HR 1865 — Further Consolidated Appropriations Act, 2020

Provided,2539]] That(E) of$98,079,000 this amount, $25,000,000 shall be for competitiveex-offender grantsactivities, tounder nationalthe andauthority regionalof intermediariessection for169 activitiesof thatthe prepareWIOA, youngwhich ex-offendersshall andbe schoolavailable dropouts for employment,the withperiod aApril priority1, for2020 projectsthrough servingJune high-crime,30, high-2021: poverty areas;

Provided, <<NOTE:

Grants.>> That of this amount, $25,000,000 shall be for competitive grants to national and regional intermediaries for activities that prepare young ex-offenders and school dropouts for employment, with a priority for projects serving high-crime, high- poverty areas;

Provided further, That<<NOTE: any funds transferred pursuant to the preceding provision shall not be available for obligation after June 30, 2021:

ProvidedTermination further,date.>> That theany Committeesfunds ontransferred Appropriationspursuant ofto the Housepreceding ofprovision Representativesshall andnot thebe Senateavailable arefor notifiedobligation atafter leastJune 1530, days2021: in advance of any transfer;

andProvided (3)further, $32,330,000<<NOTE: for necessary expenses of Job Corps, which shall be available for obligation for the period October 1, through September 30, 2020:

Notification.>> That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer;

and (3) $32,330,000 for necessary expenses of Job Corps, which shall be available for obligation for the period October 1, 2019 through September 30, 2020:

community service employment for older americans To carry out title V of the Older Americans Act of 1965 (referred to in this Act as ``OAA''), $405,000,000, which shall be available for the period April 1, 2020 through June 30, 2021, and may be[[Page recaptured133 andSTAT. reobligated in accordance with section 517(c) of the OAA.

2540]] be recaptured and reobligated in accordance with section 517(c) of the OAA.

(1) $2,540,816,000<<NOTE: from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including not less than $175,000,000 to carry out reemployment services and eligibility assessments under section 306 of such Act, any claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits, may be eligible for such services and assessments:

Provided,Grants.>> That$2,540,816,000 offrom suchthe amount,Trust $117,000,000Fund is specified for grants to States for the administration of State unemployment insurance laws as authorized under sectiontitle 306III of the Social Security Act and(including isnot providedless than $175,000,000 to meetcarry theout termsreemployment ofservices sectionand 251(b)(2)(E)(ii)eligibility ofassessments theunder Balancedsection Budget306 andof Emergencysuch DeficitAct, Controlany Actclaimants of 1985,regular compensation, as amended,defined andin $58,000,000such issection, additionalincluding newthose budgetwho authorityare specifiedprofiled foras purposesmost oflikely sectionto 251(b)(2)(E)(i)(II)exhaust oftheir benefits, may be eligible for such Act;services and assessments:

andProvided, $9,000,000That of such amount, $117,000,000 is specified for continuedgrants supportunder section of the UnemploymentSocial InsuranceSecurity IntegrityAct Centerand ofis Excellence),provided to meet the administrationterms of unemploymentsection insurance251(b)(2)(E)(ii) forof Federalthe employeesBalanced Budget and forEmergency ex-serviceDeficit membersControl Act of 1985, as authorizedamended, underand 5$58,000,000 U.S.C.is additional new budget authority specified for purposes of section 251(b)(2)(E)(i)(II) of such Act;

8501-8523, and the$9,000,000 administration of trade readjustment allowances, reemployment trade adjustment assistance, and alternative trade adjustment assistance under the Trade Act of 1974 and under section 231(a) of the Trade Adjustment Assistance Extension Act of 2011 and section 405(a) of the Trade Preferences Extension Act of 2015, and shall be available for obligationcontinued bysupport the States through December 31, 2020, except that funds used for automation shall be available for Federal obligation through December 31, 2020, and for State obligation through September 30, 2022, or, if the automation is being carried out through consortia of States, for State obligation through September 30, 2026, and for expenditure through September 30, 2027, and funds for competitive grants awarded to States for improved operations and to conduct in- person reemployment and eligibility assessments and unemployment insurance improper payment reviews and provide reemployment services and referrals to training, as appropriate, shall be available for Federal obligation through December 31, 2020, and for obligation by the States through September 30, 2022, and funds for the Unemployment Insurance Integrity Center of ExcellenceExcellence), shall be available for obligation by the Stateadministration throughof September 30, 2021, and funds used for unemployment insurance workloadsfor experiencedFederal throughemployees Septemberand 30, 2020 shall be available for Federalex-service obligationmembers throughas Decemberauthorized 31,under 2020;U.S.C.

8501-8523, and the administration of trade readjustment allowances, reemployment trade adjustment assistance, and alternative trade adjustment assistance under the Trade Act of and under section 231(a) of the Trade Adjustment Assistance Extension Act of 2011 and section 405(a) of the Trade Preferences Extension Act of 2015, and shall be available for obligation by the States through December 31, 2020, except that funds used for automation shall be available for Federal obligation through December 31, 2020, and for State obligation [[Page 133 STAT.

2541]] through September 30, 2022, or, if the automation is being carried out through consortia of States, for State obligation through September 30, 2026, and for expenditure through September 30, 2027, and funds for competitive grants awarded to States for improved operations and to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews and provide reemployment services and referrals to training, as appropriate, shall be available for Federal obligation through December 31, 2020, and for obligation by the States through September 30, 2022, and funds for the Unemployment Insurance Integrity Center of Excellence shall be available for obligation by the State through September 30, 2021, and funds used for unemployment insurance workloads experienced through September 30, 2020 shall be available for Federal obligation through December 31, 2020;

(3) $646,639,000<<NOTE: from the Trust Fund, together with $21,413,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner- Peyser Act, and shall be available for Federal obligation for the period July 1, 2020 through June 30, 2021;

Grants.>> $646,639,000 from the Trust Fund, together with $21,413,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, and shall be available for Federal obligation for the period July 1, 2020 through June 30, 2021;

Provided further, That the[[Page Secretary133 maySTAT. use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States to the entity operating the State Information Data Exchange System:

Provided2542]] further,the ThatSecretary may use funds appropriated infor thisgrants Actto whichStates areunder usedtitle toIII establishof athe nationalSocial one-Security stopAct careerto centermake system,payments oron whichbehalf areof usedStates to support the nationalentity activitiesoperating of the Federal-StateState unemploymentInformation insurance,Data employmentExchange service,System: or immigration programs, may be obligated in contracts, grants, or agreements with States and non-State entities:

Provided further, That funds appropriated in this Act which are used to establish a national one-stop career center system, or which are used to support the national activities of the Federal-State unemployment insurance, employment service, or immigration programs, may be obligated in contracts, grants, or agreements with States and non- State entities:

program administration For expenses of administering employment and training programs, $108,674,000, together with not to exceed $49,982,000 which may[[Page be133 expendedSTAT. from the Employment Security Administration Account in the Unemployment Trust Fund.

2543]] may be expended from the Employment Security Administration Account in the Unemployment Trust Fund.

Pension Benefit Guaranty Corporation pension benefit guaranty corporation fund The Pension<<NOTE: Benefit Guaranty Corporation (``Corporation'') is authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement Income Security Act of 1974, within limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by 31 U.S.C.

Contracts.>> Pension Benefit Guaranty Corporation (``Corporation'') is authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement Income Security Act of 1974, within limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by 31 U.S.C.

Provided further,<<NOTE: That obligations in excess of the amounts provided for administrative expenses in this paragraph may be incurred and shall be available through September 30, 2024 for obligation for unforeseen and extraordinary pre-termination or termination expenses or extraordinary multiemployer program related expenses after approval by the Office of Management and Budget and notification of the Committees on Appropriations of the House of Representatives and the Senate:

Notification.>> further, That obligations in excess of the amounts provided for administrative expenses in this paragraph may be incurred and shall be available through September 30, 2024 for obligation for unforeseen and extraordinary pre-termination or termination expenses or extraordinary multiemployer program related expenses after approval by the Office of Management and Budget and notification of the Committees on Appropriations of the House of Representatives and the Senate:

Office[[Page of133 Labor-ManagementSTAT. Standards salaries and expenses For necessary expenses for the Office of Labor-Management Standards, $43,187,000.

2544]] Office of Labor-Management Standards salaries and expenses For necessary expenses for the Office of Labor-Management Standards, $43,187,000.

Provided, That amounts<<NOTE: appropriated may be used under 5 U.S.C.

Reimbursement.>> amounts appropriated may be used under 5 U.S.C.

Provided further, That<<NOTE: in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or instrumentality required under 5 U.S.C.

Determination.>> That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or instrumentality required under 5 U.S.C.

Provided further, That of those funds transferred to this account from the fair share entities to pay the cost of administration of[[Page the133 FederalSTAT. Employees' Compensation Act, $74,777,000 shall be made available to the Secretary as follows:

2545]] of the Federal Employees' Compensation Act, $74,777,000 shall be made available to the Secretary as follows:

black lung disability trust fund (including transfer of funds) Such sums<<NOTE: as may be necessary from the Black Lung Disability Trust Fund (the ``Fund''), to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986;

26 USC 9501 note.>> sums as may be necessary from the Black Lung Disability Trust Fund (the ``Fund''), to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986;

not to exceed $330,000 for transfer to Departmental Management, ``Office of Inspector[[Page General'';133 STAT.

2546]] Inspector General'';

Occupational Safety and Health Administration salaries and expenses For necessary<<NOTE: expenses for the Occupational Safety and Health Administration, $581,787,000, including not to exceed $108,575,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (the ``Act''), which grants shall be no less than 50 percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Act;

and,Grants. in addition, notwithstanding 31 U.S.C.

State and local governments.>> necessary expenses for the Occupational Safety and Health Administration, $581,787,000, including not to exceed $108,575,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (the ``Act''), which grants shall be no less than 50 percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Act;

and, in addition, notwithstanding U.S.C.

Provided,<<NOTE: That notwithstanding 31 U.S.C.

Fees.>> Provided, That notwithstanding 31 U.S.C.

Provided further, That<<NOTE: none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees:

ProvidedFarms further,and farming.>> That nonone of the funds appropriated under this paragraph shall be obligated or expended to administerprescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act withwhich respectis applicable to any employerperson of 10 or fewer employees who is includedengaged withinin a categoryfarming havingoperation a Days Away, Restricted, or Transferred (``DART'') occupational injury and illness rate, at the most precise industrial classification code for which suchdoes datanot aremaintain published,a lesstemporary thanlabor thecamp national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of the Act, except-- (1) to provide, as authorized by the Act, consultation, technical assistance, educational and trainingemploys services,10 andor tofewer conductemployees: surveys and studies;

Provided further, <<NOTE:

Small businesses.>> That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Act with respect to any employer of 10 or fewer employees who is included within a category having a Days Away, Restricted, or Transferred (``DART'') occupational injury and illness rate, at the most precise industrial classification code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of the Act, except-- (1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;

(5) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or[[Page more133 employeesSTAT. or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act;

2547]] or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act;

Provided further, That<<NOTE: the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees:

Grants.

Time period.>> That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees:

Provided, That notwithstanding 31 U.S.C.

Provided further,<<NOTE: That notwithstanding 31 U.S.C.

30 USC 966 note.>> further, That notwithstanding 31 U.S.C.

Provided<<NOTE: further, That the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private:

30 USC 962.>> Provided further, That the MineSecretary Safety and Health Administration is authorized to promoteaccept healthlands, buildings, equipment, and safetyother educationcontributions from public and trainingprivate insources theand miningto communityprosecute throughprojects cooperativein programscooperation with States,other industry,agencies, andFederal, safetyState, associations:or private:

Provided further, That <<NOTE:

30 USC 962.>> the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety <<NOTE:

30 USC 962.>> associations:

Provided<<NOTE: further, That any funds available to the Department of Labor may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster.

Bureau30 ofUSC Labor962.>> StatisticsProvided salariesfurther, andThat expensesany Forfunds necessaryavailable expensesto for the BureauDepartment of Labor Statistics,may includingbe advancesused, orwith reimbursementsthe toapproval State,of Federal,the andSecretary, localto agenciesprovide and their employees for servicesthe rendered,costs $587,000,000,of togethermine withrescue notand tosurvival exceedoperations $68,000,000in which may be expended from the Employmentevent Securityof Administrationa accountmajor indisaster. the Unemployment Trust Fund.

[[Page 133 STAT.

2548]] Bureau of Labor Statistics salaries and expenses For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $587,000,000, together with not to exceed $68,000,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.

Provided further, That[[Page the133 CommitteesSTAT. on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer:

2549]] That the <<NOTE:

Notification.>> Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer:

Provided further,<<NOTE: That of the amounts made available to the Women's Bureau, not less than $1,294,000 shall be used for grants authorized by the Women in Apprenticeship and Nontraditional Occupations Act.

Grants.>> further, That of the amounts made available to the Women's Bureau, not less than $1,294,000 shall be used for grants authorized by the Women in Apprenticeship and Nontraditional Occupations Act.

(1) $180,000,000<<NOTE: is for Jobs for Veterans State grants under 38 U.S.C.

Grants.>> $180,000,000 is for Jobs for Veterans State grants under 38 U.S.C.

Provided further, That<<NOTE: services provided under sections 2021 or under 2021A may include, in addition to services to homeless veterans described in section 2002(a)(1), services to veterans who were homeless at some point within the 60 days prior to program entry or veterans who are at risk of homelessness within the next 60 days, and that services provided under section 2023 may include, in addition to services to the individuals described in subsection (e) of such section, services to veterans recently released from incarceration who are at risk of homelessness:

Time periods.>> That services provided under sections 2021 or under 2021A may include, in addition to services to homeless veterans described in section 2002(a)(1), services to veterans who were [[Page 133 STAT.

2550]] homeless at some point within the 60 days prior to program entry or veterans who are at risk of homelessness within the next 60 days, and that services provided under section 2023 may include, in addition to services to the individuals described in subsection (e) of such section, services to veterans recently released from incarceration who are at risk of homelessness:

Provided further, That notwithstanding sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code, such funds shall be available for expenditure pursuant to 31 U.S.C.

In addition, fees<<NOTE: may be assessed and deposited in the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and such amounts shall be available to the Secretary to carry out the HIRE Vets Medallion Award Program, as authorized by such Act, and shall remain available until expended:

Fees.>> fees may be assessed and deposited in the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and such amounts shall be available to the Secretary to carry out the HIRE Vets Medallion Award Program, as authorized by such Act, and shall remain available until expended:

Provided further, That section 2(d) of division O of the Consolidated Appropriations Act, 2017 (Public Law 115-31;

Provided further, That<<NOTE: the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

Notification.>> That the Committees on Appropriations of [[Page 133 STAT.

2551]] the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

In<<NOTE: accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act.

Child labor.>> In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act.

Except as otherwise provided in this section, none of the funds made available to the Department of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C.

Provided further, That funds transferred under the authority provided by this[[Page subsection133 shallSTAT. be available for obligation through September 30, 2021.

2552]] this subsection shall be available for obligation through September 30, 2021.

(a) The<<NOTE: Secretary may reserve not more than 0.75 percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts.

Evaluations.>> The Secretary may reserve not more than 0.75 percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts.

Provided,<<NOTE: That such funds shall only be available if the Chief Evaluation Officer of the Department of Labor submits a plan to the Committees on Appropriations of the House of Representatives and the Senate describing the evaluations to be carried out 15 days in advance of any transfer.

Plan.>> Provided, That such funds shall only be available if the Chief Evaluation Officer of the Department of Labor submits a plan to the Committees on Appropriations of the House of Representatives and the Senate describing the evaluations to be carried out 15 days in advance of any transfer.

(a)<<NOTE: Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.

Applicability.>> (a) Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.

``(s)(1) The<<NOTE: provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster to any employee-- ``(A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts;

Time period.>> The provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster to any employee-- ``(A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts;

``(2)[[Page The133 exemptionSTAT. in this subsection shall not affect the exemption provided by section 13(a)(1).

``(3)2553]] For``(2) purposesThe ofexemption in this subsection--subsection ``(A)shall thenot termaffect `majorthe disaster'exemption meansprovided any disaster or catastrophe declared or designated by anysection State13(a)(1). or Federal agency or department;

``(3) <<NOTE:

Definitions.>> For purposes of this subsection-- ``(A) the term `major disaster' means any disaster or catastrophe declared or designated by any State or Federal agency or department;

(b) This<<NOTE: section shall be effective on the date of enactment of this Act.

Effective date.>> This section shall be effective on the date of enactment of this Act.

(a) Flexibility With Respect to the Crossing of H-2B Nonimmigrants Working in the Seafood Industry.-- (1) In<<NOTE: general.--Subject to paragraph (2), if a petition for H-2B nonimmigrants filed by an employer in the seafood industry is granted, the employer may bring the nonimmigrants described in the petition into the United States at any time during the 120-day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition.

(2)Time Requirementsperiod. for crossings after 90th day.--An employer in the seafood industry may not bring H-2B nonimmigrants into the United States after the date that is 90 days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer-- (A) completes a new assessment of the local labor market by-- (i) listing job orders in local newspapers on 2 separate Sundays;

Effective date.>> In general.-- Subject to paragraph (2), if a petition for H-2B nonimmigrants filed by an employer in the seafood industry is granted, the employer may bring the nonimmigrants described in the petition into the United States at any time during the 120-day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition.

(2) <<NOTE:

Time period.>> Requirements for crossings after 90th day.--An employer in the seafood industry may not bring H- 2B nonimmigrants into the United States after the date that is days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer-- (A) <<NOTE:

Assessment.>> completes a new assessment of the local labor market by-- (i) listing job orders in local newspapers on separate Sundays;

(b)[[Page H-2B133 NonimmigrantsSTAT. Defined.--In this section, the term ``H-2B nonimmigrants'' means aliens admitted to the United States pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 U.S.C.

2554]] (b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B nonimmigrants'' means aliens admitted to the United States pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 U.S.C.

The<<NOTE: determination of prevailing wage for the purposes of the H-2B program shall be the greater of--(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location;

Determinations.

Wages.>> The determination of prevailing wage for the purposes of the H-2B program shall be the greater of--(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location;

In<<NOTE: the determination of prevailing wage for the purposes of the H-2B program, the Secretary shall accept private wage surveys even in instances where Occupational Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided survey are not statistically supported.

Surveys.>> In the determination of prevailing wage for the purposes of the H-2B program, the Secretary shall accept private wage surveys even in instances where Occupational Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided survey are not statistically supported.

(a)<<NOTE: The Act entitled ``An Act to create a Department of Labor'', approved March 4, 1913 (37 Stat.

Applicability.>> (a) The Act entitled ``An Act to create a Department of Labor'', approved March 4, 1913 (37 Stat.

``(3) provide<<NOTE: continuous protection to the Secretary (including during periods not described in paragraph (1)) and to the members of the immediate family of the Secretary if there is a unique and articulable threat of physical harm, in accordance with guidelines established by the Secretary;

andGuidelines.>> ``(4) provide continuous protection to the Deputy Secretary of(including Laborduring orperiods anothernot seniordescribed officerin representingparagraph (1)) and to the Secretarymembers of Laborthe atimmediate afamily publicof eventthe Secretary if there is a unique and articulable threat of physical harm, in accordance with guidelines established by the Secretary.Secretary;

``(b)and Authorities.--The``(4) Secretary<<NOTE: of Labor may authorize a law enforcement officer or special agent employed under subsection (a), for the purpose of performing the duties authorized under subsection (a), to-- ``(1) carry firearms;

Guidelines.>> provide protection to the Deputy Secretary of Labor or another senior officer representing the Secretary of Labor at a public event if there is a unique and articulable threat of physical harm, in accordance with guidelines established by the Secretary.

``(b) Authorities.--The Secretary of Labor may authorize a law enforcement officer or special agent employed under subsection [[Page 133 STAT.

2555]] (a), for the purpose of performing the duties authorized under subsection (a), to-- ``(1) carry firearms;

(b) This<<NOTE: section shall be effective on the date of enactment of this Act.

Effective date.>> This section shall be effective on the date of enactment of this Act.

Funds<<NOTE: made available in prior Acts under the heading ``Department of Labor--Employment and Training Administration--State Unemployment Insurance and Employment Service Operations'' for fiscal years 2015 through 2019 for automation acquisitions that are being carried out through consortia of States shall be available for expenditure for 6 fiscal years after the final fiscal year that such funds are available to incur new obligations.

Time periods.>> Funds made available in prior Acts under the heading ``Department of Labor--Employment and Training Administration--State Unemployment Insurance and Employment Service Operations'' for fiscal years 2015 through 2019 for automation acquisitions that are being carried out through consortia of States shall be available for expenditure for 6 fiscal years after the final fiscal year that such funds are available to incur new obligations.

TITLE[[Page II133 DEPARTMENTSTAT. OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration primary health care For carrying out titles II and III of the Public Health Service Act (referred to in this Act as the ``PHS Act'') with respect to primary health care and the Native Hawaiian Health Care Act of 1988, $1,626,522,000:

2556]] TITLE II <<NOTE:

Department of Health and Human Services Appropriations Act, 2020.>> DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration primary health care For carrying out titles II and III of the Public Health Service Act (referred to in this Act as the ``PHS Act'') with respect to primary health care and the Native Hawaiian Health Care Act of 1988, $1,626,522,000:

Provided further, That<<NOTE: for any program operating under section 751 of the PHS Act on or before January 1, 2009, the Secretary of Health and Human Services (referred to in this title as the ``Secretary'') may hereafter waive any of the requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period of a grant under such section:

Waiver authority.

42 USC 294a note.>> That for any program operating under section 751 of the PHS Act on or before January 1, 2009, the Secretary of Health and Human Services (referred to in this title as the ``Secretary'') may hereafter waive any of the requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period of a grant under such section:

Provided further, That, within the amount made available in the previous proviso, $15,000,000 shall remain available until expended for the purposes of making payments under the NHSC[[Page Loan133 RepaymentSTAT. Program under section 338B of the PHS Act to individuals participating in such program who provide primary health services in Indian Health Service facilities, Tribally-Operated 638 Health Programs, and Urban Indian Health Programs (as those terms are defined by the Secretary), notwithstanding the assignment priorities and limitations under section 333(b) of such Act:

Provided2557]] further,NHSC ThatLoan forRepayment purposesProgram ofunder the previous two provisos, section 331(a)(3)(D)338B of the PHS Act shallto beindividuals appliedparticipating asin ifsuch theprogram termwho ``primaryprovide primary health services''services includesin clinicalIndian substanceHealth useService disorderfacilities, treatmentTribally-Operated services,638 includingHealth Programs, and Urban Indian Health Programs (as those providedterms are defined by mastersthe level,Secretary), licensednotwithstanding substancethe useassignment disorderpriorities treatmentand counselors:limitations under section 333(b) of such Act:

Provided further, That<<NOTE: of the funds made available under this heading, $5,000,000 shall be available to make grants to establish or expand optional community-based nurse practitioner fellowship programs that are accredited or in the accreditation process, with a preference for those in Federally Qualified Health Centers, for practicing postgraduate nurse practitioners in primary care or behavioral health.

OfApplicability. the funds made available under this heading, $50,000,000 shall remain available until expended for grants to public institutions of higher education to expand or support graduate education for physicians provided by such institutions:

Provided,Definition.>> That,That infor awardingpurposes suchof grants,the previous two provisos, section 331(a)(3)(D) of the SecretaryPHS Act shall givebe priorityapplied toas publicif institutionsthe ofterm higher``primary educationhealth locatedservices'' inincludes Statesclinical withsubstance ause projecteddisorder primarytreatment careservices, providerincluding shortagethose inprovided 2025,by asmasters determinedlevel, bylicensed thesubstance Secretary:use disorder treatment counselors:

Provided further, That<<NOTE: grants so awarded are limited to such public institutions of higher education in States in the top quintile of States with a projected primary care provider shortage in 2025, as determined by the Secretary:

Grants.>> That of the funds made available under this heading, $5,000,000 shall be available to make grants to establish or expand optional community-based nurse practitioner fellowship programs that are accredited or in the accreditation process, with a preference for those in Federally Qualified Health Centers, for practicing postgraduate nurse practitioners in primary care or behavioral health.

Of <<NOTE:

Grants.>> the funds made available under this heading, $50,000,000 shall remain available until expended for grants to public institutions of higher education to expand or support graduate education for physicians provided by such institutions:

Provided, <<NOTE:

Determination.>> That, in awarding such grants, the Secretary shall give priority to public institutions of higher education located in States with a projected primary care provider shortage in 2025, as determined by the Secretary:

Provided further, <<NOTE:

Determination.>> That grants so awarded are limited to such public institutions of higher education in States in the top quintile of States with a projected primary care provider shortage in 2025, as determined by the Secretary:

Provided further, That such a<<NOTE: grant may be awarded for a period not to exceed 5 years:

ProvidedTime further,period.>> That such a grant awardedmay with respect to a year to such an institution shall be subjectawarded tofor a matchingperiod requirement of non-Federal funds in an amount that is not less than 10 percent of the total amount of Federal funds provided in the grant to suchexceed institution5 withyears: respect to such year.

Provided further, That such a grant awarded with respect to a year to such an institution shall be subject to a matching requirement of non- Federal funds in an amount that is not less than 10 percent of the total amount of Federal funds provided in the grant to such institution with respect to such year.

and of which $70,000,000, to remain available[[Page until133 expended,STAT. shall be available to the Secretary for carrying out a program of grants and contracts under title XXVI or section 311(c) of such Act focused on ending the nationwide HIV/AIDS epidemic, with any grants issued under such section 311(c) administered in conjunction with title XXVI of the PHS Act, including the limitation on administrative expenses.

2558]] available until expended, shall be available to the Secretary for carrying out a program of grants and contracts under title XXVI or section 311(c) of such Act focused on ending the nationwide HIV/AIDS epidemic, with any grants issued under such section 311(c) administered in conjunction with title XXVI of the PHS Act, including the limitation on administrative expenses.

Provided, That<<NOTE: of the funds made available under this heading for Medicare rural hospital flexibility grants, $19,942,000 shall be available for the Small Rural Hospital Improvement Grant Program for quality improvement and adoption of health information technology and up to $1,000,000 shall be to carry out section 1820(g)(6) of the Social Security Act, with funds provided for grants under section 1820(g)(6) available for the purchase and implementation of telehealth services, including pilots and demonstrations on the use of electronic health records to coordinate rural veterans care between rural providers and the Department of Veterans Affairs electronic health record system:

Grants.>> That of the funds made available under this heading for Medicare rural hospital flexibility grants, $19,942,000 shall be available for the Small Rural Hospital Improvement Grant Program for quality improvement and adoption of health information technology and up to $1,000,000 shall be to carry out section 1820(g)(6) of the Social Security Act, with funds provided for grants under section 1820(g)(6) available for the purchase and implementation of telehealth services, including pilots and demonstrations on the use of electronic health records to coordinate rural veterans care between rural providers and the Department of Veterans Affairs electronic health record system:

Provided, That<<NOTE: amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office.

Abortions.>> That amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office.

Provided, That funds made available under this heading may be used to supplement program support funding provided under the headings ``Primary Health Care'', ``Health[[Page Workforce'',133 ``MaternalSTAT. and Child Health'', ``Ryan White HIV/AIDS Program'', ``Health Care Systems'', and ``Rural Health''.

2559]] ``Health Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/ AIDS Program'', ``Health Care Systems'', and ``Rural Health''.

birth[[Page defects,133 developmentalSTAT. disabilities, disabilities and health For carrying out titles II, III, XI, and XVII of the PHS Act with respect to birth defects, developmental disabilities, disabilities and health, $160,810,000.

2560]] birth defects, developmental disabilities, disabilities and health For carrying out titles II, III, XI, and XVII of the PHS Act with respect to birth defects, developmental disabilities, disabilities and health, $160,810,000.

Provided, That this amount shall be available consistent with the provision regarding administrative expenses in section 151(b) of division B, title I of Public Law 106-106-554. 554.

public health preparedness and response For carrying out titles II, III, and XVII of the PHS Act with respect to public health preparedness and response, and for expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations,[[Page $850,200,000:133 STAT.

Provided,2561]] Thatpopulations, the$850,200,000: Director of the Centers for Disease Control and Prevention (referred to in this title as ``CDC'') or the Administrator of the Agency for Toxic Substances and Disease Registry may detail staff without reimbursement for up to 180 days to support an activation of the CDC Emergency Operations Center, so long as the Director or Administrator, as applicable, provides a notice to the Committees on Appropriations of the House of Representatives and the Senate within 15 days of the use of this authority and a full report within 30 days after use of this authority which includes the number of staff and funding level broken down by the originating center and number of days detailed:

Provided, <<NOTE:

Time period.

Notice.

Deadlines.

Reports.>> That the Director of the Centers for Disease Control and Prevention (referred to in this title as ``CDC'') or the Administrator of the Agency for Toxic Substances and Disease Registry may detail staff without reimbursement for up to 180 days to support an activation of the CDC Emergency Operations Center, so long as the Director or Administrator, as applicable, provides a notice to the Committees on Appropriations of the House of Representatives and the Senate within 15 days of the use of this authority and a full report within 30 days after use of this authority which includes the number of staff and funding level broken down by the originating center and number of days detailed:

Provided further, That employees of CDC or the Public Health Service, both civilian and commissioned officers, detailed to States, municipalities, or other organizations under authority of section 214 of the PHS Act, or in overseas assignments, shall be treated as non-Federal employees for reporting purposes only[[Page and133 shallSTAT. not be included within any personnel ceiling applicable to the Agency, Service, or HHS during the period of detail or assignment:

2562]] only and shall not be included within any personnel ceiling applicable to the Agency, Service, or HHS during the period of detail or assignment:

eunice[[Page kennedy133 shriverSTAT. national institute of child health and human development For carrying out section 301 and title IV of the PHS Act with respect to child health and human development, $1,556,879,000.

2563]] eunice kennedy shriver national institute of child health and human development For carrying out section 301 and title IV of the PHS Act with respect to child health and human development, $1,556,879,000.

national[[Page institute133 ofSTAT. biomedical imaging and bioengineering For carrying out section 301 and title IV of the PHS Act with respect to biomedical imaging and bioengineering research, $403,638,000.

2564]] national institute of biomedical imaging and bioengineering For carrying out section 301 and title IV of the PHS Act with respect to biomedical imaging and bioengineering research, $403,638,000.

Provided, That<<NOTE: funds may be used to implement a reorganization that is presented to an advisory council in a public meeting and for which the Committees on Appropriations of the House of Representatives and the Senate have been notified 30 days in advance.

Public information.

Notification.>> That funds may be used to implement a reorganization that is presented to an advisory council in a public meeting and for which the Committees on Appropriations of the House of Representatives and the Senate have been notified 30 days in advance.

Provided further,[[Page That133 $180,000,000STAT. shall be for the Environmental Influences on Child Health Outcomes study:

2565]] further, That $180,000,000 shall be for the Environmental Influences on Child Health Outcomes study:

Provided further, That<<NOTE: the funds provided in the previous proviso may be transferred from one specified activity to another with 15 days prior approval of the Committees on Appropriations of the House of Representatives and the Senate:

ProvidedTime further,period.>> That the Inspectorfunds Generalprovided shallin consultthe withprevious theproviso Committeesmay onbe Appropriationstransferred offrom theone Housespecified ofactivity Representativesto andanother thewith Senatedays beforeprior submittingapproval toof the Committees anon auditAppropriations planof forthe fiscalHouse yearsof 2020Representatives and 2021 no later than days after the dateSenate: of enactment of this Act:

Provided further, <<NOTE:

Consultation.

Audit plan.

Deadline.>> That the Inspector General shall consult with the Committees on Appropriations of the House of Representatives and the Senate before submitting to the Committees an audit plan for fiscal years 2020 and 2021 no later than 30 days after the date of enactment of this Act:

Provided, That such amounts are appropriated pursuant to section 1001(b)(3) of such Act, are to be derived from amounts transferred under section 1001(b)(2)(A) of such Act, and may be transferred by the Director of the National Institutes of Health to other accounts of the National Institutes of Health solely for[[Page the133 purposesSTAT. provided in such Act:

Provided2566]] further, That upon a determination by the Director that funds transferred pursuant to the previous proviso are not necessary for the purposes provided,provided in such amountsAct: may be transferred back to the Account:

Provided further, <<NOTE:

Determination.>> That upon a determination by the Director that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the Account:

Provided further, That in addition to amounts provided herein, $21,039,000 shall be available under section 241 of the PHS Act to carry out subpart I of part B of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and further that the total available under this Act for section 1920(b) activities shall not exceed 5 percent of the amounts appropriated for subpart I of part B of title XIX:

Provided further, That $200,000,000 shall be available until September 30, 2022 for grants to communities and community organizations who meet criteria for Certified Community Behavioral Health Clinics pursuant to section 223(a) of Public Law 113-93:113- 93:

Provided further, That none of the funds provided for section 1911 of the PHS Act shall be subject to section 241 of such Act:

Provided, That $1,500,000,000 shall be for State Opioid Response Grants for carrying out activities pertaining to opioids and stimulants undertaken by the State agency responsible for administering the substance abuse prevention and treatment block grant under subpart II of part[[Page B133 ofSTAT. title XIX of the PHS Act (42 U.S.C.

2567]] part B of title XIX of the PHS Act (42 U.S.C.

Provided further, That of<<NOTE: the amount not reserved by the previous three provisos, the Secretary shall make allocations to States, territories, and the District of Columbia according to a formula using national survey results that the Secretary determines are the most objective and reliable measure of drug use and drug-related deaths:

ProvidedDetermination.>> further,of That the Secretaryamount shallnot submitreserved by the formulaprevious methodologythree toprovisos, the CommitteesSecretary onshall Appropriationsmake ofallocations to States, territories, and the HouseDistrict of RepresentativesColumbia andaccording to a formula using national survey results that the SenateSecretary notdetermines lessare thanthe 15most daysobjective priorand toreliable publishingmeasure aof Fundingdrug Opportunityuse Announcement:and drug-related deaths:

Provided further, <<NOTE:

Time period.>> That the Secretary shall submit the formula methodology to the Committees on Appropriations of the House of Representatives and the Senate not less than 15 days prior to publishing a Funding Opportunity Announcement:

Provided further, That,<<NOTE: in addition, fees may be collected for the costs of publications, data, data tabulations, and data analysis completed under title V of the PHS Act and provided to a public or private entity upon request, which shall be credited to this appropriation and shall remain available until expended for such purposes:

Fees.>> That, in addition, fees may be collected for the costs of publications, data, data tabulations, and data analysis completed under title V of the PHS Act and provided to a public or private entity upon request, which shall be credited to [[Page 133 STAT.

2568]] this appropriation and shall remain available until expended for such purposes:

program[[Page management133 ForSTAT. carrying out, except as otherwise provided, titles XI, XVIII, XIX, and XXI of the Social Security Act, titles XIII and XXVII of the PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and other responsibilities of the Centers for Medicare & Medicaid Services, not to exceed $3,669,744,000, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act;

2569]] program management For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and XXI of the Social Security Act, titles XIII and XXVII of the PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and other responsibilities of the Centers for Medicare & Medicaid Services, not to exceed $3,669,744,000, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act;

Provided further, That<<NOTE: the Secretary is directed to collect fees in fiscal year 2020 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:

Fees.>> That the Secretary is directed to collect fees in fiscal year 2020 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:

Administration[[Page for133 ChildrenSTAT. and Families payments to states for child support enforcement and family support programs For carrying out, except as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, $2,890,000,000, to remain available until expended;

2570]] Administration for Children and Families payments to states for child support enforcement and family support programs For carrying out, except as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, $2,890,000,000, to remain available until expended;

Provided further, That, after applying all applicable provisions of section 2604 of such Act and the previous proviso, each State or territory that would otherwise receive an allocation that is less than 97 percent of the amount that it received under this heading for fiscal year 2019 from amounts appropriated in Public Law 115-245 shall have its allocation increased to that 97 percent level, with the portions of other States' and territories' allocations that would exceed 100 percent of the amounts they respectively received in such fashion for fiscal year 2019 being ratably reduced.

refugee and entrant assistance (including transfer of funds) For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980, and for carrying out section 462 of the Homeland Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of (``TVPA''), and the Torture Victims Relief Act of 1998, $1,908,201,000, of which $1,864,446,000 shall remain available through September 30, 2022 for carrying out such sections 414, 501, 462, and 235:

Provided further, That not less than $160,000,000 shall[[Page be133 usedSTAT. for legal services, child advocates, and post-release services:

Provided2571]] further, That the limitation in section 205 of this Act regarding transfers increasing any appropriation shall applybe toused transfersfor tolegal appropriationsservices, underchild thisadvocates, headingand bypost-release substitutingservices: ``15 percent'' for ``3 percent''.

Provided further, <<NOTE:

Applicability.>> That the limitation in section 205 of this Act regarding transfers increasing any appropriation shall apply to transfers to appropriations under this heading by substituting ``15 percent'' for ``3 percent''.

Provided further, That all funds made available to carry out section 418 of the Social Security Act (42 U.S.C.

children and families services programs For carrying<<NOTE: out, except as otherwise provided, the Runaway and Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act, the Child Abuse Prevention and Treatment Act, sections 303 and 313 of the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (adoption opportunities), part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and of the Social Security Act, and the Community Services Block Grant Act (``CSBG Act'');

andGrants.>> forcarrying necessaryout, administrativeexcept expensesas tootherwise carryprovided, outthe titlesRunaway I, IV, V, X, XI, XIV, XVI, and XX-AHomeless ofYouth Act, the SocialHead SecurityStart Act, the ActEvery ofStudent JulySucceeds 5,Act, 1960, the Low-IncomeChild HomeAbuse EnergyPrevention Assistanceand ActTreatment ofAct, 1981,sections the303 Child Care and Development313 Block Grant Act of 1990, the AssetsFamily forViolence IndependencePrevention Act, title IV of the Immigration and NationalityServices Act, and section 501 of the RefugeeNative EducationAmerican AssistancePrograms Act of 1980,1974, $12,876,652,000,title II of whichthe $75,000,000,Child toAbuse remainPrevention availableand throughTreatment Septemberand 30,Adoption 2021,Reform shallAct beof for1978 grants(adoption toopportunities), Statespart forB-1 adoptionof andtitle legalIV guardianshipand incentivesections payments,429, as473A, defined477(i), by1110, section1114A, 473Aand 1115 of the Social Security ActAct, and maythe beCommunity madeServices forBlock adoptionsGrant andAct legal(``CSBG guardianshipsAct''); completed before September 30, 2020:

Provided,and Thatfor $10,613,095,000necessary shalladministrative beexpenses forto makingcarry paymentsout undertitles I, IV, V, X, XI, XIV, XVI, and XX-A of the HeadSocial StartSecurity Act, includingthe forAct Earlyof HeadJuly Start-Child5, 1960, the Low- Income Home Energy Assistance Act of 1981, the Child Care Partnerships,and and,Development Block Grant Act of which,1990, notwithstandingthe Assets for Independence Act, title IV of the Immigration and Nationality Act, and section 640501 of suchthe Act:Refugee Education Assistance Act of 1980, $12,876,652,000, of which $75,000,000, to remain available through September 30, 2021, shall be for grants to States for adoption and legal guardianship incentive payments, as defined by section 473A of the Social Security Act and may be made for adoptions and legal guardianships completed before September 30, 2020:

Provided, That $10,613,095,000 shall be for making payments under the Head Start Act, including for Early [[Page 133 STAT.

2572]] Head Start-Child Care Partnerships, and, of which, notwithstanding section 640 of such Act:

Provided further, That<<NOTE: the Secretary shall establish procedures regarding the disposition of intangible assets and program income that permit such assets acquired with, and program income derived from, grant funds authorized under section 680 of the CSBG Act to become the sole property of such grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with section 680(a)(2)(A) of the CSBG Act:

ProvidedProcedures. further, That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be used by grantees for any eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act:

ProvidedTime further,period. That these procedures shall apply to such grant funds made available after November 29, 1999:

42 USC 9921 note.>> That the Secretary shall establish procedures regarding the disposition of intangible assets and program income that permit such assets acquired [[Page 133 STAT.

2573]] with, and program income derived from, grant funds authorized under section 680 of the CSBG Act to become the sole property of such grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with section 680(a)(2)(A) of the CSBG Act:

Provided further, <<NOTE:

42 USC 9921 note.>> That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be used by grantees for any eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act:

Provided further, <<NOTE:

Applicability.

42 USC 9921 note.>> That these procedures shall apply to such grant funds made available after November 29, 1999:

Provided<<NOTE: further, That section 437(b)(1) shall be applied to amounts in the previous proviso by substituting ``5 percent'' for ``3.3 percent'', and notwithstanding section 436(b)(1), such reserved amounts may be used for identifying, establishing, and disseminating practices to meet the criteria specified in section 471(e)(4)(C):

Applicability.>> Provided further, That section 437(b)(1) shall be applied to amounts in the previous proviso by substituting ``5 percent'' for ``3.3 percent'', and notwithstanding section 436(b)(1), such reserved amounts may be used for identifying, establishing, and disseminating practices to meet the criteria specified in section 471(e)(4)(C):

payments[[Page for133 fosterSTAT. care and permanency For carrying out, except as otherwise provided, title IV-E of the Social Security Act, $5,744,000,000.

2574]] payments for foster care and permanency For carrying out, except as otherwise provided, title IV-E of the Social Security Act, $5,744,000,000.

Administration for Community Living aging and disability services programs (including transfer of funds) For carrying out, to the extent not otherwise provided, the Older Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the Supporting Grandparents Raising Grandchildren Act, titles III and XXIX of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of the Medicare Improvements for Patients and Providers Act of 2008, title XX-B of the Social Security Act, the Developmental Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title II of the Help America Vote Act of 2002, the Assistive Technology Act of 1998, titles II and VII (and section 14 with respect to such titles) of the Rehabilitation Act of 1973, and for Department-wide coordination of policy and program activities that assist individuals with disabilities, $2,171,000,000, together with $52,115,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to carry out section 4360 of the Omnibus Budget Reconciliation Act of 1990:

an interest buy-buy-down down program;

Provided further,<<NOTE: That none of the funds made available under this heading may be used by an eligible system (as defined in section 102 of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C.

10802))Notice. to continue to pursue any legal action in a Federal or State court on behalf of an individual or group of individuals with a developmental disability (as defined in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of (20 U.S.C.

Deadline.>> further, That [[Page 133 STAT.

2575]] none of the funds made available under this heading may be used by an eligible system (as defined in section 102 of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C.

10802)) to continue to pursue any legal action in a Federal or State court on behalf of an individual or group of individuals with a developmental disability (as defined in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of 2000 (20 U.S.C.

Provided further, That of the amounts provided under this heading from amounts available under section 241 of the PHS Act, $6,800,000 shall be available to[[Page carry133 outSTAT. evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches:

2576]] to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches:

Provided further, That<<NOTE: funding for such competitive grants for sexual risk avoidance shall use medically accurate information referenced to peer- reviewed publications by educational, scientific, governmental, or health organizations;

Sexual risk avoidance.>> That funding for such competitive grants for sexual risk avoidance shall use medically accurate information referenced to peer-reviewed publications by educational, scientific, governmental, or health organizations;

and teach the benefits associated with self-regulation,self- regulation, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting sexual coercion, dating violence, and other youth risk behaviors such as underage drinking or illicit drug use without normalizing teen sexual activity:

Provided further, That<<NOTE: funds provided in this Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions:

Embryo adoption.>> That funds provided in this Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions:

office[[Page for133 civilSTAT. rights For expenses necessary for the Office for Civil Rights, $38,798,000.

2577]] office for civil rights For expenses necessary for the Office for Civil Rights, $38,798,000.

Provided further, That products purchased with funds provided under this heading may, at the discretion of the Secretary, be deposited in the Strategic National Stockpile pursuant to section 319F-319F-2 of the PHS Act:

None of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other[[Page extramural133 mechanism,STAT. at a rate in excess of Executive Level II:

2578]] other extramural mechanism, at a rate in excess of Executive Level II:

None<<NOTE: of the funds appropriated in this Act may be expended pursuant to section 241 of the PHS Act, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in HHS, prior to the preparation and submission of a report by the Secretary to the Committees on Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds.

Reports.>> None of the funds appropriated in this Act may be expended pursuant to section 241 of the PHS Act, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in HHS, prior to the preparation and submission of a report by the Secretary to the Committees on Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds.

Notwithstanding<<NOTE: section 241(a) of the PHS Act, such portion as the Secretary shall determine, but not more than 2.5 percent, of any amounts appropriated for programs authorized under such Act shall be made available for the evaluation (directly, or by grants or contracts) and the implementation and effectiveness of programs funded in this title.

Determination.

Evaluation.>> Notwithstanding section 241(a) of the PHS Act, such portion as the Secretary shall determine, but not more than 2.5 percent, of any amounts appropriated for programs authorized under such Act shall be made available for the evaluation (directly, or by grants or contracts) and the implementation and effectiveness of programs funded in this title.

Provided further, That<<NOTE: the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

Notification.>> That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

In<<NOTE: lieu of the timeframe specified in section 338E(c)(2) of the PHS Act, terminations described in such section may occur up to days after the effective date of a contract awarded in fiscal year under section 338B of such Act, or at any time if the individual who has been awarded such contract has not received funds due under the contract.

Time period.

Contracts.>> In lieu of the timeframe specified in section 338E(c)(2) of the PHS Act, terminations described in such section may occur up to 60 days after the effective date of a contract awarded in fiscal year 2020 under section 338B of such Act, or at any time if the individual who has been awarded such contract has not received funds due under the contract.

None<<NOTE: of the funds appropriated in this Act may be made available to any entity under title X of the PHS Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities.

Certification.

Family planning.

Children and youth.>> None of the funds appropriated in this Act may be made available to any entity under title X of the PHS Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities.

Notwithstanding<<NOTE: any other provision of law, no provider of services under title X of the PHS Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.

Child abuse.>> Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.

None<<NOTE: of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions:

Provided,Abortion.>> ThatNone of the Secretaryfunds shallappropriated makeby appropriatethis prospectiveAct adjustments(including funds appropriated to theany capitationtrust paymentfund) may be used to carry out the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (based(including ona anProvider actuariallySponsored soundOrganization) estimatebecause ofthe entity informs the expectedSecretary coststhat ofit providingwill thenot serviceprovide, topay suchfor, entity'sprovide enrollees):coverage of, or provide referrals for abortions:

Provided, That the Secretary shall make appropriate prospective adjustments to the capitation payment to such an entity (based on an actuarially sound estimate [[Page 133 STAT.

2579]] of the expected costs of providing the service to such entity's enrollees):

None<<NOTE: of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control.

Gun control.>> None of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control.

The<<NOTE: Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization.

Government employees.

Children and youth.

AIDS.>> The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization.

The<<NOTE: Secretary shall consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of 1980 and other applicable statutes administered by the Department of State.

Consultation.>> The Secretary shall consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of and other applicable statutes administered by the Department of State.

The Secretary is<<NOTE: authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad.

Consultation.

Grants.

Contracts.>> is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad.

Leaves of absence for personnel under this subsection shall be on the same basis as that provided under subchapter I[[Page of133 chapterSTAT. 63 of title 5, United States Code, or section 903 of the Foreign Service Act of 1980, to individuals serving in the Foreign Service.

2580]] I of chapter 63 of title 5, United States Code, or section 903 of the Foreign Service Act of 1980, to individuals serving in the Foreign Service.

Provided, That<<NOTE: the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

Notification.>> That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

(b) Peer Review.--InReview.-- enteringIn into<<NOTE: transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit.

SuchProcedures. procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.

Consultation.

Assessments.>> entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit.

<<NOTE:

Applicability.>> Such procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.

(a)<<NOTE: The Biomedical Advanced Research and Development Authority (``BARDA'') may enter into a contract, for more than one but no more than 10 program years, for purchase of research services or of security countermeasures, as that term is defined in section 319F- 2(c)(1)(B) of the PHS Act (42 U.S.C.

Contracts.>> (a) The Biomedical Advanced Research and Development Authority (``BARDA'') may enter into a contract, for more [[Page 133 STAT.

2581]] than one but no more than 10 program years, for purchase of research services or of security countermeasures, as that term is defined in section 319F-2(c)(1)(B) of the PHS Act (42 U.S.C.

and (2) the<<NOTE: Secretary determines that a multi-year contract will serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of BARDA's programs.

Determination.>> the Secretary determines that a multi-year contract will serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of BARDA's programs.

(a)<<NOTE: The Secretary shall publish in the fiscal year 2021 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the ACA, and the amendments made by that Act, in the proposed fiscal year and each fiscal year since the enactment of the ACA.

Publication.

Web posting.>> (a) The Secretary shall publish in the fiscal year 2021 budget justification and on Departmental Web sites information concerning the employment of full- time equivalent Federal employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the ACA, and the amendments made by that Act, in the proposed fiscal year and each fiscal year since the enactment of the ACA.

The<<NOTE: Secretary shall publish, as part of the fiscal year budget of the President submitted under section 1105(a) of title 31, United States Code, information that details the uses of all funds used by the Centers for Medicare & Medicaid Services specifically for Health Insurance Exchanges for each fiscal year since the enactment of the ACA and the proposed uses for such funds for fiscal year 2021.

SuchPublication.>> informationThe Secretary shall include,publish, foras eachpart suchof the fiscal year,year 2021 budget of the amountPresident submitted under section 1105(a) of title 31, United States Code, information that details the uses of all funds used by the Centers for eachMedicare activity& specifiedMedicaid underServices thespecifically headingfor ``HealthHealth Insurance ExchangeExchanges Transparency''for ineach thefiscal explanatoryyear statementsince describedthe inenactment sectionof 4the (inACA and the matterproposed precedinguses divisionfor Asuch offunds thisfor consolidatedfiscal Act).year 2021.

Such information shall include, for each [[Page 133 STAT.

2582]] such fiscal year, the amount of funds used for each activity specified under the heading ``Health Insurance Exchange Transparency'' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(a)<<NOTE: Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section 4002 of the ACA to the accounts specified, in the amounts specified, and for the activities specified under the heading ``Prevention and Public Health Fund'' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

Deadline.>> (a) Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section of the ACA to the accounts specified, in the amounts specified, and for the activities specified under the heading ``Prevention and Public Health Fund'' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

Effective<<NOTE: during the period beginning on November 1, and ending January 1, 2022, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening, mammography, and prevention shall be administered by the Secretary involved as if-- (1) such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening, mammography, and prevention last issued before 2009;

Time period.>> Effective during the period beginning on November 1, 2015 and ending January 1, 2022, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening, mammography, and prevention shall be administered by the Secretary involved as if-- (1) such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening, mammography, and prevention last issued before 2009;

In<<NOTE: making Federal financial assistance, the provisions relating to indirect costs in part 75 of title 45, Code of Federal Regulations, including with respect to the approval of deviations from negotiated rates, shall continue to apply to the National Institutes of Health to the same extent and in the same manner as such provisions were applied in the third quarter of fiscal year 2017.

Applicability.>> In making Federal financial assistance, the provisions relating to indirect costs in part 75 of title 45, Code of Federal Regulations, including with respect to the approval of deviations from negotiated rates, shall continue to apply to the National Institutes of Health to the same extent and in the same manner as such provisions were applied in the third quarter of fiscal year 2017.

(transfer[[Page of133 funds)STAT. Sec.

2583]] (transfer of funds) Sec.

The<<NOTE: NIH Director may transfer funds specifically appropriated for opioid addiction, opioid alternatives, pain management, and addiction treatment to other Institutes and Centers of the NIH to be used for the same purpose 15 days after notifying the Committees on Appropriations:

Drugs and drug abuse.

Time period.

Notification.>> The NIH Director may transfer funds specifically appropriated for opioid addiction, opioid alternatives, pain management, and addiction treatment to other Institutes and Centers of the NIH to be used for the same purpose 15 days after notifying the Committees on Appropriations:

and (2) Notification<<NOTE: of any new or competitive grant awards, including supplements, authorized under section 330 of the Public Health Service Act.

(b)Notification.>> TheNotification Committees on Appropriations of theany Housenew andor Senatecompetitive mustgrant beawards, notifiedincluding atsupplements, leastauthorized 2under businesssection days330 in advance of any public release of enrollment information or the awardPublic ofHealth suchService grants.Act.

(b) <<NOTE:

Notification.

Time period.>> The Committees on Appropriations of the House and Senate must be notified at least 2 business days in advance of any public release of enrollment information or the award of such grants.

The<<NOTE: Department of Health and Human Services shall provide the Committees on Appropriations of the House of Representatives and Senate a biannual report 30 days after enactment of this Act on staffing described in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

Reports.>> The Department of Health and Human Services shall provide the Committees on Appropriations of the House of Representatives and Senate a biannual report 30 days after enactment of this Act on staffing described in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

For<<NOTE: purposes of this section, the term ``U.S.

Definition.

Territories.>> For purposes of this section, the term ``U.S.

279(g)(2)))[[Page in133 theSTAT. care of the Office of Refugee Resettlement of the Administration for Children and Families, including medical goods and services, which may include early childhood developmental screenings, school supplies, toys, clothing, and any other items intended to promote the wellbeing of such children.

2584]] 279(g)(2))) in the care of the Office of Refugee Resettlement of the Administration for Children and Families, including medical goods and services, which may include early childhood developmental screenings, school supplies, toys, clothing, and any other items intended to promote the wellbeing of such children.

(a)<<NOTE: None of the funds provided by this or any prior appropriations Act may be used to reverse changes in procedures made by operational directives issued to providers by the Office of Refugee Resettlement on December 18, 2018, March 23, 2019, and June 10, 2019 regarding the Memorandum of Agreement on Information Sharing executed April 13, 2018.

(b)Aliens. Notwithstanding subsection (a), the Secretary may make changes to such operational directives upon making a determination that such changes are necessary to prevent unaccompanied alien children from being placed in danger, and the Secretary shall provide a written justification to Congress and the Inspector General of the Department of Health and Human Services in advance of implementing such changes.

(c)Children Withinand 15youth.>> days(a) None of the Secretary'sfunds communicationprovided ofby thethis justification,or theany Inspectorprior Generalappropriations ofAct themay Departmentbe ofused Healthto andreverse Humanchanges Servicesin shallprocedures providemade anby assessment,operational indirectives writing,issued to providers by the SecretaryOffice andof toRefugee CommitteesResettlement on AppropriationsDecember of18, the2018, HouseMarch of23, Representatives2019, and theJune Senate10, of2019 whetherregarding suchthe changesMemorandum toof operationalAgreement directiveson areInformation necessarySharing toexecuted preventApril unaccompanied13, children2018. from being placed in danger.

(b) <<NOTE:

Determination.>> Notwithstanding subsection (a), the Secretary may make changes to such operational directives upon making a determination that such changes are necessary to prevent unaccompanied alien children from being placed in danger, and the Secretary shall provide a written justification to Congress and the Inspector General of the Department of Health and Human Services in advance of implementing such changes.

(c) <<NOTE:

Deadline.

Assessment.>> Within 15 days of the Secretary's communication of the justification, the Inspector General of the Department of Health and Human Services shall provide an assessment, in writing, to the Secretary and to Committees on Appropriations of the House of Representatives and the Senate of whether such changes to operational directives are necessary to prevent unaccompanied children from being placed in danger.

None<<NOTE: of the funds made available in this Act under the heading ``Department of Health and Human Services--Administration for Children and Families--Refugee and Entrant Assistance'' may be obligated to a grantee or contractor to house unaccompanied alien children (as such term is defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.

279(g)(2)))Aliens. in any facility that is not State-licensed for the care of unaccompanied alien children, except in the case that the Secretary determines that housing unaccompanied alien children in such a facility is necessary on a temporary basis due to an influx of such children or an emergency, provided that-- (1) the terms of the grant or contract for the operations of any such facility that remains in operation for more than six consecutive months shall require compliance with-- (A) the same requirements as licensed placements, as listed in Exhibit 1 of the Flores Settlement Agreement that the Secretary determines are applicable to non-State licensed facilities;

Children and youth.

Determination.>> None of the funds made available in this Act under the heading ``Department of Health and Human Services--Administration for Children and Families--Refugee and Entrant Assistance'' may be obligated to a grantee or contractor to house unaccompanied alien children (as such term is defined in section 462(g)(2) of the Homeland Security Act of (6 U.S.C.

279(g)(2))) in any facility that is not State-licensed for the care of unaccompanied alien children, except in the case that the Secretary determines that housing unaccompanied alien children in such a facility is necessary on a temporary basis due to an influx of such children or an emergency, provided that-- (1) <<NOTE:

Time period.

Requirements.

Compliance.>> the terms of the grant or contract for the operations of any such facility that remains in operation for more than six consecutive months shall require compliance with-- (A) <<NOTE:

Determination.>> the same requirements as licensed placements, as listed in Exhibit 1 of the Flores Settlement Agreement that the Secretary determines are applicable to non-State licensed facilities;

(2) the<<NOTE: Secretary may grant a 60-day waiver for a contractor's or grantee's non-compliance with paragraph (1) if the Secretary certifies and provides a report to Congress on the contractor's or grantee's good-faith efforts and progress towards compliance;

Time period.

Waiver authority.

Certification.

Reports.>> the Secretary may grant a 60-day waiver for a contractor's or grantee's non-compliance with paragraph (1) if the Secretary certifies and provides a report to Congress on the contractor's or grantee's good-faith efforts and progress towards compliance;

(4)[[Page ORR133 shallSTAT. ensure full adherence to the monitoring requirements set forth in section 5.5 of its Policies and Procedures Guide as of May 15, 2019;

(5)2585]] for(4) anyORR suchshall unlicensedensure facilityfull inadherence operationto forthe moremonitoring thanrequirements threeset consecutiveforth months,in ORRsection shall5.5 conduct a minimum of oneits comprehensivePolicies monitoringand visitProcedures duringGuide theas first three months of operation,May with15, quarterly2019; monitoring visits thereafter;

and(5) (6)<<NOTE: not later than 60 days after the date of enactment of this Act, ORR shall brief the Committees on Appropriations of the House of Representatives and the Senate outlining the requirements of ORR for influx facilities including any requirement listed in paragraph (1)(A) that the Secretary has determined are not applicable to non-State licensed facilities.

Time periods.>> for any such unlicensed facility in operation for more than three consecutive months, ORR shall conduct a minimum of one comprehensive monitoring visit during the first three months of operation, with quarterly monitoring visits thereafter;

and (6) <<NOTE:

Deadline.

Briefing.>> not later than 60 days after the date of enactment of this Act, ORR shall brief the Committees on Appropriations of the House of Representatives and the Senate outlining the requirements of ORR for influx facilities including any requirement listed in paragraph (1)(A) that the Secretary has determined are not applicable to non- State licensed facilities.

In<<NOTE: addition to the existing Congressional notification for formal site assessments of potential influx facilities, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 15 days before operationalizing an unlicensed facility, and shall (1) specify whether the facility is hard-sided or soft-sided, and (2) provide analysis that indicates that, in the absence of the influx facility, the likely outcome is that unaccompanied alien children will remain in the custody of the Department of Homeland Security for longer than 72 hours or that unaccompanied alien children will be otherwise placed in danger.

WithinNotification. days of bringing such a facility online, and monthly thereafter, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report detailing the total number of children in care at the facility, the average length of stay and average length of care of children at the facility, and, for any child that has been at the facility for more than 60 days, their length of stay and reason for delay in release.

Time period.

Analysis.

Aliens.

Children and youth.

6 USC 279 note.>> In addition to the existing Congressional notification for formal site assessments of potential influx facilities, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 15 days before operationalizing an unlicensed facility, and shall (1) specify whether the facility is hard-sided or soft-sided, and (2) provide analysis that indicates that, in the absence of the influx facility, the likely outcome is that unaccompanied alien children will remain in the custody of the Department of Homeland Security for longer than 72 hours or that unaccompanied alien children will be otherwise placed in danger.

<<NOTE:

Reports.

Time periods.>> Within 60 days of bringing such a facility online, and monthly thereafter, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report detailing the total number of children in care at the facility, the average length of stay and average length of care of children at the facility, and, for any child that has been at the facility for more than 60 days, their length of stay and reason for delay in release.

None<<NOTE: of the funds made available in this Act may be used to prevent a United States Senator or Member of the House of Representatives from entering, for the purpose of conducting oversight, any facility in the United States used for the purpose of maintaining custody of, or otherwise housing, unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.

Congress.

Aliens.

Children and youth.

Time period.>> None of the funds made available in this Act may be used to prevent a United States Senator or Member of the House of Representatives from entering, for the purpose of conducting oversight, any facility in the United States used for the purpose of maintaining custody of, or otherwise housing, unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.

Not<<NOTE: later than 14 days after the date of enactment of this Act, and monthly thereafter, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and make publicly available online, a report with respect to children who were separated from their parents or legal guardians by the Department of Homeland Security (DHS) (regardless of whether or not such separation was pursuant to an option selected by the children, parents, or guardians), subsequently classified as unaccompanied alien children, and transferred to the care and custody of ORR during the previous month.

Public information.

Web posting.

Reports.

Aliens.

Children and youth.

6 USC 279 note.>> Not later than 14 days after the date of enactment of this Act, and monthly thereafter, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and make publicly available online, a report with respect to children who were separated from their parents or legal guardians by the Department of Homeland Security (DHS) (regardless of whether or not such separation was pursuant to an option selected by the children, parents, or guardians), subsequently classified as unaccompanied alien children, and transferred to the care and custody of ORR during the previous month.

(1)[[Page the133 numberSTAT. and ages of children so separated subsequent to apprehension at or between ports of entry, to be reported by sector where separation occurred;

2586]] (1) the number and ages of children so separated subsequent to apprehension at or between ports of entry, to be reported by sector where separation occurred;

Provided, That<<NOTE: such amount may be available for Ebola preparedness and response activities without regard to the limitations in the third proviso in such section 231.

Ebola.>> That such amount may be available for Ebola preparedness and response activities without regard to the limitations in the third proviso in such section 231.

Of<<NOTE: the unobligated balances in the ``Nonrecurring Expenses Fund'' established in section 223 of division G of Public Law 110-161, $350,000,000 are hereby rescinded not later than September 30, 2020.

Deadline.>> Of the unobligated balances in the ``Nonrecurring Expenses Fund'' established in section 223 of division G of Public Law 110-161, $350,000,000 are hereby rescinded not later than September 30, 2020.

TITLE III DEPARTMENT<<NOTE: OF EDUCATION Education for the Disadvantaged For carrying out title I and subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965 (referred to in this Act as ``ESEA'') and section 418A of the Higher Education Act of 1965 (referred to in this Act as ``HEA''), $16,996,790,000, of which $6,077,990,000 shall become available on July 1, 2020, and shall remain available through September 30, 2021, and of which $10,841,177,000 shall become available on October 1, 2020, and shall remain available through September 30, 2021, for academic year 2020-2021:

Provided,Department Thatof $6,459,401,000Education shallAppropriations beAct, 2020.>> DEPARTMENT OF EDUCATION Education for basicthe grantsDisadvantaged underFor carrying out title I and subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965 (referred to in this Act as ``ESEA'') and section 1124418A of the ESEA:Higher Education Act of 1965 (referred to in this Act as ``HEA''), $16,996,790,000, of which $6,077,990,000 shall become available on July 1, 2020, and shall remain available through September 30, 2021, and of which $10,841,177,000 shall become available on October 1, 2020, and shall remain available through September 30, 2021, for academic year 2020-2021:

Provided, That $6,459,401,000 shall be for [[Page 133 STAT.

2587]] basic grants under section 1124 of the ESEA:

Provided further, That $4,244,050,000 shall be for targeted grants under section 1125 of the ESEA:

Provided further, That $36,897,000 shall<<NOTE: be for part B of title VI, which may be used for construction, renovation, and modernization of any public elementary school, secondary school, or structure related to a public elementary school or secondary school that serves a predominantly Native Hawaiian student body, and that the 5 percent limitation in section 6205(b) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs:

ProvidedApplicability.>> further, That $35,953,000 shall be for part CB of title VI, which shall be awarded on a competitive basis, and may be used for construction, renovation, and thatmodernization theof 5any percentpublic limitationelementary inschool, sectionsecondary 6305school, ofor thestructure ESEArelated onto thea usepublic ofelementary fundsschool foror administrativesecondary purposesschool shallthat applyserves onlya to[[Page direct133 administrativeSTAT. costs:

2588]] predominantly Native Hawaiian student body, and that the 5 percent limitation in section 6205(b) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs:

Provided further, <<NOTE:

Applicability.>> That $35,953,000 shall be for part C of title VI, which shall be awarded on a competitive basis, and may be used for construction, and that the 5 percent limitation in section 6305 of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs:

Provided, That the 5<<NOTE: percent limitation in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs.

Applicability.>> 5 percent limitation in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs.

Safe[[Page Schools133 andSTAT. Citizenship Education For carrying out activities authorized by subparts 2 and 3 of part F of title IV of the ESEA, $210,000,000:

2589]] Safe Schools and Citizenship Education For carrying out activities authorized by subparts 2 and 3 of part F of title IV of the ESEA, $210,000,000:

Provided further, That<<NOTE: $80,000,000 shall be available through December 31, 2020, for section 4624, of which $6,000,000 shall be for additional two-year extension awards to grantees that received such awards in fiscal year 2018.

Extension.>> That $80,000,000 shall be available through December 31, 2020, for section 4624, of which $6,000,000 shall be for additional two-year extension awards to grantees that received such awards in fiscal year 2018.

Special Education For<<NOTE: carrying out the Individuals with Disabilities Education Act (IDEA) and the Special Olympics Sport and Empowerment Act of 2004, $13,885,228,000, of which $4,352,129,000 shall become available on July 1, 2020, and shall remain available through September 30, 2021, and of which $9,283,383,000 shall become available on October 1, 2020, and shall remain available through September 30, 2021, for academic year 2020-2021:

State and local governments.>> For carrying out the Individuals with Disabilities Education Act (IDEA) and the Special Olympics Sport and Empowerment Act of 2004, $13,885,228,000, of which $4,352,129,000 shall become available on July 1, 2020, and shall remain available through September 30, 2021, and of which $9,283,383,000 shall become available on October 1, 2020, and shall remain available through September 30, 2021, for academic year 2020-2021:

Provided further, That<<NOTE: the amount by which a State's allocation under section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and the amounts distributed to States under the previous provisos in fiscal year 2012 or any subsequent year shall not be considered in calculating the awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years:

Provided20 further,USC That,1411 notwithstandingnote.>> theThat provision in section 612(a)(18)(B) regarding the fiscalamount yearby in which a State's allocation under section 611(d) of the IDEA is reduced forunder failuresection to612(a)(18)(B) complyand with the requirementamounts ofdistributed sectionto 612(a)(18)(A),States theunder Secretary may apply the reductionprevious specifiedprovisos in sectionfiscal 612(a)(18)(B)year over2012 aor periodany ofsubsequent consecutiveyear fiscalshall years, not tobe exceedconsidered five,[[Page until133 theSTAT. entire reduction is applied:

Provided2590]] further, That the Secretary may, in anycalculating fiscal year in which a State's allocation under section 611 is reduced in accordance with section 612(a)(18)(B), reduce the amountawards a State may reserve under section 611(e)(1)611(d) byfor an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under section 612(a)(18)(B) bears to the total allocation the State would have received in that fiscal year under2013 sectionor 611(d)for inany thesubsequent absencefiscal ofyears: the reduction:

Provided further, That<<NOTE: the Secretary shall either reduce the allocation of funds under section 611 for any fiscal year following the fiscal year for which the State fails to comply with the requirement of section 612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to recover funds under section 452 of the General Education Provisions Act (20 U.S.C.

Applicability.

Time period.>> That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal year in which a State's allocation under section 611(d) is reduced for failure to comply with the requirement of section 612(a)(18)(A), the Secretary may apply the reduction specified in section 612(a)(18)(B) over a period of consecutive fiscal years, not to exceed five, until the entire reduction is applied:

Provided further, <<NOTE:

20 USC 1411 note.>> That the Secretary may, in any fiscal year in which a State's allocation under section 611 is reduced in accordance with section 612(a)(18)(B), reduce the amount a State may reserve under section 611(e)(1) by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under section 612(a)(18)(B) bears to the total allocation the State would have received in that fiscal year under section 611(d) in the absence of the reduction:

Provided further, <<NOTE:

20 USC 1411 note.>> That the Secretary shall either reduce the allocation of funds under section 611 for any fiscal year following the fiscal year for which the State fails to comply with the requirement of section 612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to recover funds under section 452 of the General Education Provisions Act (20 U.S.C.

Provided further, That the funds reserved under 611(c) of the IDEA may be used to provide technical assistance to States to improve the capacity of the States to meet the data collection requirements of sections 616 and 618 and to administer and carry out other services and activities to improve data collection, coordination, quality, and use under parts B and C of the IDEA:

Provided further, That the<<NOTE: Secretary may use funds made available for the State Personnel Development Grants program under part D, subpart 1 of IDEA to evaluate program performance under such subpart:

ProvidedEvaluation.>> further,the ThatSecretary States may use funds reservedmade available for other State-level activities under sections 611(e)(2) and 619(f) of the IDEAState toPersonnel makeDevelopment subgrantsGrants toprogram localunder educationalpart agencies,D, institutionssubpart 1 of higherIDEA education, other public agencies, and private non-profit organizations to carryevaluate outprogram activitiesperformance authorizedunder bysuch thosesubpart: sections:

Provided further, That,<<NOTE: notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer States apply for grants pursuant to section 643(e) of such Act, the Secretary shall provide a grant to each State in an amount equal to the maximum amount described in section 643(e)(2)(B) of such Act:

Grants.>> That States may use funds reserved for other State-level activities under sections 611(e)(2) and 619(f) of the IDEA to make subgrants to local educational agencies, institutions of higher education, other public agencies, and private non-profit organizations to carry out activities authorized by those sections:

Provided further, <<NOTE:

Grants.>> That, notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer States apply for grants pursuant to section 643(e) of such Act, the Secretary shall provide a grant to each State in an amount equal to the maximum amount described in section 643(e)(2)(B) of such Act:

Provided, That the Secretary may use amounts provided in this Act that remain available subsequent to the reallotment of funds to States pursuant to section 110(b) of the Rehabilitation Act for innovative activities aimed at improving the outcomes of individuals with disabilities as defined in section 7(20)(B) of the Rehabilitation[[Page Act,133 includingSTAT. activities aimed at improving the education and post-school outcomes of children receiving Supplemental Security Income (``SSI'') and their families that may result in long-term improvement in the SSI child recipient's economic status and self-sufficiency:

2591]] Rehabilitation Act, including activities aimed at improving the education and post-school outcomes of children receiving Supplemental Security Income (``SSI'') and their families that may result in long- term improvement in the SSI child recipient's economic status and self- sufficiency:

The<<NOTE: maximum Pell Grant for which a student shall be eligible during award year 2020-2021 shall be $5,285.

Student20 AidUSC Administration1070a Fornote.>> FederalThe administrativemaximum expensesPell toGrant carryfor outwhich parta Dstudent ofshall titlebe I,eligible andduring subpartsaward 1,year 3,2020-2021 9,shall andbe 10$5,285. of part A, and parts B, C, D, and E of title IV of the HEA, and subpart 1 of part A of title VII of the Public Health Service Act, $1,768,943,000, to remain available through September 30, 2021:

[[Page 133 STAT.

2592]] Student Aid Administration For Federal administrative expenses to carry out part D of title I, and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of title IV of the HEA, and subpart 1 of part A of title VII of the Public Health Service Act, $1,768,943,000, to remain available through September 30, 2021:

Provided further, That<<NOTE: for student loan contracts awarded prior to October 1, 2017, the Secretary shall allow student loan borrowers who are consolidating Federal student loans to select from any student loan servicer to service their new consolidated student loan:

Provided20 further,USC That1087f innote.>> orderThat tofor promotestudent accountabilityloan andcontracts high-qualityawarded serviceprior to borrowers,October 1, 2017, the Secretary shall notallow award funding for any contract solicitation for a new Federal student loan servicingborrowers environment,who includingare theconsolidating solicitation for the Federal Student Aid (FSA) Next Generation Processing and Servicing Environment, unless such an environment provides for the participation of multiple student loanloans servicers that contract directly with the Department of Education to manageselect a unique portfolio of borrower accounts and the full life-cycle of loans from disbursementany to pay-off with certain limited exceptions, and allocates student loan borrowerservicer accounts to eligibleservice studenttheir loannew servicersconsolidated basedstudent onloan: performance:

Provided further, That in order to promote accountability and high- quality service to borrowers, the Secretary shall not award funding for any contract solicitation for a new Federal student loan servicing environment, including the solicitation for the Federal Student Aid (FSA) Next Generation Processing and Servicing Environment, unless such an environment provides for the participation of multiple student loan servicers that contract directly with the Department of Education to manage a unique portfolio of borrower accounts and the full life-cycle of loans from disbursement to pay-off with certain limited exceptions, and allocates student loan borrower accounts to eligible student loan servicers based on performance:

Provided further, That<<NOTE: the Secretary shall provide quarterly briefings to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Health, Education, Labor, and Pensions of the Senate on general progress related to solicitations for Federal student loan servicing contracts:

Briefings.>> That the Secretary shall provide quarterly briefings to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Health, Education, Labor, and Pensions of the Senate on general progress related to solicitations for Federal student loan servicing contracts:

Higher[[Page Education133 ForSTAT. carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and Cultural Exchange Act of 1961, and section 117 of the Perkins Act, $2,475,792,000, of which $24,500,000 shall remain available through December 31, 2020:

2593]] Higher Education For carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and Cultural Exchange Act of 1961, and section 117 of the Perkins Act, $2,475,792,000, of which $24,500,000 shall remain available through December 31, 2020:

Provided further, That<<NOTE: during the period of deferment of such a loan, interest on the loan will not accrue or be capitalized, and the period of deferment shall be for at least a period of 3-fiscal years and not more than 6-fiscal years:

Time period.>> That during the period of deferment of such a loan, interest [[Page 133 STAT.

2594]] on the loan will not accrue or be capitalized, and the period of deferment shall be for at least a period of 3-fiscal years and not more than 6-fiscal years:

Provided further, That<<NOTE: the Secretary shall create and execute an outreach plan to work with States and the Capital Financing Advisory Board to improve outreach to States and help additional public Historically Black Colleges and Universities participate in the program.

Outreach plan.>> That the Secretary shall create and execute an outreach plan to work with States and the Capital Financing Advisory Board to improve outreach to States and help additional public Historically Black Colleges and Universities participate in the program.

Provided,<<NOTE: That during the period of deferment of such a loan, interest on the loan will not accrue or be capitalized, and the period of deferment shall be for at least a period of 3-fiscal years and not more than 6-fiscal years.

Time period.>> Provided, That during the period of deferment of such a loan, interest on the loan will not accrue or be capitalized, and the period of deferment shall be for at least a period of 3-fiscal years and not more than 6-fiscal years.

Provided, That funds available to carry out section 208 of the Educational Technical Assistance Act may be used to link Statewide elementary and secondary data systems with early childhood, postsecondary, and workforce data systems, or to further develop such systems:

Provided, That, notwithstanding any other provision of law, none of the funds provided by this Act or provided by previous Appropriations Acts to the Department of Education available for obligation or expenditure in the current fiscal year may be used for any activity relating to implementing a reorganization that decentralizes, reduces the staffing level, or alters the responsibilities, structure, authority, or[[Page functionality133 ofSTAT. the Budget Service of the Department of Education, relative to the organization and operation of the Budget Service as in effect on January 1, 2018.

2595]] or functionality of the Budget Service of the Department of Education, relative to the organization and operation of the Budget Service as in effect on January 1, 2018.

No<<NOTE: funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools.

Voluntary prayer.

Meditation.>> No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools.

Provided further, That<<NOTE: the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

Notification.

Time period.>> That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

(rescission)[[Page Sec.133 STAT.

2596]] (rescission) Sec.

(a)<<NOTE: In General.--For the purpose of carrying out 34 CFR Sec.

Waiver authority.>> (a) In General.--For the purpose of carrying out 34 CFR Sec.

Provided further, That<<NOTE: the Secretary shall also communicate to all Direct Loan borrowers the full requirements of section 455(m) of such Act and improve the filing of employment certification by providing improved outreach and information such as outbound calls, electronic communications, ensuring prominent access to program requirements and benefits on each servicer's website, and creating an option for all borrowers to complete the entire payment certification process electronically and on a centralized website.

Website.>> That the Secretary shall also communicate to all Direct Loan borrowers the full requirements of section 455(m) of such Act and improve the filing of employment certification by providing improved outreach and information such as outbound calls, electronic communications, ensuring prominent access to program requirements and benefits on each servicer's website, and creating an option for all borrowers to complete the entire payment certification process electronically and on a centralized website.

Sec.[[Page 133 STAT.

2597]] Sec.

Provided, That<<NOTE: the monthly payment made 12 months before the borrower applied for loan cancellation as described in the matter preceding this proviso and the most recent monthly payment made by the borrower at the time of such application were each not less than the monthly amount that would be calculated under, and for which the borrower would otherwise qualify for, clause (i) or (iv) of section 455(m)(1)(A) regarding income-based or income-contingent repayment plans, with exception for a borrower who would have otherwise been eligible under this section but demonstrates an unusual fluctuation of income over the past 5 years:

Time periods.>> That the monthly payment made 12 months before the borrower applied for loan cancellation as described in the matter preceding this proviso and the most recent monthly payment made by the borrower at the time of such application were each not less than the monthly amount that would be calculated under, and for which the borrower would otherwise qualify for, clause (i) or (iv) of section 455(m)(1)(A) regarding income-based or income-contingent repayment plans, with exception for a borrower who would have otherwise been eligible under this section but demonstrates an unusual fluctuation of income over the past 5 years: