparagraph (B) and subsection (d), amounts treated
as a qualified higher education expense with respect
to the loans of a sibling of the designated beneficiary
shall be taken into account with respect to such sibling
and not with respect to such designated beneficiary.
‘‘(ii) S
IBLING DEFINED
.—For purposes of this para-
graph, the term ‘sibling’ means an individual who bears
a relationship to the designated beneficiary which is
described in section 152(d)(2)(B).’’.
(2) C
OORDINATION WITH DEDUCTION FOR STUDENT LOAN
INTEREST
.—Section 221(e)(1) of such Code is amended by adding
at the end the following: ‘‘The deduction otherwise allowable
under subsection (a) (prior to the application of subsection
(b)) to the taxpayer for any taxable year shall be reduced
(but not below zero) by so much of the distributions treated
as a qualified higher education expense under section 529(c)(9)
with respect to loans of the taxpayer as would be includible
in gross income under section 529(c)(3)(A) for such taxable
year but for such treatment.’’.
(c) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to distributions made after December 31, 2018.
TITLE IV—REVENUE PROVISIONS
SEC. 401. MODIFICATION OF REQUIRED DISTRIBUTION RULES FOR
DESIGNATED BENEFICIARIES.
(a) M
ODIFICATION OF
R
ULES
W
HERE
E
MPLOYEE
D
IES
B
EFORE
E
NTIRE
D
ISTRIBUTION
.—
(1) I
N GENERAL
.—Section 401(a)(9) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subparagraph:
‘‘(H) S
PECIAL RULES FOR CERTAIN DEFINED CONTRIBU
-
TION PLANS
.—In the case of a defined contribution plan,
if an employee dies before the distribution of the employee’s
entire interest—
‘‘(i) I
N GENERAL
.—Except in the case of a bene-
ficiary who is not a designated beneficiary, subpara-
graph (B)(ii)—
‘‘(I) shall be applied by substituting ‘10 years’
for ‘5 years’, and
‘‘(II) shall apply whether or not distributions
of the employee’s interests have begun in accord-
ance with subparagraph (A).
‘‘(ii) E
XCEPTION FOR ELIGIBLE DESIGNATED BENE
-
FICIARIES
.—Subparagraph (B)(iii) shall apply only in
the case of an eligible designated beneficiary.
‘‘(iii) R
ULES UPON DEATH OF ELIGIBLE DESIGNATED
BENEFICIARY
.—If an eligible designated beneficiary dies
before the portion of the employee’s interest to which
this subparagraph applies is entirely distributed, the
exception under clause (ii) shall not apply to any bene-
ficiary of such eligible designated beneficiary and the
remainder of such portion shall be distributed within
10 years after the death of such eligible designated
beneficiary.
Time period.
Applicability.
26 USC 221 note.
26 USC 221.
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133 STAT. 3177 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(iv) S
PECIAL RULE IN CASE OF CERTAIN TRUSTS
FOR DISABLED OR CHRONICALLY ILL BENEFICIARIES
.—
In the case of an applicable multi-beneficiary trust,
if under the terms of the trust—
‘‘(I) it is to be divided immediately upon the
death of the employee into separate trusts for each
beneficiary, or
‘‘(II) no individual (other than a eligible des-
ignated beneficiary described in subclause (III) or
(IV) of subparagraph (E)(ii)) has any right to the
employee’s interest in the plan until the death
of all such eligible designated beneficiaries with
respect to the trust,
for purposes of a trust described in subclause (I), clause
(ii) shall be applied separately with respect to the
portion of the employee’s interest that is payable to
any eligible designated beneficiary described in sub-
clause (III) or (IV) of subparagraph (E)(ii); and, for
purposes of a trust described in subclause (II), subpara-
graph (B)(iii) shall apply to the distribution of the
employee’s interest and any beneficiary who is not
such an eligible designated beneficiary shall be treated
as a beneficiary of the eligible designated beneficiary
upon the death of such eligible designated beneficiary.
‘‘(v) A
PPLICABLE MULTI
-
BENEFICIARY TRUST
.—For
purposes of this subparagraph, the term ‘applicable
multi-beneficiary trust’ means a trust—
‘‘(I) which has more than one beneficiary,
‘‘(II) all of the beneficiaries of which are
treated as designated beneficiaries for purposes
of determining the distribution period pursuant
to this paragraph, and
‘‘(III) at least one of the beneficiaries of which
is an eligible designated beneficiary described in
subclause (III) or (IV) of subparagraph (E)(ii).
‘‘(vi) A
PPLICATION TO CERTAIN ELIGIBLE RETIRE
-
MENT PLANS
.—For purposes of applying the provisions
of this subparagraph in determining amounts required
to be distributed pursuant to this paragraph, all
eligible retirement plans (as defined in section
402(c)(8)(B), other than a defined benefit plan described
in clause (iv) or (v) thereof or a qualified trust which
is a part of a defined benefit plan) shall be treated
as a defined contribution plan.’’.
(2) D
EFINITION OF ELIGIBLE DESIGNATED BENEFICIARY
.—
Section 401(a)(9)(E) of such Code is amended to read as follows:
‘‘(E) D
EFINITIONS AND RULES RELATING TO DESIGNATED
BENEFICIARIES
.—For purposes of this paragraph—
‘‘(i) D
ESIGNATED BENEFICIARY
.—The term ‘des-
ignated beneficiary’ means any individual designated
as a beneficiary by the employee.
‘‘(ii) E
LIGIBLE DESIGNATED BENEFICIARY
.—The term
‘eligible designated beneficiary’ means, with respect
to any employee, any designated beneficiary who is—
‘‘(I) the surviving spouse of the employee,
26 USC 401.
Definition.
Applicability.
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133 STAT. 3178 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(II) subject to clause (iii), a child of the
employee who has not reached majority (within
the meaning of subparagraph (F)),
‘‘(III) disabled (within the meaning of section
72(m)(7)),
‘‘(IV) a chronically ill individual (within the
meaning of section 7702B(c)(2), except that the
requirements of subparagraph (A)(i) thereof shall
only be treated as met if there is a certification
that, as of such date, the period of inability
described in such subparagraph with respect to
the individual is an indefinite one which is reason-
ably expected to be lengthy in nature), or
‘‘(V) an individual not described in any of the
preceding subclauses who is not more than 10
years younger than the employee.
The determination of whether a designated beneficiary
is an eligible designated beneficiary shall be made
as of the date of death of the employee.
‘‘(iii) S
PECIAL RULE FOR CHILDREN
.—Subject to
subparagraph (F), an individual described in clause
(ii)(II) shall cease to be an eligible designated bene-
ficiary as of the date the individual reaches majority
and any remainder of the portion of the individual’s
interest to which subparagraph (H)(ii) applies shall
be distributed within 10 years after such date.’’.
(b) E
FFECTIVE
D
ATES
.—
(1) I
N GENERAL
.—Except as provided in this subsection,
the amendments made by this section shall apply to distribu-
tions with respect to employees who die after December 31,
2019.
(2) C
OLLECTIVE BARGAINING EXCEPTION
.—In the case of
a plan maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or more
employers ratified before the date of enactment of this Act,
the amendments made by this section shall apply to distribu-
tions with respect to employees who die in calendar years
beginning after the earlier of—
(A) the later of—
(i) the date on which the last of such collective
bargaining agreements terminates (determined without
regard to any extension thereof agreed to on or after
the date of the enactment of this Act), or
(ii) December 31, 2019, or
(B) December 31, 2021.
For purposes of subparagraph (A)(i), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any require-
ment added by this section shall not be treated as a termination
of such collective bargaining agreement.
(3) G
OVERNMENTAL PLANS
.—In the case of a governmental
plan (as defined in section 414(d) of the Internal Revenue
Code of 1986), paragraph (1) shall be applied by substituting
‘‘December 31, 2021’’ for ‘‘December 31, 2019’’.
(4) E
XCEPTION FOR CERTAIN EXISTING ANNUITY CON
-
TRACTS
.—
Applicability.
26 USC 401 note.
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133 STAT. 3179 PUBLIC LAW 116–94—DEC. 20, 2019
(A) I
N GENERAL
.—The amendments made by this sec-
tion shall not apply to a qualified annuity which is a
binding annuity contract in effect on the date of enactment
of this Act and at all times thereafter.
(B) Q
UALIFIED ANNUITY
.—For purposes of this para-
graph, the term ‘‘qualified annuity’’ means, with respect
to an employee, an annuity—
(i) which is a commercial annuity (as defined in
section 3405(e)(6) of the Internal Revenue Code of
1986);
(ii) under which the annuity payments are made
over the life of the employee or over the joint lives
of such employee and a designated beneficiary (or over
a period not extending beyond the life expectancy of
such employee or the joint life expectancy of such
employee and a designated beneficiary) in accordance
with the regulations described in section 401(a)(9)(A)(ii)
of such Code (as in effect before such amendments)
and which meets the other requirements of section
401(a)(9) of such Code (as so in effect) with respect
to such payments; and
(iii) with respect to which—
(I) annuity payments to the employee have
begun before the date of enactment of this Act,
and the employee has made an irrevocable election
before such date as to the method and amount
of the annuity payments to the employee or any
designated beneficiaries; or
(II) if subclause (I) does not apply, the
employee has made an irrevocable election before
the date of enactment of this Act as to the method
and amount of the annuity payments to the
employee or any designated beneficiaries.
(5) E
XCEPTION FOR CERTAIN BENEFICIARIES
.—
(A) I
N GENERAL
.—If an employee dies before the effec-
tive date, then, in applying the amendments made by this
section to such employee’s designated beneficiary who dies
after such date—
(i) such amendments shall apply to any beneficiary
of such designated beneficiary; and
(ii) the designated beneficiary shall be treated as
an eligible designated beneficiary for purposes of
applying section 401(a)(9)(H)(ii) of the Internal Rev-
enue Code of 1986 (as in effect after such amendments).
(B) E
FFECTIVE DATE
.—For purposes of this paragraph,
the term ‘‘effective date’’ means the first day of the first
calendar year to which the amendments made by this
section apply to a plan with respect to employees dying
on or after such date.
SEC. 402. INCREASE IN PENALTY FOR FAILURE TO FILE.
(a) I
N
G
ENERAL
.—The second sentence of subsection (a) of sec-
tion 6651 of the Internal Revenue Code of 1986 is amended by
striking ‘‘$330’’ and inserting ‘‘$435’’.
(b) I
NFLATION
A
DJUSTMENT
.—Section 6651(j)(1) of such Code
is amended by striking ‘‘$330’’ and inserting ‘‘$435’’.
26 USC 6651.
Definition.
Definition.
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133 STAT. 3180 PUBLIC LAW 116–94—DEC. 20, 2019
(c) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to returns the due date for which (including extensions)
is after December 31, 2019.
SEC. 403. INCREASED PENALTIES FOR FAILURE TO FILE RETIREMENT
PLAN RETURNS.
(a) I
N
G
ENERAL
.—Subsection (e) of section 6652 of the Internal
Revenue Code of 1986 is amended—
(1) by striking ‘‘$25’’ and inserting ‘‘$250’’; and
(2) by striking ‘‘$15,000’’ and inserting ‘‘$150,000’’.
(b) A
NNUAL
R
EGISTRATION
S
TATEMENT AND
N
OTIFICATION OF
C
HANGES
.—Subsection (d) of section 6652 of the Internal Revenue
Code of 1986 is amended—
(1) by striking ‘‘$1’’ both places it appears in paragraphs
(1) and (2) and inserting ‘‘$10’’;
(2) by striking ‘‘$5,000’’ in paragraph (1) and inserting
‘‘$50,000’’; and
(3) by striking ‘‘$1,000’’ in paragraph (2) and inserting
‘‘$10,000’’.
(c) F
AILURE
T
O
P
ROVIDE
N
OTICE
.—Subsection (h) of section
6652 of the Internal Revenue Code of 1986 is amended—
(1) by striking ‘‘$10’’ and inserting ‘‘$100’’; and
(2) by striking ‘‘$5,000’’ and inserting ‘‘$50,000’’.
(d) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to returns, statements, and notifications required to
be filed, and notices required to be provided, after December 31,
2019.
SEC. 404. INCREASE INFORMATION SHARING TO ADMINISTER EXCISE
TAXES.
(a) I
N
G
ENERAL
.—Section 6103(o) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new para-
graph:
‘‘(3) T
AXES IMPOSED BY SECTION 4481
.—Returns and return
information with respect to taxes imposed by section 4481
shall be open to inspection by or disclosure to officers and
employees of United States Customs and Border Protection
of the Department of Homeland Security whose official duties
require such inspection or disclosure for purposes of admin-
istering such section.’’.
(b) C
ONFORMING
A
MENDMENTS
.—Paragraph (4) of section
6103(p) of the Internal Revenue Code of 1986 is amended by striking
‘‘or (o)(1)(A)’’ each place it appears and inserting ‘‘, (o)(1)(A), or
(o)(3)’’.
TITLE V—TAX RELIEF FOR CERTAIN
CHILDREN
SEC. 501. MODIFICATION OF RULES RELATING TO THE TAXATION OF
UNEARNED INCOME OF CERTAIN CHILDREN.
(a) I
N
G
ENERAL
.—Section 1(j) of the Internal Revenue Code
of 1986 is amended by striking paragraph (4).
(b) C
OORDINATION
W
ITH
A
LTERNATIVE
M
INIMUM
T
AX
.—Section
55(d)(4)(A) of the Internal Revenue Code of 1986 is amended by
striking ‘‘and’’ at the end of clause (i)(II), by striking the period
26 USC 6652
note.
26 USC 6652.
26 USC 6651
note.
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133 STAT. 3181 PUBLIC LAW 116–94—DEC. 20, 2019
at the end of clause (ii)(III) and inserting ‘‘, and’’, and by adding
at the end the following new clause:
‘‘(iii) subsection (j) of section 59 shall not apply.’’.
(c) E
FFECTIVE
D
ATE
.—
(1) I
N GENERAL
.—Except as otherwise provided in this sub-
section, the amendment made by subsection (a) shall apply
to taxable years beginning after December 31, 2019.
(2) C
OORDINATION WITH ALTERNATIVE MINIMUM TAX
.—The
amendment made by subsection (b) shall apply to taxable years
beginning after December 31, 2017.
(3) E
LECTIVE RETROACTIVE APPLICATION
.—A taxpayer may
elect (at such time and in such manner as the Secretary of
the Treasury (or the Secretary’s designee) may provide) for
the amendment made by subsection (a) to also apply to taxable
years of the taxpayer which begin in 2018, 2019, or both (as
specified by the taxpayer in such election).
TITLE VI—ADMINISTRATIVE
PROVISIONS
SEC. 601. PROVISIONS RELATING TO PLAN AMENDMENTS.
(a) I
N
G
ENERAL
.—If this section applies to any retirement plan
or contract amendment—
(1) such retirement plan or contract shall be treated as
being operated in accordance with the terms of the plan during
the period described in subsection (b)(2)(A); and
(2) except as provided by the Secretary of the Treasury
(or the Secretary’s delegate), such retirement plan shall not
fail to meet the requirements of section 411(d)(6) of the Internal
Revenue Code of 1986 and section 204(g) of the Employee
Retirement Income Security Act of 1974 by reason of such
amendment.
(b) A
MENDMENTS TO
W
HICH
S
ECTION
A
PPLIES
.—
(1) I
N GENERAL
.—This section shall apply to any amend-
ment to any retirement plan or annuity contract which is
made—
(A) pursuant to any amendment made by this Act
or pursuant to any regulation issued by the Secretary
of the Treasury or the Secretary of Labor (or a delegate
of either such Secretary) under this Act; and
(B) on or before the last day of the first plan year
beginning on or after January 1, 2022, or such later date
as the Secretary of the Treasury may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), or an applicable
collectively bargained plan in the case of section 401 (and
the amendments made thereby), this paragraph shall be applied
by substituting ‘‘2024’’ for ‘‘2022’’. For purposes of the preceding
sentence, the term ‘‘applicable collectively bargained plan’’
means a plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and
1 or more employers ratified before the date of enactment
of this Act.
(2) C
ONDITIONS
.—This section shall not apply to any
amendment unless—
(A) during the period—
Time period.
Definition.
Effective date.
26 USC 414 note.
Applicability.
26 USC 1 note.
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133 STAT. 3182 PUBLIC LAW 116–94—DEC. 20, 2019
(i) beginning on the date the legislative or regu-
latory amendment described in paragraph (1)(A) takes
effect (or in the case of a plan or contract amendment
not required by such legislative or regulatory amend-
ment, the effective date specified by the plan); and
(ii) ending on the date described in paragraph
(1)(B) (as modified by the second sentence of paragraph
(1)) (or, if earlier, the date the plan or contract amend-
ment is adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect; and
(B) such plan or contract amendment applies retro-
actively for such period.
DIVISION P—OTHER MATTER
TITLE I—PLATTE RIVER RECOVERY
IMPLEMENTATION PROGRAM
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Platte River Recovery
Implementation Program Extension Act’’.
SEC. 102. PURPOSE.
The purpose of this Act is to authorize the Secretary of the
Interior, acting through the Commissioner of Reclamation and in
partnership with the States, other Federal agencies, and other
non-Federal entities, to continue the cooperative effort among the
Federal and non-Federal entities through the continued
implementation of the Platte River Recovery Implementation Pro-
gram First Increment Extension for threatened and endangered
species in the Central and Lower Platte River Basin without cre-
ating Federal water rights or requiring the grant of water rights
to Federal entities.
SEC. 103. DEFINITIONS.
In this Act:
(1) A
GREEMENT
.—The term ‘‘Agreement’’ means the Platte
River Recovery Implementation Program Cooperative Agree-
ment entered into by the Governors of the States and the
Secretary, including an amendment or addendum to the Agree-
ment to extend the Program.
(2) F
IRST INCREMENT
.—The term ‘‘First Increment’’ means
the Program’s first 13 years from January 1, 2007 through
December 31, 2019.
(3) F
IRST INCREMENT EXTENSION
.—The term ‘‘First Incre-
ment Extension’’ means the extension of the Program for 13
years from January 1, 2020 through December 31, 2032.
(4) G
OVERNANCE COMMITTEE
.—The term ‘‘Governance Com-
mittee’’ means the governance committee established under
the Agreement and composed of members from the States,
the Federal Government, environmental interests, and water
users.
(5) I
NTEREST IN LAND OR WATER
.—The term ‘‘interest in
land or water’’ includes fee title, short- or long-term easement,
lease, or other contractual arrangement that is determined
Platte River
Recovery
Implementation
Program
Extension Act.
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133 STAT. 3183 PUBLIC LAW 116–94—DEC. 20, 2019
to be necessary by the Secretary to implement the land and
water components of the Program.
(6) P
ROGRAM
.—The term ‘‘Program’’ means the Platte River
Recovery Implementation Program established under the
Agreement and continued under an amendment or addendum
to the Agreement.
(7) P
ROJECT OR ACTIVITY
.—The term ‘‘project or activity’’
means—
(A) the planning, design, permitting, or other compli-
ance activity, construction, construction management, oper-
ation, maintenance, and replacement of a facility;
(B) the acquisition of an interest in land or water;
(C) habitat restoration;
(D) research and monitoring;
(E) program administration; and
(F) any other activity that is determined to be nec-
essary by the Secretary to carry out the Program.
(8) S
ECRETARY
.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Commissioner of Reclama-
tion.
(9) S
TATES
.—The term ‘‘States’’ means the States of Colo-
rado, Nebraska, and Wyoming.
SEC. 104. PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM.
(a) I
MPLEMENTATION OF
P
ROGRAM
.—
(1) I
N GENERAL
.—The Secretary, in cooperation with the
Governance Committee, may—
(A) participate in the Program; and
(B) carry out any projects and activities that are des-
ignated for implementation during the First Increment
Extension.
(2) A
UTHORITY OF THE SECRETARY
.—For the purposes of
carrying out this section, the Secretary, in cooperation with
the Governance Committee, may—
(A) enter into agreements and contracts with Federal
and non-Federal entities;
(B) acquire interests in land, water, and facilities from
willing sellers without the use of eminent domain;
(C) subsequently transfer any interests acquired under
subparagraph (B); and
(D) accept or provide grants.
(b) C
OST
-S
HARING
C
ONTRIBUTIONS
.—
(1) I
N GENERAL
.—As provided in the Agreement, the States
shall contribute not less than 50 percent of the total contribu-
tions necessary to carry out the Program.
(2) N
ON
-
FEDERAL CONTRIBUTIONS
.—The following contribu-
tions shall constitute the States’ share of the Program:
(A) An additional $28,000,000 in non-Federal funds,
with the balance of funds remaining to be contributed
to be adjusted for inflation on October 1 of the year after
the date of enactment of this Act and each October 1
thereafter.
(B) Additional credit for contributions of water or land
for the purposes of implementing the Program, as deter-
mined to be appropriate by the Secretary.
(3) I
N
-
KIND CONTRIBUTIONS
.—The Secretary or the States
may elect to provide a portion of the Federal share or non-
Cooperation.
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133 STAT. 3184 PUBLIC LAW 116–94—DEC. 20, 2019
Federal share, respectively, in the form of in-kind goods or
services, if the contribution of goods or services is approved
by the Governance Committee, as provided in Attachment 1
of the Agreement.
(c) A
UTHORITY
T
O
M
ODIFY
P
ROGRAM
.—The Program may be
modified or amended before the completion of the First Increment
Extension if the Secretary and the States determine that the modi-
fications are consistent with the purposes of the Program.
(d) E
FFECT
.—
(1) E
FFECT ON RECLAMATION LAWS
.—No action carried out
under this section shall, with respect to the acreage limitation
provisions of the reclamation laws—
(A) be considered in determining whether a district
(as the term is defined in section 202 of the Reclamation
Reform Act of 1982 (43 U.S.C. 390bb)) has discharged
the obligation of the district to repay the construction cost
of project facilities used to make irrigation water available
for delivery to land in the district;
(B) serve as the basis for reinstating acreage limitation
provisions in a district that has completed payment of
the construction obligations of the district; or
(C) serve as the basis for increasing the construction
repayment obligation of the district, which would extend
the period during which the acreage limitation provisions
would apply.
(2) E
FFECT ON WATER RIGHTS
.—Nothing in this section—
(A) creates Federal water rights; or
(B) requires the grant of water rights to Federal enti-
ties.
(e) A
UTHORIZATION OF
A
PPROPRIATIONS
.—
(1) I
N GENERAL
.—There is authorized to be appropriated
to carry out projects and activities under this section an addi-
tional $78,000,000 as adjusted under paragraph (3).
(2) N
ONREIMBURSABLE FEDERAL EXPENDITURES
.—Any
amounts to be expended under paragraph (1) shall be consid-
ered nonreimbursable Federal expenditures.
(3) A
DJUSTMENT
.—The balance of funds remaining to be
expended shall be adjusted for inflation on October 1 of the
year after the date of enactment of this Act and each October
1 thereafter.
(4) A
VAILABILITY OF FUNDS
.—At the end of each fiscal year,
any unexpended funds for projects and activities made available
under paragraph (1) shall be retained for use in future fiscal
years to implement projects and activities under the Program.
Any unexpended funds appropriated during the First Increment
shall be retained and carried over from the First Increment
into the First Increment Extension.
(f) T
ERMINATION OF
A
UTHORITY
.—The authority for the Sec-
retary to implement the First Increment Extension shall terminate
on September 30, 2033.
TITLE II—GREAT LAKES
SEC. 201. GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND
RESEARCH.
(a) D
EFINITIONS
.—In this section:
16 USC 941h.
Fish and fishing.
Canada.
Determination.
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133 STAT. 3185 PUBLIC LAW 116–94—DEC. 20, 2019
(1) D
IRECTOR
.—The term ‘‘Director’’ means the Director
of the United States Geological Survey.
(2) G
REAT LAKES BASIN
.—The term ‘‘Great Lakes Basin’’
means the air, land, water, and living organisms in the United
States within the drainage basin of the Saint Lawrence River
at and upstream from the point at which such river and the
Great Lakes become the international boundary between
Canada and the United States.
(b) F
INDINGS
.—Congress finds the following:
(1) The Great Lakes support a diverse ecosystem, on which
the vibrant and economically valuable Great Lakes fisheries
depend.
(2) To continue successful fisheries management and
coordination, as has occurred since signing of the Convention
on Great Lakes Fisheries between the United States and
Canada on September 10, 1954, management of the ecosystem
and its fisheries require sound, reliable science, and the use
of modern scientific technologies.
(3) Fisheries research is necessary to support multi-jurisdic-
tional fishery management decisions and actions regarding rec-
reational and sport fishing, commercial fisheries, tribal harvest,
allocation decisions, and fish stocking activities.
(4) President Richard Nixon submitted, and the Congress
approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring
science activities and management of marine fisheries to the
National Oceanic and Atmospheric Administration.
(5) Reorganization Plan No. 4 expressly excluded fishery
research activities within the Great Lakes from the transfer,
retaining management and scientific research duties within
the already-established jurisdictions under the 1954 Convention
on Great Lakes Fisheries, including those of the Great Lakes
Fishery Commission and the Department of the Interior.
(c) M
ONITORING
, A
SSESSMENT
, S
CIENCE
,
AND
R
ESEARCH
.—
(1) I
N GENERAL
.—The Director may conduct monitoring,
assessment, science, and research, in support of the binational
fisheries within the Great Lakes Basin.
(2) S
PECIFIC AUTHORITIES
.—The Director shall, under para-
graph (1)—
(A) execute a comprehensive, multi-lake, freshwater
fisheries science program;
(B) coordinate with and work cooperatively with
regional, State, tribal, and local governments; and
(C) consult with other interested entities groups,
including academia and relevant Canadian agencies.
(3) I
NCLUDED RESEARCH
.—To properly serve the needs of
fisheries managers, monitoring, assessment, science, and
research under this section may include—
(A) deepwater ecosystem sciences;
(B) biological and food-web components;
(C) fish movement and behavior investigations;
(D) fish population structures;
(E) fish habitat investigations;
(F) invasive species science;
(G) use of existing, new, and experimental biological
assessment tools, equipment, vessels, other scientific
instrumentation and laboratory capabilities necessary to
support fishery management decisions; and
Consultation.
Coordination.
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133 STAT. 3186 PUBLIC LAW 116–94—DEC. 20, 2019
(H) studies to assess impacts on Great Lakes Fishery
resources.
(4) S
AVINGS CLAUSE
.—Nothing in this section is intended
or shall be construed to impede, supersede, or alter the
authority of the Great Lakes Fishery Commission, States, and
Indian tribes under the Convention on Great Lakes Fisheries
between the United States of America and Canada on Sep-
tember 10, 1954, and the Great Lakes Fishery Act of 1956
(16 U.S.C. 931 et seq.).
(d) A
UTHORIZATION OF
A
PPROPRIATIONS
.—For each of fiscal
years 2021 through 2025, there is authorized to be appropriated
$15,000,000 to carry out this section.
TITLE III—MORRIS K. UDALL AND
STEWART L. UDALL FOUNDATION
SEC. 301. FINDINGS.
Congress finds the following:
(1) Since 1999, the Morris K. Udall and Stewart L. Udall
Foundation (referred to in this Act as the ‘‘Foundation’’) has
operated the Parks in Focus program to provide opportunities
for the youth of the United States to learn about and experience
the Nation’s parks and wilderness, and other outdoor areas.
(2) Since 2001, the Foundation has conducted research
and provided education and training to Native American and
Alaska Native professionals and leaders on Native American
and Alaska Native health care issues and tribal public policy
through the Native Nations Institute for Leadership, Manage-
ment, and Policy.
(3) The Foundation is committed to continuing to make
a substantial contribution toward public policy in the future
by—
(A) playing a significant role in developing the next
generation of environmental, public health, public lands,
natural resource, and Native American leaders; and
(B) working with current leaders to improve collabora-
tion and decision-making on challenging environmental,
energy, public health, and related economic problems and
tribal governance and economic development issues.
SEC. 302. DEFINITIONS.
(a) I
N
G
ENERAL
.—Section 4 of the Morris K. Udall and Stewart
L. Udall Foundation Act (20 U.S.C. 5602) is amended—
(1) in paragraph (2), by striking ‘‘the Udall Center for
Studies in Public Policy established at the University of Arizona
in 1987’’ and inserting ‘‘the Udall Center for Studies in Public
Policy established in 1987 at the University of Arizona, and
includes the Native Nations Institute’’;
(2) by striking paragraph (6);
(3) by redesignating paragraphs (3) through (5), (8), and
(9) as paragraphs (4) through (6), (11), and (12), respectively;
(4) by inserting after paragraph (2) the following:
‘‘(3) the term ‘collaboration’ means to work in partnership
with other entities for the purpose of—
‘‘(A) resolving disputes;
20 USC 5601
note.
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133 STAT. 3187 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(B) addressing issues that may cause or result in
disputes; or
‘‘(C) streamlining and enhancing Federal, State, or
tribal environmental and natural resource decision-making
processes or procedures that may result in a dispute or
conflict;’’;
(5) in paragraph (7), by striking ‘‘section 1201(a)’’ and
inserting ‘‘section 101(a)’’;
(6) by inserting after paragraph (7) the following:
‘‘(8) the term ‘National Center’ means the John S. McCain
III National Center for Environmental Conflict Resolution
established pursuant to section 7(a)(1)(B);’’; and
(7) by inserting after paragraph (8), as added by paragraph
(6), the following:
‘‘(9) the term ‘Nation’s parks and wilderness’ means units
of the National Park System and components of the National
Wilderness Preservation System;
‘‘(10) the term ‘Native Nations Institute’ means the Native
Nations Institute for Leadership, Management, and Policy
established at the University of Arizona in 2001;’’.
(b) C
ONFORMING
A
MENDMENT
.—Section 3(5)(B) of the Morris
K. Udall and Stewart L. Udall Foundation Act (20 U.S.C.
5601(5)(B)) is amended by striking ‘‘the United States Institute
for Environmental Conflict Resolution’’ and inserting ‘‘the National
Center (previously known as the United States Institute for
Environmental Conflict Resolution)’’.
(c) R
EFERENCES TO
U
NITED
S
TATES
I
NSTITUTE FOR
E
NVIRON
-
MENTAL
C
ONFLICT
R
ESOLUTION
.—Any reference to the United States
Institute for Environmental Conflict Resolution in any Federal law,
Executive Order, rule, delegation of authority, or document shall
be construed to refer to the John S. McCain III National Center
for Environmental Conflict Resolution established under section
7(a)(1)(B) of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5605(a)(1)(B)).
SEC. 303. ESTABLISHMENT OF MORRIS K. UDALL AND STEWART L.
UDALL FOUNDATION.
Section 5(e) of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5603(e)) is amended by striking
‘‘Arizona.’’ and inserting ‘‘Arizona and the District of Columbia.’’.
SEC. 304. PURPOSE OF THE FOUNDATION.
Section 6 of the Morris K. Udall and Stewart L. Udall Founda-
tion Act (20 U.S.C. 5604) is amended—
(1) in paragraph (4), by striking ‘‘establish a Program for
Environmental Policy Research and Environmental Conflict
Resolution and Training at the Center’’ and inserting ‘‘establish
a program for environmental policy research at the Center
and a program for environmental conflict resolution and
training at the National Center’’;
(2) in paragraph (5), by inserting ‘‘, natural resource, con-
flict resolution,’’ after ‘‘environmental’’;
(3) in paragraph (7)—
(A) by inserting ‘‘at the Native Nations Institute’’ after
‘‘develop resources’’; and
(B) by inserting ‘‘providing education to and’’ after
‘‘policy, by’’; and
(4) in paragraph (8)—
20 USC 5605
note.
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133 STAT. 3188 PUBLIC LAW 116–94—DEC. 20, 2019
(A) by striking ‘‘United States Institute for Environ-
mental Conflict Resolution’’ and inserting ‘‘John S. McCain
III National Center for Environmental Conflict Resolution’’;
and
(B) by striking ‘‘resolve environmental’’ and inserting
‘‘resolve environmental issues, conflicts, and’’.
SEC. 305. AUTHORITY OF THE FOUNDATION.
Section 7 of the Morris K. Udall and Stewart L. Udall Founda-
tion Act (20 U.S.C. 5605) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking subparagraphs (A) through (C) and
inserting the following:
‘‘(A) G
ENERAL PROGRAMMING AUTHORITY
.—The Founda-
tion is authorized to identify and conduct, directly or by
contract, such programs, activities, and services as the
Foundation considers appropriate to carry out the purposes
described in section 6, which may include—
‘‘(i) awarding scholarships, fellowships, intern-
ships, and grants, by national competition, to eligible
individuals, as determined by the Foundation and in
accordance with paragraphs (2), (3), and (4), for study
in fields related to the environment or Native American
and Alaska Native health care and tribal policy;
‘‘(ii) funding the Center to carry out and manage
other programs, activities, and services; and
‘‘(iii) other education programs that the Board
determines are consistent with the purposes for which
the Foundation is established.’’;
(ii) by redesignating subparagraph (D) as subpara-
graph (B); and
(iii) in subparagraph (B), as redesignated—
(I) in the subparagraph heading, by striking
‘‘I
NSTITUTE FOR
E
NVIRONMENTAL
C
ONFLICT
R
ESO
-
LUTION
’’ and inserting ‘‘J
OHN S
.
MCCAIN III
NATIONAL CENTER FOR ENVIRONMENTAL CONFLICT
RESOLUTION
’’;
(II) in clause (i)—
(aa) in subclause (I), by striking ‘‘United
States Institute for Environmental Conflict
Resolution’’ and inserting ‘‘John S. McCain III
National Center for Environmental Conflict
Resolution’’; and
(bb) in subclause (II)—
(AA) by inserting ‘‘collaboration,’’ after
‘‘mediation,’’; and
(BB) by striking ‘‘to resolve environ-
mental disputes.’’ and inserting the fol-
lowing: ‘‘to resolve—
‘‘(aa) environmental disputes; and
‘‘(bb) Federal, State, or tribal environ-
mental or natural resource decision-making
processes or procedures that may result in
a dispute or conflict that may cause or result
in disputes.’’; and
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133 STAT. 3189 PUBLIC LAW 116–94—DEC. 20, 2019
(III) in clause (ii), by inserting ‘‘collaboration,’’
after ‘‘mediation,’’;
(B) by striking paragraph (5);
(C) by redesignating paragraphs (6) and (7) as para-
graphs (7) and (8), respectively;
(D) by inserting after paragraph (4) the following:
‘‘(5) P
ARKS IN FOCUS
.—The Foundation shall—
‘‘(A) identify and invite the participation of youth
throughout the United States to enjoy the Nation’s parks
and wilderness and other outdoor areas, in an education
program intended to carry out the purpose of paragraphs
(1) and (2) of section 6; and
‘‘(B) provide training and education programs and
activities to teach Federal employees, natural resource
professionals, elementary and secondary school educators,
and others to work with youth to promote the use and
enjoyment of the Nation’s parks and wilderness and other
outdoor areas.
‘‘(6) S
PECIFIC PROGRAMS
.—The Foundation shall assist in
the development and implementation of programs at the
Center—
‘‘(A) to provide for an annual meeting of experts to
discuss contemporary environmental issues;
‘‘(B) to conduct environmental policy research; and
‘‘(C) to promote dialogue with visiting policymakers
on environmental, natural resource, and public lands
issues.’’;
(E) in paragraph (7), as redesignated by subparagraph
(C), by striking ‘‘Morris K. Udall’s papers’’ and inserting
‘‘the papers of Morris K. Udall and Stewart L. Udall’’;
and
(F) by adding at the end the following:
‘‘(9) N
ATIVE NATIONS INSTITUTE
.—The Foundation shall pro-
vide direct or indirect assistance to the Native Nations Institute
from the annual appropriations to the Trust Fund in such
amounts as Congress may direct to conduct research and pro-
vide education and training to Native American and Alaska
Native professionals and leaders on Native American and
Alaska Native health care issues and tribal public policy issues
as provided in section 6(7).’’;
(2) by striking subsection (c) and inserting the following:
‘‘(c) P
ROGRAM
P
RIORITIES
.—
‘‘(1) I
N GENERAL
.—The Foundation shall determine the pri-
ority of the programs to be carried out under this Act and
the amount of funds to be allocated for such programs from
the funds earned annually from the interest derived from the
investment of the Trust Fund, subject to paragraph (2).
‘‘(2) L
IMITATIONS
.—In determining the amount of funds
to be allocated for programs carried out under this Act for
a year—
‘‘(A) not less than 50 percent of such annual interest
earnings shall be utilized for the programs set forth in
paragraphs (2), (3), (4), and (5) of subsection (a);
‘‘(B) not more than 17.5 percent of such annual interest
earnings shall be allocated for salaries and other adminis-
trative purposes; and
Determination.
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133 STAT. 3190 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(C) not less than 20 percent of such annual interest
earnings shall be appropriated to the Center for activities
under paragraphs (7) and (8) of subsection (a).’’; and
(3) by adding at the end the following:
‘‘(d) D
ONATIONS
.—Any funds received by the Foundation in
the form of donations or grants, as well as any unexpended earnings
on interest from the Trust Fund that is carried forward from
prior years—
‘‘(1) shall not be included in the calculation of the funds
available for allocations pursuant to subsection (c); and
‘‘(2) shall be available to carry out the provisions of this
Act as the Board determines to be necessary and appropriate.’’.
SEC. 306. ENVIRONMENTAL DISPUTE RESOLUTION FUND.
Section 10(b) of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5607a(b)) is amended by striking
‘‘Institute’’ and inserting ‘‘National Center’’.
SEC. 307. USE OF THE NATIONAL CENTER BY A FEDERAL AGENCY
OR OTHER ENTITY.
Section 11 of the Morris K. Udall and Stewart L. Udall Founda-
tion Act (20 U.S.C. 5607b) is amended—
(1) in the section heading, by striking ‘‘
the institute
’’ and
inserting ‘‘
the national center
’’;
(2) in subsection (a)—
(A) by striking ‘‘Institute’’ and inserting ‘‘National
Center’’;
(B) by inserting ‘‘collaboration,’’ after ‘‘mediation,’’; and
(C) by striking ‘‘resources.’’ and inserting ‘‘resources,
or with a Federal, State, or tribal process or procedure
that may result in a dispute or conflict.’’;
(3) in subsection (b)(1), by striking ‘‘Institute’’ and inserting
‘‘National Center’’;
(4) in subsection (c)—
(A) in paragraph (1), by striking ‘‘Institute’’ and
inserting ‘‘National Center’’;
(B) in paragraph (2)(C), by inserting ‘‘mediation,
collaboration, and’’ after ‘‘agree to’’; and
(C) in paragraph (3)(A), by striking ‘‘Institute’’ and
inserting ‘‘National Center’’;
(5) in each of paragraphs (1)(A) and (2) of subsection (d),
by striking ‘‘Institute’’ and inserting ‘‘National Center’’;
(6) in each of paragraphs (1) and (2) of subsection (e),
by striking ‘‘Institute’’ and inserting ‘‘National Center’’; and
(7) in subsection (f), by striking ‘‘Institute’’ and inserting
‘‘National Center’’.
SEC. 308. ADMINISTRATIVE PROVISIONS.
Section 12 of the Morris K. Udall and Stewart L. Udall Founda-
tion Act (20 U.S.C. 5608) is amended—
(1) in subsection (a)—
(A) in paragraph (4), by striking ‘‘accept, hold, admin-
ister, and utilize gifts’’ and inserting ‘‘accept, hold, solicit,
administer, and utilize donations, grants, and gifts’’; and
(B) in paragraph (7), by striking ‘‘in the District of
Columbia or its environs’’ and inserting ‘‘in the District
of Columbia and Tucson, Arizona, or their environs’’; and
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133 STAT. 3191 PUBLIC LAW 116–94—DEC. 20, 2019
(2) in subsection (b), by striking ‘‘, with the exception
of paragraph (4), apply to the Institute’’ and inserting ‘‘apply
to the National Center’’.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of the Morris K. Udall and Stewart L. Udall Founda-
tion Act (20 U.S.C. 5609) is amended—
(1) in subsection (a), by striking ‘‘$40,000,000’’ and inserting
‘‘$2,000,000 for each of fiscal years 2020 through 2023’’; and
(2) in subsection (b), by striking ‘‘fiscal years 2004 through
2008’’ and inserting ‘‘fiscal years 2020 through 2023’’.
SEC. 310. AUDIT OF THE FOUNDATION.
Not later than 2 years after the date of enactment of this
Act, the Inspector General of the Department of the Interior shall
conduct an audit of the Morris K. Udall and Stewart L. Udall
Foundation.
TITLE IV—WHITE HORSE HILL
NATIONAL GAME PRESERVE
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘White Horse Hill National
Game Preserve Designation Act’’.
SEC. 402. DESIGNATION OF WHITE HORSE HILL NATIONAL GAME PRE-
SERVE, NORTH DAKOTA.
(a) R
EDESIGNATION
.—The first section of the Act of March 3,
1931 (46 Stat. 1509, chapter 439; 16 U.S.C. 674a), is amended
by striking ‘‘Sullys Hill National Game Preserve’’ and inserting
‘‘White Horse Hill National Game Preserve’’.
(b) C
ONFORMING
A
MENDMENT
.—Section 2 of the Act of March
3, 1931 (46 Stat. 1509, chapter 439; 16 U.S.C. 674b), is amended
by striking ‘‘Sullys Hill National Game Preserve’’ and inserting
‘‘White Horse Hill National Game Preserve’’.
(c) R
EFERENCES
.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Sullys
Hill National Game Preserve shall be considered to be a reference
to the ‘‘White Horse Hill National Game Preserve’’.
TITLE V—PITTMAN-ROBERTSON FUND
SEC. 501. MODERNIZING THE PITTMAN-ROBERTSON FUND FOR TOMOR-
ROW’S NEEDS.
(a) S
HORT
T
ITLE
.—This title may be cited as the ‘‘Modernizing
the Pittman-Robertson Fund for Tomorrow’s Needs Act’’.
(b) P
URPOSE
.—The first section of the Pittman-Robertson Wild-
life Restoration Act (16 U.S.C. 669) is amended by adding at the
end the following: ‘‘One of the purposes of this Act is to provide
financial and technical assistance to the States for the promotion
of hunting and recreational shooting.’’.
(c) D
EFINITIONS
.—Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended—
(1) by redesignating paragraphs (2) through (9) as para-
graphs (4) through (11), respectively; and
16 USC 669a
note.
Modernizing the
Pittman-
Robertson Fund
for Tomorrow’s
Needs Act.
16 USC 674a
note.
16 USC 674 note.
White Horse Hill
National
Game Preserve
Designation Act.
Deadline.
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133 STAT. 3192 PUBLIC LAW 116–94—DEC. 20, 2019
(2) by inserting after paragraph (1) the following:
‘‘(2) for the purposes of determining the number of paid
hunting-license holders in a State, the term ‘fiscal year’ means
the fiscal year or license year of the State;
‘‘(3) the term ‘hunter recruitment and recreational shooter
recruitment’ means any activity or project to recruit or retain
hunters and recreational shooters, including by—
‘‘(A) outreach and communications as a means—
‘‘(i) to improve communications with hunters, rec-
reational shooters, and the general public with respect
to hunting and recreational shooting opportunities;
‘‘(ii) to reduce barriers to participation in these
activities;
‘‘(iii) to advance the adoption of sound hunting
and recreational shooting practices;
‘‘(iv) to promote conservation and the responsible
use of the wildlife resources of the United States; and
‘‘(v) to further safety in hunting and recreational
shooting;
‘‘(B) providing education, mentoring, and field dem-
onstrations;
‘‘(C) enhancing access for hunting and recreational
shooting, including through range construction; and
‘‘(D) providing education to the public about the role
of hunting and recreational shooting in funding wildlife
conservation;’’.
(d) A
PPORTIONMENT OF
A
VAILABLE
A
MOUNTS
.—
(1) A
PPORTIONMENT OF CERTAIN TAXES
.—The first sub-
section (c) of section 4 of the Pittman-Robertson Wildlife Res-
toration Act (16 U.S.C. 669c) is amended—
(A) by inserting ‘‘A
PPORTIONMENT OF
R
EVENUES
F
ROM
P
ISTOLS
, R
EVOLVERS
, B
OWS
,
AND
A
RROWS
.—’’ after the enu-
merator;
(B) by striking ‘‘One-half’’ and inserting the following:
‘‘(1) I
N GENERAL
.—Subject to paragraph (2),
1
⁄
2
’’;
(C) by striking ‘‘: Provided, That’’ and inserting a
period;
(D) by striking ‘‘each State shall be apportioned not
more than 3 per centum and not less than 1 per centum
of such revenues’’ and inserting the following:
‘‘(2) C
ONDITION
.—The amount apportioned to each State
under paragraph (1) shall be not greater than 3 percent and
not less than 1 percent of the revenues described in such
paragraph’’;
(E) by striking ‘‘For the purpose’’ and inserting the
following:
‘‘(3) P
OPULATION DETERMINATION
.—For the purpose’’; and
(F) by adding at the end the following:
‘‘(4) U
SE OF FUNDS
.—In addition to other uses authorized
under this Act, amounts apportioned under this subsection
may be used for hunter recruitment and recreational shooter
recruitment.’’.
(2) T
ECHNICAL CORRECTION
.—Section 4 of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669c) is
amended—
(A) by redesignating the second subsection (c) and sub-
section (d) as subsections (d) and (e), respectively; and
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133 STAT. 3193 PUBLIC LAW 116–94—DEC. 20, 2019
(B) by striking ‘‘subsection (c)’’ in the redesignated
section 4(e)(3) and replacing it with ‘‘subsection (d), as
redesignated’’.
(e) E
XPENDITURES FOR
M
ANAGEMENT OF
W
ILDLIFE
A
REAS AND
R
ESOURCES
.—Section 8 of the Pittman-Robertson Wildlife Restora-
tion Act (16 U.S.C. 669g) is amended—
(1) in subsection (a), in the third sentence, by striking
‘‘and public relations’’; and
(2) in subsection (b), in the first sentence, by striking
‘‘, as a part of such program’’.
(f) F
IREARM AND
B
OW
H
UNTER
E
DUCATION AND
S
AFETY
P
RO
-
GRAM
G
RANTS
.—Section 10(a)(1)(A) of the Pittman-Robertson Wild-
life Restoration Act (16 U.S.C. 669h–1(a)(1)(A)) is amended—
(1) in clause (iii), by striking ‘‘and’’ at the end; and
(2) by adding at the end the following:
‘‘(v) the enhancement of hunter recruitment and
recreational shooter recruitment; and’’.
(g) M
ULTISTATE
C
ONSERVATION
G
RANT
P
ROGRAM
.—
(1) I
N GENERAL
.—Section 11 of the Pittman-Robertson Wild-
life Restoration Act (16 U.S.C. 669h–2) is amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘Not more than’’ and inserting the
following:
‘‘(A) I
N GENERAL
.—Not more than’’; and
(ii) by adding at the end the following:
‘‘(B) A
VAILABILITY FOR HUNTER AND RECREATIONAL
SHOOTER GRANTS
.—Not more than $5,000,000 of the reve-
nues covered into the fund from any tax imposed under
section 4161(b) of the Internal Revenue Code of 1986 for
a fiscal year shall be available to the Secretary exclusively
for making hunter recruitment and recreational shooter
recruitment grants that promote a national hunting and
shooting sport recruitment program, including related
communication and outreach activities.’’;
(B) in the matter preceding subsection (b)(3)(A), by
striking ‘‘International’’;
(C) in the matter preceding subsection (c)(2)(A)(i), by
striking ‘‘International’’;
(D) in subsection (c)(2)(A)(i), by inserting ‘‘or to rec-
reational shooting activities’’ after ‘‘wildlife’’; and
(E) in subsection (d), by inserting ‘‘or to recreational
shooting activities’’ after ‘‘wildlife’’.
(2) S
TUDY
.—Not later than 10 years after the date of enact-
ment of this Act, the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service,
shall—
(A) review and evaluate the effects of the funds made
available under subparagraph (B) of section 11(a)(1) of
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669h–2(a)(1)) (as added by paragraph (1)(A)(ii)) on funds
available for wildlife conservation; and
(B) submit a report describing the results of the review
and evaluation under paragraph (1) to—
(i) the Committee on Environment and Public
Works of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
Reports.
Review.
Evaluation.
Deadline.
16 USC 669h–2
note.
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133 STAT. 3194 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE VI—JOHN F. KENNEDY CENTER
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘John F. Kennedy Center
Reauthorization Act of 2019’’.
SEC. 602. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of the John F. Kennedy Center Act (20 U.S.C.
76r), as amended by the Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2020, is further amended
by striking subsections (a) and (b) and inserting the following:
‘‘(a) M
AINTENANCE
, R
EPAIR
,
AND
S
ECURITY
.—There are author-
ized to be appropriated to the Board to carry out section 4(a)(1)(H)—
‘‘(1) $25,690,000 for fiscal year 2020;
‘‘(2) $27,000,000 for fiscal year 2021;
‘‘(3) $28,000,000 for fiscal year 2022;
‘‘(4) $29,000,000 for fiscal year 2023; and
‘‘(5) $30,000,000 for fiscal year 2024.
‘‘(b) C
APITAL
P
ROJECTS
.—There are authorized to be appro-
priated to the Board to carry out subparagraphs (F) and (G) of
section 4(a)(1)—
‘‘(1) $17,800,000 for fiscal year 2020;
‘‘(2) $18,000,000 for fiscal year 2021;
‘‘(3) $19,000,000 for fiscal year 2022;
‘‘(4) $20,000,000 for fiscal year 2023; and
‘‘(5) $21,000,000 for fiscal year 2024.’’.
SEC. 603. COMMEMORATION OF THE JOHN F. KENNEDY CENTER FOR
THE PERFORMING ARTS.
(a) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
the John F. Kennedy Center for the Performing Arts (referred
to in this Act as the ‘‘Center’’)—
(1) recognize the year 2021 as the 50th anniversary of
the opening of the Center;
(2) acknowledge and commemorate the mission of the
Center as a national center for the performing arts and a
national memorial to President John F. Kennedy; and
(3) recognize that the year 2018 is the 60th anniversary
of the signing of the National Cultural Center Act (now known
as the ‘‘John F. Kennedy Center Act’’) (20 U.S.C. 76h et seq.),
signed into law by President Dwight D. Eisenhower on Sep-
tember 2, 1958.
(b) A
UTHORIZATION FOR
P
LAQUE
.—
(1) I
N GENERAL
.—The Center shall place within the Center
a plaque containing an inscription to commemorate the 60th
anniversary of the signing of the National Cultural Center
Act (20 U.S.C. 76h et seq.) by President Dwight D. Eisenhower.
(2) S
PECIFICATIONS
.—The plaque shall be—
(A)(i) not less than 6 square feet in size; and
(ii) not more than 18 square feet in size;
(B) of any shape that the Trustees of the Center deter-
mine to be appropriate; and
(C) placed at a location within the Center approximate
to the Eisenhower Theater that the Trustees of the Center
determine to be appropriate.
(3) F
UNDING
.—
20 USC 76j note.
20 USC 76h note.
John F. Kennedy
Center
Reauthorization
Act of 2019.
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133 STAT. 3195 PUBLIC LAW 116–94—DEC. 20, 2019
(A) I
N GENERAL
.—No Federal funds may be used to
design, procure, or install the plaque.
(B) E
XCEPTION
.—Subparagraph (A) shall not affect the
payment of salaries, expenses, and benefits otherwise
authorized by law for members and employees of the Center
who participate in carrying out this subsection.
(4) P
RIVATE FUNDRAISING AUTHORIZED
.—
(A) I
N GENERAL
.—The Center may solicit and accept
private contributions for the design, procurement, and
installation of the plaque.
(B) A
CCOUNTING
.—The Center may—
(i) establish an account into which any contribu-
tions received pursuant to subparagraph (A) shall be
deposited; and
(ii) maintain documentation of any contributions
received pursuant to subparagraph (A).
TITLE VII—PRESERVING AMERICA’S
BATTLEFIELDS
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Preserving America’s Battlefields
Act’’.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS FOR BATTLEFIELD
ACQUISITION GRANT PROGRAM.
Section 308103(f) of title 54, United States Code, is amended
by striking ‘‘$10,000,000 for each of fiscal years 2012 and 2013’’
and inserting ‘‘$18,000,000 for each of fiscal years 2020 through
2028’’.
SEC. 703. ESTABLISHMENT OF BATTLEFIELD INTERPRETATION MOD-
ERNIZATION GRANT PROGRAM AND BATTLEFIELD RES-
TORATION GRANT PROGRAM.
(a) E
STABLISHMENT OF
B
ATTLEFIELD
G
RANT
P
ROGRAMS
.—
Chapter 3081 of title 54, United States Code, is amended by adding
at the end the following:
‘‘§ 308104. Battlefield interpretation modernization grant
program
‘‘(a) E
STABLISHMENT
.—The Secretary shall establish a battle-
field interpretation modernization grant program under which the
Secretary may provide competitive grants to States, Tribes, local
governments, and nonprofit organizations for projects and programs
that deploy technology to modernize battlefield interpretation and
education.
‘‘(b) E
LIGIBLE
S
ITES
.—The Secretary may make grants under
this section for Revolutionary War, War of 1812, and Civil War
battlefield sites eligible for assistance under the battlefield acquisi-
tion grant program established under section 308103(b).
‘‘(c) F
EDERAL
S
HARE
.—The Federal share of the cost of a project
or program funded through a grant provided under the program
established under subsection (a) shall be not more than 50 percent
of the total cost of the applicable project or program.
54 USC 308104.
54 USC 100101
note.
Preserving
America’s
Battlefields Act.
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133 STAT. 3196 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(d) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There is authorized
to be appropriated to the Secretary to provide grants under this
section $1,000,000 for each of fiscal years 2020 through 2028.
‘‘§ 308105. Battlefield restoration grant program
‘‘(a) E
STABLISHMENT
.—The Secretary shall establish a battle-
field restoration grant program (referred to in this section as the
‘program’) under which the Secretary may provide grants to States,
Tribes, local governments, and nonprofit organizations for projects
that restore day-of-battle conditions on land preserved under the
battlefield acquisition grant program established under section
308103(b).
‘‘(b) E
LIGIBLE
S
ITES
.—The Secretary may make grants under
this section for Revolutionary War, War of 1812, and Civil War
battlefield sites eligible for assistance under the battlefield acquisi-
tion grant program established under section 308103(b).
‘‘(c) F
EDERAL
S
HARE
.—The Federal share of the cost of a restora-
tion project funded through a grant provided under the program
shall be not more than 50 percent of the total cost of the project.
‘‘(d) R
ESTORATION
S
TANDARDS
.—All restoration work carried
out through a grant awarded under the program shall be performed
in accordance with the Secretary of the Interior’s Standards for
the Treatment of Historic Properties under part 68 of title 36,
Code of Federal Regulations (or successor regulations).
‘‘(e) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There is authorized
to be appropriated to the Secretary to provide grants under this
section $1,000,000 for each of fiscal years 2020 through 2028.’’.
(b) C
LERICAL
A
MENDMENT
.—The analysis for chapter 3081 of
title 54, United States Code, is amended by adding at the end
the following:
‘‘308104. Battlefield interpretation modernization grant program.
‘‘308105. Battlefield restoration grant program.’’.
TITLE VIII—VETERANS AFFAIRS RE-
PORT ON DISABILITY COMPENSATION
AND THE POSITIVE ASSOCIATION
WITH EXPOSURE TO AN HERBICIDE
AGENT
SEC. 801. REPORT ON EFFORTS TO DETERMINE WHETHER TO ADD
TO THE LIST OF DISEASES FOR WHICH PRESUMPTION OF
SERVICE-CONNECTION IS WARRANTED FOR PURPOSES OF
DISABILITY COMPENSATION BY REASON OF HAVING POSI-
TIVE ASSOCIATION WITH EXPOSURE TO AN HERBICIDE
AGENT.
(a) I
N
G
ENERAL
.—Not later than 30 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs, in
consultation with the Director of the Office of Management and
Budget, shall submit to the Committee on Veterans’ Affairs of
the Senate and the Committee on Veterans’ Affairs of the House
of Representatives a report setting forth the status of any efforts
of the Secretary to determine whether to promulgate new regula-
tions to add to the list of diseases for which a presumption of
Consultation.
54 USC 308101
prec.
54 USC 308105.
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133 STAT. 3197 PUBLIC LAW 116–94—DEC. 20, 2019
service-connection is warranted for purposes of section 1110 of
title 38, United States Code, by reason of having positive association
with exposure to an herbicide agent.
(b) C
ONTENTS
.—The report submitted under subsection (a) shall
include the following:
(1) A detailed explanation of any delays in making a deter-
mination described in such subsection.
(2) An estimate of the cost of adding to the list of diseases
described in such subsection.
(3) The date the Secretary anticipates on which the Sec-
retary will promulgate new regulations as described in such
subsection.
(c) D
EFINITION OF
H
ERBICIDE
A
GENT
.—For purposes of this
section, the term ‘‘herbicide agent’’ has the meaning given such
term in section 1116 of title 38, United States Code.
TITLE IX—DISASTER RECOVERY
WORKFORCE
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Disaster Recovery Workforce
Act’’.
SEC. 902. CONSTRUCTION WORKER PERMITS.
Section 6(d)(3) of the Joint Resolution entitled ‘‘A Joint Resolu-
tion to approve the ‘Covenant To Establish a Commonwealth of
the Northern Mariana Islands in Political Union with the United
States of America’, and for other purposes’’ (48 U.S.C. 1806(d)(3))
is amended by adding at the end the following:
‘‘(E) T
YPHOON RECOVERY
.—
‘‘(i) P
ERMITS FOR CONSTRUCTION WORKERS
.—Not-
withstanding any numerical cap set forth in subpara-
graph (B) for each of fiscal years 2020, 2021, and
2022, the Secretary of Homeland Security shall
increase by 3,000, for each such fiscal year, the total
number of permits available under this subsection for
Construction and Extraction Occupations (as defined
by the Department of Labor as Standard Occupational
Classification Group 47–0000).
‘‘(ii) P
ERMIT REQUIREMENTS
.—The Secretary may
only issue a permit made available under clause (i)
to a prospective employer if the permit is for an alien
who—
‘‘(I) is a national of a country designated
eligible to participate in the program under section
101(a)(15)(H)(ii)(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during cal-
endar year 2018; and
‘‘(II) is performing service or labor pursuant
to a contract or subcontract for construction,
repairs, renovations, or facility services directly
connected to, or associated with recovery from a
presidentially declared major disaster or emer-
gency (as those terms are defined in section 102
48 USC 1801
note.
Disaster
Recovery
Workforce Act.
Cost estimate.
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133 STAT. 3198 PUBLIC LAW 116–94—DEC. 20, 2019
of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5122), or for
preparation for a future disaster or emergency.
‘‘(iii) E
XCEPTION FOR CONSTRUCTION WORKERS
.—
Subparagraph (D)(v) shall not apply to a permit made
available under clause (i) for any fiscal year described
in such clause.’’.
TITLE X—TELEVISION VIEWER
PROTECTION
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘Television Viewer Protection
Act of 2019’’.
SEC. 1002. EXTENSION OF AUTHORITY.
(a) I
N
G
ENERAL
.—Section 325(b) of the Communications Act
of 1934 (47 U.S.C. 325(b)) is amended—
(1) in paragraph (2)(C)—
(A) by striking ‘‘until December 31, 2019,’’; and
(B) by striking ‘‘antenna,’’ and all that follows and
inserting ‘‘antenna under the statutory license of section
119 of title 17, United States Code;’’; and
(2) in paragraph (3)(C), by striking ‘‘until January 1, 2020,’’
each place it appears.
(b) C
ONFORMING
A
MENDMENT
.—Section 325(b)(2) of the
Communications Act of 1934 (47 U.S.C. 325(b)(2)) is amended by
striking ‘‘, the term ‘unserved household’ has the meaning given
that term under section 119(d) of such title’’.
SEC. 1003. SATISFACTION OF GOOD FAITH NEGOTIATION REQUIRE-
MENT BY MULTICHANNEL VIDEO PROGRAMMING
DISTRIBUTORS.
(a) S
ATISFACTION OF
G
OOD
F
AITH
N
EGOTIATION
R
EQUIRE
-
MENT
.—Section 325(b)(3)(C) of the Communications Act of 1934
(47 U.S.C. 325(b)(3)(C)) is amended—
(1) in clause (iv), by striking ‘‘; and’’ and inserting a semi-
colon;
(2) in clause (v), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(vi) not later than 90 days after the date of the enactment
of the Television Viewer Protection Act of 2019, specify that—
‘‘(I) a multichannel video programming distributor may
satisfy its obligation to negotiate in good faith under clause
(iii) with respect to a negotiation for retransmission consent
under this section with a large station group by designating
a qualified MVPD buying group to negotiate on its behalf,
so long as the qualified MVPD buying group itself nego-
tiates in good faith in accordance with such clause;
‘‘(II) it is a violation of the obligation to negotiate
in good faith under clause (iii) for the qualified MVPD
buying group to disclose the prices, terms, or conditions
of an ongoing negotiation or the final terms of a negotiation
to a member of the qualified MVPD buying group that
is not intending, or is unlikely, to enter into the final
Deadline.
47 USC 609 note.
Television
Viewer
Protection Act
of 2019.
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133 STAT. 3199 PUBLIC LAW 116–94—DEC. 20, 2019
terms negotiated by the qualified MVPD buying group;
and
‘‘(III) a large station group has an obligation to nego-
tiate in good faith under clause (ii) with respect to a nego-
tiation for retransmission consent under this section with
a qualified MVPD buying group.’’.
(b) D
EFINITIONS
.—Section 325(b)(7) of the Communications Act
of 1934 (47 U.S.C. 325(b)(7)) is amended—
(1) in subparagraph (A), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in subparagraph (B), by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) ‘qualified MVPD buying group’ means an entity that,
with respect to a negotiation with a large station group for
retransmission consent under this section—
‘‘(i) negotiates on behalf of two or more multichannel
video programming distributors—
‘‘(I) none of which is a multichannel video program-
ming distributor that serves more than 500,000 sub-
scribers nationally; and
‘‘(II) that do not collectively serve more than 25
percent of all households served by a multichannel
video programming distributor in any single local
market in which the applicable large station group
operates; and
‘‘(ii) negotiates agreements for such retransmission con-
sent—
‘‘(I) that contain standardized contract provisions,
including billing structures and technical quality
standards, for each multichannel video programming
distributor on behalf of which the entity negotiates;
and
‘‘(II) under which the entity assumes liability to
remit to the applicable large station group all fees
received from the multichannel video programming
distributors on behalf of which the entity negotiates;
‘‘(D) ‘large station group’ means a group of television broad-
cast stations that—
‘‘(i) are directly or indirectly under common de jure
control permitted by the regulations of the Commission;
‘‘(ii) generally negotiate agreements for retransmission
consent under this section as a single entity; and
‘‘(iii) include only television broadcast stations that
have a national audience reach of more than 20 percent;
‘‘(E) ‘local market’ has the meaning given such term in
section 122(j) of title 17, United States Code; and
‘‘(F) ‘multichannel video programming distributor’ has the
meaning given such term in section 602.’’.
(c) C
ONFORMING
A
MENDMENTS
.—Section 325(b) of the Commu-
nications Act of 1934 (47 U.S.C. 325(b)) is amended—
(1) in paragraph (2), by striking ‘‘, and the term ‘local
market’ has the meaning given that term in section 122(j)
of such title’’; and
(2) in paragraph (3)(C), by striking ‘‘(as defined in section
122(j) of title 17, United States Code)’’ each place it appears.
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133 STAT. 3200 PUBLIC LAW 116–94—DEC. 20, 2019
(d) E
FFECTIVE
D
ATE
.—The amendments made by this section,
and the regulations promulgated by the Federal Communications
Commission under such amendments, shall not take effect before
January 1 of the calendar year after the calendar year in which
this Act is enacted.
SEC. 1004. REQUIREMENTS RELATING TO CHARGES FOR COVERED
SERVICES.
(a) I
N
G
ENERAL
.—Part IV of title VI of the Communications
Act of 1934 (47 U.S.C. 551 et seq.) is amended by adding at
the end the following:
‘‘SEC. 642. REQUIREMENTS RELATING TO CHARGES FOR COVERED
SERVICES.
‘‘(a) C
ONSUMER
R
IGHTS IN
S
ALES
.—
‘‘(1) R
IGHT TO TRANSPARENCY
.—Before entering into a con-
tract with a consumer for the provision of a covered service,
a provider of a covered service shall provide the consumer,
by phone, in person, online, or by other reasonable means,
the total monthly charge for the covered service, whether
offered individually or as part of a bundled service, selected
by the consumer (explicitly noting the amount of any applicable
promotional discount reflected in such charge and when such
discount will expire), including any related administrative fees,
equipment fees, or other charges, a good faith estimate of
any tax, fee, or charge imposed by the Federal Government
or a State or local government (whether imposed on the provider
or imposed on the consumer but collected by the provider),
and a good faith estimate of any fee or charge that is used
to recover any other assessment imposed on the provider by
the Federal Government or a State or local government.
‘‘(2) R
IGHT TO FORMAL NOTICE
.—A provider of a covered
service that enters into a contract described in paragraph (1)
shall, not later than 24 hours after entering into the contract,
send the consumer, by email, online link, or other reasonably
comparable means, a copy of the information described in such
paragraph.
‘‘(3) R
IGHT TO CANCEL
.—A provider of a covered service
that enters into a contract described in paragraph (1) shall
permit the consumer to cancel the contract, without paying
early cancellation fees or other disconnection fees or penalties,
during the 24-hour period beginning when the provider of the
covered service sends the copy required by paragraph (2).
‘‘(b) C
ONSUMER
R
IGHTS IN E
-
BILLING
.—If a provider of a covered
service provides a bill to a consumer in an electronic format, the
provider shall include in the bill—
‘‘(1) an itemized statement that breaks down the total
amount charged for or relating to the provision of the covered
service by the amount charged for the provision of the service
itself and the amount of all related taxes, administrative fees,
equipment fees, or other charges;
‘‘(2) the termination date of the contract for the provision
of the covered service entered into between the consumer and
the provider; and
‘‘(3) the termination date of any applicable promotional
discount.
Time period.
Deadline.
Records.
47 USC 562.
47 USC 325 note.
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133 STAT. 3201 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(c) C
ONSUMER
R
IGHTS TO
A
CCURATE
E
QUIPMENT
C
HARGES
.—
A provider of a covered service or fixed broadband internet access
service may not charge a consumer for—
‘‘(1) using covered equipment provided by the consumer;
or
‘‘(2) renting, leasing, or otherwise providing to the consumer
covered equipment if—
‘‘(A) the provider has not provided the equipment to
the consumer; or
‘‘(B) the consumer has returned the equipment to the
provider, except to the extent that the charge relates to
the period beginning on the date when the provider pro-
vided the equipment to the consumer and ending on the
date when the consumer returned the equipment to the
provider.
‘‘(d) D
EFINITIONS
.—In this section:
‘‘(1) B
ROADBAND INTERNET ACCESS SERVICE
.—The term
‘broadband internet access service’ has the meaning given such
term in section 8.1(b) of title 47, Code of Federal Regulations,
or any successor regulation.
‘‘(2) C
OVERED EQUIPMENT
.—The term ‘covered equipment’
means equipment (such as a router) employed on the premises
of a person (other than a provider of a covered service or
fixed broadband internet access service) to provide a covered
service or to provide fixed broadband internet access service.
‘‘(3) C
OVERED SERVICE
.—The term ‘covered service’ means
service provided by a multichannel video programming
distributer, to the extent such distributor is acting as a multi-
channel video programming distributor.’’.
(b) E
FFECTIVE
D
ATE
.—Section 642 of the Communications Act
of 1934, as added by subsection (a) of this section, shall apply
beginning on the date that is 6 months after the date of the
enactment of this Act. The Federal Communications Commission
may grant an additional 6-month extension if the Commission finds
that good cause exists for such an additional extension.
TITLE XI—ELIGIBILITY TO RECEIVE
SIGNALS UNDER A DISTANT-SIGNAL
SATELLITE LICENSE
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Satellite Television Community
Protection and Promotion Act of 2019’’.
SEC. 1102. ELIGIBILITY TO RECEIVE SIGNALS UNDER A DISTANT-
SIGNAL SATELLITE LICENSE.
(a) I
N
G
ENERAL
.—Section 119 of title 17, United States Code,
is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking ‘‘signals, and’’ and inserting
‘‘signals,’’;
17 USC 101 note.
Satellite
Television
Community
Protection and
Promotion Act
of 2019.
Extension.
Time periods.
47 USC 562 note.
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133 STAT. 3202 PUBLIC LAW 116–94—DEC. 20, 2019
(II) by inserting ‘‘, and the carrier provides
local-into-local service to all DMAs’’ after
‘‘receiving the secondary transmission’’; and
(III) by adding at the end the following new
sentence: ‘‘Failure to reach an agreement with a
network station to retransmit the signals of the
station shall not be construed to affect compliance
with providing local-into-local service to all DMAs
if the satellite carrier has the capability to re-
transmit such signals when an agreement is
reached.’’; and
(ii) in subparagraph (B)—
(I) by striking clauses (ii) and (iii);
(II) by adding at the end the following:
‘‘(ii) S
HORT MARKETS
.—In the case of secondary
transmissions to households located in short markets,
subject to clause (i), the statutory license shall be
further limited to secondary transmissions of only those
primary transmissions of network stations that embody
the programming of networks not offered on the pri-
mary stream or the multicast stream transmitted by
any network station in that market.’’;
(B) by striking paragraphs (3), (6)(E), (9), (10), and
(13); and
(C) by redesignating paragraphs (4), (5), (6), (7), (8),
(11), (12), and (14) as paragraphs (3) through (10), respec-
tively;
(2) in subsection (c)(1)(E)—
(A) by striking the comma after ‘‘in the agreement’’;
(B) by striking ‘‘until December 31, 2019, or’’; and
(C) by striking ‘‘, whichever is later’’ and inserting
‘‘until the subscriber for which the royalty is payable is
no longer eligible to receive a secondary transmission
pursuant to the license under this section’’;
(3) in subsection (d)—
(A) in paragraph (10)—
(i) in subparagraph (D), by striking ‘‘subsection
(a)(11)’’ and inserting ‘‘subsection (a)(8)’’;
(ii) by striking subparagraphs (A), (B), (C), and
(E);
(iii) by redesignating subparagraph (D) as subpara-
graph (A); and
(iv) by adding at the end the following:
‘‘(B) is a subscriber located in a short market.’’;
(B) by striking paragraph (13);
(C) by redesignating paragraphs (14) and (15) as para-
graphs (13) and (14), respectively; and
(D) by adding at the end the following:
‘‘(15) L
OCAL
-
INTO
-
LOCAL SERVICE TO ALL DMAS
.—The term
‘local-into-local service to all DMAs’ has the meaning given
such term in subsection (f)(7).
‘‘(16) S
HORT MARKET
.—The term ‘short market’ means a
local market in which programming of one or more of the
four most widely viewed television networks nationwide is not
offered on either the primary stream or multicast stream trans-
mitted by any network station in that market or is temporarily
Definitions.
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133 STAT. 3203 PUBLIC LAW 116–94—DEC. 20, 2019
or permanently unavailable as a result of an act of god or
other force majeure event beyond the control of the carrier.’’;
(4) by striking subsections (e) and (h);
(5) in subsection (g)(7), by inserting ‘‘, except for designated
market areas where the entity is temporarily or permanently
unable to provide local service as a result of an act of god
or other force majeure event beyond the control of the entity’’
after ‘‘section 122’’; and
(6) by redesignating subsections (f) and (g) as subsections
(e) and (f).
(b) P
REVIOUSLY
C
OVERED
S
UBSCRIBERS
U
NDER THE
STELA
R
EAUTHORIZATION
A
CT OF
2014.—
(1) I
N GENERAL
.—A subscriber of a satellite carrier who
receives the secondary transmission of a network station under
the statutory license in section 119 of title 17, United States
Code, as in effect on the day before the date of the enactment
of this Act, and to whom subsection (a)(2)(B) of such section,
as amended by subsection (a), does not apply, shall continue
to be eligible to receive that secondary transmission from such
carrier under such license, and at the royalty rate established
for such license by the Copyright Royalty Board or voluntary
agreement, as applicable, until the date that is the earlier
of—
(A) May 31, 2020; or
(B) the date on which such carrier provides local-into-
local service to all DMAs.
(2) D
EFINITIONS
.—In this subsection, the terms ‘‘satellite
carrier’’, ‘‘subscriber’’, ‘‘secondary transmission’’, ‘‘network sta-
tion’’, and ‘‘local-into-local service to all DMAs’’ have the
meaning given those terms in section 119 of title 17, United
States Code.
(c) C
ONFORMING
A
MENDMENTS
.—Title 17, United States Code,
is further amended—
(1) in section 119, as amended by subsection (a)—
(A) in subsection (a)—
(i) in paragraph (1), by striking ‘‘paragraphs (4),
(5), and (7)’’ and inserting ‘‘paragraphs (3), (4), and
(6)’’; and
(ii) in paragraph (2), by striking ‘‘paragraphs (4),
(5), (6), and (7)’’ and inserting ‘‘paragraphs (3), (4),
(5), and (6)’’; and
(B) in subsection (f), as so redesignated, by striking
‘‘subsection (a)(7)(B)’’ each place it appears and inserting
‘‘subsection (a)(5)(B)’’; and
(2) in section 501(e), by striking ‘‘section 119(a)(5)’’ and
inserting ‘‘section 119(a)(3)’’.
TITLE XII—GROUNDFISH TRAWL
FISHERY
SEC. 1201. GROUNDFISH TRAWL FISHERY.
The Secretary of Commerce shall forgive the interest accrued
on the Groundfish Trawl fishery sub-loan regarding fishing capacity
reduction in the West Coast groundfish fishery authorized by section
212 of division B, title II, of Public Law 108–7 from December
4, 2003, through September 8, 2005, and the portion of additional
Loans.
Time periods.
Eligibility.
Termination
date.
17 USC 119 note.
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133 STAT. 3204 PUBLIC LAW 116–94—DEC. 20, 2019
interest accrued in the Groundfish Trawl fishery sub-loan since
September 8, 2005, that is directly attributable to the delay in
implementing a repayment system. The Secretary of the Treasury
shall make available, out of any funds in the Treasury not otherwise
appropriated, such sums necessary for any loan modification under
this provision.
TITLE XIII—TEMPORARY RELIEF FROM
CERTAIN ERISA REQUIREMENTS
SEC. 1301. SHORT TITLE.
This title may be cited as the ‘‘Temporary Relief from Certain
ERISA Requirements Act of 2020’’.
SEC. 1302. EXEMPTION.
(a) I
N
G
ENERAL
.—Section 408 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1108) is amended by adding
at the end the following:
‘‘(h) P
ROVISION OF
P
HARMACY
B
ENEFIT
S
ERVICES
.—
‘‘(1) I
N GENERAL
.—Provided that all of the conditions
described in paragraph (2) are met, the restrictions imposed
by subsections (a), (b)(1), and (b)(2) of section 406 shall not
apply to—
‘‘(A) the offering of pharmacy benefit services to a
group health plan that is sponsored by an entity described
in section 3(37)(G)(vi) or to any other group health plan
that is sponsored by a regional council, local union, or
other labor organization affiliated with such entity;
‘‘(B) the purchase of pharmacy benefit services by plan
participants and beneficiaries of a group health plan that
is sponsored by an entity described in section 3(37)(G)(vi)
or of any other group health plan that is sponsored by
a regional council, local union, or other labor organization
affiliated with such entity; or
‘‘(C) the operation or implementation of pharmacy ben-
efit services by an entity described in section 3(37)(G)(vi)
or by any other group health plan that is sponsored by
a regional council, local union, or other labor organization
affiliated with such entity,
in any arrangement where such entity described in section
3(37)(G)(vi) or any related organization or subsidiary of such
entity provides pharmacy benefit services that include prior
authorization and appeals, a retail pharmacy network, phar-
macy benefit administration, mail order fulfillment, formulary
support, manufacturer payments, audits, and specialty phar-
macy and goods, to any such group health plan.
‘‘(2) C
ONDITIONS
.—The conditions described in this para-
graph are the following:
‘‘(A) The terms of the arrangement are at least as
favorable to the group health plan as such group health
plan could obtain in a similar arm’s length arrangement
with an unrelated third party.
‘‘(B) At least 50 percent of the providers participating
in the pharmacy benefit services offered by the arrange-
ment are unrelated to the contributing employers or any
26 USC 1 note.
Temporary Relief
from Certain
ERISA
Requirements
Act of 2020.
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133 STAT. 3205 PUBLIC LAW 116–94—DEC. 20, 2019
other party in interest with respect to the group health
plan.
‘‘(C) The group health plan retains an independent
fiduciary who will be responsible for monitoring the group
health plan’s consultants, contractors, subcontractors, and
other service providers for purposes of pharmacy benefit
services described in paragraph (1) offered by such entity
or any of its related organizations or subsidiaries and mon-
itors the transactions of such entity and any of its related
organizations or subsidiaries to ensure that all conditions
of this exemption are satisfied during each plan year.
‘‘(D) Any decisions regarding the provision of pharmacy
benefit services described in paragraph (1) are made by
the group health plan’s independent fiduciary, based on
objective standards developed by the independent fiduciary
in reliance on information provided by the arrangement.
‘‘(E) The independent fiduciary of the group health
plan provides an annual report to the Secretary and the
congressional committees of jurisdiction attesting that the
conditions described in subparagraphs (C) and (D) have
been met for the applicable plan year, together with a
statement that use of the arrangement’s services are in
the best interest of the participants and beneficiaries in
the aggregate for that plan year compared to other similar
arrangements the group health plan could have obtained
in transactions with an unrelated third party.
‘‘(F) The arrangement is not designed to benefit any
party in interest with respect to the group health plan.
‘‘(3) V
IOLATIONS
.—In the event an entity described in sec-
tion 3(37)(G)(vi) or any affiliate of such entity violates any
of the conditions of such exemption, such exemption shall not
apply with respect to such entity or affiliate and all enforcement
and claims available under this Act shall apply with respect
to such entity or affiliate.
‘‘(4) R
ULE OF CONSTRUCTION
.—Nothing in this subsection
shall be construed to modify any obligation of a group health
plan otherwise set forth in this Act.
‘‘(5) G
ROUP HEALTH PLAN
.—In this subsection, the term
‘group health plan’ has the meaning given such term in section
733(a).’’.
(b) A
MENDMENT TO
I
NTERNAL
R
EVENUE
C
ODE OF
1986.—Sub-
section (c) of section 4975 of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
‘‘(7) S
PECIAL RULE FOR PROVISION OF PHARMACY BENEFIT
SERVICES
.—Any party to an arrangement which satisfies the
requirements of section 408(h) of the Employee Retirement
Income Security Act of 1974 shall be exempt from the tax
imposed by this section with respect to such arrangement.’’.
(c) A
PPLICABILITY
.—With respect to a group health plan subject
to subsection (h) of section 408 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1108) (as amended by subsection
(a)) and subsection (c) of section 4975 of the Internal Revenue
Code of 1986 (as amended by subsection (b)), beginning at the
end of the fifth plan year of such group health plan that begins
after the date of enactment of this Act, such subsection (h) of
such section 408 and such subsection (c) of such shall have no
force or effect.
Effective date.
26 USC 4975
note.
Exemption.
26 USC 4975.
Definition.
Applicability.
Reports.
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133 STAT. 3206 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE XIV—LIBRARY OF CONGRESS
TECHNICAL CORRECTIONS
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Library of Congress Technical
Corrections Act of 2019’’.
SEC. 1402. AMENDMENT TO AMERICAN FOLKLIFE PRESERVATION ACT.
Section 4 of the American Folklife Preservation Act (20 U.S.C.
2103) is amended—
(1) in subsection (b)(1)(D)—
(A) in the matter preceding clause (i), by striking
‘‘seven’’ and inserting ‘‘nine’’;
(B) in clause (vi), by striking ‘‘and’’ after the semicolon;
(C) in clause (vii), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following:
‘‘(viii) the Secretary of Veterans Affairs; and
‘‘(ix) the Director of the Institute of Museum and
Library Services.’’; and
(2) in subsection (f), by striking the second sentence and
inserting the following: ‘‘The rate of basic pay of the Director
shall be fixed in accordance with section 5376(b) of title 5,
United States Code.’’.
SEC. 1403. NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT
DISABLED.
(a) I
N
G
ENERAL
.—The Act entitled ‘‘An Act to provide books
for the adult blind’’, approved March 3, 1931 (2 U.S.C. 135a et
seq.), is amended to read as follows:
‘‘SECTION 1. NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT
DISABLED.
‘‘(a) A
CCESSIBLE
M
ATERIALS AND
R
EPRODUCERS
.—
‘‘(1) I
N GENERAL
.—The Librarian of Congress is authorized
to provide to eligible persons who are residents of the United
States (including residents of the several States, insular posses-
sions, and the District of Columbia) and to eligible persons
who are United States citizens residing outside the United
States the following items:
‘‘(A) Literary works published in raised characters,
on sound-reproduction recordings, or in any other accessible
format.
‘‘(B) Musical scores, instructional texts, and other
specialized materials used in furthering educational, voca-
tional, and cultural opportunities in the field of music
published in any accessible format.
‘‘(C) Reproducers for such formats.
‘‘(2) O
WNERSHIP
.—Any item provided under paragraph (1)
shall be provided on a loan basis and shall remain the property
of the Library of Congress.
‘‘(b) L
ENDING
P
REFERENCE
.—In the lending of items under sub-
section (a), the Librarian shall at all times give preference to—
‘‘(1) the needs of the blind and visually disabled; and
‘‘(2) the needs of eligible persons who have been honorably
discharged from the Armed Forces of the United States.
2 USC 131 note.
Library of
Congress
Technical
Corrections Act
of 2019.
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133 STAT. 3207 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(c) N
ETWORK
.—The Librarian of Congress may contract or
otherwise arrange with such public or other nonprofit libraries,
agencies, or organizations as the Librarian may determine appro-
priate to serve as local or regional centers for the circulation of
items described in subsection (a)(1).
‘‘(d) I
NTERNATIONAL
S
ERVICE
.—The Librarian of Congress is
authorized to provide items described in subparagraphs (A) and
(B) of subsection (a)(1) to authorized entities located in a country
that is a party to the Marrakesh Treaty, if any such items are
delivered to authorized entities through online, not physical, means.
The Librarian may contract or otherwise arrange with such author-
ized entities to deliver such items to eligible persons located in
their countries in any accessible format and consistent with section
121A of title 17, United States Code.
‘‘(e) C
ONTRACTING
P
REFERENCE
.—In the purchase and mainte-
nance of items described in subsection (a), the Librarian of Con-
gress, without regard to section 6101 of title 41, United States
Code, shall give preference to nonprofit institutions or agencies
whose activities are primarily concerned with the blind and with
other physically disabled persons, in all cases where, considering
all the circumstances and needs involved, the Librarian determines
that the prices submitted are fair and reasonable.
‘‘(f) R
EGULATIONS
.—The Librarian of Congress shall prescribe
regulations for services under this section, in consultation with
eligible persons and authorized entities. Such regulations shall
include procedures that shall be used by an individual to establish
that the individual is an eligible person.
‘‘(g) D
EFINITIONS
.—In this section—
‘‘(1) the terms ‘accessible format’, ‘authorized entity’, and
‘eligible person’ have the meanings given those terms in section
121 of title 17, United States Code; and
‘‘(2) the term ‘Marrakesh Treaty’ has the meaning given
in section 121A of such title 17.
‘‘(h) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary.’’.
(b) C
ONFORMING
A
MENDMENT
.—The Act entitled ‘‘An Act to
establish in the Library of Congress a library of musical scores
and other instructional materials to further educational, vocational,
and cultural opportunities in the field of music for blind persons’’,
approved October 9, 1962 (2 U.S.C. 135a–1), is repealed.
SEC. 1404. UNIFORM PAY SCALE FOR LIBRARY OF CONGRESS CAREER
SENIOR EXECUTIVE POSITIONS.
(a) E
XECUTIVE
S
CHEDULE
P
OSITIONS
.—
(1) D
EPUTY LIBRARIAN OF CONGRESS
.—Paragraph (2) of sec-
tion 904 of the Supplemental Appropriations Act, 1983 (2 U.S.C.
136a–2) is amended to read as follows:
‘‘(2) the Deputy Librarian of Congress shall be compensated
at the greater of the rate of pay in effect for level III of
the Executive Schedule under section 5314 of title 5, United
States Code, or the maximum annual rate of basic pay payable
under section 5376 of such title for positions at agencies with
a performance appraisal system certified under section 5307(d)
of such title.’’.
Repeal.
Procedures.
Consultation.
Determination.
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133 STAT. 3208 PUBLIC LAW 116–94—DEC. 20, 2019
(2) D
IRECTOR
,
CONGRESSIONAL RESEARCH SERVICE
.—The
second sentence of section 203(c)(1) of the Legislative Reorga-
nization Act of 1946 (2 U.S.C. 166(c)(l)) is amended to read
as follows: ‘‘The Director shall be compensated at the greater
of the rate of pay in effect for level III of the Executive Schedule
under section 5314 of title 5, United States Code, or the max-
imum annual rate of basic pay payable under section 5376
of such title for positions at agencies with a performance
appraisal system certified under section 5307(d) of such title.’’.
(3) R
EGISTER OF COPYRIGHTS
.—The first sentence of section
701(f) of title 17, United States Code, is amended to read
as follows: ‘‘The Register of Copyrights shall be compensated
at the greater of the rate of pay in effect for level III of
the Executive Schedule under section 5314 of title 5 or the
maximum annual rate of basic pay payable under section 5376
of such title for positions at agencies with a performance
appraisal system certified under section 5307(d) of such title.’’.
(b) R
EFERENCES TO
GS G
RADES
16, 17,
AND
18
AND
S
ENIOR
L
EVEL
C
LASSIFICATION
.—
(1) C
ONGRESSIONAL RESEARCH SERVICE
.—Section 203(c)(2)
of the Legislative Reorganization Act of 1946 (2 U.S.C. 166(c)(2))
is amended—
(A) in the second sentence of the matter preceding
subparagraph (A), by deleting ‘‘subchapter III’’ and all that
follows through ‘‘such title.’’ and inserting ‘‘section 5376
of title 5, United States Code.’’; and
(B) in subparagraph (B), by striking ‘‘may be placed
in GS–16, 17, and 18’’ and all that follows through the
period at the end and inserting ‘‘may be classified above
GS–15 in accordance with section 5108(c) of title 5, United
States Code, and the rate of basic pay for such positions
may be fixed in accordance with section 5376 of such title,
subject to the prior approval of the Joint Committee on
the Library.’’.
(2) U.
S
.
COPYRIGHT OFFICE
.—Section 701(f) of title 17,
United States Code, is amended by striking the last sentence
and inserting ‘‘The rate of basic pay for each Associate Register
of Copyrights shall be fixed in accordance with section 5376
of title 5.’’.
SEC. 1405. STAFFING FOR COPYRIGHT ROYALTY JUDGES PROGRAM.
(a) R
EMOVAL OF
C
AP ON
P
ERSONNEL
.—Chapter 8 of title 17,
United States Code, is amended—
(1) in section 802—
(A) in subsection (b), by striking ‘‘3’’; and
(B) in subsection (e), by striking paragraph (2) and
inserting the following:
‘‘(2) S
TAFF MEMBERS
.—Staff members appointed under sub-
section (b) shall be compensated at a rate not more than the
basic rate of pay payable for level 10 of GS–15 of the General
Schedule.’’; and
(2) in section 803(e)(1)(A), by striking ‘‘3’’.
(b) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall take effect with respect to fiscal year 2020 and each fiscal
year thereafter.
17 USC 802 note.
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133 STAT. 3209 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE XV—SENATE ENTITIES
S
EC
. 1501. Section 2(c) of chapter VIII of title I of Public
Law 100–71 (2 U.S.C. 6567(c)) is amended by striking ‘‘$10,000’’
and inserting ‘‘$15,000’’.
S
EC
. 1502. Section 902 of the Emergency Supplemental Act,
2002 (2 U.S.C. 6616) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘subsection (b)’’ and inserting ‘‘para-
graph (3)’’; and
(ii) by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) the Sergeant at Arms of the Senate may enter into
a memorandum of understanding described in paragraph (1)
consistent with the Senate Procurement Regulations.’’; and
(2) by striking subsection (b) and inserting the following:
‘‘(b) The Sergeant at Arms of the Senate may incur obligations
and make expenditures for meals, refreshments, and other support
and maintenance for Members, officers, and employees of the Senate
when such obligations and expenditures are necessary to respond
to emergencies involving the safety of human life or the protection
of property.’’.
TITLE XVI—LEGISLATIVE BRANCH
INSPECTORS GENERAL INDEPENDENCE
SEC. 1601. SHORT TITLE.
This title may be cited as the ‘‘Legislative Branch Inspectors
General Independence Act of 2019’’.
SEC. 1602. PAY, LIMITS ON BONUSES, COUNSEL, AND AUTHORITIES.
(a) L
IBRARY OF
C
ONGRESS
.—Section 1307 of the Legislative
Branch Appropriations Act, 2006 (2 U.S.C. 185) is amended—
(1) in subsection (c)—
(A) in the subsection heading, by inserting ‘‘; P
AY
;
L
IMITS ON
B
ONUSES
; C
OUNSEL
’’ after ‘‘R
EMOVAL
’’;
(B) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) R
EMOVAL OR TRANSFER
.—
‘‘(A) I
N GENERAL
.—The Inspector General may be
removed from office, or transferred to another position
within, or another location of, the Library of Congress,
by the Librarian of Congress.
‘‘(B) N
OTICE
.—Not later than 30 days before the
Librarian of Congress removes or transfers the Inspector
General under subparagraph (A), the Librarian of Congress
shall communicate in writing the reason for the removal
or transfer to—
‘‘(i) the Committee on House Administration and
the Committee on Appropriations of the House of Rep-
resentatives; and
‘‘(ii) the Committee on Rules and Administration
and the Committee on Appropriations of the Senate.
Deadline.
2 USC 131 note.
Legislative
Branch
Inspectors
General
Independence Act
of 2019,
Memorandum.
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133 STAT. 3210 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(C) A
PPLICABILITY
.—Nothing in this paragraph shall
prohibit a personnel action (except for removal or transfer)
that is otherwise authorized by law.’’; and
(C) by adding at the end the following:
‘‘(3) P
AY
.—
‘‘(A) I
N GENERAL
.—The position of Inspector General
shall—
‘‘(i) be classified as a position above GS–15 in
accordance with section 5108 of title 5, United States
Code; and
‘‘(ii) have a rate of basic pay that is not less than
the average rate of basic pay of all other employees
in positions classified as above GS–15 of the Library
of Congress calculated on an annual basis.
‘‘(B) A
DJUSTMENTS
.—The Librarian of Congress shall
establish the amount of the annual adjustment in the
rate of basic pay for the Inspector General in an amount
equal to the average of the annual adjustments in the
rate of basic pay provided to all other employees in posi-
tions classified as above GS–15 of the Library of Congress,
in a manner consistent with section 5376 of title 5, United
States Code.
‘‘(4) N
O BONUSES
.—The Inspector General may not receive
any cash award or cash bonus, including a cash award under
chapter 45 of title 5, United States Code.
‘‘(5) C
OUNSEL
.—The Inspector General shall, in accordance
with applicable laws and regulations governing selections,
appointments, and employment at the Library of Congress,
obtain legal advice from a counsel reporting directly to the
Inspector General or another Inspector General.’’; and
(2) in subsection (d)(1), by striking ‘‘Sections 4’’ and all
that follows through ‘‘and 7’’ and inserting ‘‘Sections 4, 5 (other
than subsection (a)(13)), 6 (other than subsection (a)(7)), and
7’’.
(b) O
FFICE OF THE
A
RCHITECT OF THE
C
APITOL
.—Section 1301(c)
of the Architect of the Capitol Inspector General Act of 2007 (2
U.S.C. 1808(c)) is amended—
(1) in the subsection heading, by inserting ‘‘; P
AY
; L
IMITS
ON
B
ONUSES
; C
OUNSEL
’’ after ‘‘R
EMOVAL
’’;
(2) by striking paragraph (2) and inserting the following:
‘‘(2) R
EMOVAL OR TRANSFER
.—
‘‘(A) I
N GENERAL
.—The Inspector General may be
removed from office, or transferred to another position
within, or another location of, the Office of the Architect
of the Capitol, by the Architect of the Capitol.
‘‘(B) N
OTICE
.—Not later than 30 days before the
Architect of the Capitol removes or transfers the Inspector
General under subparagraph (A), the Architect of the Cap-
itol shall communicate in writing the reason for the removal
or transfer to—
‘‘(i) the Committee on House Administration and
the Committee on Appropriations of the House of Rep-
resentatives; and
‘‘(ii) the Committee on Rules and Administration
and the Committee on Appropriations of the Senate.
Deadline.
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133 STAT. 3211 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(C) A
PPLICABILITY
.—Nothing in this paragraph shall
prohibit a personnel action (except for removal or transfer)
that is otherwise authorized by law.’’; and
(3) by adding at the end the following:
‘‘(4) N
O BONUSES
.—The Inspector General may not receive
any cash award or cash bonus, including a cash award under
chapter 45 of title 5, United States Code.
‘‘(5) C
OUNSEL
.—The Inspector General shall, in accordance
with applicable laws and regulations governing selections,
appointments, and employment at the Office of the Architect
of the Capitol, obtain legal advice from a counsel reporting
directly to the Inspector General or another Inspector General.’’.
(c) G
OVERNMENT
P
UBLISHING
O
FFICE
.—
(1) I
N GENERAL
.—Section 3902 of title 44, United States
Code, is amended—
(A) in the section heading, by inserting ‘‘; pay; limits
on bonuses; counsel’’ after ‘‘removal’’;
(B) by striking subsection (b) and inserting the fol-
lowing:
‘‘(b)(1) The Inspector General may be removed from office, or
transferred to another position within, or another location of, the
Government Publishing Office, by the Director of the Government
Publishing Office.
‘‘(2) Not later than 30 days before the Director removes or
transfers the Inspector General under paragraph (1), the Director
shall communicate in writing the reason for the removal or transfer
to—
‘‘(A) the Committee on House Administration and the Com-
mittee on Appropriations of the House of Representatives; and
‘‘(B) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate.
‘‘(3) Nothing in this subsection shall prohibit a personnel action
(except for removal or transfer) that is otherwise authorized by
law.’’; and
(C) by adding at the end the following:
‘‘(c)(1) The position of Inspector General shall be—
‘‘(A) classified as a position as a senior level employee,
in accordance with this title; and
‘‘(B) have a rate of basic pay that is not less than the
average rate of basic pay of all other senior level employees
of the Government Publishing Office calculated on an annual
basis.
‘‘(2) The Director of the Government Publishing Office shall
establish the amount of the annual adjustment in the rate of
basic pay for the Inspector General in an amount equal to the
average of the annual adjustments in the rate of basic pay provided
to all other senior level employees of the Government Publishing
Office, consistent with this title.
‘‘(d) The Inspector General may not receive any cash award
or cash bonus, including a cash award under chapter 45 of title
5.
‘‘(e) The Inspector General shall, in accordance with applicable
laws and regulations governing selections, appointments, and
employment at the Government Publishing Office, obtain legal
advice from a counsel reporting directly to the Inspector General
or another Inspector General.’’.
Deadline.
Notification.
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133 STAT. 3212 PUBLIC LAW 116–94—DEC. 20, 2019
(2) T
ECHNICAL AND CONFORMING AMENDMENT
.—The table
of sections for chapter 39 of title 44, United States Code,
is amended by striking the item relating to section 3902 and
inserting the following:
‘‘3902. Appointment of Inspector General; supervision; removal; pay; limits on bo-
nuses; counsel.’’.
SEC. 1603. LAW ENFORCEMENT AUTHORITY.
(a) L
IBRARY OF
C
ONGRESS
.—Section 1307(d) of the Legislative
Branch Appropriations Act, 2006 (2 U.S.C. 185(d)) is amended
by adding at the end the following:
‘‘(3) L
AW ENFORCEMENT AUTHORITY
.—
‘‘(A) I
N GENERAL
.—Subject to subparagraph (B), any
supervisory special agent under the Inspector General and
any special agent supervised by such a supervisory special
agent is authorized to—
‘‘(i) make an arrest without a warrant while
engaged in official duties as authorized under this
section or any other statute for any offense against
the United States committed in the presence of such
supervisory special agent or special agent, or for any
felony cognizable under the laws of the United States
if such supervisory special agent or special agent has
reasonable grounds to believe that the person to be
arrested has committed or is committing such felony;
‘‘(ii) seek and execute warrants for arrest, search
of a premises, or seizure of evidence issued under
the authority of the United States upon probable cause
to believe that a violation has been committed; and
‘‘(iii) carry a firearm while engaged in official
duties as authorized under this section or any other
statute.
‘‘(B) R
EQUIREMENTS TO EXERCISE AUTHORITY
.—
‘‘(i) R
EQUIRED CERTIFICATION
.—
‘‘(I) I
N GENERAL
.—In order to exercise the
authority under subparagraph (A), a supervisory
special agent or a special agent supervised by such
a supervisory special agent shall certify that he
or she—
‘‘(aa) is a citizen of the United States;
‘‘(bb) has successfully completed a basic
law enforcement training program or military
or other equivalent; and
‘‘(cc) is not prohibited from receiving a
firearm under Federal law, including under
section 922(g)(9) of title 18, United States
Code, because of a conviction of a mis-
demeanor crime of domestic violence.
‘‘(II) A
DDITIONAL REQUIREMENTS
.—After pro-
viding notice to the appropriate committees of Con-
gress, the Inspector General may add requirements
to the certification required under subclause (I),
as determined appropriate by the Inspector Gen-
eral.
‘‘(ii) M
AINTENANCE OF REQUIREMENTS
.—The
Inspector General shall maintain firearms-related
44 USC 3901
prec.
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133 STAT. 3213 PUBLIC LAW 116–94—DEC. 20, 2019
requirements (including quarterly firearms qualifica-
tions) and use of force training requirements that,
except to the extent the Inspector General determines
necessary to effectively carry out the duties of the
Office of the Inspector General, are in accordance with
the Council of the Inspectors General on Integrity and
Efficiency use of force policies, which incorporate
Department of Justice guidelines.
‘‘(iii) E
LIGIBILITY DETERMINATION
.—
‘‘(I) I
N GENERAL
.—The Inspector General
shall—
‘‘(aa) determine whether an individual
meets the requirements under this paragraph;
and
‘‘(bb) revoke any authority granted to an
individual under subparagraph (A) if the indi-
vidual is not in compliance with the require-
ments of this paragraph.
‘‘(II) R
EAUTHORIZATION
.—The Inspector Gen-
eral may reauthorize an individual to exercise the
authority granted under subparagraph (A) if the
Inspector General determines the individual has
achieved compliance with the requirements under
this paragraph.
‘‘(III) L
IMITATION ON APPEAL
.—A revocation of
the authority granted under subparagraph (A)
shall not be subject to administrative, judicial, or
other review, unless the revocation results in an
adverse action. Such an adverse action may, at
the election of the applicable individual, be
reviewed in accordance with the otherwise
applicable procedures.
‘‘(C) S
EMIANNUAL CERTIFICATION OF PROGRAM
.—
‘‘(i) I
N GENERAL
.—Before the first grant of
authority under subparagraph (A), and semiannually
thereafter as part of the report under section 5 of
the Inspector General Act of 1978 (5 U.S.C. App.),
the Inspector General shall submit to the appropriate
committees of Congress a written certification that ade-
quate internal safeguards and management procedures
exist that, except to the extent the Inspector General
determines necessary to effectively carry out the duties
of the Office of the Inspector General, are in compliance
with standards established by the Council of the
Inspectors General on Integrity and Efficiency, which
incorporate Department of Justice guidelines, to ensure
proper exercise of the powers authorized under this
paragraph.
‘‘(ii) S
USPENSION OF AUTHORITY
.—The authority
granted under this paragraph (including any grant
of authority to an individual under subparagraph (A),
without regard to whether the individual is in compli-
ance with subparagraph (B)) may be suspended by
the Inspector General if the Office of Inspector General
fails to comply with the reporting and review require-
ments under clause (i) of this subparagraph or subpara-
graph (D). Any suspension of authority under this
Reports.
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133 STAT. 3214 PUBLIC LAW 116–94—DEC. 20, 2019
clause shall be reported to the appropriate committees
of Congress.
‘‘(D) P
EER REVIEW
.—To ensure the proper exercise of
the law enforcement powers authorized under this para-
graph, the Office of Inspector General shall submit to and
participate in the external review process established by
the Council of the Inspectors General on Integrity and
Efficiency for ensuring that adequate internal safeguards
and management procedures continue to exist. Under the
review process, the exercise of the law enforcement powers
by the Office of Inspector General shall be reviewed periodi-
cally by another Office of Inspector General or by a com-
mittee of Inspectors General. The results of each review
shall be communicated in writing to the Inspector General,
the Council of the Inspectors General on Integrity and
Efficiency, and the appropriate committees of Congress.
‘‘(E) A
LLEGED MISCONDUCT
.—Any allegation of mis-
conduct by an individual granted authority under subpara-
graph (A) may be reviewed by the Integrity Committee
of the Council of the Inspectors General on Integrity and
Efficiency.
‘‘(F) A
PPROPRIATE COMMITTEES OF CONGRESS
.—In this
paragraph, the term ‘appropriate committees of Congress’
means—
‘‘(i) the Committee on Rules and Administration
and the Committee on Appropriations of the Senate;
and
‘‘(ii) the Committee on House Administration and
the Committee on Appropriations of the House of Rep-
resentatives.’’.
(b) A
RCHITECT OF THE
C
APITOL
.—Section 1301(d) of the
Architect of the Capitol Inspector General Act of 2007 (2 U.S.C.
1808(d)) is amended by adding at the end the following:
‘‘(3) L
AW ENFORCEMENT AUTHORITY
.—
‘‘(A) I
N GENERAL
.—Subject to subparagraph (B), any
supervisory special agent under the Inspector General and
any special agent supervised by such a supervisory special
agent is authorized to—
‘‘(i) make an arrest without a warrant while
engaged in official duties as authorized under this
section or any other statute for any offense against
the United States committed in the presence of such
supervisory special agent or special agent, or for any
felony cognizable under the laws of the United States
if such supervisory special agent or special agent has
reasonable grounds to believe that the person to be
arrested has committed or is committing such felony;
‘‘(ii) seek and execute warrants for arrest, search
of a premises, or seizure of evidence issued under
the authority of the United States upon probable cause
to believe that a violation has been committed; and
‘‘(iii) carry a firearm while engaged in official
duties as authorized under this section or any other
statute.
‘‘(B) R
EQUIREMENTS TO EXERCISE AUTHORITY
.—
‘‘(i) R
EQUIRED CERTIFICATION
.—
Definition.
Notification.
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133 STAT. 3215 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(I) I
N GENERAL
.—In order to exercise the
authority under subparagraph (A), a supervisory
special agent or a special agent supervised by such
a supervisory special agent shall certify that he
or she—
‘‘(aa) is a citizen of the United States;
‘‘(bb) has successfully completed a basic
law enforcement training program or military
or other equivalent; and
‘‘(cc) is not prohibited from receiving a
firearm under Federal law, including under
section 922(g)(9) of title 18, United States
Code, because of a conviction of a mis-
demeanor crime of domestic violence.
‘‘(II) A
DDITIONAL REQUIREMENTS
.—After pro-
viding notice to the appropriate committees of Con-
gress, the Inspector General may add requirements
to the certification required under subclause (I),
as determined appropriate by the Inspector Gen-
eral.
‘‘(ii) M
AINTENANCE OF REQUIREMENTS
.—The
Inspector General shall maintain firearms-related
requirements (including quarterly firearms qualifica-
tions) and use of force training requirements that,
except to the extent the Inspector General determines
necessary to effectively carry out the duties of the
Office of the Inspector General, are in accordance with
the Council of the Inspectors General on Integrity and
Efficiency use of force policies, which incorporate
Department of Justice guidelines.
‘‘(iii) E
LIGIBILITY DETERMINATION
.—
‘‘(I) I
N GENERAL
.—The Inspector General
shall—
‘‘(aa) determine whether an individual
meets the requirements under this paragraph;
and
‘‘(bb) revoke any authority granted to an
individual under subparagraph (A) if the indi-
vidual is not in compliance with the require-
ments of this paragraph.
‘‘(II) R
EAUTHORIZATION
.—The Inspector Gen-
eral may reauthorize an individual to exercise the
authority granted under subparagraph (A) if the
Inspector General determines the individual has
achieved compliance with the requirements under
this paragraph.
‘‘(III) L
IMITATION ON APPEAL
.—A revocation of
the authority granted under subparagraph (A)
shall not be subject to administrative, judicial, or
other review, unless the revocation results in an
adverse action. Such an adverse action may, at
the election of the applicable individual, be
reviewed in accordance with the otherwise
applicable procedures.
‘‘(C) S
EMIANNUAL CERTIFICATION OF PROGRAM
.—
‘‘(i) I
N GENERAL
.—Before the first grant of
authority under subparagraph (A), and semiannually
Compliance.
Notification.
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133 STAT. 3216 PUBLIC LAW 116–94—DEC. 20, 2019
thereafter as part of the report under section 5 of
the Inspector General Act of 1978 (5 U.S.C. App.),
the Inspector General shall submit to the appropriate
committees of Congress a written certification that ade-
quate internal safeguards and management procedures
exist that, except to the extent the Inspector General
determines necessary to effectively carry out the duties
of the Office of the Inspector General, are in compliance
with standards established by the Council of the
Inspectors General on Integrity and Efficiency, which
incorporate Department of Justice guidelines, to ensure
proper exercise of the powers authorized under this
paragraph.
‘‘(ii) S
USPENSION OF AUTHORITY
.—The authority
granted under this paragraph (including any grant
of authority to an individual under subparagraph (A),
without regard to whether the individual is in compli-
ance with subparagraph (B)) may be suspended by
the Inspector General if the Office of Inspector General
fails to comply with the reporting and review require-
ments under clause (i) of this subparagraph or subpara-
graph (D). Any suspension of authority under this
clause shall be reported to the appropriate committees
of Congress.
‘‘(D) P
EER REVIEW
.—To ensure the proper exercise of
the law enforcement powers authorized under this para-
graph, the Office of Inspector General shall submit to and
participate in the external review process established by
the Council of the Inspectors General on Integrity and
Efficiency for ensuring that adequate internal safeguards
and management procedures continue to exist. Under the
review process, the exercise of the law enforcement powers
by the Office of Inspector General shall be reviewed periodi-
cally by another Office of Inspector General or by a com-
mittee of Inspectors General. The results of each review
shall be communicated in writing to the Inspector General,
the Council of the Inspectors General on Integrity and
Efficiency, and the appropriate committees of Congress.
‘‘(E) A
LLEGED MISCONDUCT
.—Any allegation of mis-
conduct by an individual granted authority under subpara-
graph (A) may be reviewed by the Integrity Committee
of the Council of the Inspectors General on Integrity and
Efficiency.
‘‘(F) A
PPROPRIATE COMMITTEES OF CONGRESS
.—In this
paragraph, the term ‘appropriate committees of Congress’
means—
‘‘(i) the Committee on Rules and Administration
and the Committee on Appropriations of the Senate;
and
‘‘(ii) the Committee on House Administration and
the Committee on Appropriations of the House of Rep-
resentatives.’’.
(c) G
OVERNMENT
P
UBLISHING
O
FFICE
.—Section 3903 of title
44, United States Code, is amended is amended by adding at
the end the following:
Definition.
Reports.
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133 STAT. 3217 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(c)(1) Subject to paragraph (2), any supervisory special agent
under the Inspector General and any special agent supervised by
such a supervisory special agent is authorized to—
‘‘(A) make an arrest without a warrant while engaged
in official duties as authorized under this chapter or any other
statute for any offense against the United States committed
in the presence of such supervisory special agent or special
agent, or for any felony cognizable under the laws of the United
States if such supervisory special agent or special agent has
reasonable grounds to believe that the person to be arrested
has committed or is committing such felony;
‘‘(B) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the authority
of the United States upon probable cause to believe that a
violation has been committed; and
‘‘(C) carry a firearm while engaged in official duties as
authorized under this chapter or any other statute.
‘‘(2)(A)(i) In order to exercise the authority under paragraph
(1), a supervisory special agent or a special agent supervised by
such a supervisory special agent shall certify that he or she—
‘‘(I) is a citizen of the United States;
‘‘(II) has successfully completed a basic law enforcement
training program or military or other equivalent; and
‘‘(III) is not prohibited from receiving a firearm under Fed-
eral law, including under section 922(g)(9) of title 18, United
States Code, because of a conviction of a misdemeanor crime
of domestic violence.
‘‘(ii) After providing notice to the appropriate committees of
Congress, the Inspector General may add requirements to the cer-
tification required under clause (i), as determined appropriate by
the Inspector General.
‘‘(B) The Inspector General shall maintain firearms-related
requirements (including quarterly firearms qualifications) and use
of force training requirements that, except to the extent the
Inspector General determines necessary to effectively carry out
the duties of the Office of the Inspector General, are in accordance
with the Council of the Inspectors General on Integrity and Effi-
ciency use of force policies, which incorporate Department of Justice
guidelines.
‘‘(C)(i) The Inspector General shall—
‘‘(I) determine whether an individual meets the require-
ments under this subsection; and
‘‘(II) revoke any authority granted to an individual under
paragraph (1) if the individual is not in compliance with the
requirements of this subsection.
‘‘(ii) The Inspector General may reauthorize an individual to
exercise the authority granted under paragraph (1) if the Inspector
General determines the individual has achieved compliance with
the requirements under this subsection.
‘‘(iii) A revocation of the authority granted under paragraph
(1) shall not be subject to administrative, judicial, or other review,
unless the revocation results in an adverse action. Such an adverse
action may, at the election of the applicable individual, be reviewed
in accordance with the otherwise applicable procedures.
‘‘(3)(A) Before the first grant of authority under paragraph
(1), and semiannually thereafter as part of the report under section
5 of the Inspector General Act of 1978 (5 U.S.C. App.), the Inspector
Time period.
Certification.
Compliance.
Determination.
Determination.
Notification.
Certification.
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133 STAT. 3218 PUBLIC LAW 116–94—DEC. 20, 2019
General shall submit to the appropriate committees of Congress
a written certification that adequate internal safeguards and
management procedures exist that, except to the extent the
Inspector General determines necessary to effectively carry out
the duties of the Office of the Inspector General, are in compliance
with standards established by the Council of the Inspectors General
on Integrity and Efficiency, which incorporate Department of Justice
guidelines, to ensure proper exercise of the powers authorized under
this subsection.
‘‘(B) The authority granted under this subsection (including
any grant of authority to an individual under paragraph (1), without
regard to whether the individual is in compliance with paragraph
(2)) may be suspended by the Inspector General if the Office of
Inspector General fails to comply with the reporting and review
requirements under subparagraph (A) of this paragraph or para-
graph (4). Any suspension of authority under this subparagraph
shall be reported to the appropriate committees of Congress.
‘‘(4) To ensure the proper exercise of the law enforcement
powers authorized under this subsection, the Office of Inspector
General shall submit to and participate in the external review
process established by the Council of the Inspectors General on
Integrity and Efficiency for ensuring that adequate internal safe-
guards and management procedures continue to exist. Under the
review process, the exercise of the law enforcement powers by
the Office of Inspector General shall be reviewed periodically by
another Office of Inspector General or by a committee of Inspectors
General. The results of each review shall be communicated in
writing to the Inspector General, the Council of the Inspectors
General on Integrity and Efficiency, and the appropriate committees
of Congress.
‘‘(5) Any allegation of misconduct by an individual granted
authority under paragraph (1) may be reviewed by the Integrity
Committee of the Council of the Inspectors General on Integrity
and Efficiency.
‘‘(6) In this subsection, the term ‘appropriate committees of
Congress’ means—
‘‘(A) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate; and
‘‘(B) the Committee on House Administration and the Com-
mittee on Appropriations of the House of Representatives.’’.
SEC. 1604. BUDGET INDEPENDENCE.
(a) L
IBRARY OF
C
ONGRESS
.—
(1) A
UTHORITY
.—Section 1307(d) of the Legislative Branch
Appropriations Act, 2006 (2 U.S.C. 185(d)), as amended by
section 1603 of this Act, is amended by adding at the end
the following:
‘‘(4) B
UDGET INDEPENDENCE
.—The Librarian of Congress
shall include the annual budget request of the Inspector Gen-
eral in the budget of the Library of Congress without change.’’.
(b) O
FFICE OF THE
A
RCHITECT OF THE
C
APITOL
.—Section 1301(d)
of the Architect of the Capitol Inspector General Act of 2007 (2
U.S.C. 1808(d)), as amended by section 1603 of this Act, is amended
by adding at the end the following:
Definition.
Notification.
Review.
Reports.
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133 STAT. 3219 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(4) B
UDGET INDEPENDENCE
.—The Architect of the Capitol
shall include the annual budget request of the Inspector Gen-
eral in the budget of the Office of the Architect of the Capitol
without change.’’.
(c) G
OVERNMENT
P
UBLISHING
O
FFICE
.—Section 3903 of title
44, United States Code, as amended by section 1603 of this Act,
is amended by adding at the end the following:
‘‘(d) The Director of the Government Publishing Office shall
include the annual budget request of the Inspector General in
the budget of the Government Publishing Office without change.’’.
(d) S
EPARATE
A
LLOCATIONS
.—
(1) L
EGISLATIVE BRANCH INSTRUMENTALITY DEFINED
.—In
this subsection, the term ‘‘legislative branch instrumentality’’
means the Library of Congress, the Office of the Architect
of the Capitol, or the Government Publishing Office.
(2) A
LLOCATION
.—For fiscal year 2021, and each fiscal year
thereafter, Congress shall provide, within the amounts made
available for salaries and expenses of each legislative branch
instrumentality, a separate allocation of amounts for salaries
and expenses of the Office of the Inspector General of the
covered legislative branch instrumentality.
SEC. 1605. HIRING AUTHORITY.
(a) L
IBRARY OF
C
ONGRESS
.—Section 1307(d)(2) of the Legislative
Branch Appropriations Act, 2006 (2 U.S.C. 185(d)(2)) is amended—
(1) by striking ‘‘The Inspector’’ and inserting the following:
‘‘(A) I
N GENERAL
.—The Inspector’’;
(2) in subparagraph (A), as so designated, by inserting
‘‘, without the supervision or approval of any other employee,
office, or other entity within the Library of Congress,’’ after
‘‘is authorized’’; and
(3) by adding at the end the following:
‘‘(B) S
ECURITY AND SUITABILITY
.—Appointments under
the authority under subparagraph (A) shall be made con-
sistent with personnel security and suitability require-
ments.
‘‘(C) C
ONSULTANTS
.—Any appointment of a consultant
under the authority under subparagraph (A) shall be made
consistent with section 6(a)(8) of the Inspector General
Act of 1978 (5 U.S.C. App.).’’.
(b) O
FFICE OF THE
A
RCHITECT OF THE
C
APITOL
.—Section
1301(d)(2) of the Architect of the Capitol Inspector General Act
of 2007 (2 U.S.C. 1808(d)(2)) is amended—
(1) by striking ‘‘The Inspector’’ and inserting the following:
‘‘(A) I
N GENERAL
.—The Inspector’’;
(2) in subparagraph (A), as so designated, by inserting
‘‘, without the supervision or approval of any other employee,
office, or other entity within the Office of the Architect of
the Capitol,’’ after ‘‘is authorized’’; and
(3) by adding at the end the following:
‘‘(B) S
ECURITY AND SUITABILITY
.—Appointments under
the authority under subparagraph (A) shall be made con-
sistent with personnel security and suitability require-
ments.
‘‘(C) C
ONSULTANTS
.—Any appointment of a consultant
under the authority under subparagraph (A) shall be made
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133 STAT. 3220 PUBLIC LAW 116–94—DEC. 20, 2019
consistent with section 6(a)(8) of the Inspector General
Act of 1978 (5 U.S.C. App.).’’.
(c) G
OVERNMENT
P
UBLISHING
O
FFICE
.—Section 3903(b) of title
44, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Inspector’’;
(2) in paragraph (1), as so designated, by inserting ‘‘, with-
out the supervision or approval of any other employee, office,
or other entity within the Government Publishing Office,’’ after
‘‘is authorized’’; and
(3) by adding at the end the following:
‘‘(2) Appointments under the authority under paragraph (1)
shall be made consistent with personnel security and suitability
requirements.
‘‘(3) Any appointment of a consultant under the authority under
paragraph (1) shall be made consistent with section 6(a)(8) of the
Inspector General Act of 1978 (5 U.S.C. App.).’’.
TITLE XVII—MANAGING POLITICAL
FUND ACTIVITY
SEC. 1701. MANAGING POLITICAL FUND ACTIVITY.
The Majority Leader and the Minority Leader may each des-
ignate up to 2 employees of their respective leadership office staff
as designees referred to in the second sentence of paragraph 1
of rule XLI of the Standing Rules of the Senate.
TITLE XVIII—KENTUCKY WILDLANDS
NATIONAL HERITAGE AREA STUDY
SEC. 1801. SHORT TITLE.
This title may be cited as the ‘‘Kentucky Wildlands National
Heritage Area Study Act’’.
SEC. 1802. DEFINITIONS.
In this Act:
(1) H
ERITAGE AREA
.—The term ‘‘Heritage Area’’ means the
Kentucky Wildlands National Heritage Area.
(2) S
ECRETARY
.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) S
TATE
.—The term ‘‘State’’ means the State of Kentucky.
(4) S
TUDY AREA
.—The term ‘‘study area’’ means—
(A) Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey,
Clay, Clinton, Cumberland, Elliott, Floyd, Green, Harlan,
Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee,
Leslie, Letcher, Lincoln, Magoffin, Martin, McCreary,
Menifee, Metcalfe, Monroe, Morgan, Owsley, Perry, Pike,
Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and
Wolfe Counties in the State; and
(B) any other areas in the State that—
(i) have heritage aspects that are similar to the
heritage aspects of the areas described in subparagraph
(A); and
(ii) are adjacent to, or in the vicinity of, the areas
described in that subparagraph.
Kentucky
Wildlands
National
Heritage Area
Study Act.
2 USC 6131 note.
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133 STAT. 3221 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 1803. STUDY.
(a) I
N
G
ENERAL
.—The Secretary, in consultation with State
and local historic preservation officers, State and local historical
societies, State and local tourism offices, and other appropriate
organizations and governmental agencies, shall conduct a study
to assess the suitability and feasibility of designating the study
area as a National Heritage Area, to be known as the ‘‘Kentucky
Wildlands National Heritage Area’’.
(b) R
EQUIREMENTS
.—The study shall include analysis, docu-
mentation, and determinations on whether the study area—
(1) has an assemblage of natural, historic, and cultural
resources that—
(A) represent distinctive aspects of the heritage of the
United States;
(B) are worthy of recognition, conservation, interpreta-
tion, and continuing use; and
(C) would be best managed—
(i) through partnerships among public and private
entities; and
(ii) by linking diverse and sometimes noncontig-
uous resources and active communities;
(2) reflects traditions, customs, beliefs, and folklife that
are a valuable part of the story of the United States;
(3) provides outstanding opportunities—
(A) to conserve natural, historic, cultural, or scenic
features; and
(B) for recreation and education;
(4) contains resources that—
(A) are important to any identified themes of the study
area; and
(B) retain a degree of integrity capable of supporting
interpretation;
(5) includes residents, business interests, nonprofit
organizations, and State and local governments that—
(A) are involved in the planning of the Heritage Area;
(B) have developed a conceptual financial plan that
outlines the roles of all participants in the Heritage Area,
including the Federal Government; and
(C) have demonstrated support for the designation of
the Heritage Area;
(6) has a potential management entity to work in partner-
ship with the individuals and entities described in paragraph
(5) to develop the Heritage Area while encouraging State and
local economic activity;
(7) could impact the rights of private property owners with
respect to private property; and
(8) has a conceptual boundary map that is supported by
the public.
SEC. 1804. REPORT.
Not later than 3 years after the date on which funds are
first made available to carry out this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the House
of Representatives a report that describes—
(1) the findings of the study under section 1803; and
(2) any conclusions and recommendations of the Secretary.
Recommenda-
tions.
Analysis.
Determinations.
Consultation.
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133 STAT. 3222 PUBLIC LAW 116–94—DEC. 20, 2019
TITLE XIX—INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT
SEC. 1901. INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT.
The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.)
is amended by adding at the end the following new section:
‘‘SEC. 73. CAPITAL STOCK INCREASES.
‘‘(a) I
NCREASES
A
UTHORIZED
.—The United States Governor of
the Bank is authorized—
‘‘(1)(A) to vote in favor of a resolution to increase the
capital stock of the Bank on a selective basis by 245,773 shares;
and
‘‘(B) to subscribe on behalf of the United States to 42,298
additional shares of the capital stock of the Bank, as part
of the selective increase in the capital stock of the Bank, except
that any subscription to such additional shares shall be effective
only to the extent or in such amounts as are provided in
advance in appropriations Acts; and
‘‘(2)(A) to vote in favor of a resolution to increase the
capital stock of the Bank on a general basis by 230,500 shares;
and
‘‘(B) to subscribe on behalf of the United States to 38,662
additional shares of the capital stock of the Bank, as part
of the general increase in the capital stock of the Bank, except
that any subscription to such additional shares shall be effective
only to the extent or in such amounts as are provided in
advance in appropriations Acts.
‘‘(b) L
IMITATIONS ON
A
UTHORIZATION OF
A
PPROPRIATIONS
.—(1)
In order to pay for the increase in the United States subscription
to the Bank under subsection (a)(2)(B), there are authorized to
be appropriated, without fiscal year limitation, $4,663,990,370 for
payment by the Secretary of the Treasury.
‘‘(2) Of the amount authorized to be appropriated under para-
graph (1), $932,798,074 shall be for paid in shares of the Bank,
and $3,731,192,296 shall be for callable shares of the Bank.
‘‘(3) In order to pay for the increase in the United States
subscription to the Bank under subsection (a)(1)(B), there are
authorized to be appropriated, without fiscal year limitation
$5,102,619,230 for payment by the Secretary of the Treasury.
‘‘(4) Of the amount authorized to be appropriated under para-
graph (3), $306,157,153.80 shall be for paid in shares of the Bank,
and $4,796,462,076.20 shall be for callable shares of the Bank.’’.
TITLE XX—EUROPEAN ENERGY SECU-
RITY AND DIVERSIFICATION ACT OF
2019
SEC. 2001. SHORT TITLE.
This title may be cited as the ‘‘European Energy Security
and Diversification Act of 2019’’.
22 USC 9501
note.
European Energy
Security and
Diversification
Act of 2019.
22 USC 286zz.
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133 STAT. 3223 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 2002. DEFINITIONS.
In this title:
(1) E
ARLY
-
STAGE PROJECT SUPPORT
.—The term ‘‘early-stage
project support’’ includes—
(A) feasibility studies;
(B) resource evaluations;
(C) project appraisal and costing;
(D) pilot projects;
(E) commercial support, such as trade missions, reverse
trade missions, technical workshops, international buyer
programs, and international partner searchers to link sup-
pliers to projects;
(F) technical assistance and other guidance to improve
the local regulatory environment and market frameworks
to encourage transparent competition and enhance energy
security; and
(G) long-term energy sector planning.
(2) L
ATE
-
STAGE PROJECT SUPPORT
.—The term ‘‘late-stage
project support’’ includes debt financing, insurance, and trans-
action advisory services.
SEC. 2003. STATEMENT OF POLICY.
(a) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
the United States has economic and national security interests
in assisting European and Eurasian countries achieve energy secu-
rity through diversification of their energy sources and supply
routes.
(b) S
TATEMENT OF
P
OLICY
.—It is the policy of the United
States—
(1) to advance United States foreign policy and development
goals by assisting European and Eurasian countries to reduce
their dependence on energy resources from countries that use
energy dependence for undue political influence, such as the
Russian Federation, which has used natural gas to coerce,
intimidate, and influence other countries;
(2) to promote the energy security of allies and partners
of the United States by encouraging the development of acces-
sible, transparent, and competitive energy markets that provide
diversified sources, types, and routes of energy;
(3) to encourage United States public and private sector
investment in European energy infrastructure projects to bridge
the gap between energy security requirements and commercial
demand in a way that is consistent with the region’s absorptive
capacity; and
(4) to help facilitate the export of United States energy
resources, technology, and expertise to global markets in a
way that benefits the energy security of allies and partners
of the United States, including in Europe and Eurasia.
SEC. 2004. PRIORITIZATION OF EFFORTS AND ASSISTANCE FOR
ENERGY INFRASTRUCTURE PROJECTS IN EUROPE AND
EURASIA.
(a) I
N
G
ENERAL
.—In pursuing the policy described in section
2003, the Secretary of State, in consultation with the Secretary
of Energy and the heads of other relevant United States agencies,
shall, as appropriate, prioritize and expedite the efforts of the
Department of State and those agencies in supporting the efforts
Consultation.
22 USC 9563.
22 USC 9562.
22 USC 9561.
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133 STAT. 3224 PUBLIC LAW 116–94—DEC. 20, 2019
of the European Commission and the governments of European
and Eurasian countries to increase their energy security, including
through—
(1) providing diplomatic and political support to the Euro-
pean Commission and those governments, as necessary—
(A) to facilitate international negotiations concerning
cross-border infrastructure;
(B) to enhance Europe’s regulatory environment with
respect to energy; and
(C) to develop accessible, transparent, and competitive
energy markets supplied by diverse sources, types, and
routes of energy; and
(2) providing support to improve European and Eurasian
energy markets, including early-stage project support and late-
stage project support for the construction or improvement of
energy and related infrastructure, as necessary—
(A) to diversify the energy sources and supply routes
of European and Eurasian countries;
(B) to enhance energy market integration across the
region; and
(C) to increase competition within energy markets.
(b) P
ROJECT
S
ELECTION
.—
(1) I
N GENERAL
.—The agencies described in subsection (a)
shall identify energy infrastructure projects that would be
appropriate for United States assistance under this section.
(2) P
ROJECT ELIGIBILITY
.—A project is eligible for United
States assistance under this section if the project—
(A)(i) improves electricity transmission infrastructure,
power generation through the use of a broad power mix
(including fossil fuel and renewable energy), or energy effi-
ciency; or
(ii) advances electricity storage projects, smart grid
projects, distributed generation models, or other techno-
logical innovations, as appropriate; and
(B) is located in a European or Eurasian country.
(3) P
REFERENCE
.—In selecting among projects that are
eligible under paragraph (2), the agencies described in sub-
section (a) shall give preference to projects that—
(A) link the energy systems of 2 or more European
or Eurasian countries;
(B) have already been identified by the European
Commission as being integral for the energy security of
European countries;
(C) are expected to enhance energy market integration;
(D) can attract funding from the private sector, an
international financial institution, the government of the
country in which the project will be carried out, or the
European Commission; or
(E) have the potential to use United States goods and
services during project implementation.
(c) T
YPES OF
A
SSISTANCE
.—
(1) D
IPLOMATIC AND POLITICAL SUPPORT
.—The Secretary
of State shall provide diplomatic and political support to the
European Commission and the governments of European and
Eurasian countries, as necessary, including by using the diplo-
matic and political influence and expertise of the Department
of State to build the capacity of those countries to resolve
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133 STAT. 3225 PUBLIC LAW 116–94—DEC. 20, 2019
any impediments to the development of projects selected under
subsection (b).
(2) E
ARLY
-
STAGE PROJECT SUPPORT
.—The Director of the
Trade and Development Agency shall provide early-stage
project support with respect to projects selected under sub-
section (b), as necessary.
(3) L
ATE
-
STAGE PROJECT SUPPORT
.—Agencies described in
subsection (a) that provide late-stage project support shall do
so with respect to projects selected under subsection (b), as
necessary.
(d) F
UNDING
.—
(1) T
RADE AND DEVELOPMENT AGENCY
.—Section 661(f)(1)(A)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(f)(1)(A))
is amended by striking ‘‘$48,000,000 for fiscal year 2000’’ and
inserting ‘‘$79,500,000 for fiscal year 2020’’.
(2) C
OUNTERING RUSSIAN INFLUENCE FUND
.—Section 254
of the Countering Russian Influence in Europe and Eurasia
Act of 2017 (22 U.S.C. 9543) is amended—
(A) in subsection (a), by striking ‘‘fiscal years 2018
and 2019’’ and inserting ‘‘fiscal years 2020, 2021, 2022,
and 2023’’; and
(B) in subsection (b), by adding at the end the following
new paragraph:
‘‘(7) To assist United States agencies that operate under
the foreign policy guidance of the Secretary of State in providing
assistance under section 2004 of the European Energy Security
and Diversification Act of 2019.’’.
(e) E
XCEPTION
F
ROM
C
ERTAIN
L
IMITATION
U
NDER
BUILD
A
CT
.—
(1) I
N GENERAL
.—For purposes of providing support for
projects under this section—
(A) the United States International Development
Finance Corporation may provide support for projects in
countries with upper-middle-income economies or high-
income economies (as those terms are defined by the World
Bank);
(B) the restriction under section 1412(c)(2) of the Better
Utilization of Investments Leading to Development Act
of 2018 (22 U.S.C. 9612(c)(2)) shall not apply; and
(C) the Corporation shall restrict the provision of such
support in a country described in subparagraph (A)
unless—
(i) the President certifies to the appropriate
congressional committees that such support furthers
the national economic or foreign policy interests of
the United States; and
(ii) such support is—
(I) designed to produce significant develop-
mental outcomes or provide developmental benefits
to the poorest population of that country; or
(II) necessary to preempt or counter efforts
by a strategic competitor of the United States to
secure significant political or economic leverage
or acquire national security-sensitive technologies
or infrastructure in a country that is an ally or
partner of the United States.
President.
Certification.
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133 STAT. 3226 PUBLIC LAW 116–94—DEC. 20, 2019
(2) D
EFINITIONS
.—In this subsection, the terms ‘‘appro-
priate congressional committees’’ and ‘‘less developed country’’
have the meanings given those terms in section 1402 of the
Better Utilization of Investments Leading to Development Act
of 2018 (22 U.S.C. 9601).
SEC. 2005. PROGRESS REPORTS.
Not later than one year after the date of the enactment of
this Act, and annually thereafter, the President shall submit to
the Committee on Foreign Relations of the Senate and the Com-
mittee on Foreign Affairs of the House of Representatives a report
on progress made in providing assistance for projects under section
2004 that includes—
(1) a description of the energy infrastructure projects the
United States has identified for such assistance; and
(2) for each such project—
(A) a description of the role of the United States in
the project, including in early-stage project support and
late-stage project support;
(B) the amount and form of any debt financing and
insurance provided by the United States Government for
the project;
(C) the amount and form of any early-stage project
support; and
(D) an update on the progress made on the project
as of the date of the report.
DIVISION Q—REVENUE PROVISIONS
SECTION 1. SHORT TITLE; ETC.
(a) S
HORT
T
ITLE
.—This division may be cited as the ‘‘Taxpayer
Certainty and Disaster Tax Relief Act of 2019’’.
(b) T
ABLE OF
C
ONTENTS
.—The table of contents for this division
is as follows:
Sec. 1. Short title; etc.
TITLE I—EXTENSION OF CERTAIN EXPIRING PROVISIONS
Subtitle A—Tax Relief and Support for Families and Individuals
Sec. 101. Exclusion from gross income of discharge of qualified principal residence
indebtedness.
Sec. 102. Treatment of mortgage insurance premiums as qualified residence inter-
est.
Sec. 103. Reduction in medical expense deduction floor.
Sec. 104. Deduction of qualified tuition and related expenses.
Sec. 105. Black lung disability trust fund excise tax.
Subtitle B—Incentives for Employment, Economic Growth, and Community
Development
Sec. 111. Indian employment credit.
Sec. 112. Railroad track maintenance credit.
Sec. 113. Mine rescue team training credit.
Sec. 114. Classification of certain race horses as 3-year property.
Sec. 115. 7-year recovery period for motorsports entertainment complexes.
Sec. 116. Accelerated depreciation for business property on Indian reservations.
Sec. 117. Expensing rules for certain productions.
Sec. 118. Empowerment zone tax incentives.
Sec. 119. American Samoa economic development credit.
Subtitle C—Incentives for Energy Production, Efficiency, and Green Economy Jobs
Sec. 121. Biodiesel and renewable diesel.
26 USC 1 note.
Taxpayer
Certainty and
Disaster Tax
Relief Act
of 2019.
President.
22 USC 9564.
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133 STAT. 3227 PUBLIC LAW 116–94—DEC. 20, 2019
Sec. 122. Second generation biofuel producer credit.
Sec. 123. Nonbusiness energy property.
Sec. 124. Qualified fuel cell motor vehicles.
Sec. 125. Alternative fuel refueling property credit.
Sec. 126. 2-wheeled plug-in electric vehicle credit.
Sec. 127. Credit for electricity produced from certain renewable resources.
Sec. 128. Production credit for Indian coal facilities.
Sec. 129. Energy efficient homes credit.
Sec. 130. Special allowance for second generation biofuel plant property.
Sec. 131. Energy efficient commercial buildings deduction.
Sec. 132. Special rule for sales or dispositions to implement FERC or State electric
restructuring policy for qualified electric utilities.
Sec. 133. Extension and clarification of excise tax credits relating to alternative
fuels.
Sec. 134. Oil spill liability trust fund rate.
Subtitle D—Certain Provisions Expiring at the End of 2019
Sec. 141. New markets tax credit.
Sec. 142. Employer credit for paid family and medical leave.
Sec. 143. Work opportunity credit.
Sec. 144. Certain provisions related to beer, wine, and distilled spirits.
Sec. 145. Look-thru rule for related controlled foreign corporations.
Sec. 146. Credit for health insurance costs of eligible individuals.
TITLE II—DISASTER TAX RELIEF
Sec. 201. Definitions.
Sec. 202. Special disaster-related rules for use of retirement funds.
Sec. 203. Employee retention credit for employers affected by qualified disasters.
Sec. 204. Other disaster-related tax relief provisions.
Sec. 205. Automatic extension of filing deadlines in case of certain taxpayers af-
fected by Federally declared disasters.
Sec. 206. Modification of the tax rate for the excise tax on investment income of
private foundations.
Sec. 207. Additional low-income housing credit allocations for qualified 2017 and
2018 California disaster areas.
Sec. 208. Treatment of certain possessions.
TITLE III—OTHER PROVISIONS
Sec. 301. Modification of income for purposes of determining tax-exempt status of
certain mutual or cooperative telephone or electric companies.
Sec. 302. Repeal of increase in unrelated business taxable income for certain fringe
benefit expenses.
(c) A
MENDMENT OF
1986 C
ODE
.—Except as otherwise expressly
provided, whenever in this division an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made
to a section or other provision of the Internal Revenue Code of
1986.
TITLE I—EXTENSION OF CERTAIN
EXPIRING PROVISIONS
Subtitle A—Tax Relief and Support for
Families and Individuals
SEC. 101. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALI-
FIED PRINCIPAL RESIDENCE INDEBTEDNESS.
(a) I
N
G
ENERAL
.—Section 108(a)(1)(E) is amended by striking
‘‘January 1, 2018’’ each place it appears and inserting ‘‘January
1, 2021’’.
(b) C
ONFORMING
A
MENDMENT
.—Section 108(h)(2) is amended
by inserting ‘‘and determined without regard to the substitution
described in section 163(h)(3)(F)(i)(II)’’ after ‘‘clause (ii) thereof’’.
26 USC 108.
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133 STAT. 3228 PUBLIC LAW 116–94—DEC. 20, 2019
(c) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to discharges of indebtedness after December 31, 2017.
SEC. 102. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS
QUALIFIED RESIDENCE INTEREST.
(a) I
N
G
ENERAL
.—Section 163(h)(3)(E)(iv)(I) is amended by
striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to amounts paid or accrued after December 31, 2017.
SEC. 103. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR.
(a) I
N
G
ENERAL
.—Section 213(f) is amended to read as follows:
‘‘(f) T
EMPORARY
S
PECIAL
R
ULE
.—In the case of taxable years
beginning before January 1, 2021, subsection (a) shall be applied
with respect to a taxpayer by substituting ‘7.5 percent’ for ‘10
percent’.’’.
(b) A
LTERNATIVE
M
INIMUM
T
AX
.—Section 56(b)(1) is amended
by striking subparagraph (B) and by redesignating subparagraphs
(C), (D), (E), and (F), as subparagraphs (B), (C), (D), and (E),
respectively.
(c) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to taxable years ending after December 31, 2018.
SEC. 104. DEDUCTION OF QUALIFIED TUITION AND RELATED
EXPENSES.
(a) I
N
G
ENERAL
.—Section 222(e) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2017.
SEC. 105. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.
(a) I
N
G
ENERAL
.—Section 4121(e)(2)(A) is amended by striking
‘‘December 31, 2018’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply on and after the first day of the first calendar month
beginning after the date of the enactment of this Act.
Subtitle B—Incentives for Employment,
Economic Growth, and Community De-
velopment
SEC. 111. INDIAN EMPLOYMENT CREDIT.
(a) I
N
G
ENERAL
.—Section 45A(f) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2017.
SEC. 112. RAILROAD TRACK MAINTENANCE CREDIT.
(a) I
N
G
ENERAL
.—Section 45G(f) is amended by striking
‘‘January 1, 2018’’ and inserting ‘‘January 1, 2023’’.
(b) S
AFE
H
ARBOR
A
SSIGNMENTS
.—Any assignment, including
related expenditures paid or incurred, under section 45G(b)(2) of
the Internal Revenue Code of 1986 for a taxable year beginning
on or after January 1, 2018, and ending before January 1, 2020,
shall be treated as effective as of the close of such taxable year
Time period.
Deadline.
26 USC 45G
note.
26 USC 45A note.
26 USC 4121
note.
26 USC 222 note.
26 USC 56 note.
Effective date.
Applicability.
26 USC 163 note.
26 USC 163.
26 USC 108 note.
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133 STAT. 3229 PUBLIC LAW 116–94—DEC. 20, 2019
if made pursuant to a written agreement entered into no later
than 90 days following the date of the enactment of this Act.
(c) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to expenditures paid or incurred during taxable years
beginning after December 31, 2017.
SEC. 113. MINE RESCUE TEAM TRAINING CREDIT.
(a) I
N
G
ENERAL
.—Section 45N(e) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2017.
SEC. 114. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR
PROPERTY.
(a) I
N
G
ENERAL
.—Section 168(e)(3)(A)(i) is amended—
(1) by striking ‘‘January 1, 2018’’ in subclause (I) and
inserting ‘‘January 1, 2021’’, and
(2) by striking ‘‘December 31, 2017’’ in subclause (II) and
inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to property placed in service after December 31, 2017.
SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAIN-
MENT COMPLEXES.
(a) I
N
G
ENERAL
.—Section 168(i)(15)(D) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to property placed in service after December 31, 2017.
SEC. 116. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY
ON INDIAN RESERVATIONS.
(a) I
N
G
ENERAL
.—Section 168(j)(9) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to property placed in service after December 31, 2017.
SEC. 117. EXPENSING RULES FOR CERTAIN PRODUCTIONS.
(a) I
N
G
ENERAL
.—Section 181(g) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to productions commencing after December 31, 2017.
SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES.
(a) I
N
G
ENERAL
.—Section 1391(d)(1)(A)(i) is amended by
striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) T
REATMENT OF
C
ERTAIN
T
ERMINATION
D
ATES
S
PECIFIED IN
N
OMINATIONS
.—In the case of a designation of an empowerment
zone the nomination for which included a termination date which
is contemporaneous with the date specified in subparagraph (A)(i)
of section 1391(d)(1) of the Internal Revenue Code of 1986 (as
in effect before the enactment of this Act), subparagraph (B) of
such section shall not apply with respect to such designation if,
after the date of the enactment of this section, the entity which
made such nomination amends the nomination to provide for a
new termination date in such manner as the Secretary of the
Treasury (or the Secretary’s designee) may provide.
(c) E
FFECTIVE
D
ATE
.—The amendment made by subsection (a)
shall apply to taxable years beginning after December 31, 2017.
26 USC 1391
note.
26 USC 1391
note.
26 USC 181 note.
26 USC 168 note.
26 USC 168 note.
26 USC 168 note.
26 USC 45N
note.
26 USC 45N.
26 USC 45G
note.
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133 STAT. 3230 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 119. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
(a) I
N
G
ENERAL
.—Section 119(d) of division A of the Tax Relief
and Health Care Act of 2006 is amended—
(1) by striking ‘‘January 1, 2018’’ each place it appears
and inserting ‘‘January 1, 2021’’,
(2) by striking ‘‘first 12 taxable years’’ in paragraph (1)
and inserting ‘‘first 15 taxable years’’,
(3) by striking ‘‘first 6 taxable years’’ in paragraph (2)
and inserting ‘‘first 9 taxable years’’, and
(4) by adding at the end the following flush sentence:
‘‘In the case of a corporation described in subsection (a)(2), the
Internal Revenue Code of 1986 shall be applied and administered
without regard to the amendments made by section 401(d)(1) of
the Tax Technical Corrections Act of 2018.’’.
(b) C
ONFORMING
A
MENDMENT
.—Section 119(e) of division A of
the Tax Relief and Health Care Act of 2006 is amended by inserting
‘‘(as in effect before its repeal)’’ after ‘‘section 199 of the Internal
Revenue Code of 1986’’.
(c) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2017.
Subtitle C—Incentives for Energy Produc-
tion, Efficiency, and Green Economy
Jobs
SEC. 121. BIODIESEL AND RENEWABLE DIESEL.
(a) I
NCOME
T
AX
C
REDIT
.—
(1) I
N GENERAL
.—Section 40A(g) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2022’’.
(2) E
FFECTIVE DATE
.—The amendment made by this sub-
section shall apply to fuel sold or used after December 31,
2017.
(b) E
XCISE
T
AX
I
NCENTIVES
.—
(1) T
ERMINATION
.—
(A) I
N GENERAL
.—Section 6426(c)(6) is amended by
striking ‘‘December 31, 2017’’ and inserting ‘‘December 31,
2022’’.
(B) P
AYMENTS
.—Section 6427(e)(6)(B) is amended by
striking ‘‘December 31, 2017’’ and inserting ‘‘December 31,
2022’’.
(2) E
FFECTIVE DATE
.—The amendments made by this sub-
section shall apply to fuel sold or used after December 31,
2017.
(3) S
PECIAL RULE
.—Notwithstanding any other provision
of law, in the case of any biodiesel mixture credit properly
determined under section 6426(c) of the Internal Revenue Code
of 1986 for the period beginning on January 1, 2018, and
ending with the close of the last calendar quarter beginning
before the date of the enactment of this Act, such credit shall
be allowed, and any refund or payment attributable to such
credit (including any payment under section 6427(e) of such
Code) shall be made, only in such manner as the Secretary
of the Treasury (or the Secretary’s delegate) shall provide.
Such Secretary shall issue guidance within 30 days after the
date of the enactment of this Act providing for a one-time
Guidance.
Time period.
Deadlines.
26 USC 6426
note.
26 USC 6426
note.
26 USC 40A note.
26 USC 40A.
26 USC 30A note.
26 USC 30A note.
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133 STAT. 3231 PUBLIC LAW 116–94—DEC. 20, 2019
submission of claims covering periods described in the preceding
sentence. Such guidance shall provide for a 180-day period
for the submission of such claims (in such manner as prescribed
by such Secretary) to begin not later than 30 days after such
guidance is issued. Such claims shall be paid by such Secretary
not later than 60 days after receipt. If such Secretary has
not paid pursuant to a claim filed under this subsection within
60 days after the date of the filing of such claim, the claim
shall be paid with interest from such date determined by using
the overpayment rate and method under section 6621 of such
Code.
SEC. 122. SECOND GENERATION BIOFUEL PRODUCER CREDIT.
(a) I
N
G
ENERAL
.—Section 40(b)(6)(J)(i) is amended by striking
‘‘January 1, 2018’’ and inserting ‘‘January 1, 2021’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to qualified second generation biofuel production after
December 31, 2017.
SEC. 123. NONBUSINESS ENERGY PROPERTY.
(a) I
N
G
ENERAL
.—Section 25C(g)(2) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) T
ECHNICAL
A
MENDMENT
.—Section 25C(d)(3) is amended—
(1) by striking ‘‘an energy factor of at least 2.0’’ in subpara-
graph (A) and inserting ‘‘a Uniform Energy Factor of at least
2.2’’, and
(2) by striking ‘‘an energy factor’’ in subparagraph (D)
and inserting ‘‘a Uniform Energy Factor’’.
(c) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to property placed in service after December 31, 2017.
SEC. 124. QUALIFIED FUEL CELL MOTOR VEHICLES.
(a) I
N
G
ENERAL
.—Section 30B(k)(1) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to property purchased after December 31, 2017.
SEC. 125. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
(a) I
N
G
ENERAL
.—Section 30C(g) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to property placed in service after December 31, 2017.
SEC. 126. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.
(a) I
N
G
ENERAL
.—Section 30D(g)(3)(E)(ii) is amended by
striking ‘‘January 1, 2018’’ and inserting ‘‘January 1, 2021’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to vehicles acquired after December 31, 2017.
SEC. 127. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
RENEWABLE RESOURCES.
(a) I
N
G
ENERAL
.—The following provisions of section 45(d) are
each amended by striking ‘‘January 1, 2018’’ each place it appears
and inserting ‘‘January 1, 2021’’:
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (4)(B).
(4) Paragraph (6).
(5) Paragraph (7).
26 USC 30D
note.
26 USC 30C note.
26 USC 30B note.
26 USC 25C note.
26 USC 40 note.
Time period.
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133 STAT. 3232 PUBLIC LAW 116–94—DEC. 20, 2019
(6) Paragraph (9).
(7) Paragraph (11)(B).
(b) E
XTENSION OF
E
LECTION TO
T
REAT
Q
UALIFIED
F
ACILITIES
AS
E
NERGY
P
ROPERTY
.—Section 48(a)(5)(C)(ii) is amended by
striking ‘‘January 1, 2018 (January 1, 2020, in the case of any
facility which is described in paragraph (1) of section 45(d))’’ and
inserting ‘‘January 1, 2021’’.
(c) A
PPLICATION OF
E
XTENSION TO
W
IND
F
ACILITIES
.—
(1) I
N GENERAL
.—Section 45(d)(1) is amended by striking
‘‘January 1, 2020’’ and inserting ‘‘January 1, 2021’’.
(2) A
PPLICATION OF PHASEOUT PERCENTAGE
.—
(A) I
N GENERAL
.—Section 45(b)(5) is amended by
striking ‘‘and’’ at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting
‘‘, and’’, and by adding at the end the following new
subparagraph:
‘‘(D) in the case of any facility the construction of
which begins after December 31, 2019, and before January
1, 2021, 40 percent.’’.
(B) T
REATMENT AS ENERGY PROPERTY
.—Section
48(a)(5)(E) is amended by striking ‘‘and’’ at the end of
clause (ii), by striking the period at the end of clause
(iii) and inserting ‘‘, and’’, and by adding at the end the
following new clause:
‘‘(iv) in the case of any facility the construction
of which begins after December 31, 2019, and before
January 1, 2021, 40 percent.’’.
(d) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall take effect on January 1, 2018.
SEC. 128. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.
(a) I
N
G
ENERAL
.—Section 45(e)(10)(A) is amended by striking
‘‘12-year period’’ each place it appears and inserting ‘‘15-year
period’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to coal produced after December 31, 2017.
SEC. 129. ENERGY EFFICIENT HOMES CREDIT.
(a) I
N
G
ENERAL
.—Section 45L(g) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to homes acquired after December 31, 2017.
SEC. 130. SPECIAL ALLOWANCE FOR SECOND GENERATION BIOFUEL
PLANT PROPERTY.
(a) I
N
G
ENERAL
.—Section 168(l)(2)(D) is amended by striking
‘‘January 1, 2018’’ and inserting ‘‘January 1, 2021’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to property placed in service after December 31, 2017.
SEC. 131. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) I
N
G
ENERAL
.—Section 179D(h) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATES
.—The amendment made by subsection
(a) shall apply to property placed in service after December 31,
2017.
26 USC 179D
note.
26 USC 168 note.
26 USC 45L note.
26 USC 45 note.
26 USC 45 note.
Time periods.
26 USC 48.
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133 STAT. 3233 PUBLIC LAW 116–94—DEC. 20, 2019
SEC. 132. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT
FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR
QUALIFIED ELECTRIC UTILITIES.
(a) I
N
G
ENERAL
.—Section 451(k)(3) is amended by striking
‘‘January 1, 2018’’ and inserting ‘‘January 1, 2021’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to dispositions after December 31, 2017.
SEC. 133. EXTENSION AND CLARIFICATION OF EXCISE TAX CREDITS
RELATING TO ALTERNATIVE FUELS.
(a) E
XTENSION
.—
(1) I
N GENERAL
.—Sections 6426(d)(5) and 6426(e)(3) are
each amended by striking ‘‘December 31, 2017’’ and inserting
‘‘December 31, 2020’’.
(2) O
UTLAY PAYMENTS FOR ALTERNATIVE FUELS
.—Section
6427(e)(6)(C) is amended by striking ‘‘December 31, 2017’’ and
inserting ‘‘December 31, 2020’’.
(3) S
PECIAL RULE
.—Notwithstanding any other provision
of law, in the case of any alternative fuel credit properly deter-
mined under section 6426(d) of the Internal Revenue Code
of 1986 for the period beginning on January 1, 2018, and
ending with the close of the last calendar quarter beginning
before the date of the enactment of this Act, such credit shall
be allowed, and any refund or payment attributable to such
credit (including any payment under section 6427(e) of such
Code) shall be made, only in such manner as the Secretary
of the Treasury (or the Secretary’s delegate) shall provide.
Such Secretary shall issue guidance within 30 days after the
date of the enactment of this Act providing for a one-time
submission of claims covering periods described in the preceding
sentence. Such guidance shall provide for a 180-day period
for the submission of such claims (in such manner as prescribed
by such Secretary) to begin not later than 30 days after such
guidance is issued. Such claims shall be paid by such Secretary
not later than 60 days after receipt. If such Secretary has
not paid pursuant to a claim filed under this subsection within
60 days after the date of the filing of such claim, the claim
shall be paid with interest from such date determined by using
the overpayment rate and method under section 6621 of such
Code.
(4) E
FFECTIVE DATE
.—The amendments made by this sub-
section shall apply to fuel sold or used after December 31,
2017.
(b) C
LARIFICATION OF
R
ULES
R
EGARDING
A
LTERNATIVE
F
UEL
M
IXTURE
C
REDIT
.—
(1) I
N GENERAL
.—Paragraph (2) of section 6426(e) is
amended by striking ‘‘mixture of alternative fuel’’ and inserting
‘‘mixture of alternative fuel (other than a fuel described in
subparagraph (A), (C), or (F) of subsection (d)(2))’’.
(2) E
FFECTIVE DATE
.—The amendment made by this sub-
section shall apply to—
(A) fuel sold or used on or after the date of the enact-
ment of this Act, and
(B) fuel sold or used before such date of enactment,
but only to the extent that claims for the credit under
section 6426(e) of the Internal Revenue Code of 1986 with
respect to such sale or use—
26 USC 6426
note.
26 USC 6426
note.
Time period.
Guidance.
Time period.
Deadlines.
26 USC 6426
note.
26 USC 451 note.
26 USC 451.
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133 STAT. 3234 PUBLIC LAW 116–94—DEC. 20, 2019
(i) have not been paid or allowed as of such date,
and
(ii) were made on or after January 8, 2018.
(3) N
O INFERENCE
.—Nothing contained in this subsection
or the amendments made by this subsection shall be construed
to create any inference as to a change in law or guidance
in effect prior to enactment of this subsection.
SEC. 134. OIL SPILL LIABILITY TRUST FUND RATE.
(a) I
N
G
ENERAL
.—Section 4611(f)(2) is amended by striking
‘‘December 31, 2018’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply on and after the first day of the first calendar month
beginning after the date of the enactment of this Act.
Subtitle D—Certain Provisions Expiring at
the End of 2019
SEC. 141. NEW MARKETS TAX CREDIT.
(a) I
N
G
ENERAL
.—Section 45D(f)(1) is amended by striking
‘‘and’’ at the end of subparagraph (F), by striking the period at
the end of subparagraph (G) and inserting ‘‘, and’’, and by adding
at the end the following new subparagraph:
‘‘(H) $5,000,000,000 for 2020.’’.
(b) C
ARRYOVER OF
U
NUSED
L
IMITATION
.—Section 45D(f)(3) is
amended by striking ‘‘2024’’ and inserting ‘‘2025’’.
(c) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to calendar years beginning after December 31, 2019.
SEC. 142. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
(a) I
N
G
ENERAL
.—Section 45S(i) is amended by striking
‘‘December 31, 2019’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to wages paid in taxable years beginning after December
31, 2019.
SEC. 143. WORK OPPORTUNITY CREDIT.
(a) I
N
G
ENERAL
.—Section 51(c)(4) is amended by striking
‘‘December 31, 2019’’ and inserting ‘‘December 31, 2020’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to individuals who begin work for the employer after
December 31, 2019.
SEC. 144. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND DIS-
TILLED SPIRITS.
(a) E
XEMPTION FOR
A
GING
P
ROCESS OF
B
EER
, W
INE
,
AND
D
IS
-
TILLED
S
PIRITS
.—
(1) I
N GENERAL
.—Section 263A(f)(4)(B) is amended by
striking ‘‘December 31, 2019’’ and inserting ‘‘December 31,
2020’’.
(2) E
FFECTIVE DATE
.—The amendment made by this sub-
section shall apply to interest costs paid or accrued after
December 31, 2019.
(b) R
EDUCED
R
ATE OF
E
XCISE
T
AX ON
B
EER
.—
(1) I
N GENERAL
.—Paragraphs (1)(C) and (2)(A) of section
5051(a) are each amended by striking ‘‘January 1, 2020’’ and
inserting ‘‘January 1, 2021’’.
26 USC 263A
note.
26 USC 51 note.
26 USC 45S note.
26 USC 45D
note.
26 USC 4611
note.
26 USC 4611.
26 USC 6426
note.
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133 STAT. 3235 PUBLIC LAW 116–94—DEC. 20, 2019
(2) E
FFECTIVE DATE
.—The amendments made by this sub-
section shall apply to beer removed after December 31, 2019.
(c) T
RANSFER OF
B
EER
B
ETWEEN
B
ONDED
F
ACILITIES
.—
(1) I
N GENERAL
.—Section 5414(b)(3) is amended by striking
‘‘December 31, 2019’’ and inserting ‘‘December 31, 2020’’.
(2) E
FFECTIVE DATE
.—The amendment made by this sub-
section shall apply to calendar quarters beginning after
December 31, 2019.
(d) R
EDUCED
R
ATE OF
E
XCISE
T
AX ON
C
ERTAIN
W
INE
.—
(1) I
N GENERAL
.—Section 5041(c)(8)(A) is amended by
striking ‘‘January 1, 2020’’ and inserting ‘‘January 1, 2021’’.
(2) C
ONFORMING AMENDMENT
.—The heading of section
5041(c)(8) is amended by striking ‘‘S
PECIAL RULE FOR
2018
AND
2019’’ and inserting ‘‘T
EMPORARY SPECIAL RULE
’’.
(3) E
FFECTIVE DATE
.—The amendments made by this sub-
section shall apply to wine removed after December 31, 2019.
(e) A
DJUSTMENT OF
A
LCOHOL
C
ONTENT
L
EVEL FOR
A
PPLICATION
OF
E
XCISE
T
AXES
.—
(1) I
N GENERAL
.—Paragraphs (1) and (2) of section 5041(b)
are each amended by striking ‘‘January 1, 2020’’ and inserting
‘‘January 1, 2021’’.
(2) E
FFECTIVE DATE
.—The amendments made by this sub-
section shall apply to wine removed after December 31, 2019.
(f) D
EFINITION OF
M
EAD AND
L
OW
A
LCOHOL BY
V
OLUME
W
INE
.—
(1) I
N GENERAL
.—Section 5041(h)(3) is amended by striking
‘‘December 31, 2019’’ and inserting ‘‘December 31, 2020’’.
(2) E
FFECTIVE DATE
.—The amendment made by this sub-
section shall apply to wine removed after December 31, 2019.
(g) R
EDUCED
R
ATE OF
E
XCISE
T
AX ON
C
ERTAIN
D
ISTILLED
S
PIRITS
.—
(1) I
N GENERAL
.—Section 5001(c)(4) is amended by striking
‘‘December 31, 2019’’ and inserting ‘‘December 31, 2020’’.
(2) C
ONFORMING AMENDMENT
.—The heading of section
5001(c) is amended by striking ‘‘R
EDUCED
R
ATE FOR
2018
AND
2019’’ and inserting ‘‘T
EMPORARY
R
EDUCED
R
ATE
’’.
(3) E
FFECTIVE DATE
.—The amendments made by this sub-
section shall apply to distilled spirits removed after December
31, 2019.
(h) B
ULK
D
ISTILLED
S
PIRITS
.—
(1) I
N GENERAL
.—Section 5212 is amended by striking
‘‘January 1, 2020’’ and inserting ‘‘January 1, 2021’’.
(2) E
FFECTIVE DATE
.—The amendment made by this sub-
section shall apply to distilled spirits transferred in bond after
December 31, 2019.
(i) S
IMPLIFICATION OF
R
ULES
R
EGARDING
R
ECORDS
, S
TATE
-
MENTS
,
AND
R
ETURNS
.—
(1) I
N GENERAL
.—Section 5555(a) is amended by striking
‘‘January 1, 2020’’ and inserting ‘‘January 1, 2021’’.
(2) E
FFECTIVE DATE
.—The amendment made by this sub-
section shall apply to calendar quarters beginning after
December 31, 2019.
(j) T
ECHNICAL
C
ORRECTION
.—
(1) I
N GENERAL
.—Section 5041(c)(8) is amended by adding
at the end the following new subparagraph:
‘‘(C) A
PPLICATION OF CERTAIN RULES
.—Paragraphs (3)
and (6) shall be applied by substituting ‘paragraph (1)
or (8)’ for ‘paragraph (1)’ each place it appears therein.’’.
26 USC 5555
note.
26 USC 5212
note.
26 USC 5001
note.
26 USC 5041
note.
26 USC 5041
note.
26 USC 5041
note.
26 USC 5414
note.
26 USC 5414.
26 USC 5051
note.
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133 STAT. 3236 PUBLIC LAW 116–94—DEC. 20, 2019
(2) E
FFECTIVE DATE
.—The amendment made by this sub-
section shall take effect as if included in section 13804 of
Public Law 115-97.
SEC. 145. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN
CORPORATIONS.
(a) I
N
G
ENERAL
.—Section 954(c)(6)(C) is amended by striking
‘‘January 1, 2020’’ and inserting ‘‘January 1, 2021’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to taxable years of foreign corporations beginning after
December 31, 2019, and to taxable years of United States share-
holders with or within which such taxable years of foreign corpora-
tions end.
SEC. 146. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE
INDIVIDUALS.
(a) I
N
G
ENERAL
.—Section 35(b)(1)(B) is amended by striking
‘‘January 1, 2020’’ and inserting ‘‘January 1, 2021’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to months beginning after December 31, 2019.
TITLE II—DISASTER TAX RELIEF
SEC. 201. DEFINITIONS.
For purposes of this title—
(1) Q
UALIFIED DISASTER AREA
.—
(A) I
N GENERAL
.—The term ‘‘qualified disaster area’’
means any area with respect to which a major disaster
was declared, during the period beginning on January 1,
2018, and ending on the date which is 60 days after the
date of the enactment of this Act, by the President under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act if the incident period of the
disaster with respect to which such declaration is made
begins on or before the date of the enactment of this
Act.
(B) D
ENIAL OF DOUBLE BENEFIT
.—Such term shall not
include the California wildfire disaster area (as defined
in section 20101 of subdivision 2 of division B of the Bipar-
tisan Budget Act of 2018).
(2) Q
UALIFIED DISASTER ZONE
.—The term ‘‘qualified dis-
aster zone’’ means that portion of any qualified disaster area
which was determined by the President, during the period
beginning on January 1, 2018, and ending on the date which
is 60 days after the date of the enactment of this Act, to
warrant individual or individual and public assistance from
the Federal Government under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act by reason of the qualified
disaster with respect to such disaster area.
(3) Q
UALIFIED DISASTER
.—The term ‘‘qualified disaster’’
means, with respect to any qualified disaster area, the disaster
by reason of which a major disaster was declared with respect
to such area.
(4) I
NCIDENT PERIOD
.—The term ‘‘incident period’’ means,
with respect to any qualified disaster, the period specified by
the Federal Emergency Management Agency as the period
during which such disaster occurred (except that for purposes
Time period.
Time period.
Time period.
26 USC 35 note.
26 USC 954 note.
26 USC 954.
26 USC 5041
note.
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133 STAT. 3237 PUBLIC LAW 116–94—DEC. 20, 2019
of this title such period shall not be treated as beginning
before January 1, 2018, or ending after the date which is
30 days after the date of the enactment of this Act).
SEC. 202. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIRE-
MENT FUNDS.
(a) T
AX
-
FAVORED
W
ITHDRAWALS
F
ROM
R
ETIREMENT
P
LANS
.—
(1) I
N GENERAL
.—Section 72(t) of the Internal Revenue
Code of 1986 shall not apply to any qualified disaster distribu-
tion.
(2) A
GGREGATE DOLLAR LIMITATION
.—
(A) I
N GENERAL
.—For purposes of this subsection, the
aggregate amount of distributions received by an individual
which may be treated as qualified disaster distributions
for any taxable year shall not exceed the excess (if any)
of—
(i) $100,000, over
(ii) the aggregate amounts treated as qualified dis-
aster distributions received by such individual for all
prior taxable years.
(B) T
REATMENT OF PLAN DISTRIBUTIONS
.—If a distribu-
tion to an individual would (without regard to subpara-
graph (A)) be a qualified disaster distribution, a plan shall
not be treated as violating any requirement of the Internal
Revenue Code of 1986 merely because the plan treats such
distribution as a qualified disaster distribution, unless the
aggregate amount of such distributions from all plans main-
tained by the employer (and any member of any controlled
group which includes the employer) to such individual
exceeds $100,000.
(C) C
ONTROLLED GROUP
.—For purposes of subpara-
graph (B), the term ‘‘controlled group’’ means any group
treated as a single employer under subsection (b), (c), (m),
or (o) of section 414 of the Internal Revenue Code of 1986.
(D) S
PECIAL RULE FOR INDIVIDUALS AFFECTED BY MORE
THAN ONE DISASTER
.—The limitation of subparagraph (A)
shall be applied separately with respect to distributions
made with respect to each qualified disaster.
(3) A
MOUNT DISTRIBUTED MAY BE REPAID
.—
(A) I
N GENERAL
.—Any individual who receives a quali-
fied disaster distribution may, at any time during the 3-
year period beginning on the day after the date on which
such distribution was received, make 1 or more contribu-
tions in an aggregate amount not to exceed the amount
of such distribution to an eligible retirement plan of which
such individual is a beneficiary and to which a rollover
contribution of such distribution could be made under sec-
tion 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16),
of the Internal Revenue Code of 1986, as the case may
be.
(B) T
REATMENT OF REPAYMENTS OF DISTRIBUTIONS
FROM ELIGIBLE RETIREMENT PLANS OTHER THAN IRAS
.—For
purposes of the Internal Revenue Code of 1986, if a con-
tribution is made pursuant to subparagraph (A) with
respect to a qualified disaster distribution from an eligible
retirement plan other than an individual retirement plan,
then the taxpayer shall, to the extent of the amount of
Time period.
Deadlines.
Applicability.
Definition.
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133 STAT. 3238 PUBLIC LAW 116–94—DEC. 20, 2019
the contribution, be treated as having received the qualified
disaster distribution in an eligible rollover distribution (as
defined in section 402(c)(4) of such Code) and as having
transferred the amount to the eligible retirement plan in
a direct trustee to trustee transfer within 60 days of the
distribution.
(C) T
REATMENT OF REPAYMENTS OF DISTRIBUTIONS
FROM IRAS
.—For purposes of the Internal Revenue Code
of 1986, if a contribution is made pursuant to subparagraph
(A) with respect to a qualified disaster distribution from
an individual retirement plan (as defined by section
7701(a)(37) of such Code), then, to the extent of the amount
of the contribution, the qualified disaster distribution shall
be treated as a distribution described in section 408(d)(3)
of such Code and as having been transferred to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) D
EFINITIONS
.—For purposes of this subsection—
(A) Q
UALIFIED DISASTER DISTRIBUTION
.—Except as pro-
vided in paragraph (2), the term ‘‘qualified disaster dis-
tribution’’ means any distribution from an eligible retire-
ment plan made—
(i) on or after the first day of the incident period
of a qualified disaster and before the date which is
180 days after the date of the enactment of this Act,
and
(ii) to an individual whose principal place of abode
at any time during the incident period of such qualified
disaster is located in the qualified disaster area with
respect to such qualified disaster and who has sus-
tained an economic loss by reason of such qualified
disaster.
(B) E
LIGIBLE RETIREMENT PLAN
.—The term ‘‘eligible
retirement plan’’ shall have the meaning given such term
by section 402(c)(8)(B) of the Internal Revenue Code of
1986.
(5) I
NCOME INCLUSION SPREAD OVER 3
-
YEAR PERIOD
.—
(A) I
N GENERAL
.—In the case of any qualified disaster
distribution, unless the taxpayer elects not to have this
paragraph apply for any taxable year, any amount required
to be included in gross income for such taxable year shall
be so included ratably over the 3-taxable-year period begin-
ning with such taxable year.
(B) S
PECIAL RULE
.—For purposes of subparagraph (A),
rules similar to the rules of subparagraph (E) of section
408A(d)(3) of the Internal Revenue Code of 1986 shall
apply.
(6) S
PECIAL RULES
.—
(A) E
XEMPTION OF DISTRIBUTIONS FROM TRUSTEE TO
TRUSTEE TRANSFER AND WITHHOLDING RULES
.—For pur-
poses of sections 401(a)(31), 402(f), and 3405 of the Internal
Revenue Code of 1986, qualified disaster distributions shall
not be treated as eligible rollover distributions.
(B) Q
UALIFIED DISASTER DISTRIBUTIONS TREATED AS
MEETING PLAN DISTRIBUTION REQUIREMENTS
.—For purposes
the Internal Revenue Code of 1986, a qualified disaster
distribution shall be treated as meeting the requirements
Applicability.
Time period.
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133 STAT. 3239 PUBLIC LAW 116–94—DEC. 20, 2019
of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and
457(d)(1)(A) of such Code.
(b) R
ECONTRIBUTIONS OF
W
ITHDRAWALS FOR
H
OME
P
UR
-
CHASES
.—
(1) R
ECONTRIBUTIONS
.—
(A) I
N GENERAL
.—Any individual who received a quali-
fied distribution may, during the applicable period, make
1 or more contributions in an aggregate amount not to
exceed the amount of such qualified distribution to an
eligible retirement plan (as defined in section 402(c)(8)(B)
of the Internal Revenue Code of 1986) of which such indi-
vidual is a beneficiary and to which a rollover contribution
of such distribution could be made under section 402(c),
403(a)(4), 403(b)(8), or 408(d)(3), of such Code, as the case
may be.
(B) T
REATMENT OF REPAYMENTS
.—Rules similar to the
rules of subparagraphs (B) and (C) of subsection (a)(3)
shall apply for purposes of this subsection.
(2) Q
UALIFIED DISTRIBUTION
.—For purposes of this sub-
section, the term ‘‘qualified distribution’’ means any distribu-
tion—
(A) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(ii) (but only to the extent such distribution
relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F),
of the Internal Revenue Code of 1986,
(B) which was to be used to purchase or construct
a principal residence in a qualified disaster area, but which
was not so used on account of the qualified disaster with
respect to such area, and
(C) which was received during the period beginning
on the date which is 180 days before the first day of
the incident period of such qualified disaster and ending
on the date which is 30 days after the last day of such
incident period.
(3) A
PPLICABLE PERIOD
.—For purposes of this subsection,
the term ‘‘applicable period’’ means, in the case of a principal
residence in a qualified disaster area with respect to any quali-
fied disaster, the period beginning on the first day of the
incident period of such qualified disaster and ending on the
date which is 180 days after the date of the enactment of
this Act.
(c) L
OANS
F
ROM
Q
UALIFIED
P
LANS
.—
(1) I
NCREASE IN LIMIT ON LOANS NOT TREATED AS DISTRIBU
-
TIONS
.—In the case of any loan from a qualified employer
plan (as defined under section 72(p)(4) of the Internal Revenue
Code of 1986) to a qualified individual made during the 180-
day period beginning on the date of the enactment of this
Act—
(A) clause (i) of section 72(p)(2)(A) of such Code shall
be applied by substituting ‘‘$100,000’’ for ‘‘$50,000’’, and
(B) clause (ii) of such section shall be applied by sub-
stituting ‘‘the present value of the nonforfeitable accrued
benefit of the employee under the plan’’ for ‘‘one-half of
the present value of the nonforfeitable accrued benefit of
the employee under the plan’’.
Time periods.
Time period.
Applicability.
Definitions.
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133 STAT. 3240 PUBLIC LAW 116–94—DEC. 20, 2019
(2) D
ELAY OF REPAYMENT
.—In the case of a qualified indi-
vidual (with respect to any qualified disaster) with an out-
standing loan (on or after the first day of the incident period
of such qualified disaster) from a qualified employer plan (as
defined in section 72(p)(4) of the Internal Revenue Code of
1986)—
(A) if the due date pursuant to subparagraph (B) or
(C) of section 72(p)(2) of such Code for any repayment
with respect to such loan occurs during the period begin-
ning on the first day of the incident period of such qualified
disaster and ending on the date which is 180 days after
the last day of such incident period, such due date shall
be delayed for 1 year (or, if later, until the date which
is 180 days after the date of the enactment of this Act),
(B) any subsequent repayments with respect to any
such loan shall be appropriately adjusted to reflect the
delay in the due date under subparagraph (A) and any
interest accruing during such delay, and
(C) in determining the 5-year period and the term
of a loan under subparagraph (B) or (C) of section 72(p)(2)
of such Code, the period described in subparagraph (A)
of this paragraph shall be disregarded.
(3) Q
UALIFIED INDIVIDUAL
.—For purposes of this subsection,
the term ‘‘qualified individual’’ means any individual—
(A) whose principal place of abode at any time during
the incident period of any qualified disaster is located
in the qualified disaster area with respect to such qualified
disaster, and
(B) who has sustained an economic loss by reason
of such qualified disaster.
(d) P
ROVISIONS
R
ELATING TO
P
LAN
A
MENDMENTS
.—
(1) I
N GENERAL
.—If this subsection applies to any amend-
ment to any plan or annuity contract, such plan or contract
shall be treated as being operated in accordance with the terms
of the plan during the period described in paragraph (2)(B)(i).
(2) A
MENDMENTS TO WHICH SUBSECTION APPLIES
.—
(A) I
N GENERAL
.—This subsection shall apply to any
amendment to any plan or annuity contract which is
made—
(i) pursuant to any provision of this section, or
pursuant to any regulation issued by the Secretary
or the Secretary of Labor under any provision of this
section, and
(ii) on or before the last day of the first plan
year beginning on or after January 1, 2020, or such
later date as the Secretary may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), clause (ii)
shall be applied by substituting the date which is 2 years
after the date otherwise applied under clause (ii).
(B) C
ONDITIONS
.—This subsection shall not apply to
any amendment unless—
(i) during the period—
(I) beginning on the date that this section
or the regulation described in subparagraph (A)(i)
takes effect (or in the case of a plan or contract
amendment not required by this section or such
Time period.
Effective date.
Definition.
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133 STAT. 3241 PUBLIC LAW 116–94—DEC. 20, 2019
regulation, the effective date specified by the plan),
and
(II) ending on the date described in subpara-
graph (A)(ii) (or, if earlier, the date the plan or
contract amendment is adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect, and
(ii) such plan or contract amendment applies retro-
actively for such period.
SEC. 203. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED
BY QUALIFIED DISASTERS.
(a) I
N
G
ENERAL
.—For purposes of section 38 of the Internal
Revenue Code of 1986, in the case of an eligible employer, the
2018 through 2019 qualified disaster employee retention credit shall
be treated as a credit listed at the end of subsection (b) of such
section. For purposes of this subsection, the 2018 through 2019
qualified disaster employee retention credit for any taxable year
is an amount equal to 40 percent of the qualified wages with
respect to each eligible employee of such employer for such taxable
year. The amount of qualified wages with respect to any employee
which may be taken into account under this subsection by the
employer for any taxable year shall not exceed $6,000 (reduced
by the amount of qualified wages with respect to such employee
which may be so taken into account for any prior taxable year).
(b) D
EFINITIONS
.—For purposes of this section—
(1) E
LIGIBLE EMPLOYER
.—The term ‘‘eligible employer’’
means any employer—
(A) which conducted an active trade or business in
a qualified disaster zone at any time during the incident
period of the qualified disaster with respect to such quali-
fied disaster zone, and
(B) with respect to whom the trade or business
described in subparagraph (A) is inoperable at any time
during the period beginning on the first day of the incident
period of such qualified disaster and ending on the date
of the enactment of this Act, as a result of damage sus-
tained by reason of such qualified disaster.
(2) E
LIGIBLE EMPLOYEE
.—The term ‘‘eligible employee’’
means with respect to an eligible employer an employee whose
principal place of employment with such eligible employer
(determined immediately before the qualified disaster referred
to in paragraph (1)) was in the qualified disaster zone referred
to in such paragraph.
(3) Q
UALIFIED WAGES
.—The term ‘‘qualified wages’’ means
wages (as defined in section 51(c)(1) of the Internal Revenue
Code of 1986, but without regard to section 3306(b)(2)(B) of
such Code) paid or incurred by an eligible employer with respect
to an eligible employee at any time on or after the date on
which the trade or business described in paragraph (1) first
became inoperable at the principal place of employment of
the employee (determined immediately before the qualified dis-
aster referred to in such paragraph) and before the earlier
of—
(A) the date on which such trade or business has
resumed significant operations at such principal place of
employment, or
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133 STAT. 3242 PUBLIC LAW 116–94—DEC. 20, 2019
(B) the date which 150 days after the last day of
the incident period of the qualified disaster referred to
in paragraph (1).
Such term shall include wages paid without regard to whether
the employee performs no services, performs services at a dif-
ferent place of employment than such principal place of employ-
ment, or performs services at such principal place of employ-
ment before significant operations have resumed.
(c) C
ERTAIN
R
ULES TO
A
PPLY
.—For purposes of this section,
rules similar to the rules of sections 51(i)(1), 52, and 280C(a),
of the Internal Revenue Code of 1986, shall apply.
(d) E
MPLOYEE
N
OT
T
AKEN
I
NTO
A
CCOUNT
M
ORE
T
HAN
O
NCE
.—
An employee shall not be treated as an eligible employee for pur-
poses of this section for any period with respect to any employer
if such employer is allowed a credit under section 51 of the Internal
Revenue Code of 1986 with respect to such employee for such
period.
SEC. 204. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.
(a) T
EMPORARY
I
NCREASE IN
L
IMITATION ON
Q
UALIFIED
C
ON
-
TRIBUTIONS
.—
(1) S
USPENSION OF CURRENT LIMITATION
.—Except as other-
wise provided in paragraph (2), qualified contributions shall
be disregarded in applying subsections (b) and (d) of section
170 of the Internal Revenue Code of 1986.
(2) A
PPLICATION OF INCREASED LIMITATION
.—For purposes
of section 170 of the Internal Revenue Code of 1986—
(A) I
NDIVIDUALS
.—In the case of an individual—
(i) L
IMITATION
.—Any qualified contribution shall
be allowed as a deduction only to the extent that
the aggregate of such contributions does not exceed
the excess of the taxpayer’s contribution base (as
defined in subparagraph (H) of section 170(b)(1) of
such Code) over the amount of all other charitable
contributions allowed under section 170(b)(1) of such
Code.
(ii) C
ARRYOVER
.—If the aggregate amount of quali-
fied contributions made in the contribution year
(within the meaning of section 170(d)(1) of such Code)
exceeds the limitation of clause (i), such excess shall
be added to the excess described in section
170(b)(1)(G)(ii).
(B) C
ORPORATIONS
.—In the case of a corporation—
(i) L
IMITATION
.—Any qualified contribution shall
be allowed as a deduction only to the extent that
the aggregate of such contributions does not exceed
the excess of the taxpayer’s taxable income (as deter-
mined under paragraph (2) of section 170(b) of such
Code) over the amount of all other charitable contribu-
tions allowed under such paragraph.
(ii) C
ARRYOVER
.—If the aggregate amount of quali-
fied contributions made in the contribution year
(within the meaning of section 170(d)(2) of such Code)
exceeds the limitation of clause (i), such excess shall
be appropriately taken into account under section
170(d)(2) subject to the limitations thereof.
(3) Q
UALIFIED CONTRIBUTIONS
.—
Time period.
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133 STAT. 3243 PUBLIC LAW 116–94—DEC. 20, 2019
(A) I
N GENERAL
.—For purposes of this subsection, the
term ‘‘qualified contribution’’ means any charitable con-
tribution (as defined in section 170(c) of the Internal Rev-
enue Code of 1986) if—
(i) such contribution—
(I) is paid, during the period beginning on
January 1, 2018, and ending on the date which
is 60 days after the date of the enactment of this
Act, in cash to an organization described in section
170(b)(1)(A) of such Code, and
(II) is made for relief efforts in one or more
qualified disaster areas,
(ii) the taxpayer obtains from such organization
contemporaneous written acknowledgment (within the
meaning of section 170(f)(8) of such Code) that such
contribution was used (or is to be used) for relief efforts
described in clause (i)(II), and
(iii) the taxpayer has elected the application of
this subsection with respect to such contribution.
(B) E
XCEPTION
.—Such term shall not include a con-
tribution by a donor if the contribution is—
(i) to an organization described in section 509(a)(3)
of the Internal Revenue Code of 1986, or
(ii) for the establishment of a new, or maintenance
of an existing, donor advised fund (as defined in section
4966(d)(2) of such Code).
(C) A
PPLICATION OF ELECTION TO PARTNERSHIPS AND
S CORPORATIONS
.—In the case of a partnership or S corpora-
tion, the election under subparagraph (A)(iii) shall be made
separately by each partner or shareholder.
(b) S
PECIAL
R
ULES FOR
Q
UALIFIED
D
ISASTER
-
RELATED
P
ERSONAL
C
ASUALTY
L
OSSES
.—
(1) I
N GENERAL
.—If an individual has a net disaster loss
for any taxable year—
(A) the amount determined under section
165(h)(2)(A)(ii) of the Internal Revenue Code of 1986 shall
be equal to the sum of—
(i) such net disaster loss, and
(ii) so much of the excess referred to in the matter
preceding clause (i) of section 165(h)(2)(A) of such Code
(reduced by the amount in clause (i) of this subpara-
graph) as exceeds 10 percent of the adjusted gross
income of the individual,
(B) section 165(h)(1) of such Code shall be applied
by substituting ‘‘$500’’ for ‘‘$500 ($100 for taxable years
beginning after December 31, 2009)’’,
(C) the standard deduction determined under section
63(c) of such Code shall be increased by the net disaster
loss, and
(D) section 56(b)(1)(E) of such Code (section 56(b)(1)(D)
of such Code in the case of taxable years ending after
December 31, 2018) shall not apply to so much of the
standard deduction as is attributable to the increase under
subparagraph (C) of this paragraph.
(2) N
ET DISASTER LOSS
.—For purposes of this subsection,
the term ‘‘net disaster loss’’ means the excess of qualified dis-
aster-related personal casualty losses over personal casualty
Definitions.
Time period.
Definition.
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133 STAT. 3244 PUBLIC LAW 116–94—DEC. 20, 2019
gains (as defined in section 165(h)(3)(A) of the Internal Revenue
Code of 1986).
(3) Q
UALIFIED DISASTER
-
RELATED PERSONAL CASUALTY
LOSSES
.—For purposes of this subsection, the term ‘‘qualified
disaster-related personal casualty losses’’ means losses
described in section 165(c)(3) of the Internal Revenue Code
of 1986 which arise in a qualified disaster area on or after
the first day of the incident period of the qualified disaster
to which such area relates, and which are attributable to such
qualified disaster.
(c) S
PECIAL
R
ULE FOR
D
ETERMINING
E
ARNED
I
NCOME
.—
(1) I
N GENERAL
.—In the case of a qualified individual,
if the earned income of the taxpayer for the applicable taxable
year is less than the earned income of the taxpayer for the
preceding taxable year, the credits allowed under sections 24(d)
and 32 of the Internal Revenue Code of 1986 may, at the
election of the taxpayer, be determined by substituting—
(A) such earned income for the preceding taxable year,
for
(B) such earned income for the applicable taxable year.
(2) Q
UALIFIED INDIVIDUAL
.—For purposes of this subsection,
the term ‘‘qualified individual’’ means any individual whose
principal place of abode at any time during the incident period
of any qualified disaster was located—
(A) in the qualified disaster zone with respect to such
qualified disaster, or
(B) in the qualified disaster area with respect to such
qualified disaster (but outside the qualified disaster zone
with respect to such qualified disaster) and such individual
was displaced from such principal place of abode by reason
of such qualified disaster.
(3) A
PPLICABLE TAXABLE YEAR
.—For purposes of this sub-
section, the term ‘‘applicable taxable year’’ means—
(A) in the case of a qualified individual other than
an individual described in subparagraph (B), any taxable
year which includes any portion of the incident period
of the qualified disaster to which the qualified disaster
area referred to in paragraph (2)(A) relates, or
(B) in the case of a qualified individual described in
subparagraph (B) of paragraph (2), any taxable year which
includes any portion of the period described in such
subparagraph.
(4) E
ARNED INCOME
.—For purposes of this subsection, the
term ‘‘earned income’’ has the meaning given such term under
section 32(c) of the Internal Revenue Code of 1986.
(5) S
PECIAL RULES
.—
(A) A
PPLICATION TO JOINT RETURNS
.—For purposes of
paragraph (1), in the case of a joint return for an applicable
taxable year—
(i) such paragraph shall apply if either spouse
is a qualified individual, and
(ii) the earned income of the taxpayer for the pre-
ceding taxable year shall be the sum of the earned
income of each spouse for such preceding taxable year.
(B) U
NIFORM APPLICATION OF ELECTION
.—Any election
made under paragraph (1) shall apply with respect to both
Definitions.
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133 STAT. 3245 PUBLIC LAW 116–94—DEC. 20, 2019
sections 24(d) and 32 of the Internal Revenue Code of
1986.
(C) E
RRORS TREATED AS MATHEMATICAL ERROR
.—For
purposes of section 6213 of the Internal Revenue Code
of 1986, an incorrect use on a return of earned income
pursuant to paragraph (1) shall be treated as a mathe-
matical or clerical error.
(D) N
O EFFECT ON DETERMINATION OF GROSS INCOME
,
ETC
.—Except as otherwise provided in this subsection, the
Internal Revenue Code of 1986 shall be applied without
regard to any substitution under paragraph (1).
SEC. 205. AUTOMATIC EXTENSION OF FILING DEADLINES IN CASE OF
CERTAIN TAXPAYERS AFFECTED BY FEDERALLY
DECLARED DISASTERS.
(a) I
N
G
ENERAL
.—Section 7508A is amended by adding at the
end the following new subsection:
‘‘(d) M
ANDATORY
60-
DAY
E
XTENSION
.—
‘‘(1) I
N GENERAL
.—In the case of any qualified taxpayer,
the period—
‘‘(A) beginning on the earliest incident date specified
in the declaration to which the disaster area referred to
in paragraph (2) relates, and
‘‘(B) ending on the date which is 60 days after the
latest incident date so specified,
shall be disregarded in the same manner as a period specified
under subsection (a).
‘‘(2) Q
UALIFIED TAXPAYER
.—For purposes of this subsection,
the term ‘qualified taxpayer’ means—
‘‘(A) any individual whose principal residence (for pur-
poses of section 1033(h)(4)) is located in a disaster area,
‘‘(B) any taxpayer if the taxpayer’s principal place of
business (other than the business of performing services
as an employee) is located in a disaster area,
‘‘(C) any individual who is a relief worker affiliated
with a recognized government or philanthropic organization
and who is assisting in a disaster area,
‘‘(D) any taxpayer whose records necessary to meet
a deadline for an act described in section 7508(a)(1) are
maintained in a disaster area,
‘‘(E) any individual visiting a disaster area who was
killed or injured as a result of the disaster, and
‘‘(F) solely with respect to a joint return, any spouse
of an individual described in any preceding subparagraph
of this paragraph.
‘‘(3) D
ISASTER AREA
.—For purposes of this subsection, the
term ‘disaster area’ has the meaning given such term under
subparagraph (B) of section 165(i)(5) with respect to a Federally
declared disaster (as defined in subparagraph (A) of such sec-
tion).
‘‘(4) A
PPLICATION TO RULES REGARDING PENSIONS
.—In the
case of any person described in subsection (b), a rule similar
to the rule of paragraph (1) shall apply for purposes of sub-
section (b) with respect to—
‘‘(A) making contributions to a qualified retirement
plan (within the meaning of section 4974(c)) under section
219(f)(3), 404(a)(6), 404(h)(1)(B), or 404(m)(2),
Definition.
Definition.
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133 STAT. 3246 PUBLIC LAW 116–94—DEC. 20, 2019
‘‘(B) making distributions under section 408(d)(4),
‘‘(C) recharacterizing contributions under section
408A(d)(6), and
‘‘(D) making a rollover under section 402(c), 403(a)(4),
403(b)(8), or 408(d)(3).
‘‘(5) C
OORDINATION WITH PERIODS SPECIFIED BY THE SEC
-
RETARY
.—Any period described in paragraph (1) with respect
to any person (including by reason of the application of para-
graph (4)) shall be in addition to (or concurrent with, as the
case may be) any period specified under subsection (a) or (b)
with respect to such person.’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to federally declared disasters declared after the date
of the enactment of this Act.
SEC. 206. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX
ON INVESTMENT INCOME OF PRIVATE FOUNDATIONS.
(a) I
N
G
ENERAL
.—Section 4940(a) is amended by striking ‘‘2
percent’’ and inserting ‘‘1.39 percent’’.
(b) E
LIMINATION OF
R
EDUCED
T
AX
W
HERE
F
OUNDATION
M
EETS
C
ERTAIN
D
ISTRIBUTION
R
EQUIREMENTS
.—Section 4940 is amended
by striking subsection (e).
(c) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to taxable years beginning after the date of the enact-
ment of this Act.
SEC. 207. ADDITIONAL LOW-INCOME HOUSING CREDIT ALLOCATIONS
FOR QUALIFIED 2017 AND 2018 CALIFORNIA DISASTER
AREAS.
(a) I
N
G
ENERAL
.—For purposes of section 42 of the Internal
Revenue Code of 1986, the State housing credit ceiling for California
for calendar year 2020 shall be increased by the lesser of—
(1) the aggregate housing credit dollar amount allocated
by the State housing credit agencies of California for such
calendar year to buildings located in qualified 2017 and 2018
California disaster areas, or
(2) 50 percent of the sum of the State housing credit
ceilings for California for calendar years 2017 and 2018.
(b) A
LLOCATIONS
T
REATED AS
M
ADE
F
IRST
F
ROM
A
DDITIONAL
A
LLOCATION FOR
P
URPOSES OF
D
ETERMINING
C
ARRYOVER
.—For pur-
poses of determining the unused State housing credit ceiling for
any calendar year under section 42(h)(3)(C) of the Internal Revenue
Code of 1986, any increase in the State housing credit ceiling
under subsection (a) shall be treated as an amount described in
clause (ii) of such section.
(c) D
EFINITIONS
.—For purposes of this section—
(1) Q
UALIFIED 2017 AND 2018 CALIFORNIA DISASTER AREAS
.—
The term ‘‘qualified 2017 and 2018 California disaster areas’’
means any area in California which was determined by the
President (before January 1, 2019) to warrant individual or
individual and public assistance from the Federal Government
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act by reason of a major disaster the incident period
of which begins or ends in calendar year 2017 or 2018. Notwith-
standing section 201, for purposes of the preceding sentence,
the term ‘‘incident period’’ means the period specified by the
Federal Emergency Management Agency as the period during
which the disaster occurred.
26 USC 4940
note.
26 USC 7508A
note.
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133 STAT. 3247 PUBLIC LAW 116–94—DEC. 20, 2019
(2) O
THER DEFINITIONS
.—Terms used in this section which
are also used in section 42 of the Internal Revenue Code of
1986 shall have the same meaning in this section as in such
section 42.
SEC. 208. TREATMENT OF CERTAIN POSSESSIONS.
(a) P
AYMENTS TO
P
OSSESSIONS
W
ITH
M
IRROR
C
ODE
T
AX
S
YS
-
TEMS
.—The Secretary of the Treasury shall pay to each possession
of the United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of the applica-
tion of the provisions of this title. Such amounts shall be determined
by the Secretary of the Treasury based on information provided
by the government of the respective possession.
(b) P
AYMENTS TO
O
THER
P
OSSESSIONS
.—The Secretary of the
Treasury shall pay to each possession of the United States which
does not have a mirror code tax system amounts estimated by
the Secretary of the Treasury as being equal to the aggregate
benefits (if any) that would have been provided to residents of
such possession by reason of the provisions of this title if a mirror
code tax system had been in effect in such possession. The preceding
sentence shall not apply unless the respective possession has a
plan, which has been approved by the Secretary of the Treasury,
under which such possession will promptly distribute such pay-
ments to its residents.
(c) M
IRROR
C
ODE
T
AX
S
YSTEM
.—For purposes of this section,
the term ‘‘mirror code tax system’’ means, with respect to any
possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such posses-
sion under such system is determined by reference to the income
tax laws of the United States as if such possession were the United
States.
(d) T
REATMENT OF
P
AYMENTS
.—For purposes of section 1324
of title 31, United States Code, the payments under this section
shall be treated in the same manner as a refund due from a
credit provision referred to in subsection (b)(2) of such section.
TITLE III—OTHER PROVISIONS
SEC. 301. MODIFICATION OF INCOME FOR PURPOSES OF DETER-
MINING TAX-EXEMPT STATUS OF CERTAIN MUTUAL OR
COOPERATIVE TELEPHONE OR ELECTRIC COMPANIES.
(a) I
N
G
ENERAL
.—Section 501(c)(12) is amended by adding at
the end the following new subparagraph:
‘‘(J) In the case of a mutual or cooperative telephone
or electric company described in this paragraph, subpara-
graph (A) shall be applied without taking into account
any income received or accrued from—
‘‘(i) any grant, contribution, or assistance provided
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act or any similar grant, con-
tribution, or assistance by any local, State, or regional
governmental entity for the purpose of relief, recovery,
or restoration from, or preparation for, a disaster or
emergency, or
‘‘(ii) any grant or contribution by any governmental
entity (other than a contribution in aid of construction
Applicability.
26 USC 501.
Definition.
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133 STAT. 3248 PUBLIC LAW 116–94—DEC. 20, 2019
LEGISLATIVE HISTORY—H.R. 1865:
CONGRESSIONAL RECORD, Vol. 165 (2019):
Oct. 28, considered and passed House.
Nov. 12, considered and passed Senate, amended.
Dec. 17, House concurred in Senate amendment with an amendment. Senate
considered House amendment.
Dec. 19, Senate concurred in House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
Dec. 20, Presidential statement.
Æ
or any other contribution as a customer or potential
customer) the purpose of which is substantially related
to providing, constructing, restoring, or relocating elec-
tric, communication, broadband, internet, or other
utility facilities or services.’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2017.
SEC. 302. REPEAL OF INCREASE IN UNRELATED BUSINESS TAXABLE
INCOME FOR CERTAIN FRINGE BENEFIT EXPENSES.
(a) I
N
G
ENERAL
.—Section 512(a) is amended by striking para-
graph (7).
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall take effect as if included in the amendments made by section
13703 of Public Law 115–97.
Approved December 20, 2019.
26 USC 512 note.
26 USC 512.
26 USC 501 note.
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