Appropriations Act, 2021, H.R. 7617 — Congressional Record, House, July 30, 2020
Summary
Page H3994 of the House section of the Congressional Record for July 30, 2020. The page opens with tributes, including one for a Navy veteran named Robert, remembered as a University of Alabama School of Law graduate, and one for a Savannah man named Eric who served as a translator in the United States Army. Under House Resolution 1067, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116–60 is adopted, and the text of the bill is printed with the short title of an appropriations act, 2021 covering Defense, Justice, Science, and other departments.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Appropriations Act, 2021, H.R. 7617 — Congressional Record, House, July 30, 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-07-30-crec-2020-07-30-pt1-pgh3994-4-453aec6b39/
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H3994 CONGRESSIONAL RECORD — HOUSE July 30, 2020
Robert was active duty with the U.S. imagination. Eric helped create the Sa- The SPEAKER pro tempore. Pursu-
Navy from 1951 to 1955, then started in vannah Riverfront and more than 74 ant to House Resolution 1067, an
the Navy Active Reserve until his re- projects in the historic district, includ- amendment in the nature of a sub-
tirement as a commander in 1980. As a ing the World War II monument titled, stitute consisting of the text of Rules
Navy Air Operations Officer, he re- ‘‘A World Apart,’’ which is located on Committee Print 116–60, modified by
ceived numerous awards and designa- River Street. the amendment printed in part A of
tions. Eric played a large part in making House Report 116–461, is adopted and
As a fellow graduate of the Univer- the beautiful city what it is today, and the bill, as amended, is considered
sity of Alabama School of Law, I had he spent over 50 years bringing his vi- read.
the pleasure of working with Robert on sion for Savannah to life. Although The text of the bill, as amended, is as
many occasions, and I will miss his Eric was extremely committed to Sa- follows:
passion, professionalism, and friend- vannah’s architecture, he was even H.R. 7617
ship. more committed to his people. Be it enacted by the Senate and House of Rep-
I offer my sincere condolences to his Eric and his family escaped Nazi Ger- resentatives of the United States of America in
beloved wife, Pat, and their children. many in the 1930s, so he had many Congress assembled,
They can be proud of the legacy of impactful stories that touched count- SECTION 1. SHORT TITLE.
service that Robert leaves behind. less lives. This Act may be cited as the ‘‘Defense, Com-
f Eric was also a veteran. Eric served merce, Justice, Science, Energy and Water De-
as a translator in the United States velopment, Financial Services and General Gov-
RECOGNIZING NICKY ernment, Labor, Health and Human Services,
Army. Education, Transportation, Housing, and Urban
CHRISTOPHER
Eric was a graduate of the University Development Appropriations Act, 2021’’.
(Mr. FITZPATRICK asked and was of Florida and was a huge Florida SEC. 2. REFERENCES TO ACT.
given permission to address the House Gators fan. Except as expressly provided otherwise, any
for 1 minute and to revise and extend Although most in the Savannah com- reference to ‘‘this Act’’ contained in any divi-
his remarks.) munity knew Eric as a renowned archi- sion of this Act shall be treated as referring only
Mr. FITZPATRICK. Mr. Speaker, I tect, he was also a devoted teacher, to the provisions of that division.
rise today to recognize an amazing provider, husband, and father. SEC. 3. REFERENCES TO REPORT.
member of our community. Nicky I am thankful for the life Eric lived, (a) Any reference to a ‘‘report accompanying
Christopher is a 12-year-old from and he will leave a lasting impact on this Act’’ contained in division A of this Act
Yardley, Pennsylvania, who has been Savannah with his architectural cre- shall be treated as a reference to House Report
working to brighten the day of people 116–453. The effect of such Report shall be lim-
ations. My thoughts and prayers are
ited to division A and shall apply for purposes
across our community. with his family and friends during this of determining the allocation of funds provided
Over the last several months, Nicky most difficult time. by, and the implementation of, division A.
has decorated dozens of homes to cele- f (b) Any reference to a ‘‘report accompanying
brate birthdays, graduations, and bar this Act’’ contained in division B of this Act
and bat mitzvahs and other causes for RECOGNIZING THE 100TH shall be treated as a reference to House Report
celebration. BIRTHDAY OF ED EWING 116–455. The effect of such Report shall be lim-
In an amazing show of community (Mr. LAMALFA asked and was given ited to division B and shall apply for purposes
spirit, families have donated supplies permission to address the House for 1 of determining the allocation of funds provided
by, and the implementation of, division B.
and decorations to help Nicky continue minute and to revise and extend his re- (c) Any reference to a ‘‘report accompanying
to bring joy across our community. marks.) this Act’’ contained in division C of this Act
And while Nicky receives some cash Mr. LAMALFA. Mr. Speaker, I rise shall be treated as a reference to House Report
donations, he takes any money that is today to recognize the 100th birthday 116–449. The effect of such Report shall be lim-
not spent on supplies, and he donates of a great World War II veteran, Ed ited to division C and shall apply for purposes
that money to children who have been Ewing from Redding, California. of determining the allocation of funds provided
displaced from their homes. Ed is a U.S. Army veteran, who once by, and the implementation of, division C.
Mr. Speaker, Nicky’s kindness and dreamed of being a doctor but then (d) Any reference to a ‘‘report accompanying
this Act’’ contained in division D of this Act
generosity are an inspiration for our found his way to be a longtime owner shall be treated as a reference to House Report
entire community and our entire Na- and operator of Economy 4 Cycle Ma- 116–456. The effect of such Report shall be lim-
tion. I know that he has been able to rine. ited to division D and shall apply for purposes
brighten the day of so many people in Ed began his business in Redding in of determining the allocation of funds provided
our community when they have really 1960. He tried to retire in 1985 and did by, and the implementation of, division D.
needed it the most. so for 6 years, but he reopened his (e) Any reference to a ‘‘report accompanying
Last month I had the opportunity to doors again and worked until just a few this Act’’ contained in division E of this Act
meet Nicky over Zoom, and I cannot shall be treated as a reference to House Report
years ago, finally retiring at 98 years
116–450. The effect of such Report shall be lim-
say enough about what an amazing old. ited to division E and shall apply for purposes
young man he is and how proud I am to Ed knows Bearcat outboard motors of determining the allocation of funds provided
represent him in Congress and how in- inside and out, and he had people seek- by, and the implementation of, division E.
credibly proud his family must be. ing out his expertise from all over the (f) Any reference to a ‘‘report accompanying
Mr. Speaker, I thank Nicky for bring- country. this Act’’ contained in division F of this Act
ing so much light to our community At his birthday party this past week- shall be treated as a reference to House Report
and to our Nation. We need more peo- end, I am told that Ed still appeared to 116–452. The effect of such Report shall be lim-
ited to division F and shall apply for purposes
ple like him. be running on all cylinders.
of determining the allocation of funds provided
f Mr. Speaker, I wish Ed a happy birth- by, and the implementation of, division F.
day and I wish him and his family a SEC. 4. AVAILABILITY OF FUNDS.
HONORING THE LIFE OF ERIC
wonderful year ahead. (a) Each amount designated in this Act by the
MEYERHOFF
f Congress as an emergency requirement pursuant
(Mr. CARTER of Georgia asked and to section 251(b)(2)(A)(i) of the Balanced Budget
was given permission to address the DEPARTMENT OF DEFENSE
and Emergency Deficit Control Act of 1985 shall
House for 1 minute and to revise and APPROPRIATIONS ACT, 2021 be available (or rescinded, if applicable) only if
extend his remarks.) Mrs. LOWEY. Mr. Speaker, pursuant the President subsequently so designates all
Mr. CARTER of Georgia. Mr. Speak- to House Resolution 1067, I call up the such amounts and transmits such designations
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er, I rise today to remember and honor bill (H.R. 7617) making appropriations to the Congress.
(b) Each amount designated in this Act by the
the life of beloved Savannah architect for the Department of Defense for the Congress for Overseas Contingency Operations/
Eric Meyerhoff, who passed away at fiscal year ending September 30, 2021, Global War on Terrorism pursuant to section
the age of 91. and for other purposes, and ask for its 251(b)(2)(A)(ii) of the Balanced Budget and
Eric was a gift to the Savannah com- immediate consideration in the House. Emergency Deficit Control Act of 1985 shall be
munity, who blessed it with his gift of The Clerk read the title of the bill. available (or rescinded, if applicable) only if the
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H3995
President subsequently so designates all such for payments to the Department of Defense Mili- Army, as authorized by law, $40,424,428,000:
amounts and transmits such designations to the tary Retirement Fund, $5,025,216,000. Provided, That not to exceed $12,478,000 can be
Congress. RESERVE PERSONNEL, NAVY used for emergencies and extraordinary ex-
DIVISION A—DEPARTMENT OF DEFENSE For pay, allowances, clothing, subsistence, penses, to be expended on the approval or au-
APPROPRIATIONS ACT, 2021 gratuities, travel, and related expenses for per- thority of the Secretary of the Army, and pay-
sonnel of the Navy Reserve on active duty under ments may be made on his certificate of neces-
That the following sums are appropriated, out
section 10211 of title 10, United States Code, or sity for confidential military purposes.
of any money in the Treasury not otherwise ap-
propriated, for the fiscal year ending September while serving on active duty under section OPERATION AND MAINTENANCE, NAVY
30, 2021, for military functions administered by 12301(d) of title 10, United States Code, in con- For expenses, not otherwise provided for, nec-
the Department of Defense and for other pur- nection with performing duty specified in sec- essary for the operation and maintenance of the
poses, namely: tion 12310(a) of title 10, United States Code, or Navy and the Marine Corps, as authorized by
TITLE I while undergoing reserve training, or while per- law, $49,248,117,000: Provided, That not to ex-
forming drills or equivalent duty, and expenses ceed $15,055,000 can be used for emergencies and
MILITARY PERSONNEL authorized by section 16131 of title 10, United extraordinary expenses, to be expended on the
MILITARY PERSONNEL, ARMY States Code; and for payments to the Depart- approval or authority of the Secretary of the
For pay, allowances, individual clothing, sub- ment of Defense Military Retirement Fund, Navy, and payments may be made on his certifi-
sistence, interest on deposits, gratuities, perma- $2,223,690,000. cate of necessity for confidential military pur-
nent change of station travel (including all ex- RESERVE PERSONNEL, MARINE CORPS poses.
penses thereof for organizational movements), For pay, allowances, clothing, subsistence, OPERATION AND MAINTENANCE, MARINE CORPS
and expenses of temporary duty travel between gratuities, travel, and related expenses for per- For expenses, not otherwise provided for, nec-
permanent duty stations, for members of the sonnel of the Marine Corps Reserve on active essary for the operation and maintenance of the
Army on active duty (except members of reserve duty under section 10211 of title 10, United Marine Corps, as authorized by law,
components provided for elsewhere), cadets, and States Code, or while serving on active duty $7,512,336,000.
aviation cadets; for members of the Reserve Offi- under section 12301(d) of title 10, United States
cers’ Training Corps; and for payments pursu- OPERATION AND MAINTENANCE, AIR FORCE
Code, in connection with performing duty speci-
ant to section 156 of Public Law 97–377, as fied in section 12310(a) of title 10, United States For expenses, not otherwise provided for, nec-
amended (42 U.S.C. 402 note), and to the De- Code, or while undergoing reserve training, or essary for the operation and maintenance of the
partment of Defense Military Retirement Fund, while performing drills or equivalent duty, and Air Force, as authorized by law, $33,595,328,000:
$44,936,603,000. for members of the Marine Corps platoon leaders Provided, That not to exceed $7,699,000 can be
MILITARY PERSONNEL, NAVY class, and expenses authorized by section 16131 used for emergencies and extraordinary ex-
of title 10, United States Code; and for payments penses, to be expended on the approval or au-
For pay, allowances, individual clothing, sub- thority of the Secretary of the Air Force, and
sistence, interest on deposits, gratuities, perma- to the Department of Defense Military Retire-
ment Fund, $857,394,000. payments may be made on his certificate of ne-
nent change of station travel (including all ex- cessity for confidential military purposes.
penses thereof for organizational movements), RESERVE PERSONNEL, AIR FORCE
and expenses of temporary duty travel between OPERATION AND MAINTENANCE, SPACE FORCE
For pay, allowances, clothing, subsistence,
permanent duty stations, for members of the gratuities, travel, and related expenses for per- For expenses, not otherwise provided for, nec-
Navy on active duty (except members of the Re- sonnel of the Air Force Reserve on active duty essary for the operation and maintenance of the
serve provided for elsewhere), midshipmen, and under sections 10211, 10305, and 8038 of title 10, Space Force, as authorized by law,
aviation cadets; for members of the Reserve Offi- United States Code, or while serving on active $2,498,544,000.
cers’ Training Corps; and for payments pursu- duty under section 12301(d) of title 10, United OPERATION AND MAINTENANCE, DEFENSE-WIDE
ant to section 156 of Public Law 97–377, as States Code, in connection with performing duty (INCLUDING TRANSFER OF FUNDS)
amended (42 U.S.C. 402 note), and to the De- specified in section 12310(a) of title 10, United For expenses, not otherwise provided for, nec-
partment of Defense Military Retirement Fund, States Code, or while undergoing reserve train- essary for the operation and maintenance of ac-
$33,757,999,000. ing, or while performing drills or equivalent tivities and agencies of the Department of De-
MILITARY PERSONNEL, MARINE CORPS duty or other duty, and expenses authorized by fense (other than the military departments), as
For pay, allowances, individual clothing, sub- section 16131 of title 10, United States Code; and authorized by law, $38,967,817,000: Provided,
sistence, interest on deposits, gratuities, perma- for payments to the Department of Defense Mili- That not more than $6,859,000 may be used for
nent change of station travel (including all ex- tary Retirement Fund, $2,179,763,000. the Combatant Commander Initiative Fund au-
penses thereof for organizational movements), NATIONAL GUARD PERSONNEL, ARMY thorized under section 166a of title 10, United
and expenses of temporary duty travel between For pay, allowances, clothing, subsistence, States Code: Provided further, That not to ex-
permanent duty stations, for members of the gratuities, travel, and related expenses for per- ceed $36,000,000 can be used for emergencies and
Marine Corps on active duty (except members of sonnel of the Army National Guard while on extraordinary expenses, to be expended on the
the Reserve provided for elsewhere); and for duty under sections 10211, 10302, or 12402 of title approval or authority of the Secretary of De-
payments pursuant to section 156 of Public Law 10 or section 708 of title 32, United States Code, fense, and payments may be made on his certifi-
97–377, as amended (42 U.S.C. 402 note), and to or while serving on duty under section 12301(d) cate of necessity for confidential military pur-
the Department of Defense Military Retirement of title 10 or section 502(f) of title 32, United poses: Provided further, That of the funds pro-
Fund, $14,534,551,000. States Code, in connection with performing duty vided under this heading, not less than
MILITARY PERSONNEL, AIR FORCE specified in section 12310(a) of title 10, United $48,000,000 shall be made available for the Pro-
States Code, or while undergoing training, or curement Technical Assistance Cooperative
For pay, allowances, individual clothing, sub-
while performing drills or equivalent duty or Agreement Program, of which not less than
sistence, interest on deposits, gratuities, perma-
other duty, and expenses authorized by section $4,500,000 shall be available for centers defined
nent change of station travel (including all ex-
16131 of title 10, United States Code; and for in 10 U.S.C. 2411(1)(D): Provided further, That
penses thereof for organizational movements),
payments to the Department of Defense Military none of the funds appropriated or otherwise
and expenses of temporary duty travel between
Retirement Fund, $8,639,005,000. made available by this Act may be used to plan
permanent duty stations, for members of the Air
NATIONAL GUARD PERSONNEL, AIR FORCE or implement the consolidation of a budget or
Force on active duty (except members of reserve
For pay, allowances, clothing, subsistence, appropriations liaison office of the Office of the
components provided for elsewhere), cadets, and
gratuities, travel, and related expenses for per- Secretary of Defense, the office of the Secretary
aviation cadets; for members of the Reserve Offi-
sonnel of the Air National Guard on duty under of a military department, or the service head-
cers’ Training Corps; and for payments pursu-
sections 10211, 10305, or 12402 of title 10 or sec- quarters of one of the Armed Forces into a legis-
ant to section 156 of Public Law 97–377, as
tion 708 of title 32, United States Code, or while lative affairs or legislative liaison office: Pro-
amended (42 U.S.C. 402 note), and to the De-
serving on duty under section 12301(d) of title 10 vided further, That $17,732,000, to remain avail-
partment of Defense Military Retirement Fund,
or section 502(f) of title 32, United States Code, able until expended, is available only for ex-
$32,675,965,000.
in connection with performing duty specified in penses relating to certain classified activities,
RESERVE PERSONNEL, ARMY and may be transferred as necessary by the Sec-
section 12310(a) of title 10, United States Code,
For pay, allowances, clothing, subsistence, or while undergoing training, or while per- retary of Defense to operation and maintenance
gratuities, travel, and related expenses for per- forming drills or equivalent duty or other duty, appropriations or research, development, test
sonnel of the Army Reserve on active duty and expenses authorized by section 16131 of title and evaluation appropriations, to be merged
under sections 10211, 10302, and 7038 of title 10, 10, United States Code; and for payments to the with and to be available for the same time pe-
United States Code, or while serving on active Department of Defense Military Retirement riod as the appropriations to which transferred:
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duty under section 12301(d) of title 10, United Fund, $4,525,466,000. Provided further, That any ceiling on the in-
States Code, in connection with performing duty vestment item unit cost of items that may be
TITLE II
specified in section 12310(a) of title 10, United purchased with operation and maintenance
States Code, or while undergoing reserve train- OPERATION AND MAINTENANCE funds shall not apply to the funds described in
ing, or while performing drills or equivalent OPERATION AND MAINTENANCE, ARMY the preceding proviso: Provided further, That of
duty or other duty, and expenses authorized by For expenses, not otherwise provided for, nec- the funds provided under this heading,
section 16131 of title 10, United States Code; and essary for the operation and maintenance of the $659,225,000, of which $164,806,000 to remain
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H3996 CONGRESSIONAL RECORD — HOUSE July 30, 2020
available until September 30, 2022, shall be law; and expenses of repair, modification, main- are required for environmental restoration, re-
available to provide support and assistance to tenance, and issue of supplies and equipment duction and recycling of hazardous waste, re-
foreign security forces or other groups or indi- (including aircraft), $7,611,147,000. moval of unsafe buildings and debris of the De-
viduals to conduct, support or facilitate OPERATION AND MAINTENANCE, AIR NATIONAL partment of the Air Force, or for similar pur-
counterterrorism, crisis response, or other De- GUARD poses, transfer the funds made available by this
partment of Defense security cooperation pro- appropriation to other appropriations made
For expenses of training, organizing, and ad- available to the Department of the Air Force, to
grams; of which not less than $30,000,000 shall
ministering the Air National Guard, including be merged with and to be available for the same
be available for International Security Coopera-
medical and hospital treatment and related ex- purposes and for the same time period as the ap-
tion Programs with countries in the United
penses in non-Federal hospitals; maintenance, propriations to which transferred: Provided fur-
States Africa Command area of responsibility; of
operation, and repairs to structures and facili- ther, That upon a determination that all or part
which not less than $130,000,000 shall be avail-
ties; transportation of things, hire of passenger of the funds transferred from this appropriation
able for International Security Cooperation Pro-
motor vehicles; supplying and equipping the Air are not necessary for the purposes provided
grams with countries in the United States
National Guard, as authorized by law; expenses herein, such amounts may be transferred back
Southern Command area of responsibility; and
for repair, modification, maintenance, and issue to this appropriation: Provided further, That
not to exceed $21,814,000 shall be for Defense Se-
of supplies and equipment, including those fur- the transfer authority provided under this head-
curity Cooperation Agency headquarters ex-
nished from stocks under the control of agencies ing is in addition to any other transfer author-
penses: Provided further, That the Secretary of
of the Department of Defense; travel expenses ity provided elsewhere in this Act.
Defense shall notify the congressional defense
(other than mileage) on the same basis as au-
committees in writing and not fewer than 15 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
thorized by law for Air National Guard per-
days prior to obligating funds for International (INCLUDING TRANSFER OF FUNDS)
sonnel on active Federal duty, for Air National
Security Cooperation Programs: Provided fur- For the Department of Defense, $19,952,000, to
Guard commanders while inspecting units in
ther, That the Secretary of Defense shall pro- remain available until transferred: Provided,
compliance with National Guard Bureau regula-
vide quarterly reports to the Committees on Ap- That the Secretary of Defense shall, upon deter-
tions when specifically authorized by the Chief,
propriations of the House of Representatives mining that such funds are required for envi-
National Guard Bureau, $6,853,942,000.
and the Senate on the use and status of funds ronmental restoration, reduction and recycling
provided under this heading: Provided further, UNITED STATES COURT OF APPEALS FOR THE
of hazardous waste, removal of unsafe buildings
That the transfer authority provided under this ARMED FORCES
and debris of the Department of Defense, or for
heading is in addition to any other transfer au- For salaries and expenses necessary for the similar purposes, transfer the funds made avail-
thority provided elsewhere in this Act. United States Court of Appeals for the Armed able by this appropriation to other appropria-
OPERATION AND MAINTENANCE, ARMY RESERVE Forces, $15,211,000, of which not to exceed $5,000 tions made available to the Department of De-
may be used for official representation purposes. fense, to be merged with and to be available for
For expenses, not otherwise provided for, nec-
essary for the operation and maintenance, in- ENVIRONMENTAL RESTORATION, ARMY the same purposes and for the same time period
cluding training, organization, and administra- (INCLUDING TRANSFER OF FUNDS) as the appropriations to which transferred: Pro-
tion, of the Army Reserve; repair of facilities vided further, That upon a determination that
For the Department of the Army, $264,285,000,
and equipment; hire of passenger motor vehicles; all or part of the funds transferred from this ap-
to remain available until transferred: Provided,
travel and transportation; care of the dead; re- propriation are not necessary for the purposes
That the Secretary of the Army shall, upon de-
cruiting; procurement of services, supplies, and provided herein, such amounts may be trans-
termining that such funds are required for envi-
equipment; and communications, $3,004,717,000. ferred back to this appropriation: Provided fur-
ronmental restoration, reduction and recycling
ther, That the transfer authority provided
OPERATION AND MAINTENANCE, NAVY RESERVE of hazardous waste, removal of unsafe buildings
under this heading is in addition to any other
For expenses, not otherwise provided for, nec- and debris of the Department of the Army, or
transfer authority provided elsewhere in this
essary for the operation and maintenance, in- for similar purposes, transfer the funds made
Act.
cluding training, organization, and administra- available by this appropriation to other appro-
priations made available to the Department of ENVIRONMENTAL RESTORATION, FORMERLY USED
tion, of the Navy Reserve; repair of facilities
the Army, to be merged with and to be available DEFENSE SITES
and equipment; hire of passenger motor vehicles;
for the same purposes and for the same time pe- (INCLUDING TRANSFER OF FUNDS)
travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and riod as the appropriations to which transferred: For the Department of the Army, $288,750,000,
equipment; and communications, $1,155,746,000. Provided further, That upon a determination to remain available until transferred: Provided,
that all or part of the funds transferred from That the Secretary of the Army shall, upon de-
OPERATION AND MAINTENANCE, MARINE CORPS
this appropriation are not necessary for the pur- termining that such funds are required for envi-
RESERVE
poses provided herein, such amounts may be ronmental restoration, reduction and recycling
For expenses, not otherwise provided for, nec- transferred back to this appropriation: Provided of hazardous waste, removal of unsafe buildings
essary for the operation and maintenance, in- further, That the transfer authority provided and debris at sites formerly used by the Depart-
cluding training, organization, and administra- under this heading is in addition to any other ment of Defense, transfer the funds made avail-
tion, of the Marine Corps Reserve; repair of fa- transfer authority provided elsewhere in this able by this appropriation to other appropria-
cilities and equipment; hire of passenger motor Act. tions made available to the Department of the
vehicles; travel and transportation; care of the Army, to be merged with and to be available for
dead; recruiting; procurement of services, sup- ENVIRONMENTAL RESTORATION, NAVY
the same purposes and for the same time period
plies, and equipment; and communications, (INCLUDING TRANSFER OF FUNDS)
as the appropriations to which transferred: Pro-
$322,706,000. For the Department of the Navy, $404,250,000, vided further, That upon a determination that
OPERATION AND MAINTENANCE, AIR FORCE to remain available until transferred: Provided, all or part of the funds transferred from this ap-
RESERVE That the Secretary of the Navy shall, upon de- propriation are not necessary for the purposes
For expenses, not otherwise provided for, nec- termining that such funds are required for envi- provided herein, such amounts may be trans-
essary for the operation and maintenance, in- ronmental restoration, reduction and recycling ferred back to this appropriation: Provided fur-
cluding training, organization, and administra- of hazardous waste, removal of unsafe buildings ther, That the transfer authority provided
tion, of the Air Force Reserve; repair of facilities and debris of the Department of the Navy, or for under this heading is in addition to any other
and equipment; hire of passenger motor vehicles; similar purposes, transfer the funds made avail- transfer authority provided elsewhere in this
travel and transportation; care of the dead; re- able by this appropriation to other appropria- Act.
cruiting; procurement of services, supplies, and tions made available to the Department of the OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC
equipment; and communications, $3,300,284,000. Navy, to be merged with and to be available for AID
the same purposes and for the same time period
OPERATION AND MAINTENANCE, ARMY NATIONAL For expenses relating to the Overseas Human-
as the appropriations to which transferred: Pro-
GUARD itarian, Disaster, and Civic Aid programs of the
vided further, That upon a determination that
For expenses of training, organizing, and ad- Department of Defense (consisting of the pro-
all or part of the funds transferred from this ap-
ministering the Army National Guard, including grams provided under sections 401, 402, 404, 407,
propriation are not necessary for the purposes
medical and hospital treatment and related ex- 2557, and 2561 of title 10, United States Code),
provided herein, such amounts may be trans-
penses in non-Federal hospitals; maintenance, $147,500,000, to remain available until September
ferred back to this appropriation: Provided fur-
operation, and repairs to structures and facili- 30, 2022: Provided, That such amounts shall not
ther, That the transfer authority provided
ties; hire of passenger motor vehicles; personnel be subject to the limitation in section 407(c)(3) of
under this heading is in addition to any other
services in the National Guard Bureau; travel title 10, United States Code.
transfer authority provided elsewhere in this
expenses (other than mileage), as authorized by Act. COOPERATIVE THREAT REDUCTION ACCOUNT
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law for Army personnel on active duty, for For assistance, including assistance provided
ENVIRONMENTAL RESTORATION, AIR FORCE
Army National Guard division, regimental, and by contract or by grants, under programs and
battalion commanders while inspecting units in (INCLUDING TRANSFER OF FUNDS) activities of the Department of Defense Coopera-
compliance with National Guard Bureau regula- For the Department of the Air Force, tive Threat Reduction Program authorized
tions when specifically authorized by the Chief, $509,250,000, to remain available until trans- under the Department of Defense Cooperative
National Guard Bureau; supplying and equip- ferred: Provided, That the Secretary of the Air Threat Reduction Act, $360,190,000, to remain
ping the Army National Guard as authorized by Force shall, upon determining that such funds available until September 30, 2023.
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H3997
DEPARTMENT OF DEFENSE ACQUISITION OTHER PROCUREMENT, ARMY Columbia Class Submarine, $2,862,179,000;
WORKFORCE DEVELOPMENT ACCOUNT For construction, procurement, production, Columbia Class Submarine (AP),
For the Department of Defense Acquisition and modification of vehicles, including tactical, $1,123,175,000;
Workforce Development Account, $198,501,000, support, and non-tracked combat vehicles; the Carrier Replacement Program (CVN–80),
to remain available for obligation until Sep- purchase of passenger motor vehicles for re- $904,800,000;
tember 30, 2021: Provided, That no other placement only; communications and electronic Carrier Replacement Program (CVN–81),
amounts may be otherwise credited or trans- equipment; other support equipment; spare $1,606,432,000;
ferred to the Account, or deposited into the Ac- parts, ordnance, and accessories therefor; spe- Virginia Class Submarine, $4,603,213,000;
count, in fiscal year 2021 pursuant to section cialized equipment and training devices; expan- Virginia Class Submarine (AP), $2,173,187,000;
1705(d) of title 10, United States Code. sion of public and private plants, including the CVN Refueling Overhauls, $1,878,453,000;
land necessary therefor, for the foregoing pur- CVN Refueling Overhauls (AP), $17,384,000;
TITLE III DDG–1000 Program, $78,205,000;
poses, and such lands and interests therein, may
PROCUREMENT DDG–51 Destroyer, $2,931,245,000;
be acquired, and construction prosecuted there-
AIRCRAFT PROCUREMENT, ARMY on prior to approval of title; and procurement DDG–51 Destroyer (AP), $29,297,000;
For construction, procurement, production, FFG–Frigate, $1,053,123,000;
and installation of equipment, appliances, and
modification, and modernization of aircraft, LPD Flight II, $1,155,801,000;
machine tools in public and private plants; re-
TAO Fleet Oiler, $20,000,000;
equipment, including ordnance, ground han- serve plant and Government and contractor-
Towing, Salvage, and Rescue Ship,
dling equipment, spare parts, and accessories owned equipment layaway; and other expenses
$157,790,000;
therefor; specialized equipment and training de- necessary for the foregoing purposes,
LCU 1700, $87,395,000;
vices; expansion of public and private plants, $8,453,422,000, to remain available for obligation Service Craft, $244,147,000;
including the land necessary therefor, for the until September 30, 2023. LCAC SLEP, $56,461,000;
foregoing purposes, and such lands and inter- AIRCRAFT PROCUREMENT, NAVY For COVID–19 recovery for second, third, and
ests therein, may be acquired, and construction For construction, procurement, production, fourth tier suppliers, $100,000,000;
prosecuted thereon prior to approval of title; modification, and modernization of aircraft, For outfitting, post delivery, conversions, and
and procurement and installation of equipment, equipment, including ordnance, spare parts, first destination transportation, $806,539,000;
appliances, and machine tools in public and pri- and accessories therefor; specialized equipment; and
vate plants; reserve plant and Government and expansion of public and private plants, includ- Completion of Prior Year Shipbuilding Pro-
contractor-owned equipment layaway; and ing the land necessary therefor, and such lands grams, $369,112,000.
other expenses necessary for the foregoing pur- and interests therein, may be acquired, and con- In all: $22,257,938,000, to remain available for
poses, $3,503,013,000, to remain available for ob- struction prosecuted thereon prior to approval obligation until September 30, 2025: Provided,
ligation until September 30, 2023. of title; and procurement and installation of That additional obligations may be incurred
MISSILE PROCUREMENT, ARMY equipment, appliances, and machine tools in after September 30, 2025, for engineering serv-
For construction, procurement, production, public and private plants; reserve plant and ices, tests, evaluations, and other such budgeted
modification, and modernization of missiles, Government and contractor-owned equipment work that must be performed in the final stage
equipment, including ordnance, ground han- layaway, $17,710,109,000, to remain available for of ship construction: Provided further, That
dling equipment, spare parts, and accessories obligation until September 30, 2023. none of the funds provided under this heading
therefor; specialized equipment and training de- WEAPONS PROCUREMENT, NAVY for the construction or conversion of any naval
vices; expansion of public and private plants, For construction, procurement, production, vessel to be constructed in shipyards in the
including the land necessary therefor, for the modification, and modernization of missiles, tor- United States shall be expended in foreign fa-
foregoing purposes, and such lands and inter- pedoes, other weapons, and related support cilities for the construction of major components
ests therein, may be acquired, and construction equipment including spare parts, and acces- of such vessel: Provided further, That none of
prosecuted thereon prior to approval of title; sories therefor; expansion of public and private the funds provided under this heading shall be
and procurement and installation of equipment, plants, including the land necessary therefor, used for the construction of any naval vessel in
appliances, and machine tools in public and pri- and such lands and interests therein, may be ac- foreign shipyards: Provided further, That funds
vate plants; reserve plant and Government and quired, and construction prosecuted thereon appropriated or otherwise made available by
contractor-owned equipment layaway; and prior to approval of title; and procurement and this Act for Columbia Class Submarine (AP)
other expenses necessary for the foregoing pur- installation of equipment, appliances, and ma- may be available for the purposes authorized by
poses, $3,419,333,000, to remain available for ob- chine tools in public and private plants; reserve subsections (f), (g), (h) or (i) of section 2218a of
ligation until September 30, 2023. plant and Government and contractor-owned title 10, United States Code, only in accordance
PROCUREMENT OF WEAPONS AND TRACKED equipment layaway, $4,378,594,000, to remain with the provisions of the applicable subsection.
COMBAT VEHICLES, ARMY available for obligation until September 30, 2023. OTHER PROCUREMENT, NAVY
For construction, procurement, production, PROCUREMENT OF AMMUNITION, NAVY AND For procurement, production, and moderniza-
and modification of weapons and tracked com- MARINE CORPS tion of support equipment and materials not
bat vehicles, equipment, including ordnance, For construction, procurement, production, otherwise provided for, Navy ordnance (except
spare parts, and accessories therefor; specialized and modification of ammunition, and acces- ordnance for new aircraft, new ships, and ships
equipment and training devices; expansion of sories therefor; specialized equipment and train- authorized for conversion); the purchase of pas-
public and private plants, including the land ing devices; expansion of public and private senger motor vehicles for replacement only; ex-
necessary therefor, for the foregoing purposes, plants, including ammunition facilities, author- pansion of public and private plants, including
and such lands and interests therein, may be ac- ized by section 2854 of title 10, United States the land necessary therefor, and such lands and
quired, and construction prosecuted thereon Code, and the land necessary therefor, for the interests therein, may be acquired, and con-
prior to approval of title; and procurement and foregoing purposes, and such lands and inter- struction prosecuted thereon prior to approval
installation of equipment, appliances, and ma- ests therein, may be acquired, and construction of title; and procurement and installation of
chine tools in public and private plants; reserve prosecuted thereon prior to approval of title; equipment, appliances, and machine tools in
plant and Government and contractor-owned and procurement and installation of equipment, public and private plants; reserve plant and
equipment layaway; and other expenses nec- appliances, and machine tools in public and pri- Government and contractor-owned equipment
essary for the foregoing purposes, $3,696,263,000, vate plants; reserve plant and Government and layaway, $9,986,796,000, to remain available for
to remain available for obligation until Sep- contractor-owned equipment layaway; and obligation until September 30, 2023: Provided,
tember 30, 2023. other expenses necessary for the foregoing pur- That such funds are also available for the main-
PROCUREMENT OF AMMUNITION, ARMY poses, $795,134,000, to remain available for obli- tenance, repair, and modernization of Pacific
gation until September 30, 2023. Fleet ships under a pilot program established for
For construction, procurement, production,
SHIPBUILDING AND CONVERSION, NAVY such purposes.
and modification of ammunition, and acces-
sories therefor; specialized equipment and train- For expenses necessary for the construction, PROCUREMENT, MARINE CORPS
ing devices; expansion of public and private acquisition, or conversion of vessels as author- For expenses necessary for the procurement,
plants, including ammunition facilities, author- ized by law, including armor and armament manufacture, and modification of missiles, ar-
ized by section 2854 of title 10, United States thereof, plant equipment, appliances, and ma- mament, military equipment, spare parts, and
Code, and the land necessary therefor, for the chine tools and installation thereof in public accessories therefor; plant equipment, appli-
foregoing purposes, and such lands and inter- and private plants; reserve plant and Govern- ances, and machine tools, and installation
ests therein, may be acquired, and construction ment and contractor-owned equipment layaway; thereof in public and private plants; reserve
prosecuted thereon prior to approval of title; procurement of critical, long lead time compo- plant and Government and contractor-owned
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and procurement and installation of equipment, nents and designs for vessels to be constructed equipment layaway; vehicles for the Marine
appliances, and machine tools in public and pri- or converted in the future; and expansion of Corps, including the purchase of passenger
vate plants; reserve plant and Government and public and private plants, including land nec- motor vehicles for replacement only; and expan-
contractor-owned equipment layaway; and essary therefor, and such lands and interests sion of public and private plants, including land
other expenses necessary for the foregoing pur- therein, may be acquired, and construction necessary therefor, and such lands and interests
poses, $2,789,898,000, to remain available for ob- prosecuted thereon prior to approval of title, as therein, may be acquired, and construction
ligation until September 30, 2023. follows: prosecuted thereon prior to approval of title,
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H3998 CONGRESSIONAL RECORD — HOUSE July 30, 2020
$2,693,354,000, to remain available for obligation prosecuted thereon prior to approval of title; re- rector, Operational Test and Evaluation, in the
until September 30, 2023. serve plant and Government and contractor- direction and supervision of operational test
AIRCRAFT PROCUREMENT, AIR FORCE owned equipment layaway; and other expenses and evaluation, including initial operational
necessary for the foregoing purposes including test and evaluation which is conducted prior to,
For construction, procurement, and modifica-
rents and transportation of things, and in support of, production decisions; joint
tion of aircraft and equipment, including armor
$2,289,934,000, to remain available for obligation operational testing and evaluation; and admin-
and armament, specialized ground handling
until September 30, 2023. istrative expenses in connection therewith,
equipment, and training devices, spare parts,
PROCUREMENT, DEFENSE-WIDE $210,090,000, to remain available for obligation
and accessories therefor; specialized equipment;
For expenses of activities and agencies of the until September 30, 2022.
expansion of public and private plants, Govern-
ment-owned equipment and installation thereof Department of Defense (other than the military TITLE V
in such plants, erection of structures, and ac- departments) necessary for procurement, pro- REVOLVING AND MANAGEMENT FUNDS
quisition of land, for the foregoing purposes, duction, and modification of equipment, sup-
DEFENSE WORKING CAPITAL FUNDS
and such lands and interests therein, may be ac- plies, materials, and spare parts therefor, not
otherwise provided for; the purchase of pas- For the Defense Working Capital Funds,
quired, and construction prosecuted thereon
senger motor vehicles for replacement only; ex- $1,348,910,000.
prior to approval of title; reserve plant and Gov-
ernment and contractor-owned equipment lay- pansion of public and private plants, equip- TITLE VI
away; and other expenses necessary for the ment, and installation thereof in such plants, OTHER DEPARTMENT OF DEFENSE
foregoing purposes including rents and trans- erection of structures, and acquisition of land PROGRAMS
portation of things, $19,587,853,000, to remain for the foregoing purposes, and such lands and
DEFENSE HEALTH PROGRAM
available for obligation until September 30, 2023. interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval For expenses, not otherwise provided for, for
MISSILE PROCUREMENT, AIR FORCE of title; reserve plant and Government and con- medical and health care programs of the De-
For construction, procurement, and modifica- tractor-owned equipment layaway, partment of Defense as authorized by law,
tion of missiles, rockets, and related equipment, $5,418,220,000, to remain available for obligation $33,297,902,000; of which $31,097,781,000, shall be
including spare parts and accessories therefor; until September 30, 2023. for operation and maintenance, of which not to
ground handling equipment, and training de- DEFENSE PRODUCTION ACT PURCHASES exceed one percent shall remain available for
vices; expansion of public and private plants, obligation until September 30, 2022, and of
For activities by the Department of Defense
Government-owned equipment and installation which up to $16,024,715,000 may be available for
pursuant to sections 108, 301, 302, and 303 of the
thereof in such plants, erection of structures, contracts entered into under the TRICARE pro-
Defense Production Act of 1950 (50 U.S.C. 4518,
and acquisition of land, for the foregoing pur- gram; of which $557,896,000, to remain available
4531, 4532, and 4533), $191,931,000, to remain
poses, and such lands and interests therein, may for obligation until September 30, 2023, shall be
available until expended.
be acquired, and construction prosecuted there- for procurement; and of which $1,642,225,000, to
TITLE IV remain available for obligation until September
on prior to approval of title; reserve plant and
Government and contractor-owned equipment RESEARCH, DEVELOPMENT, TEST AND 30, 2022, shall be for research, development, test
layaway; and other expenses necessary for the EVALUATION and evaluation: Provided, That, notwith-
foregoing purposes including rents and trans- RESEARCH, DEVELOPMENT, TEST AND standing any other provision of law, of the
portation of things, $2,249,157,000, to remain EVALUATION, ARMY amount made available under this heading for
available for obligation until September 30, 2023. For expenses necessary for basic and applied research, development, test and evaluation, not
PROCUREMENT OF AMMUNITION, AIR FORCE scientific research, development, test and eval- less than $8,000,000 shall be available for HIV
uation, including maintenance, rehabilitation, prevention educational activities undertaken in
For construction, procurement, production,
lease, and operation of facilities and equipment, connection with United States military training,
and modification of ammunition, and acces-
$13,126,499,000, to remain available for obliga- exercises, and humanitarian assistance activi-
sories therefor; specialized equipment and train-
tion until September 30, 2022. ties conducted primarily in African nations:
ing devices; expansion of public and private
RESEARCH, DEVELOPMENT, TEST AND Provided further, That of the funds provided
plants, including ammunition facilities, author-
EVALUATION, NAVY under this heading for research, development,
ized by section 2854 of title 10, United States
For expenses necessary for basic and applied test and evaluation, not less than $1,020,500,000
Code, and the land necessary therefor, for the
scientific research, development, test and eval- shall be made available to the United States
foregoing purposes, and such lands and inter-
uation, including maintenance, rehabilitation, Army Medical Research and Development Com-
ests therein, may be acquired, and construction
lease, and operation of facilities and equipment, mand to carry out the congressionally directed
prosecuted thereon prior to approval of title;
$20,165,874,000, to remain available for obliga- medical research programs: Provided further,
and procurement and installation of equipment,
tion until September 30, 2022: Provided, That That the Secretary of Defense shall submit to
appliances, and machine tools in public and pri-
funds appropriated in this paragraph which are the Congressional defense committees quarterly
vate plants; reserve plant and Government and
available for the V–22 may be used to meet reports on the current status of the deployment
contractor-owned equipment layaway; and
unique operational requirements of the Special of the electronic health record: Provided fur-
other expenses necessary for the foregoing pur-
Operations Forces. ther, That the Secretary of Defense shall pro-
poses, $609,338,000, to remain available for obli-
RESEARCH, DEVELOPMENT, TEST AND vide notice to the Congressional defense commit-
gation until September 30, 2023.
EVALUATION, AIR FORCE tees not later than ten business days after de-
OTHER PROCUREMENT, AIR FORCE laying the proposed timeline of such deployment
For expenses necessary for basic and applied
For procurement and modification of equip- if such delay is longer than one week: Provided
scientific research, development, test and eval-
ment (including ground guidance and electronic further, That the Comptroller General of the
uation, including maintenance, rehabilitation,
control equipment, and ground electronic and United States shall perform quarterly perform-
lease, and operation of facilities and equipment,
communication equipment), and supplies, mate- ance reviews of such deployment.
$36,040,609,000, to remain available for obliga-
rials, and spare parts therefor, not otherwise CHEMICAL AGENTS AND MUNITIONS
tion until September 30, 2022.
provided for; the purchase of passenger motor DESTRUCTION, DEFENSE
vehicles for replacement only; lease of passenger RESEARCH, DEVELOPMENT, TEST AND
EVALUATION, SPACE FORCE For expenses, not otherwise provided for, nec-
motor vehicles; and expansion of public and pri-
For expenses necessary for basic and applied essary for the destruction of the United States
vate plants, Government-owned equipment and
scientific research, development, test and eval- stockpile of lethal chemical agents and muni-
installation thereof in such plants, erection of
uation, including maintenance, rehabilitation, tions in accordance with the provisions of sec-
structures, and acquisition of land, for the fore-
lease, and operation of facilities and equipment, tion 1412 of the Department of Defense Author-
going purposes, and such lands and interests
$10,187,840,000, to remain available until Sep- ization Act, 1986 (50 U.S.C. 1521), and for the
therein, may be acquired, and construction
tember 30, 2022. destruction of other chemical warfare materials
prosecuted thereon, prior to approval of title; re-
that are not in the chemical weapon stockpile,
serve plant and Government and contractor- RESEARCH, DEVELOPMENT, TEST AND
$889,500,000, of which $106,691,000 shall be for
owned equipment layaway, $23,603,470,000, to EVALUATION, DEFENSE-WIDE
operation and maintenance, of which no less
remain available for obligation until September For expenses of activities and agencies of the than $51,009,000 shall be for the Chemical Stock-
30, 2023. Department of Defense (other than the military pile Emergency Preparedness Program, con-
PROCUREMENT, SPACE FORCE departments), necessary for basic and applied sisting of $22,235,000 for activities on military in-
For construction, procurement, and modifica- scientific research, development, test and eval- stallations and $28,774,000, to remain available
tion of spacecraft, rockets, and related equip- uation; advanced research projects as may be until September 30, 2022, to assist State and
ment, including spare parts and accessories designated and determined by the Secretary of local governments; $616,000 shall be for procure-
Defense, pursuant to law; maintenance, reha-
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therefor; ground handling equipment, and ment, to remain available until September 30,
training devices; expansion of public and pri- bilitation, lease, and operation of facilities and 2023, of which not less than $616,000 shall be for
vate plants, Government-owned equipment and equipment, $24,617,177,000, to remain available the Chemical Stockpile Emergency Preparedness
installation thereof in such plants, erection of for obligation until September 30, 2022. Program to assist State and local governments;
structures, and acquisition of land, for the fore- OPERATIONAL TEST AND EVALUATION, DEFENSE and $782,193,000, to remain available until Sep-
going purposes, and such lands and interests For expenses, not otherwise provided for, nec- tember 30, 2022, shall be for research, develop-
therein, may be acquired, and construction essary for the independent activities of the Di- ment, test and evaluation, of which $775,699,000
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H3999
shall only be for the Assembled Chemical Weap- computed under the provisions of section 5332 of SEC. 8007. (a) Not later than 60 days after en-
ons Alternatives program. title 5, United States Code, or at a rate in excess actment of this Act, the Department of Defense
DRUG INTERDICTION AND COUNTER-DRUG of the percentage increase provided by the ap- shall submit a report to the congressional de-
ACTIVITIES, DEFENSE propriate host nation to its own employees, fense committees to establish the baseline for ap-
whichever is higher: Provided further, That this plication of reprogramming and transfer au-
(INCLUDING TRANSFER OF FUNDS)
section shall not apply to Department of De- thorities for fiscal year 2021: Provided, That the
For drug interdiction and counter-drug activi- fense foreign service national employees serving report shall include—
ties of the Department of Defense, for transfer at United States diplomatic missions whose pay (1) a table for each appropriation with a sepa-
to appropriations available to the Department of is set by the Department of State under the For- rate column to display the President’s budget re-
Defense for military personnel of the reserve eign Service Act of 1980: Provided further, That quest, adjustments made by Congress, adjust-
components serving under the provisions of title the limitations of this provision shall not apply ments due to enacted rescissions, if appropriate,
10 and title 32, United States Code; for operation to foreign national employees of the Department and the fiscal year enacted level;
and maintenance; for procurement; and for re- of Defense in the Republic of Turkey. (2) a delineation in the table for each appro-
search, development, test and evaluation, SEC. 8003. No part of any appropriation con- priation both by budget activity and program,
$746,223,000, of which $421,029,000 shall be for tained in this Act shall remain available for ob- project, and activity as detailed in the Budget
counter-narcotics support; $123,704,000 shall be ligation beyond the current fiscal year, unless Appendix; and
for the drug demand reduction program; expressly so provided herein. (3) an identification of items of special con-
$195,979,000 shall be for the National Guard SEC. 8004. No more than 20 percent of the ap- gressional interest.
counter-drug program; and $5,511,000 shall be propriations in this Act which are limited for (b) Notwithstanding section 8005 of this Act,
for the National Guard counter-drug schools obligation during the current fiscal year shall be none of the funds provided in this Act shall be
program: Provided, That the funds appropriated obligated during the last 2 months of the fiscal available for reprogramming or transfer until
under this heading shall be available for obliga- year: Provided, That this section shall not apply the report identified in subsection (a) is sub-
tion for the same time period and for the same to obligations for support of active duty training mitted to the congressional defense committees,
purpose as the appropriation to which trans- of reserve components or summer camp training unless the Secretary of Defense certifies in writ-
ferred: Provided further, That upon a deter- of the Reserve Officers’ Training Corps. ing to the congressional defense committees that
mination that all or part of the funds trans- (TRANSFER OF FUNDS) such reprogramming or transfer is necessary as
ferred from this appropriation are not necessary SEC. 8005. Upon determination by the Sec- an emergency requirement: Provided, That this
for the purposes provided herein, such amounts retary of Defense that such action is necessary subsection shall not apply to transfers from the
may be transferred back to this appropriation: in the national interest, the Secretary may, with following appropriations accounts:
Provided further, That the transfer authority the approval of the Office of Management and ‘‘Environmental Restoration, Army’’;
provided under this heading is in addition to Budget, transfer not to exceed $1,000,000,000 of ‘‘Environmental Restoration, Navy’’;
any other transfer authority contained else- working capital funds of the Department of De- ‘‘Environmental Restoration, Air Force’’;
where in this Act: Provided further, That funds fense or funds made available in this Act to the ‘‘Environmental Restoration, Defense-Wide’’;
appropriated under this heading for counter- Department of Defense for military functions and
narcotics support may only be transferred 15 (except military construction) between such ap- ‘‘Environmental Restoration, Formerly Used
days following written notification to the con- propriations or funds or any subdivision there- Defense Sites’’.
gressional defense committees. of, to be merged with and to be available for the (TRANSFER OF FUNDS)
OFFICE OF THE INSPECTOR GENERAL same purposes, and for the same time period, as
the appropriation or fund to which transferred: SEC. 8008. During the current fiscal year, cash
For expenses and activities of the Office of the balances in working capital funds of the De-
Provided, That such authority to transfer may
Inspector General in carrying out the provisions partment of Defense established pursuant to sec-
not be used unless for higher priority items,
of the Inspector General Act of 1978, as amend- tion 2208 of title 10, United States Code, may be
based on unforeseen military requirements, than
ed, $387,696,000, of which $385,740,000 shall be maintained in only such amounts as are nec-
those for which originally appropriated and in
for operation and maintenance, of which not to essary at any time for cash disbursements to be
no case where the item for which funds are re-
exceed $700,000 is available for emergencies and made from such funds: Provided, That transfers
quested has been denied by the Congress: Pro-
extraordinary expenses to be expended on the may be made between such funds: Provided fur-
vided further, That the Secretary of Defense
approval or authority of the Inspector General, ther, That transfers may be made between work-
shall notify the Congress promptly of all trans-
and payments may be made on the Inspector ing capital funds and the ‘‘Foreign Currency
fers made pursuant to this authority or any
General’s certificate of necessity for confidential other authority in this Act: Provided further, Fluctuations, Defense’’ appropriation and the
military purposes; of which $858,000, to remain That no part of the funds in this Act shall be ‘‘Operation and Maintenance’’ appropriation
available for obligation until September 30, 2023, available to prepare or present a request to the accounts in such amounts as may be determined
shall be for procurement; and of which Committees on Appropriations of the House of by the Secretary of Defense, with the approval
$1,098,000, to remain available until September Representatives and the Senate for reprogram- of the Office of Management and Budget, except
30, 2022, shall be for research, development, test ming of funds, unless for higher priority items, that such transfers may not be made unless the
and evaluation. based on unforeseen military requirements, than Secretary of Defense has notified the Congress
TITLE VII those for which originally appropriated and in of the proposed transfer: Provided further, That
RELATED AGENCIES no case where the item for which reprogramming except in amounts equal to the amounts appro-
is requested has been denied by the Congress: priated to working capital funds in this Act, no
CENTRAL INTELLIGENCE AGENCY RETIREMENT
Provided further, That a request for multiple obligations may be made against a working cap-
AND DISABILITY SYSTEM FUND
reprogrammings of funds using authority pro- ital fund to procure or increase the value of war
For payment to the Central Intelligence Agen- vided in this section shall be made prior to June reserve material inventory, unless the Secretary
cy Retirement and Disability System Fund, to 30, 2021: Provided further, That transfers among of Defense has notified the Congress prior to
maintain the proper funding level for con- military personnel appropriations shall not be any such obligation.
tinuing the operation of the Central Intelligence taken into account for purposes of the limitation SEC. 8009. Funds appropriated by this Act
Agency Retirement and Disability System, on the amount of funds that may be transferred may not be used to initiate a special access pro-
$514,000,000. under this section. gram without prior notification 30 calendar
INTELLIGENCE COMMUNITY MANAGEMENT SEC. 8006. (a) With regard to the list of spe- days in advance to the congressional defense
ACCOUNT cific programs, projects, and activities (and the committees.
For necessary expenses of the Intelligence dollar amounts and adjustments to budget ac- SEC. 8010. None of the funds provided in this
Community Management Account, $619,728,000. tivities corresponding to such programs, Act shall be available to initiate: (1) a multiyear
projects, and activities) contained in the tables contract that employs economic order quantity
TITLE VIII
titled Explanation of Project Level Adjustments procurement in excess of $20,000,000 in any one
GENERAL PROVISIONS in the explanatory statement regarding this Act, year of the contract or that includes an un-
SEC. 8001. No part of any appropriation con- the obligation and expenditure of amounts ap- funded contingent liability in excess of
tained in this Act shall be used for publicity or propriated or otherwise made available in this $20,000,000; or (2) a contract for advance pro-
propaganda purposes not authorized by the Act for those programs, projects, and activities curement leading to a multiyear contract that
Congress. for which the amounts appropriated exceed the employs economic order quantity procurement in
SEC. 8002. During the current fiscal year, pro- amounts requested are hereby required by law to excess of $20,000,000 in any one year, unless the
visions of law prohibiting the payment of com- be carried out in the manner provided by such congressional defense committees have been no-
pensation to, or employment of, any person not tables to the same extent as if the tables were in- tified at least 30 days in advance of the pro-
a citizen of the United States shall not apply to cluded in the text of this Act. posed contract award: Provided, That no part of
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personnel of the Department of Defense: Pro- (b) Amounts specified in the referenced tables any appropriation contained in this Act shall be
vided, That salary increases granted to direct described in subsection (a) shall not be treated available to initiate a multiyear contract for
and indirect hire foreign national employees of as subdivisions of appropriations for purposes of which the economic order quantity advance pro-
the Department of Defense funded by this Act section 8005 of this Act: Provided, That section curement is not funded at least to the limits of
shall not be at a rate in excess of the percentage 8005 shall apply when transfers of the amounts the Government’s liability: Provided further,
increase authorized by law for civilian employ- described in subsection (a) occur between appro- That no part of any appropriation contained in
ees of the Department of Defense whose pay is priation accounts. this Act shall be available to initiate multiyear
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H4000 CONGRESSIONAL RECORD — HOUSE July 30, 2020
procurement contracts for any systems or com- reductions on workload, military force struc- ment of Defense that procures malt beverages
ponent thereof if the value of the multiyear con- ture, lethality, readiness, operational effective- and wine with nonappropriated funds for resale
tract would exceed $500,000,000 unless specifi- ness, stress on the military force, and fully bur- (including such alcoholic beverages sold by the
cally provided in this Act: Provided further, dened costs. drink) on a military installation located in the
That no multiyear procurement contract can be (c) None of the funds appropriated by this Act United States unless such malt beverages and
terminated without 30-day prior notification to may be used for term or temporary hiring au- wine are procured within that State, or in the
the congressional defense committees: Provided thorities for enduring functions. case of the District of Columbia, within the Dis-
further, That the execution of multiyear author- (d) A projection of the number of full-time trict of Columbia, in which the military installa-
ity shall require the use of a present value anal- equivalent positions shall not be considered a tion is located: Provided, That, in a case in
ysis to determine lowest cost compared to an an- constraint or limitation for purposes of sub- which the military installation is located in
nual procurement: Provided further, That none section (a) and reducing funding for under-exe- more than one State, purchases may be made in
of the funds provided in this Act may be used cution of such a projection shall not be consid- any State in which the installation is located:
for a multiyear contract executed after the date ered managing based on a constraint or limita- Provided further, That such local procurement
of the enactment of this Act unless in the case tion for purposes of such subsection. requirements for malt beverages and wine shall
of any such contract— (e) The fiscal year 2022 budget request for the apply to all alcoholic beverages only for military
(1) the Secretary of Defense has submitted to Department of Defense, and any justification installations in States which are not contiguous
Congress a budget request for full funding of material and other documentation supporting with another State: Provided further, That alco-
units to be procured through the contract and, such request, shall be prepared and submitted to holic beverages other than wine and malt bev-
in the case of a contract for procurement of air- Congress as if subsections (a) and (b) were effec- erages, in contiguous States and the District of
craft, that includes, for any aircraft unit to be tive with respect to such fiscal year. Columbia shall be procured from the most com-
procured through the contract for which pro- (f) Nothing in this section shall be construed petitive source, price and other factors consid-
curement funds are requested in that budget re- to apply to military (civilian) technicians. ered.
quest for production beyond advance procure- SEC. 8013. None of the funds made available SEC. 8018. None of the funds available to the
ment activities in the fiscal year covered by the by this Act shall be used in any way, directly or Department of Defense may be used to demili-
budget, full funding of procurement of such unit indirectly, to influence congressional action on tarize or dispose of M–1 Carbines, M–1 Garand
in that fiscal year; any legislation or appropriation matters pend- rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri-
(2) cancellation provisions in the contract do ing before the Congress. fles, or M–1911 pistols, or to demilitarize or de-
not include consideration of recurring manufac- SEC. 8014. None of the funds appropriated by stroy small arms ammunition or ammunition
turing costs of the contractor associated with this Act shall be available for the basic pay and components that are not otherwise prohibited
the production of unfunded units to be delivered allowances of any member of the Army partici- from commercial sale under Federal law, unless
under the contract; pating as a full-time student and receiving bene- the small arms ammunition or ammunition com-
(3) the contract provides that payments to the fits paid by the Secretary of Veterans Affairs ponents are certified by the Secretary of the
contractor under the contract shall not be made from the Department of Defense Education Ben- Army or designee as unserviceable or unsafe for
in advance of incurred costs on funded units; efits Fund when time spent as a full-time stu- further use.
and dent is credited toward completion of a service SEC. 8019. No more than $500,000 of the funds
(4) the contract does not provide for a price commitment: Provided, That this section shall appropriated or made available in this Act shall
adjustment based on a failure to award a fol- not apply to those members who have reenlisted be used during a single fiscal year for any single
low-on contract. with this option prior to October 1, 1987: Pro- relocation of an organization, unit, activity or
SEC. 8011. Within the funds appropriated for vided further, That this section applies only to function of the Department of Defense into or
the operation and maintenance of the Armed active components of the Army. within the National Capital Region: Provided,
Forces, funds are hereby appropriated pursuant That the Secretary of Defense may waive this
(TRANSFER OF FUNDS)
to section 401 of title 10, United States Code, for restriction on a case-by-case basis by certifying
humanitarian and civic assistance costs under SEC. 8015. Funds appropriated in title III of in writing to the congressional defense commit-
chapter 20 of title 10, United States Code. Such this Act for the Department of Defense Pilot tees that such a relocation is required in the
funds may also be obligated for humanitarian Mentor-Protégé Program may be transferred to best interest of the Government.
and civic assistance costs incidental to author- any other appropriation contained in this Act SEC. 8020. In addition to the funds provided
ized operations and pursuant to authority solely for the purpose of implementing a Men- elsewhere in this Act, $25,000,000 is appropriated
granted in section 401 of title 10, United States tor-Protégé Program developmental assistance only for incentive payments authorized by sec-
Code, and these obligations shall be reported as agreement pursuant to section 831 of the Na- tion 504 of the Indian Financing Act of 1974 (25
required by section 401(d) of title 10, United tional Defense Authorization Act for Fiscal U.S.C. 1544): Provided, That a prime contractor
States Code: Provided, That funds available for Year 1991 (Public Law 101–510; 10 U.S.C. 2302 or a subcontractor at any tier that makes a sub-
operation and maintenance shall be available note), as amended, under the authority of this contract award to any subcontractor or supplier
for providing humanitarian and similar assist- provision or any other transfer authority con- as defined in section 1544 of title 25, United
ance by using Civic Action Teams in the Trust tained in this Act. States Code, or a small business owned and con-
Territories of the Pacific Islands and freely as- SEC. 8016. None of the funds in this Act may trolled by an individual or individuals defined
sociated states of Micronesia, pursuant to the be available for the purchase by the Department under section 4221(9) of title 25, United States
Compact of Free Association as authorized by of Defense (and its departments and agencies) of Code, shall be considered a contractor for the
Public Law 99–239: Provided further, That upon welded shipboard anchor and mooring chain 4 purposes of being allowed additional compensa-
a determination by the Secretary of the Army inches in diameter and under unless the anchor tion under section 504 of the Indian Financing
that such action is beneficial for graduate med- and mooring chain are manufactured in the Act of 1974 (25 U.S.C. 1544) whenever the prime
ical education programs conducted at Army United States from components which are sub- contract or subcontract amount is over $500,000
medical facilities located in Hawaii, the Sec- stantially manufactured in the United States: and involves the expenditure of funds appro-
retary of the Army may authorize the provision Provided, That for the purpose of this section, priated by an Act making appropriations for the
of medical services at such facilities and trans- the term ‘‘manufactured’’ shall include cutting, Department of Defense with respect to any fis-
portation to such facilities, on a nonreimburs- heat treating, quality control, testing of chain cal year: Provided further, That notwith-
able basis, for civilian patients from American and welding (including the forging and shot standing section 1906 of title 41, United States
Samoa, the Commonwealth of the Northern blasting process): Provided further, That for the Code, this section shall be applicable to any De-
Mariana Islands, the Marshall Islands, the Fed- purpose of this section substantially all of the partment of Defense acquisition of supplies or
erated States of Micronesia, Palau, and Guam. components of anchor and mooring chain shall services, including any contract and any sub-
SEC. 8012. (a) During the current fiscal year, be considered to be produced or manufactured contract at any tier for acquisition of commer-
the civilian personnel of the Department of De- in the United States if the aggregate cost of the cial items produced or manufactured, in whole
fense may not be managed on the basis of any components produced or manufactured in the or in part, by any subcontractor or supplier de-
constraint or limitation in terms of man years, United States exceeds the aggregate cost of the fined in section 1544 of title 25, United States
end strength, full-time equivalent positions, or components produced or manufactured outside Code, or a small business owned and controlled
maximum number of employees, but are to be the United States: Provided further, That when by an individual or individuals defined under
managed primarily on the basis of, and in a adequate domestic supplies are not available to section 4221(9) of title 25, United States Code.
manner consistent with— meet Department of Defense requirements on a SEC. 8021. Funds appropriated by this Act for
(1) the total force management policies and timely basis, the Secretary of the Service respon- the Defense Media Activity shall not be used for
procedures established under section 129a of sible for the procurement may waive this restric- any national or international political or psy-
title 10, United States Code; tion on a case-by-case basis by certifying in chological activities.
(2) the workload required to carry out the writing to the Committees on Appropriations of SEC. 8022. During the current fiscal year, the
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functions and activities of the Department; and the House of Representatives and the Senate Department of Defense is authorized to incur
(3) the funds made available to the Depart- that such an acquisition must be made in order obligations of not to exceed $350,000,000 for pur-
ment for such fiscal year. to acquire capability for national security pur- poses specified in section 2350j(c) of title 10,
(b) None of the funds appropriated by this Act poses. United States Code, in anticipation of receipt of
may be used to reduce the civilian workforce SEC. 8017. None of the funds appropriated by contributions, only from the Government of Ku-
programmed full time equivalent levels absent this Act shall be used for the support of any wait, under that section: Provided, That, upon
the appropriate analysis of the impacts of these nonappropriated funds activity of the Depart- receipt, such contributions from the Government
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4001
of Kuwait shall be credited to the appropria- (c) Notwithstanding any other provision of SEC. 8029. (a)(1) If the Secretary of Defense,
tions or fund which incurred such obligations. law, none of the funds available to the depart- after consultation with the United States Trade
SEC. 8023. (a) The Secretary of Defense shall ment from any source during the current fiscal Representative, determines that a foreign coun-
notify the congressional defense committees in year may be used by a defense FFRDC, through try which is party to an agreement described in
writing not more than 15 days after the receipt a fee or other payment mechanism, for construc- paragraph (2) has violated the terms of the
of any contribution of funds received from the tion of new buildings not located on a military agreement by discriminating against certain
government of a foreign country for any pur- installation, for payment of cost sharing for types of products produced in the United States
pose relating to the stationing or operations of projects funded by Government grants, for ab- that are covered by the agreement, the Secretary
the United States Armed Forces. sorption of contract overruns, or for certain of Defense shall rescind the Secretary’s blanket
(b) Any notification submitted under sub- charitable contributions, not to include em- waiver of the Buy American Act with respect to
section (a) shall include the amount of the con- ployee participation in community service and/ such types of products produced in that foreign
tribution; the purpose for which such contribu- or development. country.
tion was made; and the authority under which (d) Notwithstanding any other provision of (2) An agreement referred to in paragraph (1)
such contribution was accepted by the Secretary law, of the funds available to the department is any reciprocal defense procurement memo-
of Defense. during fiscal year 2021, not more than 6,110 staff
(c) The Secretary of Defense shall, not fewer randum of understanding, between the United
years of technical effort (staff years) may be States and a foreign country pursuant to which
than 15 days prior to obligating funds received funded for defense FFRDCs: Provided, That, of
pursuant to subsection (a), submit to the con- the Secretary of Defense has prospectively
the specific amount referred to previously in this waived the Buy American Act for certain prod-
gressional defense committees in writing a noti- subsection, not more than 1,148 staff years may
fication of the details of any such obligation, in- ucts in that country.
be funded for the defense studies and analysis
cluding— (b) The Secretary of Defense shall submit to
FFRDCs: Provided further, That this subsection
(1) the total amount of such contributions and the Congress a report on the amount of Depart-
shall not apply to staff years funded in the Na-
the date received; ment of Defense purchases from foreign entities
tional Intelligence Program and the Military In-
(2) the account or accounts to which such in fiscal year 2021. Such report shall separately
telligence Program.
contributions were deposited and may be subse- (e) The Secretary of Defense shall, with the indicate the dollar value of items for which the
quently transferred; submission of the department’s fiscal year 2022 Buy American Act was waived pursuant to any
(3) a description of the purpose for which budget request, submit a report presenting the agreement described in subsection (a)(2), the
such contributions were made; any contribu- specific amounts of staff years of technical ef- Trade Agreements Act of 1979 (19 U.S.C. 2501 et
tions expected in future years from the foreign fort to be allocated for each defense FFRDC seq.), or any international agreement to which
country; any agreement or memorandum of un- during that fiscal year and the associated budg- the United States is a party.
derstanding between the United States and such et estimates. (c) For purposes of this section, the term ‘‘Buy
country relating to such contributions; and any (f) Notwithstanding any other provision of American Act’’ means chapter 83 of title 41,
associated in-kind contributions; this Act, the total amount appropriated in this United States Code.
(4) the planned use of such contributions, in- Act for FFRDCs is hereby increased by SEC. 8030. During the current fiscal year,
cluding whether such contributions would sup- $21,834,000: Provided, That this subsection shall amounts contained in the Department of De-
port existing or new stationing or operations of not apply to appropriations for the National In- fense Overseas Military Facility Investment Re-
the United States Armed Forces; and telligence Program (NIP) and the Military Intel- covery Account established by section 2921(c)(1)
(5) a list of any additional congressional ac-
ligence Program (MIP). of the National Defense Authorization Act of
tion or notification (other than the notification SEC. 8026. None of the funds appropriated or 1991 (Public Law 101–510; 10 U.S.C. 2687 note)
required by this section) needed prior to the ob- made available in this Act shall be used to pro- shall be available until expended for the pay-
ligation or expenditure of such contributions. cure carbon, alloy, or armor steel plate for use ments specified by section 2921(c)(2) of that Act.
(d) Nothing in this section may be construed
in any Government-owned facility or property SEC. 8031. (a) Notwithstanding any other pro-
to authorize the Secretary to accept contribu-
under the control of the Department of Defense vision of law, the Secretary of the Air Force
tions from a foreign country.
SEC. 8024. (a) Of the funds made available in which were not melted and rolled in the United may convey at no cost to the Air Force, without
this Act, not less than $56,205,000 shall be avail- States or Canada: Provided, That these procure- consideration, to Indian tribes located in the
able for the Civil Air Patrol Corporation, of ment restrictions shall apply to any and all Fed- States of Nevada, Idaho, North Dakota, South
which— eral Supply Class 9515, American Society of Dakota, Montana, Oregon, Minnesota, and
(1) $43,205,000 shall be available from ‘‘Oper- Testing and Materials (ASTM) or American Iron Washington relocatable military housing units
ation and Maintenance, Air Force’’ to support and Steel Institute (AISI) specifications of car- located at Grand Forks Air Force Base,
Civil Air Patrol Corporation operation and bon, alloy or armor steel plate: Provided further, Malmstrom Air Force Base, Mountain Home Air
maintenance, readiness, counter-drug activities, That the Secretary of the military department Force Base, Ellsworth Air Force Base, and
and drug demand reduction activities involving responsible for the procurement may waive this Minot Air Force Base that are excess to the
youth programs; restriction on a case-by-case basis by certifying needs of the Air Force.
(2) $11,200,000 shall be available from ‘‘Air- in writing to the Committees on Appropriations (b) The Secretary of the Air Force shall con-
craft Procurement, Air Force’’; and of the House of Representatives and the Senate vey, at no cost to the Air Force, military hous-
(3) $1,800,000 shall be available from ‘‘Other that adequate domestic supplies are not avail- ing units under subsection (a) in accordance
Procurement, Air Force’’ for vehicle procure- able to meet Department of Defense require- with the request for such units that are sub-
ment. ments on a timely basis and that such an acqui- mitted to the Secretary by the Operation Walk-
(b) The Secretary of the Air Force should sition must be made in order to acquire capa- ing Shield Program on behalf of Indian tribes
waive reimbursement for any funds used by the bility for national security purposes: Provided located in the States of Nevada, Idaho, North
Civil Air Patrol for counter-drug activities in further, That these restrictions shall not apply Dakota, South Dakota, Montana, Oregon, Min-
support of Federal, State, and local government to contracts which are in being as of the date of nesota, and Washington. Any such conveyance
agencies. the enactment of this Act. shall be subject to the condition that the hous-
SEC. 8025. (a) None of the funds appropriated SEC. 8027. For the purposes of this Act, the ing units shall be removed within a reasonable
in this Act are available to establish a new De- term ‘‘congressional defense committees’’ means period of time, as determined by the Secretary.
partment of Defense (department) federally the Armed Services Committee of the House of
(c) The Operation Walking Shield Program
funded research and development center Representatives, the Armed Services Committee
shall resolve any conflicts among requests of In-
(FFRDC), either as a new entity, or as a sepa- of the Senate, the Subcommittee on Defense of
dian tribes for housing units under subsection
rate entity administrated by an organization the Committee on Appropriations of the Senate,
(a) before submitting requests to the Secretary of
managing another FFRDC, or as a nonprofit and the Subcommittee on Defense of the Com-
the Air Force under subsection (b).
membership corporation consisting of a consor- mittee on Appropriations of the House of Rep-
tium of other FFRDCs and other nonprofit enti- resentatives. (d) In this section, the term ‘‘Indian tribe’’
ties. SEC. 8028. During the current fiscal year, the means any recognized Indian tribe included on
(b) No member of a Board of Directors, Trust- Department of Defense may acquire the modi- the current list published by the Secretary of the
ees, Overseers, Advisory Group, Special Issues fication, depot maintenance and repair of air- Interior under section 104 of the Federally Rec-
Panel, Visiting Committee, or any similar entity craft, vehicles and vessels as well as the produc- ognized Indian Tribe Act of 1994 (Public Law
of a defense FFRDC, and no paid consultant to tion of components and other Defense-related 103–454; 108 Stat. 4792; 25 U.S.C. 5131).
any defense FFRDC, except when acting in a articles, through competition between Depart- SEC. 8032. During the current fiscal year, ap-
technical advisory capacity, may be com- ment of Defense depot maintenance activities propriations which are available to the Depart-
pensated for his or her services as a member of and private firms: Provided, That the Senior Ac- ment of Defense for operation and maintenance
such entity, or as a paid consultant by more quisition Executive of the military department may be used to purchase items having an invest-
ment item unit cost of not more than $250,000.
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than one FFRDC in a fiscal year: Provided, or Defense Agency concerned, with power of
That a member of any such entity referred to delegation, shall certify that successful bids in- SEC. 8033. Up to $14,000,000 of the funds ap-
previously in this subsection shall be allowed clude comparable estimates of all direct and in- propriated under the heading ‘‘Operation and
travel expenses and per diem as authorized direct costs for both public and private bids: Maintenance, Navy’’ may be made available for
under the Federal Joint Travel Regulations, Provided further, That Office of Management the Asia Pacific Regional Initiative Program for
when engaged in the performance of member- and Budget Circular A–76 shall not apply to the purpose of enabling the United States Indo-
ship duties. competitions conducted under this section. Pacific Command to execute Theater Security
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H4002 CONGRESSIONAL RECORD — HOUSE July 30, 2020
Cooperation activities such as humanitarian as- plete estimates for mitigation, on Indian lands (3) the contractor does not receive an advan-
sistance, and payment of incremental and per- resulting from Department of Defense activities. tage for a proposal that would reduce costs for
sonnel costs of training and exercising with for- SEC. 8038. (a) None of the funds appropriated the Department of Defense by—
eign security forces: Provided, That funds made in this Act may be expended by an entity of the (A) not making an employer-sponsored health
available for this purpose may be used, notwith- Department of Defense unless the entity, in ex- insurance plan available to the workers who are
standing any other funding authorities for hu- pending the funds, complies with the Buy Amer- to be employed in the performance of that activ-
manitarian assistance, security assistance or ican Act. For purposes of this subsection, the ity or function under the contract; or
combined exercise expenses: Provided further, term ‘‘Buy American Act’’ means chapter 83 of (B) offering to such workers an employer-
That funds may not be obligated to provide as- title 41, United States Code. sponsored health benefits plan that requires the
sistance to any foreign country that is otherwise (b) If the Secretary of Defense determines that employer to contribute less towards the premium
prohibited from receiving such type of assistance a person has been convicted of intentionally or subscription share than the amount that is
under any other provision of law. affixing a label bearing a ‘‘Made in America’’ paid by the Department of Defense for health
SEC. 8034. The Secretary of Defense shall issue inscription to any product sold in or shipped to benefits for civilian employees under chapter 89
regulations to prohibit the sale of any tobacco the United States that is not made in America, of title 5, United States Code.
or tobacco-related products in military resale the Secretary shall determine, in accordance (b)(1) The Department of Defense, without re-
outlets in the United States, its territories and with section 2410f of title 10, United States Code, gard to subsection (a) of this section or sub-
possessions at a price below the most competitive whether the person should be debarred from section (a), (b), or (c) of section 2461 of title 10,
price in the local community: Provided, That contracting with the Department of Defense. United States Code, and notwithstanding any
such regulations shall direct that the prices of (c) In the case of any equipment or products administrative regulation, requirement, or policy
tobacco or tobacco-related products in overseas purchased with appropriations provided under to the contrary shall have full authority to
military retail outlets shall be within the range this Act, it is the sense of the Congress that any enter into a contract for the performance of any
of prices established for military retail system entity of the Department of Defense, in expend- commercial or industrial type function of the
stores located in the United States. ing the appropriation, purchase only American- Department of Defense that—
SEC. 8035. (a) During the current fiscal year, made equipment and products, provided that (A) is included on the procurement list estab-
none of the appropriations or funds available to American-made equipment and products are lished pursuant to section 2 of the Javits-Wag-
the Department of Defense Working Capital cost-competitive, quality competitive, and avail- ner-O’Day Act (section 8503 of title 41, United
Funds shall be used for the purchase of an in- able in a timely fashion. States Code);
vestment item for the purpose of acquiring a SEC. 8039. (a) Except as provided in sub- (B) is planned to be converted to performance
new inventory item for sale or anticipated sale sections (b) and (c), none of the funds made by a qualified nonprofit agency for the blind or
during the current fiscal year or a subsequent available by this Act may be used— by a qualified nonprofit agency for other se-
fiscal year to customers of the Department of (1) to establish a field operating agency; or verely handicapped individuals in accordance
Defense Working Capital Funds if such an item (2) to pay the basic pay of a member of the with that Act; or
(C) is planned to be converted to performance
would not have been chargeable to the Depart- Armed Forces or civilian employee of the depart-
by a qualified firm under at least 51 percent
ment of Defense Business Operations Fund dur- ment who is transferred or reassigned from a
ownership by an Indian tribe, as defined in sec-
ing fiscal year 1994 and if the purchase of such headquarters activity if the member or employ-
tion 4(e) of the Indian Self-Determination and
an investment item would be chargeable during ee’s place of duty remains at the location of that
Education Assistance Act (25 U.S.C. 450b(e)), or
the current fiscal year to appropriations made headquarters.
a Native Hawaiian Organization, as defined in
to the Department of Defense for procurement. (b) The Secretary of Defense or Secretary of a
section 8(a)(15) of the Small Business Act (15
(b) The fiscal year 2022 budget request for the military department may waive the limitations
U.S.C. 637(a)(15)).
Department of Defense as well as all justifica- in subsection (a), on a case-by-case basis, if the
(2) This section shall not apply to depot con-
tion material and other documentation sup- Secretary determines, and certifies to the Com-
tracts or contracts for depot maintenance as
porting the fiscal year 2022 Department of De- mittees on Appropriations of the House of Rep-
provided in sections 2469 and 2474 of title 10,
fense budget shall be prepared and submitted to resentatives and the Senate that the granting of
United States Code.
the Congress on the basis that any equipment the waiver will reduce the personnel require- (c) The conversion of any activity or function
which was classified as an end item and funded ments or the financial requirements of the de- of the Department of Defense under the author-
in a procurement appropriation contained in partment. ity provided by this section shall be credited to-
this Act shall be budgeted for in a proposed fis- (c) This section does not apply to— ward any competitive or outsourcing goal, tar-
cal year 2022 procurement appropriation and (1) field operating agencies funded within the get, or measurement that may be established by
not in the supply management business area or National Intelligence Program; statute, regulation, or policy and is deemed to
any other area or category of the Department of (2) an Army field operating agency established be awarded under the authority of, and in com-
Defense Working Capital Funds. to eliminate, mitigate, or counter the effects of pliance with, subsection (h) of section 2304 of
SEC. 8036. None of the funds appropriated by improvised explosive devices, and, as determined title 10, United States Code, for the competition
this Act for programs of the Central Intelligence by the Secretary of the Army, other similar or outsourcing of commercial activities.
Agency shall remain available for obligation be- threats;
(RESCISSIONS)
yond the current fiscal year, except for funds (3) an Army field operating agency established
appropriated for the Reserve for Contingencies, to improve the effectiveness and efficiencies of SEC. 8041. Of the funds appropriated in De-
which shall remain available until September 30, biometric activities and to integrate common bio- partment of Defense Appropriations Acts, the
2022: Provided, That funds appropriated, trans- metric technologies throughout the Department following funds are hereby rescinded from the
ferred, or otherwise credited to the Central In- of Defense; or following accounts and programs in the speci-
telligence Agency Central Services Working (4) an Air Force field operating agency estab- fied amounts: Provided, That no amounts may
Capital Fund during this or any prior or subse- lished to administer the Air Force Mortuary Af- be rescinded from amounts that were designated
quent fiscal year shall remain available until ex- fairs Program and Mortuary Operations for the by the Congress for Overseas Contingency Oper-
pended: Provided further, That any funds ap- Department of Defense and authorized Federal ations/Global War on Terrorism or as an emer-
propriated or transferred to the Central Intel- entities. gency requirement pursuant to a concurrent res-
ligence Agency for advanced research and de- SEC. 8040. (a) None of the funds appropriated olution on the budget or the Balanced Budget
velopment acquisition, for agent operations, and by this Act shall be available to convert to con- and Emergency Deficit Control Act of 1985, as
for covert action programs authorized by the tractor performance an activity or function of amended:
President under section 503 of the National Se- the Department of Defense that, on or after the ‘‘Weapons and Tracked Combat Vehicles,
curity Act of 1947 (50 U.S.C. 3093) shall remain date of the enactment of this Act, is performed Army’’, 2019/2021, $14,250,000;
‘‘Other Procurement, Army’’, 2019/2021,
available until September 30, 2022: Provided fur- by Department of Defense civilian employees
$12,953,000;
ther, That any funds appropriated or trans- unless—
‘‘Aircraft Procurement, Navy’’, 2019/2021,
ferred to the Central Intelligence Agency for the (1) the conversion is based on the result of a
$7,983,000;
construction, improvement, or alteration of fa- public-private competition that includes a most ‘‘Other Procurement, Navy’’, 2019/2021,
cilities, including leased facilities, to be used efficient and cost effective organization plan de- $2,226,000;
primarily by personnel of the intelligence com- veloped by such activity or function; ‘‘Aircraft Procurement, Air Force’’, 2019/2021,
munity shall remain available until September (2) the Competitive Sourcing Official deter- $236,624,000;
30, 2023. mines that, over all performance periods stated ‘‘Other Procurement, Air Force’’, 2019/2021,
SEC. 8037. Of the funds appropriated to the in the solicitation of offers for performance of $12,400,000;
Department of Defense under the heading ‘‘Op- the activity or function, the cost of performance ‘‘Operation and Maintenance, Defense-Wide:
eration and Maintenance, Defense-Wide’’, not of the activity or function by a contractor would Defense Security Cooperation Agency’’, 2020/
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less than $12,000,000 shall be made available be less costly to the Department of Defense by 2021, $20,000,000;
only for the mitigation of environmental im- an amount that equals or exceeds the lesser of— ‘‘Weapons and Tracked Combat Vehicles,
pacts, including training and technical assist- (A) 10 percent of the most efficient organiza- Army’’, 2020/2022, $93,840,000;
ance to tribes, related administrative support, tion’s personnel-related costs for performance of ‘‘Other Procurement, Army’’, 2020/2022,
the gathering of information, documenting of that activity or function by Federal employees; $10,878,000;
environmental damage, and developing a system or ‘‘Aircraft Procurement, Navy’’, 2020/2022,
for prioritization of mitigation and cost to com- (B) $10,000,000; and $351,009,000;
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4003
‘‘Shipbuilding and Conversation, Navy: CVN SEC. 8047. In addition to the amounts appro- the President for fiscal year 2022 (as submitted
Refueling Overhauls’’, 2020/2024, $13,100,000; priated or otherwise made available elsewhere in to Congress pursuant to section 1105 of title 31,
‘‘Shipbuilding and Conversion, Navy: TAO this Act, $47,500,000 is hereby appropriated to United States Code) a statement describing each
Fleet Oiler (AP)’’, 2020/2024, $73,000,000; the Department of Defense: Provided, That instance if any, during each of the fiscal years
‘‘Other Procurement, Navy’’, 2020/2022, upon the determination of the Secretary of De- 2016 through 2021 in which the authority in this
$60,920,000; fense that it shall serve the national interest, section was exercised.
‘‘Procurement, Marine Corps’’, 2020/2022, the Secretary shall make grants in the amounts SEC. 8053. (a) Notwithstanding any other pro-
$33,539,000; specified as follows: $22,500,000 to the United vision of law, the Chief of the National Guard
‘‘Aircraft Procurement, Air Force’’, 2020/2022, Service Organizations and $25,000,000 to the Red Bureau may permit the use of equipment of the
$439,458,000; Cross. National Guard Distance Learning Project by
‘‘Missile Procurement, Air Force’’, 2020/2022, SEC. 8048. None of the funds in this Act may any person or entity on a space-available, reim-
$24,500,000; be used to purchase any supercomputer which is bursable basis. The Chief of the National Guard
‘‘Other Procurement, Air Force’’, 2020/2022, not manufactured in the United States, unless Bureau shall establish the amount of reimburse-
$11,226,000; the Secretary of Defense certifies to the congres- ment for such use on a case-by-case basis.
‘‘Research, Development, Test and Evalua- sional defense committees that such an acquisi-
tion, Army’’, 2020/2021, $310,622,000; (b) Amounts collected under subsection (a)
tion must be made in order to acquire capability shall be credited to funds available for the Na-
‘‘Research, Development, Test and Evalua- for national security purposes that is not avail-
tion, Navy’’, 2020/2021, $70,000,000; tional Guard Distance Learning Project and be
able from United States manufacturers. available to defray the costs associated with the
‘‘Research, Development, Test and Evalua- SEC. 8049. Notwithstanding any other provi-
tion, Air Force’’, 2020/2021, $219,341,000; use of equipment of the project under that sub-
sion in this Act, the Small Business Innovation section. Such funds shall be available for such
‘‘Research, Development, Test and Evalua- Research program and the Small Business Tech-
tion, Defense-Wide’’, 2020/2021, $323,231,000; and purposes without fiscal year limitation.
nology Transfer program set-asides shall be
‘‘Defense Counterintelligence and Security (INCLUDING TRANSFER OF FUNDS)
taken proportionally from all programs,
Agency Working Capital Fund’’, 2020/20XX,
projects, or activities to the extent they con- SEC. 8054. Of the funds appropriated in this
$150,000,000.
tribute to the extramural budget. Act under the heading ‘‘Operation and Mainte-
SEC. 8042. None of the funds available in this
SEC. 8050. None of the funds available to the nance, Defense-Wide’’, $40,000,000 shall be for
Act may be used to reduce the authorized posi-
Department of Defense under this Act shall be continued implementation and expansion of the
tions for military technicians (dual status) of
obligated or expended to pay a contractor under Sexual Assault Special Victims’ Counsel Pro-
the Army National Guard, Air National Guard,
a contract with the Department of Defense for gram: Provided, That the funds are made avail-
Army Reserve and Air Force Reserve for the
costs of any amount paid by the contractor to able for transfer to the Department of the Army,
purpose of applying any administratively im-
an employee when— the Department of the Navy, and the Depart-
posed civilian personnel ceiling, freeze, or reduc-
(1) such costs are for a bonus or otherwise in ment of the Air Force: Provided further, That
tion on military technicians (dual status), un-
excess of the normal salary paid by the con- funds transferred shall be merged with and
less such reductions are a direct result of a re-
tractor to the employee; and available for the same purposes and for the
duction in military force structure. (2) such bonus is part of restructuring costs same time period as the appropriations to which
SEC. 8043. None of the funds appropriated or
associated with a business combination. the funds are transferred: Provided further,
otherwise made available in this Act may be ob-
(INCLUDING TRANSFER OF FUNDS) That this transfer authority is in addition to
ligated or expended for assistance to the Demo-
SEC. 8051. During the current fiscal year, no any other transfer authority provided in this
cratic People’s Republic of Korea unless specifi-
more than $30,000,000 of appropriations made in Act.
cally appropriated for that purpose.
SEC. 8044. Funds appropriated in this Act for this Act under the heading ‘‘Operation and SEC. 8055. None of the funds appropriated in
operation and maintenance of the Military De- Maintenance, Defense-Wide’’ may be trans- title IV of this Act may be used to procure end-
partments, Combatant Commands and Defense ferred to appropriations available for the pay of items for delivery to military forces for oper-
Agencies shall be available for reimbursement of military personnel, to be merged with, and to be ational training, operational use or inventory
pay, allowances and other expenses which available for the same time period as the appro- requirements: Provided, That this restriction
would otherwise be incurred against appropria- priations to which transferred, to be used in does not apply to end-items used in develop-
tions for the National Guard and Reserve when support of such personnel in connection with ment, prototyping, and test activities preceding
members of the National Guard and Reserve support and services for eligible organizations and leading to acceptance for operational use:
provide intelligence or counterintelligence sup- and activities outside the Department of Defense Provided further, That the Secretary of Defense
port to Combatant Commands, Defense Agencies pursuant to section 2012 of title 10, United shall, at the time of the submittal to Congress of
and Joint Intelligence Activities, including the States Code. the budget of the President for fiscal year 2022
activities and programs included within the Na- SEC. 8052. During the current fiscal year, in pursuant to section 1105 of title 31, United
tional Intelligence Program and the Military In- the case of an appropriation account of the De- States Code, submit to the congressional defense
telligence Program: Provided, That nothing in partment of Defense for which the period of committees a report detailing the use of funds
this section authorizes deviation from estab- availability for obligation has expired or which requested in research, development, test and
lished Reserve and National Guard personnel has closed under the provisions of section 1552 evaluation accounts for end-items used in devel-
and training procedures. of title 31, United States Code, and which has a opment, prototyping and test activities pre-
SEC. 8045. (a) None of the funds available to negative unliquidated or unexpended balance, ceding and leading to acceptance for oper-
the Department of Defense for any fiscal year an obligation or an adjustment of an obligation ational use: Provided further, That the report
for drug interdiction or counter-drug activities may be charged to any current appropriation shall set forth, for each end-item covered by the
may be transferred to any other department or account for the same purpose as the expired or preceding proviso, a detailed list of the statutory
agency of the United States except as specifi- closed account if— authorities under which amounts in the ac-
cally provided in an appropriations law. (1) the obligation would have been properly counts described in that proviso were used for
(b) None of the funds available to the Central chargeable (except as to amount) to the expired such item: Provided further, That this restric-
Intelligence Agency for any fiscal year for drug or closed account before the end of the period of tion does not apply to programs funded within
interdiction or counter-drug activities may be availability or closing of that account; the National Intelligence Program: Provided
transferred to any other department or agency (2) the obligation is not otherwise properly further, That the Secretary of Defense may
of the United States except as specifically pro- chargeable to any current appropriation ac- waive this restriction on a case-by-case basis by
vided in an appropriations law. count of the Department of Defense; and certifying in writing to the Committees on Ap-
SEC. 8046. None of the funds appropriated by (3) in the case of an expired account, the obli- propriations of the House of Representatives
this Act may be used for the procurement of ball gation is not chargeable to a current appropria- and the Senate that it is in the national security
and roller bearings other than those produced tion of the Department of Defense under the interest to do so.
by a domestic source and of domestic origin: provisions of section 1405(b)(8) of the National SEC. 8056. (a) The Secretary of Defense may,
Provided, That the Secretary of the military de- Defense Authorization Act for Fiscal Year 1991, on a case-by-case basis, waive with respect to a
partment responsible for such procurement may Public Law 101–510, as amended (31 U.S.C. 1551 foreign country each limitation on the procure-
waive this restriction on a case-by-case basis by note): Provided, That in the case of an expired ment of defense items from foreign sources pro-
certifying in writing to the Committees on Ap- account, if subsequent review or investigation vided in law if the Secretary determines that the
propriations of the House of Representatives discloses that there was not in fact a negative application of the limitation with respect to that
and the Senate, that adequate domestic supplies unliquidated or unexpended balance in the ac- country would invalidate cooperative programs
are not available to meet Department of Defense count, any charge to a current account under entered into between the Department of Defense
requirements on a timely basis and that such an the authority of this section shall be reversed and the foreign country, or would invalidate re-
ciprocal trade agreements for the procurement of
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acquisition must be made in order to acquire ca- and recorded against the expired account: Pro-
pability for national security purposes: Provided vided further, That the total amount charged to defense items entered into under section 2531 of
further, That this restriction shall not apply to a current appropriation under this section may title 10, United States Code, and the country
the purchase of ‘‘commercial items’’, as defined not exceed an amount equal to 1 percent of the does not discriminate against the same or simi-
by section 103 of title 41, United States Code, ex- total appropriation for that account: lar defense items produced in the United States
cept that the restriction shall apply to ball or Provided, That the Under Secretary of Defense for that country.
roller bearings purchased as end items. (Comptroller) shall include with the budget of (b) Subsection (a) applies with respect to—
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H4004 CONGRESSIONAL RECORD — HOUSE July 30, 2020
(1) contracts and subcontracts entered into on (INCLUDING TRANSFER OF FUNDS) SEC. 8068. Any notice that is required to be
or after the date of the enactment of this Act; SEC. 8063. Of the amounts appropriated in this submitted to the Committees on Appropriations
and Act under the heading ‘‘Operation and Mainte- of the House of Representatives and the Senate
(2) options for the procurement of items that nance, Army’’, $137,724,000 shall remain avail- under section 806(c)(4) of the Bob Stump Na-
are exercised after such date under contracts able until expended: Provided, That, notwith- tional Defense Authorization Act for Fiscal
that are entered into before such date if the op- standing any other provision of law, the Sec- Year 2003 (10 U.S.C. 2302 note) after the date of
tion prices are adjusted for any reason other retary of Defense is authorized to transfer such the enactment of this Act shall be submitted
than the application of a waiver granted under funds to other activities of the Federal Govern- pursuant to that requirement concurrently to
subsection (a). ment: Provided further, That the Secretary of the Subcommittees on Defense of the Committees
(c) Subsection (a) does not apply to a limita- Defense is authorized to enter into and carry on Appropriations of the House of Representa-
tion regarding construction of public vessels, out contracts for the acquisition of real prop- tives and the Senate.
ball and roller bearings, food, and clothing or erty, construction, personal services, and oper- (INCLUDING TRANSFER OF FUNDS)
textile materials as defined by section XI (chap- ations related to projects carrying out the pur- SEC. 8069. Of the amounts appropriated in this
ters 50–65) of the Harmonized Tariff Schedule of poses of this section: Provided further, That Act under the headings ‘‘Procurement, Defense-
the United States and products classified under contracts entered into under the authority of Wide’’ and ‘‘Research, Development, Test and
headings 4010, 4202, 4203, 6401 through 6406, this section may provide for such indemnifica- Evaluation, Defense-Wide’’, $500,000,000 shall be
6505, 7019, 7218 through 7229, 7304.41 through tion as the Secretary determines to be necessary: for the Israeli Cooperative Programs: Provided,
7304.49, 7306.40, 7502 through 7508, 8105, 8108, Provided further, That projects authorized by That of this amount, $73,000,000 shall be for the
8109, 8211, 8215, and 9404. this section shall comply with applicable Fed- Secretary of Defense to provide to the Govern-
SEC. 8057. None of the funds appropriated or eral, State, and local law to the maximum extent ment of Israel for the procurement of the Iron
otherwise made available by this or other De- consistent with the national security, as deter- Dome defense system to counter short-range
partment of Defense Appropriations Acts may be mined by the Secretary of Defense. rocket threats, subject to the U.S.-Israel Iron
obligated or expended for the purpose of per- SEC. 8064. (a) None of the funds appropriated Dome Procurement Agreement, as amended;
forming repairs or maintenance to military fam- in this or any other Act may be used to take any $177,000,000 shall be for the Short Range Bal-
ily housing units of the Department of Defense, action to modify— listic Missile Defense (SRBMD) program, includ-
including areas in such military family housing (1) the appropriations account structure for
ing cruise missile defense research and develop-
units that may be used for the purpose of con- the National Intelligence Program budget, in-
ment under the SRBMD program, of which
ducting official Department of Defense business. cluding through the creation of a new appro-
$50,000,000 shall be for co-production activities
priation or new appropriation account;
SEC. 8058. Notwithstanding any other provi- of SRBMD systems in the United States and in
(2) how the National Intelligence Program
sion of law, funds appropriated in this Act Israel to meet Israel’s defense requirements con-
budget request is presented in the unclassified
under the heading ‘‘Research, Development, sistent with each nation’s laws, regulations,
P-1, R-1, and O-1 documents supporting the De-
Test and Evaluation, Defense-Wide’’ for any and procedures, subject to the U.S.-Israeli co-
partment of Defense budget request;
new start advanced concept technology dem- production agreement for SRBMD, as amended;
(3) the process by which the National Intel-
onstration project or joint capability demonstra- $77,000,000 shall be for an upper-tier component
ligence Program appropriations are apportioned
tion project may only be obligated 45 days after to the Israeli Missile Defense Architecture, of
to the executing agencies; or
a report, including a description of the project, (4) the process by which the National Intel- which $77,000,000 shall be for co-production ac-
the planned acquisition and transition strategy ligence Program appropriations are allotted, ob- tivities of Arrow 3 Upper Tier systems in the
and its estimated annual and total cost, has ligated, and disbursed. United States and in Israel to meet Israel’s de-
been provided in writing to the congressional (b) Nothing in subsection (a) shall be con- fense requirements consistent with each nation’s
defense committees. strued to prohibit the merger of programs or laws, regulations, and procedures, subject to the
SEC. 8059. The Secretary of Defense shall con- changes to the National Intelligence Program U.S.-Israeli co-production agreement for Arrow
tinue to provide a classified quarterly report to budget at or below the Expenditure Center level, 3 Upper Tier, as amended; and $173,000,000 shall
the Committees on Appropriations of the House provided such change is otherwise in accord- be for the Arrow System Improvement Program
of Representatives and the Senate, Subcommit- ance with paragraphs (a)(1)-(3). including development of a long range, ground
tees on Defense on certain matters as directed in SEC. 8065. In addition to amounts provided and airborne, detection suite: Provided further,
the classified annex accompanying this Act. elsewhere in this Act, $5,000,000 is hereby appro- That the transfer authority provided under this
SEC. 8060. Notwithstanding section 12310(b) of priated to the Department of Defense, to remain provision is in addition to any other transfer
title 10, United States Code, a Reserve who is a available for obligation until expended: Pro- authority contained in this Act.
member of the National Guard serving on full- vided, That notwithstanding any other provi- (INCLUDING TRANSFER OF FUNDS)
time National Guard duty under section 502(f) sion of law, that upon the determination of the SEC. 8070. Of the amounts appropriated in this
of title 32, United States Code, may perform du- Secretary of Defense that it shall serve the na- Act under the heading ‘‘Shipbuilding and Con-
ties in support of the ground-based elements of tional interest, these funds shall be available version, Navy’’, $369,112,000 shall be available
the National Ballistic Missile Defense System. only for a grant to the Fisher House Founda- until September 30, 2021, to fund prior year ship-
SEC. 8061. None of the funds provided in this tion, Inc., only for the construction and fur- building cost increases: Provided, That upon en-
Act may be used to transfer to any nongovern- nishing of additional Fisher Houses to meet the actment of this Act, the Secretary of the Navy
mental entity ammunition held by the Depart- needs of military family members when con- shall transfer funds to the following appropria-
ment of Defense that has a center-fire cartridge fronted with the illness or hospitalization of an tions in the amounts specified: Provided further,
and a United States military nomenclature des- eligible military beneficiary. That the amounts transferred shall be merged
ignation of ‘‘armor penetrator’’, ‘‘armor piercing (INCLUDING TRANSFER OF FUNDS) with and be available for the same purposes as
(AP)’’, ‘‘armor piercing incendiary (API)’’, or SEC. 8066. Of the amounts appropriated for the appropriations to which transferred to:
‘‘armor-piercing incendiary tracer (API–T)’’, ex- ‘‘Operation and Maintenance, Navy’’, up to (1) Under the heading ‘‘Shipbuilding and
cept to an entity performing demilitarization $1,000,000 shall be available for transfer to the Conversion, Navy’’, 2008/2021: Carrier Replace-
services for the Department of Defense under a John C. Stennis Center for Public Service Devel- ment Program $71,000,000;
contract that requires the entity to demonstrate opment Trust Fund established under section (2) Under the heading ‘‘Shipbuilding and
to the satisfaction of the Department of Defense 116 of the John C. Stennis Center for Public Conversion, Navy’’, 2015/2021: DDG-51 Destroyer
that armor piercing projectiles are either: (1) Service Training and Development Act (2 U.S.C. $9,634,000;
rendered incapable of reuse by the demilitariza- 1105). (3) Under the heading ‘‘Shipbuilding and
tion process; or (2) used to manufacture ammu- SEC. 8067. None of the funds available to the Conversion, Navy’’, 2016/2021: CVN Refueling
nition pursuant to a contract with the Depart- Department of Defense may be obligated to mod- Overhauls $198,000,000;
ment of Defense or the manufacture of ammuni- ify command and control relationships to give (4) Under the heading ‘‘Shipbuilding and
tion for export pursuant to a License for Perma- Fleet Forces Command operational and adminis- Conversion, Navy’’, 2016/2021: LPD-17
nent Export of Unclassified Military Articles trative control of United States Navy forces as- $30,578,000;
issued by the Department of State. signed to the Pacific fleet: Provided, That the (5) Under the heading ‘‘Shipbuilding and
SEC. 8062. Notwithstanding any other provi- command and control relationships which ex- Conversion, Navy’’, 2016/2021: TAO Fleet Oiler
sion of law, the Chief of the National Guard isted on October 1, 2004, shall remain in force $42,500,000; and
Bureau, or his designee, may waive payment of until a written modification has been proposed (6) Under the heading ‘‘Shipbuilding and
all or part of the consideration that otherwise to the Committees on Appropriations of the Conversion, Navy’’, 2018/2021: TAO Fleet Oiler
would be required under section 2667 of title 10, House of Representatives and the Senate: Pro- $17,400,000.
United States Code, in the case of a lease of per- vided further, That the proposed modification SEC. 8071. Funds appropriated by this Act, or
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sonal property for a period not in excess of 1 may be implemented 30 days after the notifica- made available by the transfer of funds in this
year to any organization specified in section tion unless an objection is received from either Act, for intelligence activities are deemed to be
508(d) of title 32, United States Code, or any the House or Senate Appropriations Committees: specifically authorized by the Congress for pur-
other youth, social, or fraternal nonprofit orga- Provided further, That any proposed modifica- poses of section 504 of the National Security Act
nization as may be approved by the Chief of the tion shall not preclude the ability of the com- of 1947 (50 U.S.C. 3094) during fiscal year 2021
National Guard Bureau, or his designee, on a mander of United States Indo-Pacific Command until the enactment of the Intelligence Author-
case-by-case basis. to meet operational requirements. ization Act for Fiscal Year 2021.
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4005
SEC. 8072. None of the funds provided in this relating to the employment of unmanned aerial (4) transfers funding between appropriations,
Act shall be available for obligation or expendi- vehicles. unless the congressional intelligence committees
ture through a reprogramming of funds that cre- SEC. 8079. None of the funds appropriated by are notified 30 days in advance of such re-
ates or initiates a new program, project, or ac- this Act for programs of the Office of the Direc- programming of funds; this notification period
tivity, unless the Secretary of Defense notifies tor of National Intelligence shall remain avail- may be reduced for urgent national security re-
the congressional defense committees not less able for obligation beyond the current fiscal quirements.
than 30 days in advance (or in an emergency, as year, except for funds appropriated for research (b) None of the funds provided for the Na-
far in advance as practicable) that such pro- and technology, which shall remain available tional Intelligence Program in this or any prior
gram, project, or activity must be undertaken until September 30, 2022. appropriations Act shall be available for obliga-
immediately in the interest of national security SEC. 8080. For purposes of section 1553(b) of tion or expenditure through a reprogramming or
and only after written prior notification to the title 31, United States Code, any subdivision of transfer of funds in accordance with section
congressional defense committees. appropriations made in this Act under the head- 102A(d) of the National Security Act of 1947 (50
SEC. 8073. The budget of the President for fis- ing ‘‘Shipbuilding and Conversion, Navy’’ shall U.S.C. 3024(d)) that results in a cumulative in-
cal year 2022 submitted to the Congress pursu- be considered to be for the same purpose as any crease or decrease of the levels specified in the
ant to section 1105 of title 31, United States subdivision under the heading ‘‘Shipbuilding classified annex accompanying the Act unless
Code, shall include separate budget justification and Conversion, Navy’’ appropriations in any the congressional intelligence committees are no-
documents for costs of United States Armed prior fiscal year, and the 1 percent limitation tified 30 days in advance of such reprogramming
Forces’ participation in contingency operations shall apply to the total amount of the appro- of funds; this notification period may be re-
for the Military Personnel accounts, the Oper- priation. duced for urgent national security requirements.
ation and Maintenance accounts, the Procure- SEC. 8081. (a) Not later than 60 days after the SEC. 8086. For the purposes of this Act, the
ment accounts, and the Research, Development, date of enactment of this Act, the Director of term ‘‘congressional intelligence committees’’
Test and Evaluation accounts: Provided, That National Intelligence shall submit a report to means the Permanent Select Committee on Intel-
these documents shall include a description of the congressional intelligence committees to es- ligence of the House of Representatives, the Se-
the funding requested for each contingency op- tablish the baseline for application of re- lect Committee on Intelligence of the Senate, the
eration, for each military service, including all programming and transfer authorities for fiscal Subcommittee on Defense of the Committee on
Active and Reserve components, and for each year 2021: Provided, That the report shall in- Appropriations of the House of Representatives,
appropriations account: Provided further, That clude— and the Subcommittee on Defense of the Com-
these documents shall include estimated costs (1) a table for each appropriation with a sepa- mittee on Appropriations of the Senate.
for each element of expense or object class, a rate column to display the President’s budget re-
quest, adjustments made by Congress, adjust- (INCLUDING TRANSFER OF FUNDS)
reconciliation of increases and decreases for
each contingency operation, and programmatic ments due to enacted rescissions, if appropriate, SEC. 8087. During the current fiscal year, not
data including, but not limited to, troop and the fiscal year enacted level; to exceed $11,000,000 from each of the appropria-
strength for each Active and Reserve compo- (2) a delineation in the table for each appro- tions made in title II of this Act for ‘‘Operation
nent, and estimates of the major weapons sys- priation by Expenditure Center and project; and and Maintenance, Army’’, ‘‘Operation and
tems deployed in support of each contingency: (3) an identification of items of special con- Maintenance, Navy’’, and ‘‘Operation and
Provided further, That these documents shall gressional interest. Maintenance, Air Force’’ may be transferred by
include budget exhibits OP–5 and OP–32 (as de- (b) None of the funds provided for the Na- the military department concerned to its central
fined in the Department of Defense Financial tional Intelligence Program in this Act shall be fund established for Fisher Houses and Suites
Management Regulation) for all contingency available for reprogramming or transfer until pursuant to section 2493(d) of title 10, United
operations for the budget year and the two pre- the report identified in subsection (a) is sub- States Code.
ceding fiscal years. mitted to the congressional intelligence commit- SEC. 8088. None of the funds appropriated by
tees, unless the Director of National Intelligence this Act may be available for the purpose of
SEC. 8074. None of the funds in this Act may
certifies in writing to the congressional intel- making remittances to the Department of De-
be used for research, development, test, evalua-
ligence committees that such reprogramming or fense Acquisition Workforce Development Ac-
tion, procurement or deployment of nuclear
transfer is necessary as an emergency require- count in accordance with section 1705 of title 10,
armed interceptors of a missile defense system.
ment. United States Code.
SEC. 8075. The Secretary of Defense may use
SEC. 8082. Notwithstanding any other provi- SEC. 8089. (a) Any agency receiving funds
up to $500,000,000 of the amounts appropriated
sion of law, any transfer of funds, appropriated made available in this Act, shall, subject to sub-
or otherwise made available in this Act to the
or otherwise made available by this Act, for sup- sections (b) and (c), post on the public Web site
Department of Defense for the rapid acquisition
port to friendly foreign countries in connection of that agency any report required to be sub-
and deployment of supplies and associated sup-
with the conduct of operations in which the mitted by the Congress in this or any other Act,
port services pursuant to section 806 of the Bob
United States is not participating, pursuant to upon the determination by the head of the agen-
Stump National Defense Authorization Act for
section 331(d) of title 10, United States Code, cy that it shall serve the national interest.
Fiscal Year 2003 (Public Law 107–314; 10 U.S.C.
shall be made in accordance with section 8005 or (b) Subsection (a) shall not apply to a report
2302 note): Provided, That the Secretary of De-
9002 of this Act, as applicable. if—
fense shall notify the congressional defense com- SEC. 8083. Any transfer of amounts appro-
mittees promptly of all uses of such authority. (1) the public posting of the report com-
priated to, credited to, or deposited in the De-
SEC. 8076. None of the funds appropriated or promises national security; or
partment of Defense Acquisition Workforce De-
made available in this Act shall be used to re- (2) the report contains proprietary informa-
velopment Account in or for fiscal year 2021 to
duce or disestablish the operation of the 53rd tion.
a military department or Defense Agency pursu-
Weather Reconnaissance Squadron of the Air ant to section 1705(e)(1) of title 10, United States (c) The head of the agency posting such re-
Force Reserve, if such action would reduce the Code, shall be covered by and subject to section port shall do so only after such report has been
WC–130 Weather Reconnaissance mission below 8005 or 9002 of this Act, as applicable. made available to the requesting Committee or
the levels funded in this Act: Provided, That the SEC. 8084. None of the funds made available Committees of Congress for no less than 45 days.
Air Force shall allow the 53rd Weather Recon- by this Act for excess defense articles, assistance SEC. 8090. (a) None of the funds appropriated
naissance Squadron to perform other missions in under section 333 of title 10, United States Code, or otherwise made available by this Act may be
support of national defense requirements during or peacekeeping operations for the countries expended for any Federal contract for an
the non-hurricane season. designated annually to be in violation of the amount in excess of $1,000,000, unless the con-
SEC. 8077. None of the funds provided in this standards of the Child Soldiers Prevention Act tractor agrees not to—
Act shall be available for integration of foreign of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) (1) enter into any agreement with any of its
intelligence information unless the information may be used to support any military training or employees or independent contractors that re-
has been lawfully collected and processed dur- operation that includes child soldiers, as defined quires, as a condition of employment, that the
ing the conduct of authorized foreign intel- by the Child Soldiers Prevention Act of 2008, un- employee or independent contractor agree to re-
ligence activities: Provided, That information less such assistance is otherwise permitted under solve through arbitration any claim under title
pertaining to United States persons shall only section 404 of the Child Soldiers Prevention Act VII of the Civil Rights Act of 1964 or any tort re-
be handled in accordance with protections pro- of 2008. lated to or arising out of sexual assault or har-
vided in the Fourth Amendment of the United SEC. 8085. (a) None of the funds provided for assment, including assault and battery, inten-
States Constitution as implemented through Ex- the National Intelligence Program in this or any tional infliction of emotional distress, false im-
ecutive Order No. 12333. prior appropriations Act shall be available for prisonment, or negligent hiring, supervision, or
SEC. 8078. (a) None of the funds appropriated obligation or expenditure through a reprogram- retention; or
by this Act may be used to transfer research and ming or transfer of funds in accordance with (2) take any action to enforce any provision of
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development, acquisition, or other program au- section 102A(d) of the National Security Act of an existing agreement with an employee or inde-
thority relating to current tactical unmanned 1947 (50 U.S.C. 3024(d)) that— pendent contractor that mandates that the em-
aerial vehicles (TUAVs) from the Army. (1) creates a new start effort; ployee or independent contractor resolve
(b) The Army shall retain responsibility for (2) terminates a program with appropriated through arbitration any claim under title VII of
and operational control of the MQ–1C Gray funding of $10,000,000 or more; the Civil Rights Act of 1964 or any tort related
Eagle Unmanned Aerial Vehicle (UAV) in order (3) transfers funding into or out of the Na- to or arising out of sexual assault or harass-
to support the Secretary of Defense in matters tional Intelligence Program; or ment, including assault and battery, intentional
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H4006 CONGRESSIONAL RECORD — HOUSE July 30, 2020
infliction of emotional distress, false imprison- necessary and in the national interest, the Di- SEC. 8100. None of the funds made available
ment, or negligent hiring, supervision, or reten- rector may, with the approval of the Office of by this Act may be used by the National Secu-
tion. Management and Budget, transfer not to exceed rity Agency to—
(b) None of the funds appropriated or other- $1,000,000,000 of the funds made available in this (1) conduct an acquisition pursuant to section
wise made available by this Act may be ex- Act for the National Intelligence Program: Pro- 702 of the Foreign Intelligence Surveillance Act
pended for any Federal contract unless the con- vided, That such authority to transfer may not of 1978 for the purpose of targeting a United
tractor certifies that it requires each covered be used unless for higher priority items, based States person; or
subcontractor to agree not to enter into, and not on unforeseen intelligence requirements, than (2) acquire, monitor, or store the contents (as
to take any action to enforce any provision of, those for which originally appropriated and in such term is defined in section 2510(8) of title 18,
any agreement as described in paragraphs (1) no case where the item for which funds are re- United States Code) of any electronic commu-
and (2) of subsection (a), with respect to any quested has been denied by the Congress: Pro- nication of a United States person from a pro-
employee or independent contractor performing vided further, That a request for multiple vider of electronic communication services to the
work related to such subcontract. For purposes reprogrammings of funds using authority pro- public pursuant to section 501 of the Foreign In-
of this subsection, a ‘‘covered subcontractor’’ is vided in this section shall be made prior to June telligence Surveillance Act of 1978.
an entity that has a subcontract in excess of 30, 2021. SEC. 8101. None of the funds made available in
$1,000,000 on a contract subject to subsection SEC. 8095. None of the funds made available this or any other Act may be used to pay the
(a). by this Act may be used in contravention of the salary of any officer or employee of any agency
(c) The prohibitions in this section do not War Powers Resolution (50 U.S.C. 1541 et seq.). funded by this Act who approves or implements
apply with respect to a contractor’s or sub- SEC. 8096. (a) None of the funds appropriated the transfer of administrative responsibilities or
contractor’s agreements with employees or inde- or otherwise made available by this or any other budgetary resources of any program, project, or
pendent contractors that may not be enforced in Act may be used by the Secretary of Defense, or activity financed by this Act to the jurisdiction
a court of the United States. any other official or officer of the Department of of another Federal agency not financed by this
(d) The Secretary of Defense may waive the Defense, to enter into a contract, memorandum Act without the express authorization of Con-
application of subsection (a) or (b) to a par- of understanding, or cooperative agreement gress: Provided, That this limitation shall not
ticular contractor or subcontractor for the pur- with, or make a grant to, or provide a loan or apply to transfers of funds expressly provided
poses of a particular contract or subcontract if loan guarantee to Rosoboronexport or any sub- for in Defense Appropriations Acts, or provi-
the Secretary or the Deputy Secretary person- sidiary of Rosoboronexport. sions of Acts providing supplemental appropria-
ally determines that the waiver is necessary to (b) The Secretary of Defense may waive the tions for the Department of Defense.
avoid harm to national security interests of the SEC. 8102. Of the amounts appropriated in this
limitation in subsection (a) if the Secretary, in
United States, and that the term of the contract Act for ‘‘Operation and Maintenance, Navy’’,
consultation with the Secretary of State and the
or subcontract is not longer than necessary to $436,029,000, to remain available until expended,
Director of National Intelligence, determines
avoid such harm. The determination shall set may be used for any purposes related to the Na-
that it is in the vital national security interest
forth with specificity the grounds for the waiver tional Defense Reserve Fleet established under
of the United States to do so, and certifies in
and for the contract or subcontract term se- section 11 of the Merchant Ship Sales Act of
writing to the congressional defense committees
lected, and shall state any alternatives consid- 1946 (46 U.S.C. 57100): Provided, That such
that—
ered in lieu of a waiver and the reasons each amounts are available for reimbursements to the
(1) Rosoboronexport has ceased the transfer of
such alternative would not avoid harm to na- Ready Reserve Force, Maritime Administration
lethal military equipment to, and the mainte-
tional security interests of the United States. account of the United States Department of
nance of existing lethal military equipment for,
The Secretary of Defense shall transmit to Con- Transportation for programs, projects, activities,
the Government of the Syrian Arab Republic;
gress, and simultaneously make public, any de- and expenses related to the National Defense
(2) the armed forces of the Russian Federation Reserve Fleet.
termination under this subsection not less than have withdrawn from Crimea, other than armed
15 business days before the contract or sub- SEC. 8103. None of the funds made available in
forces present on military bases subject to agree- this Act may be obligated for activities author-
contract addressed in the determination may be ments in force between the Government of the
awarded. ized under section 1208 of the Ronald W.
Russian Federation and the Government of Reagan National Defense Authorization Act for
(INCLUDING TRANSFER OF FUNDS) Ukraine; and Fiscal Year 2005 (Public Law 112–81; 125 Stat.
SEC. 8091. From within the funds appropriated (3) agents of the Russian Federation have 1621) to initiate support for, or expand support
for operation and maintenance for the Defense ceased taking active measures to destabilize the to, foreign forces, irregular forces, groups, or in-
Health Program in this Act, up to $137,000,000, control of the Government of Ukraine over east- dividuals unless the congressional defense com-
shall be available for transfer to the Joint De- ern Ukraine. mittees are notified in accordance with the di-
partment of Defense-Department of Veterans Af- (c) The Inspector General of the Department rection contained in the classified annex accom-
fairs Medical Facility Demonstration Fund in of Defense shall conduct a review of any action panying this Act, not less than 15 days before
accordance with the provisions of section 1704 of involving Rosoboronexport with respect to a initiating such support: Provided, That none of
the National Defense Authorization Act for Fis- waiver issued by the Secretary of Defense pur- the funds made available in this Act may be
cal Year 2010, Public Law 111–84: Provided, suant to subsection (b), and not later than 90 used under section 1208 for any activity that is
That for purposes of section 1704(b), the facility days after the date on which such a waiver is not in support of an ongoing military operation
operations funded are operations of the inte- issued by the Secretary of Defense, the Inspector being conducted by United States Special Oper-
grated Captain James A. Lovell Federal Health General shall submit to the congressional de- ations Forces to combat terrorism: Provided fur-
Care Center, consisting of the North Chicago fense committees a report containing the results ther, That the Secretary of Defense may waive
Veterans Affairs Medical Center, the Navy Am- of the review conducted with respect to such the prohibitions in this section if the Secretary
bulatory Care Center, and supporting facilities waiver. determines that such waiver is required by ex-
designated as a combined Federal medical facil- SEC. 8097. None of the funds made available in traordinary circumstances and, by not later
ity as described by section 706 of Public Law this Act may be used for the purchase or manu- than 72 hours after making such waiver, notifies
110–417: Provided further, That additional funds facture of a flag of the United States unless the congressional defense committees of such
may be transferred from funds appropriated for such flags are treated as covered items under waiver.
operation and maintenance for the Defense section 2533a(b) of title 10, United States Code. SEC. 8104. (a) None of the funds provided in
Health Program to the Joint Department of De- SEC. 8098. The Secretary of Defense shall post this Act for the TAO Fleet Oiler program shall
fense-Department of Veterans Affairs Medical grant awards on a public website in a search- be used to award a new contract that provides
Facility Demonstration Fund upon written noti- able format. for the acquisition of the following components
fication by the Secretary of Defense to the Com- SEC. 8099. The Secretary of each military de- unless those components are manufactured in
mittees on Appropriations of the House of Rep- partment, in reducing each research, develop- the United States: Auxiliary equipment (includ-
resentatives and the Senate. ment, test and evaluation and procurement ac- ing pumps) for shipboard services; propulsion
SEC. 8092. None of the funds appropriated or count of the military department as required equipment (including engines, reduction gears,
otherwise made available by this Act may be under paragraph (1) of section 828(d) of the Na- and propellers); shipboard cranes; and spreaders
used by the Department of Defense or a compo- tional Defense Authorization Act for Fiscal for shipboard cranes.
nent thereof in contravention of the provisions Year 2016 (Public Law 114–92; 10 U.S.C. 2430 (b) None of the funds provided in this Act for
of section 130h of title 10, United States Code. note), as amended by section 825(a)(3) of the Na- the FFG(X) Frigate program shall be used to
SEC. 8093. Appropriations available to the De- tional Defense Authorization Act for Fiscal award a new contract that provides for the ac-
partment of Defense may be used for the pur- Year 2018, shall allocate the percentage reduc- quisition of the following components unless
chase of heavy and light armored vehicles for tion determined under paragraph (2) of such those components are manufactured in the
the physical security of personnel or for force section 828(d) proportionally from all programs, United States: Air circuit breakers; gyro-
protection purposes up to a limit of $450,000 per
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projects, or activities under such account: Pro- compasses; electronic navigation chart systems;
vehicle, notwithstanding price or other limita- vided, That the authority under section steering controls; pumps; propulsion and ma-
tions applicable to the purchase of passenger 804(d)(2) of the National Defense Authorization chinery control systems; totally enclosed life-
carrying vehicles. Act for Fiscal Year 2016 (Public Law 114–92; 10 boats; auxiliary equipment pumps; shipboard
(INCLUDING TRANSFER OF FUNDS) U.S.C. 2302 note) to transfer amounts available cranes; auxiliary chill water systems; and pro-
SEC. 8094. Upon a determination by the Direc- in the Rapid Prototyping Fund shall be subject pulsion propellers: Provided, That the Secretary
tor of National Intelligence that such action is to section 8005 or 9002 of this Act, as applicable. of the Navy shall incorporate United States
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4007
manufactured propulsion engines and propul- this section, and to funds previously provided such subsection and has made a determination
sion reduction gears into the FFG(X) Frigate by Congress to construct, renovate, repair, or that such suspension or debarment is not nec-
program beginning not later than with the elev- expand elementary and secondary public essary to protect the interests of the Federal
enth ship of the program. schools on military installations in order to ad- Government.
SEC. 8105. No amounts credited or otherwise dress capacity or facility condition deficiencies SEC. 8116. During fiscal year 2021, any ad-
made available in this or any other Act to the at such schools to the extent such funds remain vance billing for background investigation serv-
Department of Defense Acquisition Workforce unobligated on the date of enactment of this ices and related services purchased from activi-
Development Account may be transferred to: section. ties financed using Defense Working Capital
(1) the Rapid Prototyping Fund established SEC. 8111. In carrying out the program de- Funds shall be excluded from the calculation of
under section 804(d) of the National Defense scribed in the memorandum on the subject of cumulative advance billings under section
Authorization Act for Fiscal Year 2016 (10 ‘‘Policy for Assisted Reproductive Services for 2208(l)(3) of title 10, United States Code.
U.S.C. 2302 note); or the Benefit of Seriously or Severely Ill/Injured SEC. 8117. None of the funds appropriated or
(2) credited to a military-department specific (Category II or III) Active Duty Service Mem- otherwise made available by this Act may be
fund established under section 804(d)(2) of the bers’’ issued by the Assistant Secretary of De- used to transfer the National Reconnaissance
National Defense Authorization Act for Fiscal fense for Health Affairs on April 3, 2012, and the Office to the United States Space Force.
Year 2016 (as amended by section 897 of the Na- guidance issued to implement such memo- SEC. 8118. None of the funds appropriated or
tional Defense Authorization Act for Fiscal randum, the Secretary of Defense shall apply otherwise made available by this Act may be
Year 2017). such policy and guidance, except that— used to transfer any element of the Department
SEC. 8106. None of the funds made available (1) the limitation on periods regarding embryo of the Army, the Department of the Navy, or a
by this Act may be used for Government Travel cryopreservation and storage set forth in part Defense Agency to the United States Space
Charge Card expenses by military or civilian III(G) and in part IV(H) of such memorandum Force unless, not less than 60 days prior to initi-
personnel of the Department of Defense for gam- shall not apply; and ating such transfer, the Secretary of Defense
ing, or for entertainment that includes topless or (2) the term ‘‘assisted reproductive tech- certifies in writing to the Committees on Appro-
nude entertainers or participants, as prohibited nology’’ shall include embryo cryopreservation priations of the House of Representatives and
by Department of Defense FMR, Volume 9, and storage without limitation on the duration the Senate that such transfer is in the national
Chapter 3 and Department of Defense Instruc- of such cryopreservation and storage. security interest of the United States and will
tion 1015.10 (enclosure 3, 14a and 14b). SEC. 8112. None of the funds provided for, or not have an adverse impact on the Department
SEC. 8107. (a) None of the funds made avail- otherwise made available, in this or any prior or agency from which such element is being
able in this Act may be used to maintain or es- Act making appropriations to the Department of transferred: Provided, That such certification
tablish a computer network unless such network Defense, may be obligated or expended by the shall include a detailed description of the ele-
is designed to block access to pornography Secretary of Defense to provide motorized vehi- ment and timeline for such transfer.
websites. cles, aviation platforms, munitions other than SEC. 8119. Funds appropriated in titles I and
(b) Nothing in subsection (a) shall limit the small arms and munitions appropriate for cus- IX of this Act under the heading ‘‘Military Per-
use of funds necessary for any Federal, State, tomary ceremonial honors, operational military sonnel’’ may be used for expenses described
tribal, or local law enforcement agency or any units, or operational military platforms if the therein for members of the United States Space
other entity carrying out criminal investiga- Secretary determines that providing such units, Force on active duty: Provided, that amounts
tions, prosecution, or adjudication activities, or platforms, or equipment would undermine the appropriated under such headings may be used
for any activity necessary for the national de- readiness of such units, platforms, or equip- for payments pursuant to section 156 of Public
fense, including intelligence activities. ment. Law 97–377, as amended (42 U.S.C. 402 note),
SEC. 8108. None of the funds appropriated by SEC. 8113. The Secretary of Defense may obli- and to the Department of Defense Military Re-
this Act may be made available to deliver F–35 gate and expend funds made available under tirement Fund.
air vehicles or any other F–35 weapon system this Act for procurement or for research, devel- SEC. 8120. Prior to the initial obligation of
equipment to the Republic of Turkey, except in opment, test and evaluation for the F–35 Joint funds made available in titles II and IX of this
accordance with section 1245 of the National Strike Fighter to modify up to six F–35 aircraft, Act for the Defense Security Cooperation Agen-
Defense Authorization Act for Fiscal Year 2020 including up to two F–35 aircraft of each vari- cy (DSCA), the Director of DSCA shall submit a
(Public Law 116–92). ant, to a test configuration: Provided, That the spend plan by budget activity and sub-activity
SEC. 8109. Notwithstanding any other provi- Secretary of Defense shall, with the concurrence to the Committees on Appropriations of the
sion of law, any transfer of funds appropriated of the Secretary of the Air Force and the Sec- House of Representatives and the Senate: Pro-
or otherwise made available by this Act to the retary of the Navy, notify the congressional de- vided, That for funds planned for International
Global Engagement Center established by sec- fense committees not fewer than 30 days prior to Security Cooperation Programs, the Director
tion 1287 of the National Defense Authorization obligating and expending funds under this sec- shall, in coordination with the commanders of
Act for Fiscal Year 2017 (Public Law 114–328; 22 tion: Provided further, That any transfer of each geographic combatant command, include
U.S.C. 2656 note) shall be made in accordance funds pursuant to the authority provided in this amounts planned for each combatant command
with section 8005 or 9002 of this Act, as applica- section shall be made in accordance with section and country, and a comparison to such amounts
ble. 8005 or 9002 of this Act, as appropriate, if appli- provided in the previous three fiscal years: Pro-
SEC. 8110. In addition to amounts provided cable: Provided further, That aircraft referred to vided further, That amounts in such plan shall
elsewhere in this Act, there is appropriated previously in this section are not additional to only reflect those amounts designated in the fis-
$270,000,000, for an additional amount for ‘‘Op- aircraft referred to in section 8135 of the Depart- cal year 2021 budget justification materials and
eration and Maintenance, Defense-Wide’’, to re- ment of Defense Appropriations Act, 2019 and modified by the fiscal year 2021 appropriations
main available until expended: Provided, That section 8126 of the Department of Defense Ap- adjustments in this Act and in the table in the
such funds shall only be available to the Sec- propriations Act, 2020. report accompanying this Act: Provided further,
retary of Defense, acting through the Office of SEC. 8114. Amounts appropriated for ‘‘Defense That the Secretary of Defense shall notify such
Economic Adjustment of the Department of De- Health Program’’ in this Act and hereafter may Committees in writing and not fewer than 15
fense, or for transfer to the Secretary of Edu- be obligated to make death gratuity payments, days prior to obligating such funds for any pro-
cation, notwithstanding any other provision of as authorized in subchapter II of chapter 75 of posed new projects or activities, or transfer of
law, to make grants, conclude cooperative title 10, United States Code, if no appropriation funds between budget sub-activity groups: Pro-
agreements, or supplement other Federal funds for ‘‘Military Personnel’’ is available for obliga- vided further, That such plan shall be updated
to construct, renovate, repair, or expand ele- tion for such payments: Provided, That such ob- and submitted to such Committees upon notifi-
mentary and secondary public schools on mili- ligations may subsequently be recorded against cation of such funds to include a justification
tary installations in order to address capacity or appropriations available for ‘‘Military Per- for any changes: Provided further, That a simi-
facility condition deficiencies at such schools: sonnel’’. lar plan shall be provided to such Committees
Provided further, That in making such funds SEC. 8115. (a) None of the funds made avail- outlining funds requested for fiscal year 2022
available, the Office of Economic Adjustment or able by this or any other Act may be used to with the submission of the fiscal year 2022 budg-
the Secretary of Education shall give priority enter into a contract, memorandum of under- et request.
consideration to those military installations standing, or cooperative agreement with, make a SEC. 8121. Notwithstanding any other provi-
with schools having the most serious capacity or grant to, or provide a loan or loan guarantee to sion of this Act, to reflect savings due to favor-
facility condition deficiencies as determined by any corporation that has any unpaid Federal able foreign exchange rates, the total amount
the Secretary of Defense: Provided further, That tax liability that has been assessed, for which appropriated in this Act is hereby reduced by
as a condition of receiving funds under this sec- all judicial and administrative remedies have $436,000,000.
tion a local educational agency or State shall been exhausted or have lapsed, and that is not SEC. 8122. Notwithstanding any other provi-
provide a matching share as described in the no- being paid in a timely manner pursuant to an sion of this Act, to reflect savings due to lower
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tice titled ‘‘Department of Defense Program for agreement with the authority responsible for than anticipated fuel costs, the total amount
Construction, Renovation, Repair or Expansion collecting such tax liability, provided that the appropriated in this Act is hereby reduced by
of Public Schools Located on Military Installa- applicable Federal agency is aware of the un- $1,000,000,000.
tions’’ published by the Department of Defense paid Federal tax liability. SEC. 8123. None of the funds appropriated by
in the Federal Register on September 9, 2011 (76 (b) Subsection (a) shall not apply if the appli- this Act may be used to exclude, or implement
Fed. Reg. 55883 et seq.): Provided further, That cable Federal agency has considered suspension the exclusion of, the Department of Defense, or
these provisions apply to funds provided under or debarment of the corporation described in any agency, activity, or subdivision thereof,
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H4008 CONGRESSIONAL RECORD — HOUSE July 30, 2020
from coverage under section 7103(b)(1) or (2) of sional defense committees a notification that in- SEC. 8131. (a) Not later than three days after
title 5, United States Code (commonly referred to cludes— a significant deployment or redeployment of
as the ‘‘Federal Service Labor-Management Re- (1) an identification of the United States members of the Armed Forces to a location out-
lations Statute’’). Army brigade, including the number of individ- side the United States, the Secretary of Defense
SEC. 8124. Not later than 60 days after the uals to be deployed; shall submit to the congressional defense com-
date of enactment of this Act, the Secretary of (2) a description of any education and train- mittees a notification that includes—
Defense, in coordination with the Secretary of ing provided to such brigade before deployment (1) the number of members of the Armed
State, shall provide all relevant information and in order to conduct the program, including on Forces deployed or redeployed;
documents to the appropriate judicial authori- the language, cultural, and the social dynamics (2) the name of each unit deployed or rede-
ties in El Salvador investigating the December of the friendly foreign country where the pro- ployed;
1981 massacre in El Mozote: Provided, That not gram would be conducted; (3) the duration of the orders for the deploy-
later than 30 days following such action, the (3) a description of the amount, type, and ment or redeployment;
Secretary of Defense shall submit a report to the purpose of the training or equipment to be pro- (4) the location of the deployment or redeploy-
Committees on Appropriations of the House of vided under the program; ment;
Representatives and the Senate describing the (4) the authority under which the program is (5) the purpose for the deployment or rede-
information and documents provided and the authorized, whether congressional notification ployment;
authorities that received them. (other than the notification required by this sec- (6) the estimated cost of the deployment or re-
SEC. 8125. (a) Funds appropriated under title tion) is required to conduct the program under deployment over such timeline; and
IV of this Act may be used for expenses for agile such authority, and whether such notification (7) an explanation of how the Secretary in-
development, test and evaluation, procurement, has been made; tends to pay the costs of such deployment or re-
production and modification, and the operation (5) an identification of the foreign country in deployment, including identification of the spe-
and maintenance for the following software which the program would be conducted, the spe- cific accounts that will be used to pay such costs
pilot programs— cific security forces whose capacity would be for each fiscal year.
(1) Space Command and Control built under the program, and an evaluation of (b) Each notification under subsection (a)
(PE1203614SF); the ability of such forces to absorb the training shall be submitted in unclassified form, but may
(2) Algorithmic Warfare Cross Functional and equipment to be provided under the pro- include a classified annex.
Team (PE0308588D8Z); gram; (c) Nothing in this section shall be construed
(3) Risk Management Information (6) the cost, implementation timeline, and de- to authorize a deployment or redeployment.
(PE0608013N); livery schedule for the training and equipment SEC. 8132. None of the funds made available
(4) Maritime Tactical Command Control to be provided under the program, and the by this Act may be obligated or expended in a
(PE0608231N); source of funds; manner that does not comply with the require-
(5) National Background Investigation Serv- (7) a description of any arrangements made ments of section 365 of H.R. 7120, One Hundred
ices (PE0608197V); for sustainment of the program; Sixteenth Congress, as passed by the House of
(6) Global Command and Control System – (8) information, including the amount, type, Representatives on June 25, 2020.
Joint (PE0308150K); and purpose, of any prior assistance provided to SEC. 8133. None of the funds made available
(7) Defensive Cyber Operations Army the foreign country by any security force assist- by this Act or any prior Department of Defense
(PE0608041A); and ance brigade of the United States Army; Appropriations Acts may be used to conduct, or
(8) Acquisition Visibility (PE0608648D8Z). (9) information, including the amount, type, make specific preparations for, any explosive
(b) Not later than 30 days after the date of the and purpose, on the security assistance provided nuclear weapons test that produces any yield.
enactment of this Act, the Secretary of Defense to the foreign country during the current and SEC. 8134. None of the funds appropriated or
shall submit to the Committees on Appropria- prior fiscal year under other train and equip otherwise made available by this Act or any
tions of the House of Representatives and the programs, and a description of how the training prior Department of Defense Appropriations
Senate a plan for carrying out each pilot pro- and equipment to be provided under the pro- Acts may be used to construct a wall, fence, bor-
gram specified in subsection (a), including goals gram fits into the overall objective of such pro- der barriers, or border security infrastructure
and metrics for each program. grams; and along the southern land border of the United
(c) Following the submission of the plan (10) a description of whether training and States: Provided, That none of the funds appro-
under subsection (b), the Secretary of Defense equipment to be provided under the program priated or otherwise made available under the
shall provide to the Committees on Appropria- could be provided pursuant to other train and heading ‘‘Drug Interdiction and Counter-drug
tions of the House of Representatives and the equip authorities. Activities, Defense’’ in title VI of this Act may
Senate a quarterly report on the status of each SEC. 8128. Of funds made available by section be used for the construction of fences pursuant
pilot program specified in subsection (a). 8102 of the Department of Defense Appropria- to subsection (b)(7) of section 284 of title 10,
SEC. 8126. (a) Not later than 30 days after the tions Act, 2014 (division C of Public Law 113–76) United States Code.
date of the enactment of this Act, and quarterly that remain unobligated as of the date of the SEC. 8135. Notwithstanding any other provi-
thereafter, the Secretary of Defense shall submit enactment of this Act, up to $13,000,000 shall be sion of law, funds made available to the Depart-
to the congressional defense committees a report available for grants, cooperative agreements, ment of Defense for fiscal year 2020 that were
that includes— and to supplement other Federal funds for the transferred by such Department on February 13,
(1) the number of members of the Armed following authorized purposes: public 2020, and remain unobligated as of the date of
Forces deployed by each geographic combatant healthcare professionals and public health lab- the enactment of this Act shall be returned to
command (other than United States Northern oratory staff; laboratory and medical equip- the original account or accounts and may not be
Command), set forth separately by each of the ment; and medical supplies: Provided, That the used for any purpose other than the original
Armed Forces and whether regular, National Secretary of Defense shall, not less than 15 days purposes for which they were appropriated by
Guard, or Reserve; prior to obligating funds made available for the Department of Defense Appropriations Act,
(2) the number of Department of Defense civil- such purposes, notify the congressional defense 2020 (division A of Public Law 116–93), notwith-
ian employees deployed by each geographic com- committees in writing of the details of any such standing the transfer authority provided by sec-
batant command (other than United States obligation. tion 8005 of such Act.
Northern Command); SEC. 8129. None of the funds provided in this SEC. 8136. None of the funds made available
(3) the number of Department of Defense con- Act for requirements development, performance by this Act may be used for members of the
tractor employees deployed by each geographic specification development, concept design and Armed Forces serving on active duty in support
combatant command (other than United States development, ship configuration development, of security or immigration enforcement oper-
Northern Command); and systems engineering, naval architecture, marine ations at the southern border unless the agency
(4) for each category of personnel described in engineering, operations research analysis, in- requesting such support enters into an agree-
paragraphs (1) through (3), the country and dustry studies, preliminary design, development ment with the Secretary of Defense to reimburse
named operation to which such personnel are of the Detailed Design and Construction Re- the Department of Defense for all costs incurred
assigned, if applicable; a description of the quest for Proposals solicitation package, or re- by the Department to provide such services.
functions performed by such personnel; and a lated activities for the AS(X) Submarine Tender, SEC. 8137. Of the amounts appropriated in this
comparison of the number of personnel to the T-ARC(X) Cable Laying and Repair Ship, T- Act under the heading ‘‘Operation and Mainte-
number of such personnel in reports previously AGOS(X) Oceanographic Surveillance Ship, nance, Defense- Wide’’, $50,000,000, to remain
submitted under this section. Light Amphibious Warship, Next Generation available until September 30, 2022: Provided,
(b) Each report under subsection (a) shall be Medium Amphibious Ship, or Next Generation That such funds shall only be available to the
submitted in unclassified form, but may include Medium Logistics Ship may be used to award a Secretary of Defense, acting through the Office
a classified annex. new contract for such activities unless these of Economic Adjustment of the Department of
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SEC. 8127. Not more than 15 days before de- contracts include specifications that all hull, Defense, to make grants to communities im-
ploying a security force assistance brigade of mechanical, and electrical components are man- pacted by military aviation noise for the pur-
the United States Army to a friendly foreign ufactured in the United States. pose of installing noise mitigating insulation at
country to conduct a program to provide train- SEC. 8130. None of the funds made available covered facilities: Provided further, That, to be
ing or equipment to the security forces of such by this Act may be obligated or expended for the eligible to receive a grant under the program, a
country to build the capacity of such forces, the purpose of decommissioning any Navy Littoral community must enter into an agreement with
Secretary of Defense shall submit to the congres- Combat Ships. the Secretary under which the community
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4009
prioritizes the use of funds for the installation That such amount is designated by the Congress the Secretary of Defense, with the concurrence
of noise mitigation at covered facilities in the for Overseas Contingency Operations/Global of the Secretary of State, and in consultation
community: Provided further, That, in carrying War on Terrorism pursuant to section with the Director of the Office of Management
out the program, the Secretary of Defense shall 251(b)(2)(A)(ii) of the Balanced Budget and and Budget, may determine, based on docu-
coordinate and minimize duplication of efforts Emergency Deficit Control Act of 1985. mentation determined by the Secretary of De-
with the noise mitigation program established RESERVE PERSONNEL, AIR FORCE fense to adequately account for the support pro-
under part 150 of title 14, Code of Federal Regu- vided, and such determination is final and con-
For an additional amount for ‘‘Reserve Per-
lations: Provided further, That, in this section, clusive upon the accounting officers of the
sonnel, Air Force’’, $16,816,000: Provided, That
the term ‘‘covered facilities’’ means hospitals, United States, and 15 days following written no-
such amount is designated by the Congress for
daycare facilities, schools, facilities serving sen- tification to the appropriate congressional com-
Overseas Contingency Operations/Global War
ior citizens, and private residences that are lo- mittees: Provided further, That these funds may
on Terrorism pursuant to section 251(b)(2)(A)(ii)
cated within one mile of a military installation be used for the purpose of providing specialized
of the Balanced Budget and Emergency Deficit training and procuring supplies and specialized
or another location at which military aircraft Control Act of 1985.
are stationed or are located in an area impacted equipment and providing such supplies and
by excessive military aviation noise, as deter- NATIONAL GUARD PERSONNEL, ARMY loaning such equipment on a non-reimbursable
mined by the Department of Defense’s noise For an additional amount for ‘‘National basis to coalition forces supporting United
monitoring programs. Guard Personnel, Army’’, $195,314,000: Provided, States military and stability operations in Af-
SEC. 8138. None of the funds appropriated or That such amount is designated by the Congress ghanistan and to counter the Islamic State of
otherwise made available by this Act or any for Overseas Contingency Operations/Global Iraq and Syria, and 15 days following written
prior Department of Defense Appropriations War on Terrorism pursuant to section notification to the appropriate congressional
Acts may be used to provide guidance on, re- 251(b)(2)(A)(ii) of the Balanced Budget and committees: Provided further, That these funds
view, prepare, approve, or recommend budget re- Emergency Deficit Control Act of 1985. may be used to support the Government of Jor-
quest funding levels or initiatives for the De- NATIONAL GUARD PERSONNEL, AIR FORCE dan in such amounts as the Secretary of De-
partment of Energy. fense may determine, to enhance the ability of
For an additional amount for ‘‘National the armed forces of Jordan to increase or sustain
SEC. 8139. Of the funds appropriated in this
Guard Personnel, Air Force’’, $5,800,000: Pro- security along its borders, upon 15 days prior
Act under the heading ‘‘Operation and Mainte-
vided, That such amount is designated by the written notification to the congressional defense
nance, Army’’, $1,000,000 shall be made avail-
Congress for Overseas Contingency Operations/ committees outlining the amounts intended to be
able for expenses for the renaming of Army in-
Global War on Terrorism pursuant to section provided and the nature of the expenses in-
stallations, facilities, roads, and streets named
251(b)(2)(A)(ii) of the Balanced Budget and curred: Provided further, That of the funds pro-
after confederate leaders and officers.
Emergency Deficit Control Act of 1985. vided under this heading, not to exceed
TITLE IX
OPERATION AND MAINTENANCE $1,206,296,000, to remain available until Sep-
OVERSEAS CONTINGENCY OPERATIONS tember 30, 2022, shall be available to provide
OPERATION AND MAINTENANCE, ARMY
MILITARY PERSONNEL support and assistance to foreign security forces
For an additional amount for ‘‘Operation and
MILITARY PERSONNEL, ARMY Maintenance, Army’’, $16,530,754,000: Provided, or other groups or individuals to conduct, sup-
For an additional amount for ‘‘Military Per- That such amount is designated by the Congress port or facilitate counterterrorism, crisis re-
sonnel, Army’’, $2,748,033,000: Provided, That sponse, or other Department of Defense security
for Overseas Contingency Operations/Global
such amount is designated by the Congress for cooperation programs, of which not less than
War on Terrorism pursuant to section
Overseas Contingency Operations/Global War $130,000,000 shall be available for International
251(b)(2)(A)(ii) of the Balanced Budget and
on Terrorism pursuant to section 251(b)(2)(A)(ii) Security Cooperation Programs with countries
Emergency Deficit Control Act of 1985.
of the Balanced Budget and Emergency Deficit in the United States Africa Command area of re-
OPERATION AND MAINTENANCE, NAVY sponsibility: Provided further, That the Sec-
Control Act of 1985.
For an additional amount for ‘‘Operation and retary of Defense shall notify the congressional
MILITARY PERSONNEL, NAVY Maintenance, Navy’’, $10,942,741,000: Provided, defense committees in writing and not fewer
For an additional amount for ‘‘Military Per- That such amount is designated by the Congress than 15 days prior to obligating funds for Inter-
sonnel, Navy’’, $382,286,000: Provided, That for Overseas Contingency Operations/Global national Security Cooperation Programs: Pro-
such amount is designated by the Congress for War on Terrorism pursuant to section vided further, That these funds may be used in
Overseas Contingency Operations/Global War 251(b)(2)(A)(ii) of the Balanced Budget and such amounts as the Secretary of Defense may
on Terrorism pursuant to section 251(b)(2)(A)(ii) Emergency Deficit Control Act of 1985. determine to enhance the border security of na-
of the Balanced Budget and Emergency Deficit OPERATION AND MAINTENANCE, MARINE CORPS tions adjacent to conflict areas including Jor-
Control Act of 1985. dan, Lebanon, Egypt, and Tunisia resulting
For an additional amount for ‘‘Operation and
MILITARY PERSONNEL, MARINE CORPS from actions of the Islamic State of Iraq and
Maintenance, Marine Corps’’, $1,145,600,000:
For an additional amount for ‘‘Military Per- Syria: Provided further, That the Secretary of
Provided, That such amount is designated by
sonnel, Marine Corps’’, $129,943,000: Provided, Defense shall provide quarterly reports to the
the Congress for Overseas Contingency Oper-
That such amount is designated by the Congress Committees on Appropriations of the House of
ations/Global War on Terrorism pursuant to sec-
for Overseas Contingency Operations/Global Representatives and the Senate on the use and
tion 251(b)(2)(A)(ii) of the Balanced Budget and
War on Terrorism pursuant to section status of funds provided under this heading:
Emergency Deficit Control Act of 1985.
251(b)(2)(A)(ii) of the Balanced Budget and Provided further, That such amount is des-
OPERATION AND MAINTENANCE, AIR FORCE ignated by the Congress for Overseas Contin-
Emergency Deficit Control Act of 1985.
For an additional amount for ‘‘Operation and gency Operations/Global War on Terrorism pur-
MILITARY PERSONNEL, AIR FORCE
Maintenance, Air Force’’, $18,861,862,000: Pro- suant to section 251(b)(2)(A)(ii) of the Balanced
For an additional amount for ‘‘Military Per- vided, That such amount is designated by the Budget and Emergency Deficit Control Act of
sonnel, Air Force’’, $1,077,168,000: Provided, Congress for Overseas Contingency Operations/ 1985.
That such amount is designated by the Congress Global War on Terrorism pursuant to section OPERATION AND MAINTENANCE, ARMY RESERVE
for Overseas Contingency Operations/Global 251(b)(2)(A)(ii) of the Balanced Budget and
War on Terrorism pursuant to section For an additional amount for ‘‘Operation and
Emergency Deficit Control Act of 1985. Maintenance, Army Reserve’’, $33,399,000: Pro-
251(b)(2)(A)(ii) of the Balanced Budget and
OPERATION AND MAINTENANCE, SPACE FORCE vided, That such amount is designated by the
Emergency Deficit Control Act of 1985.
For an additional amount for ‘‘Operation and Congress for Overseas Contingency Operations/
RESERVE PERSONNEL, ARMY Global War on Terrorism pursuant to section
Maintenance, Space Force’’, $77,115,000: Pro-
For an additional amount for ‘‘Reserve Per- vided, That such amount is designated by the 251(b)(2)(A)(ii) of the Balanced Budget and
sonnel, Army’’, $33,414,000: Provided, That such Congress for Overseas Contingency Operations/ Emergency Deficit Control Act of 1985.
amount is designated by the Congress for Over- Global War on Terrorism pursuant to section OPERATION AND MAINTENANCE, NAVY RESERVE
seas Contingency Operations/Global War on 251(b)(2)(A)(ii) of the Balanced Budget and For an additional amount for ‘‘Operation and
Terrorism pursuant to section 251(b)(2)(A)(ii) of Emergency Deficit Control Act of 1985. Maintenance, Navy Reserve’’, $21,492,000: Pro-
the Balanced Budget and Emergency Deficit
OPERATION AND MAINTENANCE, DEFENSE-WIDE vided, That such amount is designated by the
Control Act of 1985.
For an additional amount for ‘‘Operation and Congress for Overseas Contingency Operations/
RESERVE PERSONNEL, NAVY Global War on Terrorism pursuant to section
Maintenance, Defense-Wide’’, $6,169,693,000:
For an additional amount for ‘‘Reserve Per- Provided, That of the funds provided under this 251(b)(2)(A)(ii) of the Balanced Budget and
sonnel, Navy’’, $11,771,000: Provided, That such heading, not to exceed $180,000,000, to remain Emergency Deficit Control Act of 1985.
amount is designated by the Congress for Over- available until September 30, 2022, shall be for OPERATION AND MAINTENANCE, MARINE CORPS
seas Contingency Operations/Global War on RESERVE
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payments to reimburse key cooperating nations
Terrorism pursuant to section 251(b)(2)(A)(ii) of for logistical, military, and other support, in- For an additional amount for ‘‘Operation and
the Balanced Budget and Emergency Deficit cluding access, provided to United States mili- Maintenance, Marine Corps Reserve’’,
Control Act of 1985. tary and stability operations in Afghanistan $8,707,000: Provided, That such amount is des-
RESERVE PERSONNEL, MARINE CORPS and to counter the Islamic State of Iraq and ignated by the Congress for Overseas Contin-
For an additional amount for ‘‘Reserve Per- Syria: Provided further, That such reimburse- gency Operations/Global War on Terrorism pur-
sonnel, Marine Corps’’, $2,048,000: Provided, ment payments may be made in such amounts as suant to section 251(b)(2)(A)(ii) of the Balanced
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H4010 CONGRESSIONAL RECORD — HOUSE July 30, 2020
Budget and Emergency Deficit Control Act of projects or activities, or transfer of funds be- ance authorized under this heading: Provided
1985. tween budget sub-activity groups in excess of further, That contributions of funds for the pur-
OPERATION AND MAINTENANCE, AIR FORCE $10,000,000: Provided further, That the United poses provided herein from any foreign govern-
RESERVE States may accept equipment procured using ment or other entity may be credited to this
For an additional amount for ‘‘Operation and funds provided under this heading in this or Fund, to remain available until expended, and
Maintenance, Air Force Reserve’’, $30,090,000: prior Acts that was transferred to the security used for such purposes: Provided further, That
Provided, That such amount is designated by forces of Afghanistan and returned by such the Secretary of Defense shall prioritize such
the Congress for Overseas Contingency Oper- forces to the United States: Provided further, contributions when providing any assistance for
ations/Global War on Terrorism pursuant to sec- That equipment procured using funds provided construction for facility fortification: Provided
tion 251(b)(2)(A)(ii) of the Balanced Budget and under this heading in this or prior Acts, and not further, That the Secretary of Defense may
Emergency Deficit Control Act of 1985. yet transferred to the security forces of Afghani- waive a provision of law relating to the acquisi-
stan or transferred to the security forces of Af- tion of items and support services or sections 40
OPERATION AND MAINTENANCE, ARMY NATIONAL and 40A of the Arms Export Control Act (22
ghanistan and returned by such forces to the
GUARD U.S.C. 2780 and 2785) if the Secretary determines
United States, may be treated as stocks of the
For an additional amount for ‘‘Operation and Department of Defense upon written notifica- that such provision of law would prohibit, re-
Maintenance, Army National Guard’’, tion to the congressional defense committees: strict, delay or otherwise limit the provision of
$79,792,000: Provided, That such amount is des- Provided further, That of the funds provided such assistance and a notice of and justification
ignated by the Congress for Overseas Contin- under this heading, not less than $20,000,000 for such waiver is submitted to the congressional
gency Operations/Global War on Terrorism pur- shall be for recruitment and retention of women defense committees, the Committees on Appro-
suant to section 251(b)(2)(A)(ii) of the Balanced in the Afghanistan National Security Forces, priations and Foreign Relations of the Senate
Budget and Emergency Deficit Control Act of and the recruitment and training of female secu- and the Committees on Appropriations and For-
1985. rity personnel: Provided further, That funds ap- eign Affairs of the House of Representatives:
OPERATION AND MAINTENANCE, AIR NATIONAL propriated under this heading and made avail- Provided further, That the United States may
GUARD able for the salaries and benefits of personnel of accept equipment procured using funds provided
For an additional amount for ‘‘Operation and the Afghanistan Security Forces may only be under this heading, or under the heading, ‘‘Iraq
Maintenance, Air National Guard’’, used for personnel who are enrolled in the Af- Train and Equip Fund’’ in prior Acts, that was
$175,642,000: Provided, That such amount is des- ghanistan Personnel and Pay System: Provided transferred to security forces, irregular forces,
ignated by the Congress for Overseas Contin- further, That funds appropriated under this or groups participating, or preparing to partici-
gency Operations/Global War on Terrorism pur- heading for the Afghanistan Security Forces pate in activities to counter the Islamic State of
suant to section 251(b)(2)(A)(ii) of the Balanced may only be obligated if the Secretary of De- Iraq and Syria and returned by such forces or
Budget and Emergency Deficit Control Act of fense, in consultation with the Secretary of groups to the United States, and such equip-
1985. State, certifies in writing to the congressional ment may be treated as stocks of the Department
defense committees that such forces are con- of Defense upon written notification to the con-
AFGHANISTAN SECURITY FORCES FUND
trolled by a civilian, representative government gressional defense committees: Provided further,
For the ‘‘Afghanistan Security Forces Fund’’, That equipment procured using funds provided
$3,047,612,000, to remain available until Sep- that is protecting human rights and women’s
rights and preventing terrorists and terrorist under this heading, or under the heading, ‘‘Iraq
tember 30, 2022: Provided, That such funds shall Train and Equip Fund’’ in prior Acts, and not
be available to the Secretary of Defense for the groups from using the territory of Afghanistan
to threaten the security of the United States and yet transferred to security forces, irregular
purpose of allowing the Commander, Combined forces, or groups participating, or preparing to
Security Transition Command—Afghanistan, or United States allies: Provided further, That
participate in activities to counter the Islamic
the Secretary’s designee, to provide assistance, such amount is designated by the Congress for
State of Iraq and Syria may be treated as stocks
with the concurrence of the Secretary of State, Overseas Contingency Operations/Global War
of the Department of Defense when determined
to the security forces of Afghanistan, including on Terrorism pursuant to section 251(b)(2)(A)(ii)
by the Secretary to no longer be required for
the provision of equipment, supplies, services, of the Balanced Budget and Emergency Deficit
transfer to such forces or groups and upon writ-
training, facility and infrastructure repair, ren- Control Act of 1985.
ten notification to the congressional defense
ovation, construction, and funding: Provided COUNTER-ISIS TRAIN AND EQUIP FUND committees: Provided further, That the Sec-
further, That the Secretary of Defense may obli- For the ‘‘Counter-Islamic State of Iraq and retary of Defense shall provide quarterly reports
gate and expend funds made available to the Syria Train and Equip Fund’’, $700,000,000, to to the congressional defense committees on the
Department of Defense in this title for addi- remain available until September 30, 2022: Pro- use of funds provided under this heading, in-
tional costs associated with existing projects vided, That such funds shall be available to the cluding, but not limited to, the number of indi-
previously funded with amounts provided under Secretary of Defense in coordination with the viduals trained, the nature and scope of support
the heading ‘‘Afghanistan Infrastructure Secretary of State, to provide assistance, includ- and sustainment provided to each group or indi-
Fund’’ in prior Acts: Provided further, That ing training; equipment; logistics support, sup- vidual, the area of operations for each group,
such costs shall be limited to contract changes plies, and services; stipends; infrastructure re- and the contributions of other countries, groups,
resulting from inflation, market fluctuation, pair and renovation; construction for facility or individuals: Provided further, That such
rate adjustments, and other necessary contract fortification and humane treatment; and amount is designated by the Congress for Over-
actions to complete existing projects, and associ- sustainment, to foreign security forces, irregular seas Contingency Operations/Global War on
ated supervision and administration costs and forces, groups, or individuals participating, or Terrorism pursuant to section 251(b)(2)(A)(ii) of
costs for design during construction: Provided preparing to participate in activities to counter the Balanced Budget and Emergency Deficit
further, That the Secretary may not use more the Islamic State of Iraq and Syria, and their Control Act of 1985.
than $50,000,000 under the authority provided in affiliated or associated groups: Provided fur- PROCUREMENT
this section: Provided further, That the Sec- ther, That amounts made available under this AIRCRAFT PROCUREMENT, ARMY
retary shall notify in advance such contract heading shall be available to provide assistance
For an additional amount for ‘‘Aircraft Pro-
changes and adjustments in annual reports to only for activities in a country designated by
curement, Army’’, $595,112,000, to remain avail-
the congressional defense committees: Provided the Secretary of Defense, in coordination with able until September 30, 2023: Provided, That
further, That the authority to provide assist- the Secretary of State, as having a security mis- such amount is designated by the Congress for
ance under this heading is in addition to any sion to counter the Islamic State of Iraq and Overseas Contingency Operations/Global War
other authority to provide assistance to foreign Syria, and following written notification to the on Terrorism pursuant to section 251(b)(2)(A)(ii)
nations: Provided further, That contributions of congressional defense committees of such des- of the Balanced Budget and Emergency Deficit
funds for the purposes provided herein from any ignation: Provided further, That the Secretary Control Act of 1985.
person, foreign government, or international or- of Defense shall ensure that prior to providing
MISSILE PROCUREMENT, ARMY
ganization may be credited to this Fund, to re- assistance to elements of any forces or individ-
main available until expended, and used for uals, such elements or individuals are appro- For an additional amount for ‘‘Missile Pro-
such purposes: Provided further, That the Sec- priately vetted, including at a minimum, assess- curement, Army’’, $865,992,000, to remain avail-
retary of Defense shall notify the congressional ing such elements for associations with terrorist able until September 30, 2023: Provided, That
defense committees in writing upon the receipt groups or groups associated with the Govern- such amount is designated by the Congress for
and upon the obligation of any contribution, de- ment of Iran; and receiving commitments from Overseas Contingency Operations/Global War
lineating the sources and amounts of the funds such elements to promote respect for human on Terrorism pursuant to section 251(b)(2)(A)(ii)
received and the specific use of such contribu- rights and the rule of law: Provided further, of the Balanced Budget and Emergency Deficit
tions: Provided further, That the Secretary of That the Secretary of Defense shall, not fewer Control Act of 1985.
Defense shall, not fewer than 15 days prior to than 15 days prior to obligating from this appro- PROCUREMENT OF WEAPONS AND TRACKED
COMBAT VEHICLES, ARMY
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obligating from this appropriation account, no- priation account, notify the congressional de-
tify the congressional defense committees in fense committees in writing of the details of any For an additional amount for ‘‘Procurement
writing of the details of any such obligation: such obligation: Provided further, That the Sec- of Weapons and Tracked Combat Vehicles,
Provided further, That the Secretary of Defense retary of Defense may accept and retain con- Army’’, $15,225,000, to remain available until
shall notify the congressional defense commit- tributions, including assistance in-kind, from September 30, 2023: Provided, That such amount
tees in writing and not fewer than 15 days prior foreign governments, including the Government is designated by the Congress for Overseas Con-
to obligating funds for any proposed new of Iraq and other entities, to carry out assist- tingency Operations/Global War on Terrorism
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4011
pursuant to section 251(b)(2)(A)(ii) of the Bal- War on Terrorism pursuant to section gency Operations/Global War on Terrorism pur-
anced Budget and Emergency Deficit Control 251(b)(2)(A)(ii) of the Balanced Budget and suant to section 251(b)(2)(A)(ii) of the Balanced
Act of 1985. Emergency Deficit Control Act of 1985. Budget and Emergency Deficit Control Act of
PROCUREMENT OF AMMUNITION, ARMY PROCUREMENT OF AMMUNITION, AIR FORCE 1985.
For an additional amount for ‘‘Procurement For an additional amount for ‘‘Procurement RESEARCH, DEVELOPMENT, TEST AND
of Ammunition, Army’’, $110,668,000, to remain of Ammunition, Air Force’’, $802,455,000, to re- EVALUATION, DEFENSE-WIDE
available until September 30, 2023: Provided, main available until September 30, 2023: Pro- For an additional amount for ‘‘Research, De-
That such amount is designated by the Congress vided, That such amount is designated by the velopment, Test and Evaluation, Defense-
for Overseas Contingency Operations/Global Congress for Overseas Contingency Operations/ Wide’’, $80,818,000, to remain available until
War on Terrorism pursuant to section Global War on Terrorism pursuant to section September 30, 2022: Provided, That such amount
251(b)(2)(A)(ii) of the Balanced Budget and 251(b)(2)(A)(ii) of the Balanced Budget and is designated by the Congress for Overseas Con-
Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985. tingency Operations/Global War on Terrorism
OTHER PROCUREMENT, ARMY OTHER PROCUREMENT, AIR FORCE pursuant to section 251(b)(2)(A)(ii) of the Bal-
For an additional amount for ‘‘Other Procure- anced Budget and Emergency Deficit Control
For an additional amount for ‘‘Other Procure-
ment, Air Force’’, $355,339,000, to remain avail- Act of 1985.
ment, Army’’, $875,666,000, to remain available
until September 30, 2023: Provided, That such able until September 30, 2023: Provided, That REVOLVING AND MANAGEMENT FUNDS
amount is designated by the Congress for Over- such amount is designated by the Congress for DEFENSE WORKING CAPITAL FUNDS
seas Contingency Operations/Global War on Overseas Contingency Operations/Global War For an additional amount for ‘‘Defense Work-
Terrorism pursuant to section 251(b)(2)(A)(ii) of on Terrorism pursuant to section 251(b)(2)(A)(ii) ing Capital Funds’’, $20,090,000: Provided, That
the Balanced Budget and Emergency Deficit of the Balanced Budget and Emergency Deficit such amount is designated by the Congress for
Control Act of 1985. Control Act of 1985. Overseas Contingency Operations/Global War
AIRCRAFT PROCUREMENT, NAVY PROCUREMENT, DEFENSE-WIDE on Terrorism pursuant to section 251(b)(2)(A)(ii)
For an additional amount for ‘‘Aircraft Pro- For an additional amount for ‘‘Procurement, of the Balanced Budget and Emergency Deficit
curement, Navy’’, $33,241,000, to remain avail- Defense-Wide’’, $335,837,000, to remain available Control Act of 1985.
able until September 30, 2023: Provided, That until September 30, 2023: Provided, That such OTHER DEPARTMENT OF DEFENSE
such amount is designated by the Congress for amount is designated by the Congress for Over- PROGRAMS
Overseas Contingency Operations/Global War seas Contingency Operations/Global War on DEFENSE HEALTH PROGRAM
on Terrorism pursuant to section 251(b)(2)(A)(ii) Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit For an additional amount for ‘‘Defense
of the Balanced Budget and Emergency Deficit
Control Act of 1985. Health Program’’, $365,098,000, which shall be
Control Act of 1985.
for operation and maintenance: Provided, That
WEAPONS PROCUREMENT, NAVY NATIONAL GUARD AND RESERVE EQUIPMENT such amount is designated by the Congress for
For an additional amount for ‘‘Weapons Pro- ACCOUNT Overseas Contingency Operations/Global War
curement, Navy’’, $5,572,000, to remain available For procurement of rotary-wing aircraft; com- on Terrorism pursuant to section 251(b)(2)(A)(ii)
until September 30, 2023: Provided, That such bat, tactical and support vehicles; other weap- of the Balanced Budget and Emergency Deficit
amount is designated by the Congress for Over- ons; and other procurement items for the reserve Control Act of 1985.
seas Contingency Operations/Global War on components of the Armed Forces, $1,000,000,000, OFFICE OF THE INSPECTOR GENERAL
Terrorism pursuant to section 251(b)(2)(A)(ii) of to remain available for obligation until Sep-
tember 30, 2023: Provided, That the Chiefs of For an additional amount for the ‘‘Office of
the Balanced Budget and Emergency Deficit
National Guard and Reserve components shall, the Inspector General’’, $24,069,000: Provided,
Control Act of 1985.
not later than 30 days after enactment of this That such amount is designated by the Congress
PROCUREMENT OF AMMUNITION, NAVY AND for Overseas Contingency Operations/Global
MARINE CORPS Act, individually submit to the congressional de-
fense committees the modernization priority as- War on Terrorism pursuant to section
For an additional amount for ‘‘Procurement sessment for their respective National Guard or 251(b)(2)(A)(ii) of the Balanced Budget and
of Ammunition, Navy and Marine Corps’’, Reserve component: Provided further, That Emergency Deficit Control Act of 1985.
$77,424,000, to remain available until September none of the funds made available by this para- GENERAL PROVISIONS—THIS TITLE
30, 2023: Provided, That such amount is des- graph may be used to procure manned fixed SEC. 9001. Notwithstanding any other provi-
ignated by the Congress for Overseas Contin- wing aircraft, or procure or modify missiles, mu- sion of law, funds made available in this title
gency Operations/Global War on Terrorism pur- nitions, or ammunition: Provided further, That are in addition to amounts appropriated or oth-
suant to section 251(b)(2)(A)(ii) of the Balanced such amount is designated by the Congress for erwise made available for the Department of De-
Budget and Emergency Deficit Control Act of Overseas Contingency Operations/Global War fense for fiscal year 2021.
1985. on Terrorism pursuant to section 251(b)(2)(A)(ii) (INCLUDING TRANSFER OF FUNDS)
OTHER PROCUREMENT, NAVY of the Balanced Budget and Emergency Deficit
Control Act of 1985. SEC. 9002. Upon the determination of the Sec-
For an additional amount for ‘‘Other Procure-
retary of Defense that such action is necessary
ment, Navy’’, $341,612,000, to remain available RESEARCH, DEVELOPMENT, TEST AND in the national interest, the Secretary may, with
until September 30, 2023: Provided, That such EVALUATION the approval of the Office of Management and
amount is designated by the Congress for Over- RESEARCH, DEVELOPMENT, TEST AND Budget, transfer up to $900,000,000 between the
seas Contingency Operations/Global War on EVALUATION, ARMY appropriations or funds made available to the
Terrorism pursuant to section 251(b)(2)(A)(ii) of
For an additional amount for ‘‘Research, De- Department of Defense in this title: Provided,
the Balanced Budget and Emergency Deficit
velopment, Test and Evaluation, Army’’, That the Secretary shall notify the Congress
Control Act of 1985.
$175,824,000, to remain available until September promptly of each transfer made pursuant to the
PROCUREMENT, MARINE CORPS 30, 2022: Provided, That such amount is des- authority in this section: Provided further, That
For an additional amount for ‘‘Procurement, ignated by the Congress for Overseas Contin- the authority provided in this section is in addi-
Marine Corps’’, $47,963,000, to remain available gency Operations/Global War on Terrorism pur- tion to any other transfer authority available to
until September 30, 2023: Provided, That such suant to section 251(b)(2)(A)(ii) of the Balanced the Department of Defense and is subject to the
amount is designated by the Congress for Over- Budget and Emergency Deficit Control Act of same terms and conditions as the authority pro-
seas Contingency Operations/Global War on 1985. vided in section 8005 of this Act.
Terrorism pursuant to section 251(b)(2)(A)(ii) of RESEARCH, DEVELOPMENT, TEST AND SEC. 9003. Supervision and administration
the Balanced Budget and Emergency Deficit EVALUATION, NAVY costs and costs for design during construction
Control Act of 1985. associated with a construction project funded
For an additional amount for ‘‘Research, De-
AIRCRAFT PROCUREMENT, AIR FORCE with appropriations available for operation and
velopment, Test and Evaluation, Navy’’,
maintenance or the ‘‘Afghanistan Security
For an additional amount for ‘‘Aircraft Pro- $59,562,000, to remain available until September
Forces Fund’’ provided in this Act and executed
curement, Air Force’’, $787,665,000, to remain 30, 2022: Provided, That such amount is des-
in direct support of overseas contingency oper-
available until September 30, 2023: Provided, ignated by the Congress for Overseas Contin-
ations in Afghanistan, may be obligated at the
That such amount is designated by the Congress gency Operations/Global War on Terrorism pur-
time a construction contract is awarded: Pro-
for Overseas Contingency Operations/Global suant to section 251(b)(2)(A)(ii) of the Balanced
vided, That, for the purpose of this section, su-
War on Terrorism pursuant to section Budget and Emergency Deficit Control Act of
pervision and administration costs and costs for
251(b)(2)(A)(ii) of the Balanced Budget and 1985.
design during construction include all in-house
Emergency Deficit Control Act of 1985. RESEARCH, DEVELOPMENT, TEST AND
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Government costs.
MISSILE PROCUREMENT, AIR FORCE EVALUATION, AIR FORCE SEC. 9004. From funds made available in this
For an additional amount for ‘‘Missile Pro- For an additional amount for ‘‘Research, De- title, the Secretary of Defense may purchase for
curement, Air Force’’, $223,772,000, to remain velopment, Test and Evaluation, Air Force’’, use by military and civilian employees of the
available until September 30, 2023: Provided, $5,304,000, to remain available until September Department of Defense in the United States
That such amount is designated by the Congress 30, 2022: Provided, That such amount is des- Central Command area of responsibility: (1) pas-
for Overseas Contingency Operations/Global ignated by the Congress for Overseas Contin- senger motor vehicles up to a limit of $75,000 per
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H4012 CONGRESSIONAL RECORD — HOUSE July 30, 2020
vehicle; and (2) heavy and light armored vehi- SEC. 9008. None of the funds made available in available in this section, notify the congres-
cles for the physical security of personnel or for this Act may be used in contravention of the fol- sional defense committees in writing of the de-
force protection purposes up to a limit of lowing laws enacted or regulations promulgated tails of any such obligation: Provided further,
$450,000 per vehicle, notwithstanding price or to implement the United Nations Convention That the Secretary of Defense shall, not more
other limitations applicable to the purchase of Against Torture and Other Cruel, Inhuman or than 60 days after such notification is made, in-
passenger carrying vehicles. Degrading Treatment or Punishment (done at form such committees if such funds have not
SEC. 9005. Not to exceed $2,000,000 of the New York on December 10, 1984): been obligated and the reasons therefor: Pro-
amounts appropriated by this title under the (1) Section 2340A of title 18, United States vided further, That the United States may ac-
heading ‘‘Operation and Maintenance, Army’’ Code. cept equipment procured using funds made
may be used, notwithstanding any other provi- (2) Section 2242 of the Foreign Affairs Reform available in this section in this or prior Acts
sion of law, to fund the Commanders’ Emer- and Restructuring Act of 1998 (division G of that was transferred to the security forces of
gency Response Program (CERP), for the pur- Public Law 105–277; 112 Stat. 2681–822; 8 U.S.C. Ukraine and returned by such forces to the
pose of enabling military commanders in Af- 1231 note) and regulations prescribed thereto, United States: Provided further, That equipment
ghanistan to respond to urgent, small-scale, hu- including regulations under part 208 of title 8, procured using funds made available in this sec-
manitarian relief and reconstruction require- Code of Federal Regulations, and part 95 of title tion in this or prior Acts, and not yet trans-
ments within their areas of responsibility: Pro- 22, Code of Federal Regulations. ferred to the military or National Security
vided, That each project (including any ancil- (3) Sections 1002 and 1003 of the Department Forces of Ukraine or returned by such forces to
lary or related elements in connection with such of Defense, Emergency Supplemental Appropria- the United States, may be treated as stocks of
project) executed under this authority shall not tions to Address Hurricanes in the Gulf of Mex- the Department of Defense upon written notifi-
exceed $1,000,000: Provided further, That not ico, and Pandemic Influenza Act, 2006 (Public cation to the congressional defense committees:
later than 45 days after the end of each 6 Law 109–148). Provided further, That, notwithstanding any
months of the fiscal year, the Secretary of De- SEC. 9009. None of the funds provided for the other provision of law, amounts made available
fense shall submit to the congressional defense ‘‘Afghanistan Security Forces Fund’’ (ASFF) in this section shall be exempt from apportion-
committees a report regarding the source of may be obligated prior to the approval of a fi- ment under chapter 15 of title 31, United States
funds and the allocation and use of funds dur- nancial and activity plan by the Afghanistan Code.
ing that 6-month period that were made avail- Resources Oversight Council (AROC) of the De- SEC. 9014. Funds appropriated in this title
able pursuant to the authority provided in this partment of Defense: Provided, That the AROC shall be available for replacement of funds for
section or under any other provision of law for must approve the requirement and acquisition items provided to the Government of Ukraine
the purposes described herein: Provided further, plan for any service requirements in excess of from the inventory of the United States to the
That, not later than 30 days after the end of $50,000,000 annually and any non-standard extent specifically provided for in section 9013 of
each fiscal year quarter, the Army shall submit equipment requirements in excess of $100,000,000 this Act.
to the congressional defense committees quar- using ASFF: Provided further, That the Depart- SEC. 9015. None of the funds made available
terly commitment, obligation, and expenditure ment of Defense must certify to the congres- by this Act may be used to provide arms, train-
data for the CERP in Afghanistan: Provided sional defense committees that the AROC has ing, or other assistance to the Azov Battalion.
further, That, not less than 15 days before mak- convened and approved a process for ensuring SEC. 9016. Equipment procured using funds
ing funds available pursuant to the authority compliance with the requirements in the pre- provided in prior Acts under the heading
provided in this section or under any other pro- ceding proviso and accompanying report lan- ‘‘Counterterrorism Partnerships Fund’’ for the
vision of law for the purposes described herein guage for the ASFF. program authorized by section 1209 of the Carl
for a project with a total anticipated cost for SEC. 9010. Funds made available in this title to Levin and Howard P. ‘‘Buck’’ McKeon National
completion of $500,000 or more, the Secretary the Department of Defense for operation and Defense Authorization Act for Fiscal Year 2015
shall submit to the congressional defense com- maintenance may be used to purchase items (Public Law 113–291), or under the heading
mittees a written notice containing each of the having an investment unit cost of not more than ‘‘Iraq Train and Equip Fund’’ for the program
following: $250,000: Provided, That, upon determination by authorized by section 1236 of such Act, and not
(1) The location, nature and purpose of the the Secretary of Defense that such action is nec- yet transferred to authorized recipients may be
proposed project, including how the project is essary to meet the operational requirements of a transferred to foreign security forces, irregular
intended to advance the military campaign plan Commander of a Combatant Command engaged forces, groups, or individuals, authorized to re-
for the country in which it is to be carried out. in contingency operations overseas, such funds ceive assistance using amounts provided under
(2) The budget, implementation timeline with may be used to purchase items having an invest- the heading ‘‘Counter-ISIS Train and Equip
milestones, and completion date for the proposed ment item unit cost of not more than $500,000. Fund’’ in this Act: Provided, That such equip-
project, including any other CERP funding that SEC. 9011. Up to $500,000,000 of funds appro- ment may be transferred 15 days following writ-
has been or is anticipated to be contributed to priated by this Act for the Defense Security Co- ten notification to the congressional defense
the completion of the project. operation Agency in ‘‘Operation and Mainte- committees.
(3) A plan for the sustainment of the proposed nance, Defense-Wide’’ may be used to provide SEC. 9017. (a) None of the funds appropriated
project, including the agreement with either the assistance to the Government of Jordan to sup- or otherwise made available by this Act under
host nation, a non-Department of Defense agen- port the armed forces of Jordan and to enhance the headings ‘‘Operation and Maintenance, De-
cy of the United States Government or a third- security along its borders. fense-Wide’’ and ‘‘Counter-ISIS Train and
party contributor to finance the sustainment of SEC. 9012. None of the funds made available Equip Fund’’ for reimbursement made to the
the activities and maintenance of any equip- by this Act under the headings ‘‘Afghanistan Government of Pakistan under section 1226 of
ment or facilities to be provided through the Security Forces Fund’’ and ‘‘Counter-ISIS the National Defense Authorization Act for Fis-
proposed project. Train and Equip Fund’’, and under the heading cal Year 2016 (22 U.S.C. 2151 note) may be made
SEC. 9006. Funds available to the Department ‘‘Operation and Maintenance, Defense-Wide’’ available unless the Secretary of Defense, in co-
of Defense for operation and maintenance may for Department of Defense security cooperation ordination with the Secretary of State, certifies
be used, notwithstanding any other provision of grant programs, may be used to procure or to the congressional defense committees that the
law, to provide supplies, services, transpor- transfer man-portable air defense systems. Government of Pakistan is—
tation, including airlift and sealift, and other SEC. 9013. Of the amounts appropriated in this (1) cooperating with the United States in
logistical support to allied forces participating title under the heading ‘‘Operation and Mainte- counterterrorism efforts against the Haqqani
in a combined operation with the armed forces nance, Defense-Wide’’, for the Defense Security Network, the Quetta Shura Taliban, Lashkar e-
of the United States and coalition forces sup- Cooperation Agency, $275,000,000, of which Tayyiba, Jaish-e-Mohammed, Al Qaeda, and
porting military and stability operations in Af- $137,500,000 to remain available until September other domestic and foreign terrorist organiza-
ghanistan and to counter the Islamic State of 30, 2021, shall be for the Ukraine Security As- tions, including taking steps to end support for
Iraq and Syria: Provided, That the Secretary of sistance Initiative: Provided, That such funds such groups and prevent them from basing and
Defense shall provide quarterly reports to the shall be available to the Secretary of Defense, in operating in Pakistan and carrying out cross
congressional defense committees regarding sup- coordination with the Secretary of State, to pro- border attacks into neighboring countries;
port provided under this section. vide assistance, including training; equipment; (2) not supporting terrorist activities against
SEC. 9007. None of the funds appropriated or lethal assistance; logistics support, supplies and United States or coalition forces in Afghanistan,
otherwise made available by this or any other services; sustainment; and intelligence support and Pakistan’s military and intelligence agen-
Act shall be obligated or expended by the United to the military and national security forces of cies are not intervening extra-judicially into po-
States Government for a purpose as follows: Ukraine, and for replacement of any weapons or litical and judicial processes in Pakistan;
(1) To establish any military installation or articles provided to the Government of Ukraine (3) dismantling improvised explosive device
base for the purpose of providing for the perma- from the inventory of the United States: Pro- (IED) networks and interdicting precursor
nent stationing of United States Armed Forces vided further, That of the amounts made avail- chemicals used in the manufacture of IEDs;
dlhill on DSK120RN23PROD with HOUSE
in Iraq. able in this section, $50,000,000 shall be available (4) preventing the proliferation of nuclear-re-
(2) To exercise United States control over any only for lethal assistance described in para- lated material and expertise;
oil resource of Iraq or Syria. graphs (2) and (3) of section 1250(b) of the Na- (5) implementing policies to protect judicial
(3) To establish any military installation or tional Defense Authorization Act for Fiscal independence and due process of law;
base for the purpose of providing for the perma- Year 2016 (Public Law 114–92): Provided further, (6) issuing visas in a timely manner for United
nent stationing of United States Armed Forces That the Secretary of Defense shall, not less States visitors engaged in counterterrorism ef-
in Afghanistan. than 15 days prior to obligating funds made forts and assistance programs in Pakistan; and
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4013
(7) providing humanitarian organizations ac- SEC. 9022. None of the funds made available ligated or expended for any use of military force
cess to detainees, internally displaced persons, by this Act may be made available for any mem- in or against Iran unless Congress has—
and other Pakistani civilians affected by the ber of the Taliban except to support a reconcili- (A) declared war; or
conflict. ation activity that includes the participation of (B) enacted specific statutory authorization
(b) The Secretary of Defense, in coordination members of the Government of Afghanistan, for such use of military force after the date of
with the Secretary of State, may waive the re- does not restrict the participation of women, the enactment of this Act that meets the require-
striction in subsection (a) on a case-by-case and is authorized by section 1218 of the Na- ments of the War Powers Resolution (50 U.S.C.
basis by certifying in writing to the congres- tional Defense Authorization Act for Fiscal 1541 et seq.).
sional defense committees that it is in the na- Year 2020 (Public Law 116–92). (2) The prohibition under paragraph (1) shall
tional security interest to do so: Provided, That SEC. 9023. Nothing in this Act may be con- not apply to a use of military force that is con-
if the Secretary of Defense, in coordination with strued as authorizing the use of force against sistent with section (2)(c) of the War Powers
the Secretary of State, exercises such waiver au- Iran. Resolution.
thority, the Secretaries shall report to the con- SEC. 9024. Not later than 15 days after the (b) Nothing in this section may be construed—
gressional defense committees on both the jus- date on which any foreign base that involves (1) to prevent the President from using nec-
tification for the waiver and on the require- the stationing or operations of the United States essary and appropriate force to defend United
ments of this section that the Government of Armed Forces, including a temporary base, per- States allies and partners if Congress enacts
Pakistan was not able to meet: Provided further, manent base, or base owned and operated by a specific statutory authorization for such use of
That such report may be submitted in classified foreign country, is opened or closed, the Sec- force consistent with the requirements of the
form if necessary. retary of Defense shall notify the congressional War Powers Resolution (50 U.S.C. 1541 et seq.);
SEC. 9018. None of the funds made available defense committees in writing of the opening or (2) to relieve the executive branch of restric-
by this Act may be used with respect to Iraq in closing of such base: Provided, that such notifi- tions on the use of force, reporting, or consulta-
contravention of the War Powers Resolution (50 cation shall also include information on any tion requirements set forth in the War Powers
U.S.C. 1541 et seq.), including for the introduc- personnel changes, costs, and savings associated Resolution (50 U.S.C. 1541 et seq.); or
tion of United States armed forces into hos- with the opening or closing of such base. (3) to authorize the use of military force.
tilities in Iraq, into situations in Iraq where im- (INCLUDING TRANSFER OF FUNDS) SEC. 9030. None of the funds appropriated or
minent involvement in hostilities is clearly indi- otherwise made available by this Act may be
SEC. 9025. In addition to amounts otherwise
cated by the circumstances, or into Iraqi terri- used to carry out or support any law enforce-
made available in this Act, $250,000,000 is hereby
tory, airspace, or waters while equipped for ment action, carried out by a member of the
appropriated to the Department of Defense and
combat, in contravention of the congressional Armed Forces or employee (including any con-
made available for transfer only to the oper-
consultation and reporting requirements of sec- tract employee) of the Department of Defense
ation and maintenance, military personnel, and
tions 3 and 4 of such Resolution (50 U.S.C. 1542 deployed pursuant to section 253 of title 10,
procurement accounts, to improve near-term in-
and 1543). United States Code, unless such individual
telligence, surveillance, and reconnaissance ca-
wears a clearly visible identification that indi-
SEC. 9019. None of the funds made available pabilities and related processing, exploitation,
cates the first and last name of the individual,
by this Act may be used with respect to Syria in and dissemination functions of the Department
a unique identifier or badge number, rank or
contravention of the War Powers Resolution (50 of Defense: Provided, That the transfer author-
title, and the Armed Force or agency that vests
U.S.C. 1541 et seq.), including for the introduc- ity provided in this section is in addition to any
such individual with authority to carry out or
tion of United States armed or military forces other transfer authority provided elsewhere in
support such action.
into hostilities in Syria, into situations in Syria this Act: Provided further, That not later than This Act may be cited as the ‘‘Department of
where imminent involvement in hostilities is 30 days prior to exercising the transfer authority Defense Appropriations Act, 2021’’.
clearly indicated by the circumstances, or into provided in this section, the Secretary of De-
Syrian territory, airspace, or waters while fense shall submit a report to the congressional DIVISION B—COMMERCE, JUSTICE,
equipped for combat, in contravention of the defense committees on the proposed uses of these SCIENCE, AND RELATED AGENCIES AP-
congressional consultation and reporting re- funds: Provided further, That the funds pro- PROPRIATIONS ACT, 2021
quirements of sections 3 and 4 of that law (50 vided in this section may not be transferred to That the following sums are appropriated, out
U.S.C. 1542 and 1543). any program, project, or activity specifically of any money in the Treasury not otherwise ap-
SEC. 9020. None of the funds in this Act may limited or denied by this Act: Provided further, propriated, for the fiscal year ending September
be made available for the transfer of additional That such funds may not be obligated for new 30, 2021, and for other purposes, namely:
C–130 cargo aircraft to the Afghanistan Na- start efforts: Provided further, That amounts TITLE I
tional Security Forces or the Afghanistan Air made available by this section are designated by DEPARTMENT OF COMMERCE
Force. the Congress for Overseas Contingency Oper-
INTERNATIONAL TRADE ADMINISTRATION
SEC. 9021. Funds made available by this Act ations/Global War on Terrorism pursuant to sec-
under the heading ‘‘Afghanistan Security tion 251(b)(2)(A)(ii) of the Balanced Budget and OPERATIONS AND ADMINISTRATION
Forces Fund’’ may be used to provide limited Emergency Deficit Control Act of 1985: Provided For necessary expenses for international trade
training, equipment, and other assistance that further, That the authority to provide funding activities of the Department of Commerce pro-
would otherwise be prohibited by 10 U.S.C. 362 under this section shall terminate on September vided for by law, to carry out activities associ-
to a unit of the security forces of Afghanistan 30, 2021. ated with facilitating, attracting, and retaining
only if the Secretary of Defense certifies to the (RESCISSIONS) business investment in the United States, and
congressional defense committees, within 30 SEC. 9026. Of the funds appropriated in De- for engaging in trade promotional activities
days of a decision to provide such assistance, partment of Defense Appropriations Acts, the abroad, including expenses of grants and coop-
that (1) a denial of such assistance would following funds are hereby rescinded from the erative agreements for the purpose of promoting
present significant risk to United States or coali- following accounts and programs in the speci- exports of United States firms, without regard to
tion forces or significantly undermine United fied amounts: Provided, That such amounts are sections 3702 and 3703 of title 44, United States
States national security objectives in Afghani- designated by the Congress for Overseas Contin- Code; full medical coverage for dependent mem-
stan; and (2) the Secretary has sought a commit- gency Operations/Global War on Terrorism pur- bers of immediate families of employees sta-
ment by the Government of Afghanistan to take suant to section 251(b)(2)(A)(ii) of the Balanced tioned overseas and employees temporarily post-
all necessary corrective steps: Provided, That Budget and Emergency Deficit Control Act of ed overseas; travel and transportation of em-
such certification shall be accompanied by a re- 1985: ployees of the International Trade Administra-
port describing: (1) the information relating to ‘‘Aircraft Procurement, Air Force’’, 2019/2021, tion between two points abroad, without regard
the gross violation of human rights; (2) the cir- $16,400,000; to section 40118 of title 49, United States Code;
cumstances that necessitated the provision of ‘‘Operation and Maintenance, Defense-Wide: employment of citizens of the United States and
such assistance; (3) the Afghan security force Defense Security Cooperation Agency’’, 2020/ aliens by contract for services; rental of space
unit involved; (4) the assistance provided and 2021, $80,000,000; abroad for periods not exceeding 10 years, and
the assistance withheld; and (5) the corrective ‘‘Afghanistan Security Forces Fund’’, 2020/ expenses of alteration, repair, or improvement;
steps to be taken by the Government of Afghani- 2021, $1,100,000,000; and purchase or construction of temporary demount-
stan: Provided further, That every 120 days ‘‘Counter-ISIS Train and Equip Fund’’, 2020/ able exhibition structures for use abroad; pay-
after the initial report an additional report shall 2021, $250,000,000. ment of tort claims, in the manner authorized in
be submitted detailing the status of any correc- SEC. 9027. Effective 240 days after the date of the first paragraph of section 2672 of title 28,
tive steps taken by the Government of Afghani- the enactment of this Act, the Authorization for United States Code, when such claims arise in
stan: Provided further, That if the Government Use of Military Force (Public Law 107–40; 50 foreign countries; not to exceed $294,300 for offi-
of Afghanistan has not initiated necessary cor- U.S.C. 1541 note) is hereby repealed. cial representation expenses abroad; purchase of
dlhill on DSK120RN23PROD with HOUSE
rective steps within one year of the certification, SEC. 9028. The Authorization for Use of Mili- passenger motor vehicles for official use abroad,
the authority under this section to provide as- tary Force Against Iraq Resolution of 2002 (Pub- not to exceed $45,000 per vehicle; obtaining in-
sistance to such unit shall no longer apply: Pro- lic Law 107–243; 50 U.S.C. 1541 note) is hereby surance on official motor vehicles; and rental of
vided further, That the Secretary shall submit a repealed. tie lines, $542,428,000, of which $75,000,000 shall
report to such committees detailing the final dis- SEC. 9029. (a)(1) Except as provided in para- remain available until September 30, 2022: Pro-
position of the case by the Government of Af- graph (2), none of the funds appropriated or vided, That $11,000,000 is to be derived from fees
ghanistan. otherwise made available by this Act may be ob- to be retained and used by the International
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H4014 CONGRESSIONAL RECORD — HOUSE July 30, 2020
Trade Administration, notwithstanding section MINORITY BUSINESS DEVELOPMENT AGENCY as offsetting collections of fees and surcharges
3302 of title 31, United States Code: Provided MINORITY BUSINESS DEVELOPMENT assessed and collected by the USPTO under any
further, That, of amounts provided under this For necessary expenses of the Department of law are received during fiscal year 2021, so as to
heading, not less than $16,400,000 shall be for Commerce in fostering, promoting, and devel- result in a fiscal year 2021 appropriation from
China antidumping and countervailing duty en- oping minority business enterprises, including the general fund estimated at $0: Provided fur-
forcement and compliance activities: Provided expenses of grants, contracts, and other agree- ther, That during fiscal year 2021, should the
further, That the provisions of the first sentence ments with public or private organizations, total amount of such offsetting collections be
of section 105(f) and all of section 108(c) of the $52,000,000, of which not more than $16,000,000 less than $3,695,295,000, this amount shall be re-
Mutual Educational and Cultural Exchange Act shall be available for overhead expenses, includ- duced accordingly: Provided further, That any
of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall ing salaries and expenses, rent, utilities, and in- amount received in excess of $3,695,295,000 in fis-
apply in carrying out these activities; and that formation technology services. cal year 2021 and deposited in the Patent and
for the purpose of this Act, contributions under Trademark Fee Reserve Fund shall remain
the provisions of the Mutual Educational and ECONOMIC AND STATISTICAL ANALYSIS available until expended: Provided further,
Cultural Exchange Act of 1961 shall include SALARIES AND EXPENSES That the Director of USPTO shall submit a
payment for assessments for services provided as For necessary expenses, as authorized by law, spending plan to the Committees on Appropria-
part of these activities. of economic and statistical analysis programs of tions of the House of Representatives and the
BUREAU OF INDUSTRY AND SECURITY the Department of Commerce, $111,855,000, to re- Senate for any amounts made available by the
main available until September 30, 2022. preceding proviso and such spending plan shall
OPERATIONS AND ADMINISTRATION be treated as a reprogramming under section 505
BUREAU OF THE CENSUS
For necessary expenses for export administra- of this Act and shall not be available for obliga-
CURRENT SURVEYS AND PROGRAMS
tion and national security activities of the De- tion or expenditure except in compliance with
For necessary expenses for collecting, com- the procedures set forth in that section: Pro-
partment of Commerce, including costs associ-
piling, analyzing, preparing, and publishing vided further, That any amounts reprogrammed
ated with the performance of export administra-
statistics, provided for by law, $288,403,000: Pro- in accordance with the preceding proviso shall
tion field activities both domestically and
vided, That, from amounts provided herein, be transferred to the United States Patent and
abroad; full medical coverage for dependent
funds may be used for promotion, outreach, and Trademark Office ‘‘Salaries and Expenses’’ ac-
members of immediate families of employees sta-
marketing activities. count: Provided further, That from amounts
tioned overseas; employment of citizens of the
United States and aliens by contract for services PERIODIC CENSUSES AND PROGRAMS provided herein, not to exceed $900 shall be
abroad; payment of tort claims, in the manner (INCLUDING TRANSFER OF FUNDS) made available in fiscal year 2021 for official re-
authorized in the first paragraph of section 2672 For necessary expenses for collecting, com- ception and representation expenses: Provided
of title 28, United States Code, when such claims piling, analyzing, preparing, and publishing further, That in fiscal year 2021 from the
arise in foreign countries; not to exceed $13,500 statistics for periodic censuses and programs amounts made available for ‘‘Salaries and Ex-
for official representation expenses abroad; provided for by law, $1,392,709,000, to remain penses’’ for the USPTO, the amounts necessary
awards of compensation to informers under the available until September 30, 2023: Provided, to pay (1) the difference between the percentage
Export Control Reform Act of 2018 (subtitle B of That, from amounts provided herein, funds may of basic pay contributed by the USPTO and em-
title XVII of the John S. McCain National De- be used for promotion, outreach, and marketing ployees under section 8334(a) of title 5, United
fense Authorization Act for Fiscal Year 2019; activities: Provided further, That within the States Code, and the normal cost percentage (as
Public Law 115–232; 132 Stat. 2208; 50 U.S.C. amounts appropriated, $3,556,000 shall be trans- defined by section 8331(17) of that title) as pro-
4801 et seq.), and as authorized by section 1(b) ferred to the ‘‘Office of Inspector General’’ ac- vided by the Office of Personnel Management
of the Act of June 15, 1917 (40 Stat. 223; 22 count for activities associated with carrying out (OPM) for USPTO’s specific use, of basic pay,
U.S.C. 401(b)); and purchase of passenger motor investigations and audits related to the Bureau of employees subject to subchapter III of chapter
vehicles for official use and motor vehicles for of the Census. 83 of that title, and (2) the present value of the
law enforcement use with special requirement otherwise unfunded accruing costs, as deter-
NATIONAL TELECOMMUNICATIONS AND
vehicles eligible for purchase without regard to mined by OPM for USPTO’s specific use of post-
INFORMATION ADMINISTRATION
any price limitation otherwise established by retirement life insurance and post-retirement
SALARIES AND EXPENSES health benefits coverage for all USPTO employ-
law, $137,664,000, to remain available until ex-
pended: Provided, That the provisions of the For necessary expenses, as provided for by ees who are enrolled in Federal Employees
first sentence of section 105(f) and all of section law, of the National Telecommunications and Health Benefits (FEHB) and Federal Employees
108(c) of the Mutual Educational and Cultural Information Administration (NTIA), $45,500,000, Group Life Insurance (FEGLI), shall be trans-
Exchange Act of 1961 (22 U.S.C. 2455(f) and to remain available until September 30, 2022: ferred to the Civil Service Retirement and Dis-
2458(c)) shall apply in carrying out these activi- Provided, That, notwithstanding 31 U.S.C. ability Fund, the FEGLI Fund, and the Em-
ties: Provided further, That payments and con- 1535(d), the Secretary of Commerce shall charge ployees FEHB Fund, as appropriate, and shall
tributions collected and accepted for materials Federal agencies for costs incurred in spectrum be available for the authorized purposes of those
or services provided as part of such activities management, analysis, operations, and related accounts: Provided further, That any dif-
may be retained for use in covering the cost of services, and such fees shall be retained and ferences between the present value factors pub-
such activities, and for providing information to used as offsetting collections for costs of such lished in OPM’s yearly 300 series benefit letters
the public with respect to the export administra- spectrum services, to remain available until ex- and the factors that OPM provides for USPTO’s
tion and national security activities of the De- pended: Provided further, That the Secretary of specific use shall be recognized as an imputed
partment of Commerce and other export control Commerce is authorized to retain and use as off- cost on USPTO’s financial statements, where
programs of the United States and other govern- setting collections all funds transferred, or pre- applicable: Provided further, That, notwith-
ments. viously transferred, from other Government standing any other provision of law, all fees
agencies for all costs incurred in telecommuni- and surcharges assessed and collected by
ECONOMIC DEVELOPMENT ADMINISTRATION cations research, engineering, and related ac- USPTO are available for USPTO only pursuant
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS tivities by the Institute for Telecommunication to section 42(c) of title 35, United States Code, as
Sciences of NTIA, in furtherance of its assigned amended by section 22 of the Leahy-Smith
For grants for economic development assist-
functions under this paragraph, and such funds America Invents Act (Public Law 112–29): Pro-
ance as provided by the Public Works and Eco-
received from other Government agencies shall vided further, That within the amounts appro-
nomic Development Act of 1965, for trade adjust-
remain available until expended. priated, $2,000,000 shall be transferred to the
ment assistance, and for grants authorized by
PUBLIC TELECOMMUNICATIONS FACILITIES, ‘‘Office of Inspector General’’ account for ac-
sections 27 and 28 of the Stevenson-Wydler
PLANNING AND CONSTRUCTION tivities associated with carrying out investiga-
Technology Innovation Act of 1980 (15 U.S.C.
For the administration of prior-year grants, tions and audits related to the USPTO.
3722 and 3723), $314,000,000, to remain available
until expended, of which $35,000,000 shall be for recoveries and unobligated balances of funds NATIONAL INSTITUTE OF STANDARDS AND
grants under such section 27 and $4,500,000 shall previously appropriated are available for the TECHNOLOGY
be for grants under such section 28. administration of all open grants until their ex- SCIENTIFIC AND TECHNICAL RESEARCH AND
piration. SERVICES
SALARIES AND EXPENSES
UNITED STATES PATENT AND TRADEMARK OFFICE (INCLUDING TRANSFER OF FUNDS)
For necessary expenses of administering the
SALARIES AND EXPENSES
economic development assistance programs as For necessary expenses of the National Insti-
provided for by law, $42,000,000: Provided, That (INCLUDING TRANSFERS OF FUNDS) tute of Standards and Technology (NIST),
funds provided under this heading may be used For necessary expenses of the United States $789,000,000, to remain available until expended,
dlhill on DSK120RN23PROD with HOUSE
to monitor projects approved pursuant to title I Patent and Trademark Office (USPTO) provided of which not to exceed $9,000,000 may be trans-
of the Public Works Employment Act of 1976, for by law, including defense of suits instituted ferred to the ‘‘Working Capital Fund’’: Pro-
title II of the Trade Act of 1974, sections 27 and against the Under Secretary of Commerce for In- vided, That not to exceed $5,000 shall be for offi-
28 of the Stevenson-Wydler Technology Innova- tellectual Property and Director of the USPTO, cial reception and representation expenses: Pro-
tion Act of 1980 (15 U.S.C. 3722 and 3723), and $3,695,295,000, to remain available until ex- vided further, That NIST may provide local
the Community Emergency Drought Relief Act pended: Provided, That the sum herein appro- transportation for summer undergraduate re-
of 1977. priated from the general fund shall be reduced search fellowship program participants.
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4015
INDUSTRIAL TECHNOLOGY SERVICES mospheric Administration, $1,524,360,000, to re- DEPARTMENTAL MANAGEMENT
For necessary expenses for industrial tech- main available until September 30, 2023, except SALARIES AND EXPENSES
nology services, $170,000,000, to remain available that funds provided for acquisition and con- For necessary expenses for the management of
until expended, of which $153,000,000 shall be struction of vessels and construction of facilities the Department of Commerce provided for by
for the Hollings Manufacturing Extension Part- shall remain available until expended: Provided, law, including not to exceed $4,500 for official
nership, and of which $17,000,000 shall be for That of the $1,537,360,000 provided for in direct reception and representation, $73,080,000: Pro-
the National Network for Manufacturing Inno- obligations under this heading, $1,524,360,000 is vided, That no employee of the Department of
vation (also known as ‘‘Manufacturing USA’’). appropriated from the general fund and Commerce may be detailed or assigned from a
$13,000,000 is provided from recoveries of prior bureau or office funded by this Act or any other
CONSTRUCTION OF RESEARCH FACILITIES
year obligations: Provided further, That any de- Act to offices within the Office of the Secretary
For construction of new research facilities, in- viation from the amounts designated for specific
cluding architectural and engineering design, of the Department of Commerce for more than 30
activities in the report accompanying this Act or days in a fiscal year unless the individual’s em-
and for renovation and maintenance of existing any use of deobligated balances of funds pro-
facilities, not otherwise provided for the Na- ploying bureau or office is fully reimbursed for
vided under this heading in previous years, the salary and expenses of the employee for the
tional Institute of Standards and Technology, shall be subject to the procedures set forth in
as authorized by sections 13 through 15 of the entire period of assignment using funds pro-
section 505 of this Act: Provided further, That vided under this heading.
National Institute of Standards and Technology the Secretary of Commerce shall include in
Act (15 U.S.C. 278c–278e), $85,000,000, to remain budget justification materials that the Secretary RENOVATION AND MODERNIZATION
available until expended: Provided, That the submits to Congress in support of the Depart- For necessary expenses for the renovation and
Secretary of Commerce shall include in the ment of Commerce budget (as submitted with the modernization of the Herbert C. Hoover Build-
budget justification materials that the Secretary budget of the President under section 1105(a) of ing, $1,123,000.
submits to Congress in support of the Depart- title 31, United States Code) an estimate for NONRECURRING EXPENSES FUND
ment of Commerce budget (as submitted with the each National Oceanic and Atmospheric Admin-
budget of the President under section 1105(a) of For necessary expenses for a business applica-
istration procurement, acquisition or construc- tion system modernization, $20,000,000, to re-
title 31, United States Code) an estimate for tion project having a total of more than
each National Institute of Standards and Tech- main available until September 30, 2023.
$5,000,000 and simultaneously the budget jus-
nology construction project having a total OFFICE OF INSPECTOR GENERAL
tification shall include an estimate of the budg-
multi-year program cost of more than $5,000,000, etary requirements for each such project for For necessary expenses of the Office of In-
and simultaneously the budget justification ma- each of the 5 subsequent fiscal years: Provided spector General in carrying out the provisions of
terials shall include an estimate of the budg- further, That, within the amounts appropriated, the Inspector General Act of 1978 (5 U.S.C.
etary requirements for each such project for $1,302,000 shall be transferred to the ‘‘Office of App.), $35,520,000: Provided, That notwith-
each of the 5 subsequent fiscal years. Inspector General’’ account for activities associ- standing section 6413 of the Middle Class Tax
NATIONAL OCEANIC AND ATMOSPHERIC ated with carrying out investigations and audits Relief and Job Creation Act of 2012 (Public Law
ADMINISTRATION related to satellite procurement, acquisition and 112–96), an additional $2,000,000, to remain
OPERATIONS, RESEARCH, AND FACILITIES construction. available until expended, shall be derived from
the Public Safety Trust Fund for activities asso-
(INCLUDING TRANSFER OF FUNDS) PACIFIC COASTAL SALMON RECOVERY ciated with carrying out investigations and au-
For necessary expenses of activities author- For necessary expenses associated with the dits related to the First Responder Network Au-
ized by law for the National Oceanic and At- restoration of Pacific salmon populations, thority (FirstNet).
mospheric Administration, including mainte- $65,000,000, to remain available until September GENERAL PROVISIONS—DEPARTMENT OF
nance, operation, and hire of aircraft and ves- 30, 2022: Provided, That, of the funds provided COMMERCE
sels; pilot programs for state-led fisheries man- herein, the Secretary of Commerce may issue (INCLUDING TRANSFER OF FUNDS)
agement, notwithstanding any other provision grants to the States of Washington, Oregon,
of law; grants, contracts, or other payments to SEC. 101. During the current fiscal year, appli-
Idaho, Nevada, California, and Alaska, and to
nonprofit organizations for the purposes of con- cable appropriations and funds made available
the Federally recognized tribes of the Columbia
ducting activities pursuant to cooperative agree- to the Department of Commerce by this Act shall
River and Pacific Coast (including Alaska), for
ments; and relocation of facilities, $3,871,659,000, be available for the activities specified in the
projects necessary for conservation of salmon
to remain available until September 30, 2022: Act of October 26, 1949 (15 U.S.C. 1514), to the
and steelhead populations that are listed as
Provided, That fees and donations received by extent and in the manner prescribed by the Act,
threatened or endangered, or that are identified
the National Ocean Service for the management and, notwithstanding 31 U.S.C. 3324, may be
by a State as at-risk to be so listed, for main-
of national marine sanctuaries may be retained used for advanced payments not otherwise au-
taining populations necessary for exercise of
and used for the salaries and expenses associ- thorized only upon the certification of officials
tribal treaty fishing rights or native subsistence
ated with those activities, notwithstanding sec- designated by the Secretary of Commerce that
fishing, or for conservation of Pacific coastal
tion 3302 of title 31, United States Code: Pro- such payments are in the public interest.
salmon and steelhead habitat, based on guide-
vided further, That in addition, $253,171,000 SEC. 102. During the current fiscal year, ap-
lines to be developed by the Secretary of Com-
shall be derived by transfer from the fund enti- propriations made available to the Department
merce: Provided further, That all funds shall be
tled ‘‘Promote and Develop Fishery Products of Commerce by this Act for salaries and ex-
allocated based on scientific and other merit
and Research Pertaining to American Fish- penses shall be available for hire of passenger
principles and shall not be available for mar-
eries’’, which shall only be used for the Fishery motor vehicles as authorized by 31 U.S.C. 1343
keting activities: Provided further, That funds
Science and Management program activities: and 1344; services as authorized by 5 U.S.C.
disbursed to States shall be subject to a match-
Provided further, That not to exceed $66,389,000 3109; and uniforms or allowances therefor, as
ing requirement of funds or documented in-kind
shall be for payment to the Department of Com- authorized by law (5 U.S.C. 5901–5902).
contributions of at least 33 percent of the Fed-
merce Working Capital Fund: Provided further, SEC. 103. Not to exceed 5 percent of any ap-
eral funds.
That of the $4,142,330,000 provided for in direct propriation made available for the current fiscal
obligations under this heading, $3,871,659,000 is FISHERMEN’S CONTINGENCY FUND year for the Department of Commerce in this Act
appropriated from the general fund, $253,171,000 For carrying out the provisions of title IV of may be transferred between such appropria-
is provided by transfer, and $17,500,000 is de- Public Law 95–372, not to exceed $349,000, to be tions, but no such appropriation shall be in-
rived from recoveries of prior year obligations: derived from receipts collected pursuant to that creased by more than 10 percent by any such
Provided further, That any deviation from the Act, to remain available until expended. transfers: Provided, That any transfer pursuant
amounts designated for specific activities in the to this section shall be treated as a reprogram-
FISHERY DISASTER ASSISTANCE ming of funds under section 505 of this Act and
report accompanying this Act or any use of
deobligated balances of funds provided under For salaries and expenses associated with the shall not be available for obligation or expendi-
this heading in previous years, shall be subject administration of fishery disaster assistance, ture except in compliance with the procedures
to the procedures set forth in section 505 of this $300,000, to remain available until September 30, set forth in that section: Provided further, That
Act: Provided further, That, in addition, for 2022: Provided, That funds shall be used for ad- the Secretary of Commerce shall notify the Com-
necessary retired pay expenses under the Re- ministering the fishery disaster programs au- mittees on Appropriations at least 15 days in ad-
tired Serviceman’s Family Protection and Sur- thorized by the Magnuson-Stevens Fishery Con- vance of the acquisition or disposal of any cap-
vivor Benefits Plan, and for payments for the servation and Management Act and the Inter- ital asset (including land, structures, and equip-
medical care of retired personnel and their de- jurisdictional Fisheries Act of 1986. ment) not specifically provided for in this Act or
pendents under the Dependents’ Medical Care any other law appropriating funds for the De-
FISHERIES FINANCE PROGRAM ACCOUNT
Act (10 U.S.C. ch. 55), such sums as may be nec- partment of Commerce.
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essary. Subject to section 502 of the Congressional SEC. 104. The requirements set forth by section
Budget Act of 1974, during fiscal year 2021, obli- 105 of the Commerce, Justice, Science, and Re-
PROCUREMENT, ACQUISITION AND CONSTRUCTION
gations of direct loans may not exceed lated Agencies Appropriations Act, 2012 (Public
(INCLUDING TRANSFER OF FUNDS) $24,000,000 for Individual Fishing Quota loans Law 112–55), as amended by section 105 of title
For procurement, acquisition and construction and not to exceed $100,000,000 for traditional di- I of division B of Public Law 113–6, are hereby
of capital assets, including alteration and modi- rect loans as authorized by the Merchant Ma- adopted by reference and made applicable with
fication costs, of the National Oceanic and At- rine Act of 1936. respect to fiscal year 2021: Provided, That the
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H4016 CONGRESSIONAL RECORD — HOUSE July 30, 2020
life cycle cost for the Joint Polar Satellite Sys- mental unit, or institution of higher education, ment-owned space in the District of Columbia,
tem is $11,322,125,000 and the life cycle cost for to aid and promote statistical, research, and $969,211,000, of which not to exceed $20,000,000
the Geostationary Operational Environmental methodology activities which further the pur- for litigation support contracts shall remain
Satellite R-Series Program is $10,828,059,000. poses for which such amounts have been made available until expended: Provided, That of the
SEC. 105. Notwithstanding any other provision available. amount provided for INTERPOL Washington
of law, the Secretary may furnish services (in- This title may be cited as the ‘‘Department of dues payments, not to exceed $685,000 shall re-
cluding but not limited to utilities, telecommuni- Justice Appropriations Act, 2021’’. main available until expended: Provided fur-
cations, and security services) necessary to sup- TITLE II ther, That of the total amount appropriated, not
port the operation, maintenance, and improve- to exceed $9,000 shall be available to INTERPOL
ment of space that persons, firms, or organiza- DEPARTMENT OF JUSTICE
Washington for official reception and represen-
tions are authorized, pursuant to the Public GENERAL ADMINISTRATION tation expenses: Provided further, That of the
Buildings Cooperative Use Act of 1976 or other SALARIES AND EXPENSES total amount appropriated, not to exceed $9,000
authority, to use or occupy in the Herbert C. For expenses necessary for the administration shall be available to the Criminal Division for
Hoover Building, Washington, DC, or other of the Department of Justice, $120,041,000, of official reception and representation expenses:
buildings, the maintenance, operation, and pro- which not to exceed $4,000,000 for security and Provided further, That $10,000,000 shall be for
tection of which has been delegated to the Sec- construction of Department of Justice facilities the Civil Rights Division for additional expenses
retary from the Administrator of General Serv- shall remain available until expended, and of relating to the enforcement of section 210401 of
ices pursuant to the Federal Property and Ad- which $5,000,000 is available only for the pur- the Violent Crime Control and Law Enforcement
ministrative Services Act of 1949 on a reimburs- poses of carrying out provisions related to a Act of 1994 (34 U.S.C. 12601), criminal enforce-
able or non-reimbursable basis. Amounts re- Task Force on Law Enforcement Oversight es- ment under sections 241 and 242 of title 18,
ceived as reimbursement for services provided tablished pursuant to section 220 of this Act. United States Code, and administrative enforce-
under this section or the authority under which ment by the Department of Justice, including
JUSTICE INFORMATION SHARING TECHNOLOGY
the use or occupancy of the space is authorized, compliance with consent decrees or judgments
up to $200,000, shall be credited to the appro- (INCLUDING TRANSFER OF FUNDS) entered into under such section 210401: Provided
priation or fund which initially bears the costs For necessary expenses for information shar- further, That upon a determination by the At-
of such services. ing technology, including planning, develop- torney General that emergent circumstances re-
SEC. 106. Nothing in this title shall be con- ment, deployment and departmental direction, quire additional funding for litigation activities
strued to prevent a grant recipient from deter- $33,875,000, to remain available until expended: of the Civil Division, the Attorney General may
ring child pornography, copyright infringement, Provided, That the Attorney General may trans- transfer such amounts to ‘‘Salaries and Ex-
or any other unlawful activity over its net- fer up to $40,000,000 to this account, from funds penses, General Legal Activities’’ from available
works. available to the Department of Justice for infor- appropriations for the current fiscal year for the
SEC. 107. The Administrator of the National mation technology, to remain available until ex- Department of Justice, as may be necessary to
Oceanic and Atmospheric Administration is au- pended, for enterprise-wide information tech- respond to such circumstances: Provided fur-
thorized to use, with their consent, with reim- nology initiatives: Provided further, That the ther, That any transfer pursuant to the pre-
bursement and subject to the limits of available transfer authority in the preceding proviso is in ceding proviso shall be treated as a reprogram-
appropriations, the land, services, equipment, addition to any other transfer authority con- ming under section 505 of this Act and shall not
personnel, and facilities of any department, tained in this Act: Provided further, That any be available for obligation or expenditure except
agency, or instrumentality of the United States, transfer pursuant to the first proviso shall be in compliance with the procedures set forth in
or of any State, local government, Indian tribal treated as a reprogramming under section 505 of that section: Provided further, That of the
government, Territory, or possession, or of any this Act and shall not be available for obligation amount appropriated, such sums as may be nec-
political subdivision thereof, or of any foreign or expenditure except in compliance with the essary shall be available to the Civil Rights Di-
government or international organization, for procedures set forth in that section. vision for salaries and expenses associated with
purposes related to carrying out the responsibil- EXECUTIVE OFFICE FOR IMMIGRATION REVIEW the election monitoring program under section 8
ities of any statute administered by the National of the Voting Rights Act of 1965 (52 U.S.C.
(INCLUDING TRANSFER OF FUNDS)
Oceanic and Atmospheric Administration. 10305) and to reimburse the Office of Personnel
SEC. 108. The National Technical Information For expenses necessary for the administration
Management for such salaries and expenses:
Service shall not charge any customer for a copy of immigration related activities of the Executive
Provided further, That of the amounts provided
of any report or document generated by the Leg- Office for Immigration Review, $734,000,000, of
under this heading for the election monitoring
islative Branch unless the Service has provided which $4,000,000 shall be derived by transfer
program, $3,390,000 shall remain available until
information to the customer on how an elec- from the Executive Office for Immigration Re-
expended: Provided further, That of the amount
tronic copy of such report or document may be view fees deposited in the ‘‘Immigration Exami-
appropriated, not less than $198,744,000 shall be
accessed and downloaded for free online. nations Fee’’ account, and of which not less
available for the Criminal Division, including
Should a customer still require the Service to than $25,000,000 shall be available for services
related expenses for the Mutual Legal Assist-
provide a printed or digital copy of the report or and activities provided by the Legal Orientation
ance Treaty Program.
document, the charge shall be limited to recov- Program: Provided, That not to exceed In addition, for reimbursement of expenses of
ering the Service’s cost of processing, reproduc- $35,000,000 of the total amount made available the Department of Justice associated with proc-
ing, and delivering such report or document. under this heading shall remain available until essing cases under the National Childhood Vac-
SEC. 109. To carry out the responsibilities of September 30, 2022. cine Injury Act of 1986, not to exceed
the National Oceanic and Atmospheric Adminis- OFFICE OF INSPECTOR GENERAL $19,000,000, to be appropriated from the Vaccine
tration (NOAA), the Administrator of NOAA is For necessary expenses of the Office of In- Injury Compensation Trust Fund and to remain
authorized to: (1) enter into grants and coopera- spector General, $113,985,000, including not to available until expended.
tive agreements with; (2) use on a non-reimburs- exceed $10,000 to meet unforeseen emergencies of SALARIES AND EXPENSES, ANTITRUST DIVISION
able basis land, services, equipment, personnel, a confidential character: Provided, That not to
and facilities provided by; and (3) receive and For expenses necessary for the enforcement of
exceed $2,000,000 shall remain available until antitrust and kindred laws, $180,274,000, to re-
expend funds made available on a consensual September 30, 2022.
basis from: a Federal agency, State or subdivi- main available until expended, of which not to
sion thereof, local government, tribal govern- UNITED STATES PAROLE COMMISSION exceed $2,000 shall be made available for official
ment, territory, or possession or any subdivi- SALARIES AND EXPENSES reception and representation expenses: Pro-
sions thereof: Provided, That funds received for For necessary expenses of the United States vided, That notwithstanding any other provi-
permitting and related regulatory activities pur- Parole Commission as authorized, $13,539,000: sion of law, fees collected for premerger notifica-
suant to this section shall be deposited under Provided, That, notwithstanding any other pro- tion filings under the Hart-Scott-Rodino Anti-
the heading ‘‘National Oceanic and Atmos- vision of law, upon the expiration of a term of trust Improvements Act of 1976 (15 U.S.C. 18a),
pheric Administration—Operations, Research, office of a Commissioner, the Commissioner may regardless of the year of collection (and esti-
and Facilities’’ and shall remain available until continue to act until a successor has been ap- mated to be $150,000,000 in fiscal year 2021),
September 30, 2023, for such purposes: Provided pointed. shall be retained and used for necessary ex-
further, That all funds within this section and penses in this appropriation, and shall remain
LEGAL ACTIVITIES available until expended: Provided further,
their corresponding uses are subject to section
SALARIES AND EXPENSES, GENERAL LEGAL That the sum herein appropriated from the gen-
505 of this Act.
ACTIVITIES eral fund shall be reduced as such offsetting col-
SEC. 110. Amounts provided by this Act or by
any prior appropriations Act that remain avail- (INCLUDING TRANSFER OF FUNDS) lections are received during fiscal year 2021, so
able for obligation, for necessary expenses of the For expenses necessary for the legal activities as to result in a final fiscal year 2021 appropria-
tion from the general fund estimated at
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programs of the Economics and Statistics Ad- of the Department of Justice, not otherwise pro-
ministration of the Department of Commerce, in- vided for, including not to exceed $20,000 for ex- $30,274,000.
cluding amounts provided for programs of the penses of collecting evidence, to be expended SALARIES AND EXPENSES, UNITED STATES
Bureau of Economic Analysis and the Bureau of under the direction of, and to be accounted for ATTORNEYS
the Census, shall be available for expenses of co- solely under the certificate of, the Attorney For necessary expenses of the Offices of the
operative agreements with appropriate entities, General; the administration of pardon and clem- United States Attorneys, including inter-govern-
including any Federal, State, or local govern- ency petitions; and rent of private or Govern- mental and cooperative agreements,
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4017
$2,347,177,000: Provided, That of the total amounts to the Community Relations Service, FEDERAL BUREAU OF INVESTIGATION
amount appropriated, not to exceed $7,200 shall from available appropriations for the current SALARIES AND EXPENSES
be available for official reception and represen- fiscal year for the Department of Justice, as may
For necessary expenses of the Federal Bureau
tation expenses: Provided further, That be necessary to respond to such circumstances:
of Investigation for detection, investigation, and
$10,000,000 shall be for additional expenses re- Provided further, That any transfer pursuant to
prosecution of crimes against the United States,
lating to the enforcement of section 210401 of the the preceding proviso shall be treated as a re-
$9,703,348,000, of which not to exceed
Violent Crime Control and Law Enforcement programming under section 505 of this Act and
$216,900,000 shall remain available until ex-
Act of 1994 (34 U.S.C. 12601), criminal enforce- shall not be available for obligation or expendi-
pended: Provided, That $5,000,000 shall be for
ment under sections 241 and 242 of title 18, ture except in compliance with the procedures
the Corruption/Civil Rights Section for addi-
United States Code, and administrative enforce- set forth in that section.
tional expenses relating to the enforcement of
ment by the Department of Justice, including ASSETS FORFEITURE FUND section 210401 of the Violent Crime Control and
compliance with consent decrees or judgments
For expenses authorized by subparagraphs Law Enforcement Act of 1994 (34 U.S.C. 12601),
entered into under such section 210401: Provided
(B), (F), and (G) of section 524(c)(1) of title 28, criminal enforcement under sections 241 and 242
further, That not to exceed $25,000,000 shall re-
United States Code, $20,514,000, to be derived of title 18, United States Code, and administra-
main available until expended: Provided fur-
from the Department of Justice Assets Forfeiture tive enforcement by the Department of Justice,
ther, That each United States Attorney shall es-
Fund. including compliance with consent decrees or
tablish or participate in a task force on human
UNITED STATES MARSHALS SERVICE judgments entered into under such section
trafficking.
210401: Provided further, That not to exceed
UNITED STATES TRUSTEE SYSTEM FUND SALARIES AND EXPENSES $284,000 shall be available for official reception
For necessary expenses of the United States For necessary expenses of the United States and representation expenses.
Trustee Program, as authorized, $232,361,000, to Marshals Service, $1,484,184,000, of which not to CONSTRUCTION
remain available until expended: Provided, exceed $6,000 shall be available for official re-
For necessary expenses, to include the cost of
That, notwithstanding any other provision of ception and representation expenses, and not to
equipment, furniture, and information tech-
law, deposits to the United States Trustee Sys- exceed $25,000,000 shall remain available until
nology requirements, related to construction or
tem Fund and amounts herein appropriated expended.
acquisition of buildings, facilities, and sites by
shall be available in such amounts as may be CONSTRUCTION purchase, or as otherwise authorized by law;
necessary to pay refunds due depositors: Pro- For construction in space controlled, occupied conversion, modification, and extension of fed-
vided further, That, notwithstanding any other or utilized by the United States Marshals Serv- erally owned buildings; preliminary planning
provision of law, fees deposited into the Fund ice for prisoner holding and related support, and design of projects; and operation and main-
pursuant to section 589a(b) of title 28, United $15,000,000, to remain available until expended. tenance of secure work environment facilities
States Code (as limited by section 1004(b) of the and secure networking capabilities; $51,895,000,
Bankruptcy Judgeship Act of 2017 (division B of FEDERAL PRISONER DETENTION
to remain available until expended.
Public Law 115–72)), shall be retained and used For necessary expenses related to United
for necessary expenses in this appropriation and States prisoners in the custody of the United DRUG ENFORCEMENT ADMINISTRATION
shall remain available until expended: Provided States Marshals Service as authorized by section SALARIES AND EXPENSES
further, That to the extent that fees deposited 4013 of title 18, United States Code, For necessary expenses of the Drug Enforce-
into the Fund in fiscal year 2021, net of amounts $1,867,461,000, to remain available until ex- ment Administration, including not to exceed
necessary to pay refunds due depositors, exceed pended: Provided, That not to exceed $20,000,000 $70,000 to meet unforeseen emergencies of a con-
$232,361,000, those excess amounts shall be avail- shall be considered ‘‘funds appropriated for fidential character pursuant to section 530C of
able in future fiscal years only to the extent State and local law enforcement assistance’’ title 28, United States Code; and expenses for
provided in advance in appropriations Acts: pursuant to section 4013(b) of title 18, United conducting drug education and training pro-
Provided further, That the sum herein appro- States Code: Provided further, That the United grams, including travel and related expenses for
priated from the general fund shall be reduced States Marshals Service shall be responsible for participants in such programs and the distribu-
(1) as such fees are received during fiscal year managing the Justice Prisoner and Alien Trans- tion of items of token value that promote the
2021, net of amounts necessary to pay refunds portation System. goals of such programs, $2,331,370,000, of which
due depositors, (estimated at $318,000,000) and NATIONAL SECURITY DIVISION not to exceed $75,000,000 shall remain available
(2) to the extent that any remaining general SALARIES AND EXPENSES until expended and not to exceed $90,000 shall
fund appropriations can be derived from be available for official reception and represen-
amounts deposited in the Fund in previous fis- (INCLUDING TRANSFER OF FUNDS)
tation expenses: Provided, That, notwith-
cal years that are not otherwise appropriated, For expenses necessary to carry out the activi- standing section 3672 of Public Law 106–310, up
so as to result in a final fiscal year 2021 appro- ties of the National Security Division, to $10,000,000 may be used to reimburse States,
priation from the general fund estimated at $0. $114,837,000, of which not to exceed $5,000,000 units of local government, Indian tribal govern-
SALARIES AND EXPENSES, FOREIGN CLAIMS for information technology systems shall remain ments, other public entities, and multijuris-
SETTLEMENT COMMISSION available until expended: Provided, That upon a dictional or regional consortia thereof for ex-
determination by the Attorney General that penses incurred to clean up and safely dispose
For expenses necessary to carry out the activi-
emergent circumstances require additional fund- of substances associated with clandestine meth-
ties of the Foreign Claims Settlement Commis-
ing for the activities of the National Security amphetamine laboratories, conversion and ex-
sion, including services as authorized by section
Division, the Attorney General may transfer traction operations, tableting operations, or lab-
3109 of title 5, United States Code, $2,366,000.
such amounts to this heading from available ap- oratories and processing operations for fentanyl
FEES AND EXPENSES OF WITNESSES propriations for the current fiscal year for the and fentanyl-related substances which may
For fees and expenses of witnesses, for ex- Department of Justice, as may be necessary to present a danger to public health or the envi-
penses of contracts for the procurement and su- respond to such circumstances: Provided fur- ronment.
pervision of expert witnesses, for private counsel ther, That any transfer pursuant to the pre- BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
expenses, including advances, and for expenses ceding proviso shall be treated as a reprogram- EXPLOSIVES
of foreign counsel, $270,000,000, to remain avail- ming under section 505 of this Act and shall not
SALARIES AND EXPENSES
able until expended, of which not to exceed be available for obligation or expenditure except
$16,000,000 is for construction of buildings for in compliance with the procedures set forth in For necessary expenses of the Bureau of Alco-
protected witness safesites; not to exceed that section. hol, Tobacco, Firearms and Explosives, for
$3,000,000 is for the purchase and maintenance training of State and local law enforcement
INTERAGENCY LAW ENFORCEMENT
of armored and other vehicles for witness secu- agencies with or without reimbursement, includ-
INTERAGENCY CRIME AND DRUG ENFORCEMENT ing training in connection with the training and
rity caravans; and not to exceed $25,000,000 is
for the purchase, installation, maintenance, and For necessary expenses for the identification, acquisition of canines for explosives and fire
upgrade of secure telecommunications equip- investigation, and prosecution of individuals as- accelerants detection; and for provision of lab-
ment and a secure automated information net- sociated with the most significant drug traf- oratory assistance to State and local law en-
work to store and retrieve the identities and lo- ficking organizations, transnational organized forcement agencies, with or without reimburse-
cations of protected witnesses. crime, and money laundering organizations not ment, $1,550,000,000, of which not to exceed
otherwise provided for, to include inter-govern- $36,000 shall be for official reception and rep-
SALARIES AND EXPENSES, COMMUNITY RELATIONS
mental agreements with State and local law en- resentation expenses, not to exceed $1,000,000
SERVICE
forcement agencies engaged in the investigation shall be available for the payment of attorneys’
(INCLUDING TRANSFER OF FUNDS) and prosecution of individuals involved in fees as provided by section 924(d)(2) of title 18,
dlhill on DSK120RN23PROD with HOUSE
For necessary expenses of the Community Re- transnational organized crime and drug traf- United States Code, and not to exceed
lations Service, $20,300,000: Provided, That upon ficking, $565,000,000, of which $50,000,000 shall $25,000,000 shall remain available until ex-
a determination by the Attorney General that remain available until expended: Provided, That pended: Provided, That none of the funds ap-
emergent circumstances require additional fund- any amounts obligated from appropriations propriated herein shall be available to inves-
ing for conflict resolution and violence preven- under this heading may be used under authori- tigate or act upon applications for relief from
tion activities of the Community Relations Serv- ties available to the organizations reimbursed Federal firearms disabilities under section 925(c)
ice, the Attorney General may transfer such from this appropriation. of title 18, United States Code: Provided further,
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H4018 CONGRESSIONAL RECORD — HOUSE July 30, 2020
That such funds shall be available to investigate and to make such contracts and commitments youth victims of domestic violence, dating vio-
and act upon applications filed by corporations without regard to fiscal year limitations as pro- lence, sexual assault, and stalking; assistance to
for relief from Federal firearms disabilities vided by section 9104 of title 31, United States children and youth exposed to such violence;
under section 925(c) of title 18, United States Code, as may be necessary in carrying out the programs to engage men and youth in pre-
Code: Provided further, That no funds made program set forth in the budget for the current venting such violence; and assistance to middle
available by this or any other Act may be used fiscal year for such corporation. and high school students through education
to transfer the functions, missions, or activities LIMITATION ON ADMINISTRATIVE EXPENSES, and other services related to such violence: Pro-
of the Bureau of Alcohol, Tobacco, Firearms FEDERAL PRISON INDUSTRIES, INCORPORATED vided, That unobligated balances available for
and Explosives to other agencies or Depart- Not to exceed $2,700,000 of the funds of the the programs authorized by sections 41201,
ments. Federal Prison Industries, Incorporated, shall 41204, 41303, and 41305 of the 1994 Act, prior to
CONSTRUCTION be available for its administrative expenses, and its amendment by the 2013 Act, shall be avail-
for services as authorized by section 3109 of title able for this program: Provided further, That 10
For necessary expenses related to construction
5, United States Code, to be computed on an ac- percent of the total amount available for this
of laboratory facilities, to include the cost of
crual basis to be determined in accordance with grant program shall be available for grants
equipment, furniture, and information tech-
the corporation’s current prescribed accounting under the program authorized by section 2015 of
nology requirements; construction or acquisition
system, and such amounts shall be exclusive of the 1968 Act: Provided further, That the defini-
of buildings, facilities, and sites by purchase, or
depreciation, payment of claims, and expendi- tions and grant conditions in section 40002 of
as otherwise authorized by law; conversion,
tures which such accounting system requires to the 1994 Act shall apply to this program;
modification and extension of Federally-owned
be capitalized or charged to cost of commodities (5) $53,000,000 is for grants to encourage arrest
buildings; and preliminary planning and design
acquired or produced, including selling and policies as authorized by part U of the 1968 Act,
of projects; $5,000,000, to remain available until
shipping expenses, and expenses in connection of which $4,000,000 is for a homicide reduction
September 30, 2025.
with acquisition, construction, operation, main- initiative;
FEDERAL PRISON SYSTEM tenance, improvement, protection, or disposition (6) $42,500,000 is for sexual assault victims as-
SALARIES AND EXPENSES of facilities and other property belonging to the sistance, as authorized by section 41601 of the
(INCLUDING TRANSFER OF FUNDS) corporation or in which it has an interest. 1994 Act;
STATE AND LOCAL LAW ENFORCEMENT (7) $45,000,000 is for rural domestic violence
For necessary expenses of the Federal Prison
ACTIVITIES and child abuse enforcement assistance grants,
System for the administration, operation, and
OFFICE ON VIOLENCE AGAINST WOMEN as authorized by section 40295 of the 1994 Act;
maintenance of Federal penal and correctional
(8) $21,000,000 is for grants to reduce violent
institutions, and for the provision of technical VIOLENCE AGAINST WOMEN PREVENTION AND
crimes against women on campus, as authorized
assistance and advice on corrections related PROSECUTION PROGRAMS
by section 304 of the 2005 Act;
issues to foreign governments, $7,770,000,000 of (INCLUDING TRANSFER OF FUNDS) (9) $47,500,000 is for legal assistance for vic-
which not less than $165,000,000 shall be for the For grants, contracts, cooperative agreements, tims, as authorized by section 1201 of the 2000
programs and activities authorized by the First and other assistance for the prevention and Act;
Step Act of 2018 (Public Law 115–391): Provided, prosecution of violence against women, as au- (10) $6,000,000 is for enhanced training and
That the Attorney General may transfer to the thorized by the Omnibus Crime Control and Safe services to end violence against and abuse of
Department of Health and Human Services such Streets Act of 1968 (34 U.S.C. 10101 et seq.) (‘‘the women in later life, as authorized by section
amounts as may be necessary for direct expendi- 1968 Act’’); the Violent Crime Control and Law 40801 of the 1994 Act;
tures by that Department for medical relief for Enforcement Act of 1994 (Public Law 103–322) (11) $17,500,000 is for grants to support fami-
inmates of Federal penal and correctional insti- (‘‘the 1994 Act’’); the Victims of Child Abuse Act lies in the justice system, as authorized by sec-
tutions: Provided further, That the Director of of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); tion 1301 of the 2000 Act: Provided, That unobli-
the Federal Prison System, where necessary, the Prosecutorial Remedies and Other Tools to gated balances available for the programs au-
may enter into contracts with a fiscal agent or end the Exploitation of Children Today Act of thorized by section 1301 of the 2000 Act and sec-
fiscal intermediary claims processor to determine 2003 (Public Law 108–21); the Juvenile Justice tion 41002 of the 1994 Act, prior to their amend-
the amounts payable to persons who, on behalf and Delinquency Prevention Act of 1974 (34 ment by the 2013 Act, shall be available for this
of the Federal Prison System, furnish health U.S.C. 11101 et seq.) (‘‘the 1974 Act’’); the Vic- program;
services to individuals committed to the custody tims of Trafficking and Violence Protection Act (12) $6,000,000 is for education and training to
of the Federal Prison System: Provided further, of 2000 (Public Law 106–386) (‘‘the 2000 Act’’); end violence against and abuse of women with
That not to exceed $5,400 shall be available for the Violence Against Women and Department of disabilities, as authorized by section 1402 of the
official reception and representation expenses: Justice Reauthorization Act of 2005 (Public Law 2000 Act;
Provided further, That not to exceed $50,000,000 109–162) (‘‘the 2005 Act’’); the Violence Against (13) $1,000,000 is for the National Resource
shall remain available until expended for nec- Women Reauthorization Act of 2013 (Public Law Center on Workplace Responses to assist victims
essary operations: Provided further, That, of 113–4) (‘‘the 2013 Act’’); the Rape Survivor Child of domestic violence, as authorized by section
the amounts provided for contract confinement, Custody Act of 2015 (Public Law 114–22) (‘‘the 41501 of the 1994 Act;
not to exceed $20,000,000 shall remain available 2015 Act’’); and the Abolish Human Trafficking (14) $1,000,000 is for analysis and research on
until expended to make payments in advance for Act (Public Law 115–392); and for related vic- violence against Indian women, including as
grants, contracts and reimbursable agreements, tims services, $525,000,000, to remain available authorized by section 904 of the 2005 Act: Pro-
and other expenses: Provided further, That the until expended, of which $435,000,000 shall be vided, That such funds may be transferred to
Director of the Federal Prison System may ac- derived by transfer from amounts available for ‘‘Research, Evaluation and Statistics’’ for ad-
cept donated property and services relating to obligation in this Act from the Fund established ministration by the Office of Justice Programs;
the operation of the prison card program from a by section 1402 of chapter XIV of title II of Pub- (15) $500,000 is for a national clearinghouse
not-for-profit entity which has operated such lic Law 98–473 (34 U.S.C. 20101), notwith- that provides training and technical assistance
program in the past, notwithstanding the fact standing section 1402(d) of such Act of 1984, and on issues relating to sexual assault of American
that such not-for-profit entity furnishes services merged with the amounts otherwise made avail- Indian and Alaska Native women;
under contracts to the Federal Prison System re- able under this heading: Provided, That except (16) $4,300,000 is for grants to assist tribal gov-
lating to the operation of pre-release services, as otherwise provided by law, not to exceed 5 ernments in exercising special domestic violence
halfway houses, or other custodial facilities. percent of funds made available under this criminal jurisdiction, as authorized by section
BUILDINGS AND FACILITIES heading may be used for expenses related to 904 of the 2013 Act: Provided, That the grant
For planning, acquisition of sites, and con- evaluation, training, and technical assistance: conditions in section 40002(b) of the 1994 Act
struction of new facilities; purchase and acqui- Provided further, That of the amount pro- shall apply to this program; and
sition of facilities and remodeling, and equip- vided— (17) $2,200,000 is for the purposes authorized
ping of such facilities for penal and correctional (1) $223,000,000 is for grants to combat violence under the 2015 Act.
use, including all necessary expenses incident against women, as authorized by part T of the OFFICE OF JUSTICE PROGRAMS
thereto, by contract or force account; and con- 1968 Act;
RESEARCH, EVALUATION AND STATISTICS
structing, remodeling, and equipping necessary (2) $39,000,000 is for transitional housing as-
sistance grants for victims of domestic violence, For grants, contracts, cooperative agreements,
buildings and facilities at existing penal and
dating violence, stalking, or sexual assault as and other assistance authorized by title I of the
correctional institutions, including all necessary
authorized by section 40299 of the 1994 Act; Omnibus Crime Control and Safe Streets Act of
expenses incident thereto, by contract or force
(3) $3,500,000 is for the National Institute of 1968 (Public Law 90–351) (‘‘the 1968 Act’’); the
account, $110,000,000, to remain available until
Justice and the Bureau of Justice Statistics for Violent Crime Control and Law Enforcement
expended: Provided, That labor of United States
research, evaluation, and statistics of violence Act of 1994 (Public Law 103–322) (‘‘the 1994
prisoners may be used for work performed under
dlhill on DSK120RN23PROD with HOUSE
against women and related issues addressed by Act’’); the Juvenile Justice and Delinquency
this appropriation.
grant programs of the Office on Violence Prevention Act of 1974 (Public Law 93–415)
FEDERAL PRISON INDUSTRIES, INCORPORATED Against Women, which shall be transferred to (‘‘the 1974 Act’’); the Prosecutorial Remedies
The Federal Prison Industries, Incorporated, ‘‘Research, Evaluation and Statistics’’ for ad- and Other Tools to end the Exploitation of Chil-
is hereby authorized to make such expenditures ministration by the Office of Justice Programs; dren Today Act of 2003 (Public Law 108–21)
within the limits of funds and borrowing au- (4) $12,000,000 is for a grant program to pro- (‘‘the PROTECT Act’’); the Justice for All Act of
thority available, and in accord with the law, vide services to advocate for and respond to 2004 (Public Law 108–405); the Violence Against
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4019
Women and Department of Justice Reauthoriza- the Project Safe Neighborhoods Grant Program procedural justice: Provided, That of the grant
tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Authorization Act of 2018 (Public Law 115–185); awards funded from amounts provided herein
Act’’); the Victims of Child Abuse Act of 1990 the SUPPORT for Patients and Communities and not otherwise specified under this para-
(Public Law 101–647); the Second Chance Act of Act (Public Law 115–271); the Second Chance graph, each applicant shall provide assurance
2007 (Public Law 110–199); the Victims of Crime Reauthorization Act of 2018 (Public Law 115– that, for each fiscal year covered by an applica-
Act of 1984 (Public Law 98–473); the Adam 391); and the Matthew Shepard and James tion, the applicant will use not less than 10 per-
Walsh Child Protection and Safety Act of 2006 Byrd, Jr. Hate Crimes Prevention Act (Public cent of the total amount of the grant award for
(Public Law 109–248) (‘‘the Adam Walsh Act’’); Law 111–84); and other programs, $2,402,000,000, the fiscal year to develop and implement best
the PROTECT Our Children Act of 2008 (Public to remain available until expended as follows— practice devices and systems to eliminate racial
Law 110–401); subtitle C of title II of the Home- (1) $525,000,000 for the Edward Byrne Memo- profiling, including training to prevent racial
land Security Act of 2002 (Public Law 107–296) rial Justice Assistance Grant program as author- profiling and to encourage more respectful inter-
(‘‘the 2002 Act’’); the Prison Rape Elimination ized by subpart 1 of part E of title I of the 1968 action with the public, the acquisition and use
Act of 2003 (Public Law 108–79); the NICS Im- Act (except that section 1001(c), and the special of technology to facilitate the accurate collec-
provement Amendments Act of 2007 (Public Law rules for Puerto Rico under section 505(g) of title tion and analysis of data, the development and
110–180); the Violence Against Women Reau- I of the 1968 Act shall not apply for purposes of acquisition of feedback systems and technologies
thorization Act of 2013 (Public Law 113–4) (‘‘the this Act), of which, notwithstanding such sub- that identify law enforcement agents or units of
2013 Act’’); the Comprehensive Addiction and part 1; $12,500,000 is for an Officer Robert Wil- agents engaged in, or at risk of engaging in, ra-
Recovery Act of 2016 (Public Law 114–198); the son III memorial initiative on Preventing Vio- cial profiling or other misconduct, and the es-
First Step Act of 2018 (Public Law 115–391); and lence Against Law Enforcement and Ensuring tablishment and maintenance of an administra-
other programs, $88,500,000, to remain available Officer Resilience and Survivability (VALOR); tive complaint procedure or independent auditor
until expended, of which— $7,500,000 is for an initiative to support evi- program: Provided further, That of the grant
(1) $45,000,000 is for criminal justice statistics dence-based policing; $8,500,000 is for an initia- awards funded from amounts provided herein
programs, and other activities, as authorized by tive to enhance prosecutorial decision-making; and not otherwise specified under this para-
part C of title I of the 1968 Act; and $2,400,000 is for the operationalization, mainte- graph, each applicant shall provide assurance
(2) $43,500,000 is for research, development, nance and expansion of the National Missing that, for each fiscal year covered by an applica-
and evaluation programs, and other activities as and Unidentified Persons System; $3,000,000 is tion, the applicant will use not less than 5 per-
authorized by part B of title I of the 1968 Act for an academic based training initiative to im- cent of the total amount of the grant award for
and subtitle C of title II of the 2002 Act, and for prove police-based responses to people with men- the fiscal year to assist law enforcement agen-
activities authorized by or consistent with the tal illness or developmental disabilities;
cies of the applicant, including campus public
First Step Act of 2018, of which $6,000,000 is for $3,000,000 is for a student loan repayment assist-
safety departments, to gain or maintain accredi-
research targeted toward developing a better un- ance program pursuant to section 952 of Public
tation from certified law enforcement accredita-
derstanding of the domestic radicalization phe- Law 110–315; $15,500,000 is for prison rape pre-
tion organizations, consistent with the require-
nomenon, and advancing evidence-based strate- vention and prosecution grants to States and
ments as described in section 113 of H.R. 7120 as
gies for effective intervention and prevention; units of local government, and other programs,
passed by the House of Representatives on June
$1,500,000 is for research to study the root as authorized by the Prison Rape Elimination
25, 2020: Provided further, That of the grant
causes of school violence to include the impact Act of 2003 (Public Law 108–79); $3,000,000 is for
awards funded from amounts provided herein
and effectiveness of grants made under the a grant program authorized by Kevin and
and not otherwise specified under this para-
STOP School Violence Act; $1,500,000 is for a Avonte’s Law; $3,000,000 is for a regional law
enforcement technology initiative; $20,000,000 is graph, each applicant shall provide assurance
national study to understand the responses of that the applicant will use not less than 5 per-
law enforcement to sex trafficking of minors; for grants authorized under the Project Safe
Neighborhoods Grant Authorization Act of 2018 cent of the total amount of the grant award for
and $3,000,000 is for a national center on the fiscal year to study and implement effective
forensics. (Public Law 115–185); $2,000,000 is for a grant to
provide a drug field testing and training initia- management, training, recruiting, hiring, and
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
tive; $6,500,000 is for the Capital Litigation Im- oversight standards and programs to promote ef-
(INCLUDING TRANSFER OF FUNDS) provement Grant Program, as authorized by sec- fective community and problem solving strate-
For grants, contracts, cooperative agreements, tion 426 of Public Law 108–405, and for grants gies for law enforcement agencies, consistent
and other assistance authorized by the Violent for wrongful conviction review; $3,000,000 is for with the requirements as described in section 114
Crime Control and Law Enforcement Act of 1994 grants to States and units of local government of H.R. 7120 as passed by the House of Rep-
(Public Law 103–322) (‘‘the 1994 Act’’); the Om- to deploy managed access systems to combat resentatives on June 25, 2020: Provided further,
nibus Crime Control and Safe Streets Act of 1968 contraband cell phone use in prison; $1,500,000 That of the grant awards funded from amounts
(Public Law 90–351) (‘‘the 1968 Act’’); the Justice is for a collaborative mental health and anti-re- provided herein and not otherwise specified
for All Act of 2004 (Public Law 108–405); the Vic- cidivism initiative; $3,000,000 is for a program to under this paragraph, each applicant shall pro-
tims of Child Abuse Act of 1990 (Public Law 101– improve juvenile indigent defense; $9,000,000 is vide assurance that, for each fiscal year covered
647) (‘‘the 1990 Act’’); the Trafficking Victims for community-based violence prevention initia- by an application, the applicant will use not
Protection Reauthorization Act of 2005 (Public tives; $3,500,000 is for a national center for re- less than 5 percent of the total amount of the
Law 109–164); the Violence Against Women and storative justice; $2,000,000 is for grants for con- grant award for the fiscal year to develop poli-
Department of Justice Reauthorization Act of struction, renovation, or upgrades of child- cies and procedures in compliance with section
2005 (Public Law 109–162) (‘‘the 2005 Act’’); the friendly family visitation spaces in correctional 382 of H.R. 7120 as passed by the House of Rep-
Adam Walsh Child Protection and Safety Act of facilities; $5,000,000 is for the development of resentatives on June 25, 2020: Provided further,
2006 (Public Law 109–248) (‘‘the Adam Walsh best practices for and the creation of local task That for purposes of this paragraph, the term
Act’’); the Victims of Trafficking and Violence forces on public safety innovation consistent ‘‘applicant’’ means a recipient and a sub-
Protection Act of 2000 (Public Law 106–386); the with the requirements as described in section 366 recipient of funds under a program described in
NICS Improvement Amendments Act of 2007 of H.R. 7120 as passed by the House of Rep- this paragraph: Provided further, That awards
(Public Law 110–180); subtitle C of title II of the resentatives on June 25, 2020; $15,000,000 is for hereunder, shall not be subject to restrictions or
Homeland Security Act of 2002 (Public Law 107– technical assistance grants to law enforcement special conditions that are the same as (or sub-
296) (‘‘the 2002 Act’’); the Prison Rape Elimi- agencies, consistent with requirements as de- stantially similar to) those, imposed on awards
nation Act of 2003 (Public Law 108–79); the Sec- scribed in section 224 of H.R. 7120 as passed by under such subpart in fiscal year 2018, that for-
ond Chance Act of 2007 (Public Law 110–199); the House of Representatives on June 25, 2020, bid interference with Federal law enforcement;
the Prioritizing Resources and Organization for regarding reporting data on the use of force by (2) $251,500,000 for the State Criminal Alien
Intellectual Property Act of 2008 (Public Law law enforcement officers; $5,000,000 is for com- Assistance Program, as authorized by section
110–403); the Victims of Crime Act of 1984 (Public petitive grants or contracts to law enforcement 241(i)(5) of the Immigration and Nationality Act
Law 98–473); the Mentally Ill Offender Treat- agencies, for the purpose of developing and im- (8 U.S.C. 1231(i)(5)): Provided, That no jurisdic-
ment and Crime Reduction Reauthorization and plementing data collection programs on hit rates tion shall request compensation for any cost
Improvement Act of 2008 (Public Law 110–416); for stops and searches by law enforcement agen- greater than the actual cost for Federal immi-
the Violence Against Women Reauthorization cies, consistent with requirements as described gration and other detainees housed in State and
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); in subsections (a) and (b) of section 333 of H.R. local detention facilities;
the Comprehensive Addiction and Recovery Act 7120 as passed by the House of Representatives (3) $95,000,000 for victim services programs for
of 2016 (Public Law 114–198) (‘‘CARA’’); the Jus- on June 25, 2020; $7,200,000 is for grants to sup- victims of trafficking, as authorized by section
tice for All Reauthorization Act of 2016 (Public port State and local law enforcement agencies in 107(b)(2) of Public Law 106–386, for programs
Law 114–324); Kevin and Avonte’s Law (division complying with law enforcement reform efforts authorized under Public Law 109–164, or pro-
Q of Public Law 115–141) (‘‘Kevin and Avonte’s as a result of litigation, including consent de- grams authorized under Public Law 113–4;
dlhill on DSK120RN23PROD with HOUSE
Law’’); the Keep Young Athletes Safe Act of crees, out-of-court settlements, memoranda of (4) $14,500,000 for economic, high technology,
2018 (title III of division S of Public Law 115– understanding, findings, technical assistance, white collar, and Internet crime prevention
141) (‘‘the Keep Young Athletes Safe Act’’); the and recommendation letters provided by reform grants, including as authorized by section 401 of
STOP School Violence Act of 2018 (title V of di- authorities; and $50,000,000 is for training pro- Public Law 110–403, of which $2,500,000 is for
vision S of Public Law 115–141) (‘‘the STOP grams for State and local law enforcement offi- competitive grants that help State and local law
School Violence Act’’); the Fix NICS Act of 2018 cers on racial profiling, implicit bias, de-esca- enforcement tackle intellectual property thefts,
(title VI of division S of Public Law 115–141); lation, use of force and a duty to intervene, and and $2,000,000 for a competitive grant program
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H4020 CONGRESSIONAL RECORD — HOUSE July 30, 2020
for training students in computer forensics and ized by CARA, and for the following programs, JUVENILE JUSTICE PROGRAMS
digital investigation; which shall address opioid, stimulant, and sub- For grants, contracts, cooperative agreements,
(5) $20,500,000 for sex offender management stance abuse reduction consistent with under- and other assistance authorized by the Juvenile
assistance, as authorized by the Adam Walsh lying program authorities— Justice and Delinquency Prevention Act of 1974
Act, and related activities; (A) $85,000,000 for Drug Courts, as authorized (‘‘the 1974 Act’’); the Omnibus Crime Control
(6) $29,000,000 for the Patrick Leahy Bullet- by section 1001(a)(25)(A) of title I of the 1968 and Safe Streets Act of 1968 (‘‘the 1968 Act’’);
proof Vest Partnership Grant Program, as au- Act; the Violence Against Women and Department of
thorized by section 2501 of title I of the 1968 Act: (B) $43,000,000 for mental health courts and Justice Reauthorization Act of 2005 (Public Law
Provided, That $1,500,000 is transferred directly adult and juvenile collaboration program 109–162) (‘‘the 2005 Act’’); the Missing Children’s
to the National Institute of Standards and grants, as authorized by parts V and HH of title Assistance Act (34 U.S.C. 11291 et seq.); the
Technology’s Office of Law Enforcement Stand- I of the 1968 Act, and the Mentally Ill Offender Prosecutorial Remedies and Other Tools to end
ards for research, testing and evaluation pro- Treatment and Crime Reduction Reauthoriza- the Exploitation of Children Today Act of 2003
grams; tion and Improvement Act of 2008 (Public Law (Public Law 108–21); the Victims of Child Abuse
(7) $1,000,000 for the National Sex Offender
110–416); Act of 1990 (Public Law 101–647) (‘‘the 1990
Public Website;
(8) $88,000,000 for grants to States to upgrade (C) $35,000,000 for grants for Residential Sub- Act’’); the Adam Walsh Child Protection and
criminal and mental health records for the Na- stance Abuse Treatment for State Prisoners, as Safety Act of 2006 (Public Law 109–248) (‘‘the
tional Instant Criminal Background Check Sys- authorized by part S of title I of the 1968 Act; Adam Walsh Act’’); the PROTECT Our Chil-
tem, of which no less than $25,000,000 shall be (D) $30,000,000 for a veterans treatment courts dren Act of 2008 (Public Law 110–401); the Vio-
for grants made under the authorities of the program; lence Against Women Reauthorization Act of
NICS Improvement Amendments Act of 2007 (E) $31,000,000 for a program to monitor pre- 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the
(Public Law 110–180) and Fix NICS Act of 2018; scription drugs and scheduled listed chemical Justice for All Reauthorization Act of 2016 (Pub-
(9) $30,500,000 for Paul Coverdell Forensic products; and lic Law 114–324); the Juvenile Justice Reform
Sciences Improvement Grants under part BB of (F) $188,000,000 for a comprehensive opioid, Act of 2018 (Public Law 115–385); and other ju-
title I of the 1968 Act; stimulant, and substance abuse program; venile justice programs, $337,000,000, to remain
(10) $142,000,000 for DNA-related and forensic (17) $2,500,000 for a competitive grant program available until expended as follows—
programs and activities, of which— authorized by the Keep Young Athletes Safe (1) $65,000,000 for programs authorized by sec-
(A) $108,000,000 is for the purposes authorized Act; tion 221 of the 1974 Act, and for training and
under section 2 of the DNA Analysis Backlog (18) $87,000,000 for grants to be administered technical assistance to assist small, nonprofit
Elimination Act of 2000 (Public Law 106–546) by the Bureau of Justice Assistance for purposes organizations with the Federal grants process:
(the Debbie Smith DNA Backlog Grant Pro- authorized under the STOP School Violence Provided, That of the amounts provided under
gram): Provided, That up to 4 percent of funds Act; this paragraph, $500,000 shall be for a competi-
made available under this paragraph may be (19) $2,000,000 for grants to state and local law tive demonstration grant program to support
used for the purposes described in the DNA enforcement agencies for the expenses associated emergency planning among State, local and
Training and Education for Law Enforcement, with the investigation and prosecution of crimi- tribal juvenile justice residential facilities;
Correctional Personnel, and Court Officers pro- nal offenses, involving civil rights, authorized (2) $100,000,000 for youth mentoring grants;
gram (Public Law 108–405, section 303); by the Emmett Till Unsolved Civil Rights Crimes (3) $44,000,000 for delinquency prevention, of
(B) $19,000,000 is for other local, State, and Reauthorization Act of 2016 (Public Law 114– which, pursuant to sections 261 and 262 of the
Federal forensic activities; 325); 1974 Act—
(C) $9,000,000 is for the purposes described in (A) $3,000,000 shall be for grants to prevent
(20) $8,000,000 for grants to State, local, and
the Kirk Bloodsworth Post-Conviction DNA trafficking of girls;
tribal law enforcement agencies to conduct edu- (B) $5,000,000 shall be for the Tribal Youth
Testing Grant Program (Public Law 108–405, cational outreach and training on hate crimes
section 412); and Program;
and to investigate and prosecute hate crimes, as (C) $500,000 shall be for an Internet site pro-
(D) $6,000,000 is for Sexual Assault Forensic authorized by section 4704 of the Matthew
Exam Program grants, including as authorized viding information and resources on children of
Shepard and James Byrd, Jr. Hate Crimes Pre- incarcerated parents;
by section 304 of Public Law 108–405; vention Act (Public Law 111–84);
(11) $49,000,000 for a grant program for com- (D) $2,000,000 shall be for competitive grants
(21) $15,000,000 for a competitive grant pilot focusing on girls in the juvenile justice system;
munity-based sexual assault response reform;
program for qualified nonprofit organizations to (E) $10,000,000 shall be for an opioid-affected
(12) $12,500,000 for the court-appointed special
provide legal representation to immigrants arriv- youth initiative; and
advocate program, as authorized by section 217
ing at the southwest border seeking asylum and (F) $8,000,000 shall be for an initiative relating
of the 1990 Act;
(13) $39,500,000 for assistance to Indian tribes; other forms of legal protection in the United to children exposed to violence;
(14) $100,000,000 for offender reentry programs States; and (4) $28,500,000 for programs authorized by the
and research, as authorized by the Second (22) $400,000,000 for Law Enforcement Ac- Victims of Child Abuse Act of 1990;
countability Grants, of which— (5) $94,500,000 for missing and exploited chil-
Chance Act of 2007 (Public Law 110–199) and by
(A) $350,000,000 is for grants to hold law en- dren programs, including as authorized by sec-
the Second Chance Reauthorization Act of 2018
forcement accountable in the courts: Provided, tions 404(b) and 405(a) of the 1974 Act (except
(Public Law 115–391), without regard to the time
That of the amounts provided under this para- that section 102(b)(4)(B) of the PROTECT Our
limitations specified at section 6(1) of such Act,
graph, $100,000,000 shall be for grants to assist Children Act of 2008 (Public Law 110–401) shall
of which not to exceed $6,000,000 is for a pro-
States in conducting pattern and practice inves- not apply for purposes of this Act); and
gram to improve State, local, and tribal proba-
tigations at the State level, consistent with the (6) $5,000,000 for child abuse training pro-
tion or parole supervision efforts and strategies,
requirements as described in section 103(b) of grams for judicial personnel and practitioners,
$5,000,000 is for Children of Incarcerated Par-
H.R. 7120 as passed by the House of Representa- as authorized by section 222 of the 1990 Act:
ents Demonstrations to enhance and maintain Provided, That not more than 10 percent of each
parental and family relationships for incarcer- tives on June 25, 2020: Provided further, That of
the amounts provided, $250,000,000 shall be for amount may be used for research, evaluation,
ated parents as a reentry or recidivism reduction and statistics activities designed to benefit the
strategy, and $4,500,000 is for additional replica- grants to States and Tribal Governments to as-
sist in implementing statutes providing for inde- programs or activities authorized: Provided fur-
tion sites employing the Project HOPE Oppor- ther, That not more than 2 percent of the
tunity Probation with Enforcement model imple- pendent investigation of law enforcement offi-
cers, consistent with the requirements as de- amounts designated under paragraphs (1)
menting swift and certain sanctions in proba- through (3) and (6) may be used for training
tion, and for a research project on the effective- scribed in section 104 of H.R. 7120 as passed by
the House of Representatives on June 25, 2020; and technical assistance: Provided further, That
ness of the model: Provided, That up to the two preceding provisos shall not apply to
$7,500,000 of funds made available in this para- and
(B) $50,000,000 is for Law Enforcement Trust grants and projects administered pursuant to
graph may be used for performance-based sections 261 and 262 of the 1974 Act and to miss-
awards for Pay for Success projects, of which and Integrity Grant Programs: Provided, That
of the amounts provided under this subpara- ing and exploited children programs.
up to $5,000,000 shall be for Pay for Success pro-
graph— PUBLIC SAFETY OFFICER BENEFITS
grams implementing the Permanent Supportive
Housing Model; (i) $25,000,000 shall be for grants to allow com- (INCLUDING TRANSFER OF FUNDS)
(15) $77,500,000 for initiatives to improve po- munity-based organizations to study manage- For payments and expenses authorized under
lice-community relations, of which $27,500,000 is ment and operations standards for law enforce- section 1001(a)(4) of title I of the Omnibus Crime
for a competitive matching grant program for ment agencies, consistent with the requirements Control and Safe Streets Act of 1968, such sums
purchases of body-worn cameras for State, local as described in subsections (b) and (c) of section as are necessary (including amounts for admin-
and Tribal law enforcement, $30,000,000 is for a 114 of H.R. 7120 as passed by the House of Rep- istrative costs), to remain available until ex-
dlhill on DSK120RN23PROD with HOUSE
justice reinvestment initiative, for activities re- resentatives on June 25, 2020; and pended; and $24,800,000 for payments authorized
lated to criminal justice reform and recidivism (ii) $25,000,000 shall be for grants to develop by section 1201(b) of such Act and for edu-
reduction, and $20,000,000 is for an Edward pilot programs and implement effective stand- cational assistance authorized by section 1218 of
Byrne Memorial criminal justice innovation pro- ards and programs, consistent with the require- such Act, to remain available until expended:
gram; ments as described in subsections (c) and (d) of Provided, That upon a determination by the At-
(16) $412,000,000 for comprehensive opioid section 114 of H.R. 7120 as passed by the House torney General that emergent circumstances re-
abuse reduction activities, including as author- of Representatives on June 25, 2020. quire additional funding for such disability and
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4021
education payments, the Attorney General may with high rates of primary treatment admissions SEC. 209. Notwithstanding any other provision
transfer such amounts to ‘‘Public Safety Officer for heroin and other opioids: Provided, That of law, no funds shall be available for the sal-
Benefits’’ from available appropriations for the these funds shall be utilized for investigative ary, benefits, or expenses of any United States
Department of Justice as may be necessary to re- purposes to locate or investigate illicit activities, Attorney assigned dual or additional respon-
spond to such circumstances: Provided further, including activities related to the distribution of sibilities by the Attorney General or his designee
That any transfer pursuant to the preceding heroin or unlawful distribution of prescription that exempt that United States Attorney from
proviso shall be treated as a reprogramming opioids, or unlawful heroin and prescription the residency requirements of section 545 of title
under section 505 of this Act and shall not be opioid traffickers through statewide collabora- 28, United States Code.
available for obligation or expenditure except in tion; and SEC. 210. At the discretion of the Attorney
compliance with the procedures set forth in that (5) $53,000,000 is for competitive grants to be General, and in addition to any amounts that
section. administered by the Community Oriented Polic- otherwise may be available (or authorized to be
COMMUNITY ORIENTED POLICING SERVICES ing Services Office for purposes authorized made available) by law, with respect to funds
COMMUNITY ORIENTED POLICING SERVICES under the STOP School Violence Act (title V of appropriated by this title under the headings
PROGRAMS division S of Public Law 115–141). ‘‘Research, Evaluation and Statistics’’, ‘‘State
(INCLUDING TRANSFER OF FUNDS) GENERAL PROVISIONS—DEPARTMENT OF JUSTICE and Local Law Enforcement Assistance’’, and
(INCLUDING TRANSFER OF FUNDS)
‘‘Juvenile Justice Programs’’—
For activities authorized by the Violent Crime (1) up to 2 percent of funds made available to
Control and Law Enforcement Act of 1994 (Pub- SEC. 201. None of the funds appropriated by the Office of Justice Programs for grant or reim-
lic Law 103–322); the Omnibus Crime Control this title shall be available to pay for an abor- bursement programs may be used by such Office
and Safe Streets Act of 1968 (‘‘the 1968 Act’’); tion, except where the life of the mother would to provide training and technical assistance;
the Violence Against Women and Department of be endangered if the fetus were carried to term, and
Justice Reauthorization Act of 2005 (Public Law or in the case of rape or incest: Provided, That (2) up to 2 percent of funds made available for
109–162) (‘‘the 2005 Act’’); the American Law should this prohibition be declared unconstitu- grant or reimbursement programs under such
Enforcement Heroes Act of 2017 (Public Law tional by a court of competent jurisdiction, this headings, except for amounts appropriated spe-
115–37); and the SUPPORT for Patients and section shall be null and void. cifically for research, evaluation, or statistical
Communities Act (Public Law 115–271), SEC. 202. None of the funds appropriated programs administered by the National Institute
$343,000,000, to remain available until expended: under this title shall be used to require any per- of Justice and the Bureau of Justice Statistics,
Provided, That any balances made available son to perform, or facilitate in any way the per- shall be transferred to and merged with funds
through prior year deobligations shall only be formance of, any abortion. provided to the National Institute of Justice and
available in accordance with section 505 of this SEC. 203. Nothing in the preceding section the Bureau of Justice Statistics, to be used by
Act: Provided further, That of the amount pro- shall remove the obligation of the Director of the them for research, evaluation, or statistical pur-
vided under this heading— Bureau of Prisons to provide escort services nec-
(1) $231,000,000 is for grants under section 1701 poses, without regard to the authorizations for
essary for a female inmate to receive such serv- such grant or reimbursement programs.
of title I of the 1968 Act (34 U.S.C. 10381) for the ice outside the Federal facility: Provided, That SEC. 211. Upon request by a grantee for whom
hiring and rehiring of additional career law en- nothing in this section in any way diminishes the Attorney General has determined there is a
forcement officers under part Q of such title the effect of section 202 intended to address the
notwithstanding subsection (i) of such section: fiscal hardship, the Attorney General may, with
philosophical beliefs of individual employees of respect to funds appropriated in this or any
Provided, That, notwithstanding section 1704(c) the Bureau of Prisons.
of such title (34 U.S.C. 10384(c)), funding for other Act making appropriations for fiscal years
SEC. 204. None of the funds made available 2018 through 2021 for the following programs,
hiring or rehiring a career law enforcement offi- under this title may be used by the Federal Bu-
cer may not exceed $125,000 unless the Director waive the following requirements:
reau of Prisons or the United States Marshals (1) For the adult and juvenile offender State
of the Office of Community Oriented Policing Service for the purpose of transporting an indi-
Services grants a waiver from this limitation: and local reentry demonstration projects under
vidual who is a prisoner pursuant to conviction part FF of title I of the Omnibus Crime Control
Provided further, That within the amounts ap- for crime under State or Federal law and is clas-
propriated under this paragraph, $27,000,000 is and Safe Streets Act of 1968 (34 U.S.C. 10631 et
sified as a maximum or high security prisoner, seq.), the requirements under section 2976(g)(1)
for improving tribal law enforcement, including other than to a prison or other facility certified
hiring, equipment, training, anti-methamphet- of such part (34 U.S.C. 10631(g)(1)).
by the Federal Bureau of Prisons as appro- (2) For grants to protect inmates and safe-
amine activities, and anti-opioid activities: Pro-
priately secure for housing such a prisoner. guard communities as authorized by section 6 of
vided further, That of the amounts appropriated SEC. 205. (a) None of the funds appropriated
under this paragraph, $6,500,000 is for commu- the Prison Rape Elimination Act of 2003 (34
by this Act may be used by Federal prisons to U.S.C. 30305(c)(3)), the requirements of section
nity policing development activities in further-
purchase cable television services, or to rent or 6(c)(3) of such Act.
ance of the purposes in section 1701: Provided
purchase audiovisual or electronic media or SEC. 212. Notwithstanding any other provision
further, That of the amounts appropriated
equipment used primarily for recreational pur- of law, section 20109(a) of subtitle A of title II
under this paragraph $40,000,000 is for regional
poses. of the Violent Crime Control and Law Enforce-
information sharing activities, as authorized by
(b) Subsection (a) does not preclude the rent- ment Act of 1994 (34 U.S.C. 12109(a)) shall not
part M of title I of the 1968 Act, which shall be
al, maintenance, or purchase of audiovisual or apply to amounts made available by this or any
transferred to and merged with ‘‘Research,
electronic media or equipment for inmate train- other Act.
Evaluation, and Statistics’’ for administration
ing, religious, or educational programs. SEC. 213. None of the funds made available
by the Office of Justice Programs: Provided fur-
SEC. 206. None of the funds made available under this Act, other than for the national in-
ther, That within the amounts appropriated
under this title shall be obligated or expended stant criminal background check system estab-
under this paragraph, no less than $3,000,000 is
for any new or enhanced information tech- lished under section 103 of the Brady Handgun
to support the Tribal Access Program: Provided
nology program having total estimated develop- Violence Prevention Act (34 U.S.C. 40901), may
further, That within the amounts appropriated
ment costs in excess of $100,000,000, unless the be used by a Federal law enforcement officer to
under this paragraph, $5,000,000 is for training,
Deputy Attorney General and the investment re- facilitate the transfer of an operable firearm to
peer mentoring, and mental health program ac-
view board certify to the Committees on Appro- an individual if the Federal law enforcement of-
tivities as authorized under the Law Enforce-
ment Mental Health and Wellness Act (Public priations of the House of Representatives and ficer knows or suspects that the individual is an
Law 115–113): Provided further, That within the the Senate that the information technology pro- agent of a drug cartel, unless law enforcement
amount appropriated under this paragraph, no gram has appropriate program management con- personnel of the United States continuously
less than $4,000,000 is for grant programs to de- trols and contractor oversight mechanisms in monitor or control the firearm at all times.
velop best practices for, and to create, civilian place, and that the program is compatible with SEC. 214. (a) None of the income retained in
review boards, consistent with the requirements the enterprise architecture of the Department of the Department of Justice Working Capital
as described in section 104(b) of H.R. 7120 as Justice. Fund pursuant to title I of Public Law 102–140
passed by in the House of Representatives on SEC. 207. The notification thresholds and pro- (105 Stat. 784; 28 U.S.C. 527 note) shall be avail-
June 25, 2020. cedures set forth in section 505 of this Act shall able for obligation during fiscal year 2021, ex-
(2) $11,000,000 is for activities authorized by apply to deviations from the amounts designated cept up to $12,000,000 may be obligated for im-
the POLICE Act of 2016 (Public Law 114–199); for specific activities in this Act and in the re- plementation of a unified Department of Justice
(3) $13,000,000 is for competitive grants to port accompanying this Act, and to any use of financial management system.
State law enforcement agencies in States with deobligated balances of funds provided under (b) Not to exceed $30,000,000 of the unobli-
high seizures of precursor chemicals, finished this title in previous years. gated balances transferred to the capital ac-
methamphetamine, laboratories, and laboratory SEC. 208. None of the funds appropriated by count of the Department of Justice Working
dump seizures: Provided, That funds appro- this Act may be used to plan for, begin, con- Capital Fund pursuant to title I of Public Law
dlhill on DSK120RN23PROD with HOUSE
priated under this paragraph shall be utilized tinue, finish, process, or approve a public-pri- 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall
for investigative purposes to locate or inves- vate competition under the Office of Manage- be available for obligation in fiscal year 2021,
tigate illicit activities, including precursor diver- ment and Budget Circular A–76 or any successor and any use, obligation, transfer or allocation
sion, laboratories, or methamphetamine traf- administrative regulation, directive, or policy of such funds shall be treated as a reprogram-
fickers; for work performed by employees of the Bureau ming of funds under section 505 of this Act.
(4) $35,000,000 is for competitive grants to of Prisons or of Federal Prison Industries, In- (c) Not to exceed $10,000,000 of the excess un-
statewide law enforcement agencies in States corporated. obligated balances available under section
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H4022 CONGRESSIONAL RECORD — HOUSE July 30, 2020
524(c)(8)(E) of title 28, United States Code, shall (i) a description of when and where deadly In the case of a multi-jurisdictional or regional
be available for obligation during fiscal year force was used, and whether it resulted in consortium that would be eligible to receive
2021, and any use, obligation, transfer or alloca- death; funds under the Community Oriented Policing
tion of such funds shall be treated as a re- (ii) a description of deadly force directed Services grant program, if any member of that
programming of funds under section 505 of this against an officer or employee and whether it consortium is a State or unit of local govern-
Act. resulted in injury or death; and ment that does not have in effect a law de-
SEC. 215. Discretionary funds that are made (iii) the law enforcement agency’s justification scribed in paragraphs (1) and (2), that consor-
available in this Act for the Office of Justice for use of deadly force, if the agency determines tium shall not be eligible to receive such funds.
Programs may be used to participate in Perform- it was justified; and This title may be cited as the ‘‘Department of
ance Partnership Pilots authorized under such (8) will not make such funds available to a Justice Appropriations Act, 2021’’.
authorities as have been enacted for Perform- law enforcement agency that has entered into or TITLE III
ance Partnership Pilots in appropriations acts renewed any contractual arrangement, includ- SCIENCE
in prior fiscal years and the current fiscal year. ing a collective bargaining agreement with a OFFICE OF SCIENCE AND TECHNOLOGY POLICY
SEC. 216. Notwithstanding section 219 of divi- labor organization, that—
For necessary expenses of the Office of
sion B of Public Law 116—93, section (A) would prevent the Attorney General from
Science and Technology Policy, in carrying out
1930(a)(6)(B) of title 28, United States Code, seeking or enforcing equitable or declaratory re-
the purposes of the National Science and Tech-
shall be applied for fiscal years 2021 and 2022 by lief against a law enforcement agency engaging
nology Policy, Organization, and Priorities Act
substituting ‘‘$300,000,000’’ for ‘‘$200,000,000’’. in a pattern or practice of unconstitutional mis-
of 1976 (42 U.S.C. 6601 et seq.), hire of passenger
SEC. 217. None of the funds made available by conduct; or
motor vehicles, and services as authorized by
this Act may be used by the Executive Office for (B) conflicts with any terms or conditions con-
section 3109 of title 5, United States Code, not to
Immigration Review to implement case perform- tained in a consent decree.
exceed $2,250 for official reception and represen-
ance numeric metrics that are linked to perform- SEC. 220. NATIONAL TASK FORCE ON LAW
tation expenses, and rental of conference rooms
ance evaluations for individual immigration ENFORCEMENT OVERSIGHT.
in the District of Columbia, $5,544,000.
judges. (a) ESTABLISHMENT.—There is established
SEC. 218. Section 151 of the Foreign Relations within the Department of Justice a task force to NATIONAL SPACE COUNCIL
Authorization Act, Fiscal Years 1990 and 1991 be known as the Task Force on Law Enforce- For necessary expenses of the National Space
(Public Law 101–246; 5 U.S.C. 5928 note), is ment Oversight (hereinafter in this section re- Council, in carrying out the purposes of Title V
amended— ferred to as the ‘‘Task Force’’). of Public Law 100–685 and Executive Order
(a) by striking ‘‘or’’ after ‘‘Drug Enforcement (b) COMPOSITION.—The Task Force shall be 13803, hire of passenger motor vehicles, and
Administration’’ and inserting ‘‘, the’’, and composed of individuals appointed by the Attor- services as authorized by section 3109 of title 5,
(b) by inserting ‘‘, or the United States Mar- ney General, who shall appoint not less than United States Code, not to exceed $2,250 for offi-
shals Service’’ after ‘‘Federal Bureau of Inves- one individual from each of the following: cial reception and representation expenses,
tigation’’. (1) The Special Litigation Section of the Civil $1,965,000: Provided, That notwithstanding any
SEC. 219. None of the funds made available Rights Division; other provision of law, the National Space
under this Act for the Edward Byrne Memorial (2) The Criminal Section of the Civil Rights Council may accept personnel support from Fed-
Justice Assistance Grant program or Community Division; eral agencies, departments, and offices, and
Oriented Policing Services program may be (3) The Federal Coordination and Compliance such Federal agencies, departments, and offices
awarded to a State or unit of local government Section of the Civil Rights Division; may detail staff without reimbursement to the
unless the United States Attorney General cer- (4) The Employment Litigation Section of the National Space Council for purposes provided
tifies that the State or unit of local govern- Civil Rights Division; herein.
ment— (5) The Disability Rights Section of the Civil NATIONAL AERONAUTICS AND SPACE
(1) maintains adequate policies and proce- Rights Division; ADMINISTRATION
dures designed to eliminate racial profiling in (6) The Office of Justice Programs; SCIENCE
law enforcement, and has eliminated any exist- (7) The Office of Community Oriented Polic-
For necessary expenses, not otherwise pro-
ing practices that permit or encourage racial ing Services (COPS);
vided for, in the conduct and support of science
profiling in law enforcement; (8) The Corruption/Civil Rights Section of the
research and development activities, including
(2) requires each law enforcement officer in Federal Bureau of Investigation;
research, development, operations, support, and
the State or unit of local government to complete (9) The Community Relations Service;
services; maintenance and repair, facility plan-
training programs on racial profiling, implicit (10) The Office of Tribal Justice; and
(11) The unit within the Department of Justice ning and design; space flight, spacecraft con-
bias, de-escalation, use of force and a duty to trol, and communications activities; program
intervene in cases where another law enforce- assigned as a liaison for civilian review boards.
(c) POWERS AND DUTIES.—The Task Force management; personnel and related costs, in-
ment officer is using excessive force against a ci- cluding uniforms or allowances therefor, as au-
vilian, and procedural justice; shall consult with professional law enforcement
associations, labor organizations, and commu- thorized by sections 5901 and 5902 of title 5,
(3) has in effect a law that prohibits law en- United States Code; travel expenses; purchase
forcement officers in the State or other jurisdic- nity-based organizations to coordinate the proc-
ess of the detection and referral of complaints and hire of passenger motor vehicles; and pur-
tion from using a chokehold or carotid hold, chase, lease, charter, maintenance, and oper-
consistent with the requirements as described in regarding incidents of alleged law enforcement
misconduct. ation of mission and administrative aircraft,
section 363 of H.R. 7120 as passed by the House $7,097,500,000, to remain available until Sep-
of Representatives on June 25, 2020; SEC. 221. None of the funds appropriated by
this title shall be made available for any law en- tember 30, 2022: Provided, That, $2,021,800,000
(4) has in effect a law that prohibits law en- shall be for Earth Science; $2,713,400,000 shall be
forcement officers in the State or other jurisdic- forcement agency of any State, unit of local
government, or Federally recognized Tribal gov- for Planetary Science; $1,306,200,000 shall be for
tion from using less lethal force, consistent with Astrophysics; $423,000,000 shall be for the James
the requirements as described in section 364 of ernment unless the Attorney General of the
United States has certified that such agency has Webb Space Telescope; and $633,100,000 shall be
H.R. 7120 as passed by the House of Representa- for Heliophysics: Provided further, That of the
tives on June 25, 2020; begun or completed the process of obtaining ac-
creditation from a law enforcement accredita- amounts provided, $403,500,000 is for an orbiter
(5) has in effect a law that prohibits law en-
tion organization (as defined in section 112(2) of to meet the science goals for the Jupiter Europa
forcement officers in the State or other jurisdic-
H.R. 7120 as passed by the House of Representa- mission as recommended in previous Planetary
tion from using deadly force, consistent with the
tives on June 25, 2020) approved by the Attorney Science Decadal surveys: Provided further, That
requirements as described in section 364 of H.R.
General. the National Aeronautics and Space Adminis-
7120 as passed by the House of Representatives
SEC. 222. None of the funds made available tration shall use the Space Launch System, if
on June 25, 2020;
under this Act for the Edward Byrne Memorial available, as the launch vehicles for the Jupiter
(6) has in effect a law that prohibits the
Justice Assistance Grant program or Community Europa missions, plan for an orbiter launch no
issuance of a ‘‘no-knock warrant’’ in a drug
Oriented Policing Services program may be later than 2025 and a lander launch no later
case, consistent with the requirements as de-
awarded to a State or unit of local government than 2027, and include in the fiscal year 2022
scribed in section 362 of H.R. 7120 as passed by
unless the United States Attorney General cer- budget the 5-year funding profile necessary to
the House of Representatives on June 25, 2020;
tifies that the State or unit of local government achieve these goals.
(7) has provided the United States Attorney
General a law enforcement practice report that has in effect a law that— AERONAUTICS
includes information on the race, ethnicity, age, (1) makes it a criminal offense for any person For necessary expenses, not otherwise pro-
and gender of the officers and employees of the acting under color of law of the State or unit of vided for, in the conduct and support of aero-
law enforcement agency and of members of the local government to engage in a sexual act with nautics research and development activities, in-
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public involved in— an individual, including an individual who is cluding research, development, operations, sup-
(A) traffic violation stops; under arrest, in detention, or otherwise in the port, and services; maintenance and repair, fa-
(B) pedestrian stops; actual custody of any law enforcement officer; cility planning and design; space flight, space-
(C) frisk and body searches; and craft control, and communications activities;
(D) instances where officers or employees of (2) prohibits a person charged with an offense program management; personnel and related
the law enforcement agency used deadly force described herein from asserting the consent of costs, including uniforms or allowances there-
including— the other individual as a defense. for, as authorized by sections 5901 and 5902 of
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4023
title 5, United States Code; travel expenses; pur- operations research and development activities, annual budget request shall include an annual
chase and hire of passenger motor vehicles; and including research, development, operations, estimate of gross receipts and collections and
purchase, lease, charter, maintenance, and op- support and services; space flight, spacecraft proposed use of all funds collected pursuant to
eration of mission and administrative aircraft, control and communications activities, includ- section 20145 of title 51, United States Code.
$819,000,000, to remain available until September ing operations, production, and services; main- OFFICE OF INSPECTOR GENERAL
30, 2022. tenance and repair, facility planning and de- For necessary expenses of the Office of In-
SPACE TECHNOLOGY sign; program management; personnel and re- spector General in carrying out the Inspector
For necessary expenses, not otherwise pro- lated costs, including uniforms or allowances General Act of 1978, $44,200,000, of which
vided for, in the conduct and support of space therefor, as authorized by sections 5901 and 5902 $500,000 shall remain available until September
technology research and development activities, of title 5, United States Code; travel expenses; 30, 2022.
including research, development, operations, purchase and hire of passenger motor vehicles; ADMINISTRATIVE PROVISIONS
support, and services; maintenance and repair, and purchase, lease, charter, maintenance and
(INCLUDING TRANSFERS OF FUNDS)
facility planning and design; space flight, operation of mission and administrative aircraft,
$4,052,200,000, to remain available until Sep- Funds for any announced prize otherwise au-
spacecraft control, and communications activi-
tember 30, 2022. thorized shall remain available, without fiscal
ties; program management; personnel and re-
year limitation, until a prize is claimed or the
lated costs, including uniforms or allowances SCIENCE, TECHNOLOGY, ENGINEERING, AND
offer is withdrawn.
therefor, as authorized by sections 5901 and 5902 MATHEMATICS ENGAGEMENT Not to exceed 5 percent of any appropriation
of title 5, United States Code; travel expenses; For necessary expenses, not otherwise pro- made available for the current fiscal year for
purchase and hire of passenger motor vehicles; vided for, in the conduct and support of aero- the National Aeronautics and Space Adminis-
and purchase, lease, charter, maintenance, and space and aeronautical education research and tration in this Act may be transferred between
operation of mission and administrative aircraft, development activities, including research, de- such appropriations, but no such appropriation,
$1,100,000,000, to remain available until Sep- velopment, operations, support, and services; except as otherwise specifically provided, shall
tember 30, 2022: Provided, That $227,000,000 program management; personnel and related be increased by more than 10 percent by any
shall be for RESTORE–L/SPace Infrastructure costs, including uniforms or allowances there- such transfers. Any funds transferred to ‘‘Con-
DExterous Robot: Provided further, That for, as authorized by sections 5901 and 5902 of struction and Environmental Compliance and
$110,000,000 shall be for the development, pro- title 5, United States Code; travel expenses; pur- Restoration’’ for construction activities shall
duction and demonstration of a nuclear thermal chase and hire of passenger motor vehicles; and not increase that account by more than 20 per-
propulsion system, of which $80,000,000 shall be purchase, lease, charter, maintenance, and op- cent. Balances so transferred shall be merged
for the design of a flight demonstration system: eration of mission and administrative aircraft, with and available for the same purposes and
Provided further, That, not later than 180 days $126,000,000, to remain available until September the same time period as the appropriations to
after the enactment of this Act, the National which transferred. Any transfer pursuant to
30, 2022, of which $26,000,000 shall be for the Es-
Aeronautics and Space Administration shall this provision shall be treated as a reprogram-
tablished Program to Stimulate Competitive Re-
provide a plan for the design of a flight dem- ming of funds under section 505 of this Act and
search and $50,000,000 shall be for the National
onstration. shall not be available for obligation except in
Space Grant College and Fellowship Program.
EXPLORATION compliance with the procedures set forth in that
SAFETY, SECURITY AND MISSION SERVICES
For necessary expenses, not otherwise pro- section.
vided for, in the conduct and support of explo- For necessary expenses, not otherwise pro- Not to exceed 5 percent of any appropriation
ration research and development activities, in- vided for, in the conduct and support of science, provided for the National Aeronautics and
cluding research, development, operations, sup- aeronautics, space technology, exploration, Space Administration under previous appropria-
port, and services; maintenance and repair, fa- space operations and education research and tions Acts that remains available for obligation
cility planning and design; space flight, space- development activities, including research, de- or expenditure in fiscal year 2021 may be trans-
craft control, and communications activities; velopment, operations, support, and services; ferred between such appropriations, but no such
program management; personnel and related maintenance and repair, facility planning and appropriation, except as otherwise specifically
costs, including uniforms or allowances there- design; space flight, spacecraft control, and provided, shall be increased by more than 10
for, as authorized by sections 5901 and 5902 of communications activities; program manage- percent by any such transfers. Any transfer
title 5, United States Code; travel expenses; pur- ment; personnel and related costs, including pursuant to this provision shall retain its origi-
chase and hire of passenger motor vehicles; and uniforms or allowances therefor, as authorized nal availability and shall be treated as a re-
purchase, lease, charter, maintenance, and op- by sections 5901 and 5902 of title 5, United States programming of funds under section 505 of this
eration of mission and administrative aircraft, Code; travel expenses; purchase and hire of pas- Act and shall not be available for obligation ex-
$6,017,600,000, to remain available until Sep- senger motor vehicles; not to exceed $63,000 for cept in compliance with the procedures set forth
tember 30, 2022: Provided, That not less than official reception and representation expenses; in that section.
$1,400,500,000 shall be for the Orion Multi-Pur- and purchase, lease, charter, maintenance, and The spending plan required by this Act shall
pose Crew Vehicle: Provided further, That not operation of mission and administrative aircraft, be provided by NASA at the theme, program,
less than $2,600,000,000 shall be for the Space $2,953,400,000, to remain available until Sep- project and activity level. The spending plan, as
Launch System (SLS) launch vehicle, which tember 30, 2022: Provided, That if available bal- well as any subsequent change of an amount es-
shall have a lift capability not less than 130 ances in the ‘‘Science, Space, and Technology tablished in that spending plan that meets the
metric tons and which shall have core elements Education Trust Fund’’ are not sufficient to notification requirements of section 505 of this
and an Exploration Upper Stage developed si- provide for the grant disbursements required Act, shall be treated as a reprogramming under
multaneously to be used to the maximum extent under the third and fourth provisos under such section 505 of this Act and shall not be available
practicable, including for Earth to Moon mis- heading in the Department of Housing and for obligation or expenditure except in compli-
sions and Moon landings: Provided further, Urban Development-Independent Agencies Ap- ance with the procedures set forth in that sec-
That of the amounts provided for SLS, not less propriations Act, 1989, (Public Law 100–404), as tion.
than $400,000,000 shall be for SLS Block 1B de- amended by the Departments of Veterans Af- Not more than 40 percent of the amounts made
velopment including the Exploration Upper fairs and Housing and Urban Development, and available in this Act for the Gateway; Advanced
Stage and associated systems including related Independent Agencies Appropriations Act, 1995, Cislunar and Surface Capabilities; Commercial
facilitization: Provided further, That (Public Law 103–327), up to $1,000,000 shall be LEO Development; Human Landing System;
$459,700,000 shall be for Exploration Ground available from amounts made available under and Lunar Discovery and Exploration, exclud-
Systems including infrastructure in support of this heading to make such grant disbursements. ing the Lunar Reconnaissance Orbiter, may be
SLS Block 1B missions: Provided further, That CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE obligated until the Administrator submits a
the National Aeronautics and Space Adminis- AND RESTORATION multi-year plan to the Committees on Appro-
tration shall provide to the Committees on Ap- priations of the House of Representatives and
For necessary expenses for construction of fa-
propriations of the House of Representatives the Senate that identifies estimated dates, by
cilities including repair, rehabilitation, revital-
and the Senate, concurrent with the annual fiscal year, for Space Launch System flights to
ization, and modification of facilities, construc-
budget submission, a 5-year budget profile for build the Gateway; the commencement of part-
tion of new facilities and additions to existing
an integrated system that includes the SLS, the nerships with commercial entities for additional
facilities, facility planning and design, and res-
Orion Multi-Purpose Crew Vehicle, and associ- LEO missions to land humans and rovers on the
toration, and acquisition or condemnation of
ated ground systems that will ensure a crewed Moon; and conducting additional scientific ac-
real property, as authorized by law, and envi-
launch as early as possible, as well as a system- tivities on the Moon. The multi-year plan shall
ronmental compliance and restoration,
based funding profile for a sustained launch ca- include key milestones to be met by fiscal year
$419,100,000, to remain available until September
dence that contemplates the use of an SLS to achieve goals for each of the lunar programs
30, 2026: Provided, That proceeds from leases de-
Block 1B cargo variant and associated ground described in the previous sentence and funding
dlhill on DSK120RN23PROD with HOUSE
posited into this account shall be available for a
systems: Provided further, That $1,557,400,000 required by fiscal year to achieve such mile-
period of 5 years to the extent and in amounts
shall be for exploration research and develop- stones.
as provided in annual appropriations Acts: Pro-
ment. vided further, That such proceeds referred to in NATIONAL SCIENCE FOUNDATION
SPACE OPERATIONS the preceding proviso shall be available for obli- RESEARCH AND RELATED ACTIVITIES
For necessary expenses, not otherwise pro- gation for fiscal year 2021 in an amount not to For necessary expenses in carrying out the
vided for, in the conduct and support of space exceed $18,700,000: Provided further, That each National Science Foundation Act of 1950 (42
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H4024 CONGRESSIONAL RECORD — HOUSE July 30, 2020
U.S.C. 1861 et seq.), and Public Law 86–209 (42 creased by more than 10 percent by any such LEGAL SERVICES CORPORATION
U.S.C. 1880 et seq.); services as authorized by transfers. Any transfer pursuant to this para- PAYMENT TO THE LEGAL SERVICES CORPORATION
section 3109 of title 5, United States Code; main- graph shall be treated as a reprogramming of
tenance and operation of aircraft and purchase funds under section 505 of this Act and shall not For payment to the Legal Services Corpora-
of flight services for research support; acquisi- be available for obligation except in compliance tion to carry out the purposes of the Legal Serv-
tion of aircraft; and authorized travel; with the procedures set forth in that section. ices Corporation Act of 1974, $465,000,000, of
$6,967,123,000, to remain available until Sep- The Director of the National Science Founda- which $423,400,000 is for basic field programs
tember 30, 2022, of which not to exceed tion (NSF) shall notify the Committees on Ap- and required independent audits; $5,600,000 is
$544,000,000 shall remain available until ex- propriations of the House of Representatives for the Office of Inspector General, of which
pended for polar research and operations sup- and the Senate at least 30 days in advance of such amounts as may be necessary may be used
port, and for reimbursement to other Federal any planned divestment through transfer, de- to conduct additional audits of recipients;
agencies for operational and science support commissioning, termination, or deconstruction $24,000,000 is for management and grants over-
and logistical and other related activities for the of any NSF-owned facilities or any NSF capital sight; $5,000,000 is for client self-help and infor-
United States Antarctic program: Provided, assets (including land, structures, and equip- mation technology; $5,000,000 is for a Pro Bono
That receipts for scientific support services and ment) valued greater than $2,500,000. Innovation Fund; and $2,000,000 is for loan re-
materials furnished by the National Research This title may be cited as the ‘‘Science Appro- payment assistance: Provided, That the Legal
Centers and other National Science Foundation priations Act, 2021’’. Services Corporation may continue to provide
supported research facilities may be credited to locality pay to officers and employees at a rate
TITLE IV
this appropriation. no greater than that provided by the Federal
RELATED AGENCIES Government to Washington, DC-based employ-
MAJOR RESEARCH EQUIPMENT AND FACILITIES COMMISSION ON CIVIL RIGHTS ees as authorized by section 5304 of title 5,
CONSTRUCTION
SALARIES AND EXPENSES United States Code, notwithstanding section
For necessary expenses for the acquisition, 1005(d) of the Legal Services Corporation Act (42
For necessary expenses of the Commission on
construction, commissioning, and upgrading of U.S.C. 2996d(d)): Provided further, That not to
Civil Rights, including hire of passenger motor
major research equipment, facilities, and other exceed 5 percent of any appropriation made
vehicles, $12,000,000: Provided, That none of the
such capital assets pursuant to the National available for the current fiscal year for the
funds appropriated in this paragraph may be
Science Foundation Act of 1950 (42 U.S.C. 1861 Legal Services Corporation in this Act may be
used to employ any individuals under Schedule
et seq.), including authorized travel, transferred between such appropriations, but no
C of subpart C of part 213 of title 5 of the Code
$243,230,000, to remain available until expended. such appropriation shall be increased by more
of Federal Regulations exclusive of one special
EDUCATION AND HUMAN RESOURCES assistant for each Commissioner: Provided fur- than 10 percent by any such transfers: Provided
For necessary expenses in carrying out ther, That none of the funds appropriated in further, That any transfer pursuant to the pre-
science, mathematics and engineering education this paragraph shall be used to reimburse Com- ceding proviso shall be treated as a reprogram-
and human resources programs and activities missioners for more than 75 billable days, with ming of funds under section 505 of this Act and
pursuant to the National Science Foundation the exception of the chairperson, who is per- shall not be available for obligation or expendi-
Act of 1950 (42 U.S.C. 1861 et seq.), including mitted 125 billable days: Provided further, That ture except in compliance with the procedures
services as authorized by section 3109 of title 5, the Chair may accept and use any gift or dona- set forth in that section: Provided further, That,
United States Code, authorized travel, and rent- tion to carry out the work of the Commission: for the purposes of section 505 of this Act, the
al of conference rooms in the District of Colum- Provided further, That none of the funds appro- Legal Services Corporation shall be considered
bia, $970,000,000, to remain available until Sep- priated in this paragraph shall be used for any an agency of the United States Government.
tember 30, 2022. activity or expense that is not explicitly author- ADMINISTRATIVE PROVISION—LEGAL SERVICES
AGENCY OPERATIONS AND AWARD MANAGEMENT ized by section 3 of the Civil Rights Commission CORPORATION
Act of 1983 (42 U.S.C. 1975a). None of the funds appropriated in this Act to
For agency operations and award manage-
ment necessary in carrying out the National EQUAL EMPLOYMENT OPPORTUNITY COMMISSION the Legal Services Corporation shall be ex-
Science Foundation Act of 1950 (42 U.S.C. 1861 SALARIES AND EXPENSES pended for any purpose prohibited or limited by,
et seq.); services authorized by section 3109 of For necessary expenses of the Equal Employ- or contrary to any of the provisions of, sections
title 5, United States Code; hire of passenger ment Opportunity Commission as authorized by 501, 502, 503, 504, 505, and 506 of Public Law
motor vehicles; uniforms or allowances therefor, title VII of the Civil Rights Act of 1964, the Age 105–119, and all funds appropriated in this Act
as authorized by sections 5901 and 5902 of title Discrimination in Employment Act of 1967, the to the Legal Services Corporation shall be sub-
5, United States Code; rental of conference Equal Pay Act of 1963, the Americans with Dis- ject to the same terms and conditions set forth
rooms in the District of Columbia; and reim- abilities Act of 1990, section 501 of the Rehabili- in such sections, except that all references in
bursement of the Department of Homeland Secu- tation Act of 1973, the Civil Rights Act of 1991, sections 502 and 503 to 1997 and 1998 shall be
rity for security guard services; $345,640,000: the Genetic Information Nondiscrimination Act deemed to refer instead to 2020 and 2021, respec-
Provided, That not to exceed $8,280 is for official (GINA) of 2008 (Public Law 110–233), the ADA tively.
reception and representation expenses: Provided Amendments Act of 2008 (Public Law 110–325), MARINE MAMMAL COMMISSION
further, That contracts may be entered into and the Lilly Ledbetter Fair Pay Act of 2009 SALARIES AND EXPENSES
under this heading in fiscal year 2021 for main- (Public Law 111–2), including services as au-
tenance and operation of facilities and for other thorized by section 3109 of title 5, United States For necessary expenses of the Marine Mam-
services to be provided during the next fiscal Code; hire of passenger motor vehicles as au- mal Commission as authorized by title II of the
year. thorized by section 1343(b) of title 31, United Marine Mammal Protection Act of 1972 (16
States Code; nonmonetary awards to private U.S.C. 1361 et seq.), $3,769,000.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of citizens; and up to $32,600,000 for payments to OFFICE OF THE UNITED STATES TRADE
salaries, authorized travel, hire of passenger State and local enforcement agencies for author- REPRESENTATIVE
motor vehicles, the rental of conference rooms in ized services to the Commission, $408,700,000: SALARIES AND EXPENSES
the District of Columbia, and the employment of Provided, That the Commission is authorized to
make available for official reception and rep- For necessary expenses of the Office of the
experts and consultants under section 3109 of United States Trade Representative, including
title 5, United States Code) involved in carrying resentation expenses not to exceed $2,250 from
available funds: Provided further, That the the hire of passenger motor vehicles and the em-
out section 4 of the National Science Founda- ployment of experts and consultants as author-
tion Act of 1950 (42 U.S.C. 1863) and Public Law Commission may take no action to implement
any workforce repositioning, restructuring, or ized by section 3109 of title 5, United States
86–209 (42 U.S.C. 1880 et seq.), $4,500,000: Pro- Code, $55,000,000, of which $1,000,000 shall re-
vided, That not to exceed $2,500 shall be avail- reorganization until such time as the Commit-
tees on Appropriations of the House of Rep- main available until expended: Provided, That
able for official reception and representation ex- of the total amount made available under this
penses. resentatives and the Senate have been notified
of such proposals, in accordance with the re- heading, not to exceed $124,000 shall be avail-
OFFICE OF INSPECTOR GENERAL programming requirements of section 505 of this able for official reception and representation ex-
For necessary expenses of the Office of In- Act: Provided further, That the Chair may ac- penses.
spector General as authorized by the Inspector cept and use any gift or donation to carry out TRADE ENFORCEMENT TRUST FUND
General Act of 1978, $17,850,000, of which the work of the Commission. (INCLUDING TRANSFER OF FUNDS)
$400,000 shall remain available until September INTERNATIONAL TRADE COMMISSION
30, 2022. For activities of the United States Trade Rep-
SALARIES AND EXPENSES resentative authorized by section 611 of the
ADMINISTRATIVE PROVISIONS
dlhill on DSK120RN23PROD with HOUSE
For necessary expenses of the International Trade Facilitation and Trade Enforcement Act
(INCLUDING TRANSFER OF FUNDS) Trade Commission, including hire of passenger of 2015 (19 U.S.C. 4405), including transfers,
Not to exceed 5 percent of any appropriation motor vehicles and services as authorized by sec- $15,000,000, to be derived from the Trade En-
made available for the current fiscal year for tion 3109 of title 5, United States Code, and not forcement Trust Fund: Provided, That any
the National Science Foundation in this Act to exceed $2,250 for official reception and rep- transfer pursuant to subsection (d)(1) of such
may be transferred between such appropria- resentation expenses, $105,000,000, to remain section shall be treated as a reprogramming
tions, but no such appropriation shall be in- available until expended. under section 505 of this Act.
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4025
STATE JUSTICE INSTITUTE funds made available by this Act shall be used agency, or instrumentality of the United States
SALARIES AND EXPENSES to purchase items that are manufactured, pro- Government, except pursuant to a transfer made
For necessary expenses of the State Justice In- duced, or assembled in the United States, its ter- by, or transfer authority provided in, this Act or
ritories or possessions. any other appropriations Act.
stitute, as authorized by the State Justice Insti-
(2) The term ‘‘promotional items’’ has the SEC. 513. (a) The Inspectors General of the De-
tute Act of 1984 (42 U.S.C. 10701 et seq.)
meaning given the term in OMB Circular A–87, partment of Commerce, the Department of Jus-
$7,700,000, of which $500,000 shall remain avail- Attachment B, Item (1)(f)(3). tice, the National Aeronautics and Space Ad-
able until September 30, 2022: Provided, That SEC. 507. (a) The Departments of Commerce ministration, the National Science Foundation,
not to exceed $2,250 shall be available for offi- and Justice, the National Science Foundation, and the Legal Services Corporation shall con-
cial reception and representation expenses: Pro- and the National Aeronautics and Space Ad- duct audits, pursuant to the Inspector General
vided further, That, for the purposes of section ministration shall provide to the Committees on Act (5 U.S.C. App.), of grants or contracts for
505 of this Act, the State Justice Institute shall Appropriations of the House of Representatives which funds are appropriated by this Act, and
be considered an agency of the United States and the Senate a quarterly report on the status shall submit reports to Congress on the progress
Government. of balances of appropriations at the account of such audits, which may include preliminary
TITLE V level. For unobligated, uncommitted balances findings and a description of areas of particular
GENERAL PROVISIONS and unobligated, committed balances the quar- interest, within 180 days after initiating such an
(INCLUDING RESCISSIONS)
terly reports shall separately identify the audit and every 180 days thereafter until any
amounts attributable to each source year of ap- such audit is completed.
(INCLUDING TRANSFER OF FUNDS) propriation from which the balances were de- (b) Within 60 days after the date on which an
SEC. 501. No part of any appropriation con- rived. For balances that are obligated, but unex- audit described in subsection (a) by an Inspector
tained in this Act shall be used for publicity or pended, the quarterly reports shall separately General is completed, the Secretary, Attorney
propaganda purposes not authorized by the identify amounts by the year of obligation. General, Administrator, Director, or President,
Congress. (b) The report described in subsection (a) shall as appropriate, shall make the results of the
SEC. 502. No part of any appropriation con- be submitted within 30 days of the end of each audit available to the public on the Internet
tained in this Act shall remain available for ob- quarter. website maintained by the Department, Admin-
ligation beyond the current fiscal year unless (c) If a department or agency is unable to ful-
istration, Foundation, or Corporation, respec-
expressly so provided herein. fill any aspect of a reporting requirement de-
tively. The results shall be made available in re-
SEC. 503. The expenditure of any appropria- scribed in subsection (a) due to a limitation of a
dacted form to exclude—
tion under this Act for any consulting service current accounting system, the department or
(1) any matter described in section 552(b) of
through procurement contract, pursuant to sec- agency shall fulfill such aspect to the maximum
title 5, United States Code; and
tion 3109 of title 5, United States Code, shall be extent practicable under such accounting system (2) sensitive personal information for any in-
limited to those contracts where such expendi- and shall identify and describe in each quar-
dividual, the public access to which could be
tures are a matter of public record and available terly report the extent to which such aspect is
used to commit identity theft or for other inap-
for public inspection, except where otherwise not fulfilled.
SEC. 508. Any costs incurred by a department propriate or unlawful purposes.
provided under existing law, or under existing (c) Any person awarded a grant or contract
Executive order issued pursuant to existing law. or agency funded under this Act resulting from,
funded by amounts appropriated by this Act
SEC. 504. If any provision of this Act or the or to prevent, personnel actions taken in re-
shall submit a statement to the Secretary of
application of such provision to any person or sponse to funding reductions included in this
Commerce, the Attorney General, the Adminis-
circumstances shall be held invalid, the remain- Act shall be absorbed within the total budgetary
trator, Director, or President, as appropriate,
der of the Act and the application of each provi- resources available to such department or agen-
cy: Provided, That the authority to transfer certifying that no funds derived from the grant
sion to persons or circumstances other than or contract will be made available through a
those as to which it is held invalid shall not be funds between appropriations accounts as may
be necessary to carry out this section is provided subcontract or in any other manner to another
affected thereby. person who has a financial interest in the per-
SEC. 505. None of the funds provided under in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to son awarded the grant or contract.
this Act, or provided under previous appropria- (d) The provisions of the preceding sub-
tions Acts to the agencies funded by this Act carry out this section shall be treated as a re-
programming of funds under section 505 of this sections of this section shall take effect 30 days
that remain available for obligation or expendi- after the date on which the Director of the Of-
ture in fiscal year 2021, or provided from any ac- Act and shall not be available for obligation or
expenditure except in compliance with the pro- fice of Management and Budget, in consultation
counts in the Treasury of the United States de- with the Director of the Office of Government
rived by the collection of fees available to the cedures set forth in that section: Provided fur-
ther, That for the Department of Commerce, this Ethics, determines that a uniform set of rules
agencies funded by this Act, shall be available and requirements, substantially similar to the
for obligation or expenditure through a re- section shall also apply to actions taken for the
care and protection of loan collateral or grant requirements in such subsections, consistently
programming of funds that: (1) creates or initi- apply under the executive branch ethics pro-
ates a new program, project, or activity; (2) property.
SEC. 509. None of the funds provided by this gram to all Federal departments, agencies, and
eliminates a program, project, or activity; (3) in- entities.
Act shall be available to promote the sale or ex-
creases funds or personnel by any means for SEC. 514. (a) None of the funds appropriated
port of tobacco or tobacco products, or to seek
any project or activity for which funds have the reduction or removal by any foreign country or otherwise made available under this Act may
been denied or restricted; (4) relocates an office of restrictions on the marketing of tobacco or to- be used by the Departments of Commerce and
or employees; (5) reorganizes or renames offices, bacco products, except for restrictions which are Justice, the National Aeronautics and Space Ad-
programs, or activities; (6) contracts out or not applied equally to all tobacco or tobacco ministration, or the National Science Founda-
privatizes any functions or activities presently products of the same type. tion to acquire a high-impact or moderate-im-
performed by Federal employees; (7) augments SEC. 510. Notwithstanding any other provision pact information system, as defined for security
existing programs, projects, or activities in ex- of law, amounts deposited or available in the categorization in the National Institute of
cess of $500,000 or 10 percent, whichever is less, Fund established by section 1402 of chapter XIV Standards and Technology’s (NIST) Federal In-
or reduces by 10 percent funding for any pro- of title II of Public Law 98–473 (34 U.S.C. 20101) formation Processing Standard Publication 199,
gram, project, or activity, or numbers of per- in any fiscal year in excess of $2,650,000,000 ‘‘Standards for Security Categorization of Fed-
sonnel by 10 percent; or (8) results from any shall not be available for obligation until the eral Information and Information Systems’’ un-
general savings, including savings from a reduc- following fiscal year: Provided, That notwith- less the agency has—
tion in personnel, which would result in a standing section 1402(d) of such Act, of the (1) reviewed the supply chain risk for the in-
change in existing programs, projects, or activi- amounts available from the Fund for obligation: formation systems against criteria developed by
ties as approved by Congress; unless the House (1) $10,000,000 shall be transferred to the De- NIST and the Federal Bureau of Investigation
and Senate Committees on Appropriations are partment of Justice Office of Inspector General (FBI) to inform acquisition decisions for high-
notified 15 days in advance of such reprogram- and remain available until expended for crime impact and moderate-impact information sys-
ming of funds. victim-related oversight and auditing purposes; tems within the Federal Government;
SEC. 506. (a) If it has been finally determined and (2) 5 percent shall be available to the Office (2) reviewed the supply chain risk from the
by a court or Federal agency that any person for Victims of Crime for grants, consistent with presumptive awardee against available and rel-
intentionally affixed a label bearing a ‘‘Made in the requirements of the Victims of Crime Act, to evant threat information provided by the FBI
America’’ inscription, or any inscription with Indian tribes to improve services for victims of and other appropriate agencies; and
the same meaning, to any product sold in or crime. (3) in consultation with the FBI or other ap-
shipped to the United States that is not made in SEC. 511. None of the funds made available to propriate Federal entity, conducted an assess-
the United States, the person shall be ineligible the Department of Justice in this Act may be ment of any risk of cyber-espionage or sabotage
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to receive any contract or subcontract made used to discriminate against or denigrate the re- associated with the acquisition of such system,
with funds made available in this Act, pursuant ligious or moral beliefs of students who partici- including any risk associated with such system
to the debarment, suspension, and ineligibility pate in programs for which financial assistance being produced, manufactured, or assembled by
procedures described in sections 9.400 through is provided from those funds, or of the parents one or more entities identified by the United
9.409 of title 48, Code of Federal Regulations. or legal guardians of such students. States Government as posing a cyber threat, in-
(b)(1) To the extent practicable, with respect SEC. 512. None of the funds made available in cluding but not limited to, those that may be
to authorized purchases of promotional items, this Act may be transferred to any department, owned, directed, or subsidized by the People’s
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H4026 CONGRESSIONAL RECORD — HOUSE July 30, 2020
Republic of China, the Islamic Republic of Iran, agency awarding the contract or grant that, to (4) In the preceding 3 fiscal years, details on
the Democratic People’s Republic of Korea, or the best of its knowledge and belief, the con- the total number of expired grant accounts with
the Russian Federation. tractor or grantee has filed all Federal tax re- undisbursed balances (on the first day of each
(b) None of the funds appropriated or other- turns required during the three years preceding fiscal year) for the department, agency, or in-
wise made available under this Act may be used the certification, has not been convicted of a strumentality and the total finances that have
to acquire a high-impact or moderate-impact in- criminal offense under the Internal Revenue not been obligated to a specific project remain-
formation system reviewed and assessed under Code of 1986, and has not, more than 90 days ing in the accounts.
subsection (a) unless the head of the assessing prior to certification, been notified of any un- SEC. 525. To the extent practicable, funds
entity described in subsection (a) has— paid Federal tax assessment for which the liabil- made available in this Act should be used to
(1) developed, in consultation with NIST, the ity remains unsatisfied, unless the assessment is purchase light bulbs that are ‘‘Energy Star’’
FBI, and supply chain risk management ex- the subject of an installment agreement or offer qualified or have the ‘‘Federal Energy Manage-
perts, a mitigation strategy for any identified in compromise that has been approved by the ment Program’’ designation.
risks; Internal Revenue Service and is not in default, SEC. 526. (a) None of the funds made available
(2) determined, in consultation with NIST and or the assessment is the subject of a non-frivo- by this Act may be used for the National Aero-
the FBI, that the acquisition of such system is lous administrative or judicial proceeding. nautics and Space Administration (NASA), the
in the national interest of the United States; Office of Science and Technology Policy
(RESCISSIONS)
and (OSTP), or the National Space Council (NSC) to
(3) reported that determination to the Commit- SEC. 521. (a) Of the unobligated balances develop, design, plan, promulgate, implement, or
tees on Appropriations of the House of Rep- available under the heading ‘‘National Oceanic execute a bilateral policy, program, order, or
resentatives and the Senate and the agency In- and Atmospheric Administration, Fisheries En- contract of any kind to participate, collaborate,
spector General. forcement Asset Forfeiture Fund’’, $10,000,000 is or coordinate bilaterally in any way with China
SEC. 515. None of the funds made available in hereby permanently rescinded, not later than or any Chinese-owned company unless such ac-
this Act shall be used in any way whatsoever to September 30, 2021. tivities are specifically authorized by a law en-
(b) Of the unobligated balances available to acted after the date of enactment of this Act.
support or justify the use of torture by any offi-
the Department of Justice, the following funds (b) None of the funds made available by this
cial or contract employee of the United States
are hereby permanently rescinded, not later Act may be used to effectuate the hosting of of-
Government.
SEC. 516. None of the funds made available in than September 30, 2021, from the following ac- ficial Chinese visitors at facilities belonging to
this Act may be used to include in any new bi- counts in the specified amounts— or utilized by NASA.
(1) ‘‘Working Capital Fund’’, $75,000,000; (c) The limitations described in subsections (a)
lateral or multilateral trade agreement the text
(2) ‘‘State and Local Law Enforcement Activi- and (b) shall not apply to activities which
of—
ties, Office of Justice Programs’’, $70,000,000; NASA, OSTP, or NSC, after consultation with
(1) paragraph 2 of article 16.7 of the United
and the Federal Bureau of Investigation, have cer-
States–Singapore Free Trade Agreement;
(3) ‘‘State and Local Law Enforcement Activi- tified—
(2) paragraph 4 of article 17.9 of the United
ties, Community Oriented Policing Services’’, (1) pose no risk of resulting in the transfer of
States–Australia Free Trade Agreement; or
$15,000,000. technology, data, or other information with na-
(3) paragraph 4 of article 15.9 of the United
(c) The Departments of Commerce and Justice tional security or economic security implications
States–Morocco Free Trade Agreement.
shall submit to the Committees on Appropria- to China or a Chinese-owned company; and
SEC. 517. None of the funds made available in
tions of the House of Representatives and the (2) will not involve knowing interactions with
this Act may be used to authorize or issue a na-
Senate a report no later than September 1, 2021, officials who have been determined by the
tional security letter in contravention of any of
specifying the amount of each rescission made United States to have direct involvement with
the following laws authorizing the Federal Bu-
pursuant to subsections (a) and (b). violations of human rights.
reau of Investigation to issue national security
(d) The amounts rescinded in subsections (a) (d) Any certification made under subsection
letters: The Right to Financial Privacy Act of
and (b) shall not be from amounts that were (c) shall be submitted to the Committees on Ap-
1978; The Electronic Communications Privacy
designated by the Congress as an emergency or propriations of the House of Representatives
Act of 1986; The Fair Credit Reporting Act; The
disaster relief requirement pursuant to the con- and the Senate, and the Federal Bureau of In-
National Security Act of 1947; USA PATRIOT vestigation, no later than 30 days prior to the
current resolution on the budget or the Bal-
Act; USA FREEDOM Act of 2015; and the laws activity in question and shall include a descrip-
anced Budget and Emergency Deficit Control
amended by these Acts. tion of the purpose of the activity, its agenda,
Act of 1985.
SEC. 518. If at any time during any quarter, SEC. 522. None of the funds made available in its major participants, and its location and tim-
the program manager of a project within the ju- this Act may be used to purchase first class or ing.
risdiction of the Departments of Commerce or premium airline travel in contravention of sec- SEC. 527. (a) None of the funds made available
Justice, the National Aeronautics and Space Ad- tions 301–10.122 through 301–10.124 of title 41 of in this Act may be used to maintain or establish
ministration, or the National Science Founda- the Code of Federal Regulations. a computer network unless such network blocks
tion totaling more than $75,000,000 has reason- SEC. 523. None of the funds made available in the viewing, downloading, and exchanging of
able cause to believe that the total program cost this Act may be used to send or otherwise pay pornography.
has increased by 10 percent or more, the pro- for the attendance of more than 50 employees (b) Nothing in subsection (a) shall limit the
gram manager shall immediately inform the re- from a Federal department or agency, who are use of funds necessary for any Federal, State,
spective Secretary, Administrator, or Director. stationed in the United States, at any single tribal, or local law enforcement agency or any
The Secretary, Administrator, or Director shall conference occurring outside the United States other entity carrying out criminal investiga-
notify the House and Senate Committees on Ap- unless— tions, prosecution, adjudication, or other law
propriations within 30 days in writing of such (1) such conference is a law enforcement enforcement- or victim assistance-related activ-
increase, and shall include in such notice: the training or operational conference for law en- ity.
date on which such determination was made; a forcement personnel and the majority of Federal SEC. 528. The Departments of Commerce and
statement of the reasons for such increases; the employees in attendance are law enforcement Justice, the National Aeronautics and Space Ad-
action taken and proposed to be taken to control personnel stationed outside the United States; or ministration, the National Science Foundation,
future cost growth of the project; changes made (2) such conference is a scientific conference the Commission on Civil Rights, the Equal Em-
in the performance or schedule milestones and and the department or agency head determines ployment Opportunity Commission, the Inter-
the degree to which such changes have contrib- that such attendance is in the national interest national Trade Commission, the Legal Services
uted to the increase in total program costs or and notifies the Committees on Appropriations Corporation, the Marine Mammal Commission,
procurement costs; new estimates of the total of the House of Representatives and the Senate the Offices of Science and Technology Policy
project or procurement costs; and a statement within at least 15 days of that determination and the United States Trade Representative, the
validating that the project’s management struc- and the basis for that determination. National Space Council, and the State Justice
ture is adequate to control total project or pro- SEC. 524. The Director of the Office of Man- Institute shall submit spending plans, signed by
curement costs. agement and Budget shall instruct any depart- the respective department or agency head, to the
SEC. 519. Funds appropriated by this Act, or ment, agency, or instrumentality of the United Committees on Appropriations of the House of
made available by the transfer of funds in this States receiving funds appropriated under this Representatives and the Senate not later than
Act, for intelligence or intelligence related ac- Act to track undisbursed balances in expired 45 days after the date of enactment of this Act.
tivities are deemed to be specifically authorized grant accounts and include in its annual per- SEC. 529. Notwithstanding any other provision
by the Congress for purposes of section 504 of formance plan and performance and account- of this Act, none of the funds appropriated or
the National Security Act of 1947 (50 U.S.C. ability reports the following: otherwise made available by this Act may be
3094) during fiscal year 2021 until the enactment (1) Details on future action the department, used to pay award or incentive fees for con-
of the Intelligence Authorization Act for fiscal agency, or instrumentality will take to resolve tractor performance that has been judged to be
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year 2021. undisbursed balances in expired grant accounts. below satisfactory performance or for perform-
SEC. 520. None of the funds appropriated or (2) The method that the department, agency, ance that does not meet the basic requirements
otherwise made available by this Act may be or instrumentality uses to track undisbursed of a contract.
used to enter into a contract in an amount balances in expired grant accounts. SEC. 530. None of the funds made available by
greater than $5,000,000 or to award a grant in (3) Identification of undisbursed balances in this Act may be used in contravention of section
excess of such amount unless the prospective expired grant accounts that may be returned to 7606 (‘‘Legitimacy of Industrial Hemp Re-
contractor or grantee certifies in writing to the the Treasury of the United States. search’’) of the Agricultural Act of 2014 (Public
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4027
Law 113–79) by the Department of Justice or the SEC. 538. None of the funds made available in This Act may be cited as the ‘‘Commerce, Jus-
Drug Enforcement Administration. this Act may be used to implement the Attorney tice, Science, and Related Agencies Appropria-
SEC. 531. None of the funds made available General Memorandum dated November 7, 2018, tions Act, 2021’’.
under this Act to the Department of Justice may entitled ‘‘Principles and Procedures for Civil DIVISION C—ENERGY AND WATER DEVEL-
be used, with respect to any of the States of Ala- Consent Decrees and Settlement Agreements OPMENT AND RELATED AGENCIES AP-
bama, Alaska, Arizona, Arkansas, California, with State and Local Governmental Entities’’. PROPRIATIONS ACT, 2021
Colorado, Connecticut, Delaware, Florida, Geor- SEC. 539. None of the funds made available in That the following sums are appropriated, out
gia, Hawaii, Illinois, Indiana, Iowa, Kentucky, this Act may be used to carry out or support of any money in the Treasury not otherwise ap-
Louisiana, Maine, Maryland, Massachusetts, any law enforcement action taken to support or propriated, for the fiscal year ending September
Michigan, Minnesota, Mississippi, Missouri, control a crowd or public demonstration, by any 30, 2021, and for other purposes, namely:
Montana, Nevada, New Hampshire, New Jersey, individual employed by a Federal, State, or
TITLE I
New Mexico, New York, North Carolina, North local law enforcement agency unless such indi-
Dakota, Ohio, Oklahoma, Oregon, Pennsyl- vidual wears a clearly visible identification of CORPS OF ENGINEERS—CIVIL
vania, Rhode Island, South Carolina, Ten- the law enforcement agency that vests such in- DEPARTMENT OF THE ARMY
nessee, Texas, Utah, Vermont, Virginia, Wash- dividual with authority to carry out or support CORPS OF ENGINEERS—CIVIL
ington, West Virginia, Wisconsin, and Wyo- such action. The following appropriations shall be ex-
ming, or with respect to the District of Colum- SEC. 540. None of the funds made available in pended under the direction of the Secretary of
bia, the Commonwealth of the Northern Mar- this or any other Act (including prior Acts and the Army and the supervision of the Chief of
iana Islands, the United States Virgin Islands, Acts other than appropriations Acts) may be Engineers for authorized civil functions of the
Guam, or Puerto Rico, to prevent any of them used for the salaries or expenses of more than Department of the Army pertaining to river and
from implementing their own laws that author- five political and presidential appointees in the harbor, flood and storm damage reduction,
ize the use, distribution, possession, or cultiva- Bureau of the Census. shore protection, aquatic ecosystem restoration,
tion of medical marijuana. SEC. 541. None of the funds made available in and related efforts.
SEC. 532. The Department of Commerce, the this Act may be used to pay any cost to enable INVESTIGATIONS
National Aeronautics and Space Administra- the Attorney General of the United States to
For expenses necessary where authorized by
tion, and the National Science Foundation shall travel more than 50 miles from the Robert F.
law for the collection and study of basic infor-
provide a quarterly report to the Committees on Kennedy Department of Justice Building in the
mation pertaining to river and harbor, flood and
Appropriations of the House of Representatives District of Columbia.
SEC. 542. Section 510 of division B of Public storm damage reduction, shore protection,
and the Senate on any official travel to China
Law 116–93 is amended— aquatic ecosystem restoration, and related
by any employee of such Department or agency,
(a) by inserting ‘‘crime victim-related’’ after needs; for surveys and detailed studies, and
including the purpose of such travel.
SEC. 533. Of the amounts made available by ‘‘expended for’’; and plans and specifications of proposed river and
this Act, not less than 10 percent of each total (b) by striking ‘‘associated with this section’’. harbor, flood and storm damage reduction,
amount provided, respectively, for Public Works SEC. 543. None of the funds appropriated or shore protection, and aquatic ecosystem restora-
grants authorized by the Public Works and Eco- otherwise made available by this Act, or by any tion projects, and related efforts prior to con-
nomic Development Act of 1965 and grants au- other Act making appropriations or any other struction; for restudy of authorized projects;
thorized by section 27 of the Stevenson-Wydler funds available, to the Department of Justice for and for miscellaneous investigations, and, when
Technology Innovation Act of 1980 (15 U.S.C. any fiscal year may be made available for the authorized by law, surveys and detailed studies,
3722) shall be allocated for assistance in per- salary or expenses of any Federal employee (in- and plans and specifications of projects prior to
sistent poverty counties: Provided, That for pur- cluding any contract or subcontract employee) construction, $151,000,000, to remain available
poses of this section, the term ‘‘persistent pov- who is responding, pursuant to any Federal au- until expended: Provided, That the Secretary
erty counties’’ means any county that has had thority, to a mass gathering or public protest in shall initiate seven new study starts during fis-
20 percent or more of its population living in any area under the jurisdiction of a State, local, cal year 2021: Provided further, That the Sec-
poverty over the past 30 years, as measured by Tribal, or territorial government unless— retary shall not deviate from the new starts pro-
the 1990 and 2000 decennial censuses and the (1) such employee wears a uniform that clear- posed in the work plan, once the plan has been
most recent Small Area Income and Poverty Es- ly identifies the Federal agency affiliation of submitted to the Committees on Appropriations
timates, or any territory or possession of the the employee; of both Houses of Congress.
United States. (2) if the employee is responding in a civilian CONSTRUCTION
SEC. 534. In determining the formulation and capacity, wears clothing that is not similar to a For expenses necessary for the construction of
development costs of the James Webb Space Tel- combat-style uniform worn by a member of the river and harbor, flood and storm damage re-
escope for purposes of section 536 of the Com- United States Armed Forces; duction, shore protection, aquatic ecosystem res-
merce, Justice, Science, and Related Agencies (3) any vehicle used by such employee in the toration, and related projects authorized by law;
Appropriations Act, 2020 (division B of Public course of performing official functions identifies for conducting detailed studies, and plans and
Law 116–93), such costs shall not be considered the Federal agency affiliation of the employee; specifications, of such projects (including those
to include any costs directly related to pre- (4) the Department of Justice publishes a no- involving participation by States, local govern-
venting, preparing for, and responding to the tice on its public-facing website that includes ments, or private groups) authorized or made el-
impacts of a global pandemic health crisis. the total numbers and agency affiliations of em- igible for selection by law (but such detailed
SEC. 535. None of the funds made available by ployees, contractors, or subcontractors respond- studies, and plans and specifications, shall not
this Act may be used by the Bureau of the Cen- ing to a mass gathering or public protest, the constitute a commitment of the Government to
sus to use information or records received specific legal authority under which they are construction); $2,619,855,000, to remain available
through data sharing agreements in contraven- acting, and a precise statement of their mission; until expended; of which such sums as are nec-
tion of existing law, including sections 9 and 214 (5) a policy is in force at the employee’s agen- essary to cover the Federal share of construction
of title 13, United States Code. cy that prohibits the use, at a mass gathering or costs for facilities under the Dredged Material
SEC. 536. None of the funds made available by public protest, of deadly force or less-lethal Disposal Facilities program shall be derived
this Act may be used to relocate the Bureau of force, including but not limited to rubber bullets from the Harbor Maintenance Trust Fund as
Alcohol, Tobacco, Firearms and Explosives and similar projectiles, stun grenades, flash authorized by Public Law 104–303; and of which
(ATF) Canine Training Center or the ATF Na- bangs, and tear gas, unless the employee has a such sums as are necessary to cover one-half of
tional Canine Division. reasonable belief that the subject of such force the costs of construction, replacement, rehabili-
SEC. 537. (a) None of the funds made available poses an imminent threat of death or serious tation, and expansion of inland waterways
to the Bureau of the Census in this Act or any bodily injury to the employee or to another per- projects shall be derived from the Inland Water-
other Act may be used to compile or produce any son; ways Trust Fund, except as otherwise specifi-
data product or tabulation as part of, in com- (6) a policy is in force at the employee’s agen- cally provided for in law.
bination with, or in connection with, the 2020 cy that prohibits conducting surveillance of, or
MISSISSIPPI RIVER AND TRIBUTARIES
decennial census of population or any such cen- collecting intelligence on, persons present at a
sus data produced pursuant to section 141(c) of mass gathering or public protest, unless such For expenses necessary for flood damage re-
title 13, United States Code, that is based in persons are the subject of a predicated criminal duction projects and related efforts in the Mis-
whole or in part on data that is not collected in investigation based on a reasonable suspicion sissippi River alluvial valley below Cape
such census. that they are engaged in or preparing to engage Girardeau, Missouri, as authorized by law,
(b) The limitation in subsection (a) shall not in criminal activity; and $365,000,000, to remain available until expended,
apply to any data product or tabulation that is (7) the Department of Justice maintains a of which such sums as are necessary to cover
required by sections 141(b) or (c) of such title, complete record of any law enforcement activi- the Federal share of eligible operation and
maintenance costs for inland harbors shall be
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that uses the same or substantially similar meth- ties conducted in connection with the mass
odology and data sources as a decennial census gathering or public protest, including any ar- derived from the Harbor Maintenance Trust
data product produced by the Bureau of the rests, detentions, searches, seizures, or uses of Fund.
Census before January 1, 2019, or that uses a force, and those records are provided to Con- OPERATION AND MAINTENANCE
methodology and data sources that the Bureau gress at 48-hour intervals following the initial For expenses necessary for the operation,
of the Census finalized and made public prior to deployment of employees to the mass gathering maintenance, and care of existing river and har-
January 1, 2018. or protest. bor, flood and storm damage reduction, aquatic
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H4028 CONGRESSIONAL RECORD — HOUSE July 30, 2020
ecosystem restoration, and related projects au- and Coastal Emergencies appropriation may be the Federal Water Pollution Control Act (33
thorized by law; providing security for infra- used to fund the supervision and general admin- U.S.C. 1341): Provided, That until an open lake
structure owned or operated by the Corps, in- istration of emergency operations, repairs, and placement alternative for dredged material is
cluding administrative buildings and labora- other activities in response to any flood, hurri- approved under a State water quality certifi-
tories; maintaining harbor channels provided by cane, or other natural disaster. cation, the Corps of Engineers shall continue
a State, municipality, or other public agency OFFICE OF THE ASSISTANT SECRETARY OF THE upland placement of such dredged material con-
that serve essential navigation needs of general ARMY FOR CIVIL WORKS sistent with the requirements of section 101 of
commerce, where authorized by law; surveying the Water Resources Development Act of 1986
For the Office of the Assistant Secretary of
and charting northern and northwestern lakes (33 U.S.C. 2211).
the Army for Civil Works as authorized by 10
and connecting waters; clearing and straight- SEC. 105. None of the funds made available by
U.S.C. 3016(b)(3), $5,000,000, to remain available
ening channels; and removing obstructions to this Act may be used to carry out any water
until September 30, 2022: Provided, That not
navigation, $3,838,000,000, to remain available supply reallocation study under the Wolf Creek
more than 25 percent of such amount may be ob-
until expended, of which such sums as are nec- Dam, Lake Cumberland, Kentucky, project au-
ligated or expended until the Assistant Sec-
essary to cover the Federal share of eligible op- thorized under the Act of July 24, 1946 (60 Stat.
retary submits to the Committees on Appropria-
eration and maintenance costs for coastal har- 636, ch. 595).
tions of both Houses of Congress a work plan
bors and channels, and for inland harbors shall SEC. 106. None of the funds made available by
that allocates at least 95 percent of the addi-
be derived from the Harbor Maintenance Trust this Act or any other Act may be used to reorga-
tional funding provided under each heading in
Fund; of which such sums as become available nize or to transfer the Civil Works functions or
this title, as designated under such heading in
from the special account for the Corps of Engi- authority of the Corps of Engineers or the Sec-
the report of the Committee on Appropriations
neers established by the Land and Water Con- retary of the Army to another department or
accompanying this Act, to specific programs,
servation Fund Act of 1965 shall be derived from agency.
projects, or activities.
that account for resource protection, research,
GENERAL PROVISIONS—CORPS OF SEC. 107. Additional funding provided in this
interpretation, and maintenance activities re-
ENGINEERS—CIVIL Act shall be allocated only to projects deter-
lated to resource protection in the areas at
mined to be eligible by the Chief of Engineers.
which outdoor recreation is available; and of (INCLUDING TRANSFER OF FUNDS)
which such sums as become available from fees SEC. 108. Notwithstanding any other provision
SEC. 101. (a) None of the funds provided in of law, none of the funds appropriated or other-
collected under section 217 of Public Law 104– this title shall be available for obligation or ex-
303 shall be used to cover the cost of operation wise made available by this Act or any prior ap-
penditure through a reprogramming of funds propriations Acts for the Civil Works Program of
and maintenance of the dredged material dis- that—
posal facilities for which such fees have been the United States Army Corps of Engineers may
(1) creates or initiates a new program, project, be committed, obligated, expended, or otherwise
collected: Provided, That 1 percent of the total or activity;
amount of funds provided for each of the pro- used to design or construct a wall, fence, border
(2) eliminates a program, project, or activity; barriers, or border security infrastructure along
grams, projects, or activities funded under this (3) increases funds or personnel for any pro-
heading shall not be allocated to a field oper- the southern border of the United States.
gram, project, or activity for which funds have
ating activity prior to the beginning of the SEC. 109. None of the funds made available by
been denied or restricted by this Act;
fourth quarter of the fiscal year and shall be this Act may be used to issue a permit under sec-
(4) reduces funds that are directed to be used
available for use by the Chief of Engineers to tion 404 of the Federal Water Pollution Control
for a specific program, project, or activity by
fund such emergency activities as the Chief of Act to a private entity or individual for the dis-
this Act;
Engineers determines to be necessary and appro- charge of dredged or fill material from a project
(5) increases funds for any program, project,
priate, and that the Chief of Engineers shall al- located within Water Conservation Areas 1, 2A,
or activity by more than $2,000,000 or 10 percent,
locate during the fourth quarter any remaining 2B, 3A, or 3B in the State of Florida, unless dis-
whichever is less; or
funds which have not been used for emergency charge is from a project that is generally avail-
(6) reduces funds for any program, project, or
activities proportionally in accordance with the able for the general public’s or Tribe’s use and
activity by more than $2,000,000 or 10 percent,
amounts provided for the programs, projects, or benefit and serve a public purpose, which may
whichever is less.
activities. include Tribal communities.
(b) Subsection (a)(1) shall not apply to any
REGULATORY PROGRAM project or activity authorized under section 205 SEC. 110. (a) When allocating the additional
For expenses necessary for administration of of the Flood Control Act of 1948, section 14 of funding provided in this title under the head-
laws pertaining to regulation of navigable the Flood Control Act of 1946, section 208 of the ings ‘‘Construction’’ and ‘‘Mississippi River and
waters and wetlands, $205,000,000, to remain Flood Control Act of 1954, section 107 of the Tributaries’’, the Secretary shall initiate a total
available until September 30, 2022. River and Harbor Act of 1960, section 103 of the of seven new construction starts during fiscal
River and Harbor Act of 1962, section 111 of the year 2021.
FORMERLY UTILIZED SITES REMEDIAL ACTION
PROGRAM River and Harbor Act of 1968, section 1135 of the (b) For new construction projects, project cost
Water Resources Development Act of 1986, sec- sharing agreements shall be executed as soon as
For expenses necessary to clean up contami-
tion 206 of the Water Resources Development practicable but no later than September 30, 2021.
nation from sites in the United States resulting
from work performed as part of the Nation’s Act of 1996, or section 204 of the Water Re- (c) No allocation for a new start shall be con-
early atomic energy program, $210,000,000, to re- sources Development Act of 1992. sidered final and no work allowance shall be
main available until expended. (c) The Corps of Engineers shall submit re- made until the Secretary provides to the Com-
ports on a quarterly basis directly to the Com- mittees on Appropriations of both Houses of
FLOOD CONTROL AND COASTAL EMERGENCIES
mittees on Appropriations of both Houses of Congress an out-year funding scenario dem-
For expenses necessary to prepare for flood, Congress detailing all the funds reprogrammed onstrating the affordability of the selected new
hurricane, and other natural disasters and sup- between programs, projects, activities, or cat- starts and the impacts on other projects.
port emergency operations, repairs, and other egories of funding. The first quarterly report (d) The Secretary shall not deviate from the
activities in response to such disasters as au- shall be submitted not later than 60 days after new starts proposed in the work plan, once the
thorized by law, $35,000,000, to remain available the date of enactment of this Act. plan has been submitted to the Committees on
until expended. SEC. 102. None of the funds made available in Appropriations of both Houses of Congress.
EXPENSES this title may be used to award or modify any
TITLE II
For expenses necessary for the supervision contract that commits funds beyond the
and general administration of the civil works amounts appropriated for that program, project, DEPARTMENT OF THE INTERIOR
program in the headquarters of the Corps of En- or activity that remain unobligated, except that CENTRAL UTAH PROJECT
gineers and the offices of the Division Engi- such amounts may include any funds that have
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
neers; and for costs of management and oper- been made available through reprogramming
ation of the Humphreys Engineer Center Sup- pursuant to section 101. For carrying out activities authorized by the
port Activity, the Institute for Water Resources, SEC. 103. The Secretary of the Army may Central Utah Project Completion Act,
the United States Army Engineer Research and transfer to the Fish and Wildlife Service, and $20,000,000, to remain available until expended,
Development Center, and the United States the Fish and Wildlife Service may accept and of which $1,800,000 shall be deposited into the
Army Corps of Engineers Finance Center allo- expend, up to $5,400,000 of funds provided in Utah Reclamation Mitigation and Conservation
cable to the civil works program, $200,000,000, to this title under the heading ‘‘Operation and Account for use by the Utah Reclamation Miti-
remain available until September 30, 2022, of Maintenance’’ to mitigate for fisheries lost due gation and Conservation Commission: Provided,
which not to exceed $5,000 may be used for offi- to Corps of Engineers projects. That of the amount provided under this head-
cial reception and representation purposes and SEC. 104. None of the funds in this Act shall ing, $1,500,000 shall be available until September
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only during the current fiscal year: Provided, be used for an open lake placement alternative 30, 2022, for expenses necessary in carrying out
That no part of any other appropriation pro- for dredged material, after evaluating the least related responsibilities of the Secretary of the
vided in this title shall be available to fund the costly, environmentally acceptable manner for Interior: Provided further, That for fiscal year
civil works activities of the Office of the Chief of the disposal or management of dredged material 2021, of the amount made available to the Com-
Engineers or the civil works executive direction originating from Lake Erie or tributaries there- mission under this Act or any other Act, the
and management activities of the division of- to, unless it is approved under a State water Commission may use an amount not to exceed
fices: Provided further, That any Flood Control quality certification pursuant to section 401 of $1,500,000 for administrative expenses.
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4029
BUREAU OF RECLAMATION ing of water for in-stream purposes if the water mittees on Appropriations of both Houses of
The following appropriations shall be ex- is already committed to in-stream purposes by a Congress detailing all the funds reprogrammed
pended to execute authorized functions of the court adopted decree or order. between programs, projects, activities, or cat-
Bureau of Reclamation: CALIFORNIA BAY-DELTA RESTORATION egories of funding. The first quarterly report
WATER AND RELATED RESOURCES
shall be submitted not later than 60 days after
(INCLUDING TRANSFERS OF FUNDS)
the date of enactment of this Act.
(INCLUDING TRANSFERS OF FUNDS) For carrying out activities authorized by the SEC. 202. (a) None of the funds appropriated
For management, development, and restora- Water Supply, Reliability, and Environmental or otherwise made available by this Act may be
tion of water and related natural resources and Improvement Act, consistent with plans to be used to determine the final point of discharge
for related activities, including the operation, approved by the Secretary of the Interior, for the interceptor drain for the San Luis Unit
maintenance, and rehabilitation of reclamation $33,000,000, to remain available until expended, until development by the Secretary of the Inte-
and other facilities, participation in fulfilling of which such amounts as may be necessary to rior and the State of California of a plan, which
related Federal responsibilities to Native Ameri- carry out such activities may be transferred to shall conform to the water quality standards of
cans, and related grants to, and cooperative and appropriate accounts of other participating Fed- the State of California as approved by the Ad-
other agreements with, State and local govern- eral agencies to carry out authorized purposes: ministrator of the Environmental Protection
ments, federally recognized Indian tribes, and Provided, That funds appropriated herein may Agency, to minimize any detrimental effect of
others, $1,487,000,000, to remain available until be used for the Federal share of the costs of the San Luis drainage waters.
expended, of which $58,476,000 shall be available CALFED Program management: Provided fur- (b) The costs of the Kesterson Reservoir
for transfer to the Upper Colorado River Basin ther, That CALFED implementation shall be Cleanup Program and the costs of the San Joa-
Fund and $5,584,000 shall be available for trans- carried out in a balanced manner with clear quin Valley Drainage Program shall be classi-
fer to the Lower Colorado River Basin Develop- performance measures demonstrating concurrent fied by the Secretary of the Interior as reimburs-
ment Fund; of which such amounts as may be progress in achieving the goals and objectives of able or nonreimbursable and collected until
necessary may be advanced to the Colorado the Program. fully repaid pursuant to the ‘‘Cleanup Pro-
River Dam Fund: Provided, That $25,882,000 POLICY AND ADMINISTRATION gram—Alternative Repayment Plan’’ and the
shall be available for transfer into the Blackfeet For expenses necessary for policy, administra- ‘‘SJVDP—Alternative Repayment Plan’’ de-
Water Settlement Implementation Fund estab- tion, and related functions in the Office of the scribed in the report entitled ‘‘Repayment Re-
lished by section 3717 of Public Law 114–322: Commissioner, the Denver office, and offices in port, Kesterson Reservoir Cleanup Program and
Provided further, That such transfers may be the six regions of the Bureau of Reclamation, to San Joaquin Valley Drainage Program, Feb-
increased or decreased within the overall appro- remain available until September 30, 2022, ruary 1995’’, prepared by the Department of the
priation under this heading: Provided further, $60,000,000, to be derived from the Reclamation Interior, Bureau of Reclamation. Any future ob-
That of the total appropriated, the amount for Fund and be nonreimbursable as provided in 43 ligations of funds by the United States relating
program activities that can be financed by the U.S.C. 377: Provided, That no part of any other to, or providing for, drainage service or drain-
Reclamation Fund or the Bureau of Reclama- appropriation in this Act shall be available for age studies for the San Luis Unit shall be fully
tion special fee account established by 16 U.S.C. activities or functions budgeted as policy and reimbursable by San Luis Unit beneficiaries of
6806 shall be derived from that Fund or account: administration expenses. such service or studies pursuant to Federal rec-
Provided further, That funds contributed under lamation law.
43 U.S.C. 395 are available until expended for ADMINISTRATIVE PROVISION
SEC. 203. Section 9504(e) of the Omnibus Pub-
the purposes for which the funds were contrib- Appropriations for the Bureau of Reclamation lic Land Management Act of 2009 (Public Law
uted: Provided further, That funds advanced shall be available for purchase of not to exceed 111–11; 42 U.S.C. 10364(e)) is amended by strik-
under 43 U.S.C. 397a shall be credited to this ac- five passenger motor vehicles, which are for re- ing ‘‘$530,000,000’’ and inserting ‘‘$600,000,000’’.
count and are available until expended for the placement only. SEC. 204. Title I of the CALFED Bay-Delta
same purposes as the sums appropriated under GENERAL PROVISIONS—DEPARTMENT OF Authorization Act (Public Law 108–361; 118 Stat.
this heading: Provided further, That of the THE INTERIOR 1681), as amended by section 4007(k) of Public
amounts provided herein, funds may be used for SEC. 201. (a) None of the funds provided in Law 114–322, is amended by striking ‘‘2020’’
high-priority projects which shall be carried out this title shall be available for obligation or ex- each place it appears and inserting ‘‘2021’’.
by the Youth Conservation Corps, as authorized penditure through a reprogramming of funds SEC. 205. Section 9106(g)(2) of the Omnibus
by 16 U.S.C. 1706. Provided further, That in ac- that— Public Land Management Act of 2009 (Public
cordance with section 4007 of Public Law 114– (1) creates or initiates a new program, project, Law 111–11; 123 Stat. 1309) is amended by strik-
322, and as recommended by the Secretary of the or activity; ing ‘‘2020’’ and inserting ‘‘2021’’.
Interior in a letter dated June 22, 2020, funding (2) eliminates a program, project, or activity; SEC. 206. Section 6002(g)(4) of the Omnibus
provided for such purposes in fiscal years 2017, (3) increases funds for any program, project, Public Land Management Act of 2009 (Public
2018, and 2019 may be made available to the or activity for which funds have been denied or Law 111–11; 16 U.S.C. 1015(a)) is amended by
Friant-Kern Canal Capacity Correction Result- restricted by this Act; striking ‘‘2020’’ and inserting ‘‘2021’’.
ing from Subsidence, the Los Vaqueros Reservoir (4) restarts or resumes any program, project, SEC. 207. (a) Section 104(c) of the Reclamation
Phase 2 Expansion Project, the Delta Mendota or activity for which funds are not provided in States Emergency Drought Relief Act of 1991
Canal Subsidence Correction, the North-of-the- this Act, unless prior approval is received from (Public Law 102–250; 43 U.S.C. 2214(c)) is
Delta Off stream Storage (Sites Reservoir the Committees on Appropriations of both amended by striking ‘‘2020’’ and inserting
Project), the Del Puerto Water District, the San Houses of Congress; ‘‘2021’’.
Luis Low point Improvement Project, the Sac- (5) transfers funds in excess of the following (b) Section 301 of the Reclamation States
ramento Regional Water Bank, the Boise River limits— Emergency Drought Relief Act of 1991 (Public
Feasibility Study, and the Cle Elum Pool Raise: (A) 15 percent for any program, project, or ac- Law 102–250; 43 U.S.C. 2241) is amended by
Provided further, That no funds may be obli- tivity for which $2,000,000 or more is available at striking ‘‘2020’’ and inserting ‘‘2021’’.
gated or expended for the projects specified in the beginning of the fiscal year; or SEC. 208. Title VI of the Claims Resolution Act
the preceding proviso until the Secretary of the (B) $400,000 for any program, project, or activ- (Public Law 111–291; 42 U.S.C. 1305 note) is
Interior transmits recommendations to Congress ity for which less than $2,000,000 is available at amended—
for projects authorized under sections 4009(a) the beginning of the fiscal year; (1) in section 602 by adding at the end— ‘‘The
and 4009(c) of the Water Infrastructure Im- (6) transfers more than $500,000 from either term ‘611(g) Agreement’ means the agreement
provements for the Nation Act (Public Law 114– the Facilities Operation, Maintenance, and Re- dated September 17, 2019, executed by the United
322) and the Congress enacts a subsequent ap- habilitation category or the Resources Manage- States, the State, the Pueblos, the County, and
propriations act making appropriations for en- ment and Development category to any pro- the City pursuant to section 611(g).’’.
ergy and water development. gram, project, or activity in the other category; ‘‘(24) 611(G) AGREEMENT.—The term ‘611(g)
CENTRAL VALLEY PROJECT RESTORATION FUND or Agreement’ means the agreement dated Sep-
For carrying out the programs, projects, (7) transfers, where necessary to discharge tember 17, 2019, executed by the United States,
plans, habitat restoration, improvement, and ac- legal obligations of the Bureau of Reclamation, the State, the Pueblos, the County, and the City
quisition provisions of the Central Valley more than $5,000,000 to provide adequate funds pursuant to section 611(g).’’.
Project Improvement Act, $55,875,000, to be de- for settled contractor claims, increased con- (2) in section 611(f)—
rived from such sums as may be collected in the tractor earnings due to accelerated rates of op- (A) in subparagraph (1)(A) by striking
Central Valley Project Restoration Fund pursu- erations, and real estate deficiency judgments. ‘‘$106,400,000’’ and inserting ‘‘$243,400,000’’;
ant to sections 3407(d), 3404(c)(3), and 3405(f) of (b) Subsection (a)(5) shall not apply to any (B) by amending subparagraph (B) of para-
Public Law 102–575, to remain available until transfer of funds within the Facilities Oper- graph (1) to read as follows:
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expended: Provided, That the Bureau of Rec- ation, Maintenance, and Rehabilitation cat- ‘‘(B) EXCEPTION.—Of the amount described
lamation is directed to assess and collect the full egory. in subparagraph (A)— (i) the initial $106,400,000
amount of the additional mitigation and res- (c) For purposes of this section, the term shall be increased or decreased, as appropriate,
toration payments authorized by section 3407(d) ‘‘transfer’’ means any movement of funds into based on ordinary fluctuations in construction
of Public Law 102–575: Provided further, That or out of a program, project, or activity. costs since October 1, 2006, as determined using
none of the funds made available under this (d) The Bureau of Reclamation shall submit applicable engineering cost indices; and (ii) any
heading may be used for the acquisition or leas- reports on a quarterly basis directly to the Com- amounts made available in excess of the amount
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H4030 CONGRESSIONAL RECORD — HOUSE July 30, 2020
described in clause (i) shall be increased or de- scinded from amounts that were designated by essary expenses pursuant to the Energy Policy
creased, as appropriate, based on ordinary fluc- the Congress as an emergency requirement pur- and Conservation Act of 1975, as amended (42
tuations in construction costs since October 1, suant to a Concurrent Resolution on the Budget U.S.C. 6201 et seq.), sections 403 and 404 of the
2018, as determined using applicable engineering or the Balanced Budget and Emergency Deficit Bipartisan Budget Act of 2015 (42 U.S.C. 6241,
cost indices.’’; and Control Act of 1985. 6239 note), and section 5010 of the 21st Century
(C) in paragraph (3), by inserting ‘‘and the CYBERSECURITY, ENERGY SECURITY, AND Cures Act (Public Law 114–255), $7,500,000, to re-
611(g) Agreement’’ after ‘‘the Cost-Sharing and EMERGENCY RESPONSE main available until expended.
System Integration Agreement’’; For Department of Energy expenses including NORTHEAST HOME HEATING OIL RESERVE
(3) in section 617(a)(1)(B)— the purchase, construction, and acquisition of For Department of Energy expenses necessary
(A) by striking ‘‘$50,000,000’’ and inserting plant and capital equipment, and other ex- for Northeast Home Heating Oil Reserve storage,
‘‘$187,000,000’’; and penses necessary for energy sector cybersecurity, operation, and management activities pursuant
(B) by striking ‘‘2024’’ and inserting ‘‘2028’’; energy security, and emergency response activi- to the Energy Policy and Conservation Act (42
(4) in section 617(a)(4) by striking ‘‘since Octo- ties in carrying out the purposes of the Depart- U.S.C. 6201 et seq.), $10,000,000, to remain avail-
ber 1, 2006, as determined using applicable engi- ment of Energy Organization Act (42 U.S.C. 7101 able until expended.
neering cost indices’’ and inserting ‘‘pursuant et seq.), including the acquisition or condemna-
to section 611(f)(1)(B)’’; ENERGY INFORMATION ADMINISTRATION
tion of any real property or any facility or for
(5) in section 621 by striking subsection (a) plant or facility acquisition, construction, or ex- For Department of Energy expenses necessary
and inserting the following: pansion, $160,000,000, to remain available until in carrying out the activities of the Energy In-
‘‘(a) APPROVAL.—To the extent the Settle- expended: Provided, That of such amount, formation Administration, $126,800,000, to re-
ment Agreement, the Cost-Sharing and System $13,000,000 shall be available until September 30, main available until expended.
Integration Agreement, and the 611(g) Agree- 2022, for program direction. NON-DEFENSE ENVIRONMENTAL CLEANUP
ment do not conflict with this title, the Settle- ELECTRICITY For Department of Energy expenses, including
ment Agreement, the Cost-Sharing and System the purchase, construction, and acquisition of
For Department of Energy expenses including
Integration Agreement, and the 611(g) Agree- plant and capital equipment and other expenses
the purchase, construction, and acquisition of
ment (including any amendments to the Settle- plant and capital equipment, and other ex- necessary for non-defense environmental clean-
ment Agreement, the Cost Sharing and System penses necessary for electricity delivery activi- up activities in carrying out the purposes of the
Integration Agreement, and the 611(g) Agree- ties in carrying out the purposes of the Depart- Department of Energy Organization Act (42
ment that are executed to make the Settlement ment of Energy Organization Act (42 U.S.C. 7101 U.S.C. 7101 et seq.), including the acquisition or
Agreement, the Cost-Sharing and System Inte- et seq.), including the acquisition or condemna- condemnation of any real property or any facil-
gration Agreement, or the 611(g) Agreement con- tion of any real property or any facility or for ity or for plant or facility acquisition, construc-
sistent with this title) are authorized, ratified, plant or facility acquisition, construction, or ex- tion, or expansion, $315,000,000, to remain avail-
and confirmed.’’; and pansion, $195,000,000, to remain available until able until expended: Provided, That in addition,
(6) in section 623(e)— expended: Provided, That of such amount, fees collected pursuant to subsection (b)(1) of
(A) in paragraph (2)— $18,850,000 shall be available until September 30, section 6939f of title 42, United States Code, and
(i) by striking ‘‘2021’’ and inserting ‘‘2025’’; 2022, for program direction. deposited under this heading in fiscal year 2021
(ii) by striking ‘‘2024’’ and inserting ‘‘2028’’;
NUCLEAR ENERGY pursuant to section 309 of title III of division C
(B) in paragraph (3), in the matter preceding
For Department of Energy expenses including of the Further Consolidated Appropriations Act,
subparagraph (A), by striking ‘‘2021’’ and in-
the purchase, construction, and acquisition of 2020 (Public Law 116–94) are appropriated, to re-
serting ‘‘2025’’;
plant and capital equipment, and other ex- main available until expended, for mercury stor-
(C) in paragraph (4)(B)(ii)(II), by striking
penses necessary for nuclear energy activities in age costs.
‘‘2023’’ and inserting ‘‘2027’’;
(D) in paragraph (5)(A), by striking ‘‘2024’’ carrying out the purposes of the Department of URANIUM ENRICHMENT DECONTAMINATION AND
and inserting ‘‘2028’’. Energy Organization Act (42 U.S.C. 7101 et DECOMMISSIONING FUND
SEC. 209. None of the funds provided in this seq.), including the acquisition or condemnation For Department of Energy expenses necessary
Act may be used for the Shasta Dam and Res- of any real property or any facility or for plant in carrying out uranium enrichment facility de-
ervoir Enlargement Project. or facility acquisition, construction, or expan- contamination and decommissioning, remedial
SEC. 210. Section 10501 of the Omnibus Public sion, $1,435,800,000, to remain available until ex- actions, and other activities of title II of the
Land Management Act of 2009 (Public Law 111– pended: Provided, That of such amount, Atomic Energy Act of 1954, and title X, subtitle
11; 43 U.S.C. 407) is amended— $79,000,000 shall be available until September 30, A, of the Energy Policy Act of 1992, $821,583,000,
(1) in subsection (b)(1), by striking ‘‘For each 2022, for program direction.
to be derived from the Uranium Enrichment De-
of fiscal years 2020 through 2029’’ and inserting FOSSIL ENERGY RESEARCH AND DEVELOPMENT contamination and Decommissioning Fund, to
‘‘For fiscal year 2020 and each fiscal year there- For Department of Energy expenses necessary remain available until expended, of which
after’’; in carrying out fossil energy research and devel- $21,284,000 shall be available in accordance with
(2) in subsection (c)— opment activities, under the authority of the title X, subtitle A, of the Energy Policy Act of
(A) in paragraph (1)(A), by striking ‘‘for each Department of Energy Organization Act (42 1992.
of fiscal years 2020 through 2034’’ and inserting U.S.C. 7101 et seq.), including the acquisition of
SCIENCE
‘‘for fiscal year 2020 and each fiscal year there- interest, including defeasible and equitable in-
terests in any real property or any facility or for For Department of Energy expenses including
after’’; and
plant or facility acquisition or expansion, and the purchase, construction, and acquisition of
(B) in paragraph (3)(C), by striking ‘‘for any
for conducting inquiries, technological inves- plant and capital equipment, and other ex-
authorized use’’ and all that follows through
tigations and research concerning the extrac- penses necessary for science activities in car-
the period at the end and inserting ‘‘for any use
tion, processing, use, and disposal of mineral rying out the purposes of the Department of En-
authorized under paragraph (2).’’; and
substances without objectionable social and en- ergy Organization Act (42 U.S.C. 7101 et seq.),
(3) by striking subsection (f).
vironmental costs (30 U.S.C. 3, 1602, and 1603), including the acquisition or condemnation of
TITLE III any real property or any facility or for plant or
$727,500,000, to remain available until expended:
DEPARTMENT OF ENERGY Provided, That of such amount $62,115,000 shall facility acquisition, construction, or expansion,
ENERGY PROGRAMS be available until September 30, 2022, for pro- and purchase of not more than 35 passenger
gram direction. motor vehicles for replacement only,
ENERGY EFFICIENCY AND RENEWABLE ENERGY
NAVAL PETROLEUM AND OIL SHALE RESERVES $7,050,000,000, to remain available until ex-
(INCLUDING RESCISSIONS OF FUNDS) pended: Provided, That of such amount,
For Department of Energy expenses necessary
For Department of Energy expenses including $188,000,000 shall be available until September
to carry out naval petroleum and oil shale re-
the purchase, construction, and acquisition of 30, 2022, for program direction.
serve activities, $13,006,000, to remain available
plant and capital equipment, and other ex- NUCLEAR WASTE DISPOSAL
until expended: Provided, That notwithstanding
penses necessary for energy efficiency and re-
any other provision of law, unobligated funds For Department of Energy expenses necessary
newable energy activities in carrying out the
remaining from prior years shall be available for for nuclear waste disposal activities to carry out
purposes of the Department of Energy Organi-
all naval petroleum and oil shale reserve activi- the purposes of the Nuclear Waste Policy Act of
zation Act (42 U.S.C. 7101 et seq.), including the ties. 1982, Public Law 97–425, as amended, including
acquisition or condemnation of any real prop-
STRATEGIC PETROLEUM RESERVE interim storage activities, $27,500,000, to remain
erty or any facility or for plant or facility acqui-
For Department of Energy expenses necessary available until expended, of which $7,500,000
sition, construction, or expansion,
for Strategic Petroleum Reserve facility develop- shall be derived from the Nuclear Waste Fund.
$2,850,240,000, to remain available until ex-
ment and operations and program management ADVANCED RESEARCH PROJECTS AGENCY—
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pended: Provided, That of such amount,
$165,000,000 shall be available until September activities pursuant to the Energy Policy and ENERGY
30, 2022, for program direction: Provided fur- Conservation Act (42 U.S.C. 6201 et seq.), For Department of Energy expenses necessary
ther, That $806,831 from Public Law 111–8 and $195,000,000, to remain available until expended. in carrying out the activities authorized by sec-
$1,433,462 from Public Law 111–85 provided SPR PETROLEUM ACCOUNT tion 5012 of the America COMPETES Act (Pub-
under this heading are hereby rescinded: Pro- For the acquisition, transportation, and injec- lic Law 110–69), $435,000,000, to remain available
vided further, That no amounts may be re- tion of petroleum products, and for other nec- until expended: Provided, That of such amount,
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4031
$37,000,000 shall be available until September 30, this account, as authorized by section 201 of available until expended: Provided, That of
2022, for program direction. Public Law 95–238, notwithstanding the provi- such amount, $282,093,000 shall be available
TITLE 17 INNOVATIVE TECHNOLOGY LOAN sions of 31 U.S.C. 3302: Provided further, That until September 30, 2022, for program direction.
GUARANTEE PROGRAM the sum herein appropriated shall be reduced as DEFENSE URANIUM ENRICHMENT
collections are received during the fiscal year so DECONTAMINATION AND DECOMMISSIONING
Such sums as are derived from amounts re-
as to result in a final fiscal year 2021 appropria-
ceived from borrowers pursuant to section (INCLUDING TRANSFER OF FUNDS)
tion from the general fund estimated at not more
1702(b) of the Energy Policy Act of 2005 under For an additional amount for atomic energy
than $159,000,000.
this heading in prior Acts, shall be collected in defense environmental cleanup activities for De-
accordance with section 502(7) of the Congres- OFFICE OF THE INSPECTOR GENERAL partment of Energy contributions for uranium
sional Budget Act of 1974: Provided, That for For expenses necessary for the Office of the enrichment decontamination and decommis-
necessary administrative expenses of the Title 17 Inspector General in carrying out the provisions sioning activities, $821,583,000, to be deposited
Innovative Technology Loan Guarantee Pro- of the Inspector General Act of 1978, $57,739,000, into the Defense Environmental Cleanup ac-
gram, as authorized, $32,000,000 is appropriated, to remain available until September 30, 2022. count which shall be transferred to the ‘‘Ura-
to remain available until September 30, 2022: ATOMIC ENERGY DEFENSE ACTIVITIES nium Enrichment Decontamination and Decom-
Provided further, That up to $32,000,000 of fees NATIONAL NUCLEAR SECURITY missioning Fund’’.
collected in fiscal year 2021 pursuant to section ADMINISTRATION OTHER DEFENSE ACTIVITIES
1702(h) of the Energy Policy Act of 2005 shall be
WEAPONS ACTIVITIES For Department of Energy expenses, including
credited as offsetting collections under this
For Department of Energy expenses, including the purchase, construction, and acquisition of
heading and used for necessary administrative
the purchase, construction, and acquisition of plant and capital equipment and other ex-
expenses in this appropriation and shall remain
plant and capital equipment and other inci- penses, necessary for atomic energy defense,
available until September 30, 2022: Provided fur-
dental expenses necessary for atomic energy de- other defense activities, and classified activities,
ther, That to the extent that fees collected in fis-
fense weapons activities in carrying out the pur- in carrying out the purposes of the Department
cal year 2021 exceed $32,000,000, those excess
poses of the Department of Energy Organization of Energy Organization Act (42 U.S.C. 7101 et
amounts shall be credited as offsetting collec-
Act (42 U.S.C. 7101 et seq.), including the acqui- seq.), including the acquisition or condemnation
tions under this heading and available in future
sition or condemnation of any real property or of any real property or any facility or for plant
fiscal years only to the extent provided in ad-
any facility or for plant or facility acquisition, or facility acquisition, construction, or expan-
vance in appropriations Acts: Provided further,
construction, or expansion, and the purchase of sion, $942,300,000, to remain available until ex-
That the sum herein appropriated from the gen-
not to exceed one aircraft, one ambulance, and pended: Provided, That of such amount,
eral fund shall be reduced (1) as such fees are
two passenger buses for replacement only, $346,833,000 shall be available until September
received during fiscal year 2021 (estimated at
$13,659,617,000, to remain available until ex- 30, 2022, for program direction.
$3,000,000) and (2) to the extent that any re-
maining general fund appropriations can be de- pended: Provided, That of such amount, POWER MARKETING ADMINISTRATIONS
rived from fees collected in previous fiscal years $123,684,000 shall be available until September BONNEVILLE POWER ADMINISTRATION FUND
that are not otherwise appropriated, so as to re- 30, 2022, for program direction. Expenditures from the Bonneville Power Ad-
sult in a final fiscal year 2021 appropriation DEFENSE NUCLEAR NONPROLIFERATION ministration Fund, established pursuant to Pub-
from the general fund estimated at $0: Provided For Department of Energy expenses, including lic Law 93–454, are approved for official recep-
further, That the Department of Energy shall the purchase, construction, and acquisition of tion and representation expenses in an amount
not subordinate any loan obligation to other fi- plant and capital equipment and other inci- not to exceed $5,000: Provided, That during fis-
nancing in violation of section 1702 of the En- dental expenses necessary for defense nuclear cal year 2021, no new direct loan obligations
ergy Policy Act of 2005 or subordinate any nonproliferation activities, in carrying out the may be made.
Guaranteed Obligation to any loan or other debt purposes of the Department of Energy Organi- OPERATION AND MAINTENANCE, SOUTHEASTERN
obligations in violation of section 609.10 of title zation Act (42 U.S.C. 7101 et seq.), including the POWER ADMINISTRATION
10, Code of Federal Regulations. acquisition or condemnation of any real prop- For expenses necessary for operation and
ADVANCED TECHNOLOGY VEHICLES erty or any facility or for plant or facility acqui- maintenance of power transmission facilities
MANUFACTURING LOAN PROGRAM sition, construction, or expansion, and for marketing electric power and energy, in-
For Department of Energy administrative ex- $2,240,000,000, to remain available until ex- cluding transmission wheeling and ancillary
penses necessary in carrying out the Advanced pended. services, pursuant to section 5 of the Flood Con-
Technology Vehicles Manufacturing Loan Pro- NAVAL REACTORS trol Act of 1944 (16 U.S.C. 825s), as applied to
gram, $5,000,000, to remain available until Sep- (INCLUDING TRANSFER OF FUNDS) the southeastern power area, $7,246,000, includ-
tember 30, 2022. For Department of Energy expenses necessary ing official reception and representation ex-
TRIBAL ENERGY LOAN GUARANTEE PROGRAM for naval reactors activities to carry out the De- penses in an amount not to exceed $1,500, to re-
partment of Energy Organization Act (42 U.S.C. main available until expended: Provided, That
For Department of Energy administrative ex-
7101 et seq.), including the acquisition (by pur- notwithstanding 31 U.S.C. 3302 and section 5 of
penses necessary in carrying out the Tribal En-
chase, condemnation, construction, or other- the Flood Control Act of 1944, up to $7,246,000
ergy Loan Guarantee Program, $2,000,000, to re-
wise) of real property, plant, and capital equip- collected by the Southeastern Power Adminis-
main available until September 30, 2022.
ment, facilities, and facility expansion, tration from the sale of power and related serv-
OFFICE OF INDIAN ENERGY POLICY AND ices shall be credited to this account as discre-
PROGRAMS $1,684,000,000, to remain available until ex-
pended, of which, $91,000,000 shall be trans- tionary offsetting collections, to remain avail-
For necessary expenses for Indian Energy ac- ferred to ‘‘Department of Energy—Energy Pro- able until expended for the sole purpose of fund-
tivities in carrying out the purposes of the De- grams—Nuclear Energy’’, for the Advanced Test ing the annual expenses of the Southeastern
partment of Energy Organization Act (42 U.S.C. Reactor: Provided, That of such amount, Power Administration: Provided further, That
7101 et seq.), $22,250,000, to remain available $53,700,000 shall be available until September 30, the sum herein appropriated for annual ex-
until expended: Provided, That, of the amount 2022, for program direction. penses shall be reduced as collections are re-
appropriated under this heading, $5,000,000 ceived during the fiscal year so as to result in a
shall be available until September 30, 2022, for FEDERAL SALARIES AND EXPENSES
final fiscal year 2021 appropriation estimated at
program direction. For expenses necessary for Federal Salaries not more than $0: Provided further, That not-
DEPARTMENTAL ADMINISTRATION and Expenses in the National Nuclear Security withstanding 31 U.S.C. 3302, up to $52,000,000
Administration, $454,000,000, to remain available collected by the Southeastern Power Adminis-
For salaries and expenses of the Department until September 30, 2022, including official re-
of Energy necessary for departmental adminis- tration pursuant to the Flood Control Act of
ception and representation expenses not to ex- 1944 to recover purchase power and wheeling ex-
tration in carrying out the purposes of the De- ceed $17,000.
partment of Energy Organization Act (42 U.S.C. penses shall be credited to this account as off-
7101 et seq.), $252,378,000, to remain available ENVIRONMENTAL AND OTHER DEFENSE setting collections, to remain available until ex-
until September 30, 2022, including the hire of ACTIVITIES pended for the sole purpose of making purchase
passenger motor vehicles and official reception DEFENSE ENVIRONMENTAL CLEANUP power and wheeling expenditures: Provided fur-
and representation expenses not to exceed For Department of Energy expenses, including ther, That for purposes of this appropriation,
$30,000, plus such additional amounts as nec- the purchase, construction, and acquisition of annual expenses means expenditures that are
essary to cover increases in the estimated plant and capital equipment and other expenses generally recovered in the same year that they
amount of cost of work for others notwith- necessary for atomic energy defense environ- are incurred (excluding purchase power and
standing the provisions of the Anti-Deficiency mental cleanup activities in carrying out the wheeling expenses).
OPERATION AND MAINTENANCE, SOUTHWESTERN
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Act (31 U.S.C. 1511 et seq.): Provided, That such purposes of the Department of Energy Organi-
increases in cost of work are offset by revenue zation Act (42 U.S.C. 7101 et seq.), including the POWER ADMINISTRATION
increases of the same or greater amount: Pro- acquisition or condemnation of any real prop- For expenses necessary for operation and
vided further, That moneys received by the De- erty or any facility or for plant or facility acqui- maintenance of power transmission facilities
partment for miscellaneous revenues estimated sition, construction, or expansion, and the pur- and for marketing electric power and energy, for
to total $93,378,000 in fiscal year 2021 may be re- chase of not to exceed one passenger minivan construction and acquisition of transmission
tained and used for operating expenses within for replacement only, $6,321,000,000, to remain lines, substations and appurtenant facilities,
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H4032 CONGRESSIONAL RECORD — HOUSE July 30, 2020
and for administrative expenses, including offi- June 18, 1954 (68 Stat. 255): Provided, That not- (C) issue a letter of intent to make an alloca-
cial reception and representation expenses in an withstanding the provisions of that Act and of tion, award, or Agreement in excess of the limits
amount not to exceed $1,500 in carrying out sec- 31 U.S.C. 3302, up to $5,548,000 collected by the in subparagraph (A) or (B); or
tion 5 of the Flood Control Act of 1944 (16 U.S.C. Western Area Power Administration from the (D) announce publicly the intention to make
825s), as applied to the Southwestern Power Ad- sale of power and related services from the Fal- an allocation, award, or Agreement in excess of
ministration, $47,540,000, to remain available con and Amistad Dams shall be credited to this the limits in subparagraph (A) or (B).
until expended: Provided, That notwithstanding account as discretionary offsetting collections, (2) The Secretary of Energy shall submit di-
31 U.S.C. 3302 and section 5 of the Flood Control to remain available until expended for the sole rectly to the Committees on Appropriations of
Act of 1944 (16 U.S.C. 825s), up to $37,140,000 purpose of funding the annual expenses of the both Houses of Congress within 15 days of the
collected by the Southwestern Power Adminis- hydroelectric facilities of these Dams and associ- conclusion of each quarter a report detailing
tration from the sale of power and related serv- ated Western Area Power Administration activi- each grant allocation or discretionary grant
ices shall be credited to this account as discre- ties: Provided further, That the sum herein ap- award totaling less than $1,000,000 provided
tionary offsetting collections, to remain avail- propriated for annual expenses shall be reduced during the previous quarter.
able until expended, for the sole purpose of as collections are received during the fiscal year (3) The notification required by paragraph (1)
funding the annual expenses of the South- so as to result in a final fiscal year 2021 appro- and the report required by paragraph (2) shall
western Power Administration: Provided fur- priation estimated at not more than $228,000: include the recipient of the award, the amount
ther, That the sum herein appropriated for an- Provided further, That for purposes of this ap- of the award, the fiscal year for which the
nual expenses shall be reduced as collections are propriation, annual expenses means expendi- funds for the award were appropriated, the ac-
received during the fiscal year so as to result in tures that are generally recovered in the same count and program, project, or activity from
a final fiscal year 2021 appropriation estimated year that they are incurred: Provided further, which the funds are being drawn, the title of
at not more than $10,400,000: Provided further, That for fiscal year 2021, the Administrator of the award, and a brief description of the activ-
That notwithstanding 31 U.S.C. 3302, up to the Western Area Power Administration may ac- ity for which the award is made.
$15,000,000 collected by the Southwestern Power cept up to $1,526,000 in funds contributed by (c) The Department of Energy may not, with
Administration pursuant to the Flood Control United States power customers of the Falcon respect to any program, project, or activity that
Act of 1944 to recover purchase power and and Amistad Dams for deposit into the Falcon uses budget authority made available in this
wheeling expenses shall be credited to this ac- and Amistad Operating and Maintenance Fund, title under the heading ‘‘Department of En-
count as offsetting collections, to remain avail- and such funds shall be available for the pur- ergy—Energy Programs’’, enter into a multiyear
able until expended for the sole purpose of mak- pose for which contributed in like manner as if contract, award a multiyear grant, or enter into
ing purchase power and wheeling expenditures: said sums had been specifically appropriated for a multiyear cooperative agreement unless—
Provided further, That for purposes of this ap- such purpose: Provided further, That any such (1) the contract, grant, or cooperative agree-
propriation, annual expenses means expendi- funds shall be available without further appro- ment is funded for the full period of perform-
tures that are generally recovered in the same priation and without fiscal year limitation for ance as anticipated at the time of award; or
year that they are incurred (excluding purchase use by the Commissioner of the United States (2) the contract, grant, or cooperative agree-
power and wheeling expenses). Section of the International Boundary and ment includes a clause conditioning the Federal
CONSTRUCTION, REHABILITATION, OPERATION Water Commission for the sole purpose of oper- Government’s obligation on the availability of
AND MAINTENANCE, WESTERN AREA POWER ating, maintaining, repairing, rehabilitating, re- future year budget authority and the Secretary
ADMINISTRATION placing, or upgrading the hydroelectric facilities notifies the Committees on Appropriations of
For carrying out the functions authorized by at these Dams in accordance with agreements both Houses of Congress at least 3 days in ad-
title III, section 302(a)(1)(E) of the Act of Au- reached between the Administrator, Commis- vance.
gust 4, 1977 (42 U.S.C. 7152), and other related sioner, and the power customers. (d) Except as provided in subsections (e), (f),
activities including conservation and renewable FEDERAL ENERGY REGULATORY COMMISSION and (g), the amounts made available by this title
resources programs as authorized, $259,126,000, SALARIES AND EXPENSES shall be expended as authorized by law for the
including official reception and representation programs, projects, and activities specified in
For expenses necessary for the Federal Energy
expenses in an amount not to exceed $1,500, to the ‘‘Bill’’ column in the ‘‘Department of En-
Regulatory Commission to carry out the provi-
remain available until expended, of which ergy’’ table included under the heading ‘‘Title
sions of the Department of Energy Organization
$259,126,000 shall be derived from the Depart- III—Department of Energy’’ in the report of the
Act (42 U.S.C. 7101 et seq.), including services as
ment of the Interior Reclamation Fund: Pro- Committee on Appropriations accompanying this
authorized by 5 U.S.C. 3109, official reception
vided, That notwithstanding 31 U.S.C. 3302, sec- Act.
and representation expenses not to exceed
tion 5 of the Flood Control Act of 1944 (16 U.S.C. (e) The amounts made available by this title
$3,000, and the hire of passenger motor vehicles,
825s), and section 1 of the Interior Department may be reprogrammed for any program, project,
$404,350,000, to remain available until expended:
Appropriation Act, 1939 (43 U.S.C. 392a), up to or activity, and the Department shall notify the
Provided, That notwithstanding any other pro-
$169,754,000 collected by the Western Area Power Committees on Appropriations of both Houses of
vision of law, not to exceed $404,350,000 of reve-
Administration from the sale of power and re- Congress at least 30 days prior to the use of any
nues from fees and annual charges, and other
lated services shall be credited to this account as proposed reprogramming that would cause any
services and collections in fiscal year 2021 shall
discretionary offsetting collections, to remain program, project, or activity funding level to in-
be retained and used for expenses necessary in
available until expended, for the sole purpose of crease or decrease by more than $5,000,000 or 10
this account, and shall remain available until
funding the annual expenses of the Western percent, whichever is less, during the time pe-
expended: Provided further, That the sum here-
Area Power Administration: Provided further, riod covered by this Act.
in appropriated from the general fund shall be
That the sum herein appropriated for annual (f) None of the funds provided in this title
reduced as revenues are received during fiscal
expenses shall be reduced as collections are re- shall be available for obligation or expenditure
year 2021 so as to result in a final fiscal year
ceived during the fiscal year so as to result in a through a reprogramming of funds that—
2021 appropriation from the general fund esti- (1) creates, initiates, or eliminates a program,
final fiscal year 2021 appropriation estimated at mated at not more than $0. project, or activity;
not more than $89,372,000, of which $89,372,000 GENERAL PROVISIONS—DEPARTMENT OF (2) increases funds or personnel for any pro-
is derived from the Reclamation Fund: Provided ENERGY gram, project, or activity for which funds are
further, That notwithstanding 31 U.S.C. 3302,
(INCLUDING TRANSFERS OF FUNDS) denied or restricted by this Act; or
up to $172,000,000 collected by the Western Area
SEC. 301. (a) No appropriation, funds, or au- (3) reduces funds that are directed to be used
Power Administration pursuant to the Flood
thority made available by this title for the De- for a specific program, project, or activity by
Control Act of 1944 and the Reclamation Project
partment of Energy shall be used to initiate or this Act.
Act of 1939 to recover purchase power and (g)(1) The Secretary of Energy may waive any
wheeling expenses shall be credited to this ac- resume any program, project, or activity or to
prepare or initiate Requests For Proposals or requirement or restriction in this section that
count as offsetting collections, to remain avail- applies to the use of funds made available for
able until expended for the sole purpose of mak- similar arrangements (including Requests for
Quotations, Requests for Information, and the Department of Energy if compliance with
ing purchase power and wheeling expenditures: such requirement or restriction would pose a
Provided further, That for purposes of this ap- Funding Opportunity Announcements) for a
program, project, or activity if the program, substantial risk to human health, the environ-
propriation, annual expenses means expendi- ment, welfare, or national security.
tures that are generally recovered in the same project, or activity has not been funded by Con-
gress. (2) The Secretary of Energy shall notify the
year that they are incurred (excluding purchase Committees on Appropriations of both Houses of
(b)(1) Unless the Secretary of Energy notifies
power and wheeling expenses). Congress of any waiver under paragraph (1) as
the Committees on Appropriations of both
FALCON AND AMISTAD OPERATING AND Houses of Congress at least 3 full business days soon as practicable, but not later than 3 days
MAINTENANCE FUND in advance, none of the funds made available in after the date of the activity to which a require-
dlhill on DSK120RN23PROD with HOUSE
For operation, maintenance, and emergency this title may be used to— ment or restriction would otherwise have ap-
costs for the hydroelectric facilities at the Fal- (A) make a grant allocation or discretionary plied. Such notice shall include an explanation
con and Amistad Dams, $5,776,000, to remain grant award totaling $1,000,000 or more; of the substantial risk under paragraph (1) that
available until expended, and to be derived from (B) make a discretionary contract award or permitted such waiver.
the Falcon and Amistad Operating and Mainte- Other Transaction Agreement totaling $1,000,000 (h) The unexpended balances of prior appro-
nance Fund of the Western Area Power Admin- or more, including a contract covered by the priations provided for activities in this Act may
istration, as provided in section 2 of the Act of Federal Acquisition Regulation; be available to the same appropriation accounts
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4033
for such activities established pursuant to this (b) An action described in this subsection is States Code, $25,000,000, to remain available
title. Available balances may be merged with any of the following: until expended: Provided, That such amounts
funds in the applicable established accounts (1) Approving the development of a new nu- shall be available for administrative expenses,
and thereafter may be accounted for as one clear weapon or the modification of a nuclear notwithstanding section 15751(b) of title 40,
fund for the same time period as originally en- weapon, including as described in section United States Code.
acted. 179(d)(8) of title 10, United States Code.
SEC. 302. Funds appropriated by this or any (2) Studying whether to develop a new or SOUTHEAST CRESCENT REGIONAL COMMISSION
other Act, or made available by the transfer of modified nuclear weapon. For expenses necessary for the Southeast
funds in this Act, for intelligence activities are (3) Changing the scope of a nuclear weapon Crescent Regional Commission in carrying out
deemed to be specifically authorized by the Con- program if such change modifies the cost of such activities authorized by subtitle V of title 40,
gress for purposes of section 504 of the National program by $300,000,000 or more. United States Code, $1,000,000, to remain avail-
Security Act of 1947 (50 U.S.C. 3094) during fis- SEC. 308. None of the funds made available by able until expended.
cal year 2021 until the enactment of the Intel- this Act or any other Act making appropriations
ligence Authorization Act for fiscal year 2021. for energy and water development and related SOUTHWEST BORDER REGIONAL COMMISSION
SEC. 303. None of the funds made available in agencies for any fiscal year may be used to con-
this title shall be used for the construction of fa- For expenses necessary for the Southwest Bor-
duct, or make specific preparations for, any ex- der Regional Commission in carrying out activi-
cilities classified as high-hazard nuclear facili- plosive nuclear weapons test that produces any
ties under 10 CFR Part 830 unless independent ties authorized by subtitle V of title 40, United
yield. States Code, $250,000, to remain available until
oversight is conducted by the Office of Enter- SEC. 309. None of the funds made available by
prise Assessments to ensure the project is in expended.
this Act or any other Act making appropriations
compliance with nuclear safety requirements. for energy and water development and related NUCLEAR REGULATORY COMMISSION
SEC. 304. None of the funds made available in
agencies may be used in furtherance of working
this title may be used to approve critical deci- SALARIES AND EXPENSES
through the Nuclear Weapons Council to guide,
sion-2 or critical decision-3 under Department of
advise, assist, develop, or execute a budget for For expenses necessary for the Commission in
Energy Order 413.3B, or any successive depart-
the National Nuclear Security Administration. carrying out the purposes of the Energy Reorga-
mental guidance, for construction projects
where the total project cost exceeds $100,000,000, TITLE IV nization Act of 1974 and the Atomic Energy Act
until a separate independent cost estimate has INDEPENDENT AGENCIES of 1954, $849,900,000, including official represen-
been developed for the project for that critical tation expenses not to exceed $25,000, to remain
APPALACHIAN REGIONAL COMMISSION
decision. available until expended: Provided, That of the
SEC. 305. Notwithstanding section 161 of the For expenses necessary to carry out the pro- amount appropriated herein, not more than
Energy Policy and Conservation Act (42 U.S.C. grams authorized by the Appalachian Regional $9,500,000 may be made available for salaries,
6241), upon a determination by the President in Development Act of 1965, as amended, notwith- travel, and other support costs for the Office of
this fiscal year that a regional supply shortage standing 40 U.S.C. 14704, and for expenses nec- the Commission, to remain available until Sep-
of refined petroleum product of significant scope essary for the Federal Co-Chairman and the Al- tember 30, 2022, of which, notwithstanding sec-
and duration exists, that a severe increase in ternate on the Appalachian Regional Commis- tion 201(a)(2)(c) of the Energy Reorganization
the price of refined petroleum product will likely sion, for payment of the Federal share of the Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
result from such shortage, and that a draw administrative expenses of the Commission, in- expenditure shall only be approved by a major-
down and sale of refined petroleum product cluding services as authorized by section 3109 of ity vote of the Commission: Provided further,
would assist directly and significantly in reduc- title 5, United States Code, and hire of pas- That revenues from licensing fees, inspection
ing the adverse impact of such shortage, the senger motor vehicles, $175,000,000, to remain services, and other services and collections esti-
Secretary of Energy may draw down and sell re- available until expended. mated at $729,293,000 in fiscal year 2021 shall be
fined petroleum product from the Strategic Pe- DEFENSE NUCLEAR FACILITIES SAFETY BOARD retained and used for necessary salaries and ex-
troleum Reserve. Proceeds from a sale under this SALARIES AND EXPENSES penses in this account, notwithstanding 31
section shall be deposited into the SPR Petro- U.S.C. 3302, and shall remain available until ex-
For expenses necessary for the Defense Nu-
leum Account established in section 167 of the pended: Provided further, That of the amounts
clear Facilities Safety Board in carrying out ac-
Energy Policy and Conservation Act (42 U.S.C. appropriated under this heading, $10,500,000
tivities authorized by the Atomic Energy Act of
6247), and such amounts shall be available for shall be for university research and development
1954, as amended by Public Law 100–456, section
obligation, without fiscal year limitation, con- in areas relevant to the Commission’s mission,
1441, $31,000,000, to remain available until Sep-
sistent with that section. and $5,500,000 shall be for a Nuclear Science
tember 30, 2022.
SEC. 306. (a) Of the offsetting collections, in- and Engineering Grant Program that will sup-
cluding unobligated balances of such collec- DELTA REGIONAL AUTHORITY port multi-year projects that do not align with
tions, in the ‘‘Department of Energy—Power SALARIES AND EXPENSES programmatic missions but are critical to main-
Marketing Administration—Colorado River Ba- For expenses necessary for the Delta Regional taining the discipline of nuclear science and en-
sins Power Marketing Fund, Western Area Authority and to carry out its activities, as au- gineering: Provided further, That of the
Power Administration’’, $21,400,000 shall be thorized by the Delta Regional Authority Act of amounts appropriated under this heading,
transferred to the ‘‘Department of the Interior— 2000, notwithstanding sections 382F(d), 382M, $17,709,000 shall be for activities related to the
Bureau of Reclamation—Upper Colorado River and 382N of said Act, $15,000,000, to remain development of regulatory infrastructure for ad-
Basin Fund’’ for the Bureau of Reclamation to available until expended. vanced nuclear technologies, and $13,349,000
carry out environmental stewardship and en- DENALI COMMISSION shall be for international activities, except that
dangered species recovery efforts. the amounts provided under this proviso shall
(b) No funds shall be transferred directly from For expenses necessary for the Denali Com- not be derived from fee revenues: Provided fur-
‘‘Department of Energy—Power Marketing Ad- mission including the purchase, construction, ther, That the sum herein appropriated shall be
ministration—Colorado River Basins Power and acquisition of plant and capital equipment reduced by the amount of revenues received dur-
Marketing Fund, Western Area Power Adminis- as necessary and other expenses, $15,000,000, to ing fiscal year 2021 so as to result in a final fis-
tration’’ to the general fund of the Treasury in remain available until expended, notwith- cal year 2021 appropriation estimated at not
the current fiscal year. standing the limitations contained in section more than $120,607,000.
SEC. 307. (a) None of the funds made available 306(g) of the Denali Commission Act of 1998:
in this Act or any other Act for any fiscal year Provided, That funds shall be available for con- OFFICE OF INSPECTOR GENERAL
may be used to take an action described in sub- struction projects in an amount not to exceed 80
For expenses necessary for the Office of In-
section (b) unless— percent of total project cost for distressed com-
spector General in carrying out the provisions of
(1) the Secretary of Energy submits a written munities, as defined by section 307 of the Denali
the Inspector General Act of 1978, $13,499,000, to
notification to the Committees on Appropria- Commission Act of 1998 (division C, title III,
remain available until September 30, 2022: Pro-
tions of both Houses of Congress regarding such Public Law 105–277), as amended by section 701
vided, That revenues from licensing fees, inspec-
action, including— of appendix D, title VII, Public Law 106–113 (113
tion services, and other services and collections
(A) a detailed justification and information Stat. 1501A–280), and an amount not to exceed
estimated at $11,106,000 in fiscal year 2021 shall
about the assumptions underlying such action; 50 percent for non-distressed communities: Pro-
be retained and be available until September 30,
and vided further, That notwithstanding any other
(B) with respect to an action described in 2022, for necessary salaries and expenses in this
provision of law regarding payment of a non-
paragraph (1) or (3) of such subsection— account, notwithstanding section 3302 of title
Federal share in connection with a grant-in-aid
(i) a preliminary cost range for the nuclear 31, United States Code: Provided further, That
program, amounts under this heading shall be
weapon program affected by such action; the sum herein appropriated shall be reduced by
available for the payment of such a non-Federal
dlhill on DSK120RN23PROD with HOUSE
(ii) the estimated costs for such program dur- the amount of revenues received during fiscal
share for programs undertaken to carry out the
ing the five-year period following the notifica- year 2021 so as to result in a final fiscal year
purposes of the Commission.
tion; and 2021 appropriation estimated at not more than
(iii) the source and amount of funds for such NORTHERN BORDER REGIONAL COMMISSION $2,393,000: Provided further, That of the
action by program, project, or activity level. For expenses necessary for the Northern Bor- amounts appropriated under this heading,
(2) a period of 15 business days elapses fol- der Regional Commission in carrying out activi- $1,206,000 shall be for Inspector General services
lowing the date of such notification. ties authorized by subtitle V of title 40, United for the Defense Nuclear Facilities Safety Board.
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H4034 CONGRESSIONAL RECORD — HOUSE July 30, 2020
NUCLEAR WASTE TECHNICAL REVIEW BOARD (b) None of the funds made available for any provided in this paragraph: Provided further,
SALARIES AND EXPENSES department, agency, or instrumentality of the That funds appropriated in this paragraph may
For expenses necessary for the Nuclear Waste United States Government may be transferred to be used by the Secretary of the Army, acting
Technical Review Board, as authorized by Pub- accounts funded in title III of this Act, except through the Chief of Engineers, to undertake
lic Law 100–203, section 5051, $3,600,000, to be pursuant to a transfer made by or transfer au- work authorized to be carried out in accordance
derived from the Nuclear Waste Fund, to remain thority provided in this Act or any other appro- with section 14 of the Flood Control Act of 1946
available until September 30, 2022. priations Act for any fiscal year, transfer au- (33 U.S.C. 701r), section 205 of the Flood Control
thority referenced in the report of the Committee Act of 1948 (33 U.S.C. 701s), section 206 of the
GENERAL PROVISIONS—INDEPENDENT on Appropriations accompanying this Act, or Water Resources Development Act of 1996 (Pub-
AGENCIES any authority whereby a department, agency, lic Law 104–303; 33 U.S.C. 2330), or section 1135
SEC. 401. The Nuclear Regulatory Commission or instrumentality of the United States Govern- of the Water Resources Development Act of 1986
shall comply with the July 5, 2011, version of ment may provide goods or services to another (Public Law 99–662; 33 U.S.C. 2309a), notwith-
Chapter VI of its Internal Commission Proce- department, agency, or instrumentality. standing the program cost limitations set forth
dures when responding to Congressional re- (c) The head of any relevant department or in those sections: Provided further, That such
quests for information, consistent with Depart- agency funded in this Act utilizing any transfer amount is designated by the Congress as being
ment of Justice guidance for all federal agen- authority shall submit to the Committees on Ap- for an emergency requirement pursuant to sec-
cies. propriations of both Houses of Congress a semi- tion 251(b)(2)(A)(i) of the Balanced Budget and
SEC. 402. (a) The amounts made available by annual report detailing the transfer authorities, Emergency Deficit Control Act of 1985.
this title for the Nuclear Regulatory Commission except for any authority whereby a department, MISSISSIPPI RIVER AND TRIBUTARIES
may be reprogrammed for any program, project, agency, or instrumentality of the United States
or activity, and the Commission shall notify the Government may provide goods or services to For an additional amount for ‘‘Mississippi
Committees on Appropriations of both Houses of another department, agency, or instrumentality, River and Tributaries’’, $875,000,000, to remain
Congress at least 30 days prior to the use of any used in the previous 6 months and in the year- available until expended, of which $150,000,000
proposed reprogramming that would cause any to-date. This report shall include the amounts shall be used for necessary expenses to address
program funding level to increase or decrease by transferred and the purposes for which they emergency situations at Corps of Engineers Fed-
more than $500,000 or 10 percent, whichever is were transferred, and shall not replace or mod- eral projects caused by natural disasters: Pro-
less, during the time period covered by this Act. ify existing notification requirements for each vided, That the Secretary may initiate addi-
(b)(1) The Nuclear Regulatory Commission authority. tional new study starts and additional new con-
may waive the notification requirement in sub- SEC. 503. None of the funds made available by struction starts with funds provided under this
section (a) if compliance with such requirement this Act may be used in contravention of Execu- paragraph without regard to other limitations in
would pose a substantial risk to human health, tive Order No. 12898 of February 11, 1994 (Fed- this Act: Provided further, That the limitation
the environment, welfare, or national security. eral Actions to Address Environmental Justice concerning total project costs in section 902 of
(2) The Nuclear Regulatory Commission shall in Minority Populations and Low-Income Popu- the Water Resources Development Act of 1986
notify the Committees on Appropriations of both lations). (Public Law 99–662; 33 U.S.C. 2280), as amended,
Houses of Congress of any waiver under para- SEC. 504. (a) None of the funds made available shall not apply to any project receiving funds
graph (1) as soon as practicable, but not later in this Act may be used to maintain or establish provided in this paragraph: Provided further,
than 3 days after the date of the activity to a computer network unless such network blocks That funds provided in this paragraph may not
which a requirement or restriction would other- the viewing, downloading, and exchanging of be used to update the final determination 73
wise have applied. Such notice shall include an pornography. Fed. Reg. 54398 (September 19, 2008) or to con-
explanation of the substantial risk under para- (b) Nothing in subsection (a) shall limit the struct or provide for the construction of ‘‘Alter-
graph (1) that permitted such waiver and shall use of funds necessary for any Federal, State, native 5’’ as described in the Reformulation
provide a detailed report to the Committees of tribal, or local law enforcement agency or any Main Report and Final Supplemental Environ-
such waiver and changes to funding levels to other entity carrying out criminal investiga- mental Impact Statement released by the Corps
programs, projects, or activities. tions, prosecution, or adjudication activities. of Engineers in November 2007: Provided fur-
(c) Except as provided in subsections (a), (b), TITLE VI ther, That such amount is designated by the
and (d), the amounts made available by this Congress as being for an emergency requirement
ADDITIONAL INFRASTRUCTURE
title for ‘‘Nuclear Regulatory Commission—Sala- pursuant to section 251(b)(2)(A)(i) of the Bal-
INVESTMENTS
ries and Expenses’’ shall be expended as di- anced Budget and Emergency Deficit Control
rected in the report of the Committee on Appro- DEPARTMENT OF THE ARMY Act of 1985.
priations accompanying this Act. CORPS OF ENGINEERS—CIVIL OPERATION AND MAINTENANCE
(d) None of the funds provided for the Nuclear INVESTIGATIONS
For an additional amount for ‘‘Operation and
Regulatory Commission shall be available for For an additional amount for ‘‘Investiga- Maintenance’’, $5,000,000,000, to remain avail-
obligation or expenditure through a reprogram- tions’’, $110,000,000, to remain available until able until expended, of which $655,000,000 shall
ming of funds that increases funds or personnel expended, for necessary expenses related to the be used for necessary expenses to dredge Federal
for any program, project, or activity for which completion, or initiation and completion, of navigation projects in response to, and repair
funds are denied or restricted by this Act. studies which are currently authorized or which
(e) The Commission shall provide a monthly damages to Corps of Engineers Federal projects
are authorized after the date of enactment of caused by, natural disasters: Provided, That
report to the Committees on Appropriations of this Act: Provided, That the Secretary may ini-
both Houses of Congress, which includes the fol- section 9006 of the Water Resources Develop-
tiate additional new project starts with funds ment Act of 2007 (Public Law 110–114; 33. U.S.C.
lowing for each program, project, or activity, in- provided in this paragraph, without regard to
cluding any prior year appropriations— 3305) shall not apply to funds provided in this
other limitations in this Act: Provided further, paragraph: Provided further, That such amount
(1) total budget authority; That such amount is designated by the Congress
(2) total unobligated balances; and is designated by the Congress as being for an
as being for an emergency requirement pursuant emergency requirement pursuant to section
(3) total unliquidated obligations. to section 251(b)(2)(A)(i) of the Balanced Budget 251(b)(2)(A)(i) of the Balanced Budget and
TITLE V and Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS CONSTRUCTION REGULATORY PROGRAM
(INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Construction’’,
For an additional amount for ‘‘Regulatory
SEC. 501. None of the funds appropriated by $10,000,000,000, to remain available until ex-
Program’’, $50,000,000, to remain available until
this Act may be used in any way, directly or in- pended, of which not less than $500,000,000 shall
expended, for expenses necessary to carry out
directly, to influence congressional action on be for water-related environmental infrastruc-
the administration of laws pertaining to regula-
any legislation or appropriation matters pend- ture assistance and $3,000,000,000 shall be for in-
tion of navigable waters and wetlands: Pro-
ing before Congress, other than to communicate land waterways projects: Provided, That section
vided, That such amount is designated by the
to Members of Congress as described in 18 U.S.C. 102 of Public Law 109–103 (33 U.S.C. 2221) shall
Congress as being for an emergency requirement
1913. not apply to funds provided in this paragraph:
pursuant to section 251(b)(2)(A)(i) of the Bal-
SEC. 502. (a) None of the funds made available Provided further, That notwithstanding any
anced Budget and Emergency Deficit Control
in title III of this Act may be transferred to any other provision of law, section 102 of the Water
Act of 1985.
department, agency, or instrumentality of the Resources Development Act of 1986 (Public Law
United States Government, except pursuant to a 99–662; 33 U.S.C. 2212) shall not apply to funds FORMERLY UTILIZED SITES REMEDIAL ACTION
transfer made by or transfer authority provided provided in this paragraph: Provided further, PROGRAM
in this Act or any other appropriations Act for That the Secretary may initiate additional new For an additional amount for ‘‘Formerly Uti-
dlhill on DSK120RN23PROD with HOUSE
any fiscal year, transfer authority referenced in construction starts with funds provided in this lized Sites Remedial Action Program’’,
the report of the Committee on Appropriations paragraph without regard to section 110 of this $500,000,000, to remain available until expended:
accompanying this Act, or any authority where- Act: Provided further, That the limitation con- Provided, That such amount is designated by
by a department, agency, or instrumentality of cerning total project costs in section 902 of the the Congress as being for an emergency require-
the United States Government may provide Water Resources Development Act of 1986 (Pub- ment pursuant to section 251(b)(2)(A)(i) of the
goods or services to another department, agency, lic Law 99–662; 33 U.S.C. 2280), as amended, Balanced Budget and Emergency Deficit Con-
or instrumentality. shall not apply to any project receiving funds trol Act of 1985.
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4035
FLOOD CONTROL AND COASTAL EMERGENCIES the California Bay-Delta Restoration Act (Pub- such title 5: Provided further, That such
For an additional amount for ‘‘Flood Control lic Law 108–361), as amended; and amount is designated by the Congress as being
and Coastal Emergencies’’, $415,000,000, to re- (11) $200,000,000 shall be for Section 10004 of for an emergency requirement pursuant to sec-
main available until expended, for necessary ex- the Omnibus Public Land Management Act of tion 251(b)(2)(A)(i) of the Balanced Budget and
penses to prepare for flood, hurricane, and 2009 (Public Law 111–11): Emergency Deficit Control Act of 1985.
other natural disasters and support emergency Provided, That funds provided under this head- ELECTRICITY
operations, repairs, and other activities in re- ing in this title may not be used for the Shasta For an additional amount for ‘‘Electricity’’,
sponse to such disasters as authorized by law: Dam and Reservoir Enlargement Project: Pro- $3,350,000,000, to remain available until ex-
Provided, That funding utilized for authorized vided further, That such amount is designated pended, for necessary expenses related to grid
shore protection projects shall restore such by the Congress as being for an emergency re- modernization programs, of which—
projects to the full project profile at full Federal quirement pursuant to section 251(b)(2)(A)(i) of (1) $2,000,000,000 shall be for grants and dem-
expense: Provided further, That such amount is the Balanced Budget and Emergency Deficit onstrations to enhance the resilience, reliability,
designated by the Congress as being for an Control Act of 1985. and energy security of electric infrastructure, to
emergency requirement pursuant to section DEPARTMENT OF ENERGY improve preparedness and restoration time to
251(b)(2)(A)(i) of the Balanced Budget and ENERGY EFFICIENCY AND RENEWABLE ENERGY mitigate power disturbances, to continue deliv-
Emergency Deficit Control Act of 1985. For an additional amount for ‘‘Energy Effi- ery of power to critical facilities and electricity-
EXPENSES ciency and Renewable Energy’’, $7,780,000,000, dependent essential services, to enhance re-
For an additional amount for ‘‘Expenses’’, to remain available until expended, of which— gional grid resilience, and to facilitate greater
$50,000,000, to remain available until expended, (1) $3,000,000,000 shall be for the Weatheriza- incorporation of renewable energy generation;
for necessary expenses to administer and oversee (2) $56,500,000 shall be for construction of the
tion Assistance Program under part A of title IV
the obligation and expenditure of amounts pro- Grid Storage Launchpad;
of the Energy Conservation and Production Act (3) $500,000,000 shall be for energy storage
vided in this title for the Corps of Engineers: (Public Law 94–385; 42 U.S.C. 6861 et seq.), of demonstration projects across a portfolio of
Provided, That such amount is designated by which $300,000,000 shall be for enhancements technologies and approaches; and
the Congress as being for an emergency require- and innovation as described in section 603 of (4) not less than $770,500,000 shall be for
ment pursuant to section 251(b)(2)(A)(i) of the this Act, and $2,000,000 shall be for training and grants to manufacturers in the United States for
Balanced Budget and Emergency Deficit Con- technical assistance to strengthen and increase the manufacturing of advanced batteries and
trol Act of 1985. weatherization apprenticeship pathways; components:
DEPARTMENT OF THE INTERIOR (2) $730,000,000 shall be for the State Energy Provided, That the Secretary shall ensure re-
BUREAU OF RECLAMATION Program authorized under part D of title III of gional diversity among eligible entities that re-
WATER AND RELATED RESOURCES
the Energy Policy and Conservation Act (Public ceive the funds for grants, technical assistance,
Law 94–163; 42 U.S.C. 6321 et seq); and demonstrations provided under this heading
(INCLUDING TRANSFERS OF FUNDS)
(3) $2,000,000,000 shall be for Energy Effi- in this title: Provided further, That funds pro-
For an additional amount for ‘‘Water and Re- ciency and Conservation Block Grants for im- vided for these activities shall not be subject to
lated Resources’’, $3,000,000,000, to remain avail- plementation of programs authorized under sub- cost share requirements for state, local, and
able until expended, of which— title E of title V of the Energy Independence
(1) $50,000,000 shall be for water reclamation other government recipients: Provided further,
and Security Act of 2007 (Public Law 110–140; 42 That notwithstanding section 3304 of title 5,
and reuse projects authorized under title XVI of U.S.C. 17151 et seq.), of which $1,500,000,000 is
the Reclamation Projects Authorization and Ad- United States Code, and without regard to the
available through the formula in subtitle E; provisions of sections 3309 through 3318 of such
justment Act of 1992 (Public Law 102–575); (4) $1,000,000,000 shall be for the Vehicles
(2) not less than $300,000,000 shall be for title 5, the Secretary of Energy, upon a deter-
Technologies Office to develop electric and al- mination that there is a severe shortage of can-
WaterSMART grants;
(3) not less than $200,000,000 shall be for con- ternative vehicle infrastructure; didates or a critical hiring need for particular
(5) $500,000,000 shall be for the Advanced positions to carry out the activities funded
struction activities, for which the Federal share
Manufacturing Office, of which— under this heading in this title, may from within
of the cost shall not be more than 50 percent and
(A) $250,000,000 shall be for battery supply the funds provided under this heading in this
for which the non-Federal share of not less than
chain support; title, recruit and directly appoint highly quali-
50 percent may be provided in cash or in-kind,
(B) $125,000,000 shall be for a grant program fied individuals into the competitive service:
related to projects found to be feasible by the
to improve energy efficiency at water and Provided further, That such authority shall not
Secretary of the Interior and which are ready to
wastewater plants; and apply to positions in the Excepted Service or the
initiate for the repair of critical Reclamation ca-
(C) $125,000,000 shall be for a domestic manu- Senior Executive Service: Provided further, That
nals where operational conveyance capacity has
facturing conversion grant program authorized any action authorized herein shall be consistent
been seriously impaired by factors such as age
under section 132 of subtitle B in title I of the with the merit principles of section 2301 of such
or land subsidence, focusing on those that
Energy Independence and Security Act of 2007 title 5, and the Department shall comply with
would imminently jeopardize Reclamation’s
(Public Law 110–140; 42 U.S.C. 17011 et seq); the public notice requirements of section 3327 of
ability to meet water delivery obligations;
(6) $200,000,000 shall be for grants to deploy such title 5: Provided further, That such
(4) not less than $605,000,000 shall be used for
solar and distributed energy systems in low-in- amount is designated by the Congress as being
titles III, IV, V, and VI of the Claims Resolution
come and underserved communities, for which for an emergency requirement pursuant to sec-
Act of 2010 (Public Law 111–291), as amended,
no cost share is required; tion 251(b)(2)(A)(i) of the Balanced Budget and
title III, subtitle G of the Water Infrastructure
(7) $100,000,000 shall be for the Hydrogen and Emergency Deficit Control Act of 1985.
Improvements for the Nation Act (Public Law
Fuel Cell Technologies Office for H2@Scale dem-
114–322), title X, subtitle B, part III of the Om- NUCLEAR ENERGY
onstration and deployment activities related to
nibus Public Land Management Act of 2009 For an additional amount for ‘‘Nuclear En-
hydrogen production, storage, transport, and
(Public Law 111–11), and the Arizona Water Set- ergy’’, $1,250,000,000, to remain available until
infrastructure;
tlements Act (Public Law 108–451), as amended; expended, of which—
(5) not less than $100,000,000 shall be used for (8) $230,000,000 shall be for facilities and in-
frastructure; and (1) $700,000,000 shall be for the Advanced Re-
rural water projects and shall include water in- actor Demonstration Program;
take and treatment facilities of such projects; (9) $20,000,000 shall be for program direction:
Provided, That funds provided under this head- (2) not less than $192,300,000 shall be for the
(6) $100,000,000 shall be for Environmental Advanced Small Modular Reactor program: Pro-
Restoration and Compliance; ing in this title may not be used for any activi-
ties related to the Energy Materials and Proc- vided, That the cost share for any demonstra-
(7) $8,500,000 shall be for activity associated tion project shall be up to 50 percent from the
with emergency remediation or repair of any essing at Scale Research Facility: Provided fur-
ther, That notwithstanding section 3304 of title Department and not less than 50 percent from
Reclamation facility which has had a failure or non-federal sources: Provided further, That any
there is imminent threat of failure in 2020, in 5, United States Code, and without regard to the
provisions of sections 3309 through 3318 of such demonstration project must meet the following
order to restore and maintain water deliveries criteria:
for irrigation; title 5, the Secretary of Energy, upon a deter-
(A) technical feasibility that the demonstra-
(8) $100,000,000 shall be transferred to the De- mination that there is a severe shortage of can-
tion can be operational in five to seven years;
partment of the Interior for programs, projects, didates or a critical hiring need for particular (B) likelihood that the design can be licensed
and activities authorized by the Central Utah positions to carry out the activities funded for safe operations by the Nuclear Regulatory
Project Completion Act (titles II–V of Public under this heading in this title, may from within Commission;
Law 102–575), of which $1,300,000 shall be trans- the funds provided under this heading in this (C) use of certified fuel design or demonstra-
ferred to the ‘‘Central Utah Project Completion title, recruit and directly appoint highly quali- tion of a clear path to certification within five
Account’’ for use by the Utah Reclamation and fied individuals into the competitive service: to seven years;
dlhill on DSK120RN23PROD with HOUSE
Mitigation and Conservation Commission for Provided further, That such authority shall not (D) affordability of the design for full-scale
emergency assistance; apply to positions in the Excepted Service or the construction and cost of electricity generation;
(9) $250,000,000 shall be for programs, projects, Senior Executive Service: Provided further, That (E) ability of the team to provide its portion of
and activities authorized by the Central Valley any action authorized herein shall be consistent the cost share; and
Project Improvement Act (Public Law 102–575); with the merit principles of section 2301 of such (F) technical abilities and qualifications of
(10) $250,000,000 shall be for programs, title 5, and the Department shall comply with teams desiring to demonstrate a proposed ad-
projects, and activities authorized by Title I of the public notice requirements of section 3327 of vanced nuclear reactor technology;
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H4036 CONGRESSIONAL RECORD — HOUSE July 30, 2020
(3) $100,000,000 shall be for integrated hydro- sioning Fund’’, $240,000,000, to remain available (34) $2,100,000 shall be for the Large Synoptic
gen-nuclear demonstration projects; until expended, for necessary expenses related Survey Telescope project;
(4) $66,000,000 shall be for construction of the to cleanup of uranium gaseous diffusion plants, (35) $448,200,000 shall be for the Electron Ion
Sample Preparation Laboratory; of which $120,000,000 shall be for the Ports- Collider;
(5) $61,700,000 shall be for Materials and Fuels mouth Gaseous Diffusion Plant Site and (36) $202,900,000 shall be for the U.S. Stable
Complex Plant Health Investments; and $120,000,000 shall be for the Paducah Gaseous Isotope Production and Research Center;
(6) $125,000,000 shall be for Advanced Test Re- Diffusion Site: Provided, That such amount is (37) $145,500,000 shall be for Ton Scale
actor Recapitalization: designated by the Congress as being for an Neutrinoless Double Beta Decay equipment;
Provided, That such amount is designated by emergency requirement pursuant to section (38) $87,000,000 shall be for the High Rigidity
the Congress as being for an emergency require- 251(b)(2)(A)(i) of the Balanced Budget and Spectrometer;
ment pursuant to section 251(b)(2)(A)(i) of the Emergency Deficit Control Act of 1985. (39) $45,000,000 shall be for isotope capabilities
Balanced Budget and Emergency Deficit Con- at the Facility for Rare Isotope Beams;
trol Act of 1985. SCIENCE
(40) $43,100,000 shall be for Measurement of a
FOSSIL ENERGY RESEARCH AND DEVELOPMENT For an additional amount for ‘‘Science’’,
Lepton-Lepton Electroweak Reaction equip-
$6,250,000,000, to remain available until ex-
For an additional amount for ‘‘Fossil Energy ment;
pended, for necessary expenses related to sci-
Research and Development’’, $1,250,000,000, to (41) $39,100,000 shall be for the Gamma-Ray
entific infrastructure, of which—
remain available until expended, of which— Energy Tracking Array;
(1) $750,000,000 shall be for a carbon capture (1) $340,000,000 shall be for procurement of the
(42) $2,400,000 shall be for Super Pioneering
and utilization technology commercialization exascale systems at the Argonne Leadership
High Energy Nuclear Interaction Experiment
program to improve the efficiency, effectiveness, Computing Facility;
equipment;
(2) $332,000,000 shall be for procurement of the
cost, and environmental performance of fossil (43) $1,000,000 shall be for Facility for Rare
exascale systems at the Oak Ridge Leadership
fuel-fired facilities, including the industrial sec- Isotope Beams construction;
Computing Facility;
tor, through front end engineering design, com- (44) $77,000,000 shall be for the Utilities Infra-
(3) $75,000,000 shall be for equipment and in-
mercial demonstration of advanced carbon cap- structure Project;
frastructure for the Quantum Information
ture technology projects, commercial demonstra- (45) $65,000,000 shall be for the ORNL Infra-
Science Research Centers;
tion of direct air capture technology projects, structure Improvements project;
(4) $100,000,000 shall be for existing advanced
and commercialization projects of large-scale (46) $63,000,000 shall be for the Linear Assets
computing systems at the Leadership Computing
carbon dioxide storage sites in saline geological Modernization Project;
Facilities;
formations, including activities exploring, cat- (47) $211,036,000 shall be for General Plant
(5) $20,000,000 shall be for power upgrades at
egorizing, and developing storage sites and nec- Projects;
the National Energy Research Scientific Com-
essary pipeline infrastructure; (48) $73,000,000 shall be for the Argonne Utili-
puting Center;
(2) not less than $239,500,000 shall be for dem- ties Upgrade project;
(6) $4,530,000 shall be for the Exascale Com-
onstrations of negative emissions technologies; (49) $107,000,000 shall be for the Critical Utili-
(3) $23,000,000 shall be for Joule 2 and Joule 3; puting Project;
(7) $2,250,000 shall be for ESnet; ties Infrastructure Revitalization project;
(4) $25,000,000 shall be for the Computational (50) $52,000,000 shall be for the Critical Utili-
Science and Engineering Center; (8) $1,500,000 shall be for National Energy Re-
search Scientific Computing Center 9 infrastruc- ties Rehabilitation Project;
(5) $25,000,000 shall be for the Extreme Condi- (51) $83,750,000 shall be for the BioEPIC
tion Reactive Fluids Lab; ture;
(9) $1,300,000 shall be for the Argonne Leader- Building;
(6) $25,000,000 shall be for the Materials and
ship Computing Facility; (52) $59,000,000 shall be for the Princeton
Minerals Characterization Center;
(7) $25,000,000 shall be for the Combustion De- (10) $700,000 shall be for the Oak Ridge Lead- Plasma Innovation Center;
velopment Facility; ership Computing Facility; (53) $70,000,000 shall be for CEBAF Renova-
(8) $25,000,000 shall be for the Direct Air Cap- (11) $50,000,000 shall be for Environmental tion and Expansion;
ture Center; Molecular Sciences Laboratory equipment up- (54) $59,500,000 shall be for the Critical Infra-
(9) $20,000,000 shall be for the Center for Data grades; structure Recovery and Renewal project;
Analytics and Machine Learning; (12) $50,000,000 shall be for Joint Genome In- (55) $75,400,000 shall be for the Seismic and
(10) $15,000,000 shall be for the Advanced stitute equipment upgrades; Safety Modernization project;
Alloy Development Facility; (13) $50,000,000 shall be for Atmospheric Radi- (56) $50,000,000 shall be for the Craft Resource
(11) $15,000,000 shall be for the Carbon Utili- ation Measurement User Facility fixed and mo- Facility;
zation Center; bile sites equipment upgrades; (57) $45,000,000 shall be for the Large Scale
(12) $15,000,000 shall be for the Scale-up Phe- (14) $214,000,000 shall be for the Linac Coher- Collaboration Center;
nomena Laboratory; ent Light Source-II-High Energy; (58) $43,000,000 shall be for the Science User
(13) $10,000,000 shall be for Materials Engi- (15) $207,300,000 shall be for the Spallation Support Center;
neering Manufacturing laboratory upgrades; Neutron Source Second Target Station; (59) $39,750,000 shall be for the Translational
(14) $9,500,000 shall be for NETL campus in- (16) $200,000,000 shall be for Ames main build- Research Capacity construction project;
frastructure utilities; ing modernization; (60) $28,000,000 shall be for the Ames Infra-
(15) $8,000,000 shall be for the Geological Envi- (17) $170,000,000 shall be for the Advanced structure Modernization project;
ronmental Science Center; Light Source Upgrade; (61) $5,750,000 shall be for the Energy Sciences
(16) $6,000,000 shall be for Cross Cutting Re-
(18) $151,000,000 shall be for the Advanced Capability project;
search and Innovation Center laboratory ren-
Photon Source Upgrade; (62) $5,500,000 shall be for the Integrated En-
ovations; and (19) $91,200,000 shall be for the Spallation gineering Research Center;
(17) $4,000,000 shall be for demolition of excess
Neutron Source Proton Power Upgrade; (63) $1,400,000 shall be for Tritium System
and aging infrastructure:
Provided, That such amount is designated by (20) $75,000,000 shall be for the Linac Coherent Demolition and Disposal;
the Congress as being for an emergency require- Light Source-II; (64) $1,300,000 shall be for the Core Facility
(21) $73,000,000 shall be for the Cryomodule Revitalization construction project;
ment pursuant to section 251(b)(2)(A)(i) of the
Repair & Maintenance Facility; (65) $1,000,000 shall be for the Electrical Ca-
Balanced Budget and Emergency Deficit Con-
(22) $60,000,000 shall be for Nanoscale Science pacity and Distribution Capability project;
trol Act of 1985.
Research Centers Recapitalization; (66) $65,000,000 shall be for the TJNAF Infra-
NON-DEFENSE ENVIRONMENTAL CLEANUP (23) $59,500,000 shall be for NSLS-II Experi- structure Improvement project; and
For an additional amount for ‘‘Non-Defense mental Tools-II; (67) $12,100,000 shall be for addressing Office
Environmental Cleanup’’, $200,000,000, to re- (24) $65,000,000 shall be for ITER; of Science cybersecurity infrastructure defi-
main available until expended, of which— (25) $110,000,000 shall be for the Matter in Ex- ciencies:
(1) $50,500,000 shall be for the Moab Uranium treme Conditions Upgrade; Provided, That such amount is designated by
Mill Tailings Remedial Action Project; (26) $134,254,000 shall be for Materials Plasma the Congress as being for an emergency require-
(2) $48,000,000 shall be for the Energy Tech- Exposure experiment equipment; ment pursuant to section 251(b)(2)(A)(i) of the
nology Engineering Center; (27) $641,000,000 shall be for Long Baseline
(3) $45,500,000 shall be for Lawrence Berkeley Balanced Budget and Emergency Deficit Con-
Neutrino Facility; trol Act of 1985.
National Laboratory; and (28) $284,380,000 shall be for the Proton Im-
(4) $56,000,000 shall be for the West Valley provement Plan II; ADVANCED RESEARCH PROJECTS AGENCY—
Demonstration Project: (29) $200,300,000 shall be for Large Hadron ENERGY
Provided, That such amount is designated by Collider computing and equipment; For an additional amount for ‘‘Advanced Re-
the Congress as being for an emergency require- (30) $100,000,000 shall be for Wilson Hall ren- search Projects Agency—Energy’’, $250,000,000,
ment pursuant to section 251(b)(2)(A)(i) of the
dlhill on DSK120RN23PROD with HOUSE
ovations; to remain available until expended, for nec-
Balanced Budget and Emergency Deficit Con- (31) $62,000,000 shall be for Cosmic Microwave essary expenses for demonstration projects: Pro-
trol Act of 1985. Background - Stage 4; vided, That such amount is designated by the
URANIUM ENRICHMENT DECONTAMINATION AND (32) $9,000,000 shall be for Muon to Electron Congress as being for an emergency requirement
DECOMMISSIONING FUND Conversion Experiment equipment; pursuant to section 251(b)(2)(A)(i) of the Bal-
For an additional amount for ‘‘Uranium En- (33) $6,000,000 shall be for Super Cryogenic anced Budget and Emergency Deficit Control
richment Decontamination and Decommis- Dark Matter Search equipment; Act of 1985.
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4037
OFFICE OF INDIAN ENERGY POLICY AND (B) $72,000,000 shall be for infrastructure im- work. Such funding is not subject to the sav-
PROGRAMS provements, ings-to-investment ratio requirements in 10 CFR
For an additional amount for ‘‘Office of In- (C) $24,000,000 shall be for shielded containers § 440.21.
dian Energy Policy and Programs’’, $150,000,000, and assay equipment; and SEC. 604. (a) Section 415(c)(1) of the Energy
to remain available until expended, for nec- (D) $20,000,000 shall be for Idaho Nuclear Conservation and Production Act (Public Law
essary expenses for the development and deploy- Technology and Engineering Center infrastruc- 94–385; 42 U.S.C. 6865(c)(1)) is amended by strik-
ment of energy infrastructure on Indian lands ture; ing ‘‘$6,500’’ and inserting ‘‘$10,000’’.
that results in the reduction of energy costs, as- (5) $140,000,000 shall be for the Oak Ridge (b) Section 415(a)(1) of the Energy Conserva-
sistance in economic development, and elec- Site, of which— tion and Production Act (Public Law 94–385; 42
trification in tribal communities: Provided, That (A) $90,000,000 shall be for Y-12 National Se- U.S.C. 6865(a)(1)) is amended by striking ‘‘10
such funds shall not be subject to cost share re- curity Complex and Oak Ridge National Lab- percent’’ and inserting ‘‘12.5 percent’’.
quirements: Provided further, That such amount oratory excess facilities decontamination and (c) Paragraph (2) of section 415(c) of the En-
is designated by the Congress as being for an decommissioning; ergy Conservation and Production Act (Public
(B) $30,000,000 shall be for liquid gaseous Law 94–385; 42 U.S.C. 6865(c)(2)) is amended to
emergency requirement pursuant to section
waste operating facilities decontamination and read as follows: ‘‘(2) Dwelling units weatherized
251(b)(2)(A)(i) of the Balanced Budget and
decommissioning; and (including dwelling units partially weatherized)
Emergency Deficit Control Act of 1985.
(C) $20,000,000 shall be for Transuranic Waste under this part, or under other Federal pro-
OFFICE OF THE INSPECTOR GENERAL Processing Center infrastructure; grams (in this paragraph referred to as ‘previous
For an additional amount for ‘‘Office of the (6) $170,000,000 shall be for Lawrence Liver- weatherization’), may not receive further finan-
Inspector General’’, $20,000,000, to remain avail- more National Laboratory excess facilities de- cial assistance for weatherization under this
able until expended, for necessary expenses of contamination and decommissioning; part until the date that is 15 years after the date
the Office of the Inspector General in carrying (7) $58,000,000 shall be for Los Alamos excess such previous weatherization was completed.
out the provisions of the Inspector General Act facilities decontamination and decommissioning; This paragraph does not preclude dwelling units
of 1978 (Public Law 95–452), as amended, and and that have received previous weatherization from
for providing oversight of the funds provided for (8) $50,000,000 shall be for Los Alamos middle receiving assistance and services (including the
the Department of Energy in this title: Provided, DP road site investigation and remediation: provision of information and education to assist
That such amount is designated by the Congress Provided, That such amount is designated by with energy management and evaluation of the
as being for an emergency requirement pursuant the Congress as being for an emergency require- effectiveness of installed weatherization mate-
to section 251(b)(2)(A)(i) of the Balanced Budget ment pursuant to section 251(b)(2)(A)(i) of the rials) other than weatherization under this part
and Emergency Deficit Control Act of 1985. Balanced Budget and Emergency Deficit Con- or under other Federal programs, or from receiv-
DEFENSE ENVIRONMENTAL CLEANUP trol Act of 1985. ing non-Federal assistance for weatherization.’’.
For an additional amount for ‘‘Defense Envi- OTHER DEFENSE ACTIVITIES SEC. 605. (a) No later than 6 months after the
ronmental Cleanup’’, $2,685,000,000, to remain For an additional amount for ‘‘Other Defense date of enactment of this Act, the Secretary of
available until expended, of which— Activities’’, $50,000,000, to remain available until Energy, in coordination with the Secretary of
(1) $941,000,000 shall be for the Hanford Site, expended, for necessary expenses related to se- Commerce, shall—
of which— cure compartmented intelligence facility infra- (1) determine any geographic area within the
(A) $350,000,000 shall be for site infrastructure structure and IT modernization: Provided, That contiguous United States that lacks a Federal
upgrades; funds made available under this paragraph for power marketing agency;
(B) $230,000,000 shall be for tank farm infra- intelligence activities are deemed to be specifi- (2) develop a plan or criteria for the geo-
structure; cally authorized by Congress for purposes of graphic areas identified in paragraph (1) re-
(C) $175,000,000 shall be for Area 105 K West section 504 of the National Security Act of 1947 garding investment in renewable energy and as-
Basin disposition; (50 U.S.C. 3094): Provided further, That such sociated infrastructure within an area identified
(D) $71,000,000 shall be for Area 300/296 Waste amount is designated by the Congress as being in paragraph (1); and
Site remediation; for an emergency requirement pursuant to sec- (3) identify any Federal agency within an
(E) $50,000,000 shall be for River Corridor de- tion 251(b)(2)(A)(i) of the Balanced Budget and area in paragraph (1) that has, or could de-
contamination and decommissioning; Emergency Deficit Control Act of 1985. velop, the ability to facilitate the investment in
(F) $35,000,000 shall be for tank farm evapo- paragraph (2).
GENERAL PROVISIONS—ADDITIONAL (b) The Secretary of Energy, in coordination
rator upgrades; and INFRASTRUCTURE INVESTMENTS
(G) $30,000,000 shall be for A/AX farms single with the Secretary of Commerce, shall provide
shell tank retrievals; SEC. 601. The heads of agencies funded under the determinations made under subsection (a) to
(2) $711,000,000 shall be for the Savannah this title shall submit a monthly report to the the Committee on Appropriations and the Com-
River Site, of which— Committees on Appropriations of the House of mittee on Energy and Commerce of the House of
(A) $200,000,000 shall be for H Canyon Basin Representatives and the Senate detailing the al- Representatives.
Dewatering Project; location, obligation, and expenditures of these (c) Based upon the determinations made pur-
(B) $140,000,000 shall be for building 235-F de- funds, including new projects selected to be ini- suant to subsection (a), the Secretary of Energy,
contamination and decommissioning; tiated with funds provided in this title, begin- in coordination with the Secretary of Commerce,
(C) $82,000,000 shall be for utilities system up- ning not later than 45 days after the date of en- shall recommend to the Committee on Energy
grades; actment of this Act. and Commerce of the House of Representatives
(D) $75,000,000 shall be for roads and related SEC. 602. The Secretary of Energy shall, in the establishment of any new Federal lending
infrastructure; consultation with the Secretaries of Health and authority, including authorization of additional
(E) $75,000,000 shall be for critical spares and Human Services, Housing and Urban Develop- lending authority for existing Federal agencies,
infrastructure at the Defense Waste Processing ment, and Veterans Affairs, develop an inter- not to exceed $3,500,000,000 per geographic area
Facility; agency collaboration effort to increase cross- identified in subsection (a)(1).
(F) $60,000,000 shall be for Separations Engi- participation in the Department of Energy’s (d) There is hereby appropriated $25,000,000 to
neering Development decontamination and de- Weatherization Assistance Program, the Depart- carry out this section.
commissioning; ment of Health and Human Services Low In- (e) The amounts provided by this section are
(G) $32,000,000 shall be for Salt Disposal Units come Home Energy Assistance Program, the designated by the Congress as being for an
8-12; HUD Lead Hazard Control and Healthy Homes emergency requirement pursuant to section
(H) $25,000,000 shall be for the Nuclear Mate- Program, and the Department of Veterans Af- 251(b)(2)(A)(i) of the Balanced Budget and
rials Storage Vault; and fairs. Emergency Deficit Control Act of 1985.
(I) $22,000,000 shall be for Defense Waste SEC. 603. The Secretary of Energy shall, with- SEC. 606. (a) Requirements relating to non-
Processing Facility laboratory instruments and in funds made available in this title, distribute Federal cost-share grants and cooperative
computers; funds to WAP grantees via the formula in part agreements for the Delta Regional Authority
(3) $375,000,000 shall be for the Waste Isola- A of title IV of the Energy Conservation and under section 382D of the Agricultural Act of
tion Pilot Plant, of which— Production Act (Public Law 94–385; 42 U.S.C. 1961 and Consolidated Farm and Rural Develop-
(A) $200,000,000 shall be for the Hoist Capa- 6861 et seq.), for the purpose of innovative ac- ment Act (7 U.S.C. 2009aa—3) are waived for
bility Project; tivities that will increase the number of dwelling grants awarded in fiscal year 2020 and in subse-
(B) $90,000,000 shall be for the Safety Signifi- units that become weatherization-ready through quent years in response to economic distress di-
cant Ventilation Confinement System; critical repairs, promote the deployment of re- rectly related to the impacts of the Coronavirus
(C) $55,000,000 shall be for shipping system newable energy systems and emerging tech- Disease (COVID-19).
upgrades and shielded containers; and nologies, include community-based weatheriza- (b) Requirements relating to non-Federal cost-
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(D) $30,000,000 shall be for underground com- tion concepts, and improve indoor environments share grants and cooperative agreements for the
bustion fume reduction activities; through healthy homes measures. Grantees may Northern Border Regional Commission under
(4) $240,000,000 shall be for the Idaho Site, of also use such funds for innovative outreach and section 15501(d) of title 40, United States Code,
which— education, quality control of work performed, are waived for grants awarded in fiscal year
(A) $124,000,000 shall be for accelerated clean- data collection, measurement, verification, pro- 2020 and in subsequent years in response to eco-
up, decontamination and decommissioning, and gram monitoring, oversight, evaluation, report- nomic distress directly related to the impacts of
groundwater; ing, training, and planning related to such the Coronavirus Disease (COVID-19).
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H4038 CONGRESSIONAL RECORD — HOUSE July 30, 2020
(c) Requirements relating to non-Federal cost- a total appropriation from the general fund esti- senger motor vehicles (31 U.S.C. 1343(b)); and
share grants and cooperative agreements for the mated at not more than $0. services authorized by 5 U.S.C. 3109, at such
Denali Commission are waived for grants OFFICE OF TERRORISM AND FINANCIAL rates as may be determined by the Inspector
awarded in fiscal year 2020 and in subsequent INTELLIGENCE General for Tax Administration; $171,350,000, of
years in response to economic distress directly which $5,000,000 shall remain available until
SALARIES AND EXPENSES
related to the impacts of the Coronavirus Dis- September 30, 2022; of which not to exceed
ease (COVID-19). For the necessary expenses of the Office of $6,000,000 shall be available for official travel
This Act may be cited as the ‘‘Energy and Terrorism and Financial Intelligence to safe- expenses; of which not to exceed $500,000 shall
Water Development and Related Agencies Ap- guard the financial system against illicit use be available for unforeseen emergencies of a
propriations Act, 2021’’. and to combat rogue nations, terrorist confidential nature, to be allocated and ex-
facilitators, weapons of mass destruction pended under the direction of the Inspector
DIVISION D—FINANCIAL SERVICES AND
proliferators, human rights abusers, money General for Tax Administration; and of which
GENERAL GOVERNMENT APPROPRIA-
launderers, drug kingpins, and other national not to exceed $1,500 shall be available for offi-
TIONS ACT, 2021
security threats, $172,751,000, of which not less cial reception and representation expenses.
That the following sums are appropriated, out than $3,000,000 shall be available for addressing
of any money in the Treasury not otherwise ap- SPECIAL INSPECTOR GENERAL FOR THE TROUBLED
human rights violations and corruption, includ-
propriated, for the fiscal year ending September ASSET RELIEF PROGRAM
ing activities authorized by the Global
30, 2021, and for other purposes, namely: Magnitsky Human Rights Accountability Act SALARIES AND EXPENSES
TITLE I (22 U.S.C. 2656 note): Provided, That of the For necessary expenses of the Office of the
DEPARTMENT OF THE TREASURY amounts appropriated under this heading, up to Special Inspector General in carrying out the
$10,000,000 shall remain available until Sep- provisions of the Emergency Economic Stabiliza-
DEPARTMENTAL OFFICES
tember 30, 2022. tion Act of 2008 (Public Law 110–343),
SALARIES AND EXPENSES $19,000,000.
CYBERSECURITY ENHANCEMENT ACCOUNT
For necessary expenses of the Departmental FINANCIAL CRIMES ENFORCEMENT NETWORK
For salaries and expenses for enhanced cyber-
Offices including operation and maintenance of
security for systems operated by the Department SALARIES AND EXPENSES
the Treasury Building and Freedman’s Bank
of the Treasury, $18,000,000, to remain available For necessary expenses of the Financial
Building; hire of passenger motor vehicles;
until September 30, 2023: Provided, That such Crimes Enforcement Network, including hire of
maintenance, repairs, and improvements of, and
funds shall supplement and not supplant any passenger motor vehicles; travel and training ex-
purchase of commercial insurance policies for,
other amounts made available to the Treasury penses of non-Federal and foreign government
real properties leased or owned overseas, when
offices and bureaus for cybersecurity: Provided personnel to attend meetings and training con-
necessary for the performance of official busi-
further, That of the total amount made avail- cerned with domestic and foreign financial in-
ness; executive direction program activities;
able under this heading $1,000,000 shall be avail- telligence activities, law enforcement, and fi-
international affairs and economic policy activi-
able for administrative expenses for the Treas- nancial regulation; services authorized by 5
ties; domestic finance and tax policy activities,
ury Chief Information Officer to provide over- U.S.C. 3109; not to exceed $12,000 for official re-
including technical assistance to State, local,
sight of the investments made under this head- ception and representation expenses; and for as-
and territorial entities; and Treasury-wide man-
ing: Provided further, That such funds shall sistance to Federal law enforcement agencies,
agement policies and programs activities,
supplement and not supplant any other with or without reimbursement, $126,963,000, of
$231,861,000: Provided, That of the amount ap-
amounts made available to the Treasury Chief which not to exceed $34,335,000 shall remain
propriated under this heading—
Information Officer. available until September 30, 2023.
(1) not to exceed $350,000 is for official recep-
tion and representation expenses; DEPARTMENT-WIDE SYSTEMS AND CAPITAL BUREAU OF THE FISCAL SERVICE
(2) not to exceed $258,000 is for unforeseen INVESTMENTS PROGRAMS SALARIES AND EXPENSES
emergencies of a confidential nature to be allo- (INCLUDING TRANSFER OF FUNDS) For necessary expenses of operations of the
cated and expended under the direction of the For development and acquisition of automatic Bureau of the Fiscal Service, $341,069,000; of
Secretary of the Treasury and to be accounted data processing equipment, software, and serv- which not to exceed $7,733,000, to remain avail-
for solely on the Secretary’s certificate; and ices and for repairs and renovations to buildings able until September 30, 2023, is for information
(3) not to exceed $24,000,000 shall remain owned by the Department of the Treasury, systems modernization initiatives; and of which
available until September 30, 2022, for— $6,000,000, to remain available until September $5,000 shall be available for official reception
(A) the Treasury-wide Financial Statement 30, 2023: Provided, That these funds shall be and representation expenses.
Audit and Internal Control Program; transferred to accounts and in amounts as nec- In addition, $165,000, to be derived from the
(B) information technology modernization re- essary to satisfy the requirements of the Depart- Oil Spill Liability Trust Fund to reimburse ad-
quirements; ment’s offices, bureaus, and other organiza- ministrative and personnel expenses for finan-
(C) the audit, oversight, and administration of tions: Provided further, That this transfer au- cial management of the Fund, as authorized by
the Gulf Coast Restoration Trust Fund; thority shall be in addition to any other transfer section 1012 of Public Law 101–380.
(D) the development and implementation of authority provided in this Act: Provided further, ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
programs within the Office of Cybersecurity and That none of the funds appropriated under this
Critical Infrastructure Protection, including en- SALARIES AND EXPENSES
heading shall be used to support or supplement
tering into cooperative agreements; ‘‘Internal Revenue Service, Operations Sup- For necessary expenses of carrying out section
(E) operations and maintenance of facilities; port’’ or ‘‘Internal Revenue Service, Business 1111 of the Homeland Security Act of 2002, in-
and Systems Modernization’’. cluding hire of passenger motor vehicles,
(F) international operations. $121,804,000; of which not to exceed $6,000 shall
OFFICE OF INSPECTOR GENERAL
COMMITTEE ON FOREIGN INVESTMENT IN THE be available for official reception and represen-
SALARIES AND EXPENSES tation expenses; and of which not to exceed
UNITED STATES FUND
For necessary expenses of the Office of In- $50,000 shall be available for cooperative re-
(INCLUDING TRANSFER OF FUNDS)
spector General in carrying out the provisions of search and development programs for laboratory
For necessary expenses of the Committee on the Inspector General Act of 1978, $41,044,000, services; and provision of laboratory assistance
Foreign Investment in the United States, including hire of passenger motor vehicles; of to State and local agencies with or without re-
$20,000,000, to remain available until expended: which not to exceed $100,000 shall be available imbursement: Provided, That of the amount ap-
Provided, That the chairperson of the Com- for unforeseen emergencies of a confidential na- propriated under this heading, $5,000,000 shall
mittee may transfer such amounts to any de- ture, to be allocated and expended under the di- be for the costs of accelerating the processing of
partment or agency represented on the Com- rection of the Inspector General of the Treasury; formula and label applications: Provided fur-
mittee (including the Department of the Treas- of which up to $2,800,000 to remain available ther, That of the amount appropriated under
ury) subject to advance notification to the Com- until September 30, 2022, shall be for audits and this heading, $5,000,000, to remain available
mittees on Appropriations of the House of Rep- investigations conducted pursuant to section until September 30, 2022, shall be for the costs
resentatives and the Senate: Provided further, 1608 of the Resources and Ecosystems Sustain- associated with enforcement of and education
That amounts so transferred shall remain avail- ability, Tourist Opportunities, and Revived regarding the trade practice provisions of the
able until expended for expenses of imple- Economies of the Gulf Coast States Act of 2012 Federal Alcohol Administration Act (27 U.S.C.
menting section 721 of the Defense Production (33 U.S.C. 1321 note); and of which not to exceed 201 et seq.).
Act of 1950, as amended (50 U.S.C. 4565), and $1,000 shall be available for official reception UNITED STATES MINT
shall be available in addition to any other funds and representation expenses.
available to any department or agency: Pro- UNITED STATES MINT PUBLIC ENTERPRISE FUND
TREASURY INSPECTOR GENERAL FOR TAX
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vided further, That fees authorized by section Pursuant to section 5136 of title 31, United
ADMINISTRATION
721(p) of such Act shall be credited to this ap- States Code, the United States Mint is provided
propriation as offsetting collections: Provided SALARIES AND EXPENSES funding through the United States Mint Public
further, That the total amount appropriated For necessary expenses of the Treasury In- Enterprise Fund for costs associated with the
under this heading from the general fund shall spector General for Tax Administration in car- production of circulating coins, numismatic
be reduced as such offsetting collections are re- rying out the Inspector General Act of 1978, as coins, and protective services, including both
ceived during fiscal year 2021, so as to result in amended, including purchase and hire of pas- operating expenses and capital investments:
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4039
Provided, That the aggregate amount of new li- able financing and technical assistance to ex- 3109, at such rates as may be determined by the
abilities and obligations incurred during fiscal pand the availability of healthy food options in Commissioner, $5,206,246,000, of which not to ex-
year 2021 under such section 5136 for circulating distressed communities; ceed $250,000,000 shall remain available until
coinage and protective service capital invest- (5) not less than $10,000,000 is available until September 30, 2022, and of which not less than
ments of the United States Mint shall not exceed September 30, 2022, to provide grants for loan $60,257,000 shall be for the Interagency Crime
$50,000,000. loss reserve funds and to provide technical as- and Drug Enforcement program.
COMMUNITY DEVELOPMENT FINANCIAL sistance for small dollar loan programs under OPERATIONS SUPPORT
INSTITUTIONS FUND PROGRAM ACCOUNT section 122 of Public Law 103–325 (12 U.S.C. For necessary expenses of the Internal Rev-
To carry out the Riegle Community Develop- 4719): Provided, That sections 108(d) and enue Service to support taxpayer services and
ment and Regulatory Improvement Act of 1994 122(b)(2) of such Public Law shall not apply to enforcement programs, including rent payments;
(subtitle A of title I of Public Law 103–325), in- the provision of such grants and technical as- facilities services; printing; postage; physical se-
cluding services authorized by section 3109 of sistance; curity; headquarters and other IRS-wide admin-
title 5, United States Code, but at rates for indi- (6) up to $29,500,000 is available until Sep- istration activities; research and statistics of in-
viduals not to exceed the per diem rate equiva- tember 30, 2021, for administrative expenses, in- come; telecommunications; information tech-
lent to the rate for EX–III, $273,500,000. Of the cluding administration of CDFI Fund programs nology development, enhancement, operations,
amount appropriated under this heading— and the New Markets Tax Credit Program, of maintenance, and security; the hire of passenger
(1) not less than $171,000,000, notwithstanding which not less than $1,000,000 is for development motor vehicles (31 U.S.C. 1343(b)); the operations
section 108(e) of Public Law 103–325 (12 U.S.C. of tools to better assess and inform CDFI invest- of the Internal Revenue Service Oversight
4707(e)) with regard to Small and/or Emerging ment performance, and up to $300,000 is for ad- Board; and other services as authorized by 5
Community Development Financial Institutions ministrative expenses to carry out the direct U.S.C. 3109, at such rates as may be determined
Assistance awards, is available until September loan program; and by the Commissioner; $4,057,691,000, of which
30, 2022, for financial assistance and technical (7) during fiscal year 2021, none of the funds not to exceed $250,000,000 shall remain available
assistance under subparagraphs (A) and (B) of available under this heading are available for until September 30, 2022; of which not to exceed
section 108(a)(1), respectively, of Public Law the cost, as defined in section 502 of the Con- $10,000,000 shall remain available until ex-
103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of gressional Budget Act of 1974, of commitments to pended for acquisition of equipment and con-
which up to $1,600,000 may be available for guarantee bonds and notes under section 114A struction, repair and renovation of facilities; of
training and outreach under section 109 of Pub- of the Riegle Community Development and Reg- which not to exceed $1,000,000 shall remain
lic Law 103–325 (12 U.S.C. 4708), of which up to ulatory Improvement Act of 1994 (12 U.S.C. available until September 30, 2023, for research;
$2,375,000 may be used for the cost of direct 4713a): Provided, That commitments to guar- of which not to exceed $20,000 shall be for offi-
loans, and of which up to $6,000,000, notwith- antee bonds and notes under such section 114A cial reception and representation expenses: Pro-
standing subsection (d) of section 108 of Public shall not exceed $500,000,000: Provided further, vided, That not later than 30 days after the end
Law 103–325 (12 U.S.C. 4707 (d)), may be avail- That such section 114A shall remain in effect of each quarter, the Internal Revenue Service
until December 31, 2021: Provided further, That shall submit a report to the Committees on Ap-
able to provide financial assistance, technical
of the funds awarded under this heading, not propriations of the House of Representatives
assistance, training, and outreach to community
less than 10 percent shall be used for awards and the Senate and the Comptroller General de-
development financial institutions to expand in-
that support investments that serve populations tailing the cost and schedule performance for its
vestments that benefit individuals with disabil-
living in persistent poverty counties: Provided major information technology investments, in-
ities: Provided, That the cost of direct and guar-
further, That for the purposes of this paragraph cluding the purpose and life-cycle stages of the
anteed loans, including the cost of modifying
and paragraph (1), the term ‘‘persistent poverty investments; the reasons for any cost and sched-
such loans, shall be as defined in section 502 of
counties’’ means any county, including county ule variances; the risks of such investments and
the Congressional Budget Act of 1974: Provided
equivalent areas in Puerto Rico, that has had 20 strategies the Internal Revenue Service is using
further, That these funds are available to sub-
percent or more of its population living in pov- to mitigate such risks; and the expected develop-
sidize gross obligations for the principal amount mental milestones to be achieved and costs to be
of direct loans not to exceed $25,000,000: Pro- erty over the past 30 years, as measured by the
1990 and 2000 decennial censuses and the 2011– incurred in the next quarter: Provided further,
vided further, That of the funds provided under That the Internal Revenue Service shall include,
this paragraph, excluding those made to commu- 2015 5-year data series available from the Amer-
ican Community Survey of the Bureau of the in its budget justification for fiscal year 2022, a
nity development financial institutions to ex- summary of cost and schedule performance in-
pand investments that benefit individuals with Census or any other territory or possession of
the United States that has had 20 percent or formation for its major information technology
disabilities and those made to community devel- systems.
opment financial institutions that serve popu- more of its population living in poverty over the
past 30 years, as measured by the 1990, 2000, and BUSINESS SYSTEMS MODERNIZATION
lations living in persistent poverty counties, the
CDFI Fund shall prioritize Financial Assistance 2010 Island Areas Decennial Censuses, or equiv- For necessary expenses of the Internal Rev-
awards to organizations that invest and lend in alent data, of the Bureau of the Census. enue Service’s business systems modernization
high-poverty areas: Provided further, That for INTERNAL REVENUE SERVICE program, $250,000,000, to remain available until
purposes of this section, the term ‘‘high-poverty September 30, 2023, for the capital asset acquisi-
TAXPAYER SERVICES
area’’ means any census tract with a poverty tion of information technology systems, includ-
For necessary expenses of the Internal Rev- ing management and related contractual costs
rate of at least 20 percent as measured by the enue Service to provide taxpayer services, in-
2011–2015 5-year data series available from the of said acquisitions, including related Internal
cluding pre-filing assistance and education, fil- Revenue Service labor costs, and contractual
American Community Survey of the Bureau of ing and account services, taxpayer advocacy costs associated with operations authorized by 5
the Census for all States and Puerto Rico or services, and other services as authorized by 5 U.S.C. 3109: Provided, That not later than 30
with a poverty rate of at least 20 percent as U.S.C. 3109, at such rates as may be determined days after the end of each quarter, the Internal
measured by the 2010 Island areas Decennial by the Commissioner, $2,602,554,000, of which Revenue Service shall submit a report to the
Census data for any territory or possession of not less than $11,000,000 shall be for the Tax Committees on Appropriations of the House of
the United States; Counseling for the Elderly Program, of which Representatives and the Senate and the Comp-
(2) Not less than $16,000,000, notwithstanding not less than $13,000,000 shall be available for troller General detailing the cost and schedule
section 108(e) of Public Law 103–325 (12 U.S.C. low-income taxpayer clinic grants, of which not performance for major information technology
4707(e)), is available until September 30, 2022, for less than $28,000,000, to remain available until investments, including the purposes and life-
financial assistance, technical assistance, train- September 30, 2022, shall be available for the cycle stages of the investments; the reason for
ing, and outreach programs designed to benefit Community Volunteer Income Tax Assistance any cost and schedule variances; the risks of
Native American, Native Hawaiian, and Alaska Matching Grants Program for tax return prepa- such investments and the strategies the Internal
Native communities and provided primarily ration assistance, and of which not less than Revenue Service is using to mitigate such risks;
through qualified community development lend- $211,000,000 shall be available for operating ex- and the expected developmental milestones to be
er organizations with experience and expertise penses of the Taxpayer Advocate Service: Pro- achieved and costs to be incurred in the next
in community development banking and lending vided, That of the amounts made available for quarter.
in Indian country, Native American organiza- the Taxpayer Advocate Service, not less than ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE
tions, tribes and tribal organizations, and other $5,500,000 shall be for identity theft and refund SERVICE
suitable providers; fraud casework.
(3) not less than $25,000,000 is available until (INCLUDING TRANSFERS OF FUNDS)
September 30, 2022, for the Bank Enterprise ENFORCEMENT SEC. 101. Not to exceed 4 percent of the appro-
Award program; For necessary expenses for tax enforcement priation made available in this Act to the Inter-
(4) not less than $22,000,000, notwithstanding activities of the Internal Revenue Service to de- nal Revenue Service under the ‘‘Enforcement’’
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subsections (d) and (e) of section 108 of Public termine and collect owed taxes, to provide legal heading, and not to exceed 5 percent of any
Law 103–325 (12 U.S.C. 4707(d) and (e)), is avail- and litigation support, to conduct criminal in- other appropriation made available in this Act
able until September 30, 2022, for a Healthy vestigations, to enforce criminal statutes related to the Internal Revenue Service, may be trans-
Food Financing Initiative to provide financial to violations of internal revenue laws and other ferred to any other Internal Revenue Service ap-
assistance, technical assistance, training, and financial crimes, to purchase and hire passenger propriation upon the advance approval of the
outreach to community development financial motor vehicles (31 U.S.C. 1343(b)), and to pro- Committees on Appropriations of the House of
institutions for the purpose of offering afford- vide other services as authorized by 5 U.S.C. Representatives and the Senate.
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H4040 CONGRESSIONAL RECORD — HOUSE July 30, 2020
SEC. 102. The Internal Revenue Service shall fer, and in addition to such other funds as may the explicit approval of the House Committee on
maintain an employee training program, which be available for such purposes, for facilities and Financial Services; the Senate Committee on
shall include the following topics: taxpayers’ information technology expenses: Provided fur- Banking, Housing, and Urban Affairs; and the
rights, dealing courteously with taxpayers, ther, That transfer authority under this section Committees on Appropriations of the House of
cross-cultural relations, ethics, and the impar- shall be in addition to any other transfer au- Representatives and the Senate.
tial application of tax law. thority provided in this Act: Provided further, SEC. 119. Funds appropriated by this Act, or
SEC. 103. The Internal Revenue Service shall That amounts in the Fund may be obligated made available by the transfer of funds in this
institute and enforce policies and procedures only after the Committees on Appropriations of Act, for the Department of the Treasury’s intel-
that will safeguard the confidentiality of tax- the House of Representatives and the Senate are ligence or intelligence related activities are
payer information and protect taxpayers notified at least 15 days in advance of the deemed to be specifically authorized by the Con-
against identity theft. planned use of funds: Provided further, That gress for purposes of section 504 of the National
SEC. 104. Funds made available by this or any the Internal Revenue Service shall include in Security Act of 1947 (50 U.S.C. 414) during fiscal
other Act to the Internal Revenue Service shall the annual operating plan required under sec- year 2021 until the enactment of the Intelligence
be available for improved facilities and in- tion 608 of this Act a report on the unobligated Authorization Act for Fiscal Year 2021.
creased staffing to provide sufficient and effec- balances of the Internal Revenue Service Non- SEC. 120. Not to exceed $5,000 shall be made
tive 1–800 help line service for taxpayers. The recurring Expenses Fund and a plan for the use available from the Bureau of Engraving and
Commissioner shall continue to make improve- of such funds. Printing’s Industrial Revolving Fund for nec-
ments to the Internal Revenue Service 1–800 help essary official reception and representation ex-
ADMINISTRATIVE PROVISIONS—DEPARTMENT OF penses.
line service a priority and allocate resources THE TREASURY
necessary to enhance the response time to tax- SEC. 121. The Secretary of the Treasury shall
(INCLUDING TRANSFERS OF FUNDS) submit a Capital Investment Plan to the Com-
payer communications, particularly with regard
to victims of tax-related crimes. SEC. 112. Appropriations to the Department of mittees on Appropriations of the House of Rep-
SEC. 105. The Internal Revenue Service shall the Treasury in this Act shall be available for resentatives and the Senate not later than 30
issue a notice of confirmation of any address uniforms or allowances therefor, as authorized days following the submission of the annual
change relating to an employer making employ- by law (5 U.S.C. 5901), including maintenance, budget submitted by the President: Provided,
ment tax payments, and such notice shall be repairs, and cleaning; purchase of insurance for That such Capital Investment Plan shall in-
sent to both the employer’s former and new ad- official motor vehicles operated in foreign coun- clude capital investment spending from all ac-
dress and an officer or employee of the Internal tries; purchase of motor vehicles without regard counts within the Department of the Treasury,
Revenue Service shall give special consideration to the general purchase price limitations for ve- including but not limited to the Department-
hicles purchased and used overseas for the cur- wide Systems and Capital Investment Programs
to an offer-in-compromise from a taxpayer who
rent fiscal year; entering into contracts with the account, Treasury Franchise Fund account,
has been the victim of fraud by a third party
Department of State for the furnishing of health and the Treasury Forfeiture Fund account: Pro-
payroll tax preparer.
SEC. 106. None of the funds made available and medical services to employees and their de- vided further, That such Capital Investment
under this Act may be used by the Internal Rev- pendents serving in foreign countries; and serv- Plan shall include expenditures occurring in
enue Service to target citizens of the United ices authorized by 5 U.S.C. 3109. previous fiscal years for each capital investment
SEC. 113. Not to exceed 2 percent of any appro- project that has not been fully completed.
States for exercising any right guaranteed under
priations in this title made available under the SEC. 122. Within 45 days after the date of en-
the First Amendment to the Constitution of the actment of this Act, the Secretary of the Treas-
United States. headings ‘‘Departmental Offices—Salaries and
Expenses’’, ‘‘Office of Terrorism and Financial ury shall submit an itemized report to the Com-
SEC. 107. None of the funds made available in
Intelligence’’ , ‘‘Financial Crimes Enforcement mittees on Appropriations of the House of Rep-
this Act may be used by the Internal Revenue
Network’’, ‘‘Bureau of the Fiscal Service’’, and resentatives and the Senate on the amount of
Service to target groups for regulatory scrutiny
‘‘Alcohol and Tobacco Tax and Trade Bureau’’ total funds charged to each office by the Fran-
based on their ideological beliefs.
may be transferred between such appropriations chise Fund including the amount charged for
SEC. 108. None of funds made available by this
upon the advance approval of the Committees each service provided by the Franchise Fund to
Act to the Internal Revenue Service shall be ob-
on Appropriations of the House of Representa- each office, a detailed description of the serv-
ligated or expended on conferences that do not
tives and the Senate: Provided, That no transfer ices, a detailed explanation of how each charge
adhere to the procedures, verification processes,
under this section may increase or decrease any for each service is calculated, and a description
documentation requirements, and policies issued
such appropriation by more than 2 percent. of the role customers have in governing in the
by the Chief Financial Officer, Human Capital
SEC. 114. Not to exceed 2 percent of any ap- Franchise Fund.
Office, and Agency-Wide Shared Services as a SEC. 123. (a) Not later than 60 days after the
result of the recommendations in the report pub- propriation made available in this Act to the In-
ternal Revenue Service may be transferred to end of each quarter, the Office of Financial Sta-
lished on May 31, 2013, by the Treasury Inspec- bility and the Office of Financial Research shall
tor General for Tax Administration entitled the Treasury Inspector General for Tax Admin-
istration’s appropriation upon the advance ap- submit reports on their activities to the Commit-
‘‘Review of the August 2010 Small Business/Self- tees on Appropriations of the House of Rep-
Employed Division’s Conference in Anaheim, proval of the Committees on Appropriations of
the House of Representatives and the Senate: resentatives and the Senate, the Committee on
California’’ (Reference Number 2013–10–037). Financial Services of the House of Representa-
SEC. 109. None of the funds made available in Provided, That no transfer may increase or de-
crease any such appropriation by more than 2 tives, and the Senate Committee on Banking,
this Act to the Internal Revenue Service may be
percent. Housing, and Urban Affairs.
obligated or expended— (b) The reports required under subsection (a)
(1) to make a payment to any employee under SEC. 115. None of the funds appropriated in
shall include—
a bonus, award, or recognition program; or this Act or otherwise available to the Depart-
(1) the obligations made during the previous
(2) under any hiring or personnel selection ment of the Treasury or the Bureau of Engrav-
quarter by object class, office, and activity;
process with respect to re-hiring a former em- ing and Printing may be used to redesign the $1 (2) the estimated obligations for the remainder
ployee; Federal Reserve note. of the fiscal year by object class, office, and ac-
unless such program or process takes into ac- SEC. 116. The Secretary of the Treasury may tivity;
count the conduct and Federal tax compliance transfer funds from the ‘‘Bureau of the Fiscal (3) the number of full-time equivalents within
of such employee or former employee. Service—Salaries and Expenses’’ to the Debt each office during the previous quarter;
SEC. 110. None of the funds made available by Collection Fund as necessary to cover the costs (4) the estimated number of full-time equiva-
this Act may be used in contravention of section of debt collection: Provided, That such amounts lents within each office for the remainder of the
6103 of the Internal Revenue Code of 1986 (relat- shall be reimbursed to such salaries and ex- fiscal year; and
ing to confidentiality and disclosure of returns penses account from debt collections received in (5) actions taken to achieve the goals, objec-
and return information). the Debt Collection Fund. tives, and performance measures of each office.
SEC. 111. There is hereby established in the SEC. 117. None of the funds appropriated or (c) At the request of any such Committees
Treasury of the United States a fund to be otherwise made available by this or any other specified in subsection (a), the Office of Finan-
known as the ‘‘Internal Revenue Service Non- Act may be used by the United States Mint to cial Stability and the Office of Financial Re-
recurring Expenses Fund’’: Provided, That un- construct or operate any museum without the search shall make officials available to testify
obligated balances of expired discretionary explicit approval of the Committees on Appro- on the contents of the reports required under
funds appropriated in this or any succeeding priations of the House of Representatives and subsection (a).
fiscal year from the General Fund of the Treas- the Senate, the House Committee on Financial SEC. 124. Notwithstanding any other provision
ury to the Internal Revenue Service by this or Services, and the Senate Committee on Banking, of law, none of the funds available in the De-
any other Act may be transferred (not later Housing, and Urban Affairs. partment of the Treasury Forfeiture Fund es-
than the end of the fifth fiscal year after the SEC. 118. None of the funds appropriated or tablished by section 9705 of title 31, United
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last fiscal year for which such funds are avail- otherwise made available by this or any other States Code, may be obligated, expended, or
able for the purposes for which appropriated) Act or source to the Department of the Treas- used to plan, design, construct, or carry out a
into the Internal Revenue Service Nonrecurring ury, the Bureau of Engraving and Printing, and project to construct a wall, barrier, fence, or
Expenses Fund: Provided further, That amounts the United States Mint, individually or collec- road along the southern border of the United
deposited in the Fund pursuant to this section tively, may be used to consolidate any or all States, or a road to provide access to a wall,
shall remain available for obligation for three functions of the Bureau of Engraving and barrier, or fence constructed along the southern
fiscal years after the fiscal year of such trans- Printing and the United States Mint without border of the United States.
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July 30, 2020 CONGRESSIONAL RECORD — HOUSE H4041
This title may be cited as the ‘‘Department of imbursed as of the date of the report: Provided water resource planning process: Provided fur-
the Treasury Appropriations Act, 2021’’. further, That the Executive Residence shall ther, That the Office of Management and Budg-
TITLE II maintain a system for the tracking of expenses et shall have not more than 60 days in which to
related to reimbursable events within the Execu- perform budgetary policy reviews of water re-
EXECUTIVE OFFICE OF THE PRESIDENT
tive Residence that includes a standard for the source matters on which the Chief of Engineers
AND FUNDS APPROPRIATED TO THE
classification of any such expense as political or has reported: Provided further, That the Direc-
PRESIDENT
nonpolitical: Provided further, That no provi- tor of the Office of Management and Budget
THE WHITE HOUSE sion of this paragraph may be construed to ex- shall notify the appropriate authorizing and ap-
SALARIES AND EXPENSES empt the Executive Residence from any other propriating committees when the 60-day review
For necessary expenses for the White House as applicable requirement of subchapter I or II of is initiated: Provided further, That if water re-
authorized by law, including not to exceed chapter 37 of title 31, United States Code. source reports have not been transmitted to the
$3,850,000 for services as authorized by 5 U.S.C. WHITE HOUSE REPAIR AND RESTORATION appropriate authorizing and appropriating com-
3109 and 3 U.S.C. 105; subsistence expenses as mittees within 15 days after the end of the Of-
For the repair, alteration, and improvement of
authorized by 3 U.S.C. 105, which shall be ex- fice of Management and Budget review period
the Executive Residence at the White House
pended and accounted for as provided in that based on the notification from the Director,
pursuant to 3 U.S.C. 105(d), $1,625,000, to re-
section; hire of passenger motor vehicles, and Congress shall assume Office of Management
main available until expended, for required
travel (not to exceed $100,000 to be expended and and Budget concurrence with the report and act
maintenance, resolution of safety and health
accounted for as provided by 3 U.S.C. 103); and accordingly.
issues, and continued preventative mainte-
not to exceed $19,000 for official reception and nance. INTELLECTUAL PROPERTY ENFORCEMENT
representation expenses, to be available for allo- COORDINATOR
COUNCIL OF ECONOMIC ADVISERS
cation within the Executive Office of the Presi- For necessary expenses of the Office of the In-
dent; and for necessary expenses of the Office of SALARIES AND EXPENSES tellectual Property Enforcement Coordinator, as
Policy Development, including services as au- For necessary expenses of the Council of Eco- authorized by title III of the Prioritizing Re-
thorized by 5 U.S.C. 3109 and 3 U.S.C. 107, nomic Advisers in carrying out its functions sources and Organization for Intellectual Prop-
$55,000,000. under the Employment Act of 1946 (15 U.S.C. erty Act of 2008 (Public Law 110–403), including
EXECUTIVE RESIDENCE AT THE WHITE HOUSE 1021 et seq.), $4,000,000. services authorized by 5 U.S.C. 3109, $1,300,000.
OPERATING EXPENSES NATIONAL SECURITY COUNCIL AND HOMELAND OFFICE OF NATIONAL DRUG CONTROL POLICY
SECURITY COUNCIL SALARIES AND EXPENSES
For necessary expenses of the Executive Resi-
dence at the White House, $13,641,000, to be ex- SALARIES AND EXPENSES For necessary expenses of the Office of Na-
pended and accounted for as provided by 3 For necessary expenses of the National Secu- tional Drug Control Policy; for research activi-
U.S.C. 105, 109, 110, and 112–114. rity Council and the Homeland Security Coun- ties pursuant to the Office of National Drug
REIMBURSABLE EXPENSES cil, including services as authorized by 5 U.S.C. Control Policy Reauthorization Act of 1998; not
3109, $12,500,000, of which not to exceed $5,000 to exceed $10,000 for official reception and rep-
For the reimbursable expenses of the Execu- resentation expenses; and for participation in
tive Residence at the White House, such sums as shall be available for official reception and rep-
resentation expenses. joint projects or in the provision of services on
may be necessary: Provided, That all reimburs- matters of mutual interest with nonprofit, re-
able operating expenses of the Executive Resi- OFFICE OF ADMINISTRATION
search, or public organizations or agencies, with
dence shall be made in accordance with the pro- SALARIES AND EXPENSES or without reimbursement, $18,400,000: Provided,
visions of this paragraph: Provided further, For necessary expenses of the Office of Ad- That the Office is authorized to accept, hold,
That, notwithstanding any other provision of ministration, including services as authorized by administer, and utilize gifts, both real and per-
law, such amount for reimbursable operating ex- 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of pas- sonal, public and private, without fiscal year
penses shall be the exclusive authority of the senger motor vehicles, $96,000,000, of which not limitation, for the purpose of aiding or facili-
Executive Residence to incur obligations and to to exceed $12,800,000 shall remain available until tating the work of the Office.
receive offsetting collections, for such expenses: expended for continued modernization of infor- FEDERAL DRUG CONTROL PROGRAMS
Provided further, That the Executive Residence mation resources within the Executive Office of
shall require each person sponsoring a reimburs- HIGH INTENSITY DRUG TRAFFICKING AREAS
the President. PROGRAM
able political event to pay in advance an
OFFICE OF MANAGEMENT AND BUDGET (INCLUDING TRANSFERS OF FUNDS)
amount equal to the estimated cost of the event,
and all such advance payments shall be credited SALARIES AND EXPENSES For necessary expenses of the Office of Na-
to this account and remain available until ex- For necessary expenses of the Office of Man- tional Drug Control Policy’s High Intensity
pended: Provided further, That the Executive agement and Budget, including hire of pas- Drug Trafficking Areas Program, $290,000,000,
Residence shall require the national committee senger motor vehicles and services as authorized to remain available until September 30, 2022, for
of the political party of the President to main- by 5 U.S.C. 3109, to carry out the provisions of drug control activities consistent with the ap-
tain on deposit $25,000, to be separately ac- chapter 35 of title 44, United States Code, and to proved strategy for each of the designated High
counted for and available for expenses relating prepare and submit the budget of the United Intensity Drug Trafficking Areas (‘‘HIDTAs’’),
to reimbursable political events sponsored by States Government, in accordance with section of which not less than 51 percent shall be trans-
such committee during such fiscal year: Pro- 1105(a) of title 31, United States Code, ferred to State and local entities for drug control
vided further, That the Executive Residence $107,245,000, of which not to exceed $3,000 shall activities and shall be obligated not later than
shall ensure that a written notice of any be available for official representation expenses: 120 days after enactment of this Act: Provided,
amount owed for a reimbursable operating ex- Provided, That none of the funds appropriated That up to 49 percent may be transferred to
pense under this paragraph is submitted to the in this Act for the Office of Management and Federal agencies and departments in amounts
person owing such amount within 60 days after Budget may be used for the purpose of review- determined by the Director of the Office of Na-
such expense is incurred, and that such amount ing any agricultural marketing orders or any tional Drug Control Policy, of which up to
is collected within 30 days after the submission activities or regulations under the provisions of $2,700,000 may be used for auditing services and
of such notice: Provided further, That the Exec- the Agricultural Marketing Agreement Act of associated activities: Provided further, That any
utive Residence shall charge interest and assess 1937 (7 U.S.C. 601 et seq.): Provided further, unexpended funds obligated prior to fiscal year
penalties and other charges on any such That none of the funds made available for the 2019 may be used for any other approved activi-
amount that is not reimbursed within such 30 Office of Management and Budget by this Act ties of that HIDTA, subject to reprogramming
days, in accordance with the interest and pen- may be expended for the altering of the tran- requirements: Provided further, That each
alty provisions applicable to an outstanding script of actual testimony of witnesses, except HIDTA designated as of September 30, 2020,
debt on a United States Government claim under for testimony of officials of the Office of Man- shall be funded at not less than the fiscal year
31 U.S.C. 3717: Provided further, That each such agement and Budget, before the Committees on 2020 base level, unless the Director submits to
amount that is reimbursed, and any accom- Appropriations or their subcommittees: Provided the Committees on Appropriations of the House
panying interest and charges, shall be deposited further, That none of the funds made available of Representatives and the Senate justification
in the Treasury as miscellaneous receipts: Pro- for the Office of Management and Budget by for changes to those levels based on clearly ar-
vided further, That the Executive Residence this Act may be expended for the altering of the ticulated priorities and published Office of Na-
shall prepare and submit to the Committees on annual work plan developed by the Corps of En- tional Drug Control Policy performance meas-
Appropriations, not later than 90 days after the gineers for submission to the Committees on Ap- ures of effectiveness: Provided further, That the
end of the fiscal year covered by this Act, a re- propriations: Provided further, That none of the Director shall notify the Committees on Appro-
port setting forth the reimbursable operating ex- funds provided in this or prior Acts shall be priations of the initial allocation of fiscal year
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penses of the Executive Residence during the used, directly or indirectly, by the Office of 2021 funding among HIDTAs not later than 45
preceding fiscal year, including the total Management and Budget, for evaluating or de- days after enactment of this Act, and shall no-
amount of such expenses, the amount of such termining if water resource project or study re- tify the Committees of planned uses of discre-
total that consists of reimbursable official and ports submitted by the Chief of Engineers acting tionary HIDTA funding, as determined in con-
ceremonial events, the amount of such total that through the Secretary of the Army are in com- sultation with the HIDTA Directors, not later
consists of reimbursable political events, and the pliance with all applicable laws, regulations, than 90 days after enactment of this Act: Pro-
portion of each such amount that has been re- and requirements relevant to the Civil Works vided further, That upon a determination that
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