Highlights
This bill provides FY2020 appropriations for several federal departments and agencies.
It includes 4 of the 12 regular FY2020 appropriations bills:
The departments and agencies funded in the bill include
Full Summary
Consolidated Appropriations Act, 2020
(Sec. 3) This section provides that references to this Act included in any division of this bill refer only to the provisions of the division unless the bill expressly provides otherwise.
(Sec. 4) This section provides that the explanatory statement printed in the Congressional Record regarding this bill has the same effect as a joint explanatory statement of a conference committee.
(Sec. 5) This section specifies that the sums in this bill are appropriated for FY2020.
(Sec. 6) This section provides that amounts designated by this bill for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020
Department of Defense Appropriations Act, 2020
This division provides FY2020 appropriations to the Department of Defense (DOD) for military activities.
It does not include funding for military construction, military family housing, civil works projects of the Army Corps of Engineers, and nuclear warheads, which are all considered in other appropriations bills.
The division includes additional Overseas Contingency Operations (OCO)/ Global War on Terrorism funding for several DOD accounts. OCO funding is not subject to discretionary spending limits and other budget enforcement procedures.
TITLE I--MILITARY PERSONNEL
This title provides appropriations for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force, and for National Guard personnel in the Army and Air Force.
TITLE II--OPERATION AND MAINTENANCE
This title provides appropriations for Operation and Maintenance (O&M) for the military departments, including
It also provides appropriations for
TITLE III--PROCUREMENT
This title provides appropriations for Procurement by the military departments, including
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
This title provides appropriations for Research, Development, Test, and Evaluation (RDT&E) by the military departments and defense agencies.
It also provides appropriations for Operational Test and Evaluation.
TITLE V--REVOLVING AND MANAGEMENT FUNDS
This title provides appropriations for the Defense Working Capital Funds.
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
This title provides appropriations for other DOD programs, including
TITLE VII--RELATED AGENCIES
This title provides appropriations for (1) the Central Intelligence Agency Retirement and Disability System Fund, and (2) the Intelligence Community Management Account.
TITLE VIII--GENERAL PROVISIONS
(Sec. 8001) This section prohibits funds provided by this division from being used for publicity or propaganda purposes not authorized by Congress.
(Sec. 8002) This section exempts DOD from laws prohibiting the compensation or employment of foreign nationals and specifies conditions that must be met for the exemption.
(Sec. 8003) This section prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year unless this division expressly provides otherwise.
(Sec. 8004) This section limits the obligation of certain funds provided by this division during the last two months of the fiscal year. It includes exceptions for obligations for the support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps.
(Sec. 8005) This section specifies authorities and restrictions for transferring specified funds provided by this division for other military functions.
(Sec. 8006) This section requires tables included in the explanatory statement accompanying this division to be treated as if they were included in the text of this division.
(Sec. 8007) This section requires DOD to submit a report to Congress to establish the baseline for the application of reprogramming and transfer authorities for FY2020. Funds provided by this division may not be reprogrammed or transferred until the report is provided or DOD certifies to Congress that the reprogramming or transfer is necessary as an emergency requirement. The section includes exceptions for (1) the Environmental Restoration accounts, and (2) Drug Interdiction and Counter-drug activities.
(Sec. 8008) This section prohibits cash balances in DOD Working Capital Funds from exceeding the level necessary for cash disbursements to be made from the funds. It also sets forth requirements and limitations for transfers of balances in the funds to specified accounts.
(Sec. 8009) This section prohibits funds provided by this division from being used to initiate a special access program without notifying Congress in advance.
(Sec. 8010) This section establishes authorities, restrictions, and requirements for using funds provided by this division to initiate or terminate certain multiyear procurement contracts.
(Sec. 8011) This section appropriates O&M funds for the costs of humanitarian and civic assistance provided in conjunction with military operations.
(Sec. 8012) This section prohibits DOD from managing civilian personnel on the basis of any end-strength or subjecting civilian personnel to any end-strength limitations.
(Sec. 8013) This section prohibits funds provided by this division from being used to directly or indirectly influence congressional action on legislation or appropriation matters pending before Congress.
(Sec. 8014) This section prohibits compensation from being paid to any member of the Army participating as a full-time student and receiving benefits paid by the Department of Veterans Affairs from the DOD Education Benefits Fund if the time spent as a student is counted toward the member's service commitment. It applies the restriction only to active components of the Army and exempts members that have reenlisted with this option prior to October 1, 1987.
(Sec. 8015) This section permits funds appropriated in title III of this division for the DOD Pilot Mentor-Protege Program to be transferred to any other account contained in this division to implement a developmental assistance agreement under the program.
(Sec. 8016) This section prohibits DOD from purchasing certain anchor and mooring chains unless they are manufactured in the United States. It permits a waiver if adequate domestic supplies are not available to meet DOD requirements on a timely basis, and DOD certifies to Congress that the acquisition must be made for national security purposes.
(Sec. 8017) This section prohibits funds provided by this division from being used to reduce strategic delivery vehicles and launchers below levels necessary to implement the New Strategic Arms Reduction Treaty (New START), as set forth in a report provided to Congress pursuant to the National Defense Authorization Act for Fiscal Year 2012.
(Sec. 8018) This section prohibits funds provided by this division from being used to support the procurement of malt beverages and wine with nonappropriated funds for resale on a military installation located in the United States, unless the beverages are procured within the state in which the installation is located and specified conditions are met.
(Sec. 8019) This section prohibits DOD funds from being used to demilitarize or dispose of certain small firearms or small arms ammunition, or ammunition components that are not otherwise prohibited from commercial sale under federal law, unless the Army has certified that the small arms, ammunition, or components are unserviceable or unsafe for further use.
(Sec. 8020) This section limits funding for a single relocation of any DOD entity into or within the National Capital Region. It permits DOD to waive the limitation by certifying to Congress that a relocation is required in the best interest of the government.
(Sec. 8021) This section provides specified funds for incentive payments for federal contracts involving contractors, subcontractors, or suppliers that are Native American organizations or Native American-owned economic enterprises.
(Sec. 8022) This section prohibits funds provided by this division for the Defense Media Activity from being used for national or international political or psychological activities.
(Sec. 8023) This section permits DOD to incur obligations of up to $350 million for military compensation, construction projects, and supplies and services in anticipation of contributions from the government of Kuwait.
(Sec. 8024) This section provides appropriations from Air Force accounts to the Civil Air Patrol Corporation, including from
It also specifies that the Air Force should waive reimbursement for funds used by the Civil Air Patrol for counter-drug activities in support of federal, state, and local government agencies.
(Sec. 8025) This section prohibits funds provided by this division from being used to establish a new DOD federally-funded research and development center (FFRDC). It also limits compensation for consultants and members of certain entities of a defense FFRDC.
The section prohibits a defense FFRDC from using FY2020 DOD funds for construction of new buildings not located on a military installation, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions.
In addition, the section limits the staff years that may be funded for FFRDCs from FY2020 funds and requires DOD to submit a report on the allocation of staff years with the FY2021 budget request.
(Sec. 8026) This section prohibits DOD from using funds provided by this division to procure carbon, alloy, or armor steel plating not melted and rolled in the United States or Canada. It permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security purposes.
(Sec. 8027) This section specifies that congressional defense committees includes the Senate and House Armed Services Committees and Appropriations Subcommittees on Defense.
(Sec. 8028) This section permits DOD to acquire the modification, depot maintenance, and repair of aircraft, vehicles, and vessels; and production of components and other defense-related articles through competition between DOD depot maintenance activities and private firms.
(Sec. 8029) This section revokes blanket waivers of the Buy American Act if DOD determines that a country has violated the terms of a specified reciprocal defense procurement memorandum of understanding by discriminating against products that are produced in the United States and covered by the agreement.
(Sec. 8030) This section permits funds in the Department of Defense Overseas Military Facility Investment Recovery Account to remain available until expended.
(Sec. 8031) This section permits the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Ellsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. It also requires the Operation Walking Shield Program to resolve any housing unit conflicts arising among requests of Indian tribes for these conveyances.
(Sec. 8032) This section permits O&M appropriations to be used to purchase items with an investment unit cost of not more than $250,000.
(Sec. 8033) This section prohibits funds provided by this division from being used to (1) disestablish or prepare to disestablish a Senior Reserve Officers' Training Corps (SROTC) program in accordance with specified DOD instructions; or (2) close, downgrade from host to extension center, or place on probation a SROTC program in accordance with a specified Army information paper.
(Sec. 8034) This section permits specified procurement funds to be used to purchase up to 24 new passenger-carrying motor vehicles for the Defense POW/MIA Accounting Agency to use in the U.S. Indo-Pacific Command.
(Sec. 8035) This section permits specified Navy O&M funds to be used for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute theater security cooperation activities such as humanitarian assistance and the payments of the costs of training and exercising with foreign security forces.
(Sec. 8036) This section requires DOD to issue regulations to (1) prohibit the sale of tobacco or tobacco-related products in military resale outlets in the United States, its territories, and possessions at a price below the most competitive price in the local community; and (2) require the prices in overseas military retail outlets to be within the range of prices established for military retail systems stores in the United States.
(Sec. 8037) This section prohibits the use of DOD Working Capital Funds to purchase specified investment items. It also specifies requirements for the FY2021 DOD budget request.
(Sec. 8038) This section prohibits funds provided for the Central Intelligence Agency (CIA) from remaining available for obligation beyond the current fiscal year, except for funds provided for the Reserve for Contingencies, the CIA Central Services Working Capital Fund, advanced research and development acquisition, agent operations, and covert action programs authorized by the President.
(Sec. 8039) This section requires specified Defense-Wide O&M funds to be used for activities and assistance related to the mitigation of environmental impacts on Native American lands resulting from DOD activities.
(Sec. 8040) This section requires DOD to comply with the Buy American Act.
(Sec. 8041) This section prohibits funds provided by this division from being used to (1) establish a field operating agency, or (2) pay a member of the Armed Forces or civilian employee transferred or reassigned from a headquarters activity if the member or employee's place of duty remains at the location of headquarters. The section also specifies exceptions and permits waivers that will reduce personnel or financial requirements of the department.
(Sec. 8042) This section prohibits funds provided by this division from being used to convert a function performed by DOD civilian employees to performance by a contractor unless specific requirements are met.
(Sec. 8043) This section rescinds specified funds provided by prior appropriations bills for several DOD accounts.
(Sec. 8044) This section prohibits funds provided by this division from being used to reduce authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve, and Air Force Reserve unless the reductions are a direct result of a reduction in military force structure.
(Sec. 8045) This section prohibits funds provided by this division from being used for assistance to North Korea unless the funds are specifically appropriated for that purpose. The restriction does not apply to activities incidental to the Defense POW/MIA Accounting Agency mission to recover and identify the remains of Armed Forces personnel from North Korea.
(Sec. 8046) This section permits O&M funds provided by this division to be used to reimburse the National Guard and Reserve for providing intelligence or counterintelligence support to the combatant commands, defense agencies, and joint intelligence activities.
(Sec. 8047) This section prohibits the transfer of DOD or CIA drug interdiction or counter-drug activity funds to any other department or agency except as specifically provided in an appropriations law.
(Sec. 8048) This section prohibits funds provided by this division from being used to procure ball and roller bearings other than those produced by a domestic source and of domestic origin. It also permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security. It includes an exception for the purchase of commercial items and specifies that the restriction applies to ball or roller bearings purchased as end items.
(Sec. 8049) This section requires specified appropriations for the Working Capital Fund--Army account to be used to maintain competitive rates at the arsenals.
(Sec. 8050) This section appropriates funds to DOD for grants to the United Service Organizations and the Red Cross.
(Sec. 8051) This section prohibits funds provided by this division from being used to purchase any supercomputer not manufactured in the United States unless it is unavailable from U.S. manufacturers and is necessary for national security.
(Sec. 8052) This section requires the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides to be taken proportionally from all programs, projects, or activities that contribute to the extramural budget.
(Sec. 8053) This section prohibits funds provided by this division from being used for contractor bonuses being paid due to a business restructuring.
(Sec. 8054) This section permits the transfer of specified O&M funds to pay military personnel for support and services for eligible organizations and activities outside DOD.
(Sec. 8055) This section permits DOD to dispose of negative unliquidated or unexpended balances for expired or closed accounts by charging an obligation to a current account for the same purpose as the expired or closed account, subject to specified requirements.
(Sec. 8056) This section permits the National Guard to allow the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis.
(Sec. 8057) This section requires specified O&M funds to be used for continued implementation and expansion of the Sexual Assault Special Victims' Counsel Program.
(Sec. 8058) This section prohibits the use of funds provided in title IV of this division to procure end-items for delivery to military forces for operational training, operational use, or inventory requirements. The section also includes exceptions, specifies reporting requirements, and permits a waiver for national security purposes.
(Sec. 8059) This section permits DOD to waive limitations on the procurement of defense items from a foreign country if (1) the limitations would invalidate cooperative programs or reciprocal trade agreements, and (2) the country does not discriminate against the same or similar items produced in the United States for that country. This section also includes certain exceptions.
(Sec. 8060) This section prohibits funds provided by this division or other DOD appropriations bills from being used for repairs or maintenance for military family housing units.
(Sec. 8061) This section requires DOD to submit a report to Congress before obligating specified RDT&E funds appropriated by this division for any new start advanced concept technology demonstration project or joint capability demonstration project. It permits DOD to waive the restriction by certifying to Congress that it is in the national interest.
(Sec. 8062) This section requires DOD to continue to provide a classified quarterly report to Congress on matters specified in the classified annex accompanying this division.
(Sec. 8063) This section permits a Reserve who is a member of the National Guard serving on full-time duty to support ground-based elements of the National Ballistic Missile Defense System.
(Sec. 8064) This section prohibits funds provided by this division from being used to transfer specified armor-piercing ammunition to any nongovernmental entity, except for demilitarization purposes.
(Sec. 8065) This section permits the National Guard to waive payment for leases of personal property for not more than a year to certain youth, social, charitable, or fraternal nonprofit organizations.
(Sec. 8066) This section provides for the transfer of specified Army O&M funds to other activities of the federal government for classified purposes. It permits DOD to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section.
(Sec. 8067) This section prohibits funds from being used to make specified modifications to the budget and appropriations process for the National Intelligence Program.
(Sec. 8068) This section provides appropriations to remain available until expended for grants for the construction and furnishing of additional Fisher Houses to meet the needs of military family members confronted with the illness or hospitalization of an eligible military beneficiary.
(Sec. 8069) This section permits the transfer of specified Navy O&M funds to the John C. Stennis Center for Public Service Training and Development Trust Fund.
(Sec. 8070) This section prohibits DOD funds from being used to modify command and control relationships to give Fleet Forces Command operational and administrative control of U.S. Navy forces assigned to the Pacific fleet.
It also provides that command and control relationships that existed on October 1, 2004, shall remain in effect until a written modification has been proposed to congressional appropriations committees.
The proposed modification (1) may be implemented 30 days after the committees are notified unless an objection is received from the committees, and (2) may not preclude the ability of the commander of the U.S. Pacific Command to meet operational requirements.
(Sec. 8071) This section specifies that certain congressional notifications regarding rapid acquisition and deployment procedures must be submitted concurrently to the congressional defense appropriations subcommittees, in addition to the congressional armed services and appropriations committees.
(Sec. 8072) This section provides specified Procurement and RDT&E funds for the Israeli Cooperative Programs. It also specifies funding for the Iron Dome defense system for countering short-range rocket threats, the Short Range Ballistic Missile Defense program, and related programs.
(Sec. 8073) This section permits specified Shipbuilding and Conversion--Navy funds to remain available through FY2020 to fund prior year shipbuilding cost increases. It also requires the funds to be transferred to specified accounts.
(Sec. 8074) This section deems funds provided by this division for intelligence activities to be authorized by Congress during FY2020 until the enactment of the Intelligence Authorization Act for FY2020.
(Sec. 8075) This section prohibits funds appropriated by this division from being used for a reprogramming of funds that creates or initiates a new program, project, or activity unless it must be undertaken immediately for national security and Congress is notified in advance.
(Sec. 8076) This section requires the President's budget to include separate budget justification documents for the costs of the Armed Forces' participation in contingency operations for the Military Personnel, O&M, Procurement, and RDT&E accounts.
(Sec. 8077) This section prohibits funds provided by this division from being used for research, development, test, evaluation, procurement, or deployment of nuclear armed interceptors of a missile defense system.
(Sec. 8078) This section permits DOD to use specified funds for the rapid acquisition and deployment of supplies and associated support services pursuant to the Bob Stump National Defense Authorization Act for Fiscal Year 2003, subject to specified restrictions and funding limits.
(Sec. 8079) This section prohibits funds provided by this division from being used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve if the action would reduce the WC-130 Weather Reconnaissance mission below the levels funded in this division. It permits the squadron to perform other missions in support of national defense requirements during the non-hurricane season.
(Sec. 8080) This section prohibits funds provided by this division from being used for integrating foreign intelligence information unless the information has been lawfully collected and processed during authorized foreign intelligence activities.
It also requires information pertaining to U.S. persons to be handled in accordance with the Fourth Amendment of the U.S. Constitution as implemented through Executive Order No. 12333 (United States Intelligence Activities).
(Sec. 8081) This section prohibits funds provided by this division from being used to transfer research and development, acquisition, or other program authority related to current tactical unmanned aerial vehicles from the Army.
It also requires the Army to retain responsibility for and operational control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle.
(Sec. 8082) This section prohibits funds provided by this division for programs of the Office of the Director of National Intelligence (ODNI) from being obligated beyond the current fiscal year except for research and technology funds, which remain available through FY2021.
(Sec. 8083) This section provides for the adjustment of obligations within the Shipbuilding and Conversion--Navy appropriation.
(Sec. 8084) This section requires the ODNI to submit a report to Congress establishing the baseline for application of reprogramming and transfer authorities for FY2020. It also prohibits funds provided by this division for the National Intelligence Program from being transferred or reprogrammed until the report is submitted unless the action is necessary for an emergency.
(Sec. 8085) This section requires transfers of funds for support to friendly countries in connection with the conduct of operations in which the United States is not participating to be made in accordance with sections 8005 or 9002 of this division, which specify procedures and requirements for transferring funds.
(Sec. 8086) This section requires transfers of funds from the Department of Defense Acquisition Workforce Development Fund to a military department or defense agency to be covered by and subject to sections 8005 or 9002 of this division, which specify procedures and requirements for transferring funds.
(Sec. 8087) This section prohibits certain funds provided by this division from being used to support any military training or operation that includes child soldiers unless the assistance is permitted by the Child Soldiers Prevention Act of 2008.
(Sec. 8088) This section specifies restrictions and requirements for reprogramming or transferring funds provided to the National Intelligence Program.
(Sec. 8089) This section specifies the committees that are included as congressional intelligence committees for the purposes of this division.
(Sec. 8090) This section permits specified O&M funds provided in title II of this division to be transferred by the military department concerned to its central fund established for Fisher Houses and Suites.
(Sec. 8091) This section prohibits funds provided by this division from being used for making remittances to the Defense Acquisition Workforce Development Fund.
(Sec. 8092) This section requires agencies receiving funds in this division to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest, subject to exceptions for national security or proprietary information.
(Sec. 8093) This section prohibits funds provided by this division from being used for federal contracts in excess of $1 million unless the contractor meets specific requirements regarding the resolution of claims under title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, or national origin). DOD may waive the requirements to avoid harm to national security.
(Sec. 8094) This section makes specified funds provided by this division for the Defense Health Program available to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations of the integrated Captain James A. Lovell Federal Health Care Center and supporting facilities.
(Sec. 8095) This section prohibits funds provided by this division from being used to (1) provide certain missile defense information to the Russian Federation, subject to an exception for information regarding ballistic missile early warning; or (2) integrate a missile defense system of the Russian Federation or a missile defense system of the People's Republic of China into any missile defense system of the United States.
(Sec. 8096) This section permits DOD funds to be used to purchase armored vehicles for the physical security of personnel or force protection and limits the cost per vehicle.
(Sec. 8097) This section permits the ODNI to transfer specified funds provided by this division for the National Intelligence Program with the approval of the Office of Management and Budget, subject to certain requirements and restrictions.
(Sec. 8098) This section prohibits funds from being used to transfer or release certain individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who are not U.S. citizens or members of the Armed Forces into the United States, its territories, or possessions.
(Sec. 8099) This section prohibits funds provided by this division from being used to transfer individuals detained at Guantanamo to a country of origin or other foreign country or entity unless DOD makes certain certifications.
(Sec. 8100) This section prohibits funds provided by this division from being used to violate the Wars Powers Resolution.
(Sec. 8101) This section prohibits funds from being used to enter into specified agreements and transactions with Russian arms supplier Rosoboronexport. It also permits DOD to waive the restriction if specific conditions are met.
(Sec. 8102) This section prohibits funds provided by this division from being used for the purchase or manufacture of U.S. flags unless they are treated as covered items under Buy American requirements.
(Sec. 8103) This section prohibits funds from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house certain individuals detained at Guantanamo who are not U.S. citizens or members of the Armed Forces.
(Sec. 8104) This section permits funds provided by this division to be used to provide ex gratia payments to local military commanders for damage, personal injury, or death that is incident to combat operations of the Armed Forces in a foreign country.
(Sec. 8105) This section requires DOD to post grant awards on a public website in a searchable format.
(Sec. 8106) This section specifies requirements for proportionally allocating reductions required under current law for each RDT&E and Procurement account.
(Sec. 8107) This section prohibits the National Security Agency (NSA) from using funds provided by this division to target a U.S. person under specified authorities granted by the Foreign Intelligence Surveillance Act of 1978 (FISA).
(Sec. 8108) This section prohibits the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this division to another federal agency not financed by this division without the express authorization of Congress. It includes an exception for transfers of funds expressly provided for in defense appropriations bills.
(Sec. 8109) This section permits specified Navy O&M funds to be used for the National Defense Reserve Fleet and for reimbursements to the Ready Reserve Force--Maritime Administration account of the Department of Transportation for expenses related to the National Defense Reserve Fleet.
(Sec. 8110) This section prohibits funds provided by this division from being used to initiate or expand support for foreign forces, irregular forces, groups, or individuals supporting U.S. Special Operations Forces activities to combat terrorism unless Congress is notified in advance in accordance with the classified annex of this division.
(Sec. 8111) This section prohibits funds provided by this division from being used for activities in Iraq in contravention of the War Powers Resolution.
(Sec. 8112) This section requires DOD to submit specified reports to Congress detailing the submission of records during the previous six months to databases accessible to the National Instant Criminal Background Check System.
(Sec. 8113) This section prohibits funds provided by this division for the T-AO Fleet Oiler program from being used to award a new contract that provides for the acquisition of certain components unless the components are manufactured in the United States.
(Sec. 8114) This section prohibits funds from being transferred from the Defense Acquisition Workforce Development Fund to the Rapid Prototyping Fund or credited to a military department-specific fund established to carry out an acquisition program under the rapid prototyping pathway.
(Sec. 8115) This section prohibits funds provided by this division from being used for Government Travel Charge Card expenses for gaming or for entertainment that includes topless or nude entertainers or participants.
(Sec. 8116) This section permits specified O&M funds provided by title II of this division to be used for a project in a country designated by the Secretary of Defense.
(Sec. 8117) This section prohibits funds provided by this division from being used to deliver F-35 air vehicles or any other F-35 weapon system equipment to Turkey, except in accordance with specified provisions of the National Defense Authorization Act for Fiscal Year 2020.
(Sec. 8118) This section permits DOD to use specified funds to develop, replace, and sustain federal government security and suitability background investigation information technology systems of the Office of Personnel Management or other federal agency responsible for conducting such investigations. Specifies reprogramming and transfer procedures for the funds.
(Sec. 8119) This section prohibits funds provided by this division from being used for any computer network that does not block access to pornography websites, with exceptions for criminal investigations, prosecution, or adjudication activities; or for any activity necessary for the national defense, including intelligence activities.
(Sec. 8120) This section specifies that transfers of certain funds provided by this division for the Global Engagement Center must be made in accordance with the procedures and requirements set forth in section 8005 or 9002 of this division.
(Sec. 8121) This section provides additional O&M funds that are only available to DOD, or for transfer to the Department of Education, to make grants, conclude cooperative agreements, or supplement federal funds to construct, renovate, repair, or expand elementary and secondary public schools on military installations to address capacity or facility condition deficiencies.
(Sec. 8122) This section prohibits funds provided by this division from being used to close or realign the U.S. Naval Station, Guantanamo Bay, Cuba.
(Sec. 8123) This section requires certain DOD programs that provide assisted reproductive services for seriously ill or injured active duty service members to be carried out without time limits on the duration of embryo cryopreservation and storage.
(Sec. 8124) This section prohibits funds provided by this division from being used to provide arms, training, or other assistance to the Azov Battalion.
(Sec. 8125) This section prohibits funds provided by this division from being used to provide certain military equipment if DOD determines that providing the equipment will undermine readiness.
(Sec. 8126) This section permits DOD to use funds for procurement or for RDT&E for the F-35 Joint Strike Fighter to modify up to six F-35 aircraft, including up to two F-35 aircraft of each variant, to a test configuration, subject to congressional notification requirements.
(Sec. 8127) This section permits funds provided for the Defense Health Program to be used to make death gratuity payments if no appropriations for Military Personnel are available for the payments.
(Sec. 8128) This section prohibits funds provided by this division from being used for specified transactions with any corporation with certain unpaid federal tax liabilities, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.
(Sec. 8129) This section prohibits funds provided by this division from being used in contravention of specified requirements for federal agencies regarding (1) consultation and coordination with Indian tribal governments when developing policies that have tribal implications; and (2) early consultation with state and local agencies, Indian tribes, and interested private persons and organizations during the process of complying with the National Environmental Policy Act (NEPA).
(Sec. 8130) This section excludes advance billings for background investigation services and related services purchased from activities financed using Defense Working Capital Funds from certain limits that apply to advance billings for DOD working capital funds for FY2020.
(Sec. 8131) This section prohibits funds provided by this division from being used to transfer the National Reconnaissance Office to the Space Force.
(Sec. 8132) This section requires DOD to submit to the congressional appropriations committees certain required reports regarding transgender applicants and service members who received certain waivers of and exceptions to DOD policies to allow enlistment or retention in the military.
(Sec. 8133) This section reduces the total amount appropriated by this division to reflect savings due to favorable foreign exchange rates.
TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
This title provides additional FY2020 appropriations to DOD accounts for Overseas Contingency Operations (OCO)/ the Global War on Terrorism. (OCO funds are exempt from discretionary spending limits and other budget enforcement rules.)
The title provides appropriations for Active-Duty and Reserve Personnel in the Army, Navy, Marine Corps, Air Force (the military departments), and for National Guard personnel in the Army and Air Force.
The title provides appropriations for O&M for the military departments, other agencies of DOD, the Reserve Components, and the Army and Air National Guard.
The title provides appropriations for the Afghanistan Security Forces Fund and the Counter-Islamic State of Iraq and Syria Train and Equip Fund.
The title provides appropriations for Procurement by the military departments and other DOD agencies.
The title provides appropriations for RDT&E for the military departments and other DOD agencies.
The title provides appropriations for the Defense Working Capital Funds.
The title provides appropriations for other DOD Programs, including
(Sec. 9001) This section specifies that funds made available in this title are in addition to amounts appropriated to DOD for FY2020.
(Sec. 9002) This section permits DOD to transfer specified funds between the appropriations in this title if it is in the national interest, the Office of Management and Budget approves, and Congress is notified.
(Sec. 9003) This section permits supervision, administration, and design costs for a construction project funded with O&M or the Afghanistan Security Forces Fund in direct support of overseas contingency operations in Afghanistan to be obligated when a construction contract is awarded.
(Sec. 9004) This section permits DOD to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in the U.S. Central Command area of responsibility. It also limits the cost of each passenger and armored vehicle.
(Sec. 9005) This section permits specified Army O&M funds to be used for the Commander's Emergency Response Program for humanitarian relief and reconstruction assistance in Afghanistan.
(Sec. 9006) This section permits DOD O&M funds to be used to provide supplies, services, transportation, including airlift and sealift, and other logistical support to allied forces participating in a combined operation with U.S. and coalition forces supporting military and stability operations in Afghanistan and to counter the Islamic State of Iraq and Syria. It also requires DOD to report quarterly to Congress regarding support provided under this section.
(Sec. 9007) This section prohibits funds from being used to (1) establish any military installation or base for providing for the permanent stationing of Armed Forces in Iraq or Afghanistan, or (2) exercise U.S. control over any oil resource of Iraq.
(Sec. 9008) This section prohibits funds provided by this division from being used in contravention of specified laws or regulations implementing the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
(Sec. 9009) This section prohibits funds provided for the Afghanistan Security Forces Fund from being obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council of DOD.
(Sec. 9010) This section permits O&M funds provided in this title to be used to purchase items with an investment unit cost of up to $250,000. It also permits the purchase of items with an investment cost of up to $500,000 if DOD determines that it is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas.
(Sec. 9011) This section permits specified funds provided by this division for the Defense Security Cooperation Agency and Defense-Wide Operation and Maintenance to be used to provide assistance to the government of Jordan to support the armed forces of Jordan and to enhance security along its borders.
(Sec. 9012) This section prohibits funds provided by this division for the Counter-ISIS Train and Equip Fund from being used to procure or transfer man-portable air defense systems.
(Sec. 9013) This section provides additional funding for the Ukraine Security Assistance Initiative for (1) assistance, including training; equipment; lethal assistance; logistics support, supplies and services; sustainment; and intelligence support to the military and national security forces of Ukraine; and (2) replacement of any weapons or articles provided to Ukraine from the U.S. inventory.
It permits DOD to accept equipment procured using funds provided under this section or prior Acts that was transferred to the security forces of Ukraine and returned to the United States.
(Sec. 9014) This section permits funds provided by this title to be used for the replacement of funds for items provided to the government of Ukraine from the U.S. inventory, to the extent that it is permitted by section 9013 of the division.
(Sec. 9015) This section prohibits funds provided by this division under section 9013 for the Ukraine Security Assistance Initiative from being used to procure or transfer man-portable air defense systems.
(Sec. 9016) This section permits certain equipment that was procured using the Counterterrorism Partnerships Fund for the program to provide assistance to vetted elements of the Syrian opposition to be transferred to foreign security forces, irregular forces, groups, or individuals, authorized to receive assistance from the Counter-ISIS Train and Equip Fund.
(Sec. 9017) This section prohibits DOD O&M funds from being used for payments to Pakistan as reimbursement for support provided to U.S. military operations unless DOD certifies to Congress that the government of Pakistan has met specific conditions. It permits DOD to waive the restriction for national security.
(Sec. 9018) This section provides additional funding to DOD to improve near-term intelligence, surveillance, and reconnaissance capabilities and related processing, exploitation, and dissemination functions.
(Sec. 9019) This section prohibits the use of funds for Syria in contravention of the War Powers Resolution.
(Sec. 9020) This section prohibits funds appropriated by this division from being used to transfer additional C-130 cargo aircraft to the Afghan National Security Forces or the Afghanistan Air Force until DOD reports to Congress regarding the Afghanistan Air Force's medium airlift requirements.
(Sec. 9021) This section provides that, if specified certification and reporting requirements are met, the Afghanistan Security Forces Fund may be used to provide a unit of the security forces of Afghanistan with limited training, equipment, and other assistance that would otherwise be prohibited under provisions of current law that prohibit assistance for foreign security forces that committed a gross violation of human rights
(Sec. 9022) This section prohibits funds provided by this division from being made available for any member of the Taliban except to support a reconciliation activity that includes the participation of members of the government of Afghanistan, does not restrict the participation of women, and is authorized by specified provisions of the National Defense Authorization Act for Fiscal Year 2020.
(Sec. 9023) This section rescinds specified funds from various DOD accounts and programs.
(Sec. 9024) This section provides that nothing in the division may be construed as authorizing the use of force against Iran.
TITLE IX--NATURAL DISASTER RELIEF
This title provides additional appropriations to various DOD accounts for necessary expenses related to the consequences of Hurricanes Michael and Florence, and flooding and earthquakes occurring in FY2019.
The bill designates funding as emergency spending, which is exempt from discretionary spending limits.
Specifically, the title provides the additional appropriations for
(Sec. 10001) This section specifies that the funds provided by this title may only be used for the purposes specified under the relevant heading of this title.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2020
This division provides FY2020 appropriations to the Department of Commerce, the Department of Justice (DOJ), the science agencies, and several related agencies.
TITLE I--DEPARTMENT OF COMMERCE
Department of Commerce Appropriations Act, 2020
This title provides appropriations to the Department of Commerce for
The title provides appropriations to the National Institute of Standards and Technology (NIST) for
The title provides appropriations to the National Oceanic and Atmospheric Administration (NOAA) for
The title provides appropriations for Departmental Management for
(Sec. 101) This section permits funds provided by this division to be used for advanced payments (prior to the receipt of goods, services, or other assets) that are not otherwise authorized only if designated Commerce officials certify that the payments are in the public interest.
(Sec. 102) This section permits funds provided by this division to be used for hiring passenger motor vehicles, employment of temporary or intermittent experts and consultants, and the purchase of uniforms.
(Sec. 103) This section permits the transfer of funds between Commerce accounts, subject to specified limitations and requirements. It also requires Commerce to notify Congress prior to the acquisition or disposal of any capital asset not provided for in an Act providing appropriations to Commerce.
(Sec. 104) This section extends requirements for NOAA to make and report to Congress on determinations regarding the identification and management of technical, cost, and schedule risk; the reliance on demonstrated technologies; and compliance with relevant policies, prior to entering into a contract for a major program with a life cycle cost of more than $250 million.
It also specifies the life cycle costs for the Joint Polar Satellite System and the Geostationary Operational Environmental Satellite R-Series Program.
(Sec. 105) This section permits Commerce to (1) furnish services to facilitate the use or occupancy of Department of Commerce buildings, and (2) credit specified reimbursements received for the services to the appropriation or fund that bears the cost of the services.
(Sec. 106) This section specifies that grant recipients may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks.
(Sec. 107) This section permits NOAA to use, with consent and reimbursement, resources of other federal, state, local, and international entities to carry out the responsibilities of any statute administered by NOAA.
(Sec. 108) This section prohibits the National Technical Information Service from charging for copies of reports or documents generated by the legislative branch unless the service has provided information on how a copy may be obtained for free online. Any charge must be limited to the service's cost.
(Sec. 109) This section permits NOAA to work with federal and nonfederal agencies and governments by entering into agreements; using land, services, equipment, personnel, and facilities provided by the entities; or receiving and expending funds made available on a consensual basis.
(Sec. 110) This section permits the Economics and Statistics Administration, the Bureau of Economic Analysis, and the Census Bureau to use funds to enter into cooperative agreements to assist in improving statistical methodology and research.
(Sec. 111) This section establishes the Department of Commerce Nonrecurring Expenses Fund for information and business technology system modernization and provides appropriations to the fund for business application system modernization.
(Sec. 112) This section requires Commerce to publish in the Federal Register the report on the findings of the investigation into the effect on national security of imports of automobiles and automotive parts that Commerce initiated on May 23, 2018, under the Trade Expansion Act of 1962. Commerce must submit any portion of the report that contains classified information to Congress to be viewed only by Members of Congress and their staff with appropriate security clearances.
TITLE II--DEPARTMENT OF JUSTICE
Department of Justice Appropriations Act, 2020
This title provides FY2020 appropriations to the Department of Justice (DOJ).
The title provides appropriations to DOJ for General Administration for (1) Salaries and Expenses, and (2) Justice Information Sharing Technology.
In addition, the title provides appropriations for
The title provides appropriations for Legal Activities, including
The title provides appropriations to the U.S. Marshals Service for
The title provides appropriations to DOJ for
The title provides appropriations to the Office On Violence Against Women for Violence Against Women Prevention and Prosecution Programs.
The title provides appropriations to the Office of Justice Programs for
The title provides appropriations for Community Oriented Policing Services (COPS) programs.
(Sec. 201) This section provides additional funds to the Attorney General for official reception and representation expenses.
(Sec. 202) This section prohibits funds provided by this title from being used to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest.
(Sec. 203) This section prohibits funds provided by this title from being used to require any person to perform or facilitate the performance of an abortion.
(Sec. 204) This section specifies that (1) section 203 of this title does not remove the obligation of the Bureau of Prisons to provide escort services to an inmate receiving an abortion outside of a federal facility, and (2) nothing in this section diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.
(Sec. 205) This section sets forth requirements and procedures for transferring and reprogramming DOJ funds provided by this division.
(Sec. 206) This section prohibits the FBI or the Marshals Service from using funds provided by this title to transport prisoners classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure.
(Sec. 207) This section prohibits federal prisons from using funds provided by this division to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. Exceptions are included for inmate training, religious, or educational programs.
(Sec. 208) This section prohibits funds provided by this title from being used for a new or enhanced information technology program with estimated development costs exceeding $100 million unless the Deputy Attorney General and the Department Investment Review Board certify to Congress that the program (1) has appropriate program management controls and contractor oversight mechanisms in place, and (2) is compatible with DOJ enterprise architecture.
(Sec. 209) This section requires DOJ to follow reprogramming procedures for (1) any deviation from the amounts designated for specific activities in this division or the explanatory statement, or (2) for any use of deobligated balances of funds provided by this title in previous years.
(Sec. 210) This section prohibits funds provided by this division from being used for a public-private competition for work performed by employees by the Bureau of Prisons or Federal Prison Industries, Incorporated.
(Sec. 211) This section prohibits U.S. Attorneys from holding dual or additional responsibilities that exempt them from statutory residency requirements.
(Sec. 212) This section permits specified grant and reimbursement program funds made available to the Office of Justice Programs to be used for training and technical assistance. It also permits specified funds to be used for criminal justice research, evaluations, and statistics by the National Institute of Justice and the Bureau of Justice Statistics for the grant or reimbursement programs.
(Sec. 213) This section permits DOJ to waive matching requirements for Second Chance Act adult and juvenile reentry demonstration projects; state, tribal, and local reentry courts; and drug treatment programs.
DOJ may also waive the matching requirements for grants authorized by the Prison Rape Elimination Act of 2003 to protect inmates and safeguard communities.
(Sec. 214) This section waives the requirement that DOJ reserve certain funds provided for offender incarceration for payments for incarceration on tribal lands.
(Sec. 215) This section prohibits funds, other than funds for the National Instant Criminal Background Check System established under the Brady Handgun Violence Prevention Act, from being used to transfer an operable firearm to a known or suspected agent of a drug cartel if law enforcement personnel do not continuously monitor or control the firearm.
(Sec. 216) This section establishes limitations and requirements for the obligation of specified funds from the Department of Justice Working Capital Fund and the Assets Forfeiture Fund.
(Sec. 217) This section permits funds provided by this division for the Office of Justice Programs to be used to participate in Performance Partnership Pilot collaboration programs.
(Sec. 218) This section specifies authorities and requirements for a fund that supports debt collection management and financial systems.
(Sec. 219) This section increases the threshold for balances in the United States Trustees System Fund.
TITLE III--SCIENCE
Science Appropriations Act, 2020
This title provides appropriations to (1) the Office of Science and Technology Policy, and (2) the National Space Council.
The title provides appropriations to the National Aeronautics and Space Administration (NASA) for
The title includes administrative provisions for NASA that establish requirements and procedures for the availability of funds for an announced prize, the reprogramming and transfer of funds provided by this division, and NASA's spending plan.
No more than 40% of the funds provided by this division for the Gateway; Advanced Cislunar and Surface Capabilities; Commercial LEO Development; and Lunar Discovery and Exploration, excluding the Lunar Reconnaissance Orbiter, may be obligated until NASA submits a multi-year plan to Congress.
The title provides appropriations to the National Science Foundation (NSF) for
The title establishes requirements for the transfer or reprogramming of funds provided by this division to the NSF.
The title also establishes congressional notification requirements regarding any planned divestment through transfer, decommissioning, termination, or deconstruction of any NSF-owned facilities or any NSF capital assets (including land, structures, and equipment) valued greater than $2.5 million.
TITLE IV--RELATED AGENCIES
This title provides appropriations for related agencies, including
The title specifies restrictions, terms, and conditions on the use of funds by the Legal Services Corporation.
TITLE V--GENERAL PROVISIONS
(Sec. 501) This se