PL-116-94 Public Law 116-94 US

This Act may be cited as the ``Further Consolidated Appropriations Act, 2020''.

Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Explanatory statement. Sec. 5. Statement of appropriations. Sec. 6. Availability of funds. Sec. 7. Adjustments to compensation. Sec. 8 Office of Management and Budget Reporting Requirements.

DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020

Title I--Department of Labor Title II--Department of Health and Human Services Title III--Department of Education Title IV--Related Agencies Title V--General Provisions

DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020

Title I--Agricultural Programs Title II--Farm Production and Conservation Programs Title III--Rural Development Programs Title IV--Domestic Food Programs Title V--Foreign Assistance and Related Programs Title VI--Related Agencies and Food and Drug Administration Title VII--General Provisions

DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2020

Title I--Corps of Engineers--Civil Title II--Department of the Interior Title III--Department of Energy Title IV--Independent Agencies Title V--General Provisions

DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020

Title I--Department of the Interior Title II--Environmental Protection Agency Title III--Related Agencies

Title IV--General Provisions

DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020

Title I--Legislative Branch Title II--General Provisions

DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020

Title I--Department of Defense Title II--Department of Veterans Affairs Title III--Related Agencies Title IV--Overseas Contingency Operations Title V--Natural Disaster Relief Title VI--General Provisions

DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2020

Title I--Department of State and Related Agency Title II--United States Agency for International Development Title III--Bilateral Economic Assistance Title IV--International Security Assistance Title V--Multilateral Assistance Title VI--Export and Investment Assistance Title VII--General Provisions

DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020

Title I--Department of Transportation Title II--Department of Housing and Urban Development Title III--Related Agencies Title IV--General Provisions--This Act

DIVISION I--EXTENSIONS

Title I--Immigration Extensions Title II--National Flood Insurance Program Extension Title III--Secure Rural Schools and Community Self-Determination Extension Title IV--Export-Import Bank Extension Title V--Terrorism Risk Insurance Program Extension Title VI--NASA Enhanced Use Leasing Extension Title VII--INKSNA Extension Title VIII--Brand USA Extension Title IX--DC Opportunity Scholarship Extensions Title X--Budgetary Effects

DIVISION J--FOREIGN POLICY

DIVISION K--NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE COIN

DIVISION L--DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS

DIVISION M--BIPARTISAN AMERICAN MINERS

DIVISION N--HEALTH AND HUMAN SERVICES EXTENDERS

DIVISION O--SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT

DIVISION P--OTHER MATTER

Title I--Platte River Recovery Implementation Program Title II--Great Lakes Title III--Morris K. Udall and Stewart L. Udall Foundation Title IV--White Horse Hill National Game Preserve Title V--Pittman-Robertson Fund Title VI--John F. Kennedy Center Title VII--Preserving America's Battlefields Title VIII--Veterans Affairs Report on Disability Compensation and the Positive Association With Exposure to an Herbicide Agent Title IX--Disaster Recovery Workforce Title X--Television Viewer Protection

Title XI--Eligibility to Receive Signals Under a Distant-Signal Satellite License Title XII--Groundfish Trawl Fishery Title XIII--Temporary Relief from Certain ERISA Requirements Title XIV--Library of Congress Technical Corrections Title XV--Senate Entities Title XVI--Legislative Branch Inspectors General Independence Title XVII--Managing Political Fund Activity Title XVIII--Kentucky Wildlands National Heritage Area Study Title XIX--International Bank for Reconstruction and Development Title XX--European Energy Security and Diversification Act of 2019

DIVISION Q--REVENUE PROVISIONS

Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division.

The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about December 17, 2019, and submitted by the Chairwoman of the Committee on Appropriations of the House, shall have the same effect with respect to the allocation of funds and implementation of divisions A through H of this Act as if it were a joint explanatory statement of a committee of conference.

The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020.

(a) Each amount designated in this Act by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. (b) Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.

Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments for Members of Congress) during fiscal year 2020.

(a) As of the date of enactment of this Act, section 150 of the Continuing Appropriations Act, 2020 (division A of Public Law 116-59), as added by the Further Continuing Appropriations Act, 2020 (division A of Public Law 116-69), shall no longer have any force or effect. (b) Notwithstanding the ``7 calendar days'' requirement in section 251(a)(7)(B) of the Balanced Budget and Emergency Deficit

Control Act of 1985 (2 U.S.C. 901(a)(7)(B)), for any appropriations Act for fiscal year 2020 enacted before January 1, 2020, the Office of Management and Budget shall transmit to the Congress its report under that section estimating the discretionary budgetary effects of such Acts not later than January 15, 2020.

DIVISION A-- <<NOTE: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2020.>> DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020

TITLE I

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as ``WIOA'') and the National Apprenticeship Act, $3,611,200,000, plus reimbursements, shall be available. Of the amounts provided: (1) for grants to States for adult employment and training activities, youth activities, and dislocated worker employment and training activities, $2,819,832,000 as follows: (A) $854,649,000 for adult employment and training activities, of which $142,649,000 shall be available for the period July 1, 2020 through June 30, 2021, and of which $712,000,000 shall be available for the period October 1, 2020 through June 30, 2021; (B) $913,130,000 for youth activities, which shall be available for the period April 1, 2020 through June 30, 2021; and (C) $1,052,053,000 for dislocated worker employment and training activities, of which $192,053,000 shall be available for the period July 1, 2020 through June 30, 2021, and of which $860,000,000 shall be available for the period October 1, 2020 through June 30, 2021: Provided, That the funds available for allotment to outlying areas to carry out subtitle B of title I of the WIOA shall not be subject to the requirements of section 127(b)(1)(B)(ii) of such Act; and (2) for national programs, $791,368,000 as follows: (A) $270,859,000 for the dislocated workers assistance national reserve, of which $70,859,000 shall be available for the period July 1, 2020 through September 30, 2021, and of which $200,000,000 shall be available for the period October 1, 2020 through September 30, 2021: Provided, That funds provided to carry out section 132(a)(2)(A) of the WIOA may be used to provide assistance to a State for statewide or local use in order to address cases where there have been worker dislocations across multiple sectors or across multiple local areas and such workers remain dislocated; coordinate the State workforce development plan with emerging economic development needs; and train such eligible dislocated workers: Provided further, That funds provided to carry out sections 168(b) and 169(c) of

the WIOA may be used for technical assistance and demonstration projects, respectively, that provide assistance to new entrants in the workforce and incumbent workers: Provided further, That notwithstanding section 168(b) of the WIOA, of the funds provided under this subparagraph, the Secretary of Labor (referred to in this title as ``Secretary'') may reserve not more than 10 percent of such funds to provide technical assistance and carry out additional activities related to the transition to the WIOA: Provided further, That of the funds provided under this subparagraph, $70,000,000 shall be for training and employment assistance under sections 168(b), 169(c) (notwithstanding the 10 percent limitation in such section) and 170 of the WIOA as follows: (i) $30,000,000 shall be for workers in the Appalachian region, as defined by 40 U.S.C. 14102(a)(1) and workers in the Lower Mississippi, as defined in section 4(2) of the Delta Development Act (Public Law 100-460, 102 Stat. 2246; 7 U.S.C. 2009aa(2)); (ii) $40,000,000 shall be for the purpose of developing, offering, or improving educational or career training programs at community colleges, defined as public institutions of higher education, as described in section 101(a) of the Higher Education Act and at which the associate's degree is primarily the highest degree awarded, with other eligible institutions of higher education, as defined in section 101(a) of the Higher Education Act, eligible to participate through consortia, with community colleges as the lead grantee: Provided, That the Secretary shall follow the requirements for the program in House Report 116-62: Provided further, That any grant funds used for apprenticeships shall be used to support only apprenticeship programs registered under the National Apprenticeship Act and as referred to in section 3(7)(B) of the Workforce Innovation and Opportunity Act; (B) $55,000,000 for Native American programs under section 166 of the WIOA, which shall be available for the period July 1, 2020 through June 30, 2021; (C) $91,896,000 for migrant and seasonal farmworker programs under section 167 of the WIOA, including $85,229,000 for formula grants (of which not less than 70 percent shall be for employment and training services), $6,122,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $545,000 for other discretionary purposes, which shall be available for the period April 1, 2020 through June 30, 2021: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor shall take no action limiting the number or proportion of eligible participants receiving related assistance services or discouraging grantees from providing such services; (D) $94,534,000 for YouthBuild activities as described in section 171 of the WIOA, which shall be available for the period April 1, 2020 through June 30, 2021;

(E) $98,079,000 for ex-offender activities, under the authority of section 169 of the WIOA, which shall be available for the period April 1, 2020 through June 30, 2021: Provided, That of this amount, $25,000,000 shall be for competitive grants to national and regional intermediaries for activities that prepare young ex-offenders and school dropouts for employment, with a priority for projects serving high-crime, high- poverty areas; (F) $6,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which shall be available for the period July 1, 2020 through June 30, 2021; and (G) $175,000,000 to expand opportunities through apprenticeships only registered under the National Apprenticeship Act and as referred to in section 3(7)(B) of the WIOA, to be available to the Secretary to carry out activities through grants, cooperative agreements, contracts and other arrangements, with States and other appropriate entities, which shall be available for the period July 1, 2020 through June 30, 2021.

job corps

(including transfer of funds)

To carry out subtitle C of title I of the WIOA, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration, and repairs of buildings and other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,743,655,000, plus reimbursements, as follows: (1) $1,603,325,000 for Job Corps Operations, which shall be available for the period July 1, 2020 through June 30, 2021; (2) $108,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the period July 1, 2020 through June 30, 2023, and which may include the acquisition, maintenance, and repair of major items of equipment: Provided, That the Secretary may transfer up to 15 percent of such funds to meet the operational needs of such centers or to achieve administrative efficiencies: Provided further, That any funds transferred pursuant to the preceding provision shall not be available for obligation after June 30, 2021: Provided further, 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:

Provided, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps centers.

community service employment for older americans

To carry out title V of the Older Americans Act of 1965 (referred to in this Act as ``OAA''), $405,000,000, which shall be available for the period April 1, 2020 through June 30, 2021, and may

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

federal unemployment benefits and allowances

For payments during fiscal year 2020 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that Act; and for training, employment and case management services, allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974, and including benefit payments, allowances, training, employment and case management services, and related State administration provided pursuant to section 231(a) of the Trade Adjustment Assistance Extension Act of 2011 and section 405(a) of the Trade Preferences Extension Act of 2015, $680,000,000 together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15, 2020: Provided, That notwithstanding section 502 of this Act, any part of the appropriation provided under this heading may remain available for obligation beyond the current fiscal year pursuant to the authorities of section 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).

state unemployment insurance and employment service operations

For authorized administrative expenses, $84,066,000, together with not to exceed $3,290,583,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund (``the Trust Fund''), of which: (1) $2,540,816,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including not less than $175,000,000 to carry out 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, That of such amount, $117,000,000 is specified for grants under section 306 of the Social Security Act and is provided to meet the terms of section 251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, and $58,000,000 is additional new budget authority specified for purposes of section 251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for continued support of the Unemployment Insurance Integrity Center of Excellence), the administration of unemployment insurance for Federal employees and for ex-service members as authorized under 5 U.S.C. 8501-8523, and the administration of trade 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 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

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; (2) $12,000,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State unemployment insurance system; (3) $646,639,000 from the Trust Fund, together with $21,413,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, and shall be available for Federal obligation for the period July 1, 2020 through June 30, 2021; (4) $22,318,000 from the Trust Fund is for national activities of the Employment Service, including administration of the work opportunity tax credit under section 51 of the Internal Revenue Code of 1986, and the provision of technical assistance and staff training under the Wagner-Peyser Act; (5) $68,810,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under the Immigration and Nationality Act and related laws, of which $54,528,000 shall be available for the Federal administration of such activities, and $14,282,000 shall be available for grants to States for the administration of such activities; and (6) $62,653,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and shall be available for Federal obligation for the period July 1, 2020 through June 30, 2021:

Provided, That to the extent that the Average Weekly Insured Unemployment (``AWIU'') for fiscal year 2020 is projected by the Department of Labor to exceed 1,706,000, an additional $28,600,000 from the Trust Fund shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) to carry out title III of the Social Security Act: Provided further, That funds appropriated in this Act that are allotted to a State to carry out activities under title III of the Social Security Act may be used by such State to assist other States in carrying out activities under such title III if the other States include areas that have suffered a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further, That the Secretary may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States for the use of the National Directory of New Hires under section 453(j)(8) of such Act: Provided further, That

the Secretary may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States to the entity operating the State Information Data Exchange System: Provided further, That funds appropriated in this Act which are used to establish a national one-stop career center system, or which are used to support the national activities of the Federal-State unemployment insurance, employment service, or immigration programs, may be obligated in contracts, grants, or agreements with States and non- State entities: Provided further, That States awarded competitive grants for improved operations under title III of the Social Security Act, or awarded grants to support the national activities of the Federal-State unemployment insurance system, may award subgrants to other States and non-State entities under such grants, subject to the conditions applicable to the grants: Provided further, That funds appropriated under this Act for activities authorized under title III of the Social Security Act and the Wagner-Peyser Act may be used by States to fund integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed under the final rule entitled ``Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards'' at part 200 of title 2, Code of Federal Regulations: Provided further, That the Secretary, at the request of a State participating in a consortium with other States, may reallot funds allotted to such State under title III of the Social Security Act to other States participating in the consortium or to the entity operating the Unemployment Insurance Information Technology Support Center in order to carry out activities that benefit the administration of the unemployment compensation law of the State making the request: Provided further, That the Secretary may collect fees for the costs associated with additional data collection, analyses, and reporting services relating to the National Agricultural Workers Survey requested by State and local governments, public and private institutions of higher education, and nonprofit organizations and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, for the National Agricultural Workers Survey infrastructure, methodology, and data to meet the information collection and reporting needs of such entities, which shall be credited to this appropriation and shall remain available until September 30, 2021, for such purposes.

advances to the unemployment trust fund and other funds

For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1986; and for nonrepayable advances to the revolving fund established by section 901(e) of the Social Security Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the ``Federal Unemployment Benefits and Allowances'' account, such sums as may be necessary, which shall be available for obligation through September 30, 2021.

program administration

For expenses of administering employment and training programs, $108,674,000, together with not to exceed $49,982,000 which

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

Employee Benefits Security Administration

salaries and expenses

For necessary expenses for the Employee Benefits Security Administration, $181,000,000, of which up to $3,000,000 shall be made available through September 30, 2021, for the procurement of expert witnesses for enforcement litigation.

Pension Benefit Guaranty Corporation

pension benefit guaranty corporation fund

The 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. 9104, as may be necessary in carrying out the program, including associated administrative expenses, through September 30, 2020, for the Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2020 shall be available for obligations for administrative expenses in excess of $452,858,000: Provided further, That to the extent that the number of new plan participants in plans terminated by the Corporation exceeds 100,000 in fiscal year 2020, an amount not to exceed an additional $9,200,000 shall be available through September 30, 2024, for obligations for administrative expenses for every 20,000 additional terminated participants: Provided further, That obligations in excess of the amounts provided for administrative expenses in this paragraph may be incurred and shall be available through September 30, 2024 for obligation for unforeseen and extraordinary pre-termination or termination expenses or extraordinary multiemployer program related expenses after approval by the Office of Management and Budget and notification of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That an additional amount shall be available for obligation through September 30, 2024 to the extent the Corporation's costs exceed $250,000 for the provision of credit or identity monitoring to affected individuals upon suffering a security incident or privacy breach, not to exceed an additional $100 per affected individual.

Wage and Hour Division

salaries and expenses

For necessary expenses for the Wage and Hour Division, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $242,000,000.

Office of Labor-Management Standards

salaries and expenses

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

Office of Federal Contract Compliance Programs

salaries and expenses

For necessary expenses for the Office of Federal Contract Compliance Programs, $105,976,000.

Office of Workers' Compensation Programs

salaries and expenses

For necessary expenses for the Office of Workers' Compensation Programs, $115,424,000, together with $2,177,000 which may be expended from the Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor Workers' Compensation Act.

special benefits

(including transfer of funds)

For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by 5 U.S.C. 81; continuation of benefits as provided for under the heading ``Civilian War Benefits'' in the Federal Security Agency Appropriation Act, 1947; the Employees' Compensation Commission Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C. App. 2012); obligations incurred under the War Hazards Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the additional compensation and benefits required by section 10(h) of the Longshore and Harbor Workers' Compensation Act, $234,600,000, together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year, for deposit into and to assume the attributes of the Employees' Compensation Fund established under 5 U.S.C. 8147(a): Provided, That amounts appropriated may be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer, who is not the employer at the time of injury, for portions of the salary of a re-employed, disabled beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 2019, shall remain available until expended for the payment of compensation, benefits, and expenses: Provided further, That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its fair share of the cost of administration, such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September 30, 2020: Provided further, That of those funds transferred to this account from the fair share entities to pay the cost of administration

of the Federal Employees' Compensation Act, $74,777,000 shall be made available to the Secretary as follows: (1) For enhancement and maintenance of automated data processing systems operations and telecommunications systems, $24,540,000; (2) For automated workload processing operations, including document imaging, centralized mail intake, and medical bill processing, $22,968,000; (3) For periodic roll disability management and medical review, $25,535,000; (4) For program integrity, $1,734,000; and (5) The remaining funds shall be paid into the Treasury as miscellaneous receipts:

Provided further, That the Secretary may require that any person filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or the Longshore and Harbor Workers' Compensation Act, provide as part of such notice and claim, such identifying information (including Social Security account number) as such regulations may prescribe.

special benefits for disabled coal miners

For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by Public Law 107-275, $20,970,000, to remain available until expended. For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV for the first quarter of fiscal year 2021, $14,000,000, to remain available until expended.

administrative expenses, energy employees occupational illness compensation fund

For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $59,846,000, to remain available until expended: Provided, That the Secretary may require that any person filing a claim for benefits under the Act provide as part of such claim such identifying information (including Social Security account number) as may be prescribed.

black lung disability trust fund

(including transfer of funds)

Such sums as may be necessary from the Black Lung Disability Trust Fund (the ``Fund''), to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and repayment of, and payment of interest on advances, as authorized by section 9501(d)(4) of that Act. In addition, the following amounts may be expended from the Fund for fiscal year 2020 for expenses of operation and administration of the Black Lung Benefits program, as authorized by section 9501(d)(5): not to exceed $38,246,000 for transfer to the Office of Workers' Compensation Programs, ``Salaries and Expenses''; not to exceed $32,844,000 for transfer to Departmental Management, ``Salaries and Expenses''; not to exceed $330,000 for transfer to Departmental Management, ``Office of

Inspector General''; and not to exceed $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury.

Occupational Safety and Health Administration

salaries and expenses

For necessary expenses for the Occupational Safety and Health Administration, $581,787,000, including not to exceed $108,575,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (the ``Act''), which grants shall be no less than 50 percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health Administration may retain up to $499,000 per fiscal year of training institute course tuition and fees, otherwise authorized by law to be collected, and may utilize such sums for occupational safety and health training and education: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30, 2020, to collect and retain fees for services provided to Nationally Recognized Testing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to administer national and international laboratory recognition programs that ensure the safety of equipment and products used by workers in the workplace: Provided further, That none of the funds 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: 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; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by the Act with respect to imminent dangers; (4) to take any action authorized by the Act with respect to health hazards; (5) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one

or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; and (6) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act:

Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further, That $11,537,000 shall be available for Susan Harwood training grants, of which not less than $4,500,000 is for Susan Harwood Training Capacity Building Developmental grants, as described in Funding Opportunity Number SHTG-FY-16-02 (referenced in the notice of availability of funds published in the Federal Register on May 3, 2016 (81 Fed. Reg. 30568)) for program activities starting not later than September 30, 2020 and lasting for a period of 12 months: Provided further, That not less than $3,500,000 shall be for Voluntary Protection Programs.

Mine Safety and Health Administration

salaries and expenses

For necessary expenses for the Mine Safety and Health Administration, $379,816,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities and not less than $10,537,000 for State assistance grants: Provided, That notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected by the National Mine Health and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine safety and health education and training activities: Provided further, That notwithstanding 31 U.S.C. 3302, the Mine Safety and Health Administration is authorized to collect and retain up to $2,499,000 from fees collected for the approval and certification of equipment, materials, and explosives for use in mines, and may utilize such sums for such activities: <<NOTE: 30 USC 962.>> Provided 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: 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 associations: Provided further, That the Secretary is authorized to recognize the Joseph A. Holmes Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health Administration officials as officers in local chapters or in the national organization: Provided further, That any funds 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.

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. Within this amount, $27,000,000 to remain available until September 30, 2024, for costs associated with the physical move of the Bureau of Labor Statistics' headquarters, including replication of space, furniture, fixtures, equipment, and related costs, as well as relocation of the data center to a shared facility.

Office of Disability Employment Policy

salaries and expenses

For necessary expenses for the Office of Disability Employment Policy to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities, $38,500,000.

Departmental Management

salaries and expenses

(including transfer of funds)

For necessary expenses for Departmental Management, including the hire of three passenger motor vehicles, $348,056,000, together with not to exceed $308,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided, That $67,325,000 for the Bureau of International Labor Affairs shall be available for obligation through December 31, 2020: Provided further, That funds available to the Bureau of International Labor Affairs may be used to administer or operate international labor activities, bilateral and multilateral technical assistance, and microfinance programs, by or through contracts, grants, subgrants and other arrangements: Provided further, That not more than $53,825,000 shall be for programs to combat exploitative child labor internationally and not less than $13,500,000 shall be used to implement model programs that address worker rights issues through technical assistance in countries with which the United States has free trade agreements or trade preference programs: Provided further, That $8,040,000 shall be used for program evaluation and shall be available for obligation through September 30, 2021: Provided further, That funds available for program evaluation may be used to administer grants for the purpose of evaluation: Provided further, That grants made for the purpose of evaluation shall be awarded through fair and open competition: Provided further, That funds available for program evaluation may be transferred to any other appropriate account in the Department for such purpose: Provided further,

That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer: Provided further, That the funds available to the Women's Bureau may be used for grants to serve and promote the interests of women in the workforce: Provided further, That of the amounts made available to the Women's Bureau, not less than $1,294,000 shall be used for grants authorized by the Women in Apprenticeship and Nontraditional Occupations Act.

veterans employment and training

Not to exceed $256,341,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of chapters 41, 42, and 43 of title 38, United States Code, of which: (1) $180,000,000 is for Jobs for Veterans State grants under 38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach program specialists under section 4103A of such title and local veterans' employment representatives under section 4104(b) of such title, and for the expenses described in section 4102A(b)(5)(C), which shall be available for obligation by the States through December 31, 2020, and not to exceed 3 percent for the necessary Federal expenditures for data systems and contract support to allow for the tracking of participant and performance information: Provided, That, in addition, such funds may be used to support such specialists and representatives in the provision of services to transitioning members of the Armed Forces who have participated in the Transition Assistance Program and have been identified as in need of intensive services, to members of the Armed Forces who are wounded, ill, or injured and receiving treatment in military treatment facilities or warrior transition units, and to the spouses or other family caregivers of such wounded, ill, or injured members; (2) $29,379,000 is for carrying out the Transition Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144; (3) $43,548,000 is for Federal administration of chapters 41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of title 38, United States Code: Provided, That, up to $500,000 may be used to carry out the Hire VETS Act (division O of Public Law 115-31); and (4) $3,414,000 is for the National Veterans' Employment and Training Services Institute under 38 U.S.C. 4109:

Provided, That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount not to exceed 3 percent of the appropriation from which such reallocation is made. In addition, from the General Fund of the Treasury, $55,000,000 is for carrying out programs to assist homeless veterans and veterans at risk of homelessness who are transitioning from certain institutions under sections 2021, 2021A, and 2023 of title 38, United States Code: Provided, That notwithstanding subsections (c)(3) and (d) of section 2023, the Secretary may award grants through September 30, 2020, to provide services under such section: Provided further, <<NOTE: 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

homeless at some point within the 60 days prior to program entry or veterans who are at risk of homelessness within the next 60 days, and that services provided under section 2023 may include, in addition to services to the individuals described in subsection (e) of such section, services to veterans recently released from incarceration who are at risk of homelessness: Provided further, That notwithstanding paragraph (3) under this heading, funds appropriated in this paragraph may be used for data systems and contract support to allow for the tracking of participant and performance information: Provided further, That notwithstanding sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code, such funds shall be available for expenditure pursuant to 31 U.S.C. 1553.

In addition, fees may be assessed and deposited in the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and such amounts shall be available to the Secretary to carry out the HIRE Vets Medallion Award Program, as authorized by such Act, and shall remain available until expended: Provided, That such sums shall be in addition to any other funds available for such purposes, including funds available under paragraph (3) of this heading: Provided further, That section 2(d) of division O of the Consolidated Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.

it modernization

For necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support systems and modernization, $25,269,000, which shall be available through September 30, 2021.

office of inspector general

For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $85,187,000, together with not to exceed $5,660,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.

General Provisions

Sec. 101. None of the funds appropriated by this Act for the Job Corps shall be used to pay the salary and bonuses of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level II.

(transfer of funds)

Sec. 102. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, That the Committees on Appropriations of

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

Sec. 103. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act.

Sec. 104. Except as otherwise provided in this section, none of the funds made available to the Department of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose other than competitive grants for training individuals who are older than 16 years of age and are not currently enrolled in school within a local educational agency in the occupations and industries for which employers are using H-1B visas to hire foreign workers, and the related activities necessary to support such training. Sec. 105. None of the funds made available by this Act under the heading ``Employment and Training Administration'' shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II. This limitation shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A-133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs involved including Employment and Training Administration programs.

(transfer of funds)

Sec. 106. (a) Notwithstanding section 102, the Secretary may transfer funds made available to the Employment and Training Administration by this Act, either directly or through a set-aside, for technical assistance services to grantees to ``Program Administration'' when it is determined that those services will be more efficiently performed by Federal employees: Provided, That this section shall not apply to section 171 of the WIOA. (b) Notwithstanding section 102, the Secretary may transfer not more than 0.5 percent of each discretionary appropriation made available to the Employment and Training Administration by this Act to ``Program Administration'' in order to carry out program integrity activities relating to any of the programs or activities that are funded under any such discretionary appropriations: Provided, That notwithstanding section 102 and the preceding proviso, the Secretary may transfer not more than 0.5 percent of funds made available in paragraphs (1) and (2) of the ``Office of Job Corps'' account to paragraph (3) of such account to carry out program integrity activities related to the Job Corps program: Provided further, That funds transferred under the authority provided by

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

(transfer of funds)

Sec. 107. (a) 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. Any funds reserved under this section shall be transferred to ``Departmental Management'' for use by the Office of the Chief Evaluation Officer within the Department of Labor, and shall be available for obligation through September 30, 2021: Provided, That such funds shall only be available if the Chief Evaluation Officer of the Department of Labor submits a plan to the Committees on Appropriations of the House of Representatives and the Senate describing the evaluations to be carried out 15 days in advance of any transfer.

(b) The accounts referred to in subsection (a) are: ``Training and Employment Services'', ``Job Corps'', ``Community Service Employment for Older Americans'', ``State Unemployment Insurance and Employment Service Operations'', ``Employee Benefits Security Administration'', ``Office of Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office of Federal Contract Compliance Programs'', ``Office of Labor Management Standards'', ``Occupational Safety and Health Administration'', ``Mine Safety and Health Administration'', ``Office of Disability Employment Policy'', funding made available to the ``Bureau of International Labor Affairs'' and ``Women's Bureau'' within the ``Departmental Management, Salaries and Expenses'' account, and ``Veterans Employment and Training''. Sec. 108. (a) Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) shall be applied as if the following text is part of such section:

``(s)(1) The provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster to any employee-- ``(A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts; ``(B) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and ``(C) whose duties include any of the following: ``(i) interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; ``(ii) inspecting property damage or reviewing factual information to prepare damage estimates; ``(iii) evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; ``(iv) negotiating settlements; or ``(v) making recommendations regarding litigation.

``(2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). ``(3) 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) the term `employee employed to adjust or evaluate claims resulting from or relating to such major disaster' means an individual who timely secured or secures a license required by applicable law to engage in and perform the activities described in clauses (i) through (v) of paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from the wages, salaries and any benefits of such employees; and ``(C) the term `affiliate' means a company that, by reason of ownership or control of 25 percent or more of the outstanding shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under common control with, another company.''.

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

Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B Nonimmigrants Working in the Seafood Industry.-- (1) 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) 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 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; and (ii) posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer's place of employment; and (B) offers the job to an equally or better qualified United States worker who-- (i) applies for the job; and (ii) will be available at the time and place of need. (3) Exemption from rules with respect to staggering.--The Secretary of Labor shall not consider an employer in the seafood industry who brings H-2B nonimmigrants into the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of section 655.20(d) of title 20, Code of Federal Regulations, or any other applicable provision of law.

(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. 1101(a)(15)(H)(ii)(B)). Sec. 110. The determination of prevailing wage for the purposes of the H-2B program shall be the greater of--(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location; or (2) the prevailing wage level for the occupational classification of the position in the geographic area in which the H-2B nonimmigrant will be employed, based on the best information available at the time of filing the petition. In the determination of prevailing wage for the purposes of the H-2B program, the Secretary shall accept private wage surveys even in instances where Occupational Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided survey are not statistically supported.

Sec. 111. None of the funds in this Act shall be used to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any references thereto. Further, for the purpose of regulating admission of temporary workers under the H-2B program, the definition of temporary need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B). Sec. 112. Notwithstanding any other provision of law, the Secretary may furnish through grants, cooperative agreements, contracts, and other arrangements, up to $2,000,000 of excess personal property, at a value determined by the Secretary, to apprenticeship programs for the purpose of training apprentices in those programs. Sec. 113. (a) The Act entitled ``An Act to create a Department of Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be applied as if the following text is part of such Act: ``SEC. 12. SECURITY DETAIL.

``(a) In General.--The Secretary of Labor is authorized to employ law enforcement officers or special agents to-- ``(1) provide protection for the Secretary of Labor during the workday of the Secretary and during any activity that is preliminary or postliminary to the performance of official duties by the Secretary; ``(2) provide protection, incidental to the protection provided to the Secretary, to a member of the immediate family of the Secretary who is participating in an activity or event relating to the official duties of the Secretary; ``(3) provide continuous protection to the Secretary (including during periods not described in paragraph (1)) and to the members of the immediate family of the Secretary if there is a unique and articulable threat of physical harm, in accordance with guidelines established by the Secretary; and ``(4) provide protection to the Deputy Secretary of Labor or another senior officer representing the Secretary of Labor at a public event if there is a unique and articulable threat of physical harm, in accordance with guidelines established by the Secretary.

``(b) Authorities.--The Secretary 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; ``(2) make arrests without a warrant for any offense against the United States committed in the presence of such officer or special agent; ``(3) perform protective intelligence work, including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events; ``(4) coordinate with local law enforcement agencies; and ``(5) initiate criminal and other investigations into potential threats to the security of the Secretary, in coordination with the Inspector General of the Department of Labor.

``(c) Compliance With Guidelines.--A law enforcement officer or special agent employed under subsection (a) shall exercise any authority provided under this section in accordance with any-- ``(1) guidelines issued by the Attorney General; and ``(2) guidelines prescribed by the Secretary of Labor.''.

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

Sec. 114. The Secretary is authorized to dispose of or divest, by any means the Secretary determines appropriate, including an agreement or partnership to construct a new Job Corps center, all or a portion of the real property on which the Treasure Island Job Corps Center is situated. Any sale or other disposition will not be subject to any requirement of any Federal law or regulation relating to the disposition of Federal real property, including but not limited to subchapter III of chapter 5 of title 40 of the United States Code and subchapter V of chapter 119 of title 42 of the United States Code. The net proceeds of such a sale shall be transferred to the Secretary, which shall be available until expended to carry out the Job Corps Program on Treasure Island.

(rescission)

Sec. 115. Of the unobligated funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), $150,000,000 are hereby rescinded. Sec. 116. 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.

Sec. 117. None of the funds made available by this Act may be used to-- (1) alter or terminate the Interagency Agreement between the United States Department of Labor and the United States Department of Agriculture; or (2) close any of the Civilian Conservation Centers, except if such closure is necessary to prevent the endangerment of the health and safety of the students, the capacity of the program is retained, and the requirements of section 159(j) of the Workforce Innovation and Opportunity Act are met.

This title may be cited as the ``Department of Labor Appropriations Act, 2020''.

SELF-DETERMINATION ACT OF 2000.

(a) Secure Payments for States and Counties Containing Federal Land.-- (1) Secure payments.--Section 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is amended, in subsections (a) and (b), by striking ``and 2018'' each place it appears and inserting ``2018, 2019, and 2020''. (2) Payments to states and counties.-- (A) Election to receive payment amount.--Section 102(b) of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7112(b)) is amended-- (i) in paragraph (1)(D)-- (I) in the subparagraph heading, by striking ``for fiscal years 2017 and 2018'' and inserting ``for each of fiscal years 2017 through 2020''; and (II) by striking ``for fiscal years 2017 or 2018'' and inserting ``for each of fiscal years 2017 through 2020''; and (ii) in paragraph (2), in subparagraphs (A) and (B), by striking ``for fiscal years 2017 and 2018'' each place it appears and inserting ``for each of fiscal years 2017 through 2020''. (B) Expenditure rules for eligible counties.-- Section 102(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(d)) is amended-- (i) in paragraph (1)(F)-- (I) in the subparagraph heading, by striking ``for fiscal years 2017 and 2018'' and inserting ``for each of fiscal years 2017 through 2020''; and (II) by striking ``for fiscal years 2017 and 2018'' and inserting ``for each of fiscal years 2017 through 2020''; and (ii) in paragraph (3)(D)-- (I) in the subparagraph heading, by striking ``for fiscal years 2017 and 2018'' and inserting ``for each of fiscal years 2017 through 2020''; and (II) by striking ``for fiscal years 2017 and 2018'' and inserting ``for each of fiscal years 2017 through 2020''. (C) Distribution of payments to eligible counties.-- Section 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking ``through and for fiscal

years 2017 and 2018'' and inserting ``through 2015 and for each of fiscal years 2017 through 2020''.

(b) Extension of Authority To Conduct Special Projects on Federal Land.-- (1) Existing advisory committees.--Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``September 29, 2018'' each place it appears and inserting ``December 20, 2021''. (2) Termination of authority.--Section 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7128) is amended-- (A) in subsection (a), by striking ``2020'' and inserting ``2022''; and (B) in subsection (b), by striking ``2021'' and inserting ``2023''.

(c) Extension of Authority To Expend County Funds.--Section 304 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7144) is amended-- (1) in subsection (a), by striking ``2020'' and inserting ``2022''; and (2) in subsection (b), by striking ``2021'' and inserting ``2023''.

(a) In General.--Section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is amended by striking ``September 30, 2019'' and inserting ``December 31, 2026''. (b) Exposure Limit.--Section 6(a)(2) of such Act (12 U.S.C. 635e(a)(2)) is amended by striking ``for each of fiscal years 2015 through 2019'' and inserting ``for each of fiscal years 2020 through 2027''.

(a) In General.--Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding at the end the following: ``(l) Program on China and Transformational Exports.-- ``(1) In general.--The Bank shall establish a Program on China and Transformational Exports to support the extension of loans, guarantees, and insurance, at rates and on terms and other conditions, to the extent practicable, that are fully competitive with rates, terms, and other conditions established by the People's Republic of China or by a covered country, that aim to-- ``(A) directly neutralize export subsidies for competing goods and services financed by official export credit, tied aid, or blended financing provided by the People's Republic of China or by a covered country; or ``(B) advance the comparative leadership of the United States with respect to the People's Republic of China, or

support United States innovation, employment, and technological standards, through direct exports in any of the following areas: ``(i) Artificial intelligence. ``(ii) Biotechnology. ``(iii) Biomedical sciences. ``(iv) Wireless communications equipment (including 5G or subsequent wireless technologies). ``(v) Quantum computing. ``(vi) Renewable energy, energy efficiency, and energy storage. ``(vii) Semiconductor and semiconductor machinery manufacturing. ``(viii) Emerging financial technologies, including technologies that facilitate-- ``(I) financial inclusion through increased access to capital and financial services; ``(II) data security and privacy; ``(III) payments, the transfer of funds, and associated messaging services; and ``(IV) efforts to combat money laundering and the financing of terrorism. ``(ix) Water treatment and sanitation, including technologies and infrastructure to reduce contaminants and improve water quality. ``(x) High performance computing. ``(xi) Associated services necessary for use of any of the foregoing exports. ``(2) Covered countries.--In this subsection, the term `covered country' means any country that-- ``(A) the Secretary of the Treasury designates as a covered country in a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Development of the Senate; ``(B) is not a participant in the Arrangement on Officially Supported Export Credits of the Organization for Economic Cooperation and Development (in this subsection referred to as the `Arrangement'); and ``(C) is not in substantial compliance with the financial terms and conditions of the Arrangement. ``(3) Financing.-- ``(A) In general.--It shall be a goal of the Bank to reserve not less than 20 percent of the applicable amount (as defined in section 6(a)(2)) for support made pursuant to the Program on China and Transformational Exports. ``(B) Exception.--The Secretary of the Treasury may reduce or eliminate the 20 percent goal in subparagraph (A), on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that the People's Republic of China is in substantial compliance with-- ``(i) the financial terms and conditions of the Arrangement; and ``(ii) the rules and principles of the Paris Club.

``(C) Sunset and report.--The program established under paragraph (1) shall expire on December 31, 2026. Not later than 4 years after enactment of this subsection, the President of the Bank shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate assessing the following: ``(i) The capacity and demand of United States entities to export goods and services in the areas described in paragraph (1)(B), as assessed in consultation with the Secretary of Commerce. ``(ii) The availability of private-sector financing for exports in the areas. ``(iii) The feasibility and advisability of continuing the goal of subparagraph (A) of this paragraph with respect to paragraph (1)(B) after December 31, 2026. ``(D) National advisory council on international monetary and financial problems.--The National Advisory Council on International Monetary and Financial Problems shall ensure that Bank authorizations pursuant to the Program on China and Transformational Exports are considered or reviewed expeditiously, consistent with the other credit standards required by law.''.

(b) Required Reporting.--Section 8 of such Act (12 U.S.C. 635g) is amended by adding at the end the following: ``(l) Report on Authorizations Under the Pro- Gram on China and Transformational Exports.--The Bank shall include in its annual report to Congress under subsection (a) a narrative and financial summary of the authorizations made under the Program on China and Transformational Exports.''. (c) Rule of Construction.--Nothing in section 2(l)(1)(B) of the Export-Import Bank Act of 1945 shall be construed to weaken any export controls affecting critical technologies (as defined in section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A))).

Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)) is amended by striking subparagraph (E)(i)(I) and inserting the following: ``(E)(i)(I) It is further the policy of the United States to encourage the participation of small business (including women-owned businesses, minority-owned businesses, veteran-owned businesses, businesses owned by persons with disabilities, and businesses in rural areas) and start-up businesses in international commerce, and to educate such businesses about how to export goods using the Bank.''.

(a) In General.--Section 2(b)(1)(E)(v) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking ``25'' and inserting ``30''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 2021.

CALCULATING SMALL BUSINESS THRESHOLD.

Section 2(b)(1)(E)(v) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by adding at the end the following: ``For the purpose of calculating the amounts of authority required under this clause, the Bank shall, with respect to insurance, exclude unutilized authorizations that terminated during the fiscal year.''.

Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended-- (1) in subsection (f), by striking the period and inserting: ``, and shall deny an application for assistance if the end user, borrower, lender, or exporter has been convicted of an act of fraud or corruption in connection with an application for support from the Bank made in the preceding 5 years. The Bank may proceed with an application described in this subsection only if an end user, borrower, lender, or exporter can be fully excluded from the transaction.''; and (2) in subsection (i), by striking ``should require'' and inserting ``shall require''.

ENERGY STORAGE TECHNOLOGIES.

Section 2(b)(1)(K) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(K)) is amended by inserting ``, energy efficiency (including battery electric vehicles, batteries for electric vehicles, and electric vehicle charging infrastructure), and energy storage. It shall be a goal of the Bank to ensure that not less than 5 percent of the applicable amount (as defined in section 6(a)(2)) is made available each fiscal year for the financing of renewable energy, energy efficiency (including battery electric vehicles, batteries for electric vehicles, and electric vehicle charging infrastructure), and energy storage technology exports'' before the period.

RELATED TO CHINA.

(a) National Interest Report.--Before authorizing a loan or guarantee for a transaction in an amount greater than $25,000,000 for which the end user, lender, or obligor is the government of China, the President of the Export-Import Bank of the United States (in this section referred to as the ``Bank'') shall-- (1) report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that the Bank has consulted with the Secretary of State and any other relevant department or agency, as deemed appropriate by the President of the United States, to assess any risks posed by the entity or the transaction to the national interest of the United States; and (2) include a summary of the transaction and the consultation.

(b) Form of Report.--The report described in subsection (a) shall be submitted in unclassified form but may include a classified annex. (c) Related Policies.-- (1) The Board of Directors of the Bank shall prescribe policies for the Bank with respect to--

(A) procedures required by the consultation described in subsection (a)(1); (B) establishment of a period of not less than 25 days to complete the consultations described in subsection (a) during which time consulted parties may submit any appropriate information to the Bank; and (C) efforts by the Bank to assess and determine ownership or control by the government of China pursuant to the requirements of subsection (a). (2) In prescribing the policies described under paragraph (1) of this subsection, the Board of Directors of the Bank shall-- (A) consult with the Secretary of State with respect to the procedures referred to in subparagraphs (A) and (B) of paragraph (1) of this subsection, and seek to ensure that the procedures-- (i) are consistent, wherever appropriate, with national interest determinations made under section 2(b)(1)(B) of the Export-Import Bank Act of 1945; and (ii) include coordination between the Secretary of State and the Director of National Intelligence, wherever appropriate; and (B) consult with the Secretary of the Treasury with respect to the efforts described in paragraph (1)(C) of this subsection.

(d) Definition.--For the purposes of this section, the term ``government of China'' means any person that the Bank has reason to believe is-- (1) the state and the government of China, as well as any political subdivision, agency, or instrumentality thereof; (2) any entity controlled, directly or indirectly, by any of the foregoing, including any partnership, association, or other entity in which any of the foregoing owns a 50 percent or greater interest or a controlling interest, and any entity which is otherwise controlled by any of the foregoing; (3) any person that is or has been acting or purporting to act, directly or indirectly, for or on behalf of any of the foregoing; and (4) any other person which the Secretary of the Treasury has notified the Bank is included in any of the foregoing.

(e) Sunset.--This section shall have no force or effect on the earlier of--- (1) December 31, 2026; or (2) the date that is 30 days after the date that the President of the United States reports to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that China is in substantial compliance with-- (A) the financial terms and conditions of the Arrangement on Officially Supported Export Credits of the Organization for Economic Cooperation and Development; and (B) the rules and principles of the Paris Club.

(a) In General.--Section 3(c)(6) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(c)(6)) is amended-- (1) by inserting ``(A)'' after ``(6)''; and

(2) by adding at the end the following:

``(B)(i) If there is an insufficient number of directors to constitute a quorum under subparagraph (A) for 120 consecutive days during the term of a President of the United States, a temporary Board, consisting of the following members, shall act in the stead of the Board of Directors: ``(I) The United States Trade Representative. ``(II) The Secretary of the Treasury. ``(III) The Secretary of Commerce. ``(IV) The members of the Board of Directors.

``(ii) If, at a meeting of the temporary Board-- ``(I) a member referred to in clause (i)(IV) is present, the meeting shall be chaired by such a member, consistent with Bank bylaws; or ``(II) no such member is present, the meeting shall be chaired by the United States Trade Representative.

``(iii) A member described in subclause (I), (II), or (III) of clause (i) may delegate the authority of the member to vote on whether to authorize a transaction, whose value does not exceed $100,000,000, to-- ``(I) if the member is the United States Trade Representative, the Deputy United States Trade Representative; or ``(II) if the member is referred to in such subclause (II) or (III), the Deputy Secretary of the department referred to in the subclause.

``(iv) If the temporary Board consists of members of only one political party, the President of the United States shall, to the extent practicable, appoint to the temporary Board a qualified member of a different political party who occupies a position requiring nomination by the President, by and with the consent of the Senate.

``(v) The temporary board may not change or amend Bank policies, procedures, bylaws, or guidelines. ``(vi) The temporary Board shall expire at the end of the term of the President of the United States in office at the time the temporary Board was constituted or upon restoration of a quorum of the Board of Directors as defined in subparagraph (A).

``(vii) With respect to a transaction that equals or exceeds $100,000,000, the Chairperson of the temporary Board shall ensure that the Bank complies with section 2(b)(3).''. (b) Termination.--The amendments made by subsection (a) shall have no force or effect after December 31, 2026.

TITLE <<NOTE: Terrorism Risk Insurance Program Reauthorization Act of 2019.>> V--TERRORISM RISK INSURANCE PROGRAM EXTENSION

This title may be cited as the ``Terrorism Risk Insurance Program Reauthorization Act of 2019''.

(a) Termination Date.--Section 108(a) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking ``2020'' and inserting ``2027''.

(b) Timing of Mandatory Recoupment.--Section 103(e)(7)(E)(i) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in subclause (I)-- (A) by striking ``2017'' and inserting ``2022''; and (B) by striking ``2019'' and inserting ``2024''; (2) in subclause (II)-- (A) by striking ``2018'' and inserting ``2023''; (B) by striking ``2024'' and inserting ``2029''; and (C) by striking ``2019'' and inserting ``2024''; and (3) in subclause (III)-- (A) by striking ``2024'' and inserting ``2029''; and (B) by striking ``2019'' and inserting ``2024''.

(c) Ongoing Reports Regarding Market Conditions for Terrorism Risk Insurance.--Paragraph (2) of section 104(h) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) an evaluation of the availability and affordability of terrorism risk insurance, which shall include an analysis of such availability and affordability specifically for places of worship;''.

(d) Study and Report on Cyber Terrorism.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, which shall-- (1) analyze and address-- (A) overall vulnerabilities and potential costs of cyber attacks to the United States public and private infrastructure that could result in physical or digital damage; (B) whether State-defined cyber liability under a property and casualty line of insurance is adequate coverage for an act of cyber terrorism; (C) whether such risks can be adequately priced by the private market; and (D) whether the current risk-share system under the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is appropriate for a cyber terrorism event; and (2) set forth recommendations on how Congress could amend the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) to meet the next generation of cyber threats.

This title may be cited as the ``NASA Enhanced Use Leasing Extension Act of 2019''.

EXCESS PROPERTY OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

Section 20145(g) of title 51, United States Code, is amended, in the first sentence, by striking ``December 31, 2019'' and inserting ``December 31, 2021''.

NONPROLIFERATION ACT.

Section 7(1) of the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106-178; 50 U.S.C. 1701 note) is amended, in the undesignated matter following subparagraph (B), by striking ``December 31, 2020'' and inserting ``December 31, 2025''.

This title may be cited as the ``Brand USA Extension Act''.

Subsection (b) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(b)) is amended-- (1) in paragraph (2)(A)-- (A) in clause (ii), by inserting ``or foodservice'' after ``restaurant''; (B) in clause (v), by inserting ``, such as outdoor recreation'' before the semicolon at the end; and (C) in clause (viii), by inserting ``commercial or private'' before ``passenger air sector''; (2) in paragraph (5)(A)-- (A) in clause (iii), by inserting ``speaking conventions, sales missions,'' after ``trade shows,''; (B) in clause (iv), by striking ``and'' at the end; (C) in clause (v), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(vi) to promote tourism to the United States through digital media, online platforms, and other appropriate medium.''; and (3) in paragraph (7)(C), by striking ``3 days'' and inserting ``5 days''.

Subsection (c) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(c)) is amended-- (1) in paragraph (2), by striking ``$500,000'' and inserting ``$450,000''; and (2) in paragraph (3)-- (A) by redesignating subparagraph (I) as subparagraph (K); (B) in subparagraph (H)(iii), by striking ``and'' at the end; and (C) by inserting after subparagraph (H)(iii) the following:

``(I) a list of countries the Corporation identifies as emerging markets for tourism to the United States; ``(J) a description of the efforts the Corporation has made to promote tourism to rural areas of the United States; and''.

Subsection (d) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(d)) is amended-- (1) in paragraph (2)(B), by striking ``2020'' and inserting ``2027''; (2) in paragraph (3)(B)(ii), by striking ``70 percent'' and inserting ``50 percent''; and (3) in paragraph (4)(B), by striking ``2020'' and inserting ``2027''.

Not later than 90 days after the date of the enactment of this Act, the Corporation for Travel Promotion shall make the performance metrics established pursuant to subsection (f)(1)(A) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(f)(1)(A)) publicly available on the website of the Corporation.

Section 217(h)(3)(B)(i)(I) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) is amended by striking ``$10'' and inserting ``$17''.

(a) Section 3014(a) of the Scholarships for Opportunity and Results Act (sec. 38-1853.14, D.C. Official Code) is amended by striking ``through fiscal year 2019'' and inserting ``through fiscal year 2023''. (b) The amendment made by subsection (a) shall take effect on September 30, 2019.

(a) Statutory PAYGO Scorecards.--The budgetary effects of this division and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO Scorecards.--The budgetary effects of this division and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the

Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division and each succeeding division shall not be estimated-- (1) for purposes of section 251 of such Act; and (2) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.

DIVISION J--FOREIGN POLICY

TITLE <<NOTE: Venezuela Emergency Relief, Democracy Assistance, and Development Act of 2019. 22 USC 9701 note.>> I--VENEZUELA ASSISTANCE

This title may be cited as the ``Venezuela Emergency Relief, Democracy Assistance, and Development Act of 2019'' or the ``VERDAD Act of 2019''.

Subtitle A--Support for the Interim President of Venezuela and Recognition of the Venezuelan National Assembly

FINDINGS; SENSE OF CONGRESS IN SUPPORT OF THE INTERIM PRESIDENT OF VENEZUELA.

(a) Findings.--Congress makes the following findings: (1) Venezuela's electoral event on May 20, 2018 was characterized by widespread fraud and did not comply with international standards for a free, fair, and transparent electoral process. (2) Given the fraudulent nature of Venezuela's May 20, 2018 electoral event, Nicolas Maduro's tenure as President of Venezuela ended on January 10, 2019. (3) The National Assembly of Venezuela approved a resolution on January 15, 2019 that terminated Nicolas Maduro's authority as the President of Venezuela. (4) On January 23, 2019, the President of the National Assembly of Venezuela was sworn in as the Interim President of Venezuela.

(b) Sense of Congress.--It is the sense of Congress-- (1) to support the decisions by the United States Government, more than 50 governments around the world, the Organization of American States, the Inter-American Development Bank, and the European Parliament to recognize National Assembly President Juan Guaido as the Interim President of Venezuela; (2) to encourage the Interim President of Venezuela to advance efforts to hold democratic presidential elections in the shortest possible period; and (3) that the Organization of American States, with support from the United States Government and partner governments, should provide diplomatic, technical, and financial support for a new presidential election in Venezuela that complies with international standards for a free, fair, and transparent electoral process.

DEMOCRATICALLY ELECTED NATIONAL ASSEMBLY.

(a) Findings.--Congress finds that Venezuela's unicameral National Assembly convened on January 6, 2016, following democratic elections that were held on December 6, 2015. (b) Sense of Congress.--It is the sense of Congress that Venezuela's democratically elected National Assembly is the only national level democratic institution remaining in the country. (c) Policy.--It is the policy of the United States to recognize the democratically elected National Assembly of Venezuela as the only legitimate national legislative body in Venezuela. (d) Assistance to Venezuela's National Assembly.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall prioritize efforts to provide technical assistance to support the democratically elected National Assembly of Venezuela in accordance with section 143.

TO VENEZUELA'S CRISIS.

(a) Sense of Congress.--It is the sense of Congress that-- (1) direct, credible negotiations led by the Interim President of Venezuela and members of Venezuela's democratically elected National Assembly-- (A) are supported by stakeholders in the international community that have recognized the Interim President of Venezuela; (B) include the input and interests of Venezuelan civil society; and (C) represent the best opportunity to reach a solution to the Venezuelan crisis that includes-- (i) holding a new presidential election that complies with international standards for a free, fair, and transparent electoral process; (ii) ending Nicolas Maduro's usurpation of presidential authorities; (iii) restoring democracy and the rule of law; (iv) freeing political prisoners; and (v) facilitating the delivery of humanitarian aid; (2) dialogue between the Maduro regime and representatives of the political opposition that commenced in October 2017, and were supported by the Governments of Mexico, of Chile, of Bolivia, and of Nicaragua, did not result in an agreement because the Maduro regime failed to credibly participate in the process; and (3) negotiations between the Maduro regime and representatives of the political opposition that commenced in October 2016, and were supported by the Vatican, did not result in an agreement because the Maduro regime failed to credibly participate in the process.

(b) Policy.--It is the policy of the United States to support diplomatic engagement in order to advance a negotiated and peaceful solution to Venezuela's political, economic, and humanitarian crisis that is described in subsection (a)(1).

Subtitle B--Humanitarian Relief for Venezuela

VENEZUELAN PEOPLE.

(a) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government should expand efforts to peacefully address Venezuela's humanitarian crisis; and (2) humanitarian assistance-- (A) should be targeted toward those most in need and delivered through partners that uphold internationally recognized humanitarian principles; and (B) should not be passed through the control or distribution mechanisms of the Maduro regime.

(b) Humanitarian Relief.-- (1) In general.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall provide-- (A) humanitarian assistance to individuals and communities in Venezuela, including-- (i) public health commodities and services, including medicines and basic medical supplies and equipment; (ii) basic food commodities and nutritional supplements needed to address growing malnutrition and improve food security for the people of Venezuela, with a specific emphasis on the most vulnerable populations; and (iii) technical assistance to ensure that health and food commodities are appropriately selected, procured, targeted, and distributed; and (B) Venezuelans and hosting communities, as appropriate, in neighboring countries with humanitarian aid, such as-- (i) urgently needed health and nutritional assistance, including logistical and technical assistance to hospitals and health centers in affected communities; (ii) food assistance for vulnerable individuals, including assistance to improve food security for affected communities; and (iii) hygiene supplies and sanitation services. (2) Aid to venezuelans in neighboring countries.--The aid described in paragraph (1)(B)-- (A) may be provided-- (i) directly to Venezuelans in neighboring countries, including countries of the Caribbean; or (ii) indirectly through the communities in which the Venezuelans reside; and (B) should focus on the most vulnerable Venezuelans in neighboring countries.

(c) Humanitarian Assistance Strategy Update.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit, to the appropriate congressional committees, an update to the Venezuela humanitarian assistance strategy described in the conference

report accompanying the Consolidated Appropriations Act (Public Law 116- 6), to cover a 2-year period and include-- (1) a description of the United States humanitarian assistance provided under this section; (2) a description of United States diplomatic efforts to ensure support from international donors, including regional partners in Latin America and the Caribbean, for the provision of humanitarian assistance to the people of Venezuela; (3) the identification of governments that are willing to provide financial and technical assistance for the provision of such humanitarian assistance to the people of Venezuela and a description of such assistance; and (4) the identification of the financial and technical assistance to be provided by multilateral institutions, including the United Nations humanitarian agencies, the Pan American Health Organization, the Inter-American Development Bank, and the World Bank, and a description of such assistance.

(d) Diplomatic Engagement.-- The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall work with relevant foreign governments and multilateral organizations to coordinate a donors summit and carry out diplomatic engagement to advance the strategy required under subsection (c).

(e) Authorization of Appropriations.--There is authorized to be appropriated $400,000,000 for fiscal year 2020 to carry out the activities set forth in subsection (b). (f) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.

UNITED NATIONS ON THE HUMANITARIAN CRISIS IN VENEZUELA.

(a) Sense of Congress.--It is the sense of Congress that the United Nations humanitarian agencies should conduct and publish independent assessments of the humanitarian situation in Venezuela, including-- (1) the extent and impact of the shortages of food, medicine, and medical supplies in Venezuela; (2) basic health indicators in Venezuela, such as maternal and child mortality rates and the prevalence and treatment of communicable diseases; and (3) the efforts needed to resolve the shortages identified in paragraph (1) and to improve the health indicators referred to in paragraph (2).

(b) United Nations Resident Coordinator.--The President should instruct the Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to support the efforts of the Resident Coordinator for Venezuela in a manner that-- (1) contributes to Venezuela's long-term recovery; and (2) advances humanitarian efforts in Venezuela and for Venezuelans residing in neighboring countries.

<<NOTE: Humanitarian Assistance to the Venezuelan People Act of 2019.>> COORDINATION AND DISTRIBUTION OF HUMANITARIAN ASSISTANCE TO THE PEOPLE OF VENEZUELA.

(a) Short Title.--This section may be cited as the ``Humanitarian Assistance to the Venezuelan People Act of 2019''. (b) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Banking, Housing, and Urban Affairs of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Committee on Appropriations of the House of Representatives; and (6) the Committee on Financial Services of the House of Representatives.

(c) Report on the Coordination and Distribution of Humanitarian Assistance to the People of Venezuela Including Strategy on Future Efforts.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit a report to the appropriate congressional committees that evaluates the delivery and coordination of humanitarian assistance to the people of Venezuela since the onset of the humanitarian crisis, whether residing in Venezuela or elsewhere in the Western Hemisphere. (2) Matters to be included.--The report required under paragraph (1) shall-- (A) identify how United States Agency for International Development and Department of State best practices are being utilized in providing humanitarian assistance to Venezuela and countries in the region, including a description of coordination efforts with United States embassies and USAID missions throughout the region; (B) describe the current and anticipated challenges to distributing humanitarian assistance in Venezuela and countries hosting Venezuelan migrants; (C) describe the coordination of United States assistance with foreign donors; and (D) describe how the distribution of humanitarian assistance is being monitored and evaluated, including-- (i) the number of beneficiaries receiving such assistance; (ii) an assessment of how humanitarian and development assistance is benefitting Venezuelan migrants inside and outside of the country; and (iii) what additional staff may be necessary to manage such assistance.

Subtitle C--Addressing Regime Cohesion

VENEZUELAN MILITARY AND THE MADURO REGIME.

(a) Reporting Requirement.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State,

acting through the Bureau of Intelligence and Research, and in coordination with the Director of National Intelligence, shall provide a briefing to the appropriate congressional committees that assesses the declining cohesion inside the Venezuelan military and security forces and the Maduro regime.

(b) Additional Elements.--The briefing required under subsection (a) shall-- (1) identify senior members of the Venezuelan military and the Maduro regime, including generals, admirals, cabinet ministers, deputy cabinet ministers, and the heads of intelligence agencies, whose loyalty to Nicolas Maduro is declining; (2) describe the factors that would accelerate the decision making of individuals identified in paragraph (1)-- (A) to break with the Maduro regime; and (B) to recognize the Interim President of Venezuela and his government; and (3) assess and detail the massive number of desertions and defections that have occurred at the officer and enlisted levels inside the Venezuelan military and security forces.

(c) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Select Committee on Intelligence of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Permanent Select Committee on Intelligence of the House of Representatives.

VISAS.

(a) In General.--The Secretary of State shall impose the visa restrictions described in subsection (c) on any foreign person who the Secretary determines-- (1) is a current or former senior official of the Maduro regime, or any foreign person acting on behalf of such regime, who is knowingly responsible for, complicit in, responsible for ordering, controlling, or otherwise directing, or participating in (directly or indirectly) any activity in or in relation to Venezuela, on or after January 23, 2019, that significantly undermines or threatens the integrity of-- (A) the democratically-elected National Assembly of Venezuela; or (B) the President of such National Assembly, while serving as Interim President of Venezuela, or the senior government officials under the supervision of such President; (2) is the spouse or adult child of a foreign person described in paragraph (1); or (3) is the spouse or adult child of Venezuelan person sanctioned under-- (A) section 5(a) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113- 278), as amended by section 163 of this title; (B) section 804(b) of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1903(b)); or (C) Executive Orders 13692 (50 U.S.C. 1701 note) and 13850.

(b) Removal From Visa Revocation List.--Pursuant to such procedures as the Secretary of State may establish to implement this section-- (1) if any person described in subsection (a)(1) recognizes and pledges support for the Interim President of Venezuela or a subsequent democratically elected government of Venezuela, that person and any family members of that person who were subject to visa restrictions pursuant to subsection (a)(2) shall no longer be subject to such visa restrictions; and (2) if any person described in subparagraphs (A) through (C) of subsection (a)(3) recognizes and pledges support for the Interim President of Venezuela or a subsequent democratically elected government of Venezuela, any family members of that person who were subject to visa restrictions pursuant to subsection (a)(3) shall no longer be subject to such visa restrictions.

(c) Visa Restrictions Described.-- (1) Visas, admission, or parole.--An alien described in subsection (a) is-- (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) otherwise ineligible to be admitted or paroled into the United States or to receive any benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (2) Current visas revoked.-- (A) In general.--An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (B) Immediate effect.--A revocation under subparagraph (A) shall-- (i) take effect immediately; and (ii) automatically cancel any other valid visa or entry documentation that is in the alien's possession. (3) Exceptions.--Sanctions under paragraphs (1) and (2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary-- (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist law enforcement activity in the United States.

(d) Rulemaking.--The President shall issue such regulations, licenses, and orders as may be necessary to carry out this section.

THAT RECOGNIZE THE INTERIM PRESIDENT OF VENEZUELA.

(a) Removal of Sanctions.--If a person sanctioned under any of the provisions of law described in subsection (b) recognizes and pledges supports for the Interim President of Venezuela or a subsequent democratically elected government, the person shall no longer be subject to such sanctions, pursuant to such procedures as the Secretary of State and the Secretary of the Treasury may establish to implement this section.

(b) Sanctions Described.--The sanctions described in this subsection are set forth in the following provisions of law: (1)(A) Paragraphs (3) and (4) of section 5(a) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113-278), as amended by section 163 of this title. (B) Paragraph (5) of section 5(a) of such Act, to the extent such paragraph relates to the sanctions described in paragraph (3) or (4) of such subsection. (2)(A) Clauses (1) and (4) of section 1(a)(ii)(A) of Executive Order 13692 (50 U.S.C. 1701 note). (B) Subparagraph (D)(2) of section 1(a)(ii) of such Executive Order, to the extent such subparagraph relates to the provisions of law cited in subparagraph (A). (3)(A) Section 1(a)(ii) of Executive Order 13850. (B) Paragraph (iii) of section 1(a) of such Executive Order, to the extent such paragraph relates to the provision of law cited in subparagraph (A).

(c) Rulemaking.--The President shall issue such regulations, licenses, and orders as may be necessary to carry out this section.

Subtitle D--Restoring Democracy and Addressing the Political Crisis in Venezuela

LIMA GROUP.

(a) Sense of Congress.--It is the sense of Congress that the Secretary of State should-- (1) take additional steps to support ongoing efforts by the Secretary General of the Organization of American States to promote diplomatic initiatives to foster the restoration of democracy and the rule of law in Venezuela; (2) conduct diplomatic engagement in support of efforts by the Lima Group to restore democracy and the rule of law in Venezuela and facilitate the delivery of humanitarian assistance for the Venezuelan people; and (3) engage with the International Contact Group on Venezuela to advance a peaceful and democratic solution to the current crisis.

(b) Defined Terms.--In this section: (1) International contact group on venezuela.--The ``International Contact Group on Venezuela'' refers to a diplomatic bloc-- (A) whose members include the European Union, France, Germany, Italy, Spain, Portugal, Sweden, the Netherlands, the United Kingdom, Ecuador, Costa Rica, and Uruguay; and (B) which was established to advance a peaceful and democratic solution to the current crisis in Venezuela. (2) Lima group.--The ``Lima Group'' refers to a diplomatic bloc-- (A) whose members include Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Guatemala, Guyana, Honduras, Panama, Paraguay, Peru, and Saint Lucia; and (B) which was established to address the political, economic, and humanitarian crises in Venezuela.

(a) Sense of Congress.--It is the sense of Congress that the Secretary of State should conduct robust diplomatic engagement in support of efforts in Venezuela, and on the part of the international community, to ensure accountability for possible crimes against humanity and serious violations of human rights. (b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to Congress that-- (1) evaluates the degree to which the Maduro regime and its officials, including members of the Venezuelan security forces, have engaged in actions that constitute possible crimes against humanity and serious violations of human rights; and (2) provides options for holding accountable the perpetrators identified under paragraph (1).

ELECTION OBSERVATION AND DEMOCRATIC CIVIL SOCIETY.

(a) In General.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development-- (1) shall work with the Organization of American States to ensure credible international observation of future elections in Venezuela that contributes to free, fair, and transparent democratic electoral processes; and (2) shall work with nongovernmental organizations-- (A) to strengthen democratic governance and institutions, including the democratically elected National Assembly of Venezuela; (B) to defend internationally recognized human rights for the people of Venezuela, including support for efforts to document crimes against humanity and violations of human rights; (C) to support the efforts of independent media outlets to broadcast, distribute, and share information beyond the limited channels made available by the Maduro regime; and (D) to combat corruption and improve the transparency and accountability of institutions that are part of the Maduro regime.

(b) Engagement at the Organization of American States.--The Secretary of State, acting through the United States Permanent Representative to the Organization of American States, should advocate and build diplomatic support for sending an election observation mission to Venezuela to ensure that democratic electoral processes are organized and carried out in a free, fair, and transparent manner. (c) Briefing Requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall provide a briefing on the strategy to carry out the activities described in subsection (a) to-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and

(4) the Committee on Appropriations of the House of Representatives.

(d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary of State for fiscal year 2020, $17,500,000 to carry out the activities set forth in subsection (a). (2) Notification requirements.--Amounts appropriated pursuant to paragraph (1) are subject to the notification requirements applicable to expenditures from the Economic Support Fund under section 531(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(c)) and from the Development Assistance Fund under section 653(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2413(a)), to the extent that such funds are expended.

Subtitle E--Supporting the Reconstruction of Venezuela

THE VENEZUELAN PEOPLE.

(a) Recovering Assets.--The President, acting through the Secretary of State and in consultation with the Secretary of the Treasury, shall advance a coordinated international effort-- (1) to work with foreign governments-- (A) to share financial investigations intelligence, as appropriate; (B) to block the assets identified pursuant to paragraph (2); and (C) to provide technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures; and (2) to carry out special financial investigations to identify and track assets taken from the people and institutions of Venezuela through theft, corruption, money laundering, or other illicit means.

(b) Strategy Requirement.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President, acting through the Secretary of State and in consultation with the Secretary of the Treasury, shall submit a strategy for carrying out the activities described in subsection (a) to Congress. (2) Additional elements.--The strategy required under paragraph (1) shall-- (A) assess whether the United States or another member of the international community should establish a managed fund to hold the assets identified pursuant to subsection (a)(2) that could be returned to a future democratic government in Venezuela; and (B) include such recommendations as the President and the Secretary of State consider appropriate for legislative or administrative action in the United States that would be needed to establish and manage the fund described in subparagraph (A).

Subtitle F--Restoring the Rule of Law in Venezuela

COORDINATED SANCTIONS STRATEGY WITH PARTNERS IN THE WESTERN HEMISPHERE AND THE EUROPEAN UNION.

(a) Strengthening Sanctions Capacity in Latin America and the Caribbean.-- The Secretary of State, in consultation with the Secretary of the Treasury, shall offer to provide technical assistance to partner governments in Latin America and the Caribbean to assist such governments in establishing the legislative and regulatory frameworks needed to impose targeted sanctions on officials of the Maduro regime who-- (1) are responsible for human rights abuses; (2) have engaged in public corruption; or (3) are undermining democratic institutions and processes in Venezuela.

(b) Coordinating International Sanctions.-- The Secretary of State, in consultation with the Secretary of the Treasury, shall engage in diplomatic efforts with partner governments, including the Government of Canada, governments in the European Union, and governments in Latin America and the Caribbean, to impose targeted sanctions on the Maduro regime officials described in subsection (a).

(c) Strategy Requirement.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit a strategy for carrying out the activities described in subsection (a) to-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Banking, Housing, and Urban Affairs of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Committee on Appropriations of the House of Representatives; and (6) the Committee on Financial Services of the House of Representatives.

(d) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of State for fiscal year 2020, $3,000,000 to carry out the activities set forth in subsection (a). (2) Notification requirements.--Amounts appropriated pursuant to paragraph (1) are subject to the notification requirements applicable to expenditures from the Economic Support Fund under section 531(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(c)) and the International Narcotics and Law Enforcement Fund under section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h) to the extent that such funds are expended.

OFFICIALS IN CORRUPTION AND ILLICIT NARCOTICS TRAFFICKING.

(a) Briefing Requirement.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, acting

through the Bureau of Intelligence and Research, and in coordination with the Director of National Intelligence, shall provide a classified briefing to the appropriate congressional committees on the involvement of senior officials of the Maduro regime, including members of the National Electoral Council, the judicial system, and the Venezuelan security forces, in illicit narcotics trafficking and significant acts of public corruption in Venezuela.

(b) Additional Elements.--The briefing provided under subsection (a) shall-- (1) describe how the significant acts of public corruption pose challenges for United States national security and impact the rule of law and democratic governance in countries of the Western Hemisphere; (2) identify individuals for whom there is credible information that they frustrated the ability of the United States to combat illicit narcotics trafficking; (3) include an assessment of the relationship between individuals identified under subsection (a) and Nicolas Maduro or members of his cabinet; and (4) include input from the Drug Enforcement Administration, the Office of Foreign Assets Control, and the Financial Crimes Enforcement Network.

(c) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Select Committee on Intelligence of the Senate; (3) the Committee on Banking, Housing, and Urban Affairs of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Permanent Select Committee on Intelligence of the House of Representatives; and (6) the Committee on Financial Services of the House of Representatives.

WITH ROSNEFT.

(a) Findings.--Congress makes the following findings: (1) In late 2016, Venezuelan state-owned oil company Petroleos de Venezuela, S.A. (referred to in this section as ``PDVSA''), through a no compete transaction, secured a loan from Russian government-controlled oil company Rosneft, using 49.9 percent of PDVSA's American subsidiary, CITGO Petroleum Corporation, including its assets in the United States, as collateral. As a result of this transaction, 100 percent of CITGO is held as collateral by PDVSA's creditors. (2) CITGO, a wholly owned subsidiary of PDVSA, is engaged in interstate commerce and owns and controls critical energy infrastructure in 19 States of the United States, including an extensive network of pipelines, 48 terminals, and 3 refineries, with a combined oil refining capacity of 749,000 barrels per day. CITGO's refinery in Lake Charles, Louisiana, is the sixth largest refinery in the United States. (3) The Department of the Treasury imposed sanctions on Rosneft, which is controlled by the Government of the Russian Federation, and its Executive Chairman, Igor Sechin, following Russia's military invasion of Ukraine and its illegal annexation of Crimea in 2014.

(4) The Department of Homeland Security has designated the energy sector as critical to United States infrastructure. (5) The growing economic crisis in Venezuela raises the probability that the Maduro regime and PDVSA will default on their international debt obligations, resulting in a scenario in which Rosneft could come into control of CITGO's United States energy infrastructure holdings.

(b) Sense of Congress.--It is the sense of Congress that-- (1) control of critical United States energy infrastructure by Rosneft, a Russian government-controlled entity currently under United States sanctions that is led by Igor Sechin, who is also under United States sanctions and is a close associate of Vladimir Putin, would pose a significant risk to United States national security and energy security; and (2) a default by PDVSA on its loan from Rosneft, resulting in Rosneft coming into possession of PDVSA's United States CITGO assets, would warrant careful consideration by the Committee on Foreign Investment in the United States.

(c) Preventing Rosneft From Controlling United States Energy Infrastructure.-- The President shall take all necessary steps to prevent Rosneft from gaining control of critical United States energy infrastructure.

(d) Security Risk Report.--Not later than 90 days after the date of the enactment of this Act, the President shall submit a report assessing the national security risks posed by potential Russian acquisition and control of CITGO's United States energy infrastructure holdings to-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Homeland Security and Governmental Affairs of the Senate; (3) the Committee on Banking, Housing, and Urban Affairs of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Committee on Homeland Security of the House of Representatives; and (6) the Committee on Financial Services of the House of Representatives.

GOVERNMENTS AND ACTORS IN VENEZUELA.

(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, acting through the Bureau of Intelligence and Research of the Department of State, and in coordination with the Director of National Intelligence, shall provide a classified briefing to the appropriate congressional committees on-- (1) the full extent of cooperation by the Government of the Russian Federation, the Government of the People's Republic of China, the Government of Cuba, and the Government of Iran with the Maduro regime; and (2) the activities inside Venezuelan territory of foreign armed groups, including Colombian criminal organizations and defectors from the Colombian guerilla group known as the Revolutionary Armed Forces of Colombia, and foreign terrorist organizations, including the Colombian guerilla group known as the National Liberation Army (ELN).

(b) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Select Committee on Intelligence of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Permanent Select Committee on Intelligence of the House of Representatives.

<<NOTE: Russian-Venezuelan Threat Mitigation Act. 22 USC 9753.>> COUNTERING RUSSIAN INFLUENCE IN VENEZUELA.

(a) Short Title.--This section may be cited as the ``Russian- Venezuelan Threat Mitigation Act''. (b) Threat Assessment and Strategy to Counter Russian Influence in Venezuela.-- (1) Defined term.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. (2) Threat assessment.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees regarding-- (A) an assessment of Russian-Venezuelan security cooperation; (B) the potential threat such cooperation poses to the United States and countries in the Western Hemisphere; and (C) a strategy to counter threats identified in subparagraphs (A) and (B).

(c) Aliens Ineligible for Visas, Admission, or Parole.-- (1) Aliens described.--An alien described in this paragraph is an alien who the Secretary of State or the Secretary of Homeland Security (or a designee of either Secretary) knows, or has reason to believe, is acting or has acted on behalf of the Government of Russia in direct support of the security forces of the Maduro regime. (2) Visas, admission, or parole.--An alien described in paragraph (1) is-- (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) otherwise ineligible to be admitted or paroled into the United States or to receive any benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (3) Current visas revoked.-- (A) In general.--An alien described in paragraph (1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (B) Immediate effect.--A revocation under subparagraph (A) shall-- (i) take effect immediately; and (ii) automatically cancel any other valid visa or entry documentation that is in the alien's possession.

(4) Exceptions.--Sanctions under paragraphs (2) and (3) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary-- (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist law enforcement activity in the United States. (5) National security.--The President may waive the application of this subsection with respect to an alien if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) submits a notice of, and justification for, such waiver to the appropriate congressional committees. (6) Sunset.--This subsection shall terminate on the date that is 1 year after the date of the enactment of this Act.

RESTRICTION ON EXPORT OF COVERED ARTICLES AND SERVICES TO CERTAIN SECURITY FORCES OF VENEZUELA.

(a) Short Title.--This section may be cited as the ``Venezuela Arms Restriction Act''. (b) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Banking, Housing, and Urban Affairs of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Financial Services of the House of Representatives. (2) Covered article or service.--The term ``covered article or service''-- (A) for purposes of subsection (c), means-- (i) a defense article or defense service (as such terms are defined in section 47 of the Arms Export Control Act (22 U.S.C. 2794)); and (ii) any article included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled for crime control purposes, if the end user is likely to use the article to violate the human rights of the citizens of Venezuela; and (B) for purposes of subsection (d), means-- (i) any defense article or defense service of the type described in section 47 of the Arms Export Control Act (22 U.S.C. 2794); and (ii) any article of the type included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations and controlled for crime control purposes.

(3) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (4) Person.--The term ``person'' means an individual or entity. (5) Security forces of venezuela.--The term ``security forces of Venezuela'' includes-- (A) the Bolivarian National Armed Forces, including the Bolivarian National Guard; (B) the Bolivarian National Intelligence Service; (C) the Bolivarian National Police; and (D) the Bureau for Scientific, Criminal and Forensic Investigations of the Ministry of Interior, Justice, and Peace. (6) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

(c) Restriction on Export of Covered Articles and Services to Certain Security Forces of Venezuela.-- (1) In general.--Notwithstanding any other provision of law, covered articles or services may not be exported from the United States to any element of the security forces of the Maduro regime. (2) Determination.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce and the heads of other departments and agencies, as appropriate, shall-- (A) determine, using such information that is available to the Secretary of State, whether any covered article or service has been transferred since July 2017 to the security forces of Venezuela without a license or other authorization as required by law; and (B) submit such determination in writing to the appropriate congressional committees.

(d) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce, as appropriate, shall submit a report to the appropriate congressional committees regarding the transfer by foreign persons of covered articles or services to elements of the security forces of Venezuela that are under the authority of the Maduro regime. (2) Matters to be included.--The report required under paragraph (1) shall include-- (A) a list of all significant transfers by foreign persons of covered articles or services to such elements of the security forces of Venezuela since July 2017; (B) a list of all foreign persons who maintain an existing defense relationship with such elements of the security forces of Venezuela; and

(C) any known use of covered articles or services by such elements of the security forces of Venezuela or associated forces, including paramilitary groups, that have coordinated with such security forces to assault, intimidate, or murder political activists, protesters, dissidents, and other civil society leaders, including Juan Guaido.

(e) Sunset.--This section shall terminate on the earlier of-- (1) the date that is 3 years after the date of the enactment of this Act; or (2) the date on which the President certifies to the appropriate congressional committees that the Government of Venezuela has returned to a democratic form of government with respect for the essential elements of representative democracy as set forth in Article 3 of the Inter-American Democratic Charter, adopted by the Organization of American States in Lima on September 11, 2001.

Subtitle G--Cryptocurrency and Ensuring the Effectiveness of United States Sanctions

CRYPTOCURRENCIES ON UNITED STATES SANCTIONS.

(a) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Banking, Housing, and Urban Affairs of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Financial Services of the House of Representatives.

(b) Methodology.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of the Treasury, after consultation with the Chairman of the Securities and Exchange Commission and the Chairman of the Commodity Futures Trading Commission, shall develop a methodology to assess how any digital currency, digital coin, or digital token, that was issued by, for, or on behalf of the Maduro regime is being utilized to circumvent or undermine United States sanctions.

(c) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of the Treasury shall brief the appropriate congressional committees on the methodology developed under subsection (b).

Subtitle H--Miscellaneous Provisions

BRIEFINGS.

(a) Humanitarian Assistance; Sanctions Coordination.-- (1) In general.--Not later than 15 days after any of the congressional committees listed in paragraph (2) requests a briefing regarding the implementation--

(A) of section 121, the Secretary of State and the Administrator of the United States Agency for International Development shall provide such briefing to such committee; and (B) of section 161, the Secretary of State shall provide such briefing to such committee. (2) Congressional committees.--The committees listed in this paragraph are-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives.

(b) United Nations; Negotiated Solution; Crimes Against Humanity.-- (1) In general.--Not later than 15 days after any congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 113, 122, or 142, the Secretary of State shall provide such briefing to such committee. (2) Congressional committees.--The congressional committees listed in this paragraph are-- (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives.

(c) Regime Cohesion.-- (1) In general.--Not later than 15 days after a congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 131, the Secretary of State and the Director of National Intelligence shall provide such briefing to such committee. (2) Congressional committees.--The congressional committees listed in this paragraph are-- (A) the Committee on Foreign Relations of the Senate; (B) the Select Committee on Intelligence of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Permanent Select Committee on Intelligence of the House of Representatives.

(d) International Election Observation; Democratic Civil Society.-- Not later than 15 days after a congressional committee listed in subsection (a)(2) requests a briefing regarding the implementation of section 143, the Secretary of State and the Administrator of the United States Agency for International Development shall provide such briefing to such committee. (e) Visa Restrictions; Sanctions Waiver.--Not later than 15 days after a congressional committee listed in subsection (b)(2) requests a briefing regarding the implementation of section 132 or 133, the Secretary of State shall provide such briefing to such committee. (f) Recovery of Stolen Assets.-- (1) In general.--Not later than 15 days after a congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 151, the Secretary of State, the Secretary of the Treasury, and the Attorney General shall provide such briefing to such committee.

(2) Congressional committees.--The congressional committees listed in this paragraph are-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Banking, Housing, and Urban Affairs of the Senate; (C) the Committee on the Judiciary of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Committee on Financial Services of the House of Representatives; and (F) the Committee on the Judiciary of the House of Representatives.

(g) PDVSA Transactions With Rosneft.-- (1) In general.--Not later than 15 days after a congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 163, the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security shall provide such briefing to such committee. (2) Congressional committees.--The congressional committees listed in this paragraph are-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Homeland Security of the House of Representatives.

PROVISIONS OF THIS TITLE AS AN AUTHORIZATION FOR THE USE OF MILITARY FORCE.

Nothing in this title may be construed as an authorization for the use of military force.

VENEZUELA.

(a) Amendment.--Section 5(e) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113-278; 50 U.S.C. 1701 note) is amended by striking ``December 31, 2019'' and inserting ``December 31, 2023''. (b) Termination.--The requirement to impose sanctions under this title shall terminate on December 31, 2023.

This title may be cited as the ``Eastern Mediterranean Security and Energy Partnership Act of 2019''.

Congress makes the following findings: (1) The security of partners and allies in the Eastern Mediterranean region is critical to the security of the United States and Europe.

(2) Greece is a valuable member of the North Atlantic Treaty Organization (NATO) and a key pillar of stability in the Eastern Mediterranean. (3) Israel is a steadfast ally of the United States and has been designated a ``major non-NATO ally'' and ``major strategic partner''. (4) Cyprus is a key strategic partner and signed a Statement of Intent with the United States on November 6, 2018, to enhance bilateral security cooperation. (5) The countries of Greece, Cyprus, and Israel have participated in critical trilateral summits to improve cooperation on energy and security issues. (6) Secretary of State Mike Pompeo participated in the trilateral summit among Israel, Greece, and Cyprus on March 20, 2019. (7) The United States, Israel, Greece, and Cyprus oppose any action in the Eastern Mediterranean and the Aegean Sea that could challenge stability, violate international law, or undermine good neighborly relations, and in a joint declaration on March 21, 2019, agreed to ``defend against external malign influences in the Eastern Mediterranean and the broader Middle East''. (8) The recent discovery of what may be the region's largest natural gas field off the Egyptian coast and the newest discoveries of natural gas off the coast of Cyprus could represent a significant and positive development for the Eastern Mediterranean and the Middle East, enhancing the region's strategic energy significance. (9) It is in the national security interest of the United States to promote, achieve, and maintain energy security among, and through cooperation with, allies. (10) Natural gas developments in the Eastern Mediterranean have the potential to provide economic gains and contribute to energy security in the region and Europe, as well as support European efforts to diversify away from natural gas supplied by the Russian Federation. (11) The soon to be completed Trans Adriatic Pipeline is a critical component of the Southern Gas Corridor and the European Union's efforts to diversify energy resources. (12) The proposed Eastern Mediterranean pipeline, if commercially viable, would provide for energy diversification in accordance with the European Union's third energy package of reforms. (13) The United States acknowledges the achievements and importance of the Binational Industrial Research and Development Foundation (BIRD) and the United States-Israel Binational Science Foundation (BSF) and supports continued multiyear funding to ensure the continuity of the programs of the Foundations. (14) The United States has welcomed Greece's allocation of 2 percent of its gross domestic product (GDP) to defense in accordance with commitments made at the 2014 NATO Summit in Wales. (15) Energy exploration in the Eastern Mediterranean region must be safeguarded against threats posed by terrorist and extremist groups, including Hezbollah and any other actor in the region.

(16) The energy exploration in the Republic of Cyprus's Exclusive Economic Zone and territorial waters-- (A) furthers United States interests by providing a potential alternative to Russian gas for United States allies and partners; and (B) should not be impeded by other sovereign states. (17) The United States Government cooperates closely with Cyprus, Greece, and Israel through information sharing agreements. (18) United States officials have assisted the Government of the Republic of Cyprus with crafting that nation's national security strategy. (19) The United States Government provides training to Cypriot officials in areas such as cybersecurity, counterterrorism, and explosive ordnance disposal and stockpile management. (20) Israel, Greece, and Cyprus are valued members of the Proliferation Security Initiative to combat the trafficking of weapons of mass destruction. (21) The Republic of Cyprus continues to work closely with the United Nations and regional partners in Europe to combat terrorism and violent extremism. (22) Despite robust economic and security relations with the United States, the Republic of Cyprus has been subject to a United States prohibition on the export of defense articles and services since 1987. (23) The 1987 arms prohibition was designed to restrict United States arms sales and transfers to the Republic of Cyprus and the occupied part of Cyprus to avoid hindering reunification efforts. (24) At least 40,000 Turkish troops are stationed in the occupied part of Cyprus with some weapons procured from the United States through mainland Turkey. (25) While the United States has, as a matter of policy, avoided the provision of defense articles and services to the Republic of Cyprus, the Government of Cyprus has, in the past, sought to obtain defense articles from other countries, including countries, such as Russia, that pose challenges to United States interests around the world.

It is the policy of the United States-- (1) to continue to actively participate in the trilateral dialogue on energy, maritime security, cybersecurity and protection of critical infrastructure conducted among Israel, Greece, and Cyprus; (2) to support diplomatic efforts with partners and allies to deepen energy security cooperation among Greece, Cyprus, and Israel and to encourage the private sector to make investments in energy infrastructure in the Eastern Mediterranean region; (3) to strongly support the completion of the Trans Adriatic and Eastern Mediterranean Pipelines and the establishment of liquified natural gas (LNG) terminals across the Eastern Mediterranean as a means of diversifying regional energy needs away from the Russian Federation;

(4) to maintain a robust United States naval presence and investments in the naval facility at Souda Bay, Greece and develop deeper security cooperation with Greece to include the recent MQ-9 deployments to the Larissa Air Force Base and United States Army helicopter training in central Greece; (5) to welcome Greece's commitment to move forward with the Interconnector Greece-Bulgaria (IGB pipeline) and additional LNG terminals that will help facilitate delivery of non-Russian gas to the Balkans and central Europe; (6) to support deepened security cooperation with the Republic of Cyprus through the removal of the arms embargo on the country; (7) to support robust International Military Education and Training (IMET) programming with Greece and the Republic of Cyprus; (8) to leverage relationships within the European Union to encourage investments in Cypriot border and maritime security; (9) to support efforts to counter Russian Federation interference and influence in the Eastern Mediterranean through increased security cooperation with Greece, Cyprus, and Israel, to include intelligence sharing, cyber, and maritime domain awareness; (10) to support the Republic of Cyprus' efforts to regulate its banking industry to ensure that it is not used as a source of international money laundering and encourage additional measures toward that end; (11) to strongly oppose any actions that would trigger mandatory sanctions pursuant to section 231 of the Countering America's Adversaries Through Sanctions Act (CAATSA) (Public Law 115-44), to include the purchase of military equipment from the Russian Federation; (12) to continue robust official strategic engagement with Israel, Greece, and Cyprus; (13) to urge countries in the region to deny port services to Russian Federation vessels deployed to support the government of Bashar Al-Assad in Syria; (14) to support joint military exercises among Israel, Greece, and Cyprus; (15) to fully implement relevant CAATSA provisions to prevent interference by the Russian Federation in the region; (16) to support efforts by countries in the region to demobilize military equipment supplied by the Russian Federation in favor of equipment provided by NATO and NATO-allied member countries; and (17) to strongly support the active and robust participation of Israel, Cyprus, and Greece in the Combating Terrorism Fellowship Program.

(a) In General.--The Secretary of State, in coordination with the Secretary of Energy, may enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between the United States and Israel, Greece, and the Republic of Cyprus.

(b) Annual Reports.--If the Secretary of State, in coordination with the Secretary of Energy, enters into agreements authorized under subsection (a), the Secretary shall submit an annual report to the appropriate congressional committees that describes-- (1) actions taken to implement such agreements; and (2) any projects undertaken pursuant to such agreements.

(c) United States-Eastern Mediterranean Energy Center.--The Secretary of Energy, in coordination with the Secretary of State, may establish a joint United States-Eastern Mediterranean Energy Center in the United States leveraging the experience, knowledge, and expertise of institutions of higher education and entities in the private sector, among others, in offshore energy development to further dialogue and collaboration to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of emerging geopolitical implications, which include opportunities as well as crises and threats from foreign natural resource and energy acquisitions.

TRANSFER OF ARTICLES ON THE UNITED STATES MUNITIONS LIST TO THE REPUBLIC OF CYPRUS.

(a) Sense of Congress.--It is the sense of Congress that-- (1) allowing for the export, re-export or transfer of arms subject to the United States Munitions List (part 121 of title 22, Code of Federal Regulations) to the Republic of Cyprus would advance United States security interests in Europe by helping to reduce the dependence of the Government of the Republic of Cyprus on other countries, including countries that pose challenges to United States interests around the world, for defense-related materiel; and (2) it is in the interest of the United States to continue to support United Nations-facilitated efforts toward a comprehensive solution to the division of Cyprus.

(b) Modification of Prohibition.--Section 620C(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended-- (1) in paragraph (1), by striking ``Any agreement'' and inserting ``Except as provided in paragraph (3), any agreement''; and (2) by adding at the end the following new paragraph:

``(3) The requirement under paragraph (1) shall not apply to any sale or other provision of any defense article or defense service to Cyprus if the end-user of such defense article or defense service is the Government of the Republic of Cyprus.''. (c) Exclusion of the Government of the Republic of Cyprus From Certain Related Regulations.-- (1) In general.--Subject to subsection (d) and except as provided in paragraph (2), beginning on the date of the enactment of this Act, the Secretary of State shall not apply a policy of denial for exports, re-exports, or transfers of defense articles and defense services destined for or originating in the Republic of Cyprus if-- (A) the request is made by or on behalf of the Government of the Republic of Cyprus; and (B) the end-user of such defense articles or defense services is the Government of the Republic of Cyprus.

(2) Exception.--This exclusion shall not apply to any denial based upon credible human rights concerns.

(d) Limitations on the Transfer of Articles on the United States Munitions List to the Republic of Cyprus.-- (1) <<NOTE: President. Determination. Certification. Time period.>> In general.--The policy of denial for exports, re- exports, or transfers of defense articles on the United States Munitions List to the Republic of Cyprus shall remain in place unless the President determines and certifies to the appropriate congressional committees not less than annually that-- (A) the Government of the Republic of Cyprus is continuing to cooperate with the United States Government in efforts to implement reforms on anti-money laundering regulations and financial regulatory oversight; and (B) the Government of the Republic of Cyprus has made and is continuing to take the steps necessary to deny Russian military vessels access to ports for refueling and servicing. (2) Waiver.--The President may waive the limitations contained in this subsection for one fiscal year if the President determines that it is essential to the national security interests of the United States to do so. (3) Appropriate congressional committees defined.--In this section, the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.

There is authorized to be appropriated $1,300,000 for fiscal year 2020, $1,500,000 for fiscal year 2021, and $1,800,000 for fiscal year 2022 for International Military Education and Training (IMET) assistance for Greece and $200,000 for fiscal year 2020, $500,000 for fiscal year 2021, and $750,000 for fiscal year 2022 for such assistance for the Republic of Cyprus. The assistance shall be made available for the following purposes: (1) Training of future leaders. (2) Fostering a better understanding of the United States. (3) Establishing a rapport between the United States military and the country's military to build alliances for the future. (4) Enhancement of interoperability and capabilities for joint operations. (5) Focusing on professional military education. (6) Enabling countries to use their national funds to receive a reduced cost for other Department of Defense education and training.

(a) Authorization of Appropriations.--There is authorized to be appropriated for fiscal year 2021 up to $3,000,000 for Foreign Military Financing (FMF) assistance for Greece to assist the country in meeting its commitment as a member of the North Atlantic Treaty Organization (NATO) to dedicate 20 percent of its defense budget to enhance research and development.

(b) Sense of Congress.--It is the sense of Congress that Greece should receive robust support under the European Recapitalization Incentive Program implemented by the Department of Defense.

COOPERATION IN THE EASTERN MEDITERRANEAN.

(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Secretary of Energy, shall submit to the appropriate congressional committees a strategy on enhanced security and energy cooperation with countries in the Eastern Mediterranean region, including Israel, the Republic of Cyprus, and Greece.

(b) Elements.--The report required under subsection (a) shall include the following elements: (1) A description of United States participation in and support for the Eastern Mediterranean Natural Gas Forum. (2) An evaluation of all possible delivery mechanisms into Europe for natural gas discoveries in the Eastern Mediterranean region. (3) An evaluation of efforts to protect energy exploration infrastructure in the region, including infrastructure owned or operated by United States companies. (4) An assessment of the capacity of the Republic of Cyprus to host an Energy Crisis Center in the region which could provide basing facilities in support of search and rescue efforts in the event of an accident. (5) An assessment of the timing of potential natural gas delivery in the region as well as an assessment of the ultimate destination countries for the natural gas delivery from the region. (6) A plan to work with United States businesses seeking to invest in Eastern Mediterranean energy exploration, development, and cooperation.

(c) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

EASTERN MEDITERRANEAN.

(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on Russian Federation malign influence in the Republic of Cyprus, Greece, and Israel since January 1, 2017.

(b) Elements.--The report required under subsection (a) shall include the following elements: (1) An assessment of security, political, and energy goals of the Russian Federation in the Eastern Mediterranean. (2) A description of energy projects of the Government of the Russian Federation in the Eastern Mediterranean. (3) A listing of Russian national ownership of media outlets in these countries, including the name of the media outlet, approximate viewership, and assessment of whether the outlet promotes pro-Kremlin views. (4) An assessment of military engagement by the Government of the Russian Federation in the security sector, including engagement by military equipment and personnel contractors.

(5) An assessment of efforts supported by the Government of the Russian Federation to influence elections in the three countries, through the use of cyber attacks, social media campaigns, or other malign influence techniques. (6) An assessment of efforts by the Government of the Russian Federation to intimidate and influence the decision by His All Holiness Ecumenical Patriarch Bartholomew, leader of 300,000,000 Orthodox Christians worldwide, to grant autocephaly to the Ukrainian Orthodox Church.

(c) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

EXCLUSIVE ECONOMIC ZONE OF THE REPUBLIC OF CYPRUS.

(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Secretary of Energy, shall submit to the appropriate congressional committees a report listing incidents since January 1, 2017, determined by the Secretary of State to interfere in efforts by the Republic of Cyprus to explore and exploit natural resources in its Exclusive Economic Zone.

(b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

AIRSPACE OF GREECE.

(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees a report listing incidents since January 1, 2017, determined by the Secretary of State to be violations of the airspace of the sovereign territory of Greece by its neighbors.

(b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

COMMITTEES.

In this title, the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

This title may be cited as the ``End Neglected Tropical Diseases Act''.

It is the policy of the United States to support a broad range of implementation and research and development activities that work toward the achievement of cost-effective and sustainable treatment, control, and, where possible, elimination of neglected tropical diseases for the economic and social well-being of all people.

In this title, the terms ``neglected tropical diseases'' and ``NTDs''-- (1) mean infections caused by pathogens, including viruses, bacteria, protozoa, and helminths that disproportionately impact individuals living in extreme poverty, especially in developing countries; and (2) include-- (A) Buruli ulcer (Mycobacterium Ulcerans infection); (B) Chagas disease; (C) dengue or severe dengue fever; (D) dracunculiasis (Guinea worm disease); (E) echinococcosis; (F) foodborne trematodiases; (G) human African trypanosomiasis (sleeping sickness); (H) leishmaniasis; (I) leprosy; (J) lymphatic filariasis (elephantiasis); (K) onchocerciasis (river blindness); (L) scabies; (M) schistosomiasis; (N) soil-transmitted helminthiases (STH) (roundworm, whipworm, and hookworm); (O) taeniasis/cysticercosis; (P) trachoma; and (Q) yaws (endemic treponematoses).

DEVELOPMENT NEGLECTED TROPICAL DISEASES PROGRAM.

(a) Sense of Congress.--It is the sense of Congress that the Neglected Tropical Diseases Program, as in effect on the date of the enactment of this Act, should-- (1) provide integrated drug treatment packages to as many individuals suffering from NTDs or at risk of acquiring NTDs, including individuals displaced by manmade and natural disasters, as logistically feasible; (2) better integrate NTD control and treatment tools and approaches into complementary development and global health programs by coordinating, to the extent practicable and appropriate, across multiple sectors, including those relating to HIV/AIDS, malaria, tuberculosis, education, nutrition, other infectious diseases, maternal and child health, and water, sanitation, and hygiene; (3) establish low-cost, high-impact community- and school- based NTD programs to reach large at-risk populations, including school-age children, with integrated drug treatment packages, as feasible; (4) as opportunities emerge and resources allow, engage in research and development of new tools and approaches to reach the goals relating to the elimination of NTDs as set forth by the 2012 World Health Organization publication ``Accelerating Work to Overcome the Global Impact of Neglected Tropical Diseases: A Roadmap for Implementation'', including for Chagas disease, Guinea worm, human African trypanosomiasis (sleeping sickness), leprosy, and visceral leishmaniasis; and

(5) monitor research on and developments in the prevention and treatment of other NTDs so breakthroughs can be incorporated into the Neglected Tropical Diseases Program, as practicable and appropriate.

(b) Program Priorities.--The Administrator of the United States Agency for International Development (referred to in this section as the ``Administrator'') should incorporate the following priorities into the Neglected Tropical Diseases Program (as in effect on the date of the enactment of this Act): (1) Planning for and conducting robust monitoring and evaluation of program investments in order to accurately measure impact, identify and share lessons learned, and inform future NTD control and elimination strategies. (2) Coordinating program activities with complementary development and global health programs of the United States Agency for International Development, including programs relating to water, sanitation, and hygiene, food and nutrition security, and education (both primary and secondary), in order to advance the goals of the London Declaration on Neglected Tropical Diseases (2012). (3) Including morbidity management in treatment plans for high-burden NTDs. (4) Incorporating NTDs included in the Global Burden of Disease Study 2010 into the program as opportunities emerge, to the extent practicable and appropriate. (5) Continuing investments in the research and development of new tools and approaches that complement existing research investments and ensure that new discoveries make it through the pipeline and become available to individuals who need them most.

(a) Office of the Global AIDS Coordinator.--It is the sense of Congress that the Coordinator of United States Government Activities to Combat HIV/AIDS Globally should fully consider evolving research on the impact of NTDs on efforts to control HIV/AIDS when making future programming decisions, as necessary and appropriate. (b) Global Programming.-- (1) In general.--The Secretary of State should encourage the Global Fund to take into consideration evolving research on the impact of NTDs on efforts to control HIV/AIDS when making programming decisions, particularly with regard to female genital schistosomiasis, which studies suggest may be one of the most significant cofactors in the AIDS epidemic in Africa, as necessary and appropriate. (2) Global fund.--In this subsection, the term ``Global Fund'' means the public-private partnership known as the Global Fund to Fight AIDS, Tuberculosis and Malaria established pursuant to Article 80 of the Swiss Civil Code.

(c) G-20 Countries.--The Secretary of State, acting through the Office of Global Health Diplomacy, should encourage G-20 countries to significantly increase their role in the control and elimination of NTDs.

(a) Finding.--Congress finds that the treatment of NTDs, including community- and school-based deworming programs, can

be a highly cost-effective intervention, and schools can serve as an effective delivery mechanism for reaching large numbers of children with safe treatment for soil-transmitted helminthiases (roundworm, whipworm, and hookworm) in particular. (b) United Nations.--The President should direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the World Health Organization and the United Nations Development Programme to-- (1) ensure the dissemination of best practices and programming on NTDs to governments and make data accessible to practitioners in an open and timely fashion; (2) highlight impacts of community- and school-based deworming programs on children's health and education, emphasizing the cost-effectiveness of such programs; (3) encourage governments to implement deworming campaigns at the national level; (4) consider the designation of a portion of grant funds of the institutions to deworming initiatives and cross-sectoral collaboration with water, sanitation, and hygiene efforts and nutrition or education programming, as practicable and appropriate; (5) encourage accurate monitoring and evaluation of NTD programs, including deworming programs; and (6) engage governments in cross-border initiatives for the treatment, control, prevention, and elimination of NTDs, and assist in developing transnational agreements, when and where necessary.

Nothing in this title may be construed to increase authorizations of appropriations for the United States Agency for International Development.

This title may be cited as the ``Preventing Child Marriage in Displaced Populations Act''.

Congress finds the following: (1) According to United Nations Children's Fund (UNICEF), 12,000,000 girls marry before the age of 18 every year. (2) Early marriage denies children, especially girls, their right to make vital decisions about their well-being, including relating to their health, family, and career. Child brides are less likely to finish their education, and are at higher risk for abuse, contracting HIV, and dying while pregnant or giving birth. (3) Child marriage also imposes substantial economic costs to developing countries, impeding development and prosperity gains. (4) Displaced populations are particularly vulnerable to child marriage, in communities where poverty, instability, and

displacement put pressure on families to marry children, particularly young girls, off at a young age. (5) One United Nations (UN) study found that child marriage rates were 4 times higher among displaced Syrian refugees than among Syrians before the crisis. This indicates that displacement, instability, and poverty are driving child marriages. (6) United Nations agencies, including UNICEF and the United Nations High Commissioner for Refugees (UNHCR), have acknowledged the dangers of child marriage and taken steps to address its risk in the populations they serve. (7) The UN Joint Program on Child Marriage supports this work by building the resilience of populations to indirectly prevent child marriage and by generating new data and evidence on the prevalence of child marriage in humanitarian and fragile settings. For example, in Uganda, the UN Joint Program on Child Marriage helped 27,000 adolescent girls strengthen critical skills through school clubs and Go Back to School campaigns, as well as life skills and financial literacy training. (8) After the UN Joint Program on Child Marriage identified Yemen as one of its focus countries, 65,000 people, of whom 45,000 are adolescents, were reached with awareness-raising activities on the harms of child marriage in 2018 alone. As a result, local council representatives, elders, and community leaders from 6 districts signed a pledge to support advocacy efforts to end child marriage.

DISPLACED POPULATIONS.

(a) In General.--The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to call for an adoption of an agreed upon definition of ``child marriage'' across United Nations agencies. (b) Strategy.--The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to call for the development of a comprehensive strategy to address child marriage in refugee settlements administered by the United Nations. The strategy should include the following elements: (1) A mandate to regularly collect and report data related to the number of known or suspected child marriages taking place inside each such settlement. (2) Protocols for United Nations personnel regarding prevention and monitoring of child marriages inside each such settlement. (3) A description of United Nations programs administered at such settlements that include-- (A) physical, mental, and emotional rehabilitation and support to children who have extricated themselves from child marriage; and (B) alternatives to child marriage, such as education initiatives. (4) Protocols regarding how United Nations personnel should--

(A) report adults participating in illegal child marriages in each such settlement; and (B) monitor the prosecution of such adults by the authorities of the country in which the settlement at issue is located.

(c) Research.--The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to advocate for the United Nations and its appropriate agencies to include, as appropriate, in all of its research regarding child marriage, the relationship between child marriage and violence against girls, including young children and infants. (d) Definitions.--In this section: (1) Child marriage.--The term ``child marriage'' means a formal marriage or informal union involving at least one person younger than age 18. (2) Illegal child marriage.--The term ``illegal child marriage'' means a child marriage that is illegal under the laws of the country in which the child marriage occurs.

This title may be cited as the ``Global Fragility Act of 2019''.

COMMITTEES DEFINED.

In this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Relevant federal department or agency.--The term ``relevant Federal department or agency'' means the Department of State, the United States Agency for International Development, the Department of Defense, the Department of Treasury, and any other Federal department or agency the President determines is relevant to carry out the purposes of this title.

It is the policy of the United States to seek to stabilize conflict- affected areas and prevent violence and fragility globally, including by-- (1) ensuring that all relevant Federal departments and agencies coordinate to achieve coherent, long-term goals for programs designed to carry out such policy; (2) seeking to improve global, regional, and local coordination of relevant international and multilateral development and donor organizations regarding efforts to carry out such policy; and (3) enhancing the effectiveness of United States foreign assistance programs and activities to carry out such policy, including by improving assessment, monitoring, and evaluation conducted by the relevant Federal departments and agencies.

STRATEGY.

(a) Strategy.--The President, in coordination with the Secretary of State, the Administrator of the United States Agency for International Development (``USAID''), the Secretary of Defense, and the heads of other relevant Federal departments and agencies, shall establish a comprehensive, integrated, ten-year strategy, to be referred to as the ``Global Fragility Strategy'', to contribute to the stabilization of conflict-affected areas, address global fragility, and strengthen the capacity of the United States to be an effective leader of international efforts to prevent extremism and violent conflict. The strategy shall focus on addressing long-term causes of fragility and violence, and shall-- (1) consider the causes of fragility and violence at both the local and national levels, the external actors that reinforce and exploit such conditions, and successful prevention strategies and their key features; (2) include specific objectives and multisectoral approaches to reduce fragility and the causes of violence, including those that strengthen state-society relations, curb extremist ideology, and make society less vulnerable to the spread of extremism and violence; (3) encourage and empower local and national actors to address the concerns of their citizens, including those in vulnerable communities, and build community resilience against violence and extremism; (4) address the long-term underlying causes of fragility and violence through participatory, locally led programs, empowering marginalized groups such as youth and women, inclusive dialogues and conflict resolutions processes, justice sector reform, good governance, inclusive and accountable service delivery, and community policing and civilian security, including by combatting impunity for security forces implicated in violations of internationally recognized human rights and other serious crimes; (5) describe approaches that ensure national leadership where appropriate and participatory engagement by civil society and local partners in the design, implementation, and monitoring of programs; (6) assign roles for relevant Federal departments and agencies to avoid duplication of efforts, while ensuring that-- (A) the Department of State is responsible for leading the drafting and execution of the strategy, establishing United States foreign policy, advancing diplomatic and political efforts, and overseeing the planning and implementation of security assistance and related civilian security efforts; (B) USAID is responsible for overseeing prevention programs, and is the lead implementing agency for development, humanitarian, and related non-security program policy; (C) activities undertaken or supported by the Department of Defense in relation to the Global Fragility Strategy are established through joint formulation and with the concurrence of the Secretary of State; and (D) other relevant Federal departments and agencies support the activities of the Department of State and

USAID as appropriate, with the concurrence of the Secretary of State and the Administrator of the United States Agency for International Development; (7) describe programs that relevant Federal departments and agencies will undertake to achieve the stated objectives, including descriptions of existing programs and funding by fiscal year and account; (8) identify mechanisms to improve coordination between the United States, foreign governments, and international organizations, including the World Bank, the United Nations, regional organizations, and private sector organizations; (9) address efforts to expand public-private partnerships and leverage private sector resources; (10) describe the criteria, metrics, and mechanisms for monitoring and evaluation of programs and objectives in the strategy to ensure planning, implementation, and coordination are appropriately executed and updated; (11) describe how the strategy will ensure that programs are country-led and context-specific; and (12) identify mechanisms or activities to reduce the risk that the programs, policies, or resources of the United States and its partners will facilitate corruption, empower or abet repressive local actors, or be exploited by extremists to gain support for their cause.

(b) Stakeholder Consultation.--The Global Fragility Strategy required under this section shall be developed in consultation with representatives of civil society and national and local governance entities in countries and regions described in section 505, as well as relevant international development organizations with experience implementing programs in fragile states, multilateral organizations and donors, relevant private, academic, and philanthropic entities, and the appropriate congressional committees. (c) Report.--Not later than 270 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report setting forth the strategy described in subsection (a), which shall be submitted in unclassified form, but may include a classified annex if necessary, and shall include, at a minimum, the following elements: (1) The objectives, general and specific, of the strategy. (2) An identification of the relevant Federal departments and agencies that will be involved and the assignment of priorities to such departments and agencies. (3) A description of the compact-based partnerships that will be established to ensure local leadership of strategies, policy, and programs, as well as mutual accountability for results and resources needed to support such partnerships. (4) An identification of the authorities, staffing, and other requirements, as necessary and appropriate, needed to effectively implement the Global Fragility Strategy. (5) A description of the ways in which United States leadership will be used to enhance overall international prevention efforts, including through increasing the engagement of the member states of the Group of Seven and Group of Twenty. (6) An identification of which officials of the Department of State, USAID, and the Department of Defense, with a rank

not lower than Assistant Secretary or Assistant Administrator, will be responsible for leading and overseeing the strategy. (7) A list of priority countries and regions selected pursuant to section 505, including descriptions of the rationale for such selections.

AND REGIONS.

(a) In General.-- The President, in coordination with the Secretary of State, the Administrator of the United States Agency for International Development, and the Secretary of Defense, and in consultation with the appropriate congressional committees specified in subsection (b), shall select certain countries as ``priority countries'' and certain regions as ``priority regions'' for the purpose of implementing the Global Fragility Strategy required under section 504-- (1) on the basis of-- (A) the national security interests of the United States; (B) clearly defined indicators of the levels of violence or fragility in such country or region, such as the country's or region's-- (i) ranking on recognized global fragility lists, such as the Organization for Economic Co- operation and Development States of Fragility report, the Fund for Peace Fragile States Index, the World Bank Harmonized List of Fragile Situations, the Institute for Economics and Peace Global Peace Index, and the Holocaust Museum Early Warning Project Risk Assessment; (ii) ranking on select United States Government conflict and atrocity early warning watch lists; (iii) levels of violence, including violence committed by armed groups, state actors, and violent extremist organizations, gender-based violence, and violence against children and youth; and (iv) vulnerability to rising sea levels, flooding, drought, wildfires, desertification, deforestation, food insecurity, and human displacement; and (C) an assessment of-- (i) the commitment and capacity of national and sub-national government entities and civil society partners in such country or region to work with relevant Federal departments and agencies on the Global Fragility Strategy, including by demonstrating commitment to-- (I) improving inclusive, transparent, and accountable power structures, including effective, legitimate, and resilient national and sub-national institutions; and (II) ensuring strong foundations for human rights, rule of law, and equal access to justice; and (ii) the likelihood that United States assistance under the Global Fragility Strategy would measurably help to reduce fragility, prevent the spread of extremism and violence, and stabilize conflict-affected areas in each such country or region; and

(2) in a manner that ensures that not fewer than five countries or regions are selected, including not fewer than two in which the priority will be preventing violent conflict and fragility, rather than stabilizing ongoing conflicts.

(b) Consultation With Congress.--Prior to finalization of the selection of priority countries and regions under subsection (a), representatives from the Department of State, USAID, the Department of Defense, and other relevant Federal departments and agencies, as necessary and appropriate, shall brief the appropriate congressional committees on the countries and regions being considered and shall consider congressional input on such prioritization.

PLANS.

Not later than one year after the date of the enactment of this Act, the President, in coordination with the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Defense, and the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees ten- year plans to align and integrate under the Global Fragility Strategy established pursuant to section 504 all relevant diplomatic, development, and security assistance and activities of the United States Government with respect to each of the countries and regions selected pursuant to section 505. Each such country and regional plan shall include the following elements: (1) Specific multi-year interagency plans for coordination and implementation under each such plan. (2) An up-to-date baseline analysis for each such country or region, including an analysis of the conditions that contribute to violence and fragility. (3) Prioritized descriptions of the goals and objectives for stabilizing conflict-affected areas, reducing fragility, and preventing the spread of extremism and violence in each such country. (4) Descriptions of how and when the relevant goals, objectives, plans, and benchmarks for each such country or region will be incorporated into relevant United States country or regional plans and strategies, including the National Security Strategy of the United States, the Stabilization Assistance Review, Department of State Integrated Country Strategies, USAID Country Development Cooperation Strategies, and Department of Defense Campaign Plans, Operational Plans, and Regional Strategies, as well as any equivalent or successor plans or strategies. (5) Interagency plans to ensure that appropriate local actors, including government and civil society entities, have an appropriate ownership stake in developing, implementing, monitoring, and evaluating relevant activities under each such plan. (6) Interagency plans to integrate existing and planned security assistance and cooperation programs in each such country or region with the strategy, and to mitigate risks associated with such programs, including risks related to corruption, governance, and human rights. (7) Assessment, monitoring, and evaluation frameworks for diplomatic, development, and security assistance and activities,

which shall be informed by consultations with the stakeholders specified in section 504(b), with clear metrics for each such country or region, as well as interagency plans for using such frameworks to adapt such activities on a regular basis. (8) Descriptions of available policy tools and how such tools will be used to reduce fragility, prevent the spread of extremism and violence, and stabilize conflict-affected areas in each such country or region. (9) A description of how planning and implementation of assistance under the Global Fragility Strategy for each such country or region will be coordinated in a manner that strengthens partnerships and leverages the unique expertise and resources of the United States Government and-- (A) governments of such countries; (B) international development organizations; (C) relevant international donors; (D) multilateral organizations; and (E) the private sector. (10) A regional component outlining plans to address relevant transnational issues and how each such country is affected by or at risk of regional fragility or violence. (11) When a region is selected, a component outlining plans to address factors at the individual country level that affect regional fragility or violence.

The President, in coordination with the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Defense, the heads of other relevant Federal departments and agencies, relevant United States ambassadors, USAID mission directors, geographic combatant commanders, and other relevant individuals with responsibility over activities in each priority country or region selected pursuant to section 505, shall ensure that-- (1) the Global Fragility Strategy required under section 504, including each of the country plans developed under section 506, is implemented, updated, and coordinated on a regular basis; and (2) the strategy is used to guide United States Government policy at a senior level and incorporated into relevant strategies and plans across the United States Government such that the activities of all relevant Federal departments and agencies are consistent with the strategy.

CONGRESSIONAL CONSULTATION.

(a) Biennial Reports.--Not later than two years after the submission of the plans required in section 506, and every two years thereafter until the date that is ten years after the date of submission of such plans, the President, the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Defense, and the heads of other relevant Federal departments and agencies shall jointly submit to the appropriate congressional committees an unclassified report, which may include a classified annex, on progress made and lessons learned with respect to implementation of the Global Fragility Strategy established pursuant to section 504. The report shall include the following elements:

(1) Descriptions of steps taken to incorporate the strategy into any relevant, existing country and regional plans or strategies. (2) Accountings of all funding received and obligated to implement each such country and regional plan during the previous two years, and, to the extent feasible, projections of funding to be requested, planned, and implemented for the following two years. (3) Descriptions of progress made towards achieving specific targets, metrics, and indicators for each priority country and region. (4) Descriptions of any changes made to programs based on the results of assessment, monitoring, and evaluation for each priority country and region.

(b) Congressional Consultation.--The Secretary of State, the Administrator of the United States Agency for International Development, and the Secretary of Defense shall provide to any appropriate congressional committee briefings on the implementation of this title upon the request of any such committee.

(a) Prevention and Stabilization Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund, which shall be known as the ``Prevention and Stabilization Fund'' (in this subsection referred to as ``The Fund''), to be administered by the Department of State and USAID, as appropriate, to support stabilization of conflict-affected areas and to mitigate fragility, including through the Global Fragility Strategy established pursuant to section 504, which shall replace the Relief and Recovery Fund. (2) Authorization of appropriations.--There is authorized to be appropriated to the Fund $200,000,000 for each of the fiscal years 2020 through 2024. (3) Purposes of the fund.-- (A) In general.--Amounts authorized to be appropriated to the Fund shall be used-- (i) to support stabilization of conflict- affected areas and prevent global fragility, including through the Global Fragility Strategy established pursuant to section 504; and (ii) to provide assistance to areas liberated or at risk from, or under the control of, the Islamic State of Iraq and Syria, other terrorist organizations, or violent extremist organizations, including for stabilization assistance for vulnerable ethnic and religious minority communities affected by conflict. (B) Amounts in addition.--Amounts authorized to be appropriated to the Fund under this section are in addition to any funds otherwise made available for the purposes described in paragraph (1). (4) Congressional notification.-- Funds may not be obligated under this section unless the congressional committees specified in section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) are notified of the amount and nature of such proposed obligation at least 15 days in advance of such proposed obligation, in accordance with the procedures

applicable to notifications regarding reprogrammings pursuant to such section.

(b) Complex Crisis Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund, which shall be known as the ``Complex Crises Fund'' (in this subsection referred to as the ``Fund''), to be administered by USAID, to support programs and activities to prevent or respond to emerging or unforeseen events overseas, including to support the Global Fragility Strategy established pursuant to section 504. (2) Authorization of appropriations.--There is authorized to be appropriated to the Fund $30,000,000 for each of the fiscal years 2020 through 2024, which shall remain available until expended. (3) Purposes of the fund.-- (A) In general.--Notwithstanding any other provision of law, except section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d), amounts in the Fund may be used to carry out the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support programs and activities to prevent or respond to emerging or unforeseen foreign challenges and complex crises overseas, including through the Global Fragility Strategy established pursuant to section 504. (B) Amounts in addition.--Amounts authorized to be appropriated to the Fund are in addition to any amounts otherwise made available for the purposes described in subparagraph (A). (4) Limitations.-- (A) In general.--Amounts in the Fund may not be expended for lethal assistance or to respond to natural disasters. (B) Administrative expenses.--Not more than five percent of the amounts in the Fund may be used for administrative expenses. (5) Congressional notification.--The United States Agency for International Development shall notify the appropriate congressional committees not less than five days prior to the obligation of amounts in the Fund. (6) Waiver.--The notification requirement under paragraph (5) may be waived if-- (A) notification by the deadline specified in such paragraph would pose a substantial risk to human health or welfare; and (B) the appropriate congressional committees-- (i) are notified as early as practicable but in no event later than three days after an obligation of amounts from the Fund; and (ii) are provided with an explanation of the emergency circumstances that necessitated such waiver.

ASSISTANCE FOR THE GLOBAL FRAGILITY STRATEGY.

(a) Sense of Congress.--It is the sense of Congress that the President, the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary

of Defense, and the heads of other relevant Federal departments and agencies should-- (1) develop more adaptive and responsive policy and program planning, implementation, and scaling under the Global Fragility Strategy established pursuant to section 504, and work with the appropriate congressional committees to identify any legislative changes that may be necessary to support such efforts; (2) better integrate the strategy and other conflict and violence reduction objectives and activities into other policy and program areas, where appropriate; and (3) support transparent and accountable multilateral funds, initiatives, and strategies to enhance and better coordinate private and public efforts to stabilize conflict-affected areas and prevent violence and fragility globally.

(b) Other Funding and Cost Matching.--The Global Fragility Strategy established pursuant to section 504-- (1) may, after consultation with the appropriate congressional committees, be supported with funds other than funds authorized to be appropriated pursuant to section 509; and (2) shall seek to leverage funds from sources other than the United States Government in order to promote coordination and cost-matching to the maximum extent practicable.

(c) Multi-donor Global Fragility Fund.-- (1) Authority.--Pursuant to sections 607 and 632 of the Foreign Assistance Act of 1961 (22 U.S.C. 2357 and 2392), and consistent with subsection (b), and after consultation with the appropriate congressional committees, the Secretary of State is authorized to establish funding mechanisms, to include the establishment of a Global Fragility Fund, to leverage, receive, coordinate, and program funds provided by other donors and private sector partners to carry out the purposes of this title. (2) Purposes.--A funding mechanism established pursuant to paragraph (1) should-- (A) include input from and participation by key bilateral and multilateral donors, representatives of civil society, relevant nongovernmental organizations and private sector entities, and developing countries where fragility threatens to exacerbate violent extremism and undermine development; (B) enhance donor coordination and cooperation; (C) advance clearly defined goals, objectives, and metrics for monitoring, evaluating, and measuring progress; and (D) focus on strengthening national and local good governance and conflict resolution capacity in fragile and conflict-affected areas over the long-term through comprehensive, compact-based agreements that support country-led strategies. (3) Congressional notification.-- Funds may not be obligated under this section except in consultation with the appropriate congressional committees and subject to the notification of such committees of the amount and proposed uses of such funds at least 15 days in advance of such proposed obligation.

Nothing in this title shall be construed as a declaration of war or an authorization for the use of military force.

This title may be cited as the ``Rescuing Animals With Rewards Act of 2019'' or the ``RAWR Act''.

FINDINGS; SENSE OF CONGRESS.

(a) Findings.--Congress finds the following: (1) Wildlife trafficking is a major transnational crime that is estimated to generate over $10 billion a year in illegal profits and which is increasingly perpetrated by organized, sophisticated criminal enterprises, including known terrorist organizations. (2) Wildlife trafficking not only threatens endangered species worldwide, but also jeopardizes local security, spreads disease, undermines rule of law, fuels corruption, and damages economic development. (3) Combating wildlife trafficking requires a coordinated and sustained approach at the global, regional, national, and local levels. (4) Congress stated in the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 that it is the policy of the United States to take immediate actions to stop the illegal global trade in wildlife and wildlife products and associated transnational organized crime.

(b) Sense of Congress.--It is the sense of Congress that the Department of State's rewards program is a powerful tool in combating sophisticated international crime and that the Department of State and Federal law enforcement should work in concert to offer rewards that target wildlife traffickers.

Subparagraph (B) of section 36(k)(5) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)(5)) is amended by inserting ``wildlife trafficking (as defined by section 2(12) of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601(12); Public Law 114-231)) and'' after ``includes''.

This title may be cited as the ``Championing American Business Through Diplomacy Act of 2019''.

Congress makes the following findings: (1) According to the 2017 National Security Strategy of the United States of America, ``Retaining our position as the

world's preeminent economic actor strengthens our ability to use the tools of economic diplomacy for the good of Americans and others.''. (2) A November 7, 2018, cable from Secretary of State Michael R. Pompeo to all diplomatic and consular posts-- ``Boosting Commercial Diplomacy Around the World''--stated that ``helping American companies is a foreign policy priority...Promoting broad-based, responsible, and sustainable economic growth helps to stabilize regions and creates new and growing markets for U.S. companies. A transparent and level playing field for U.S. investment in these countries counters real and growing challenges such as China's Belt and Road initiative.''. (3) In the January-February 2019 issue of The Foreign Service Journal, Ambassador Barbara Stephenson, the President of the American Foreign Service Association, wrote, ``Foreign Service support for American business...is a major reason why the U.S. Foreign Service was created.''.

Subsection (c) of section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: ``(3) Assistant secretary for economic and business matters.-- ``(A) In general.--Subject to the numerical limitation specified in paragraph (1), there is authorized to be established in the Department of State an Assistant Secretary of State who shall be responsible to the Secretary of State for matters pertaining to international economics and business matters in the conduct of foreign policy. ``(B) Matters contemplated.--The matters referred to in subparagraph (A) include the following: ``(i) International trade and investment policy. ``(ii) International finance, economic development, and debt policy. ``(iii) Economic sanctions and combating terrorist financing. ``(iv) International transportation policy. ``(v) Support for United States businesses. ``(vi) Economic policy analysis and private sector outreach. ``(vii) International data privacy and innovation policies. ``(viii) Such other related duties as the Secretary may from time to time designate.''.

Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is amended by adding at the end the following new subsection: ``(d) Promotion of United States Economic Interests.--Each chief of mission to a foreign country shall have as a principal duty the promotion of United States economic and commercial interests in such country.''.

Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended by adding at the end the following new subsection: ``(d) Economic and Commercial Diplomacy.--The Secretary of State, with the assistance of other relevant officials and the private sector, shall establish as part of the standard training provided for economic and commercial officers of the Foreign Service, chiefs of mission, and deputy chiefs of mission, training on matters related to economic and commercial diplomacy, with particular attention to market access and other elements of an enabling framework for United States businesses, commercial advocacy, and United States foreign economic policy, in addition to awareness about the support of the United States Government available to United States businesses, including support provided by the Department of Agriculture, the Department of Commerce, the Export-Import Bank of the United States, the Millennium Challenge Corporation, the Trade and Development Agency, the Department of the Treasury, the United States Agency for International Development, and the United States International Development Finance Corporation.''.

MATTERS OF COMMERCIAL RELATIONS.

(a) In General.--Not later than 1 year after the date of the enactment of this Act and annually thereafter, the chief of mission at each bilateral diplomatic mission of the United States and the Director of the American Institute in Taiwan shall submit to the Secretary of State mission plans that include the following: (1) Data and other information regarding actions taken by each such mission or Institute during the previous year to foster commercial relations and safeguard United States economic and business interests in the country or region in which each such chief of mission and the Director serves. (2) Each such mission's and Institute's anticipated economic and commercial priorities for the coming year.

(b) Report to Congress.--The Secretary of State, after receiving the information required under subsection (a), shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report, disaggregated by country or region, on activities and initiatives, including with appropriate examples, to create an enabling environment and otherwise promote United States economic and business interests in each such country or region, as well as information about significant foreign competition to United States businesses in the relevant country or region, including state- directed investments by foreign governments and United States strategic competitors in such country or region.

INVESTMENT CLIMATE STATEMENT AND COUNTRY COMMERCIAL GUIDE.

(a) In General.--The Secretary of State and the Secretary of Commerce shall jointly produce and make publicly available on a United States Government internet website an annual country- and region-specific report regarding commercial relations with foreign countries and regions and safeguarding United States economic and business interests abroad, including with regard to United

States exports and investments, including by small- and medium-size enterprises.

(b) Matters To Be Included.--Each report required under subsection (a) shall include the following with respect to each country or region covered by each such report: (1) Information about doing business in each country or region. (2) Background information about each country's or region's political environment. (3) Information about selling United States products and services in each country or region. (4) Leading sectors for United States exports and investment in each country or region. (5) Information about trade regulations, customs, and standards in each country or region, such as-- (A) information on import tariffs; and (B) documentation about which United States businesses should be aware when exporting, including any prohibited items or temporary entry procedures. (6) Investment climate statements describing each country's or region's openness to foreign investments, such as information relating to each country's or region's-- (A) investment policies; (B) market barriers; (C) business risks; (D) legal and regulatory system, including dispute resolution; (E) level of public and private sector corruption; (F) level of political violence and instability; (G) adherence to internationally recognized core labor standards; and (H) protection of property rights. (7) Information about trade and project financing in each country or region, such as each country's or region's-- (A) banking and financial system, and how United States businesses typically get paid; (B) foreign exchange controls; and (C) important sources of funding for project financing. (8) Relevant business travel information and business customs in each country or region. (9) Information about services and personnel of the diplomatic mission of the United States available to United States businesses to support their activities in each country or region. (10) Any significant trade or commercial agreement that exists between the United States and each country or region. (11) A point of contact at the diplomatic or consular mission of the United States in each country or region for United States businesses.

(c) Rule of Construction.--Nothing in this section may be construed to require the duplication of existing reports.

AND CONSULTATION TO SUPPORT UNITED STATES ECONOMIC AND BUSINESS INTERESTS.

(a) In General.--The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Secretary of Commerce, the Secretary of the

Treasury, and the United States Trade Representative, shall have primary responsibility for coordinating a whole-of-government effort to expand United States efforts in supporting United States economic and business interests abroad. The Secretary may delegate responsibilities under this Act to a senior, Senate-confirmed Department of State official. (b) Responsibilities.--The Secretary shall-- (1) chair the interagency coordinating committee established under subsection (c); (2) develop and implement the joint strategic plan required under subsection (c)(4) for all United States trade-related and trade capacity building and related technical assistance programs, in consultation with the coordinating committee established under subsection (c); (3) advise the Federal departments and agencies designated by the President to participate in the interagency coordinating committee under this section in identifying the most needed and effective ways for United States diplomatic and consular posts and the departments and agencies that staff such posts to support the expansion of United States trade relations with host governments; (4) consult with the private sector in the development of government-wide trade expansion efforts, including establishing a point of contact and lead office within the Department of State to receive private-sector recommendations and comments concerning trade capacity assistance, coordination, consultations, and country-specific issues; (5) consult with the Office of Management and Budget regarding the administrative and human resources needs that may be required to implement the provisions of this title; and (6) brief Congress on trade capacity building programs and make recommendations, as appropriate, to Congress for improvements in trade capacity building efforts.

(c) Economic Diplomacy Action Group.-- (1) Establishment.--The President shall establish an interagency coordinating committee, to be known as the ``Economic Diplomacy Action Group'', to coordinate and carry out the purposes of this section. (2) Leadership.--The Group shall be chaired by the Secretary of State and the vice-chairs shall be the United States Trade Representative and the Secretary of Commerce. The Secretaries and the United States Trade Representative may delegate responsibilities under this Act to appropriate, senior, Senate- confirmed officials. (3) Membership.--The President may appoint to the Group senior officials from the United States Agency for International Development, the Department of Agriculture, the Department of the Treasury, the Export-Import Bank, the United States Development Finance Corporation, and any such other relevant executive branch department or agency as the President determines to be substantially involved in trade capacity building and related assistance efforts in developing countries. (4) Development of joint strategic plan.--The Group shall develop a joint strategic plan for all United States capacity building and technical assistance programs.

(d) Diplomacy Trade Expansion Advisory Committee.--

(1) Establishment of teac.--The Chair and Vice-Chairs of the Economic Diplomacy Action Group shall establish a trade expansion advisory committee with selected representatives of the United States private sector and other organizations, including labor organizations, with direct and relevant operational experience in importing from and exporting into developing countries, as appropriate, to provide comment and advice on priorities for trade expansion initiatives. The Chair and Vice-Chairs of the Group may also appoint representatives from select non-profit organizations to the advisory committee if such representatives can demonstrate both a presence in and relevant operational or programmatic experience with trade capacity building efforts in developing countries. (2) Meetings.--The trade expansion advisory committee shall convene at least twice annually or more often as necessary at the call of the Chair and Vice-Chairs of the Group. (3) Strategic planning advice.--The trade expansion advisory committee shall advise the Chair and Vice-Chairs of the Group on ways that embassies can better support the United States private sector abroad, including assisting the Chair and Vice-Chairs-- (A) in soliciting private-sector advice; (B) with respect to implementation of strategic planning; and (C) in advancing the overall mission and goals of United States national security.

COORDINATION.

(a) Consultation With Private Sector by Embassy.--In developing the priorities for trade expansion initiatives described in section 708(d), embassy mission teams shall convene local representatives of the United States private sector and the private sector of host countries to consult on issues affecting trade at the borders of such countries and take into account the private sector's operational expertise and experience confronting the trade barriers in such countries as well as its recommendations for reform and best practices. (b) Inclusion of Private-sector Comments in Mission Plans.-- Written comments from local United States private sector representatives shall be included in the trade expansion component of mission plans submitted by the chief of mission to the Secretary of State, with recommendations and comments from the mission team, for the purpose of informing the development of the joint strategic plan on trade expansion priorities required pursuant to section 708(c)(4) and recommended funding for the implementation of such plan.

(c) Designated Embassy Point of Contact for Private Sector Consultation.--Each chief of mission shall designate an appropriate point of contact within the embassy who shall receive recommendations from appropriate private sector representatives regarding the implementation of the strategic plan required under section 708(c)(4) and ongoing trade barriers negatively impacting priority trade expansion. The chief of mission shall ensure that the designated point of contact shall be reasonably available for consultations with appropriate private sector representatives and to receive recommendations with respect to country-specific issues that may arise that will foreseeably disrupt trade.

(d) Requirement to Protect Business Confidential Information.-- (1) In general.--The Secretary of State, Secretary of Commerce, and United States Trade Representative as well as the heads of all other agencies involved in the Economic Diplomacy Action Group established under section 708(c) shall protect from disclosure any proprietary information submitted by any private sector representative and marked as ``business confidential information'', unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the head of any such department or agency, or such party subsequently consents to the release of the information. To the extent business confidential information is provided, a non-confidential version of the information shall also be provided, in which the business confidential information is summarized or, if necessary, deleted. (2) Treatment as trade secrets.--Proprietary information submitted by a private party in accordance with this Act shall be considered to be a matter falling within the meaning of trade secrets and commercial or financial information exemption under section 552(b)(4) of title 5, United States Code, and shall be exempt from disclosure without the express approval of the private party.

STATES GOVERNMENT TOOLS AND SERVICES TO SUPPORT UNITED STATES BUSINESSES OVERSEAS.

The Secretary of State and the Secretary of Commerce shall take actions to improve the awareness of United States businesses with respect to United States Government tools and services to assist such businesses overseas, especially small and medium-sized enterprises, including by coordinating with State trade agencies, Export Assistance Centers, and Small Businesses Development Centers.

(a) In General.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on United States economic and commercial diplomacy. (b) Matters To Be Included.--The report required under subsection (a) shall include an assessment of the following: (1) What is known about the effectiveness of United States economic and commercial diplomacy in influencing foreign governments and supporting United States businesses abroad. (2) Coordination between the Department of State and the Department of Commerce with respect to United States economic and commercial diplomacy. (3) The effectiveness of training provided pursuant to subsection (d) of section 708 of the Foreign Service Act of 1980 (as added by section 705 of this title) on matters relating to economic and commercial diplomacy. (4) The status and effectiveness of actions taken by the Secretary of State under section 710 of this title regarding

commercial relations with foreign countries and regions and safeguarding United States economic and business interests abroad. (5) The status of the U.S. Commercial Service of the Department of Commerce and its effectiveness in advancing the economic and business interests of the United States abroad. (6) The status of the Foreign Service economics officers and their effectiveness in advancing the economic and business interests of the United States abroad. (7) Recommendations to improve United States economic and commercial diplomacy.

This title may be cited as the ``United States Commission on International Religious Freedom Reauthorization Act of 2019''.

Section 209 of the International Religious Freedom Act of 1998 (22 U.S.C. 6436) is amended by striking ``2019'' and inserting ``2022''.

Section 201 of the International Religious Freedom Act of 1998 (22 U.S.C. 6431) is amended-- (1) in subsection (b)(2)-- (A) by striking ``(A) In general.--''; and (B) by striking subparagraph (B); (2) by amending subsection (d) to read as follows:

``(d) Election of Chair and Vice Chair.--At the first meeting of the Commission after May 30 of each year, a majority of the members of the Commission who are present and voting shall elect a Chair and a Vice Chair. The Vice Chair shall have been appointed by an officeholder from a different political party than the officeholder who appointed the member of the Commission who was elected Chair. The positions of Chair and Vice Chair shall be rotated annually between members who were appointed to the Commission by officeholders of different political parties.''; (3) in subsection (f), by striking ``Country Report on Human Rights Practices'' and inserting ``International Religious Freedom Report''; and (4) by adding at the end the following:

``(j) Removal.--If a payment is made under section 415(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) for an award or settlement in connection with a claim alleging a violation of unlawful harassment, intimidation, reprisal, or discrimination under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) that was committed personally by an individual who, at the time of committing the violation, was a Member of the Commission, the Member shall be removed from the Commission.''.

(a) Duties.--Section 202(e) of the International Religious Freedom Act of 1998 (22 U.S.C. 6432) is amended-- (1) by striking ``The Commission'' and inserting the following: ``(1) In general.--The Commission''; and (2) by adding at the end the following: ``(2) Tracking; review.--The Commission shall regularly-- ``(A) track the implementation by the United States Government of the recommendations it makes under paragraph (1); and ``(B) review, to the extent practicable, the effectiveness of such implemented recommendations in advancing religious freedom internationally.''.

(b) Powers.--Section 203(e) of the International Religious Freedom Act of 1998 (22 U.S.C. 6432a(e)) is amended by adding at the end the following: ``If a Member of the Commission is invited to speak at an event in his or her capacity as a Commissioner, the Member shall provide notice of the request to all Commissioners and the Executive Director as soon as the Commissioner becomes aware of such invitation. Speeches and responses to questions at official events shall reflect the views of the Commission. Official speeches and other prepared materials shall be made available to all Commissioners in advance of the event. If a Commissioner is speaking in his or her private capacity, he or she shall include qualifying language that the views they are representing are his or her own views and not the views of the Commission.''.

(a) In General.--Section 204 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432b) is amended-- (1) in subsection (b)-- (A) by striking ``fix the compensation of the Executive Director and other personnel'' and inserting ``provide reasonable compensation to the Executive Director''; (B) by striking ``and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316'' and inserting ``may not exceed the rate payable under level II of the Executive Schedule under section 5313''; and (C) by adding at the end the following: ``The rate of pay for other personnel of the Commission may not exceed the rate payable for level IV of the Executive Schedule under section 5315 of such title. All employees of the Commission shall otherwise be treated as employees whose pay is disbursed by the Secretary of the Senate, including for purposes of applying the Standing Rules of the Senate. The Commission shall be treated as an employing office of the Senate.''; (2) in subsection (f), by striking ``the commission, for the executive director'' and inserting ``the Commission, for the Executive Director''; and (3) by striking subsection (g).

(b) Coverage of Commission Employees.--Section 101(b) of the Congressional Accountability Act (2 U.S.C. 1301(b)) is amended--

(1) in paragraph (1), by inserting ``the United States Commission on International Religious Freedom,'' after ``With respect to''; (2) in paragraph (2)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (B) by inserting ``(A)'' before ``Subject to paragraph (3),''; and (C) by adding at the end the following: ``(B) Legal assistance and representation under this chapter, including assistance and representation with respect to the proposal or acceptance of the disposition of a claim under this chapter, shall be provided to the United States Commission on International Religious Freedom by the Office of Senate Chief Counsel for Employment of the Senate, in the case of assistance and representation in connection with a claim filed under subchapter IV (including all subsequent proceedings under such subchapter in connection with such claim).''; and (3) in paragraph (3)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) the term `United States Commission on International Religious Freedom' means the Commission established under section 201 of the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.).''.

(a) Duties.--Section 201(i) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(i)) is amended by striking ``are subject to'' and inserting ``shall comply with''. (b) Powers.--Section 203(f) of the International Religious Freedom Act of 1998 (22 U.S.C. 6432a(f)) is amended-- (1) by striking ``The Members of the Commission'' and inserting the following: ``(1) In general.--The Members of the Commission''; and (2) by adding at the end the following: ``(2) Prohibition against payment of official travel by non- federal sources.--Members of the Commission and Commission staff may not accept payment from a non-Federal source for expenses related to official travel on behalf of the Commission.''.

(c) Annual Disclosures.--Section 203 of the International Religious Freedom Act of 1998, as amended by subsection (b), is further amended by adding at the end the following: ``(g) Annual Disclosures.--Not later than March 1 of each year, each Member of the Commission shall submit a report to the appropriate congressional committees (as defined in section 4(a) of the United States Commission on International Religious Freedom Reauthorization Act of 2015 (22 U.S.C. 6433a(a)) with respect to the most recently concluded 12-month period, that discloses any travel by the Member outside of the United States that was paid for or reimbursed by a person or entity other than the Member, a relative of the Member, or the Federal Government, including--

``(1) who paid for or reimbursed the travel; ``(2) a good faith estimate of the cost of the travel, if the travel was funded by a person or entity that does not employ the Member; and ``(3) brief details of the travel and events related to such travel.''.

Section 4(d) of the United States Commission on International Religious Freedom Reauthorization Act of 2015 (22 U.S.C. 6433a(d)) is amended by striking ``Not later than 180 days after the date of the enactment of the Act, and not less frequently than biennially thereafter'' and inserting ``Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter''.

Section 207(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6435(a)) is amended by striking ``2016 to 2019'' and inserting ``2019 through 2022''.

Section 208 of the International Religious Freedom Act of 1998 (22 U.S.C. 6435a) is amended by adding at the end the following: ``(f) Commission Records.--The Commission shall comply with all of the records management requirements set forth in chapter 31 of title 44, United States Code (commonly referred to as the `Federal Records Act of 1950'). ``(g) Official Email for Commission Business.--When conducting any Commission business on electronic accounts, Commission Members and staff shall use official Commission electronic accounts.''.

MONTHLY WORKERS' COMPENSATION PAYMENTS AND OTHER PAYMENTS FOR DEPARTMENT OF STATE PERSONNEL UNDER CHIEF OF MISSION AUTHORITY.

(a) Adjustment of Compensation for Certain Injuries.-- (1) Increase.--The Secretary of State may pay an additional monthly monetary benefit, provided that the covered employee is receiving benefits under section 8105 or 8106 of title 5, United States Code, and may determine the amount of each monthly monetary benefit amount by taking into account-- (A) the severity of the qualifying injury; (B) the circumstances by which the covered employee became injured; and (C) the seniority of the covered employee, particularly for purposes of compensating for lost career growth. (2) Maximum.--Notwithstanding chapter 81 of title 5, United States Code, the total amount of monthly compensation increased under paragraph (1) may not exceed the monthly pay of the maximum rate of basic pay for GS-15 of the General Schedule under section 5332 of such title.

(b) Costs for Treating Qualifying Injuries.--The Secretary of State may pay the costs of or reimburse for diagnosing and treating-- (1) a qualifying injury of a covered employee for such costs, that are not otherwise covered by chapter 81 of title 5, United States Code, or other provision of Federal law; or (2) a covered individual, or a covered dependent, for such costs that are not otherwise covered by Federal law.

(c) Information Exchange.--To avoid duplicate or otherwise improper payments under this subsection, the Secretary of Labor and the Secretary of State shall exchange information about the amounts paid for treatment of qualifying injuries. (d) Regulations.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall-- (1) prescribe regulations ensuring the fair and equitable implementation of this section; and (2) submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives such regulations.

(e) Definitions.--In this section: (1) Covered dependent.--The term ``covered dependent'' means a family member (as defined by the Secretary of State) of a employee who, on or after January 1, 2016-- (A) accompanies the employee to an assigned duty station in a foreign country under chief of mission authority; and (B) becomes injured by reason of a qualifying injury. (2) Covered employee.--The term ``covered employee'' means an employee of the Department of State who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and was assigned to a duty station in the Republic of Cuba, the People's Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f). (3) Covered individual.--The term ``covered individual'' means an individual who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and is-- (A) detailed to a duty station in the Republic of Cuba, the People's Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f); or (B) affiliated with the Department of State, as determined by the Secretary of State. (4) Qualifying injury.--The term ``qualifying injury'' means the following: (A) With respect to a covered dependent, an injury incurred-- (i) during a period in which the covered dependent is accompanying an employee to an assigned duty station in the Republic of Cuba, the People's Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f); (ii) in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; and (iii) that was not the result of the willful misconduct of the covered dependent.

(B) With respect to a covered employee or a covered individual, an injury incurred-- (i) during a period of assignment to a duty station in the Republic of Cuba, the People's Republic of China, or another country designated by the Secretary of State pursuant to subsection (f); (ii) in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; and (iii) that was not the result of the willful misconduct of the covered employee or the covered individual.

(f) Designation by the Secretary of State of Another Foreign Country or Duty Station.--The Secretary of State may designate another foreign country for the purposes of this section, provided that the Secretary reports such designation to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, and includes in such report a rationale for each such designation. The Secretary of State may not designate an added foreign country or duty station for purposes of providing additional monetary benefit pursuant to subsection (a) or (b) for a qualifying injury to covered employees, covered dependents, or covered individuals under this section unless the Secretary of State-- (1) provides to the Committees on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives 30 days' notice of the designation of a particular additional country or duty station and the rationale for such addition; and (2) provides no such additional monetary benefit pursuant to subsection (a) or (b) to covered employees, covered dependents, or covered individuals for a qualifying injury until the 30-day notice period expires, unless there is written agreement by both the Chair and Ranking Members of both the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that there is no objection to proceeding with provision of such monetary benefit compensation in less than 30 days.

(g) Treatment of Amounts.--For purposes of section 104 of the Internal Revenue Code of 1986, amounts paid pursuant to this section shall be treated as amounts described in subsection (a)(5) of such section. (h) Application.-- (1) In general.--This section shall apply with respect to-- (A) payments made to covered employees (as defined in such section) under section 8105 or 8106 of title 5, United States Code, beginning on or after January 1, 2016; and (B) diagnosis or treatment described in subsection (b) occurring on or after January 1, 2016. (2) Rule of construction.--Nothing in this section shall modify or otherwise supersede chapter 81 of title 5, or chapter 11 of title 42 United States Code. Monetary benefits and treatment expenses paid under this section shall not be considered payments under any workers' compensation law.

INFORMATION RELATED TO CERTAIN ACTIONS BY SAUDI ARABIAN OFFICIALS.

Not later than 30 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation, in coordination with the Director of National Intelligence, shall declassify, with any redactions necessary to protect intelligence sources and methods, any and all information related to whether the Government of Saudi Arabia materially assisted or facilitated any citizen or national of Saudi Arabia in departing from the United States while the citizen or national was awaiting trial or sentencing for a criminal offense committed in the United States.

<<NOTE: Promoting Security and Justice for Victims of Terrorism Act of 2019. 18 USC 2333 note. Deadlines.>> PROMOTING SECURITY AND JUSTICE FOR VICTIMS OF TERRORISM.

(a) Short Title.--This section may be cited as the Promoting Security and Justice for Victims of Terrorism Act of 2019. (b) Facilitation of the Settlement of Terrorism-related Claims of Nationals of the United States.-- (1) Comprehensive process to facilitate the resolution of anti-terrorism act claims.--The Secretary of State, in consultation with the Attorney General, shall, not later than 30 days after the date of enactment of this Act, develop and initiate a comprehensive process for the Department of State to facilitate the resolution and settlement of covered claims. (2) Elements of comprehensive process.--The comprehensive process developed under paragraph (1) shall include, at a minimum, the following: (A) <<NOTE: Federal Register, publication. Notice.>> Not later than 45 days after the date of enactment of this Act, the Department of State shall publish a notice in the Federal Register identifying the method by which a national of the United States, or a representative of a national of the United States, who has a covered claim, may contact the Department of State to give notice of the covered claim. (B) Not later than 120 days after the date of enactment of this Act, the Secretary of State, or a designee of the Secretary, shall meet (and make every effort to continue to meet on a regular basis thereafter) with any national of the United States, or a representative of a national of the United States, who has a covered claim and has informed the Department of State of the covered claim using the method established pursuant to subparagraph (A) to discuss the status of the covered claim, including the status of any settlement discussions with the Palestinian Authority or the Palestine Liberation Organization. (C) Not later than 180 days after the date of enactment of this Act, the Secretary of State, or a designee of the Secretary, shall make every effort to meet (and make every effort to continue to meet on a regular basis thereafter) with representatives of the Palestinian Authority and the Palestine Liberation Organization to discuss the covered claims identified pursuant to subparagraph (A) and potential settlement of the covered claims. (3) Report to congress.--The Secretary of State shall, not later than 240 days after the date of enactment of this

Act, and annually thereafter for 5 years, submit to the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives a report describing activities that the Department of State has undertaken to comply with this subsection, including specific updates regarding subparagraphs (B) and (C) of paragraph (2). (4) Sense of congress.--It is the sense of Congress that-- (A) covered claims should be resolved in a manner that provides just compensation to the victims; (B) covered claims should be resolved and settled in favor of the victim to the fullest extent possible and without subjecting victims to unnecessary or protracted litigation; (C) the United States Government should take all practicable steps to facilitate the resolution and settlement of all covered claims, including engaging directly with the victims or their representatives and the Palestinian Authority and the Palestine Liberation Organization; and (D) the United States Government should strongly urge the Palestinian Authority and the Palestine Liberation Organization to commit to good-faith negotiations to resolve and settle all covered claims. (5) Definition.--In this subsection, the term ``covered claim'' means any pending action by, or final judgment in favor of, a national of the United States, or any action by a national of the United States dismissed for lack of personal jurisdiction, under section 2333 of title 18, United States Code, against the Palestinian Authority or the Palestine Liberation Organization.

(c) Jurisdictional Amendments to Facilitate Resolution of Terrorism- related Claims of Nationals of the United States.-- (1) In general.--Section 2334(e) of title 18, United States Code, is amended-- (A) by striking paragraph (1) and inserting the following: ``(1) In general.--Except as provided in paragraph (2), for purposes of any civil action under section 2333 of this title, a defendant shall be deemed to have consented to personal jurisdiction in such civil action if, regardless of the date of the occurrence of the act of international terrorism upon which such civil action was filed, the defendant-- ``(A) after the date that is 120 days after the date of the enactment of the Promoting Security and Justice for Victims of Terrorism Act of 2019, makes any payment, directly or indirectly-- ``(i) to any payee designated by any individual who, after being fairly tried or pleading guilty, has been imprisoned for committing any act of terrorism that injured or killed a national of the United States, if such payment is made by reason of such imprisonment; or ``(ii) to any family member of any individual, following such individual's death while committing an act of terrorism that injured or killed a national of

the United States, if such payment is made by reason of the death of such individual; or ``(B) after 15 days after the date of enactment of the Promoting Security and Justice for Victims of Terrorism Act of 2019-- ``(i) continues to maintain any office, headquarters, premises, or other facilities or establishments in the United States; ``(ii) establishes or procures any office, headquarters, premises, or other facilities or establishments in the United States; or ``(iii) conducts any activity while physically present in the United States on behalf of the Palestine Liberation Organization or the Palestinian Authority.''; (B) in paragraph (2), by adding at the end the following: ``Except with respect to payments described in paragraph (1)(A), no court may consider the receipt of any assistance by a nongovernmental organization, whether direct or indirect, as a basis for consent to jurisdiction by a defendant.''; and (C) by adding at the end the following: ``(3) Exception for certain activities and locations.--In determining whether a defendant shall be deemed to have consented to personal jurisdiction under paragraph (1)(B), no court may consider-- ``(A) any office, headquarters, premises, or other facility or establishment used exclusively for the purpose of conducting official business of the United Nations; ``(B) any activity undertaken exclusively for the purpose of conducting official business of the United Nations; ``(C) any activity involving officials of the United States that the Secretary of State determines is in the national interest of the United States if the Secretary reports to the appropriate congressional committees annually on the use of the authority under this subparagraph; ``(D) any activity undertaken exclusively for the purpose of meetings with officials of the United States or other foreign governments, or participation in training and related activities funded or arranged by the United States Government; ``(E) any activity related to legal representation-- ``(i) for matters related to activities described in this paragraph; ``(ii) for the purpose of adjudicating or resolving claims filed in courts of the United States; or ``(iii) to comply with this subsection; or ``(F) any personal or official activities conducted ancillary to activities listed under this paragraph. ``(4) Rule of construction.--Notwithstanding any other law (including any treaty), any office, headquarters, premises, or other facility or establishment within the territory of the United States that is not specifically exempted by paragraph (3)(A) shall be considered to be in the United States for purposes of paragraph (1)(B). ``(5) Defined term.--In this subsection, the term `defendant' means-- ``(A) the Palestinian Authority;

``(B) the Palestine Liberation Organization; ``(C) any organization or other entity that is a successor to or affiliated with the Palestinian Authority or the Palestine Liberation Organization; or ``(D) any organization or other entity that-- ``(i) is identified in subparagraph (A), (B), or (C); and ``(ii) self identifies as, holds itself out to be, or carries out conduct in the name of, the `State of Palestine' or `Palestine' in connection with official business of the United Nations.''. (2) Prior consent not abrogated.--The amendments made by this subsection shall not abrogate any consent deemed to have been given under section 2334(e) of title 18, United States Code, as in effect on the day before the date of enactment of this Act.

(d) Rules of Construction; Applicability; Severability.-- (1) Rules of construction.-- (A) In general.--This section, and the amendments made by this section, should be liberally construed to carry out the purposes of Congress to provide relief for victims of terrorism. (B) Cases against other persons.--Nothing in this section may be construed to affect any law or authority, as in effect on the day before the date of enactment of this Act, relating to a case brought under section 2333(a) of title 18, United States Code, against a person who is not a defendant, as defined in paragraph (5) of section 2334(e) of title 18, United States Code, as added by subsection (c)(1) of this section. (2) Applicability.--This section, and the amendments made by this section, shall apply to any case pending on or after August 30, 2016. (3) Severability.--If any provision of this section, an amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this section, the amendments made by this section, and the application of such provisions to any person or circumstance shall not be affected thereby.

(a) Debt Relief.--(1) Of the funds appropriated under titles III and IV of division G of this Act and under such titles in prior Acts making appropriations for the Department of State, foreign operations, and related programs, not to exceed $35,000,000 may be transferred to the ``Department of the Treasury, Debt Restructuring'' account for the same purposes and under the same authorities and conditions (other than the period of availability) as other funds provided under that heading for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees, as the President may determine, or for the cost of selling, reducing, or cancelling amounts owed to the United States as a result of loans made to Somalia, in the event that Somalia meets the domestic and internationally-agreed conditions and the transfer is consistent with United States law and foreign policy considerations.

(2) For the purposes of this section, no amounts may be transferred from amounts designated for Overseas Contingency Operations/Global War on Terrorism or as emergency requirements pursuant to a concurrent resolution on the budget or section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. (3) Prior to the initial obligation of funds made available pursuant to this section, the Secretary of State shall submit to the appropriate congressional committees a report on the outcome of the Paris Club meeting on debt cancellation for Somalia, the estimate of amounts needed and over what time period, and the proposed sources of funds to be transferred pursuant to this section: Provided, That such funds shall also be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of such committees.

(b) Debt Restructuring.--Section 501(i) of title V of H.R. 3425, as enacted into law by section 1000(a)(5) of Public Law 106-113 (113 Stat. 1501A-313), as most recently amended by section 699H(b)(1) of division J of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2372), is further amended by striking ``2000-2010'' and inserting ``2000-2021''.

(c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

DIVISION K-- <<NOTE: National Law Enforcement Museum Commemorative Coin Act. 31 USC 5112 note.>> NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE COIN

This division may be cited as the ``National Law Enforcement Museum Commemorative Coin Act''.

The Congress finds the following: (1) In 2000, Congress passed and President William J. Clinton signed into law the National Law Enforcement Museum Act (Public Law 106-492), which authorized the National Law Enforcement Officers Memorial Fund, Inc., to build the National Law Enforcement Museum on Federal land in the District of Columbia to honor and commemorate the service and sacrifice of law enforcement officers in the United States. (2) In April 2016, construction began on the National Law Enforcement Museum in the District of Columbia across the street from the National Law Enforcement Officers Memorial in Judiciary Square. (3) The National Law Enforcement Museum formally opened in October of 2018. (4) The National Law Enforcement Museum's mission is-- (A) to honor and commemorate the extraordinary service and sacrifice of America's law enforcement officers;

(B) to serve as an important bridge between law enforcement's past and present, between the heroes of yesteryear and those who have followed in their footsteps, and between America's peace officers and the public they serve; (C) increase public understanding and support for law enforcement and to promote law enforcement safety; and (D) strengthen the relationship between law enforcement and the communities they serve with thought- provoking programs at the Museum and around the country that promote dialogue on topics of current interest.

(a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coin: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code.

(b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.

(a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the National Law Enforcement Museum and the service and sacrifice of law enforcement officers throughout the history of the United States. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2021''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''.

(b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the National Law Enforcement Officers Memorial Fund, Inc.; and (2) reviewed by the Citizens Coinage Advisory Committee.

(a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2021.

(a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 107(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping).

(b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.

(a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin.

(b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Law Enforcement Officers Memorial Fund, Inc., for educational and outreach programs and exhibits. (c) Audits.--The National Law Enforcement Officers Memorial Fund, Inc., shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual two commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and

(2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 107 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

DIVISION L-- <<NOTE: DHS Cyber Hunt and Incident Response Teams Act of 2019.>> DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS

This division may be cited as the ``DHS Cyber Hunt and Incident Response Teams Act of 2019''.

RESPONSE TEAMS.

(a) In General.--Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is amended-- (1) in subsection (d)(1)(B)(iv), by inserting ``, including cybersecurity specialists'' after ``entities''; (2) by redesignating subsections (f) through (m) as subsections (g) through (n), respectively; (3) by inserting after subsection (e) the following:

``(f) Cyber Hunt and Incident Response Teams.-- ``(1) In general.--The Center shall maintain cyber hunt and incident response teams for the purpose of leading Federal asset response activities and providing timely technical assistance to Federal and non-Federal entities, including across all critical infrastructure sectors, regarding actual or potential security incidents, as appropriate and upon request, including-- ``(A) assistance to asset owners and operators in restoring services following a cyber incident; ``(B) identification and analysis of cybersecurity risk and unauthorized cyber activity; ``(C) mitigation strategies to prevent, deter, and protect against cybersecurity risks; ``(D) recommendations to asset owners and operators for improving overall network and control systems security to lower cybersecurity risks, and other recommendations, as appropriate; and ``(E) such other capabilities as the Secretary determines appropriate. ``(2) Associated metrics.--The Center shall-- ``(A) define the goals and desired outcomes for each cyber hunt and incident response team; and ``(B) develop metrics-- ``(i) to measure the effectiveness and efficiency of each cyber hunt and incident response team in achieving the goals and desired outcomes defined under subparagraph (A); and ``(ii) that-- ``(I) are quantifiable and actionable; and ``(II) the Center shall use to improve the effectiveness and accountability of, and service

delivery by, cyber hunt and incident response teams. ``(3) Cybersecurity specialists.--After notice to, and with the approval of, the entity requesting action by or technical assistance from the Center, the Secretary may include cybersecurity specialists from the private sector on a cyber hunt and incident response team.''; and (4) in subsection (g), as so redesignated-- (A) in paragraph (1), by inserting ``, or any team or activity of the Center,'' after ``Center''; and (B) in paragraph (2), by inserting ``, or any team or activity of the Center,'' after ``Center''.

(b) Report.-- (1) Definitions.--In this subsection-- (A) the term ``Center'' means the national cybersecurity and communications integration center established under section 2209(b) of the Homeland Security Act of 2002 (6 U.S.C. 659(b)); (B) the term ``cyber hunt and incident response team'' means a cyber hunt and incident response team maintained under section 2209(f) of the Homeland Security Act of 2002 (6 U.S.C. 659(f)), as added by this Act; and (C) the term ``incident'' has the meaning given the term in section 2209(a) of the Homeland Security Act of 2002 (6 U.S.C. 659(a)). (2) Report.--At the conclusion of each of the first 4 fiscal years after the date of enactment of the DHS Cyber Hunt and Incident Response Teams Act of 2019, the Center shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes-- (A) information relating to the metrics used for evaluation and assessment of the cyber hunt and incident response teams and operations under section 2209(f)(2) of the Homeland Security Act of 2002 (6 U.S.C. 659(f)(2)), as added by this Act, including the resources and staffing of those cyber hunt and incident response teams; and (B) for the period covered by the report-- (i) the total number of incident response requests received; (ii) the number of incident response tickets opened; and (iii) a statement of-- (I) all interagency staffing of cyber hunt and incident response teams; and (II) the interagency collaborations established to support cyber hunt and incident response teams.

(c) No Additional Funds Authorized.--No additional funds are authorized to be appropriated to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated.

DIVISION M-- <<NOTE: Bipartisan American Miners Act of 2019.>> BIPARTISAN AMERICAN MINERS

This division may be cited as the ``Bipartisan American Miners Act of 2019''.

(a) In General.--Subsection (i) of section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended-- (1) in paragraph (3)(A), by striking ``$490,000,000'' and inserting ``$750,000,000''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) Additional amounts.-- ``(A) Calculation.--If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount equal to the difference between such dollar limitation and such aggregate amount to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan. ``(B) Cessation of transfers.--The transfers described in subparagraph (A) shall cease as of the first fiscal year beginning after the first plan year for which the funded percentage (as defined in section 432(j)(2) of the Internal Revenue Code of 1986) of the 1974 UMWA Pension Plan is at least 100 percent. ``(C) Prohibition on benefit increases, etc.--During a fiscal year in which the 1974 UMWA Pension Plan is receiving transfers under subparagraph (A), no amendment of such plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986. ``(D) Critical status to be maintained.--Until such time as the 1974 UMWA Pension Plan ceases to be eligible for the transfers described in subparagraph (A)-- ``(i) the Plan shall be treated as if it were in critical status for purposes of sections 412(b)(3), 432(e)(3), and 4971(g)(1)(A) of the Internal Revenue Code of 1986 and sections 302(b)(3) and 305(e)(3) of the Employee Retirement Income Security Act; ``(ii) the Plan shall maintain and comply with its rehabilitation plan under section 432(e) of such Code and section 305(e) of such Act, including any updates thereto; and ``(iii) the provisions of subsections (c) and (d) of section 432 of such Code and subsections (c) and (d) of section 305 of such Act shall not apply.

``(E) Treatment of transfers for purposes of withdrawal liability under erisa.--The amount of any transfer made under subparagraph (A) (and any earnings attributable thereto) shall be disregarded in determining the unfunded vested benefits of the 1974 UMWA Pension Plan and the allocation of such unfunded vested benefits to an employer for purposes of determining the employer's withdrawal liability under section 4201 of the Employee Retirement Income Security Act of 1974. ``(F) Requirement to maintain contribution rate.--A transfer under subparagraph (A) shall not be made for a fiscal year unless the persons that are obligated to contribute to the 1974 UMWA Pension Plan on the date of the transfer are obligated to make the contributions at rates that are no less than those in effect on the date which is 30 days before the date of enactment of the Bipartisan American Miners Act of 2019. ``(G) Enhanced annual reporting.-- ``(i) In general.--Not later than the 90th day of each plan year beginning after the date of enactment of the Bipartisan American Miners Act of 2019, the trustees of the 1974 UMWA Pension Plan shall file with the Secretary of the Treasury or the Secretary's delegate and the Pension Benefit Guaranty Corporation a report (including appropriate documentation and actuarial certifications from the plan actuary, as required by the Secretary of the Treasury or the Secretary's delegate) that contains-- ``(I) whether the plan is in endangered or critical status under section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 as of the first day of such plan year; ``(II) the funded percentage (as defined in section 432(j)(2) of such Code) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage; ``(III) the market value of the assets of the plan as of the last day of the plan year preceding such plan year; ``(IV) the total value of all contributions made during the plan year preceding such plan year; ``(V) the total value of all benefits paid during the plan year preceding such plan year; ``(VI) cash flow projections for such plan year and either the 6 or 10 succeeding plan years, at the election of the trustees, and the assumptions relied upon in making such projections; ``(VII) funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections; ``(VIII) the total value of all investment gains or losses during the plan year preceding such plan year;

``(IX) any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction; ``(X) a list of employers that withdrew from the plan in the plan year preceding such plan year, and the resulting reduction in contributions; ``(XI) a list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability; ``(XII) any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year; ``(XIII) any scheduled benefit increase or decrease in the plan year preceding such plan year having a material effect on liabilities of the plan; ``(XIV) details regarding any funding improvement plan or rehabilitation plan and updates to such plan; ``(XV) the number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries; ``(XVI) the information contained on the most recent annual funding notice submitted by the plan under section 101(f) of the Employee Retirement Income Security Act of 1974; ``(XVII) the information contained on the most recent Department of Labor Form 5500 of the plan; and ``(XVIII) copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, copies of collective bargaining agreements, and financial reports, and such other information as the Secretary of the Treasury or the Secretary's delegate, in consultation with the Secretary of Labor and the Director of the Pension Benefit Guaranty Corporation, may require. ``(ii) Electronic submission.--The report required under clause (i) shall be submitted electronically. ``(iii) Information sharing.--The Secretary of the Treasury or the Secretary's delegate shall share the information in the report under clause (i) with the Secretary of Labor.

``(iv) Penalty.--Any failure to file the report required under clause (i) on or before the date described in such clause shall be treated as a failure to file a report required to be filed under section 6058(a) of the Internal Revenue Code of 1986, except that section 6652(e) of such Code shall be applied with respect to any such failure by substituting `$100' for `$25'. The preceding sentence shall not apply if the Secretary of the Treasury or the Secretary's delegate determines that reasonable diligence has been exercised by the trustees of such plan in attempting to timely file such report. ``(H) 1974 umwa pension plan defined.--For purposes of this paragraph, the term `1974 UMWA Pension Plan' has the meaning given the term in section 9701(a)(3) of the Internal Revenue Code of 1986, but without regard to the limitation on participation to individuals who retired in 1976 and thereafter.''.

(b) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to fiscal years beginning after September 30, 2016. (2) Reporting requirements.--Section 402(i)(4)(G) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(4)(G)), as added by this section, shall apply to plan years beginning after the date of the enactment of this Act.

Section 402(h)(2)(C) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is amended-- (1) by striking ``the Health Benefits for Miners Act of 2017'' both places it appears in clause (ii) and inserting ``the Bipartisan American Miners Act of 2019''; (2) by striking ``, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012 or 2015'' in clause (ii)(II) and inserting ``or a related coal wage agreement, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012, 2015, 2018, or 2019''; (3) by striking ``and'' at the end of clause (ii)(I), by striking the period at the end of clause (ii)(II) and inserting ``; and'', and by inserting after clause (ii)(II) the following new subclause: ``(III) the cost of administering the resolution of disputes process administered (as of the date of the enactment of the Bipartisan American Miners Act of 2019) by the Trustees of the Plan.'', (4) by striking ``January 1, 2017'' in clause (ii) and inserting ``January 1, 2019''; and (5) by adding at the end the following new clause: ``(vi) Related coal wage agreement.--For purposes of clause (ii), the term `related coal wage agreement' means an agreement between the United Mine Workers of America and an employer in the bituminous coal industry that-- ``(I) is a signatory operator; or ``(II) is or was a debtor in a bankruptcy proceeding that was consolidated, administratively or otherwise, with the bankruptcy proceeding of a

signatory operator or a related person to a signatory operator (as those terms are defined in section 9701(c) of the Internal Revenue Code of 1986).''.

DISTRIBUTIONS.

(a) In General.--Section 401(a)(36) of the Internal Revenue Code of 1986 is amended by striking ``age 62'' and inserting ``age 59\1/2\''.

(b) Application to Governmental Section 457(b) Plans.--Clause (i) of section 457(d)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(in the case of a plan maintained by an employer described in subsection (e)(1)(A), age 59\1/2\)'' before the comma at the end. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2019.

DIVISION N--HEALTH AND HUMAN SERVICES EXTENDERS

MEDICARE PROGRAM.

Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w- 4(e)(1)(E)) is amended by striking ``January 1, 2020'' and inserting ``May 23, 2020''.

INPUT, AND SELECTION.

(a) In General.--Section 1890(d)(2) of the Social Security Act (42 U.S.C. 1395aaa(d)(2)) is amended-- (1) in the first sentence, by striking ``$1,665,000 for the period beginning on October 1, 2019, and ending on December 20, 2019'' and inserting ``$4,830,000 for the period beginning on October 1, 2019, and ending on May 22, 2020''; and (2) in the third sentence, by striking ``December 20, 2019,'' and inserting ``May 22, 2020''.

(b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 (Public Law 116-69).

AND ASSISTANCE FOR LOW-INCOME PROGRAMS.

(a) Additional Funding for State Health Insurance Programs.-- Subsection (a)(1)(B) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the Patient Protection and Affordable Care Act (Public Law 111-148), section 610 of the American Taxpayer Relief Act of 2012 (Public Law 112-240), section 1110 of the Pathway for SGR Reform Act of 2013 (Public Law 113-67), section 110 of the Protecting Access to Medicare Act of 2014 (Public Law 113-93), section 208 of the Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114-10), section 50207 of division E of the Bipartisan Budget Act of 2018 (Public Law 115-123), section 1402 of the Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 (Public Law 116-59), and section 1402 of the Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 (Public Law 116-69), is amended-- (1) in clause (x), by striking ``and'' at the end; (2) in clause (xi), by striking the period at the end and inserting ``; and''; and

(3) by inserting after clause (xi) the following new clause: ``(xii) for the period beginning on December 21, 2019, and ending on May 22, 2020, of $5,485,000.''.

(b) Additional Funding for Area Agencies on Aging.--Subsection (b)(1)(B) of such section 119, as so amended, is amended-- (1) in clause (x), by striking ``and'' at the end; (2) in clause (xi), by striking the period at the end and inserting ``; and''; and (3) by inserting after clause (xi) the following new clause: ``(xii) for the period beginning on December 21, 2019, and ending on May 22, 2020, of $3,165,000.''.

(c) Additional Funding for Aging and Disability Resource Centers.-- Subsection (c)(1)(B) of such section 119, as so amended, is amended-- (1) in clause (x), by striking ``and'' at the end; (2) in clause (xi), by striking the period at the end and inserting ``; and''; and (3) by inserting after clause (xi) the following new clause: ``(xii) for the period beginning on December 21, 2019, and ending on May 22, 2020, of $2,110,000.''.

(d) Additional Funding for Contract With the National Center for Benefits and Outreach Enrollment.--Subsection (d)(2) of such section 119, as so amended, is amended-- (1) in clause (x), by striking ``and'' at the end; (2) in clause (xi), by striking the period at the end and inserting ``; and''; and (3) by inserting after clause (xi) the following new clause: ``(xii) for the period beginning on December 21, 2019, and ending on May 22, 2020, of $5,063,000.''.

OUTCOMES RESEARCH TRUST FUND; EXTENSION OF CERTAIN HEALTH INSURANCE FEES.

(a) In General.--Section 9511 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting after subparagraph (E) the following new subparagraph: ``(F) For each of fiscal years 2020 through 2029-- ``(i) an amount equivalent to the net revenues received in the Treasury from the fees imposed under subchapter B of chapter 34 (relating to fees on health insurance and self-insured plans) for such fiscal year; and ``(ii) the applicable amount (as defined in paragraph (4)) for the fiscal year.''; and (ii) by striking ``and (E)(ii)'' in the last sentence and inserting ``(E)(ii), and (F)(ii)''; and (B) by adding at the end the following new paragraph: ``(4) Applicable amount defined.--In paragraph (1)(F)(ii), the term `applicable amount' means-- ``(A) for fiscal year 2020, $275,500,000; ``(B) for fiscal year 2021, $285,000,000; ``(C) for fiscal year 2022, $293,500,000; ``(D) for fiscal year 2023, $311,500,000;

``(E) for fiscal year 2024, $320,000,000; ``(F) for fiscal year 2025, $338,000,000; ``(G) for fiscal year 2026, $355,500,000; ``(H) for fiscal year 2027, $363,500,000; ``(I) for fiscal year 2028, $381,000,000; and ``(J) for fiscal year 2029, $399,000,000.''; (2) in subsection (d)(2)(A), by striking ``2019'' and inserting ``2029''; and (3) in subsection (f), by striking ``December 20, 2019'' and inserting ``September 30, 2029''.

(b) Health Insurance Policies.--Section 4375(e) of the Internal Revenue Code of 1986 is amended by striking ``2019'' and inserting ``2029''.

(c) Self-insured Health Plans.--Section 4376(e) of the Internal Revenue Code of 1986 is amended by striking ``2019'' and inserting ``2029''. (d) Identification of Research Priorities.--Subsection (d)(1)(A) of section 1181 of the Social Security Act (42 U.S.C. 1320e) is amended by adding at the end the following: ``Such national priorities shall include research with respect to intellectual and developmental disabilities and maternal mortality. Such priorities should reflect a balance between long-term priorities and short-term priorities, and be responsive to changes in medical evidence and in health care treatments.''. (e) Consideration of Full Range of Outcomes Data.--Subsection (d)(2) of such section 1181 is amended by adding at the end the following subparagraph: ``(F) Consideration of full range of outcomes data.--Research shall be designed, as appropriate, to take into account and capture the full range of clinical and patient-centered outcomes relevant to, and that meet the needs of, patients, clinicians, purchasers, and policy-makers in making informed health decisions. In addition to the relative health outcomes and clinical effectiveness, clinical and patient-centered outcomes shall include the potential burdens and economic impacts of the utilization of medical treatments, items, and services on different stakeholders and decision-makers respectively. These potential burdens and economic impacts include medical out-of-pocket costs, including health plan benefit and formulary design, non-medical costs to the patient and family, including caregiving, effects on future costs of care, workplace productivity and absenteeism, and healthcare utilization.''.

(f) Board Composition.--Subsection (f) of such section 1181 is amended-- (1) in paragraph (1)-- (A) in subparagraph (C)-- (i) in the matter preceding clause (i)-- (I) by striking ``Seventeen'' and inserting ``At least nineteen, but no more than twenty-one''; and (II) by striking ``, not later than 6 months after the date of enactment of this section,''; and (ii) in clause (iii), by striking ``3'' and inserting ``at least 3, but no more than 5''; and (2) in paragraph (3)-- (A) in the first sentence--

(i) by striking the ``the members'' and inserting ``members''; and (ii) by inserting the following before the period at the end: ``to the extent necessary to preserve the evenly staggered terms of the Board.''; and (B) by inserting the following after the first sentence: ``Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term and thereafter may be eligible for reappointment to a full term. A member may serve after the expiration of that member's term until a successor has been appointed.''.

(g) Methodology Committee Appointments.--Such section 1181 is amended-- (1) in subsection (d)(6)(B), by striking ``Comptroller General of the United States'' and inserting ``Board''; and (2) in subsection (h)(4)-- (A) in subparagraph (A)(ii), by striking ``Comptroller General'' and inserting ``Board''; and (B) in the first sentence of subparagraph (B), by striking ``and of the Government Accountability Office''.

(h) Reports by the Comptroller General of the United States.-- Subsection (g)(2)(A) of such section 1181 is amended-- (1) by striking clause (iv) and inserting the following: ``(iv) Not less frequently than every 5 years, the overall effectiveness of activities conducted under this section and the dissemination, training, and capacity building activities conducted under section 937 of the Public Health Service Act. Such review shall include the following: ``(I) A description of those activities and the financial commitments related to research, training, data capacity building, and dissemination and uptake of research findings. ``(II) The extent to which the Institute and the Agency for Healthcare Research and Quality have collaborated with stakeholders, including provider and payer organizations, to facilitate the dissemination and uptake of research findings. ``(III) An analysis of available data and performance metrics, such as the estimated public availability and dissemination of research findings and uptake and utilization of research findings in clinical guidelines and decision support tools, on the extent to which such research findings are used by health care decision-makers, the effect of the dissemination of such findings on changes in medical practice and reducing practice variation and disparities in health care, and the effect of the research conducted and disseminated on innovation and the health care economy of the United States.''; and (2) by adding at the end the following new clause: ``(vi) Not less frequently than every 5 years, any barriers that researchers funded by the Institute have encountered in conducting studies or clinical trials,

including challenges covering the cost of any medical treatments, services, and items described in subsection (a)(2)(B) for purposes of the research study.''.

(a) Amendments Relating to Reporting Requirements With Respect to Clinical Diagnostic Laboratory Tests.-- (1) Revised reporting period for reporting of private sector payment rates for establishment of medicare payment rates.-- Section 1834A(a) of the Social Security Act (42 U.S.C. 1395m- 1(a)) is amended-- (A) in paragraph (1)-- (i) by striking ``Beginning January 1, 2016'' and inserting the following: ``(A) General reporting requirements.--Subject to subparagraph (B), beginning January 1, 2016''; (ii) in subparagraph (A), as added by subparagraph (A) of this paragraph, by inserting ``(referred to in this subsection as the `reporting period')'' after ``at a time specified by the Secretary''; and (iii) by adding at the end the following: ``(B) Revised reporting period.--In the case of reporting with respect to clinical diagnostic laboratory tests that are not advanced diagnostic laboratory tests, the Secretary shall revise the reporting period under subparagraph (A) such that-- ``(i) no reporting is required during the period beginning January 1, 2020, and ending December 31, 2020; ``(ii) reporting is required during the period beginning January 1, 2021, and ending March 31, 2021; and ``(iii) reporting is required every three years after the period described in clause (ii).''; and (B) in paragraph (4)-- (i) by striking ``In this section'' and inserting the following: ``(A) In general.--Subject to subparagraph (B), in this section''; and (ii) by adding at the end the following: ``(B) Exception.--In the case of the reporting period described in paragraph (1)(B)(ii) with respect to clinical diagnostic laboratory tests that are not advanced diagnostic laboratory tests, the term `data collection period' means the period beginning January 1, 2019, and ending June 30, 2019.''. (2) Corrections relating to phase-in of reductions from private payor rate implementation.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended-- (A) in subparagraph (A), by striking ``through 2022'' and inserting ``through 2023''; and (B) in subparagraph (B)-- (i) in clause (i), by striking ``through 2019'' and inserting ``through 2020''; and (ii) in clause (ii), by striking ``2020 through 2022'' and inserting ``2021 through 2023''.

(b) Study and Report by MedPAC.-- (1) In general.--The Medicare Payment Advisory Commission (in this subsection referred to as the ``Commission'') shall conduct a study to review the methodology the Administrator of the Centers for Medicare & Medicaid Services has implemented for the private payor rate-based clinical laboratory fee schedule under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (2) Scope of study.--In carrying out the study described in paragraph (1), the Commission shall consider the following: (A) How best to implement the least burdensome data collection process required under section 1834A(a)(1) of such Act (42 U.S.C. 1395m-1(a)(1)) that would-- (i) result in a representative and statistically valid data sample of private market rates from all laboratory market segments, including hospital outreach laboratories, physician office laboratories, and independent laboratories; and (ii) consider the variability of private payor payment rates across market segments. (B) Appropriate statistical methods for estimating rates that are representative of the market. (3) Report to congress.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the Administrator, the Committee on Finance of the Senate, and the Committees on Ways and Means and Energy and Commerce of the House of Representatives a report that includes-- (A) conclusions about the methodology described in paragraph (1); and (B) any recommendations the Commission deems appropriate.

FROM MEDICARE COMPETITIVE ACQUISITION PROGRAM; NON-APPLICATION OF MEDICARE FEE- SCHEDULE ADJUSTMENTS FOR CERTAIN WHEELCHAIR ACCESSORIES AND CUSHIONS.

(a) Exclusion of Complex Rehabilitative Manual Wheelchairs From Competitive Acquisition Program.--Section 1847(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-3(a)(2)(A)) is amended-- (1) by inserting ``, complex rehabilitative manual wheelchairs (as determined by the Secretary), and certain manual wheelchairs (identified, as of October 1, 2018, by HCPCS codes E1235, E1236, E1237, E1238, and K0008 or any successor to such codes)'' after ``group 3 or higher''; and (2) by striking ``such wheelchairs'' and inserting ``such complex rehabilitative power wheelchairs, complex rehabilitative manual wheelchairs, and certain manual wheelchairs''.

(b) Non-application of Medicare Fee Schedule Adjustments for Wheelchair Accessories and Seat and Back Cushions When Furnished in Connection With Complex Rehabilitative Manual Wheelchairs.-- (1) In general.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not, during the period beginning on January 1, 2020, and ending

on June 30, 2021, use information on the payment determined under the competitive acquisition programs under section 1847 of the Social Security Act (42 U.S.C. 1395w-3) to adjust the payment amount that would otherwise be recognized under section 1834(a)(1)(B)(ii) of such Act (42 U.S.C. 1395m(a)(1)(B)(ii)) for wheelchair accessories (including seating systems) and seat and back cushions when furnished in connection with complex rehabilitative manual wheelchairs (as determined by the Secretary), and certain manual wheelchairs (identified, as of October 1, 2018, by HCPCS codes E1235, E1236, E1237, E1238, and K0008 or any successor to such codes). (2) Implementation.-- Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.

PART B OF THE MEDICARE PROGRAM.

(a) In General.--Section 1833(t)(6) of the Social Security Act (42 U.S.C. 1395l(t)(6)) is amended-- (1) in subparagraph (E)(i), by striking ``2018'' and inserting ``2018 or 2020''; and (2) by adding at the end the following new subparagraph: ``(J) Additional pass-through extension and special payment adjustment rule for certain diagnostic radiopharmaceuticals.--In the case of a drug or biological furnished in the context of a clinical study on diagnostic imaging tests approved under a coverage with evidence development determination whose period of pass-through status under this paragraph concluded on December 31, 2018, and for which payment under this subsection was packaged into a payment for a covered OPD service (or group of services) furnished beginning January 1, 2019, the Secretary shall-- ``(i) extend such pass- through status for such drug or biological for the 9-month period beginning on January 1, 2020; ``(ii) remove, during such period, the packaged costs of such drug or biological (as determined by the Secretary) from the payment amount under this subsection for the covered OPD service (or group of services) with which it is packaged; and ``(iii) not make any adjustments to payment amounts under this subsection for a covered OPD service (or group of services) for which no costs were removed under clause (ii).''.

(b) Implementation.--Notwithstanding any other provision of law, the Secretary of Health and Human Service may implement the amendments made by subsection (a) by program instruction or otherwise.

Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended-- (1) in subsection (a)(4), in the second sentence, by inserting ``for cost reporting periods beginning on or after October 1, 2020, costs related to hematopoietic stem cell acquisition for

the purpose of an allogeneic hematopoietic stem cell transplant (as described in subsection (d)(5)(M)),'' after ``October 1, 1987),''; (2) in subsection (d)-- (A) in paragraph (4)(C)(iii)-- (i) by inserting ``or payments under paragraph (5)(M) (beginning with fiscal year 2021)'' after ``fiscal year 1991)''; and (ii) by inserting ``or payments under paragraph (5)(M)'' before the period at the end; and (B) in paragraph (5), by adding at the end the following new subparagraph:

``(M)(i) For cost reporting periods beginning on or after October 1, 2020, in the case of a subsection (d) hospital that furnishes an allogeneic hematopoietic stem cell transplant to an individual during such a period, payment to such hospital for hematopoietic stem cell acquisition shall be made on a reasonable cost basis. The items included in such hematopoietic stem cell acquisition shall be specified by the Secretary through rulemaking.

``(ii) For purposes of this subparagraph, the term `allogeneic hematopoietic stem cell transplant' means, with respect to an individual, the intravenous infusion of hematopoietic cells derived from bone marrow, peripheral blood stem cells, or cord blood, but not including embryonic stem cells, of a donor to an individual that are or may be used to restore hematopoietic function in such individual having an inherited or acquired deficiency or defect.''.

Subtitle B--Medicaid Provisions

DEMONSTRATION PROGRAM.

Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note) is amended by striking ``December 20, 2019'' and inserting ``May 22, 2020''.

(a) Treatment of Cap.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (1) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking ``subject to and section 1323(a)(2) of the Patient Protection and Affordable Care Act paragraphs (3) and (5)'' and inserting ``subject to section 1323(a)(2) of the Patient Protection and Affordable Care Act and paragraphs (3) and (5)''; (B) in subparagraph (A)-- (i) by striking ``Puerto Rico shall not exceed the sum of'' and inserting ``Puerto Rico shall not exceed-- ``(i) except as provided in clause (ii), the sum of''; (ii) by striking ``$100,000;'' and inserting ``$100,000; and''; and (iii) by adding at the end the following new clause: ``(ii) for each of fiscal years 2020 through 2021, the amount specified in paragraph (6) for each such fiscal year;''; (C) in subparagraph (B)--

(i) by striking ``the Virgin Islands shall not exceed the sum of'' and inserting ``the Virgin Islands shall not exceed-- ``(i) except as provided in clause (ii), the sum of''; (ii) by striking ``$10,000;'' and inserting ``$10,000; and''; and (iii) by adding at the end the following new clause: ``(ii) for each of fiscal years 2020 through 2021, $126,000,000;''; (D) in subparagraph (C)-- (i) by striking ``Guam shall not exceed the sum of'' and inserting ``Guam shall not exceed-- ``(i) except as provided in clause (ii), the sum of''; (ii) by striking ``$10,000;'' and inserting ``$10,000; and''; and (iii) by adding at the end the following new clause: ``(ii) for each of fiscal years 2020 through 2021, $127,000,000;''; (E) in subparagraph (D)-- (i) by striking ``the Northern Mariana Islands shall not exceed the sum of'' and inserting ``the Northern Mariana Islands shall not exceed-- ``(i) except as provided in clause (ii), the sum of''; and (ii) by adding at the end the following new clause: ``(ii) for each of fiscal years 2020 through 2021, $60,000,000; and''; (F) in subparagraph (E)-- (i) by striking ``American Samoa shall not exceed the sum of'' and inserting ``American Samoa shall not exceed-- ``(i) except as provided in clause (ii), the sum of''; (ii) by striking ``$10,000.'' and inserting ``$10,000; and''; and (iii) by adding at the end the following new clause: ``(ii) for each of fiscal years 2020 through 2021, $84,000,000.''; and (G) by adding at the end the following flush sentence: `` For each fiscal year after fiscal year 2021, the total amount certified for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsection (f) and this subsection for the fiscal year shall be determined as if the preceding subparagraphs were applied to each of fiscal years 2020 through 2021 without regard to clause (ii) of each such subparagraph.''; and (2) by adding at the end the following new paragraphs: ``(6) Application to puerto rico for fiscal years 2020 through 2021.-- ``(A) In general.--Subject to subparagraph (B), the amount specified in this paragraph is-- ``(i) for fiscal year 2020, $2,623,188,000; and ``(ii) for fiscal year 2021, $2,719,072,000. ``(B) Additional increase for puerto rico.-- ``(i) In general.-- For each of fiscal years 2020 through 2021, the amount specified in this paragraph for the fiscal year shall be equal to the amount specified for such fiscal year under subparagraph (A) increased

by $200,000,000 if the Secretary certifies that, with respect to such fiscal year, Puerto Rico's State plan under title XIX (or a waiver of such plan) establishes a reimbursement floor, implemented through a directed payment arrangement plan, for physician services that are covered under the Medicare part B fee schedule in the Puerto Rico locality established under section 1848(b) that is not less than 70 percent of the payment that would apply to such services if they were furnished under part B of title XVIII during such fiscal year. ``(ii) Application to managed care.--In certifying whether Puerto Rico has established a reimbursement floor under a directed payment arrangement plan that satisfies the requirements of clause (i)--

``(I) for fiscal year 2020, the Secretary shall apply such requirements to payments for physician services under a managed care contract entered into or renewed after the date of enactment of this paragraph and disregard payments for physician services under any managed care contract that was entered into prior to such date; and ``(II) for each of fiscal years 2020 through 2021-- ``(aa) the Secretary shall disregard payments made under sub-capitated arrangements for services such as primary care case management; and ``(bb) if the reimbursement floor for physician services applicable under a managed care contract satisfies the requirements of clause (i) for the fiscal year in which the contract is entered into or renewed, such reimbursement floor shall be deemed to satisfy such requirements for the subsequent fiscal year. ``(7) Puerto rico program integrity requirements.--

``(A) <<NOTE: Deadlines. Publications. Plans. Coordinatio n.>> In general.-- ``(i) Program integrity lead.--Not later than 6 months after the date of enactment of this paragraph, the agency responsible for the administration of Puerto Rico's Medicaid program under title XIX shall designate an officer (other than the director of such agency) to serve as the Program Integrity Lead for such program. ``(ii) PERM requirement.--Not later than 18 months after the date of enactment of this paragraph, Puerto Rico shall publish a plan, developed by Puerto Rico in coordination with the Administrator of the Centers for Medicare & Medicaid Services and approved by the Administrator, for how Puerto Rico will develop measures to satisfy the payment error rate measurement (PERM) requirements under subpart Q of part 431 of title 42, Code of Federal Regulations (or any successor regulation). ``(iii) Contracting reform.--Not later than 12 months after the date of enactment of this paragraph, Puerto Rico shall publish a contracting reform plan to combat fraudulent, wasteful, or abusive contracts

under Puerto Rico's Medicaid program under title XIX that includes-- ``(I) metrics for evaluating the success of the plan; and ``(II) a schedule for publicly releasing status reports on the plan. ``(iv) MEQC.--Not later than 18 months after the date of enactment of this paragraph, Puerto Rico shall publish a plan, developed by Puerto Rico in coordination with the Administrator of the Centers for Medicare & Medicaid Services and approved by the Administrator, for how Puerto Rico will comply with the Medicaid eligibility quality control (MEQC) requirements of subpart P of part 431 of title 42, Code of Federal Regulations (or any successor regulation). ``(B) FMAP reduction for failure to meet additional requirements.-- ``(i) In general.--For each fiscal quarter during the period beginning on January 1, 2020, and ending on September 30, 2021: ``(I) For every clause under subparagraph (A) with respect to which Puerto Rico does not fully satisfy the requirements described in the clause (including requirements imposed under the terms of a plan described in the clause) in the fiscal quarter, the Federal medical assistance percentage applicable to Puerto Rico under section 1905(ff) shall be reduced by the number of percentage points determined for the clause and fiscal quarter under subclause (II). ``(II) The number of percentage points determined under this subclause with respect to a clause under subparagraph (A) and a fiscal quarter shall be the number of percentage points (not to exceed 2.5 percentage points) equal to-- ``(aa) 0.25 percentage points; multiplied by ``(bb) the total number of consecutive fiscal quarters for which Puerto Rico has not fully satisfied the requirements described in such clause. ``(ii) Exception for extenuating circumstances or reasonable progress.--For purposes of clause (i), Puerto Rico shall be deemed to have fully satisfied the requirements of a clause under subparagraph (A) (including requirements imposed under the terms of a plan described in the clause) for a fiscal quarter if-- ``(I) the Secretary approves an application from Puerto Rico describing extenuating circumstances that prevented Puerto Rico from fully satisfying the requirements of the clause; or ``(II) in the case of a requirement imposed under the terms of a plan described in a clause under subparagraph (A), Puerto Rico has made objectively reasonable progress towards satisfying such terms and has submitted a timely request

for an exception to the imposition of a penalty to the Secretary. ``(8) Program integrity lead requirement for the virgin islands, guam, the northern mariana islands, and american samoa.-- ``(A) Program integrity lead requirement.--Not later than October 1, 2020, the agency responsible for the administration of the Medicaid program under title XIX of each territory specified in subparagraph (C) shall designate an officer (other than the director of such agency) to serve as the Program Integrity Lead for such program. ``(B) FMAP reduction.--For each fiscal quarter during fiscal year 2021, if the territory fails to satisfy the requirement of subparagraph (A) for the fiscal quarter, the Federal medical assistance percentage applicable to the territory under section 1905(ff) for such fiscal quarter shall be reduced by the number of percentage points (not to exceed 5 percentage points) equal to-- ``(i) 0.25 percentage points; multiplied by ``(ii) the total number of fiscal quarters during the fiscal year in which the territory failed to satisfy such requirement. ``(C) Scope.--This paragraph shall apply to the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.''.

(b) Treatment of Funding Under Enhanced Allotment Program.--Section 1935(e) of the Social Security Act (42 U.S.C. 1396u-5(e)) is amended-- (1) in paragraph (1)(B), by striking ``if the State'' and inserting ``subject to paragraph (4), if the State''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: ``(4) Treatment of funding for certain fiscal years.--Notwithstanding paragraph (1)(B), in the case that Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa establishes and submits to the Secretary a plan described in paragraph (2) with respect to any of fiscal years 2020 through 2021, the amount specified for such a year in paragraph (3) for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa, as the case may be, shall be taken into account in applying, as applicable, subparagraph (A)(ii), (B)(ii), (C)(ii), (D)(ii), or (E)(ii) of section 1108(g)(2) for such year.''.

(c) Increased FMAP.--Subsection (ff) of section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended to read as follows: ``(ff) Temporary Increase in FMAP for Territories for Certain Fiscal Years.--Notwithstanding subsection (b) or (z)(2)-- ``(1) for the period beginning October 1, 2019, and ending December 20, 2019, the Federal medical assistance percentage for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be equal to 100 percent; ``(2) subject to section 1108(g)(7)(C), for the period beginning December 21, 2019, and ending September 30, 2021, the Federal medical assistance percentage for Puerto Rico shall be equal to 76 percent; and

``(3) subject to section 1108(g)(8)(B), for the period beginning December 21, 2019, and ending September 30, 2021, the Federal medical assistance percentage for the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be equal to 83 percent.''.

(d) Annual Report.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)), as amended by subsection (a), is further amended by adding at the end the following new paragraph: ``(9) Annual report.-- ``(A) In general.--Not later than the date that is 30 days after the end of each fiscal year (beginning with fiscal year 2020 and ending with fiscal year 2021), in the case that a specified territory receives a Medicaid cap increase, or an increase in the Federal medical assistance percentage for such territory under section 1905(ff), for such fiscal year, such territory shall submit to the Chair and Ranking Member of the Committee on Energy and Commerce of the House of Representatives and the Chair and Ranking Member of the Committee on Finance of the Senate a report, employing the most up-to-date information available, that describes how such territory has used such Medicaid cap increase, or such increase in the Federal medical assistance percentage, as applicable, to increase access to health care under the State Medicaid plan of such territory under title XIX (or a waiver of such plan). Such report may include-- ``(i) the extent to which such territory has, with respect to such plan (or waiver)-- ``(I) increased payments to health care providers; ``(II) increased covered benefits; ``(III) expanded health care provider networks; or ``(IV) improved in any other manner the carrying out of such plan (or waiver); and ``(ii) any other information as determined necessary by such territory. ``(B) Definitions.--In this paragraph: ``(i) Medicaid cap increase.--The term `Medicaid cap increase' means, with respect to a specified territory and fiscal year, any increase in the amounts otherwise determined under this subsection for such territory for such fiscal year by reason of the amendments made by section 202 of division N of the Further Consolidated Appropriations Act, 2020. ``(ii) Specified territory.--The term `specified territory' means Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.''.

(e) Application of Certain Data Reporting and Program Integrity Requirements to Northern Mariana Islands, American Samoa, and Guam.-- (1) In general.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection:

``(qq) Application of Certain Data Reporting and Program Integrity Requirements to Northern Mariana Islands, American Samoa, and Guam.--

``(1) In general.--Not later than October 1, 2021, the Northern Mariana Islands, American Samoa, and Guam shall-- ``(A) demonstrate progress in implementing methods, satisfactory to the Secretary, for the collection and reporting of reliable data to the Transformed Medicaid Statistical Information System (T-MSIS) (or a successor system); and ``(B) demonstrate progress in establishing a State medicaid fraud control unit described in section 1903(q). ``(2) Determination of progress.--For purposes of paragraph (1), the Secretary shall deem that a territory described in such paragraph has demonstrated satisfactory progress in implementing methods for the collection and reporting of reliable data or establishing a State medicaid fraud control unit if the territory has made a good faith effort to implement such methods or establish such a unit, given the circumstances of the territory.''. (2) Conforming amendment.--Section 1902(j) of the Social Security Act (42 U.S.C. 1396a(j)) is amended-- (A) by striking ``or the requirement'' and inserting ``, the requirement''; and (B) by inserting before the period at the end the following: ``, or the requirement under subsection (qq)(1) (relating to data reporting)''. (3) Reevaluation of waivers of medicaid fraud control unit requirement.-- (A) In general.--Not later than the date that is 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall reevaluate any waiver approved (and in effect as of the date of enactment of this Act) for Guam, the Northern Mariana Islands, or American Samoa under subsection (a)(61) or subsection (j) of section 1902 of the Social Security Act (42 U.S.C.1396a) with respect to the requirement to establish a State medicaid fraud control unit (as described in section 1903(q) of such Act (42 U.S.C. 1396b(q))). (B) Rule of construction.--Nothing in this paragraph shall be construed as requiring the Secretary of Health and Human Services to terminate or refuse to extend a waiver described in subparagraph (A).

(f) Additional Program Integrity Requirements.-- (1) Definitions.--In this subsection: (A) Inspector general.--The term ``Inspector General'' means the Inspector General of the Department of Health and Human Services. (B) Puerto rico's medicaid program.--The term ``Puerto Rico's Medicaid program'' means, collectively, Puerto Rico's State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and any waiver of such plan. (2) Report on contracting oversight and approval.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall issue, and submit to the Chair and Ranking Member of the Committee on Energy and Commerce of the House of Representatives and the Chair and Ranking Member of the Committee on Finance of the Senate, a report on contracting oversight and

approval with respect to Puerto Rico's State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver of such plan). Such report shall-- (A) examine-- (i) the process used by Puerto Rico to evaluate bids and award contracts under such plan (or waiver); (ii) which contracts are not subject to competitive bidding or requests for proposals under such plan (or waiver); and (iii) oversight by the Centers for Medicare & Medicaid Services of contracts awarded under such plan (or waiver); and (B) include any recommendations for Congress, the Secretary of Health and Human Services, or Puerto Rico relating to changes that the Comptroller General determines necessary to improve the program integrity of such plan (or waiver). (3) Audits of managed care payments.-- Not later than the date that is 1 year after the date of enactment of this Act, the Inspector General shall develop and submit to Congress-- (A) a report identifying payments made under Puerto Rico's Medicaid program to managed care organizations that the Inspector General determines to be at high risk for waste, fraud, or abuse; and (B) a plan for auditing and investigating such payments. (4) System for tracking federal funding provided to puerto rico; medicaid and chip scorecard reporting.--Section 1902 of the Social Security Act (42 U.S.C. 1396a), as amended by subsection (e), is further amended by adding at the end the following new subsection:

``(rr) Program Integrity Requirements for Puerto Rico.-- ``(1) System for tracking federal medicaid funding provided to puerto rico.-- ``(A) In general.--Puerto Rico shall establish and maintain a system, which may include the use of a quarterly Form CMS-64, for tracking any amounts paid by the Federal Government to Puerto Rico with respect to the State plan of Puerto Rico (or a waiver of such plan). Under such system, Puerto Rico <<NOTE: Effective date.>> shall ensure that information is available, with respect to each quarter in a fiscal year (beginning with the first quarter beginning on or after the date that is 1 year after the date of the enactment of this subsection), on the following: ``(i) In the case of a quarter other than the first quarter of such fiscal year-- ``(I) the total amount expended by Puerto Rico during any previous quarter of such fiscal year under the State plan of Puerto Rico (or a waiver of such plan); and ``(II) a description of how such amount was so expended. ``(ii) The total amount that Puerto Rico expects to expend during the quarter under the State plan of Puerto Rico (or a waiver of such plan), and a description of how Puerto Rico expects to expend such amount.

``(B) Report to cms.--For each quarter with respect to which Puerto Rico is required under subparagraph (A) to ensure that information described in such subparagraph is available, Puerto Rico shall submit to the Administrator of the Centers for Medicare & Medicaid Services a report on such information for such quarter, which may include the submission of a quarterly Form CMS-37. ``(2) Submission of documentation on contracts upon request.--Puerto Rico shall, upon request, submit to the Administrator of the Centers for Medicare & Medicaid Services all documentation requested with respect to contracts awarded under the State plan of Puerto Rico (or a waiver of such plan). ``(3) Reporting on medicaid and chip scorecard measures.-- Beginning 12 months after the date of enactment of this subsection, Puerto Rico shall begin to report to the Administrator of the Centers for Medicare & Medicaid Services on selected measures included in the Medicaid and CHIP Scorecard developed by the Centers for Medicare & Medicaid Services.''. (5) Appropriation.--Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary of Health and Human Services $5,000,000 for each of fiscal years 2020 through 2021 to carry out this subsection.

Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r- 4(f)(7)(A)) is amended by striking ``December 21, 2019'' each place it appears and inserting ``May 23, 2020''.

(a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) is amended by striking ``December 31, 2019'' and inserting ``May 22, 2020''. (b) Rule of Construction.--Nothing in section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be construed as prohibiting a State from-- (1) applying an income or resource disregard under a methodology authorized under section 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))-- (A) to the income or resources of an individual described in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income or resources of such individual's spouse); or (B) on the basis of an individual's need for home and community-based services authorized under subsection (c), (d), (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or under section 1115 of such Act (42 U.S.C. 1315); or (2) disregarding an individual's spousal income and assets under a plan amendment to provide medical assistance for home and community-based services for individuals by reason of being determined eligible under section 1902(a)(10)(C) of such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a reduction of income based on costs incurred for medical or other remedial care under which the State disregarded the income and assets of the individual's spouse in

determining the initial and ongoing financial eligibility of an individual for such services in place of the spousal impoverishment provisions applied under section 1924 of such Act (42 U.S.C. 1396r-5).

DEMONSTRATION PROGRAM.

Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- (1) in paragraph (1)-- (A) in subparagraph (E), by striking ``and'' after the semicolon; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) subject to paragraph (3), $176,000,000 for the period beginning on January 1, 2020, and ending on May 22, 2020.''; and (2) in paragraph (3)-- (A) in the paragraph header, by striking ``for fy 2019''; and (B) by striking ``paragraph (1)(F)'' and inserting ``subparagraphs (F) and (G) of paragraph (1)''.

Subtitle C--Human Services and Other Health Programs

PROFESSIONS WORKFORCE NEEDS.

Activities authorized by section 2008 of the Social Security Act shall continue through May 22, 2020, in the manner authorized for fiscal year 2019, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the date so specified at the pro rata portion of the total amount authorized for such activities in fiscal year 2019.

PROGRAM AND RELATED PROGRAMS.

Activities authorized by part A of title IV and section 1108(b) of the Social Security Act shall continue through May 22, 2020, in the manner authorized for fiscal year 2019, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose.

Section 510 of the Social Security Act (42 U.S.C. 710) is amended-- (1) in subsection (a)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``December 20, 2019'' and inserting ``May 22, 2020'';

(B) in paragraph (2)(A), by striking ``December 20, 2019'' and inserting ``May 22, 2020''; and (2) in subsection (f)(1), by striking ``$16,643,836 for the period beginning October 1, 2019, and ending December 20, 2019'' and inserting ``$48,287,671 for the period beginning October 1, 2019, and ending May 22, 2020''.

Section 513 of the Social Security Act (42 U.S.C. 713) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), in the matter preceding clause (i), by striking ``December 20, 2019'' and inserting ``May 22, 2020''; (B) in subparagraph (B)(i), by striking by striking ``December 20, 2019'' and inserting ``May 22, 2020''; and (2) in subsection (f), by striking ``$16,643,836 for the period beginning October 1, 2019, and ending December 20, 2019'' and inserting ``$48,287,671 for the period beginning October 1, 2019, and ending May 22, 2020''.

Subtitle D--Public Health Provisions

HEALTH SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE GME PROGRAMS.

(a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is amended by-- (1) striking ``$887,671,223'' and inserting ``$2,575,342,466''; and (2) striking ``December 20, 2019'' and inserting ``May 22, 2020''.

(b) National Health Service Corps.--Section 10503(b)(2)(G) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(G)) is amended-- (1) by striking ``$68,794,521'' and inserting ``$199,589,041''; and (2) by striking ``December 20, 2019'' and inserting ``May 22, 2020''.

(c) Teaching Health Centers That Operate Graduate Medical Education Programs.--Section 340H(g)(1) of the Public Health Service Act (42 U.S.C. 256h(g)(1)) is amended-- (1) by striking ``$28,072,603'' and inserting ``$81,445,205''; and (2) by striking ``December 20, 2019'' and inserting ``May 22, 2020''.

(d) Application of Provisions.--Amounts appropriated pursuant to the amendments made by this section for the period beginning on October 1, 2019, and ending on May 22, 2020, shall be subject to the requirements contained in Public Law 115-245 for funds for programs authorized under sections 330 through 340 of the Public Health Service Act (42 U.S.C. 254 through 256).

(e) Conforming Amendment.--Paragraph (4) of section 3014(h) of title 18, United States Code, as amended by section 1101(e)

of division B of Public Law 116-69, is amended by striking ``section 1101(d) of division B of the Continuing Appropriations Act, 2020, and Health Extenders Act of 2019, and section 1101(d) of the Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019'' and inserting ``, and section 401(d) of division N of the Further Consolidated Appropriations Act, 2020''.

(a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c-2(b)(2)(D)) is amended-- (1) by striking ``$33,287,671'' and inserting ``$96,575,342''; and (2) by striking ``December 20, 2019'' and inserting ``May 22, 2020''.

(b) Indians.--Section 330C(c)(2)(D) of the Public Health Service Act (42 U.S.C. 254c-3(c)(2)(D)) is amended-- (1) by striking ``$33,287,671'' and inserting ``$96,575,342''; and (2) by striking ``December 20, 2019'' and inserting ``May 22, 2020''.

(a) National Toll-free Number.--Section 1271 of the Public Health Service Act (42 U.S.C. 300d-71) is amended-- (1) in the section heading, by inserting before the period the following: ``and other communication capabilities''; and (2) by striking subsection (a) and inserting the following:

``(a) In General.--The Secretary-- ``(1) shall provide coordination and assistance to poison control centers for the establishment and maintenance of a nationwide toll-free phone number, to be used to access such centers; and ``(2) may provide coordination and assistance to poison control centers and consult with professional organizations for the establishment, implementation, and maintenance of other communication technologies to be used to access such centers.''; (3) by redesignating subsection (b) as subsection (c); (4) by inserting after subsection (a) the following:

``(b) Routing Contacts With Poison Control Centers.--Not later than 18 months after the date of enactment of this subsection, the Secretary shall coordinate with the Chairman of the Federal Communications Commission, to the extent technically and economically feasible, to ensure that communications with the national toll-free number are routed to the appropriate poison control center based on the physical location of the contact rather than the area code of the contact device.''; and (5) in subsection (c), as so redesignated-- (A) by striking ``2015 through 2019'' and inserting ``2020 through 2024''; and (B) by striking ``maintenance of the nationwide toll free phone number under subsection (a)'' and inserting ``establishment, implementation, and maintenance activities carried out under subsections (a) and (b)''.

(b) Nationwide Media Campaign.--Section 1272 of the Public Health Service Act (42 U.S.C. 300d-72) is amended-- (1) in the section heading, by striking ``nationwide media campaign to promote'' and inserting ``promoting'';

(2) in subsection (a)-- (A) by inserting ``and support outreach to'' after ``educate''; (B) by striking ``poison prevention'' and inserting ``poisoning and toxic exposure prevention''; and (C) by striking ``established under'' and inserting ``and other available communication technologies established, implemented, or maintained under''; (3) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``nationwide poison prevention'' and inserting ``nationwide poisoning and toxic exposure prevention''; and (B) in paragraph (1), by striking ``poison prevention and poison control center'' and inserting ``poisoning and toxic exposure prevention awareness materials, applicable public health emergency preparedness and response information, and poison control center'' after ``distribution of''; and (4) by striking subsection (c); (5) by redesignating subsection (d) as subsection (c); and (6) in subsection (c) (as so redesignated), by striking ``2015 through 2019'' and inserting ``2020 through 2024''.

(c) Maintenance of Program.--Section 1273 of the Public Health Service Act (42 U.S.C. 300d-73) is amended-- (1) in subsection (a), by inserting ``and toxic exposures'' after ``poisonings''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``for poison'' and inserting ``for poisoning and toxic exposure''; and (ii) by striking ``and preparedness'' and inserting ``preparedness and response''; (B) in paragraph (3)-- (i) by striking ``United States and'' and inserting ``United States,''; and (ii) by inserting before the semicolon the following: ``, and other government agencies as determined to be appropriate and nonduplicative by the Secretary''; and (C) in paragraph (8), by striking ``calls'' and inserting ``contacts''; (3) in subsection (d), by striking paragraph (3) and inserting the following: ``(3) Limitation.-- ``(A) In general.--The sum of the number of years for a waiver under paragraph (1) and a renewal under paragraph (2) may not exceed 5 years. ``(B) Public health emergency.--Notwithstanding any previous waivers, in the case of a poison control center whose accreditation is affected by a public health emergency declared pursuant to section 319, the Secretary may, as the circumstances of the emergency reasonably require, provide a waiver under paragraph (1) or a renewal under paragraph (2), not to exceed 2 years. The Secretary may require quarterly reports and other information related to such a waiver or renewal under this paragraph.''; (4) by striking subsection (f) and inserting the following:

``(f) Maintenance of Effort.--With respect to activities for which a grant is awarded under this section, the Secretary may require that poison control centers agree to maintain the expenditures of the center for such activities at a level that is not less than the level of expenditures maintained by the center for the fiscal year preceding the fiscal year for which the grant is received.''; (5) In subsection (g), by striking ``2015 through 2019'' and inserting ``2020 through 2024''; and (6) by adding at the end the following:

``(h) Biennial Report to Congress.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and Committee on Energy and Commerce of the House of Representatives a report concerning the operations of, and trends identified by, the Poison Control Network. Such report shall include-- ``(1) descriptions of the activities carried out pursuant to sections 1271, 1272, and 1273, and the alignment of such activities with the purposes provided under subsection (a); ``(2) a description of trends in volume of contacts to poison control centers; ``(3) a description of trends in poisonings and toxic exposures reported to poison control centers, as applicable and appropriate; ``(4) an assessment of the impact of the public awareness campaign, including any geographic variations; ``(5) a description of barriers, if any, preventing poison control centers from achieving the purposes and programs under this section and sections 1271 and 1272; ``(6) a description of the standards for accreditation described in subsection (c), including any variations in those standards, and any efforts to create and maintain consistent standards across organizations that accredit poison control centers; and ``(7) the number of and reason for any waivers provided under subsection (d).''.

(a) Short Title.--This section may be cited as the ``Kay Hagan Tick Act''.

(b) Combating Vector-borne Diseases.--Title III of the Public Health Service Act is amended by inserting after section 317T (42 U.S.C. 247b- 22) the following: ``SEC. 317U. NATIONAL STRATEGY AND REGIONAL CENTERS OF EXCELLENCE IN VECTOR-BORNE DISEASES.

``(a) In General.--The Secretary shall-- ``(1)(A) ensure the development and implementation of a national strategy to address vector-borne diseases, including tick-borne diseases, that-- ``(i) identifies and assesses gaps and any unnecessary duplication in federally-funded programs; and ``(ii) identifies strategic goals to address such diseases and appropriate benchmarks to measure progress toward achieving such goals; and ``(B) update such strategy, as appropriate; and ``(2) coordinate programs and activities, including related to data collection, research, and the development of diagnostics,

treatments, vaccines, and other related activities, to address vector-borne diseases, including tick-borne diseases, across the Department of Health and Human Services and with other Federal agencies or departments, as appropriate.

``(b) Consultation.--In carrying out subsection (a)(1), the Secretary shall consult with the Tick-Borne Disease Working Group established under section 2062 of the 21st Century Cures Act (42 U.S.C. 284s) and other individuals, as appropriate, such as-- ``(1) epidemiologists with experience in vector-borne diseases; ``(2) representatives of patient advocacy and research organizations that focus on vector-borne diseases, including such organizations that have demonstrated experience in related research, public health, data collection, or patient access to care; ``(3) health information technology experts or other information management specialists; ``(4) clinicians, entomologists, vector management professionals, public health professionals, and others with expertise in vector-borne diseases; and ``(5) researchers, including researchers with experience conducting translational research.

``(c) Centers of Excellence.--The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention, shall award grants, contracts, or cooperative agreements to institutions of higher education for the establishment or continued support of regional centers of excellence in vector-borne diseases to address vector-borne diseases, including tick-borne diseases, by-- ``(1) facilitating collaboration between academia and public health organizations for public health surveillance, prevention, and response activities related to vector-borne diseases, including tick-borne diseases; ``(2) providing training for public health entomologists and other health care professionals, as appropriate, to address vector-borne diseases, including tick-borne diseases; ``(3) conducting research to develop and validate prevention and control tools and methods, including evidence-based and innovative, evidence-informed tools and methods to anticipate and respond to disease outbreaks; or ``(4) preparing for and responding to outbreaks of vector- borne diseases, including tick-borne diseases.

``(d) Eligibility.--To be eligible to receive a grant, contract, or cooperative agreement under subsection (c), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of how the entity will conduct the activities described in such subsection. ``(e) Reports.-- ``(1) Program summary.--An entity receiving an award under subsection (c) shall, not later than one year after receiving such award, and annually thereafter, submit to the Secretary a summary of programs and activities funded under the award. ``(2) Progress report.--Not later than 4 years after the date of enactment of this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce

of the House of Representatives, a report on the progress made in addressing vector-borne diseases, including tick-borne diseases, through activities carried out under this section.

``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for each of fiscal years 2021 through 2025.''. (c) Enhancing Capacity to Address Vector-borne Diseases.--Subtitle C of title XXVIII of the Public Health Service Act (42 U.S.C. 300hh-31 et seq.) is amended by adding at the end the following: ``SEC. 2822. ENHANCED SUPPORT TO ASSIST HEALTH DEPARTMENTS IN ADDRESSING VECTOR-BORNE DISEASES.

``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may enter into cooperative agreements with health departments of States, political subdivisions of States, and Indian Tribes and Tribal organizations in areas at high risk of vector-borne diseases in order to increase capacity to identify, report, prevent, and respond to such diseases and related outbreaks. ``(b) Eligibility.--To be eligible to enter into a cooperative agreement under this section, an entity described in subsection (a) shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a plan that describes-- ``(1) how the applicant proposes to develop or expand programs to address vector-borne disease risks, including through-- ``(A) related training and workforce development; ``(B) programmatic efforts to improve capacity to identify, report, prevent, and respond to such disease and related outbreaks; and ``(C) other relevant activities identified by the Director of the Centers for Disease Control and Prevention, as appropriate; ``(2) the manner in which the applicant will coordinate with other Federal, Tribal, and State agencies and programs, as applicable, related to vector-borne diseases, as well as other relevant public and private organizations or agencies; and ``(3) the manner in which the applicant will evaluate the effectiveness of any program carried out under the cooperative agreement.

``(c) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2021 through 2025.''.

Subtitle E--Revenue Provisions

(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is amended by striking subchapter E.

(b) Conforming Amendments.-- (1) Subsection (a) of section 4221 of the Internal Revenue Code of 1986 is amended by striking the last sentence. (2) Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence.

(c) Clerical Amendment.--The table of subchapters for chapter 32 of the Internal Revenue Code of 1986 is amended by striking the item relating to subchapter E.

(d) Effective Date.--The amendments made by this section shall apply to sales after December 31, 2019.

(a) In General.--Subtitle A of title IX of the Patient Protection and Affordable Care Act is amended by striking section 9010.

(b) Effective Date.--The amendment made by this section shall apply to calendar years beginning after December 31, 2020.

HEALTH COVERAGE.

(a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980I. (b) Conforming Amendments.-- (1) Section 6051 of such Code is amended-- (A) by striking ``section 4980I(d)(1)'' in subsection (a)(14) and inserting ``subsection (g)'', and (B) by adding at the end the following new subsection:

``(g) Applicable Employer-Sponsored Coverage.--For purposes of subsection (a)(14)-- ``(1) In general.--The term `applicable employer-sponsored coverage' means, with respect to any employee, coverage under any group health plan made available to the employee by an employer which is excludable from the employee's gross income under section 106, or would be so excludable if it were employer-provided coverage (within the meaning of such section 106). ``(2) Exceptions.--The term `applicable employer-sponsored coverage' shall not include-- ``(A) any coverage (whether through insurance or otherwise) described in section 9832(c)(1) (other than subparagraph (G) thereof) or for long-term care, ``(B) any coverage under a separate policy, certificate, or contract of insurance which provides benefits substantially all of which are for treatment of the mouth (including any organ or structure within the mouth) or for treatment of the eye, or ``(C) any coverage described in section 9832(c)(3) the payment for which is not excludable from gross income and for which a deduction under section 162(l) is not allowable. ``(3) Coverage includes employee paid portion.--Coverage shall be treated as applicable employer-sponsored coverage without regard to whether the employer or employee pays for the coverage. ``(4) Governmental plans included.--Applicable employer- sponsored coverage shall include coverage under any group health plan established and maintained primarily for its civilian employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any such government.''. (2) Section 9831(d)(1) of such Code is amended by striking ``except as provided in section 4980I(f)(4)''.

(3) The table of sections for chapter 43 <<NOTE: 26 USC 4971 prec.>> of such Code is amended by striking the item relating to section 4980I.

(c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2019.

Subtitle F--Miscellaneous Provisions

EXPIRATION OF CHILD WELFARE DEMONSTRATION PROJECTS AND SUPPORTING FAMILY FIRST IMPLEMENTATION.

(a) Short Title.--This section may be cited as the ``Family First Transition Act''.

(b) Evidence Standard Transition.-- (1) Temporary suspension of requirement that at least 50 percent of a state's reimbursement for prevention and family services and programs be for programs and services that meet the well-supported practice requirement.--With respect to quarters in fiscal years 2020 and 2021, section 474(a)(6)(A) of the Social Security Act (42 U.S.C. 674(a)(6)(A)) shall be applied without regard to clause (ii) of such section. (2) Supported practices temporarily treated as well- supported practices.--With respect to quarters in fiscal years 2022 and 2023, practices that meet the criteria specified for supported practices in section 471(e)(4)(C) of the Social Security Act (42 U.S.C. 671(e)(4)(C)) shall be considered well- supported practices for purposes of section 474(a)(6)(A)(ii) of such Act (42 U.S.C. 674(a)(6)(A)(ii)).

(c) Enhanced Funding for Transition Activities.-- (1) Transition funding.-- (A) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') to carry out this subsection $500,000,000 for fiscal year 2020, which shall remain available through fiscal year 2021. (B) Distribution of funds.-- (i) In general.--The Secretary shall allot the amount appropriated by subparagraph (A) of this paragraph in accordance with section 423 of the Social Security Act (42 U.S.C. 623), and shall pay each State to which an allotment is so made, the total amount so allotted, subject to clause (ii) of this subparagraph. (ii) Reservation of funds for indian tribes and tribal organizations.--Before applying clause (i) of this subparagraph, the Secretary shall reserve 3 percent of the amount appropriated by subparagraph (A) of this paragraph for allotment to the Indian tribes and tribal organizations with a plan approved under subpart 1 of part B of title IV of the Social Security Act, based on each tribe or tribal organization's share of the total tribal child population among all such tribes and tribal organizations. (2) Funding certainty for states with expiring demonstration projects.--

(A) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary, for payment to each State that was operating a demonstration project approved under section 1130 of the Social Security Act on September 30, 2019, for each fiscal year specified in subparagraph (B) of this paragraph, an amount equal to the amount (if any) by which-- (i)(I) the applicable percentage for the fiscal year so specified of the maximum capped allocation due to the State or sub-State jurisdiction for fiscal year 2019 for foster care maintenance, administration, or training costs, under the demonstration project, as specified in section 4.3 of the State waiver terms and conditions document capped allocation payment table in effect on August 31, 2019; or (II) if the terms and conditions do not specify a maximum amount payable for fiscal year 2019 for the State or sub-State jurisdiction (due to the use of a comparison jurisdiction to ensure cost neutrality), the final cost neutrality limit for the State or sub-State jurisdiction for fiscal year 2018, as most recently reported by the State or sub-State jurisdiction as of September 30, 2019, for foster care maintenance, administration, or training costs under the demonstration project that were included in the waiver; exceeds (ii) the total amount payable to the State or sub-State jurisdiction under part E of title IV of such Act for the fiscal year so specified for foster care expenditures (whether payable under paragraph (1) or (3) of section 474(a) of such Act) that were maintenance, administration, or training costs of the demonstration project taken into account by the Secretary in determining the total amount referred to in clause (i) of this subparagraph. (B) Applicable percentage defined.--In this subparagraph, the term ``applicable percentage'' means-- (i) 90 percent, in the case of fiscal year 2020; or (ii) 75 percent, in the case of fiscal year 2021. (C) Special rule.--The calculation under subparagraph (A) with respect to a State shall be made without regard to-- (i) any change approved after August 31, 2019, in the capped allocation or the terms and conditions referred to in clause (i) of subparagraph (A) with respect to the State; or (ii) any change made after such date to the financial form submitted by the State that is used in determining the capped allocation. (D) Distribution of funds.--Each State that receives funds under this paragraph shall distribute the funds to jurisdictions in the State that were operating demonstration projects under section 1130 of the Social Security Act in a manner consistent with each sub-State jurisdiction's proportionate loss as compared with fiscal year 2019.

(E) Reconciliation process.--Each State seeking a payment under this paragraph shall report expenditures pursuant to part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) in a manner determined by the Secretary and the Secretary shall account for any revisions to spending for fiscal years 2020 and 2021 after the end of the respective fiscal year that are reported by the State agency administering the State plan approved under such part, and received by the Department of Health and Human Services, within 2 years after the last day of the fiscal quarter in which the expenditure was made. (F) Availability of funds.--The amounts made available for payments to States under this paragraph for a fiscal year shall remain available through the end of the third succeeding fiscal year. (3) Use of funds.-- (A) In general.--In addition to the purposes specified in part B of title IV of the Social Security Act (42 U.S.C. 671 et seq.), a State may use funds provided under this subsection for activities previously funded under a demonstration project under section 1130 of such Act (42 U.S.C. 1320a-9) to reduce any adverse fiscal impacts as jurisdictions transition funding sources for the projects, and for activities directly associated with the implementation of title VII of division E of Public Law 115-123 (also known as the Family First Prevention Services Act). (B) Limitation.--None of the funds provided under this subsection may be used to match Federal funds under any program.

(d) Reporting on Enhanced Funding for Transition Activities.-- (1) In general.--Each State to which funds are paid under subsection (c) of this section shall submit to the Secretary, in a manner specified by the Secretary, a written report on-- (A) how the grant is used to implement each part of title VII of division E of Public Law 115-123 (also known as the Family First Prevention Services Act), with a separate statement with respect to each such part; (B) all programs, services, and operational costs to which the grant is put; (C) the characteristics of the families and children served by use of the grant; and (D)(i) the use by the State of amounts provided for each fiscal year to continue activities previously funded under a waiver provided under section 1130 of the Social Security Act (42 U.S.C. 1320a-9); and (ii)(I) the plan of the State to transition the activities so that needed activities can be provided under the State plan approved under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.); or (II) if expenditures for the activities would not be eligible for payment under the State plan approved under such part E-- (aa) the reason therefor; and (bb) the funding sources the State plans to use to cover the costs of needed activities.

(2) Applicability of other laws.--For purposes of subpart 2 of part B of title IV of the Social Security Act (42 U.S.C. 629 et seq.), each report required by paragraph (1) of this subsection shall be considered to be required by section 432(a)(8) of such Act (42 U.S.C. 629b(a)(8)), and shall contain such additional information as the Secretary may require.

(e) Definition of State.--In this section, the term ``State'' has the meaning given the term in section 431(a)(4) of the Social Security Act (42 U.S.C. 629a(a)(4)). (f) Renaming of Title IV-B-2 of the Social Security Act.--The subpart heading for subpart 2 of part B of title IV of the Social Security Act is amended by striking ``Promoting Safe and Stable Families'' and inserting ``MaryLee Allen Promoting Safe and Stable Families Program''. (g) Effective Date.--This section and the amendments made by this section shall take effect as if included in the Bipartisan Budget Act of 2018 on the date of the enactment of such Act.

(h) Technical Correction.--Section 50701 of the Bipartisan Budget Act of 2018 (42 U.S.C. 1305 note; Public Law 115-123) is amended by striking ``Bipartisan Budget Act of 2018'' and inserting ``Family First Prevention Services Act''.

(a) In General.--Section 906(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)) is amended-- (1) in paragraph (3)(A)(ii), by striking ``18 years'' and inserting ``21 years''; and (2) by adding at the end the following: ``(5) Minimum age of sale.--It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age.''.

(b) <<NOTE: Deadlines. Federal Register, publication. 21 USC 387f note.>> Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall publish in the Federal Register a final rule to update the regulations issued under chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387 et seq.) as appropriate, only to carry out the amendments made by subsection (a), including to update all references to persons younger than 18 years of age in subpart B of part 1140 of title 21, Code of Federal Regulations, and to update the relevant age verification requirements under such part 1140 to require age verification for individuals under the age of 30. Such final rule shall-- (A) take full effect not later than 90 days after the date on which such final rule is published; and (B) be deemed to be in compliance with all applicable provisions of chapter 5 of title 5, United States Code and all other provisions of law relating to rulemaking procedures. (2) Other regulations.--Prior to making amendments to part 1140 of title 21, Code of Federal Regulations other than the amendments described in paragraph (1), the Secretary shall promulgate a proposed rule in accordance with chapter 5 of title 5, United States Code.

(c) Notification.--Not later than 90 days after the date of enactment of this Act, the Secretary shall provide written notification to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding the progress of the Department of Health and Human Services towards promulgating the final rule under subsection (b). If, 180 days after the date of enactment of this Act, such rule has not been promulgated in accordance with subsection (b), the Secretary shall provide a written notification and a justification for the delay in rulemaking to such committees.

(d) Penalties for Violations.-- (1) In general.--Section 103(q)(2) of the Family Smoking Prevention and Tobacco Control Act (Public Law 111- 31) is amended-- (A) in subparagraph (A), in the matter preceding clause (i), by inserting ``section 906(d)(5) or of'' after ``violations of''; and (B) in subparagraph (C), by inserting ``section 906(d)(5) or of'' after ``a retailer of''. (2) Repeated violations.--Section 303(f)(8) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(8)) is amended by inserting ``section 906(d)(5) or of'' after ``repeated violations of''. (3) Misbranded products.--Section 903(a)(7)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387c) is amended by inserting ``section 906(d)(5) or of'' after ``violation of''.

21.

(a) In General.--Section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) is amended-- (1) in the heading-- (A) by striking ``state law regarding''; and (B) by striking ``18'' and inserting ``21''; (2) by striking subsections (a) and (d); (3) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; (4) by amending subsection (a), as so redesignated, to read as follows:

``(a) In General.--A funding agreement for a grant under section 1921 is that the State involved will-- ``(1) annually conduct random, unannounced inspections to ensure that retailers do not sell tobacco products to individuals under the age of 21; and ``(2) annually submit to the Secretary a report describing-- ``(A) the activities carried out by the State to ensure that retailers do not sell tobacco products to individuals under the age of 21; ``(B) the extent of success the State has achieved in ensuring that retailers do not sell tobacco products to individuals under the age of 21; and ``(C) the strategies to be utilized by the State to ensure that retailers do not sell tobacco products to individuals under the age of 21 during the fiscal year for which the grant is sought.'';

(5) in subsection (b), as so redesignated-- (A) by striking paragraphs (1), (2), (3), and (4); (B) by striking ``Before making'' and inserting the following: ``(1) In general.--Before making''; (C) by striking ``for the first applicable fiscal year or any subsequent fiscal year''; (D) by striking ``subsections (a) and (b)'' and inserting ``subsection (a)''; (E) by striking ``equal to--'' and inserting ``up to 10 percent of the amount determined under section 1933 for the State for the applicable fiscal year.''; and (F) by adding at the end the following: ``(2) Limitation.-- ``(A) In general.--A State shall not have funds withheld pursuant to paragraph (1) if such State for which the Secretary has made a determination of noncompliance under such paragraph-- ``(i) certifies to the Secretary by May 1 of the fiscal year for which the funds are appropriated, consistent with subparagraph (B), that the State will commit additional State funds, in accordance with paragraph (1), to ensure that retailers do not sell tobacco products to individuals under 21 years of age; ``(ii) agrees to comply with a negotiated agreement for a corrective action plan that is approved by the Secretary and carried out in accordance with guidelines issued by the Secretary; or ``(iii) is a territory that receives less than $1,000,000 for a fiscal year under section 1921. ``(B) Certification.-- ``(i) In general.--The amount of funds to be committed by a State pursuant to subparagraph (A)(i) shall be equal to 1 percent of such State's substance abuse allocation determined under section 1933 for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary. ``(ii) State expenditures.--For a fiscal year in which a State commits funds as described in clause (i), such State shall maintain State expenditures for tobacco prevention programs and for compliance activities at a level that is not less than the level of such expenditures maintained by the State for the preceding fiscal year, plus the additional funds for tobacco compliance activities required under clause (i). The State shall submit a report to the Secretary on all State obligations of funds for such fiscal year and all State expenditures for the preceding fiscal year for tobacco prevention and compliance activities by program activity by July 31 of such fiscal year. ``(iii) Discretion.--The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the certification described in subparagraph (A)(i) as late as July 31 of such fiscal year. ``(C) Failure to certify.--If a State described in subparagraph (A) fails to certify to the Secretary pursuant

to subparagraph (A)(i) or enter into, or comply with, a negotiated agreement under subparagraph (A)(ii), the Secretary may take action pursuant to paragraph (1).''; and (6) by adding at the end the following:

``(c) Implementation of Reporting Requirements.-- ``(1) Transition period.--The Secretary shall-- ``(A) not withhold amounts under subsection (b) for the 3-year period immediately following the date of enactment of division N of the Further Consolidated Appropriations Act, 2020; and ``(B) use discretion in exercising its authority under subsection (b) during the 2-year period immediately following the 3-year period described in subparagraph (A), to allow for a transition period for implementation of the reporting requirements under subsection (a)(2). ``(2) Regulations or guidance.--Not later than 180 days after the date of enactment of division N of the Further Consolidated Appropriations Act, 2020, the Secretary shall update regulations under part 96 of title 45, Code of Federal Regulations or guidance on the retailer compliance rate goal under subsection (b), the use of funds provided under section 1921 for purposes of meeting the requirements of this section, and reporting requirements under subsection (a)(2). ``(3) Coordination.--The Secretary shall ensure the Assistant Secretary for Mental Health and Substance Use coordinates, as appropriate, with the Commissioner of Food and Drugs to ensure that the technical assistance provided to States under subsection (e) is consistent with applicable regulations for retailers issued under part 1140 of title 21, Code of Federal Regulations.

``(d) Transitional Grants.-- ``(1) In general.--The Secretary shall award grants under this subsection to each State that receives funding under section 1921 to ensure compliance of each such State with this section. ``(2) Use of funds.--A State receiving a grant under this subsection-- ``(A) shall use amounts received under such grant for activities to plan for or ensure compliance in the State with subsection (a); and ``(B) in the case of a State for which the Secretary has made a determination under subsection (b) that the State is prepared to meet, or has met, the requirements of subsection (a), may use such funds for tobacco cessation activities, strategies to prevent the use of tobacco products by individuals under the age of 21, or allowable uses under section 1921. ``(3) Supplement not supplant.--Grants under this subsection shall be used to supplement and not supplant other Federal, State, and local public funds provided for activities under paragraph (2). ``(4) Authorization of appropriations.--To carry out this subsection, there are authorized to be appropriated $18,580,790 for each of fiscal years 2020 through 2024. ``(5) Sunset.--This subsection shall have no force or effect after September 30, 2024.

``(e) Technical Assistance.--The Secretary shall provide technical assistance to States related to the activities required under this section.''. (b) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the status of implementing the requirements of section 1926 of the Public Health Service Act (42 U.S.C. 300x-26), as amended by subsection (a), and a description of any technical assistance provided under subsection (e) of such section, including the number of meetings requested and held related to technical assistance. (c) Conforming Amendment.--Section 212 of division D of the Consolidated Appropriations Act, 2010 <<NOTE: Repeal. 42 USC 300x- 26a.>> (Public Law 111-117) is repealed.

Section 351(i)(1) of the Public Health Service Act (42 U.S.C. 262(i)(1)) is amended by striking ``(except any chemically synthesized polypeptide)''.

Section 351(k)(7) of the Public Health Service Act (42 U.S.C. 262(k)(7)) is amended by adding at the end the following: ``(D) Deemed licenses.-- ``(i) No additional exclusivity through deeming.--An approved application that is deemed to be a license for a biological product under this section pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 shall not be treated as having been first licensed under subsection (a) for purposes of subparagraphs (A) and (B). ``(ii) Application of limitations on exclusivity.--Subparagraph (C) shall apply with respect to a reference product referred to in such subparagraph that was the subject of an approved application that was deemed to be a license pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009. ``(iii) Applicability.--The exclusivity periods described in section 527, section 505A(b)(1)(A)(ii), and section 505A(c)(1)(A)(ii) of the Federal Food, Drug, and Cosmetic Act shall continue to apply to a biological product after an approved application for the biological product is deemed to be a license for the biological product under subsection (a) pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009.''.

Section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 (Public Law 111-148) is amended-- (1) by striking ``An approved application'' and inserting the following: ``(A) In general.--An approved application''; and (2) by adding at the end the following:

``(B) Treatment of certain applications.-- ``(i) In general.--With respect to an application for a biological product submitted under subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) that is filed not later than March 23, 2019, and is not approved as of March 23, 2020, the Secretary shall continue to review such application under such section 505 after March 23, 2020. ``(ii) Effect on listed drugs.--Only for purposes of carrying out clause (i), with respect to any applicable listed drug with respect to such application, the following shall apply: ``(I) Any drug that is a biological product that has been deemed licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) pursuant to subparagraph (A) and that is referenced in an application described in clause (i), shall continue to be identified as a listed drug on the list published pursuant to section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act, and the information for such drug on such list shall not be revised after March 20, 2020, until-- ``(aa) such drug is removed from such list in accordance with subclause (III) or subparagraph (C) of such section 505(j)(7); or ``(bb) this subparagraph no longer has force or effect. ``(II) Any drug that is a biological product that has been deemed licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) pursuant to subparagraph (A) and that is referenced in an application described in clause (i) shall be subject only to requirements applicable to biological products licensed under such section. ``(III) Upon approval under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act of an application described in clause (i), the Secretary shall remove from the list published pursuant to section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act any listed drug that is a biological product that has been deemed licensed under section 351 of the Public Health Service Act pursuant to subparagraph (A) and that is referenced in such approved application, unless such listed drug is referenced in one or more additional applications described in clause (i). ``(iii) Deemed licensure.--Upon approval of an application described in clause (i), such approved application shall be deemed to be a license for the biological product under section 351 of the Public Health Service Act. ``(iv) Rule of construction.-- ``(I) Application of certain provisions.-- ``(aa) Patent certification or statement.--An application described in clause (i)

shall contain a patent certification or statement described in, as applicable, section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act or clauses (vii) and (viii) of section 505(j)(2)(A) of such Act and, with respect to any listed drug referenced in such application, comply with related requirements concerning any timely filed patent information listed pursuant to section 505(j)(7) of such Act. ``(bb) Date of approval.-- The earliest possible date on which any pending application described in clause (i) may be approved shall be determined based on-- ``(AA) the last expiration date of any applicable period of exclusivity that would prevent such approval and that is described in section 505(c)(3)(E), 505(j)(5)(B)(iv), 505(j)(5)(F), 505A, 505E, or 527 of the Federal Food, Drug, and Cosmetic Act; and ``(BB) if the application was submitted pursuant to section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act and references any listed drug, the last applicable date determined under subparagraph (A), (B), or (C) of section 505(c)(3) of such Act, or, if the application was submitted under section 505(j) of such Act, the last applicable date determined under clause (i), (ii), or (iii) of section 505(j)(5)(B) of such Act. ``(II) Exclusivity.--Nothing in this subparagraph shall be construed to affect section 351(k)(7)(D) of the Public Health Service Act. ``(v) Listing.--The Secretary may continue to review an application after March 23, 2020, pursuant to clause (i), and continue to identify any applicable listed drug pursuant to clause (ii) on the list published pursuant to section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act, even if such review or listing may reveal the existence of such application and the identity of any listed drug for which the investigations described in section 505(b)(1)(A) of the Federal Food, Drug, and Cosmetic Act are relied upon by the applicant for approval of the pending application. Nothing in this subparagraph shall be construed as authorizing the Secretary to disclose any other information that is a trade secret or confidential information described in section 552(b)(4) of title 5, United States Code. ``(vi) Sunset.--Beginning on October 1, 2022, this subparagraph shall have no force or effect and any applications described in clause (i) that have not been approved shall be deemed withdrawn.''.

PLANS IN CERTAIN EXCHANGES.

Section 1311(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)) is amended by adding the end the following new paragraph: ``(7) Reenrollment of certain individuals in qualified health plans in certain exchanges.-- ``(A) In general.--In the case of an Exchange that the Secretary operates pursuant to section 1321(c)(1), the Secretary shall establish a process under which an individual described in subparagraph (B) is reenrolled for plan year 2021 in a qualified health plan offered through such Exchange. Such qualified health plan under which such individual is so reenrolled shall be-- ``(i) if available for plan year 2021, the qualified health plan under which such individual is enrolled during the annual open enrollment period for such plan year; and ``(ii) if such qualified health plan is not available for plan year 2021, a qualified health plan offered through such Exchange determined appropriate by the Secretary. ``(B) Individual described.--An individual described in this subsection is an individual who, with respect to plan year 2020-- ``(i) resides in a State with an Exchange described in subparagraph (A); ``(ii) is enrolled in a qualified health plan during such plan year and does not enroll in a qualified health plan for plan year 2021 during the annual open enrollment period for such plan year 2021; and ``(iii) does not elect to disenroll under a qualified health plan for plan year 2021 during such annual open enrollment period.''.

With respect to plan year 2021, the Secretary of Health and Human Services may not take any action to prohibit or otherwise restrict the practice commonly known as ``silver loading'' (as described in the rule entitled ``Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2020'' published on April 25, 2019 (84 Fed. Reg. 17533)).

DRUGS AND BIOSIMILAR BIOLOGICAL PRODUCTS.

(a) Definitions.--In this section-- (1) the term ``commercially reasonable, market-based terms'' means-- (A) a nondiscriminatory price for the sale of the covered product at or below, but not greater than, the most recent wholesale acquisition cost for the drug, as defined in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-3a(c)(6)(B)); (B) a schedule for delivery that results in the transfer of the covered product to the eligible product developer consistent with the timing under subsection (b)(2)(A)(iv); and

(C) no additional conditions are imposed on the sale of the covered product; (2) the term ``covered product''-- (A) means-- (i) any drug approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or biological product licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262); (ii) any combination of a drug or biological product described in clause (i); or (iii) when reasonably necessary to support approval of an application under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), or section 351 of the Public Health Service Act (42 U.S.C. 262), as applicable, or otherwise meet the requirements for approval under either such section, any product, including any device, that is marketed or intended for use with such a drug or biological product; and (B) does not include any drug or biological product that appears on the drug shortage list in effect under section 506E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e), unless-- (i) the drug or biological product has been on the drug shortage list in effect under such section 506E continuously for more than 6 months; or (ii) the Secretary determines that inclusion of the drug or biological product as a covered product is likely to contribute to alleviating or preventing a shortage. (3) the term ``device'' has the meaning given the term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); (4) the term ``eligible product developer'' means a person that seeks to develop a product for approval pursuant to an application for approval under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or for licensing pursuant to an application under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)); (5) the term ``license holder'' means the holder of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or the holder of a license under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) for a covered product; (6) the term ``REMS'' means a risk evaluation and mitigation strategy under section 505-1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1); (7) the term ``REMS with ETASU'' means a REMS that contains elements to assure safe use under section 505-1(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1(f)); (8) the term ``Secretary'' means the Secretary of Health and Human Services; (9) the term ``single, shared system of elements to assure safe use'' means a single, shared system of elements to assure

safe use under section 505-1(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1(f)); and (10) the term ``sufficient quantities'' means an amount of a covered product that the eligible product developer determines allows it to-- (A) conduct testing to support an application under-- (i) subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); or (ii) section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)); and (B) fulfill any regulatory requirements relating to approval of such an application.

(b) Civil Action for Failure To Provide Sufficient Quantities of a Covered Product.-- (1) In general.--An eligible product developer may bring a civil action against the license holder for a covered product seeking relief under this subsection in an appropriate district court of the United States alleging that the license holder has declined to provide sufficient quantities of the covered product to the eligible product developer on commercially reasonable, market-based terms. (2) Elements.-- (A) In general.--To prevail in a civil action brought under paragraph (1), an eligible product developer shall prove, by a preponderance of the evidence-- (i) that-- (I) the covered product is not subject to a REMS with ETASU; or (II) if the covered product is subject to a REMS with ETASU-- (aa) the eligible product developer has obtained a covered product authorization from the Secretary in accordance with subparagraph (B); and (bb) the eligible product developer has provided a copy of the covered product authorization to the license holder; (ii) that, as of the date on which the civil action is filed, the eligible product developer has not obtained sufficient quantities of the covered product on commercially reasonable, market-based terms; (iii) that the eligible product developer has submitted a written request to purchase sufficient quantities of the covered product to the license holder, and such request-- (I) was sent to a named corporate officer of the license holder; (II) was made by certified or registered mail with return receipt requested; (III) specified an individual as the point of contact for the license holder to direct communications related to the sale of the covered product to the eligible product developer and a means for electronic and written communications with that individual; and

(IV) specified an address to which the covered product was to be shipped upon reaching an agreement to transfer the covered product; and (iv) that the license holder has not delivered to the eligible product developer sufficient quantities of the covered product on commercially reasonable, market-based terms-- (I) for a covered product that is not subject to a REMS with ETASU, by the date that is 31 days after the date on which the license holder received the request for the covered product; and (II) for a covered product that is subject to a REMS with ETASU, by 31 days after the later of-- (aa) the date on which the license holder received the request for the covered product; or (bb) the date on which the license holder received a copy of the covered product authorization issued by the Secretary in accordance with subparagraph (B). (B) Authorization for covered product subject to a rems with etasu.-- (i) Request.--An eligible product developer may submit to the Secretary a written request for the eligible product developer to be authorized to obtain sufficient quantities of an individual covered product subject to a REMS with ETASU. (ii) Authorization.--Not later than 120 days after the date on which a request under clause (i) is received, the Secretary shall, by written notice, authorize the eligible product developer to obtain sufficient quantities of an individual covered product subject to a REMS with ETASU for purposes of-- (I) development and testing that does not involve human clinical trials, if the eligible product developer has agreed to comply with any conditions the Secretary determines necessary; or (II) development and testing that involves human clinical trials, if the eligible product developer has-- (aa)(AA) submitted protocols, informed consent documents, and informational materials for testing that include protections that provide safety protections comparable to those provided by the REMS for the covered product; or (BB) otherwise satisfied the Secretary that such protections will be provided; and (bb) met any other requirements the Secretary may establish. (iii) Notice.--A covered product authorization issued under this subparagraph shall state that the provision of the covered product by the license holder under the terms of the authorization will not be a violation of the REMS for the covered product.

(3) Affirmative defense.--In a civil action brought under paragraph (1), it shall be an affirmative defense, on which the defendant has the burden of persuasion by a preponderance of the evidence-- (A) that, on the date on which the eligible product developer requested to purchase sufficient quantities of the covered product from the license holder-- (i) neither the license holder nor any of its agents, wholesalers, or distributors was engaged in the manufacturing or commercial marketing of the covered product; and (ii) neither the license holder nor any of its agents, wholesalers, or distributors otherwise had access to inventory of the covered product to supply to the eligible product developer on commercially reasonable, market-based terms; (B) that-- (i) the license holder sells the covered product through agents, distributors, or wholesalers; (ii) the license holder has placed no restrictions, explicit or implicit, on its agents, distributors, or wholesalers to sell covered products to eligible product developers; and (iii) the covered product can be purchased by the eligible product developer in sufficient quantities on commercially reasonable, market- based terms from the agents, distributors, or wholesalers of the license holder; or (C) that the license holder made an offer to the individual specified pursuant to paragraph (2)(A)(iii)(III), by a means of communication (electronic, written, or both) specified pursuant to such paragraph, to sell sufficient quantities of the covered product to the eligible product developer at commercially reasonable market-based terms-- (i) for a covered product that is not subject to a REMS with ETASU, by the date that is 14 days after the date on which the license holder received the request for the covered product, and the eligible product developer did not accept such offer by the date that is 7 days after the date on which the eligible product developer received such offer from the license holder; or (ii) for a covered product that is subject to a REMS with ETASU, by the date that is 20 days after the date on which the license holder received the request for the covered product, and the eligible product developer did not accept such offer by the date that is 10 days after the date on which the eligible product developer received such offer from the license holder. (4) Remedies.-- (A) In general.--If an eligible product developer prevails in a civil action brought under paragraph (1), the court shall-- (i) order the license holder to provide to the eligible product developer without delay sufficient quantities

of the covered product on commercially reasonable, market-based terms; (ii) award to the eligible product developer reasonable attorney's fees and costs of the civil action; and (iii) award to the eligible product developer a monetary amount sufficient to deter the license holder from failing to provide eligible product developers with sufficient quantities of a covered product on commercially reasonable, market-based terms, if the court finds, by a preponderance of the evidence-- (I) that the license holder delayed providing sufficient quantities of the covered product to the eligible product developer without a legitimate business justification; or (II) that the license holder failed to comply with an order issued under clause (i). (B) Maximum monetary amount.--A monetary amount awarded under subparagraph (A)(iii) shall not be greater than the revenue that the license holder earned on the covered product during the period-- (i) beginning on-- (I) for a covered product that is not subject to a REMS with ETASU, the date that is 31 days after the date on which the license holder received the request; or (II) for a covered product that is subject to a REMS with ETASU, the date that is 31 days after the later of-- (aa) the date on which the license holder received the request; or (bb) the date on which the license holder received a copy of the covered product authorization issued by the Secretary in accordance with paragraph (2)(B); and (ii) ending on the date on which the eligible product developer received sufficient quantities of the covered product. (C) Avoidance of delay.--The court may issue an order under subparagraph (A)(i) before conducting further proceedings that may be necessary to determine whether the eligible product developer is entitled to an award under clause (ii) or (iii) of subparagraph (A), or the amount of any such award.

(c) Limitation of Liability.--A license holder for a covered product shall not be liable for any claim under Federal, State, or local law arising out of the failure of an eligible product developer to follow adequate safeguards to assure safe use of the covered product during development or testing activities described in this section, including transportation, handling, use, or disposal of the covered product by the eligible product developer. (d) No Violation of REMS.--Section 505-1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1) is amended by adding at the end the following new subsection: ``(l) Provision of Samples Not a Violation of Strategy.--The provision of samples of a covered product to an eligible product developer (as those terms are defined in section 610(a) of division N of the Further Consolidated Appropriations Act, 2020) shall not

be considered a violation of the requirements of any risk evaluation and mitigation strategy that may be in place under this section for such drug.''. (e) Rule of Construction.-- (1) Definition.--In this subsection, the term ``antitrust laws''-- (A) has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12); and (B) includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section applies to unfair methods of competition. (2) Antitrust laws.--Nothing in this section shall be construed to limit the operation of any provision of the antitrust laws.

(f) REMS Approval Process for Subsequent Filers.--Section 505-1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1), as amended by subsection (d), is further amended-- (1) in subsection (g)(4)(B)-- (A) in clause (i) by striking ``or'' after the semicolon; (B) in clause (ii) by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(iii) accommodate different, comparable aspects of the elements to assure safe use for a drug that is the subject of an application under section 505(j), and the applicable listed drug.''; (2) in subsection (i)(1), by striking subparagraph (C) and inserting the following: ``(C)(i) Elements to assure safe use, if required under subsection (f) for the listed drug, which, subject to clause (ii), for a drug that is the subject of an application under section 505(j) may use-- ``(I) a single, shared system with the listed drug under subsection (f); or ``(II) a different, comparable aspect of the elements to assure safe use under subsection (f). ``(ii) The Secretary may require a drug that is the subject of an application under section 505(j) and the listed drug to use a single, shared system under subsection (f), if the Secretary determines that no different, comparable aspect of the elements to assure safe use could satisfy the requirements of subsection (f).''; (3) in subsection (i), by adding at the end the following: ``(3) Shared rems.--If the Secretary approves, in accordance with paragraph (1)(C)(i)(II), a different, comparable aspect of the elements to assure safe use under subsection (f) for a drug that is the subject of an abbreviated new drug application under section 505(j), the Secretary may require that such different comparable aspect of the elements to assure safe use can be used with respect to any other drug that is the subject of an application under section 505(j) or 505(b) that references the same listed drug.''; and (4) by adding at the end the following:

``(m) Separate REMS.--When used in this section, the term `different, comparable aspect of the elements to assure safe use' means a risk evaluation and mitigation strategy for a drug that

is the subject of an application under section 505(j) that uses different methods or operational means than the strategy required under subsection (a) for the applicable listed drug, or other application under section 505(j) with the same such listed drug, but achieves the same level of safety as such strategy.''.

(g) Rule of Construction.--Nothing in this section, the amendments made by this section, or in section 505-1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1), shall be construed as-- (1) prohibiting a license holder from providing an eligible product developer access to a covered product in the absence of an authorization under this section; or (2) in any way negating the applicability of a REMS with ETASU, as otherwise required under such section 505-1, with respect to such covered product.

DIVISION O-- <<NOTE: Setting Every Community Up for Retirement Enhancement Act of 2019.>> SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT

(a) Short Title.--This Act may be cited as the ``Setting Every Community Up for Retirement Enhancement Act of 2019''.

(b) Table of Contents.--The table of contents of this Act is as follows:

Sec. 1. Short title, etc.

MULTIPLE EMPLOYER PLANS; POOLED EMPLOYER PLANS.

(a) Qualification Requirements.-- (1) In general.--Section 413 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

``(e) Application of Qualification Requirements for Certain Multiple Employer Plans With Pooled Plan Providers.-- ``(1) In general.--Except as provided in paragraph (2), if a defined contribution plan to which subsection (c) applies-- ``(A) is maintained by employers which have a common interest other than having adopted the plan, or ``(B) in the case of a plan not described in subparagraph (A), has a pooled plan provider, then the plan shall not be treated as failing to meet the requirements under this title applicable to a plan described in section 401(a) or to a plan that consists of individual retirement accounts described in section 408 (including by reason of subsection (c) thereof), whichever is applicable, merely because one or more employers of employees covered by the plan fail to take such actions as are required of such employers for the plan to meet such requirements. ``(2) Limitations.-- ``(A) In general.--Paragraph (1) shall not apply to any plan unless the terms of the plan provide that in the case of any employer in the plan failing to take the actions described in paragraph (1)-- ``(i) the assets of the plan attributable to employees of such employer (or beneficiaries of such employees) will be transferred to a plan maintained only by such employer (or its successor), to an eligible retirement plan as defined in section 402(c)(8)(B) for each individual whose account is transferred, or to any other arrangement that the Secretary determines is appropriate, unless the Secretary determines it is in the

best interests of the employees of such employer (and the beneficiaries of such employees) to retain the assets in the plan, and ``(ii) such employer (and not the plan with respect to which the failure occurred or any other employer in such plan) shall, except to the extent provided by the Secretary, be liable for any liabilities with respect to such plan attributable to employees of such employer (or beneficiaries of such employees). ``(B) Failures by pooled plan providers.--If the pooled plan provider of a plan described in paragraph (1)(B) does not perform substantially all of the administrative duties which are required of the provider under paragraph (3)(A)(i) for any plan year, the Secretary may provide that the determination as to whether the plan meets the requirements under this title applicable to a plan described in section 401(a) or to a plan that consists of individual retirement accounts described in section 408 (including by reason of subsection (c) thereof), whichever is applicable, shall be made in the same manner as would be made without regard to paragraph (1). ``(3) Pooled plan provider.-- ``(A) In general.--For purposes of this subsection, the term `pooled plan provider' means, with respect to any plan, a person who-- ``(i) is designated by the terms of the plan as a named fiduciary (within the meaning of section 402(a)(2) of the Employee Retirement Income Security Act of 1974), as the plan administrator, and as the person responsible to perform all administrative duties (including conducting proper testing with respect to the plan and the employees of each employer in the plan) which are reasonably necessary to ensure that-- ``(I) the plan meets any requirement applicable under the Employee Retirement Income Security Act of 1974 or this title to a plan described in section 401(a) or to a plan that consists of individual retirement accounts described in section 408 (including by reason of subsection (c) thereof), whichever is applicable, and ``(II) each employer in the plan takes such actions as the Secretary or such person determines are necessary for the plan to meet the requirements described in subclause (I), including providing to such person any disclosures or other information which the Secretary may require or which such person otherwise determines are necessary to administer the plan or to allow the plan to meet such requirements, ``(ii) registers as a pooled plan provider with the Secretary, and provides such other information to the Secretary as the Secretary may require, before beginning operations as a pooled plan provider, ``(iii) acknowledges in writing that such person is a named fiduciary (within the meaning of section 402(a)(2) of the Employee Retirement Income Security

Act of 1974), and the plan administrator, with respect to the plan, and ``(iv) is responsible for ensuring that all persons who handle assets of, or who are fiduciaries of, the plan are bonded in accordance with section 412 of the Employee Retirement Income Security Act of 1974. ``(B) Audits, examinations and investigations.--The Secretary may perform audits, examinations, and investigations of pooled plan providers as may be necessary to enforce and carry out the purposes of this subsection. ``(C) Aggregation rules.-- For purposes of this paragraph, in determining whether a person meets the requirements of this paragraph to be a pooled plan provider with respect to any plan, all persons who perform services for the plan and who are treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one person. ``(D) Treatment of employers as plan sponsors.-- Except with respect to the administrative duties of the pooled plan provider described in subparagraph (A)(i), each employer in a plan which has a pooled plan provider shall be treated as the plan sponsor with respect to the portion of the plan attributable to employees of such employer (or beneficiaries of such employees). ``(4) Guidance.-- ``(A) In general.--The Secretary shall issue such guidance as the Secretary determines appropriate to carry out this subsection, including guidance-- ``(i) to identify the administrative duties and other actions required to be performed by a pooled plan provider under this subsection, ``(ii) which describes the procedures to be taken to terminate a plan which fails to meet the requirements to be a plan described in paragraph (1), including the proper treatment of, and actions needed to be taken by, any employer in the plan and the assets and liabilities of the plan attributable to employees of such employer (or beneficiaries of such employees), and ``(iii) identifying appropriate cases to which the rules of paragraph (2)(A) will apply to employers in the plan failing to take the actions described in paragraph (1). The Secretary shall take into account under clause (iii) whether the failure of an employer or pooled plan provider to provide any disclosures or other information, or to take any other action, necessary to administer a plan or to allow a plan to meet requirements applicable to the plan under section 401(a) or 408, whichever is applicable, has continued over a period of time that demonstrates a lack of commitment to compliance. ``(B) Good faith compliance with law before guidance.--An employer or pooled plan provider shall not be treated as failing to meet a requirement of guidance issued by the Secretary under this paragraph if, before the issuance of such guidance, the employer or pooled plan provider complies in good faith with a reasonable

interpretation of the provisions of this subsection to which such guidance relates. ``(5) Model plan.--The Secretary shall publish model plan language which meets the requirements of this subsection and of paragraphs (43) and (44) of section 3 of the Employee Retirement Income Security Act of 1974 and which may be adopted in order for a plan to be treated as a plan described in paragraph (1)(B).''. (2) Conforming amendment.--Section 413(c)(2) of such Code is amended by striking ``section 401(a)'' and inserting ``sections 401(a) and 408(c)''. (3) Technical amendment.--Section 408(c) of such Code is amended by inserting after paragraph (2) the following new paragraph: ``(3) There is a separate accounting for any interest of an employee or member (or spouse of an employee or member) in a Roth IRA.''.

(b) No Common Interest Required for Pooled Employer Plans.--Section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) is amended by adding at the end the following: ``(C) A pooled employer plan shall be treated as-- ``(i) a single employee pension benefit plan or single pension plan; and ``(ii) a plan to which section 210(a) applies.''.

(c) Pooled Employer Plan and Provider Defined.-- (1) In general.--Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended by adding at the end the following: ``(43) Pooled employer plan.-- ``(A) In general.--The term `pooled employer plan' means a plan-- ``(i) which is an individual account plan established or maintained for the purpose of providing benefits to the employees of 2 or more employers; ``(ii) which is a plan described in section 401(a) of the Internal Revenue Code of 1986 which includes a trust exempt from tax under section 501(a) of such Code or a plan that consists of individual retirement accounts described in section 408 of such Code (including by reason of subsection (c) thereof); and ``(iii) the terms of which meet the requirements of subparagraph (B). Such term shall not include a plan maintained by employers which have a common interest other than having adopted the plan. ``(B) Requirements for plan terms.--The requirements of this subparagraph are met with respect to any plan if the terms of the plan-- ``(i) designate a pooled plan provider and provide that the pooled plan provider is a named fiduciary of the plan; ``(ii) designate one or more trustees meeting the requirements of section 408(a)(2) of the Internal Revenue Code of 1986 (other than an employer in the plan) to be responsible for collecting contributions to, and holding the assets of, the plan and require such

trustees to implement written contribution collection procedures that are reasonable, diligent, and systematic; ``(iii) provide that each employer in the plan retains fiduciary responsibility for-- ``(I) the selection and monitoring in accordance with section 404(a) of the person designated as the pooled plan provider and any other person who, in addition to the pooled plan provider, is designated as a named fiduciary of the plan; and ``(II) to the extent not otherwise delegated to another fiduciary by the pooled plan provider and subject to the provisions of section 404(c), the investment and management of the portion of the plan's assets attributable to the employees of the employer (or beneficiaries of such employees); ``(iv) provide that employers in the plan, and participants and beneficiaries, are not subject to unreasonable restrictions, fees, or penalties with regard to ceasing participation, receipt of distributions, or otherwise transferring assets of the plan in accordance with section 208 or paragraph (44)(C)(i)(II); ``(v) require-- ``(I) the pooled plan provider to provide to employers in the plan any disclosures or other information which the Secretary may require, including any disclosures or other information to facilitate the selection or any monitoring of the pooled plan provider by employers in the plan; and ``(II) each employer in the plan to take such actions as the Secretary or the pooled plan provider determines are necessary to administer the plan or for the plan to meet any requirement applicable under this Act or the Internal Revenue Code of 1986 to a plan described in section 401(a) of such Code or to a plan that consists of individual retirement accounts described in section 408 of such Code (including by reason of subsection (c) thereof), whichever is applicable, including providing any disclosures or other information which the Secretary may require or which the pooled plan provider otherwise determines are necessary to administer the plan or to allow the plan to meet such requirements; and ``(vi) provide that any disclosure or other information required to be provided under clause (v) may be provided in electronic form and will be designed to ensure only reasonable costs are imposed on pooled plan providers and employers in the plan. ``(C) Exceptions.--The term `pooled employer plan' does not include-- ``(i) a multiemployer plan; or ``(ii) a plan established before the date of the enactment of the Setting Every Community Up for Retirement Enhancement Act of 2019 unless the plan administrator elects that the plan will be treated as

a pooled employer plan and the plan meets the requirements of this title applicable to a pooled employer plan established on or after such date. ``(D) Treatment of employers as plan sponsors.-- Except with respect to the administrative duties of the pooled plan provider described in paragraph (44)(A)(i), each employer in a pooled employer plan shall be treated as the plan sponsor with respect to the portion of the plan attributable to employees of such employer (or beneficiaries of such employees). ``(44) Pooled plan provider.-- ``(A) In general.--The term `pooled plan provider' means a person who-- ``(i) is designated by the terms of a pooled employer plan as a named fiduciary, as the plan administrator, and as the person responsible for the performance of all administrative duties (including conducting proper testing with respect to the plan and the employees of each employer in the plan) which are reasonably necessary to ensure that-- ``(I) the plan meets any requirement applicable under this Act or the Internal Revenue Code of 1986 to a plan described in section 401(a) of such Code or to a plan that consists of individual retirement accounts described in section 408 of such Code (including by reason of subsection (c) thereof), whichever is applicable; and ``(II) each employer in the plan takes such actions as the Secretary or pooled plan provider determines are necessary for the plan to meet the requirements described in subclause (I), including providing the disclosures and information described in paragraph (43)(B)(v)(II); ``(ii) registers as a pooled plan provider with the Secretary, and provides to the Secretary such other information as the Secretary may require, before beginning operations as a pooled plan provider; ``(iii) acknowledges in writing that such person is a named fiduciary, and the plan administrator, with respect to the pooled employer plan; and ``(iv) is responsible for ensuring that all persons who handle assets of, or who are fiduciaries of, the pooled employer plan are bonded in accordance with section 412. ``(B) Audits, examinations and investigations.--The Secretary may perform audits, examinations, and investigations of pooled plan providers as may be necessary to enforce and carry out the purposes of this paragraph and paragraph (43). ``(C) Guidance.--The Secretary shall issue such guidance as the Secretary determines appropriate to carry out this paragraph and paragraph (43), including guidance-- ``(i) to identify the administrative duties and other actions required to be performed by a pooled plan provider under either such paragraph; and

``(ii) which requires in appropriate cases that if an employer in the plan fails to take the actions required under subparagraph (A)(i)(II)-- ``(I) the assets of the plan attributable to employees of such employer (or beneficiaries of such employees) are transferred to a plan maintained only by such employer (or its successor), to an eligible retirement plan as defined in section 402(c)(8)(B) of the Internal Revenue Code of 1986 for each individual whose account is transferred, or to any other arrangement that the Secretary determines is appropriate in such guidance; and ``(II) such employer (and not the plan with respect to which the failure occurred or any other employer in such plan) shall, except to the extent provided in such guidance, be liable for any liabilities with respect to such plan attributable to employees of such employer (or beneficiaries of such employees). The Secretary shall take into account under clause (ii) whether the failure of an employer or pooled plan provider to provide any disclosures or other information, or to take any other action, necessary to administer a plan or to allow a plan to meet requirements described in subparagraph (A)(i)(II) has continued over a period of time that demonstrates a lack of commitment to compliance. <<NOTE: Waiver authority. Determination.>> The Secretary may waive the requirements of subclause (ii)(I) in appropriate circumstances if the Secretary determines it is in the best interests of the employees of the employer referred to in such clause (and the beneficiaries of such employees) to retain the assets in the plan with respect to which the employer's failure occurred. ``(D) Good faith compliance with law before guidance.--An employer or pooled plan provider shall not be treated as failing to meet a requirement of guidance issued by the Secretary under subparagraph (C) if, before the issuance of such guidance, the employer or pooled plan provider complies in good faith with a reasonable interpretation of the provisions of this paragraph, or paragraph (43), to which such guidance relates. ``(E) Aggregation rules.-- For purposes of this paragraph, in determining whether a person meets the requirements of this paragraph to be a pooled plan provider with respect to any plan, all persons who perform services for the plan and who are treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as one person.''. (2) Bonding requirements for pooled employer plans.--The last sentence of section 412(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1112(a)) is amended by inserting ``or in the case of a pooled employer plan (as defined in section 3(43))'' after ``section 407(d)(1))''. (3) Conforming and technical amendments.--Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended-- (A) in paragraph (16)(B)--

(i) by striking ``or'' at the end of clause (ii); and (ii) by striking the period at the end and inserting ``, or (iv) in the case of a pooled employer plan, the pooled plan provider.''; and (B) by striking the second paragraph (41).

(d) Pooled Employer and Multiple Employer Plan Reporting.-- (1) Additional information.--Section 103 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023) is amended-- (A) in subsection (a)(1)(B), by striking ``applicable subsections (d), (e), and (f)'' and inserting ``applicable subsections (d), (e), (f), and (g)''; and (B) by amending subsection (g) to read as follows:

``(g) Additional Information With Respect to Pooled Employer and Multiple Employer Plans.--An annual report under this section for a plan year shall include-- ``(1) with respect to any plan to which section 210(a) applies (including a pooled employer plan), a list of employers in the plan and a good faith estimate of the percentage of total contributions made by such employers during the plan year and the aggregate account balances attributable to each employer in the plan (determined as the sum of the account balances of the employees of such employer (and the beneficiaries of such employees)); and ``(2) with respect to a pooled employer plan, the identifying information for the person designated under the terms of the plan as the pooled plan provider.''. (2) Simplified annual reports.--Section 104(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)) is amended by striking paragraph (2)(A) and inserting the following:

``(2)(A) With respect to annual reports required to be filed with the Secretary under this part, the Secretary may by regulation prescribe simplified annual reports for any pension plan that-- ``(i) covers fewer than 100 participants; or ``(ii) is a plan described in section 210(a) that covers fewer than 1,000 participants, but only if no single employer in the plan has 100 or more participants covered by the plan.''.

(e) Effective Date.-- (1) In general.--The amendments made by this section shall apply to plan years beginning after December 31, 2020. (2) Rule of construction.--Nothing in the amendments made by subsection (a) shall be construed as limiting the authority of the Secretary of the Treasury or the Secretary's delegate (determined without regard to such amendment) to provide for the proper treatment of a failure to meet any requirement applicable under the Internal Revenue Code of 1986 with respect to one employer (and its employees) in a multiple employer plan.

HARBOR AFTER 1ST PLAN YEAR.

(a) In General.--Section 401(k)(13)(C)(iii) of the Internal Revenue Code of 1986 is amended by striking ``does not exceed 10 percent'' and inserting ``does not exceed 15 percent (10 percent during the period described in subclause (I))''.

(b) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2019.

RULES RELATING TO ELECTION OF SAFE HARBOR 401(k) STATUS.

(a) Limitation of Annual Safe Harbor Notice to Matching Contribution Plans.-- (1) In general.--Subparagraph (A) of section 401(k)(12) of the Internal Revenue Code of 1986 is amended by striking ``if such arrangement'' and all that follows and inserting ``if such arrangement-- ``(i) meets the contribution requirements of subparagraph (B) and the notice requirements of subparagraph (D), or ``(ii) meets the contribution requirements of subparagraph (C).''. (2) Automatic contribution arrangements.--Subparagraph (B) of section 401(k)(13) of such Code is amended by striking ``means'' and all that follows and inserting ``means a cash or deferred arrangement-- ``(i) which is described in subparagraph (D)(i)(I) and meets the applicable requirements of subparagraphs (C) through (E), or ``(ii) which is described in subparagraph (D)(i)(II) and meets the applicable requirements of subparagraphs (C) and (D).''.

(b) Nonelective Contributions.--Section 401(k)(12) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following new subparagraph: ``(F) Timing of plan amendment for employer making nonelective contributions.-- ``(i) In general.--Except as provided in clause (ii), a plan may be amended after the beginning of a plan year to provide that the requirements of subparagraph (C) shall apply to the arrangement for the plan year, but only if the amendment is adopted-- ``(I) at any time before the 30th day before the close of the plan year, or ``(II) at any time before the last day under paragraph (8)(A) for distributing excess contributions for the plan year. ``(ii) Exception where plan provided for matching contributions.--Clause (i) shall not apply to any plan year if the plan provided at any time during the plan year that the requirements of subparagraph (B) or paragraph (13)(D)(i)(I) applied to the plan year. ``(iii) 4-percent contribution requirement.-- Clause (i)(II) shall not apply to an arrangement unless the amount of the contributions described in subparagraph (C) which the employer is required to make under the arrangement for the plan year with respect to any employee is an amount equal to at least 4 percent of the employee's compensation.''.

(c) Automatic Contribution Arrangements.--Section 401(k)(13) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(F) Timing of plan amendment for employer making nonelective contributions.-- ``(i) In general.--Except as provided in clause (ii), a plan may be amended after the beginning of a plan year to provide that the requirements of subparagraph (D)(i)(II) shall apply to the arrangement for the plan year, but only if the amendment is adopted-- ``(I) at any time before the 30th day before the close of the plan year, or ``(II) at any time before the last day under paragraph (8)(A) for distributing excess contributions for the plan year. ``(ii) Exception where plan provided for matching contributions.--Clause (i) shall not apply to any plan year if the plan provided at any time during the plan year that the requirements of subparagraph (D)(i)(I) or paragraph (12)(B) applied to the plan year. ``(iii) 4-percent contribution requirement.-- Clause (i)(II) shall not apply to an arrangement unless the amount of the contributions described in subparagraph (D)(i)(II) which the employer is required to make under the arrangement for the plan year with respect to any employee is an amount equal to at least 4 percent of the employee's compensation.''.

(d) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2019.

PLAN STARTUP COSTS.

(a) In General.--Paragraph (1) of section 45E(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) for the first credit year and each of the 2 taxable years immediately following the first credit year, the greater of-- ``(A) $500, or ``(B) the lesser of-- ``(i) $250 for each employee of the eligible employer who is not a highly compensated employee (as defined in section 414(q)) and who is eligible to participate in the eligible employer plan maintained by the eligible employer, or ``(ii) $5,000, and''.

(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2019.

(a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

``SEC. 45T. AUTO-ENROLLMENT OPTION FOR RETIREMENT SAVINGS OPTIONS PROVIDED BY SMALL EMPLOYERS.

``(a) In General.--For purposes of section 38, in the case of an eligible employer, the retirement auto-enrollment credit determined under this section for any taxable year is an amount equal to-- ``(1) $500 for any taxable year occurring during the credit period, and ``(2) zero for any other taxable year.

``(b) Credit Period.--For purposes of subsection (a)-- ``(1) In general.--The credit period with respect to any eligible employer is the 3-taxable-year period beginning with the first taxable year for which the employer includes an eligible automatic contribution arrangement (as defined in section 414(w)(3)) in a qualified employer plan (as defined in section 4972(d)) sponsored by the employer. ``(2) Maintenance of arrangement.--No taxable year with respect to an employer shall be treated as occurring within the credit period unless the arrangement described in paragraph (1) is included in the plan for such year.

``(c) Eligible Employer.--For purposes of this section, the term `eligible employer' has the meaning given such term in section 408(p)(2)(C)(i).''.

(b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (31), by striking the period at the end of paragraph (32) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(33) in the case of an eligible employer (as defined in section 45T(c)), the retirement auto-enrollment credit determined under section 45T(a).''.

(c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45S the following new item:

``Sec. 45T. Auto-enrollment option for retirement savings options provided by small employers.''.

(d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2019.

PAYMENTS TREATED AS COMPENSATION FOR IRA PURPOSES.

(a) In General.--Paragraph (1) of section 219(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The term `compensation' shall include any amount which is included in the individual's gross income and paid to the individual to aid the individual in the pursuit of graduate or postdoctoral study.''.

(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2019.

(a) In General.--Paragraph (1) of section 219(d) of the Internal Revenue Code of 1986 is repealed.

(b) Coordination With Qualified Charitable Distributions.--Add at the end of section 408(d)(8)(A) of such Code the following: ``The amount of distributions not includible in gross income by reason of the preceding sentence for a taxable year (determined without regard to this sentence) shall be reduced (but not below zero) by an amount equal to the excess of-- ``(i) the aggregate amount of deductions allowed to the taxpayer under section 219 for all taxable years ending on or after the date the taxpayer attains age 70\1/2\, over ``(ii) the aggregate amount of reductions under this sentence for all taxable years preceding the current taxable year.''.

(c) Conforming Amendment.--Subsection (c) of section 408A of the Internal Revenue Code of 1986 is amended by striking paragraph (4) and by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.

(d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to contributions made for taxable years beginning after December 31, 2019. (2) Subsection (b).--The amendment made by subsection (b) shall apply to distributions made for taxable years beginning after December 31, 2019.

THROUGH CREDIT CARDS AND OTHER SIMILAR ARRANGEMENTS.

(a) In General.--Paragraph (2) of section 72(p) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D) Prohibition of loans through credit cards and other similar arrangements.--Subparagraph (A) shall not apply to any loan which is made through the use of any credit card or any other similar arrangement.''.

(b) Effective Date.--The amendments made by subsection (a) shall apply to loans made after the date of the enactment of this Act.

(a) In General.--Subsection (a) of section 401 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (37) the following new paragraph: ``(38) Portability of lifetime income.-- ``(A) In general.--Except as may be otherwise provided by regulations, a trust forming part of a defined contribution plan shall not be treated as failing to constitute a qualified trust under this section solely by reason of allowing-- ``(i) qualified distributions of a lifetime income investment, or ``(ii) distributions of a lifetime income investment in the form of a qualified plan distribution annuity contract, on or after the date that is 90 days prior to the date on which such lifetime income investment is no longer

authorized to be held as an investment option under the plan. ``(B) Definitions.--For purposes of this subsection-- ``(i) the term `qualified distribution' means a direct trustee-to-trustee transfer described in paragraph (31)(A) to an eligible retirement plan (as defined in section 402(c)(8)(B)), ``(ii) the term `lifetime income investment' means an investment option which is designed to provide an employee with election rights-- ``(I) which are not uniformly available with respect to other investment options under the plan, and ``(II) which are to a lifetime income feature available through a contract or other arrangement offered under the plan (or under another eligible retirement plan (as so defined), if paid by means of a direct trustee-to-trustee transfer described in paragraph (31)(A) to such other eligible retirement plan), ``(iii) the term `lifetime income feature' means-- ``(I) a feature which guarantees a minimum level of income annually (or more frequently) for at least the remainder of the life of the employee or the joint lives of the employee and the employee's designated beneficiary, or ``(II) an annuity payable on behalf of the employee under which payments are made in substantially equal periodic payments (not less frequently than annually) over the life of the employee or the joint lives of the employee and the employee's designated beneficiary, and ``(iv) the term `qualified plan distribution annuity contract' means an annuity contract purchased for a participant and distributed to the participant by a plan or contract described in subparagraph (B) of section 402(c)(8) (without regard to clauses (i) and (ii) thereof).''.

(b) Cash or Deferred Arrangement.-- (1) In general.--Clause (i) of section 401(k)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subclause (IV), by striking ``and'' at the end of subclause (V) and inserting ``or'', and by adding at the end the following new subclause: ``(VI) except as may be otherwise provided by regulations, with respect to amounts invested in a lifetime income investment (as defined in subsection (a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the arrangement, and''. (2) Distribution requirement.--Subparagraph (B) of section 401(k)(2) of such Code, as amended by paragraph (1), is amended by striking ``and'' at the end of clause (i), by striking the semicolon at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause:

``(iii) except as may be otherwise provided by regulations, in the case of amounts described in clause (i)(VI), will be distributed only in the form of a qualified distribution (as defined in subsection (a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in subsection (a)(38)(B)(iv)),''.

(c) Section 403(b) Plans.-- (1) Annuity contracts.--Paragraph (11) of section 403(b) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) except as may be otherwise provided by regulations, with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii))-- ``(i) on or after the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the contract, and ``(ii) in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)).''. (2) Custodial accounts.--Subparagraph (A) of section 403(b)(7) of such Code is amended by striking ``if--'' and all that follows and inserting ``if the amounts are to be invested in regulated investment company stock to be held in that custodial account, and under the custodial account-- ``(i) no such amounts may be paid or made available to any distributee (unless such amount is a distribution to which section 72(t)(2)(G) applies) before-- ``(I) the employee dies, ``(II) the employee attains age 59\1/2\, ``(III) the employee has a severance from employment, ``(IV) the employee becomes disabled (within the meaning of section 72(m)(7)), ``(V) in the case of contributions made pursuant to a salary reduction agreement (within the meaning of section 3121(a)(5)(D)), the employee encounters financial hardship, or ``(VI) except as may be otherwise provided by regulations, with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the contract, and ``(ii) in the case of amounts described in clause (i)(VI), such amounts will be distributed only in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)).''.

(d) Eligible Deferred Compensation Plans.-- (1) In general.--Subparagraph (A) of section 457(d)(1) of the Internal Revenue Code of 1986 is amended by striking

``or'' at the end of clause (ii), by inserting ``or'' at the end of clause (iii), and by adding after clause (iii) the following: ``(iv) except as may be otherwise provided by regulations, in the case of a plan maintained by an employer described in subsection (e)(1)(A), with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)), the date that is 90 days prior to the date that such lifetime income investment may no longer be held as an investment option under the plan,''. (2) Distribution requirement.--Paragraph (1) of section 457(d) of such Code is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) except as may be otherwise provided by regulations, in the case of amounts described in subparagraph (A)(iv), such amounts will be distributed only in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)).''.

(e) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2019.

ACCOUNTS ON TERMINATION OF SECTION 403(b) PLANS.

Not later than six months after the date of enactment of this Act, the Secretary of the Treasury shall issue guidance to provide that, if an employer terminates the plan under which amounts are contributed to a custodial account under subparagraph (A) of section 403(b)(7), the plan administrator or custodian may distribute an individual custodial account in kind to a participant or beneficiary of the plan and the distributed custodial account shall be maintained by the custodian on a tax-deferred basis as a section 403(b)(7) custodial account, similar to the treatment of fully-paid individual annuity contracts under Revenue Ruling 2011-7, until amounts are actually paid to the participant or beneficiary. The guidance shall provide further (i) that the section 403(b)(7) status of the distributed custodial account is generally maintained if the custodial account thereafter adheres to the requirements of section 403(b) that are in effect at the time of the distribution of the account and (ii) that a custodial account would not be considered distributed to the participant or beneficiary if the employer has any material retained rights under the account (but the employer would not be treated as retaining material rights simply because the custodial account was originally opened under a group contract). Such guidance shall be retroactively effective for taxable years beginning after December 31, 2008.

RELATING TO CHURCH-CONTROLLED ORGANIZATIONS.

(a) In General.--Subparagraph (B) of section 403(b)(9) of the Internal Revenue Code of 1986 is amended by inserting ``(including an employee described in section 414(e)(3)(B))'' after ``employee described in paragraph (1)''.

(b) Effective Date.--The amendment made by this section shall apply to years beginning before, on, or after the date of the enactment of this Act.

TERM EMPLOYEES WORKING MORE THAN 500 BUT LESS THAN 1,000 HOURS PER YEAR TO PARTICIPATE.

(a) Participation Requirement.-- (1) In general.--Section 401(k)(2)(D) of the Internal Revenue Code of 1986 is amended to read as follows: ``(D) which does not require, as a condition of participation in the arrangement, that an employee complete a period of service with the employer (or employers) maintaining the plan extending beyond the close of the earlier of-- ``(i) the period permitted under section 410(a)(1) (determined without regard to subparagraph (B)(i) thereof), or ``(ii) subject to the provisions of paragraph (15), the first period of 3 consecutive 12-month periods during each of which the employee has at least 500 hours of service.''. (2) Special rules.--Section 401(k) of such Code is amended by adding at the end the following new paragraph: ``(15) Special rules for participation requirement for long- term, part-time workers.--For purposes of paragraph (2)(D)(ii)-- ``(A) Age requirement must be met.--Paragraph (2)(D)(ii) shall not apply to an employee unless the employee has met the requirement of section 410(a)(1)(A)(i) by the close of the last of the 12-month periods described in such paragraph. ``(B) Nondiscrimination and top-heavy rules not to apply.-- ``(i) Nondiscrimination rules.--In the case of employees who are eligible to participate in the arrangement solely by reason of paragraph (2)(D)(ii)-- ``(I) notwithstanding subsection (a)(4), an employer shall not be required to make nonelective or matching contributions on behalf of such employees even if such contributions are made on behalf of other employees eligible to participate in the arrangement, and ``(II) an employer may elect to exclude such employees from the application of subsection (a)(4), paragraphs (3), (12), and (13), subsection (m)(2), and section 410(b). ``(ii) Top-heavy rules.--An employer may elect to exclude all employees who are eligible to participate in a plan maintained by the employer solely by reason of paragraph (2)(D)(ii) from the application of the vesting and benefit requirements under subsections (b) and (c) of section 416. ``(iii) <<NOTE: Time periods. Applicability.>> Vesting.--For purposes of determining whether an employee described in clause (i) has a nonforfeitable right to employer contributions (other than contributions described in paragraph (3)(D)(i)) under the arrangement, each 12-month period for which the employee has at least 500 hours of service shall be treated as a year of service, and section

411(a)(6) shall be applied by substituting `at least 500 hours of service' for `more than 500 hours of service' in subparagraph (A) thereof. ``(iv) Employees who become full-time employees.-- This subparagraph (other than clause (iii)) shall cease to apply to any employee as of the first plan year beginning after the plan year in which the employee meets the requirements of section 410(a)(1)(A)(ii) without regard to paragraph (2)(D)(ii). ``(C) Exception for employees under collectively bargained plans, etc.--Paragraph (2)(D)(ii) shall not apply to employees described in section 410(b)(3). ``(D) Special rules.-- ``(i) Time of participation.--The rules of section 410(a)(4) shall apply to an employee eligible to participate in an arrangement solely by reason of paragraph (2)(D)(ii). ``(ii) 12-month periods.--12-month periods shall be determined in the same manner as under the last sentence of section 410(a)(3)(A).''.

(b) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2020, except that, for purposes of section 401(k)(2)(D)(ii) of the Internal Revenue Code of 1986 (as added by such amendments), 12-month periods beginning before January 1, 2021, shall not be taken into account.

INDIVIDUALS IN CASE OF BIRTH OF CHILD OR ADOPTION.

(a) In General.--Section 72(t)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Distributions from retirement plans in case of birth of child or adoption.-- ``(i) In general.--Any qualified birth or adoption distribution. ``(ii) Limitation.--The aggregate amount which may be treated as qualified birth or adoption distributions by any individual with respect to any birth or adoption shall not exceed $5,000. ``(iii) Qualified birth or adoption distribution.-- For purposes of this subparagraph-- ``(I) In general.--The term `qualified birth or adoption distribution' means any distribution from an applicable eligible retirement plan to an individual if made during the 1-year period beginning on the date on which a child of the individual is born or on which the legal adoption by the individual of an eligible adoptee is finalized. ``(II) Eligible adoptee.--The term `eligible adoptee' means any individual (other than a child of the taxpayer's spouse) who has not attained age 18 or is physically or mentally incapable of self-support. ``(iv) Treatment of plan distributions.-- ``(I) In general.--If a distribution to an individual would (without regard to clause (ii)) be a

qualified birth or adoption distribution, a plan shall not be treated as failing to meet any requirement of this title merely because the plan treats the distribution as a qualified birth or adoption distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $5,000. ``(II) Controlled group.--For purposes of subclause (I), the term `controlled group' means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414. ``(v) Amount distributed may be repaid.-- ``(I) In general.--Any individual who receives a qualified birth or adoption distribution may make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an applicable eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. ``(II) Limitation on contributions to applicable eligible retirement plans other than IRAs.--The aggregate amount of contributions made by an individual under subclause (I) to any applicable eligible retirement plan which is not an individual retirement plan shall not exceed the aggregate amount of qualified birth or adoption distributions which are made from such plan to such individual. Subclause (I) shall not apply to contributions to any applicable eligible retirement plan which is not an individual retirement plan unless the individual is eligible to make contributions (other than those described in subclause (I)) to such applicable eligible retirement plan. ``(III) Treatment of repayments of distributions from applicable eligible retirement plans other than IRAs. --If a contribution is made under subclause (I) with respect to a qualified birth or adoption distribution from an applicable eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the applicable eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(IV) Treatment of repayments for distributions from IRAs. <<NOTE: Time period.>> --If a contribution is made under subclause (I) with respect to a qualified birth or adoption distribution from an individual retirement plan, then, to the extent of the amount

of the contribution, such distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the applicable eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(vi) Definition and special rules.--For purposes of this subparagraph-- ``(I) Applicable eligible retirement plan.--The term `applicable eligible retirement plan' means an eligible retirement plan (as defined in section 402(c)(8)(B)) other than a defined benefit plan. ``(II) Exemption of distributions from trustee to trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405, a qualified birth or adoption distribution shall not be treated as an eligible rollover distribution. ``(III) Taxpayer must include tin.-- A distribution shall not be treated as a qualified birth or adoption distribution with respect to any child or eligible adoptee unless the taxpayer includes the name, age, and TIN of such child or eligible adoptee on the taxpayer's return of tax for the taxable year. ``(IV) Distributions treated as meeting plan distribution requirements.--Any qualified birth or adoption distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A).''.

(b) Effective Date.--The amendments made by this section shall apply to distributions made after December 31, 2019.

MANDATORY DISTRIBUTIONS.

(a) In General.--Section 401(a)(9)(C)(i)(I) of the Internal Revenue Code of 1986 is amended by striking ``age 70\1/ 2\'' and inserting ``age 72''.

(b) Spouse Beneficiaries; Special Rule for Owners.--Subparagraphs (B)(iv)(I) and (C)(ii)(I) of section 401(a)(9) of such Code are each amended by striking ``age 70\1/2\'' and inserting ``age 72''. (c) Conforming Amendments.--The last sentence of section 408(b) of such Code is amended by striking ``age 70\1/2\'' and inserting ``age 72''. (d) Effective Date.--The amendments made by this section shall apply to distributions required to be made after December 31, 2019, with respect to individuals who attain age 70\1/2\ after such date.

COMMUNITY NEWSPAPER PLANS.

(a) Amendment to Internal Revenue Code of 1986.--Section 430 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(m) Special Rules for Community Newspaper Plans.--

``(1) In general.--The plan sponsor of a community newspaper plan under which no participant has had the participant's accrued benefit increased (whether because of service or compensation) after December 31, 2017, may elect to have the alternative standards described in paragraph (3) apply to such plan, and any plan sponsored by any member of the same controlled group. ``(2) Election.--An election under paragraph (1) shall be made at such time and in such manner as prescribed by the Secretary. Such election, once made with respect to a plan year, shall apply to all subsequent plan years unless revoked with the consent of the Secretary. ``(3) Alternative minimum funding standards.--The alternative standards described in this paragraph are the following: ``(A) Interest rates.-- ``(i) In general.--Notwithstanding subsection (h)(2)(C) and except as provided in clause (ii), the first, second, and third segment rates in effect for any month for purposes of this section shall be 8 percent. ``(ii) New benefit accruals.--Notwithstanding subsection (h)(2), for purposes of determining the funding target and normal cost of a plan for any plan year, the present value of any benefits accrued or earned under the plan for a plan year with respect to which an election under paragraph (1) is in effect shall be determined on the basis of the United States Treasury obligation yield curve for the day that is the valuation date of such plan for such plan year. ``(iii) United states treasury obligation yield curve.-- For purposes of this subsection, the term `United States Treasury obligation yield curve' means, with respect to any day, a yield curve which shall be prescribed by the Secretary for such day on interest-bearing obligations of the United States. ``(B) Shortfall amortization base.-- ``(i) Previous shortfall amortization bases.-- The shortfall amortization bases determined under subsection (c)(3) for all plan years preceding the first plan year to which the election under paragraph (1) applies (and all shortfall amortization installments determined with respect to such bases) shall be reduced to zero under rules similar to the rules of subsection (c)(6). ``(ii) New shortfall amortization base.-- Notwithstanding subsection (c)(3), the shortfall amortization base for the first plan year to which the election under paragraph (1) applies shall be the funding shortfall of such plan for such plan year (determined using the interest rates as modified under subparagraph (A)). ``(C) Determination of shortfall amortization installments.-- ``(i) 30-year period.--Subparagraphs (A) and (B) of subsection (c)(2) shall be applied by substituting `30-plan- year' for `7-plan-year' each place it appears. ``(ii) No special election.--The election under subparagraph (D) of subsection (c)(2) shall not apply

to any plan year to which the election under paragraph (1) applies. ``(D) Exemption from at-risk treatment.--Subsection (i) shall not apply. ``(4) Community newspaper plan.--For purposes of this subsection-- ``(A) In general.--The term `community newspaper plan' means a plan to which this section applies maintained by an employer which, as of December 31, 2017-- ``(i) publishes and distributes daily, either electronically or in printed form, 1 or more community newspapers in a single State, ``(ii) is not a company the stock of which is publicly traded (on a stock exchange or in an over-the-counter market), and is not controlled, directly or indirectly, by such a company, ``(iii) is controlled, directly or indirectly-- ``(I) by 1 or more persons residing primarily in the State in which the community newspaper is published, ``(II) for not less than 30 years by individuals who are members of the same family, ``(III) by a trust created or organized in the State in which the community newspaper is published, the sole trustees of which are persons described in subclause (I) or (II), ``(IV) by an entity which is described in section 501(c)(3) and exempt from taxation under section 501(a), which is organized and operated in the State in which the community newspaper is published, and the primary purpose of which is to benefit communities in such State, or ``(V) by a combination of persons described in subclause (I), (III), or (IV), and ``(iv) does not control, directly or indirectly, any newspaper in any other State. ``(B) Community newspaper.--The term `community newspaper' means a newspaper which primarily serves a metropolitan statistical area, as determined by the Office of Management and Budget, with a population of not less than 100,000. ``(C) Control.--A person shall be treated as controlled by another person if such other person possesses, directly or indirectly, the power to direct or cause the direction and management of such person (including the power to elect a majority of the members of the board of directors of such person) through the ownership of voting securities. ``(5) Controlled group.--For purposes of this subsection, the term `controlled group' means all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 as of the date of the enactment of this subsection.''.

(b) Amendment to Employee Retirement Income Security Act of 1974.-- Section 303 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083) is amended by adding at the end the following new subsection: ``(m) Special Rules for Community Newspaper Plans.--

``(1) In general.--The plan sponsor of a community newspaper plan under which no participant has had the participant's accrued benefit increased (whether because of service or compensation) after December 31, 2017, may elect to have the alternative standards described in paragraph (3) apply to such plan, and any plan sponsored by any member of the same controlled group. ``(2) Election.--An election under paragraph (1) shall be made at such time and in such manner as prescribed by the Secretary of the Treasury. Such election, once made with respect to a plan year, shall apply to all subsequent plan years unless revoked with the consent of the Secretary of the Treasury. ``(3) Alternative minimum funding standards.--The alternative standards described in this paragraph are the following: ``(A) Interest rates.-- ``(i) In general.--Notwithstanding subsection (h)(2)(C) and except as provided in clause (ii), the first, second, and third segment rates in effect for any month for purposes of this section shall be 8 percent. ``(ii) New benefit accruals.--Notwithstanding subsection (h)(2), for purposes of determining the funding target and normal cost of a plan for any plan year, the present value of any benefits accrued or earned under the plan for a plan year with respect to which an election under paragraph (1) is in effect shall be determined on the basis of the United States Treasury obligation yield curve for the day that is the valuation date of such plan for such plan year. ``(iii) United states treasury obligation yield curve. --For purposes of this subsection, the term `United States Treasury obligation yield curve' means, with respect to any day, a yield curve which shall be prescribed by the Secretary of the Treasury for such day on interest-bearing obligations of the United States. ``(B) Shortfall amortization base.-- ``(i) Previous shortfall amortization bases.-- The shortfall amortization bases determined under subsection (c)(3) for all plan years preceding the first plan year to which the election under paragraph (1) applies (and all shortfall amortization installments determined with respect to such bases) shall be reduced to zero under rules similar to the rules of subsection (c)(6). ``(ii) New shortfall amortization base.-- Notwithstanding subsection (c)(3), the shortfall amortization base for the first plan year to which the election under paragraph (1) applies shall be the funding shortfall of such plan for such plan year (determined using the interest rates as modified under subparagraph (A)). ``(C) Determination of shortfall amortization installments.-- ``(i) 30-year period.--Subparagraphs (A) and (B) of subsection (c)(2) shall be applied by substituting `30-plan- year' for `7-plan-year' each place it appears.

``(ii) No special election.--The election under subparagraph (D) of subsection (c)(2) shall not apply to any plan year to which the election under paragraph (1) applies. ``(D) Exemption from at-risk treatment.--Subsection (i) shall not apply. ``(4) Community newspaper plan.--For purposes of this subsection-- ``(A) In general.--The term `community newspaper plan' means a plan to which this section applies maintained by an employer which, as of December 31, 2017-- ``(i) publishes and distributes daily, either electronically or in printed form-- ``(I) a community newspaper, or ``(II) 1 or more community newspapers in the same State, ``(ii) is not a company the stock of which is publicly traded (on a stock exchange or in an over-the-counter market), and is not controlled, directly or indirectly, by such a company, ``(iii) is controlled, directly or indirectly-- ``(I) by 1 or more persons residing primarily in the State in which the community newspaper is published, ``(II) for not less than 30 years by individuals who are members of the same family, ``(III) by a trust created or organized in the State in which the community newspaper is published, the sole trustees of which are persons described in subclause (I) or (II), ``(IV) by an entity which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, which is organized and operated in the State in which the community newspaper is published, and the primary purpose of which is to benefit communities in such State, or ``(V) by a combination of persons described in subclause (I), (III), or (IV), and ``(iv) does not control, directly or indirectly, any newspaper in any other State. ``(B) Community newspaper.--The term `community newspaper' means a newspaper which primarily serves a metropolitan statistical area, as determined by the Office of Management and Budget, with a population of not less than 100,000. ``(C) Control.--A person shall be treated as controlled by another person if such other person possesses, directly or indirectly, the power to direct or cause the direction and management of such person (including the power to elect a majority of the members of the board of directors of such person) through the ownership of voting securities. ``(5) Controlled group.--For purposes of this subsection, the term `controlled group' means all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 as of the date of the enactment of this subsection.

``(6) Effect on premium rate calculation.--Notwithstanding any other provision of law or any regulation issued by the Pension Benefit Guaranty Corporation, in the case of a plan for which an election is made to apply the alternative standards described in paragraph (3), the additional premium under section 4006(a)(3)(E) shall be determined as if such election had not been made.''.

(c) Effective Date.--The amendments made by this section shall apply to plan years ending after December 31, 2017.

COMPENSATION FOR DETERMINING RETIREMENT CONTRIBUTION LIMITATIONS.

(a) Individual Retirement Accounts.-- (1) In general.--Section 408(o) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Special rule for difficulty of care payments excluded from gross income.--In the case of an individual who for a taxable year excludes from gross income under section 131 a qualified foster care payment which is a difficulty of care payment, if-- ``(A) the deductible amount in effect for the taxable year under subsection (b), exceeds ``(B) the amount of compensation includible in the individual's gross income for the taxable year, the individual may elect to increase the nondeductible limit under paragraph (2) for the taxable year by an amount equal to the lesser of such excess or the amount so excluded.''. (2) Effective date.--The amendments made by this subsection shall apply to contributions after the date of the enactment of this Act.

(b) Defined Contribution Plans.-- (1) In general.--Section 415(c) of such Code is amended by adding at the end the following new paragraph: ``(8) Special rule for difficulty of care payments excluded from gross income.-- ``(A) In general.--For purposes of paragraph (1)(B), in the case of an individual who for a taxable year excludes from gross income under section 131 a qualified foster care payment which is a difficulty of care payment, the participant's compensation, or earned income, as the case may be, shall be increased by the amount so excluded. ``(B) Contributions allocable to difficulty of care payments treated as after-tax.--Any contribution by the participant which is allowable due to such increase-- ``(i) shall be treated for purposes of this title as investment in the contract, and ``(ii) shall not cause a plan (and any arrangement which is part of such plan) to be treated as failing to meet any requirements of this chapter solely by reason of allowing any such contributions.''. (2) Effective date.--The amendment made by this subsection shall apply to plan years beginning after December 31, 2015.

AS IN EFFECT AS OF CLOSE OF YEAR.

(a) In General.--Subsection (b) of section 401 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Retroactive Changes in Plan.--A stock bonus'' and inserting ``Plan Amendments.-- ``(1) Certain retroactive changes in plan.--A stock bonus''; and (2) by adding at the end the following new paragraph: ``(2) Adoption of plan.--If an employer adopts a stock bonus, pension, profit-sharing, or annuity plan after the close of a taxable year but before the time prescribed by law for filing the return of the employer for the taxable year (including extensions thereof), the employer may elect to treat the plan as having been adopted as of the last day of the taxable year.''.

(b) Effective Date.--The amendments made by this section shall apply to plans adopted for taxable years beginning after December 31, 2019.

(a) In General.--The Secretary of the Treasury and the Secretary of Labor shall, in cooperation, modify the returns required under section 6058 of the Internal Revenue Code of 1986 and the reports required by section 104 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024) so that all members of a group of plans described in subsection (c) may file a single aggregated annual return or report satisfying the requirements of both such sections.

(b) Administrative Requirements.--In developing the consolidated return or report under subsection (a), the Secretary of the Treasury and the Secretary of Labor may require such return or report to include any information regarding each plan in the group as such Secretaries determine is necessary or appropriate for the enforcement and administration of the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 and shall require such information as will enable a participant in a plan to identify any aggregated return or report filed with respect to the plan.

(c) Plans Described.--A group of plans is described in this subsection if all plans in the group-- (1) are individual account plans or defined contribution plans (as defined in section 3(34) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(34)) or in section 414(i) of the Internal Revenue Code of 1986); (2) have-- (A) the same trustee (as described in section 403(a) of such Act (29 U.S.C. 1103(a))); (B) the same one or more named fiduciaries (as described in section 402(a) of such Act (29 U.S.C. 1102(a))); (C) the same administrator (as defined in section 3(16)(A) of such Act (29 U.S.C. 1002(16)(A))) and plan administrator (as defined in section 414(g) of the Internal Revenue Code of 1986); and

(D) plan years beginning on the same date; and (3) provide the same investments or investment options to participants and beneficiaries.

A plan not subject to title I of the Employee Retirement Income Security Act of 1974 shall be treated as meeting the requirements of paragraph (2) as part of a group of plans if the same person that performs each of the functions described in such paragraph, as applicable, for all other plans in such group performs each of such functions for such plan. (d) Clarification Relating to Electronic Filing of Returns for Deferred Compensation Plans.-- (1) In general.--Section 6011(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Application of numerical limitation to returns relating to deferred compensation plans.--For purposes of applying the numerical limitation under paragraph (2)(A) to any return required under section 6058, information regarding each plan for which information is provided on such return shall be treated as a separate return.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to returns required to be filed with respect to plan years beginning after December 31, 2019.

(e) Effective Date.--The modification required by subsection (a) shall be implemented not later than January 1, 2022, and shall apply to returns and reports for plan years beginning after December 31, 2021.

(a) In General.--Subparagraph (B) of section 105(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)(2)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by striking ``diversification.'' and inserting ``diversification, and''; and (3) by inserting at the end the following: ``(iii) the lifetime income disclosure described in subparagraph (D)(i). In the case of pension benefit statements described in clause (i) of paragraph (1)(A), a lifetime income disclosure under clause (iii) of this subparagraph shall be required to be included in only one pension benefit statement during any one 12-month period.''.

(b) Lifetime Income.--Paragraph (2) of section 105(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)) is amended by adding at the end the following new subparagraph: ``(D) Lifetime income disclosure.-- ``(i) In general.-- ``(I) Disclosure.--A lifetime income disclosure shall set forth the lifetime income stream equivalent of the total benefits accrued with respect to the participant or beneficiary. ``(II) Lifetime income stream equivalent of the total benefits accrued. --For purposes of this subparagraph, the term `lifetime income stream equivalent of the total benefits accrued'

means the amount of monthly payments the participant or beneficiary would receive if the total accrued benefits of such participant or beneficiary were used to provide lifetime income streams described in subclause (III), based on assumptions specified in rules prescribed by the Secretary. ``(III) Lifetime income streams.-- The lifetime income streams described in this subclause are a qualified joint and survivor annuity (as defined in section 205(d)), based on assumptions specified in rules prescribed by the Secretary, including the assumption that the participant or beneficiary has a spouse of equal age, and a single life annuity. Such lifetime income streams may have a term certain or other features to the extent permitted under rules prescribed by the Secretary. ``(ii) Model disclosure.--Not later than 1 year after the date of the enactment of the Setting Every Community Up for Retirement Enhancement Act of 2019, the Secretary shall issue a model lifetime income disclosure, written in a manner so as to be understood by the average plan participant, which-- ``(I) explains that the lifetime income stream equivalent is only provided as an illustration; ``(II) explains that the actual payments under the lifetime income stream described in clause (i)(III) which may be purchased with the total benefits accrued will depend on numerous factors and may vary substantially from the lifetime income stream equivalent in the disclosures; ``(III) explains the assumptions upon which the lifetime income stream equivalent was determined; and ``(IV) provides such other similar explanations as the Secretary considers appropriate. ``(iii) Assumptions and rules.--Not later than 1 year after the date of the enactment of the Setting Every Community Up for Retirement Enhancement Act of 2019, the Secretary shall-- ``(I) prescribe assumptions which administrators of individual account plans may use in converting total accrued benefits into lifetime income stream equivalents for purposes of this subparagraph; and ``(II) issue interim final rules under clause (i). In prescribing assumptions under subclause (I), the Secretary may prescribe a single set of specific assumptions (in which case the Secretary may issue tables or factors which facilitate such conversions), or ranges of permissible assumptions. To the extent that an accrued benefit is or may be invested in a lifetime income stream described in clause (i)(III), the assumptions prescribed under subclause (I) shall, to the extent appropriate, permit administrators of individual account plans to use the amounts payable under such lifetime income stream as a lifetime income stream equivalent.

``(iv) Limitation on liability.--No plan fiduciary, plan sponsor, or other person shall have any liability under this title solely by reason of the provision of lifetime income stream equivalents which are derived in accordance with the assumptions and rules described in clause (iii) and which include the explanations contained in the model lifetime income disclosure described in clause (ii). This clause shall apply without regard to whether the provision of such lifetime income stream equivalent is required by subparagraph (B)(iii). ``(v) Effective date.--The requirement in subparagraph (B)(iii) shall apply to pension benefit statements furnished more than 12 months after the latest of the issuance by the Secretary of-- ``(I) interim final rules under clause (i); ``(II) the model disclosure under clause (ii); or ``(III) the assumptions under clause (iii).''.

PROVIDER.

Section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end the following: ``(e) Safe Harbor for Annuity Selection.-- ``(1) In general.--With respect to the selection of an insurer for a guaranteed retirement income contract, the requirements of subsection (a)(1)(B) will be deemed to be satisfied if a fiduciary-- ``(A) engages in an objective, thorough, and analytical search for the purpose of identifying insurers from which to purchase such contracts; ``(B) with respect to each insurer identified under subparagraph (A)-- ``(i) considers the financial capability of such insurer to satisfy its obligations under the guaranteed retirement income contract; and ``(ii) considers the cost (including fees and commissions) of the guaranteed retirement income contract offered by the insurer in relation to the benefits and product features of the contract and administrative services to be provided under such contract; and ``(C) on the basis of such consideration, concludes that-- ``(i) at the time of the selection, the insurer is financially capable of satisfying its obligations under the guaranteed retirement income contract; and ``(ii) the relative cost of the selected guaranteed retirement income contract as described in subparagraph (B)(ii) is reasonable. ``(2) Financial capability of the insurer.--A fiduciary will be deemed to satisfy the requirements of paragraphs (1)(B)(i) and (1)(C)(i) if-- ``(A) the fiduciary obtains written representations from the insurer that-- ``(i) the insurer is licensed to offer guaranteed retirement income contracts;

``(ii) the insurer, at the time of selection and for each of the immediately preceding 7 plan years-- ``(I) operates under a certificate of authority from the insurance commissioner of its domiciliary State which has not been revoked or suspended; ``(II) has filed audited financial statements in accordance with the laws of its domiciliary State under applicable statutory accounting principles; ``(III) maintains (and has maintained) reserves which satisfies all the statutory requirements of all States where the insurer does business; and ``(IV) is not operating under an order of supervision, rehabilitation, or liquidation; ``(iii) the insurer undergoes, at least every 5 years, a financial examination (within the meaning of the law of its domiciliary State) by the insurance commissioner of the domiciliary State (or representative, designee, or other party approved by such commissioner); and ``(iv) the insurer will notify the fiduciary of any change in circumstances occurring after the provision of the representations in clauses (i), (ii), and (iii) which would preclude the insurer from making such representations at the time of issuance of the guaranteed retirement income contract; and ``(B) after receiving such representations and as of the time of selection, the fiduciary has not received any notice described in subparagraph (A)(iv) and is in possession of no other information which would cause the fiduciary to question the representations provided. ``(3) No requirement to select lowest cost.--Nothing in this subsection shall be construed to require a fiduciary to select the lowest cost contract. A fiduciary may consider the value of a contract, including features and benefits of the contract and attributes of the insurer (including, without limitation, the insurer's financial strength) in conjunction with the cost of the contract. ``(4) Time of selection.-- ``(A) In general.--For purposes of this subsection, the time of selection is-- ``(i) the time that the insurer and the contract are selected for distribution of benefits to a specific participant or beneficiary; or ``(ii) if the fiduciary periodically reviews the continuing appropriateness of the conclusion described in paragraph (1)(C) with respect to a selected insurer, taking into account the considerations described in such paragraph, the time that the insurer and the contract are selected to provide benefits at future dates to participants or beneficiaries under the plan. Nothing in the preceding sentence shall be construed to require the fiduciary to review the appropriateness of a selection after the purchase of a contract for a participant or beneficiary.

``(B) Periodic review.--A fiduciary will be deemed to have conducted the periodic review described in subparagraph (A)(ii) if the fiduciary obtains the written representations described in clauses (i), (ii), and (iii) of paragraph (2)(A) from the insurer on an annual basis, unless the fiduciary receives any notice described in paragraph (2)(A)(iv) or otherwise becomes aware of facts that would cause the fiduciary to question such representations. ``(5) Limited liability.--A fiduciary which satisfies the requirements of this subsection shall not be liable following the distribution of any benefit, or the investment by or on behalf of a participant or beneficiary pursuant to the selected guaranteed retirement income contract, for any losses that may result to the participant or beneficiary due to an insurer's inability to satisfy its financial obligations under the terms of such contract. ``(6) Definitions.--For purposes of this subsection-- ``(A) Insurer.--The term `insurer' means an insurance company, insurance service, or insurance organization, including affiliates of such companies. ``(B) Guaranteed retirement income contract.--The term `guaranteed retirement income contract' means an annuity contract for a fixed term or a contract (or provision or feature thereof) which provides guaranteed benefits annually (or more frequently) for at least the remainder of the life of the participant or the joint lives of the participant and the participant's designated beneficiary as part of an individual account plan.''.

OLDER, LONGER SERVICE PARTICIPANTS.

(a) In General.--Section 401 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subsection (o) as subsection (p); and (2) by inserting after subsection (n) the following new subsection:

``(o) Special Rules for Applying Nondiscrimination Rules to Protect Older, Longer Service and Grandfathered Participants.-- ``(1) Testing of defined benefit plans with closed classes of participants.-- ``(A) Benefits, rights, or features provided to closed classes.--A defined benefit plan which provides benefits, rights, or features to a closed class of participants shall not fail to satisfy the requirements of subsection (a)(4) by reason of the composition of such closed class or the benefits, rights, or features provided to such closed class, if-- ``(i) for the plan year as of which the class closes and the 2 succeeding plan years, such benefits, rights, and features satisfy the requirements of subsection (a)(4) (without regard to this subparagraph but taking into account the rules of subparagraph (I)), ``(ii) after the date as of which the class was closed, any plan amendment which modifies the closed class or the benefits, rights, and features provided to such

closed class does not discriminate significantly in favor of highly compensated employees, and ``(iii) the class was closed before April 5, 2017, or the plan is described in subparagraph (C). ``(B) Aggregate testing with defined contribution plans permitted on a benefits basis.-- ``(i) In general.-- For purposes of determining compliance with subsection (a)(4) and section 410(b), a defined benefit plan described in clause (iii) may be aggregated and tested on a benefits basis with 1 or more defined contribution plans, including with the portion of 1 or more defined contribution plans which-- ``(I) provides matching contributions (as defined in subsection (m)(4)(A)), ``(II) provides annuity contracts described in section 403(b) which are purchased with matching contributions or nonelective contributions, or ``(III) consists of an employee stock ownership plan (within the meaning of section 4975(e)(7)) or a tax credit employee stock ownership plan (within the meaning of section 409(a)). ``(ii) Special rules for matching contributions.--For purposes of clause (i), if a defined benefit plan is aggregated with a portion of a defined contribution plan providing matching contributions-- ``(I) such defined benefit plan must also be aggregated with any portion of such defined contribution plan which provides elective deferrals described in subparagraph (A) or (C) of section 402(g)(3), and ``(II) such matching contributions shall be treated in the same manner as nonelective contributions, including for purposes of applying the rules of subsection (l). ``(iii) Plans described.--A defined benefit plan is described in this clause if-- ``(I) the plan provides benefits to a closed class of participants, ``(II) for the plan year as of which the class closes and the 2 succeeding plan years, the plan satisfies the requirements of section 410(b) and subsection (a)(4) (without regard to this subparagraph but taking into account the rules of subparagraph (I)), ``(III) after the date as of which the class was closed, any plan amendment which modifies the closed class or the benefits provided to such closed class does not discriminate significantly in favor of highly compensated employees, and ``(IV) the class was closed before April 5, 2017, or the plan is described in subparagraph (C). ``(C) Plans described.--A plan is described in this subparagraph if, taking into account any predecessor plan-- ``(i) such plan has been in effect for at least 5 years as of the date the class is closed, and

``(ii) during the 5-year period preceding the date the class is closed, there has not been a substantial increase in the coverage or value of the benefits, rights, or features described in subparagraph (A) or in the coverage or benefits under the plan described in subparagraph (B)(iii) (whichever is applicable). ``(D) Determination of substantial increase for benefits, rights, and features. <<NOTE: Time period.>> --In applying subparagraph (C)(ii) for purposes of subparagraph (A)(iii), a plan shall be treated as having had a substantial increase in coverage or value of the benefits, rights, or features described in subparagraph (A) during the applicable 5-year period only if, during such period-- ``(i) the number of participants covered by such benefits, rights, or features on the date such period ends is more than 50 percent greater than the number of such participants on the first day of the plan year in which such period began, or ``(ii) such benefits, rights, and features have been modified by 1 or more plan amendments in such a way that, as of the date the class is closed, the value of such benefits, rights, and features to the closed class as a whole is substantially greater than the value as of the first day of such 5-year period, solely as a result of such amendments. ``(E) Determination of substantial increase for aggregate testing on benefits basis.-- <<NOTE: Time period.>> In applying subparagraph (C)(ii) for purposes of subparagraph (B)(iii)(IV), a plan shall be treated as having had a substantial increase in coverage or benefits during the applicable 5-year period only if, during such period-- ``(i) the number of participants benefitting under the plan on the date such period ends is more than 50 percent greater than the number of such participants on the first day of the plan year in which such period began, or ``(ii) the average benefit provided to such participants on the date such period ends is more than 50 percent greater than the average benefit provided on the first day of the plan year in which such period began. ``(F) Certain employees disregarded.--For purposes of subparagraphs (D) and (E), any increase in coverage or value or in coverage or benefits, whichever is applicable, which is attributable to such coverage and value or coverage and benefits provided to employees-- ``(i) who became participants as a result of a merger, acquisition, or similar event which occurred during the 7-year period preceding the date the class is closed, or ``(ii) who became participants by reason of a merger of the plan with another plan which had been in effect for at least 5 years as of the date of the merger, shall be disregarded, except that clause (ii) shall apply for purposes of subparagraph (D) only if, under the merger, the benefits, rights, or features under 1 plan are conformed

to the benefits, rights, or features of the other plan prospectively. ``(G) Rules relating to average benefit.--For purposes of subparagraph (E)-- ``(i) the average benefit provided to participants under the plan will be treated as having remained the same between the 2 dates described in subparagraph (E)(ii) if the benefit formula applicable to such participants has not changed between such dates, and ``(ii) if the benefit formula applicable to 1 or more participants under the plan has changed between such 2 dates, then the average benefit under the plan shall be considered to have increased by more than 50 percent only if-- ``(I) the total amount determined under section 430(b)(1)(A)(i) for all participants benefitting under the plan for the plan year in which the 5-year period described in subparagraph (E) ends, exceeds ``(II) the total amount determined under section 430(b)(1)(A)(i) for all such participants for such plan year, by using the benefit formula in effect for each such participant for the first plan year in such 5-year period, by more than 50 percent. In the case of a CSEC plan (as defined in section 414(y)), the normal cost of the plan (as determined under section 433(j)(1)(B)) shall be used in lieu of the amount determined under section 430(b)(1)(A)(i). ``(H) Treatment as single plan.--For purposes of subparagraphs (E) and (G), a plan described in section 413(c) shall be treated as a single plan rather than as separate plans maintained by each employer in the plan. ``(I) Special rules.--For purposes of subparagraphs (A)(i) and (B)(iii)(II), the following rules shall apply: ``(i) In applying section 410(b)(6)(C), the closing of the class of participants shall not be treated as a significant change in coverage under section 410(b)(6)(C)(i)(II). ``(ii) 2 or more plans shall not fail to be eligible to be aggregated and treated as a single plan solely by reason of having different plan years. ``(iii) Changes in the employee population shall be disregarded to the extent attributable to individuals who become employees or cease to be employees, after the date the class is closed, by reason of a merger, acquisition, divestiture, or similar event. ``(iv) Aggregation and all other testing methodologies otherwise applicable under subsection (a)(4) and section 410(b) may be taken into account. The rule of clause (ii) shall also apply for purposes of determining whether plans to which subparagraph (B)(i) applies may be aggregated and treated as 1 plan for purposes of determining whether such plans meet the requirements of subsection (a)(4) and section 410(b). ``(J) Spun-off plans.--For purposes of this paragraph, if a portion of a defined benefit plan described in subparagraph (A) or (B)(iii) is spun off to another employer and

the spun-off plan continues to satisfy the requirements of-- ``(i) subparagraph (A)(i) or (B)(iii)(II), whichever is applicable, if the original plan was still within the 3-year period described in such subparagraph at the time of the spin off, and ``(ii) subparagraph (A)(ii) or (B)(iii)(III), whichever is applicable, the treatment under subparagraph (A) or (B) of the spun- off plan shall continue with respect to such other employer. ``(2) Testing of defined contribution plans.-- ``(A) Testing on a benefits basis.--A defined contribution plan shall be permitted to be tested on a benefits basis if-- ``(i) such defined contribution plan provides make-whole contributions to a closed class of participants whose accruals under a defined benefit plan have been reduced or eliminated, ``(ii) for the plan year of the defined contribution plan as of which the class eligible to receive such make-whole contributions closes and the 2 succeeding plan years, such closed class of participants satisfies the requirements of section 410(b)(2)(A)(i) (determined by applying the rules of paragraph (1)(I)), ``(iii) after the date as of which the class was closed, any plan amendment to the defined contribution plan which modifies the closed class or the allocations, benefits, rights, and features provided to such closed class does not discriminate significantly in favor of highly compensated employees, and ``(iv) the class was closed before April 5, 2017, or the defined benefit plan under clause (i) is described in paragraph (1)(C) (as applied for purposes of paragraph (1)(B)(iii)(IV)). ``(B) Aggregation with plans including matching contributions.-- ``(i) In general.--With respect to 1 or more defined contribution plans described in subparagraph (A), for purposes of determining compliance with subsection (a)(4) and section 410(b), the portion of such plans which provides make-whole contributions or other nonelective contributions may be aggregated and tested on a benefits basis with the portion of 1 or more other defined contribution plans which-- ``(I) provides matching contributions (as defined in subsection (m)(4)(A)), ``(II) provides annuity contracts described in section 403(b) which are purchased with matching contributions or nonelective contributions, or ``(III) consists of an employee stock ownership plan (within the meaning of section 4975(e)(7)) or a tax credit employee stock ownership plan (within the meaning of section 409(a)). ``(ii) Special rules for matching contributions.--Rules similar to the rules of paragraph (1)(B)(ii) shall apply for purposes of clause (i).

``(C) Special rules for testing defined contribution plan features providing matching contributions to certain older, longer service participants.--In the case of a defined contribution plan which provides benefits, rights, or features to a closed class of participants whose accruals under a defined benefit plan have been reduced or eliminated, the plan shall not fail to satisfy the requirements of subsection (a)(4) solely by reason of the composition of the closed class or the benefits, rights, or features provided to such closed class if the defined contribution plan and defined benefit plan otherwise meet the requirements of subparagraph (A) but for the fact that the make-whole contributions under the defined contribution plan are made in whole or in part through matching contributions. ``(D) Spun-off plans.--For purposes of this paragraph, if a portion of a defined contribution plan described in subparagraph (A) or (C) is spun off to another employer, the treatment under subparagraph (A) or (C) of the spun-off plan shall continue with respect to the other employer if such plan continues to comply with the requirements of clauses (ii) (if the original plan was still within the 3-year period described in such clause at the time of the spin off) and (iii) of subparagraph (A), as determined for purposes of subparagraph (A) or (C), whichever is applicable. ``(3) Definitions and special rule.--For purposes of this subsection-- ``(A) Make-whole contributions.--Except as otherwise provided in paragraph (2)(C), the term `make-whole contributions' means nonelective allocations for each employee in the class which are reasonably calculated, in a consistent manner, to replace some or all of the retirement benefits which the employee would have received under the defined benefit plan and any other plan or qualified cash or deferred arrangement under subsection (k)(2) if no change had been made to such defined benefit plan and such other plan or arrangement. For purposes of the preceding sentence, consistency shall not be required with respect to employees who were subject to different benefit formulas under the defined benefit plan. ``(B) References to closed class of participants.-- References to a closed class of participants and similar references to a closed class shall include arrangements under which 1 or more classes of participants are closed, except that 1 or more classes of participants closed on different dates shall not be aggregated for purposes of determining the date any such class was closed. ``(C) Highly compensated employee.--The term `highly compensated employee' has the meaning given such term in section 414(q).''.

(b) Participation Requirements.--Paragraph (26) of section 401(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(I) Protected participants.-- ``(i) In general.--A plan shall be deemed to satisfy the requirements of subparagraph (A) if--

``(I) the plan is amended-- ``(aa) to cease all benefit accruals, or ``(bb) to provide future benefit accruals only to a closed class of participants, ``(II) the plan satisfies subparagraph (A) (without regard to this subparagraph) as of the effective date of the amendment, and ``(III) the amendment was adopted before April 5, 2017, or the plan is described in clause (ii). ``(ii) Plans described.--A plan is described in this clause if the plan would be described in subsection (o)(1)(C), as applied for purposes of subsection (o)(1)(B)(iii)(IV) and by treating the effective date of the amendment as the date the class was closed for purposes of subsection (o)(1)(C). ``(iii) Special rules.--For purposes of clause (i)(II), in applying section 410(b)(6)(C), the amendments described in clause (i) shall not be treated as a significant change in coverage under section 410(b)(6)(C)(i)(II). ``(iv) Spun-off plans.--For purposes of this subparagraph, if a portion of a plan described in clause (i) is spun off to another employer, the treatment under clause (i) of the spun-off plan shall continue with respect to the other employer.''.

(c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act, without regard to whether any plan modifications referred to in such amendments are adopted or effective before, on, or after such date of enactment. (2) Special rules.-- (A) Election of earlier application.--At the election of the plan sponsor, the amendments made by this section shall apply to plan years beginning after December 31, 2013. (B) Closed classes of participants.--For purposes of paragraphs (1)(A)(iii), (1)(B)(iii)(IV), and (2)(A)(iv) of section 401(o) of the Internal Revenue Code of 1986 (as added by this section), a closed class of participants shall be treated as being closed before April 5, 2017, if the plan sponsor's intention to create such closed class is reflected in formal written documents and communicated to participants before such date. (C) Certain post-enactment plan amendments.--A plan shall not be treated as failing to be eligible for the application of section 401(o)(1)(A), 401(o)(1)(B)(iii), or 401(a)(26) of such Code (as added by this section) to such plan solely because in the case of-- (i) such section 401(o)(1)(A), the plan was amended before the date of the enactment of this Act to eliminate 1 or more benefits, rights, or features, and is further amended after such date of enactment to provide such previously eliminated benefits, rights, or features to a closed class of participants, or (ii) such section 401(o)(1)(B)(iii) or section 401(a)(26), the plan was amended before the date of

the enactment of this Act to cease all benefit accruals, and is further amended after such date of enactment to provide benefit accruals to a closed class of participants. Any such section shall only apply if the plan otherwise meets the requirements of such section and in applying such section, the date the class of participants is closed shall be the effective date of the later amendment.

(a) Flat Rate Premium.--Subparagraph (A) of section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is amended-- (1) in clause (i), by striking ``plan,'' and inserting ``plan other than a CSEC plan (as defined in section 210(f)(1))''; (2) in clause (v), by striking ``or'' at the end; (3) in clause (vi), by striking the period at the end and inserting ``, or''; and (4) by adding at the end the following new clause: ``(vii) in the case of a CSEC plan (as defined in section 210(f)(1)), for plan years beginning after December 31, 2018, for each individual who is a participant in such plan during the plan year an amount equal to the sum of-- ``(I) the additional premium (if any) determined under subparagraph (E), and ``(II) $19.''.

(b) Variable Rate Premium.-- (1) Unfunded vested benefits.-- (A) In general.--Subparagraph (E) of section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is amended by adding at the end the following new clause: ``(v) For purposes of clause (ii), in the case of a CSEC plan (as defined in section 210(f)(1)), the term `unfunded vested benefits' means, for plan years beginning after December 31, 2018, the excess (if any) of-- ``(I) the funding liability of the plan as determined under section 306(j)(5)(C) for the plan year by only taking into account vested benefits, over ``(II) the fair market value of plan assets for the plan year which are held by the plan on the valuation date.''. (B) Conforming amendment.--Clause (iii) of section 4006(a)(3)(E) of such Act (29 U.S.C. 1306(a)(3)(E)) is amended by striking ``For purposes'' and inserting ``Except as provided in clause (v), for purposes''. (2) Applicable dollar amount.-- (A) In general.--Paragraph (8) of section 4006(a) of such Act (29 U.S.C. 1306(a)) is amended by adding at the end the following new subparagraph: ``(E) CSEC plans.--In the case of a CSEC plan (as defined in section 210(f)(1)), the applicable dollar amount shall be $9.''. (B) Conforming amendment.--Subparagraph (A) of section 4006(a)(8) of such Act (29 U.S.C. 1306(a)(8)) is

amended by striking ``(B) and (C)'' and inserting ``(B), (C), and (E)''.

EMERGENCY MEDICAL RESPONDERS.

(a) Increase in Dollar Limitation on Qualified Payments.-- Subparagraph (B) of section 139B(c)(2) of the Internal Revenue Code of 1986 is amended by striking ``$30'' and inserting ``$50''.

(b) Extension.--Section 139B(d) of the Internal Revenue Code of 1986 is amended by striking ``beginning after December 31, 2010.'' and inserting ``beginning-- ``(1) after December 31, 2010, and before January 1, 2020, or ``(2) after December 31, 2020.''.

(c) Technical Correction.--Section 3121(a)(23) of such Code is amended by striking ``139B(b)'' and inserting ``section 139B(a)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2019.

(a) Distributions for Certain Expenses Associated With Registered Apprenticeship Programs.--Section 529(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Treatment of certain expenses associated with registered apprenticeship programs.--Any reference in this subsection to the term `qualified higher education expense' shall include a reference to expenses for fees, books, supplies, and equipment required for the participation of a designated beneficiary in an apprenticeship program registered and certified with the Secretary of Labor under section 1 of the National Apprenticeship Act (29 U.S.C. 50).''.

(b) Distributions for Qualified Education Loan Repayments.-- (1) In general.--Section 529(c) of such Code, as amended by subsection (a), is amended by adding at the end the following new paragraph: ``(9) Treatment of qualified education loan repayments.-- ``(A) In general.--Any reference in this subsection to the term `qualified higher education expense' shall include a reference to amounts paid as principal or interest on any qualified education loan (as defined in section 221(d)) of the designated beneficiary or a sibling of the designated beneficiary. ``(B) Limitation.--The amount of distributions treated as a qualified higher education expense under this paragraph with respect to the loans of any individual shall not exceed $10,000 (reduced by the amount of distributions so treated for all prior taxable years). ``(C) Special rules for siblings of the designated beneficiary.--

``(i) Separate accounting.--For purposes of subparagraph (B) and subsection (d), amounts treated as a qualified higher education expense with respect to the loans of a sibling of the designated beneficiary shall be taken into account with respect to such sibling and not with respect to such designated beneficiary. ``(ii) Sibling defined.--For purposes of this paragraph, the term `sibling' means an individual who bears a relationship to the designated beneficiary which is described in section 152(d)(2)(B).''. (2) Coordination with deduction for student loan interest.-- Section 221(e)(1) of such Code is amended by adding at the end the following: ``The deduction otherwise allowable under subsection (a) (prior to the application of subsection (b)) to the taxpayer for any taxable year shall be reduced (but not below zero) by so much of the distributions treated as a qualified higher education expense under section 529(c)(9) with respect to loans of the taxpayer as would be includible in gross income under section 529(c)(3)(A) for such taxable year but for such treatment.''.

(c) Effective Date.--The amendments made by this section shall apply to distributions made after December 31, 2018.

DESIGNATED BENEFICIARIES.

(a) Modification of Rules Where Employee Dies Before Entire Distribution.-- (1) In general.--Section 401(a)(9) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Special rules for certain defined contribution plans.--In the case of a defined contribution plan, if an employee dies before the distribution of the employee's entire interest-- ``(i) In general.--Except in the case of a beneficiary who is not a designated beneficiary, subparagraph (B)(ii)-- ``(I) shall be applied by substituting `10 years' for `5 years', and ``(II) shall apply whether or not distributions of the employee's interests have begun in accordance with subparagraph (A). ``(ii) Exception for eligible designated beneficiaries.--Subparagraph (B)(iii) shall apply only in the case of an eligible designated beneficiary. ``(iii) Rules upon death of eligible designated beneficiary.-- <<NOTE: Time period.>> If an eligible designated beneficiary dies before the portion of the employee's interest to which this subparagraph applies is entirely distributed, the exception under clause (ii) shall not apply to any beneficiary of such eligible designated beneficiary and the remainder of such portion shall be distributed within 10 years after the death of such eligible designated beneficiary.

``(iv) Special rule in case of certain trusts for disabled or chronically ill beneficiaries.--In the case of an applicable multi-beneficiary trust, if under the terms of the trust-- ``(I) it is to be divided immediately upon the death of the employee into separate trusts for each beneficiary, or ``(II) no individual (other than a eligible designated beneficiary described in subclause (III) or (IV) of subparagraph (E)(ii)) has any right to the employee's interest in the plan until the death of all such eligible designated beneficiaries with respect to the trust, for purposes of a trust described in subclause (I), clause (ii) shall be applied separately with respect to the portion of the employee's interest that is payable to any eligible designated beneficiary described in subclause (III) or (IV) of subparagraph (E)(ii); and, for purposes of a trust described in subclause (II), subparagraph (B)(iii) shall apply to the distribution of the employee's interest and any beneficiary who is not such an eligible designated beneficiary shall be treated as a beneficiary of the eligible designated beneficiary upon the death of such eligible designated beneficiary. ``(v) Applicable multi- beneficiary trust.--For purposes of this subparagraph, the term `applicable multi- beneficiary trust' means a trust-- ``(I) which has more than one beneficiary, ``(II) all of the beneficiaries of which are treated as designated beneficiaries for purposes of determining the distribution period pursuant to this paragraph, and ``(III) at least one of the beneficiaries of which is an eligible designated beneficiary described in subclause (III) or (IV) of subparagraph (E)(ii). ``(vi) Application to certain eligible retirement plans.--For purposes of applying the provisions of this subparagraph in determining amounts required to be distributed pursuant to this paragraph, all eligible retirement plans (as defined in section 402(c)(8)(B), other than a defined benefit plan described in clause (iv) or (v) thereof or a qualified trust which is a part of a defined benefit plan) shall be treated as a defined contribution plan.''. (2) Definition of eligible designated beneficiary.--Section 401(a)(9)(E) of such Code is amended to read as follows: ``(E) Definitions and rules relating to designated beneficiaries.--For purposes of this paragraph-- ``(i) Designated beneficiary.--The term `designated beneficiary' means any individual designated as a beneficiary by the employee. ``(ii) Eligible designated beneficiary.--The term `eligible designated beneficiary' means, with respect to any employee, any designated beneficiary who is-- ``(I) the surviving spouse of the employee,

``(II) subject to clause (iii), a child of the employee who has not reached majority (within the meaning of subparagraph (F)), ``(III) disabled (within the meaning of section 72(m)(7)), ``(IV) a chronically ill individual (within the meaning of section 7702B(c)(2), except that the requirements of subparagraph (A)(i) thereof shall only be treated as met if there is a certification that, as of such date, the period of inability described in such subparagraph with respect to the individual is an indefinite one which is reasonably expected to be lengthy in nature), or ``(V) an individual not described in any of the preceding subclauses who is not more than 10 years younger than the employee. The determination of whether a designated beneficiary is an eligible designated beneficiary shall be made as of the date of death of the employee. ``(iii) Special rule for children.--Subject to subparagraph (F), an individual described in clause (ii)(II) shall cease to be an eligible designated beneficiary as of the date the individual reaches majority and any remainder of the portion of the individual's interest to which subparagraph (H)(ii) applies shall be distributed within 10 years after such date.''.

(b) Effective Dates.-- (1) In general.--Except as provided in this subsection, the amendments made by this section shall apply to distributions with respect to employees who die after December 31, 2019. (2) Collective bargaining exception.--In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall apply to distributions with respect to employees who die in calendar years beginning after the earlier of-- (A) the later of-- (i) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof agreed to on or after the date of the enactment of this Act), or (ii) December 31, 2019, or (B) December 31, 2021. For purposes of subparagraph (A)(i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. (3) Governmental plans.--In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), paragraph (1) shall be applied by substituting ``December 31, 2021'' for ``December 31, 2019''. (4) Exception for certain existing annuity contracts.--

(A) In general.--The amendments made by this section shall not apply to a qualified annuity which is a binding annuity contract in effect on the date of enactment of this Act and at all times thereafter. (B) Qualified annuity.--For purposes of this paragraph, the term ``qualified annuity'' means, with respect to an employee, an annuity-- (i) which is a commercial annuity (as defined in section 3405(e)(6) of the Internal Revenue Code of 1986); (ii) under which the annuity payments are made over the life of the employee or over the joint lives of such employee and a designated beneficiary (or over a period not extending beyond the life expectancy of such employee or the joint life expectancy of such employee and a designated beneficiary) in accordance with the regulations described in section 401(a)(9)(A)(ii) of such Code (as in effect before such amendments) and which meets the other requirements of section 401(a)(9) of such Code (as so in effect) with respect to such payments; and (iii) with respect to which-- (I) annuity payments to the employee have begun before the date of enactment of this Act, and the employee has made an irrevocable election before such date as to the method and amount of the annuity payments to the employee or any designated beneficiaries; or (II) if subclause (I) does not apply, the employee has made an irrevocable election before the date of enactment of this Act as to the method and amount of the annuity payments to the employee or any designated beneficiaries. (5) Exception for certain beneficiaries.-- (A) In general.--If an employee dies before the effective date, then, in applying the amendments made by this section to such employee's designated beneficiary who dies after such date-- (i) such amendments shall apply to any beneficiary of such designated beneficiary; and (ii) the designated beneficiary shall be treated as an eligible designated beneficiary for purposes of applying section 401(a)(9)(H)(ii) of the Internal Revenue Code of 1986 (as in effect after such amendments). (B) Effective date.--For purposes of this paragraph, the term ``effective date'' means the first day of the first calendar year to which the amendments made by this section apply to a plan with respect to employees dying on or after such date.

(a) In General.--The second sentence of subsection (a) of section 6651 of the Internal Revenue Code of 1986 is amended by striking ``$330'' and inserting ``$435''.

(b) Inflation Adjustment.--Section 6651(j)(1) of such Code is amended by striking ``$330'' and inserting ``$435''.

(c) Effective Date.--The amendments made by this section shall apply to returns the due date for which (including extensions) is after December 31, 2019.

RETURNS.

(a) In General.--Subsection (e) of section 6652 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$25'' and inserting ``$250''; and (2) by striking ``$15,000'' and inserting ``$150,000''.

(b) Annual Registration Statement and Notification of Changes.-- Subsection (d) of section 6652 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$1'' both places it appears in paragraphs (1) and (2) and inserting ``$10''; (2) by striking ``$5,000'' in paragraph (1) and inserting ``$50,000''; and (3) by striking ``$1,000'' in paragraph (2) and inserting ``$10,000''.

(c) Failure To Provide Notice.--Subsection (h) of section 6652 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$10'' and inserting ``$100''; and (2) by striking ``$5,000'' and inserting ``$50,000''.

(d) Effective Date.--The amendments made by this section shall apply to returns, statements, and notifications required to be filed, and notices required to be provided, after December 31, 2019.

(a) In General.--Section 6103(o) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Taxes imposed by section 4481.--Returns and return information with respect to taxes imposed by section 4481 shall be open to inspection by or disclosure to officers and employees of United States Customs and Border Protection of the Department of Homeland Security whose official duties require such inspection or disclosure for purposes of administering such section.''.

(b) Conforming Amendments.--Paragraph (4) of section 6103(p) of the Internal Revenue Code of 1986 is amended by striking ``or (o)(1)(A)'' each place it appears and inserting ``, (o)(1)(A), or (o)(3)''.

UNEARNED INCOME OF CERTAIN CHILDREN.

(a) In General.--Section 1(j) of the Internal Revenue Code of 1986 is amended by striking paragraph (4). (b) Coordination With Alternative Minimum Tax.--Section 55(d)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i)(II), by striking the period

at the end of clause (ii)(III) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subsection (j) of section 59 shall not apply.''.

(c) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2019. (2) Coordination with alternative minimum tax.--The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 2017. (3) Elective retroactive application.--A taxpayer may elect (at such time and in such manner as the Secretary of the Treasury (or the Secretary's designee) may provide) for the amendment made by subsection (a) to also apply to taxable years of the taxpayer which begin in 2018, 2019, or both (as specified by the taxpayer in such election).

AMENDMENTS.

(a) In General.--If this section applies to any retirement plan or contract amendment-- (1) such retirement plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A); and (2) except as provided by the Secretary of the Treasury (or the Secretary's delegate), such retirement plan shall not fail to meet the requirements of section 411(d)(6) of the Internal Revenue Code of 1986 and section 204(g) of the Employee Retirement Income Security Act of 1974 by reason of such amendment.

(b) Amendments to Which Section Applies.-- (1) In general.--This section shall apply to any amendment to any retirement plan or annuity contract which is made-- (A) pursuant to any amendment made by this Act or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor (or a delegate of either such Secretary) under this Act; and (B) on or before the last day of the first plan year beginning on or after January 1, 2022, or such later date as the Secretary of the Treasury may prescribe. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), or an applicable collectively bargained plan in the case of section 401 (and the amendments made thereby), this paragraph shall be applied by substituting ``2024'' for ``2022''. For purposes of the preceding sentence, the term ``applicable collectively bargained plan'' means a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act. (2) Conditions.--This section shall not apply to any amendment unless-- (A) during the period--

(i) beginning on the date the legislative or regulatory amendment described in paragraph (1)(A) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan); and (ii) ending on the date described in paragraph (1)(B) (as modified by the second sentence of paragraph (1)) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (B) such plan or contract amendment applies retroactively for such period.

DIVISION P--OTHER MATTER

This title may be cited as the ``Platte River Recovery Implementation Program Extension Act''.

The purpose of this Act is to authorize the Secretary of the Interior, acting through the Commissioner of Reclamation and in partnership with the States, other Federal agencies, and other non- Federal entities, to continue the cooperative effort among the Federal and non-Federal entities through the continued implementation of the Platte River Recovery Implementation Program First Increment Extension for threatened and endangered species in the Central and Lower Platte River Basin without creating Federal water rights or requiring the grant of water rights to Federal entities.

In this Act: (1) Agreement.--The term ``Agreement'' means the Platte River Recovery Implementation Program Cooperative Agreement entered into by the Governors of the States and the Secretary, including an amendment or addendum to the Agreement to extend the Program. (2) First increment.--The term ``First Increment'' means the Program's first 13 years from January 1, 2007 through December 31, 2019. (3) First increment extension.--The term ``First Increment Extension'' means the extension of the Program for 13 years from January 1, 2020 through December 31, 2032. (4) Governance committee.--The term ``Governance Committee'' means the governance committee established under the Agreement and composed of members from the States, the Federal Government, environmental interests, and water users. (5) Interest in land or water.--The term ``interest in land or water'' includes fee title, short- or long-term easement, lease, or other contractual arrangement that is determined

to be necessary by the Secretary to implement the land and water components of the Program. (6) Program.--The term ``Program'' means the Platte River Recovery Implementation Program established under the Agreement and continued under an amendment or addendum to the Agreement. (7) Project or activity.--The term ``project or activity'' means-- (A) the planning, design, permitting, or other compliance activity, construction, construction management, operation, maintenance, and replacement of a facility; (B) the acquisition of an interest in land or water; (C) habitat restoration; (D) research and monitoring; (E) program administration; and (F) any other activity that is determined to be necessary by the Secretary to carry out the Program. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (9) States.--The term ``States'' means the States of Colorado, Nebraska, and Wyoming.

(a) Implementation of Program.-- (1) In general.--The Secretary, in cooperation with the Governance Committee, may-- (A) participate in the Program; and (B) carry out any projects and activities that are designated for implementation during the First Increment Extension. (2) Authority of the secretary.--For the purposes of carrying out this section, the Secretary, in cooperation with the Governance Committee, may-- (A) enter into agreements and contracts with Federal and non-Federal entities; (B) acquire interests in land, water, and facilities from willing sellers without the use of eminent domain; (C) subsequently transfer any interests acquired under subparagraph (B); and (D) accept or provide grants.

(b) Cost-Sharing Contributions.-- (1) In general.--As provided in the Agreement, the States shall contribute not less than 50 percent of the total contributions necessary to carry out the Program. (2) Non-federal contributions.--The following contributions shall constitute the States' share of the Program: (A) An additional $28,000,000 in non-Federal funds, with the balance of funds remaining to be contributed to be adjusted for inflation on October 1 of the year after the date of enactment of this Act and each October 1 thereafter. (B) Additional credit for contributions of water or land for the purposes of implementing the Program, as determined to be appropriate by the Secretary. (3) In-kind contributions.--The Secretary or the States may elect to provide a portion of the Federal share or non-

Federal share, respectively, in the form of in-kind goods or services, if the contribution of goods or services is approved by the Governance Committee, as provided in Attachment 1 of the Agreement.

(c) Authority To Modify Program.--The Program may be modified or amended before the completion of the First Increment Extension if the Secretary and the States determine that the modifications are consistent with the purposes of the Program.

(d) Effect.-- (1) Effect on reclamation laws.--No action carried out under this section shall, with respect to the acreage limitation provisions of the reclamation laws-- (A) be considered in determining whether a district (as the term is defined in section 202 of the Reclamation Reform Act of 1982 (43 U.S.C. 390bb)) has discharged the obligation of the district to repay the construction cost of project facilities used to make irrigation water available for delivery to land in the district; (B) serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of the construction obligations of the district; or (C) serve as the basis for increasing the construction repayment obligation of the district, which would extend the period during which the acreage limitation provisions would apply. (2) Effect on water rights.--Nothing in this section-- (A) creates Federal water rights; or (B) requires the grant of water rights to Federal entities.

(e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out projects and activities under this section an additional $78,000,000 as adjusted under paragraph (3). (2) Nonreimbursable federal expenditures.--Any amounts to be expended under paragraph (1) shall be considered nonreimbursable Federal expenditures. (3) Adjustment.--The balance of funds remaining to be expended shall be adjusted for inflation on October 1 of the year after the date of enactment of this Act and each October 1 thereafter. (4) Availability of funds.--At the end of each fiscal year, any unexpended funds for projects and activities made available under paragraph (1) shall be retained for use in future fiscal years to implement projects and activities under the Program. Any unexpended funds appropriated during the First Increment shall be retained and carried over from the First Increment into the First Increment Extension.

(f) Termination of Authority.--The authority for the Secretary to implement the First Increment Extension shall terminate on September 30, 2033.

ASSESSMENT, SCIENCE, AND RESEARCH.

(a) Definitions.--In this section:

(1) Director.--The term ``Director'' means the Director of the United States Geological Survey. (2) Great lakes basin.--The term ``Great Lakes Basin'' means the air, land, water, and living organisms in the United States within the drainage basin of the Saint Lawrence River at and upstream from the point at which such river and the Great Lakes become the international boundary between Canada and the United States.

(b) Findings.--Congress finds the following: (1) The Great Lakes support a diverse ecosystem, on which the vibrant and economically valuable Great Lakes fisheries depend. (2) To continue successful fisheries management and coordination, as has occurred since signing of the Convention on Great Lakes Fisheries between the United States and Canada on September 10, 1954, management of the ecosystem and its fisheries require sound, reliable science, and the use of modern scientific technologies. (3) Fisheries research is necessary to support multi- jurisdictional fishery management decisions and actions regarding recreational and sport fishing, commercial fisheries, tribal harvest, allocation decisions, and fish stocking activities. (4) President Richard Nixon submitted, and the Congress approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring science activities and management of marine fisheries to the National Oceanic and Atmospheric Administration. (5) Reorganization Plan No. 4 expressly excluded fishery research activities within the Great Lakes from the transfer, retaining management and scientific research duties within the already-established jurisdictions under the 1954 Convention on Great Lakes Fisheries, including those of the Great Lakes Fishery Commission and the Department of the Interior.

(c) Monitoring, Assessment, Science, and Research.-- (1) In general.--The Director may conduct monitoring, assessment, science, and research, in support of the binational fisheries within the Great Lakes Basin. (2) Specific authorities.--The Director shall, under paragraph (1)-- (A) execute a comprehensive, multi-lake, freshwater fisheries science program; (B) coordinate with and work cooperatively with regional, State, tribal, and local governments; and (C) consult with other interested entities groups, including academia and relevant Canadian agencies. (3) Included research.--To properly serve the needs of fisheries managers, monitoring, assessment, science, and research under this section may include-- (A) deepwater ecosystem sciences; (B) biological and food-web components; (C) fish movement and behavior investigations; (D) fish population structures; (E) fish habitat investigations; (F) invasive species science; (G) use of existing, new, and experimental biological assessment tools, equipment, vessels, other scientific instrumentation and laboratory capabilities necessary to support fishery management decisions; and

(H) studies to assess impacts on Great Lakes Fishery resources. (4) Savings clause.--Nothing in this section is intended or shall be construed to impede, supersede, or alter the authority of the Great Lakes Fishery Commission, States, and Indian tribes under the Convention on Great Lakes Fisheries between the United States of America and Canada on September 10, 1954, and the Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).

(d) Authorization of Appropriations.--For each of fiscal years 2021 through 2025, there is authorized to be appropriated $15,000,000 to carry out this section.

Congress finds the following: (1) Since 1999, the Morris K. Udall and Stewart L. Udall Foundation (referred to in this Act as the ``Foundation'') has operated the Parks in Focus program to provide opportunities for the youth of the United States to learn about and experience the Nation's parks and wilderness, and other outdoor areas. (2) Since 2001, the Foundation has conducted research and provided education and training to Native American and Alaska Native professionals and leaders on Native American and Alaska Native health care issues and tribal public policy through the Native Nations Institute for Leadership, Management, and Policy. (3) The Foundation is committed to continuing to make a substantial contribution toward public policy in the future by-- (A) playing a significant role in developing the next generation of environmental, public health, public lands, natural resource, and Native American leaders; and (B) working with current leaders to improve collaboration and decision-making on challenging environmental, energy, public health, and related economic problems and tribal governance and economic development issues.

(a) In General.--Section 4 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5602) is amended-- (1) in paragraph (2), by striking ``the Udall Center for Studies in Public Policy established at the University of Arizona in 1987'' and inserting ``the Udall Center for Studies in Public Policy established in 1987 at the University of Arizona, and includes the Native Nations Institute''; (2) by striking paragraph (6); (3) by redesignating paragraphs (3) through (5), (8), and (9) as paragraphs (4) through (6), (11), and (12), respectively; (4) by inserting after paragraph (2) the following: ``(3) the term `collaboration' means to work in partnership with other entities for the purpose of-- ``(A) resolving disputes;

``(B) addressing issues that may cause or result in disputes; or ``(C) streamlining and enhancing Federal, State, or tribal environmental and natural resource decision- making processes or procedures that may result in a dispute or conflict;''; (5) in paragraph (7), by striking ``section 1201(a)'' and inserting ``section 101(a)''; (6) by inserting after paragraph (7) the following: ``(8) the term `National Center' means the John S. McCain III National Center for Environmental Conflict Resolution established pursuant to section 7(a)(1)(B);''; and (7) by inserting after paragraph (8), as added by paragraph (6), the following: ``(9) the term `Nation's parks and wilderness' means units of the National Park System and components of the National Wilderness Preservation System; ``(10) the term `Native Nations Institute' means the Native Nations Institute for Leadership, Management, and Policy established at the University of Arizona in 2001;''.

(b) Conforming Amendment.--Section 3(5)(B) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5601(5)(B)) is amended by striking ``the United States Institute for Environmental Conflict Resolution'' and inserting ``the National Center (previously known as the United States Institute for Environmental Conflict Resolution)''. (c) References to United States Institute for Environmental Conflict Resolution.--Any reference to the United States Institute for Environmental Conflict Resolution in any Federal law, Executive Order, rule, delegation of authority, or document shall be construed to refer to the John S. McCain III National Center for Environmental Conflict Resolution established under section 7(a)(1)(B) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5605(a)(1)(B)).

FOUNDATION.

Section 5(e) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5603(e)) is amended by striking ``Arizona.'' and inserting ``Arizona and the District of Columbia.''.

Section 6 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5604) is amended-- (1) in paragraph (4), by striking ``establish a Program for Environmental Policy Research and Environmental Conflict Resolution and Training at the Center'' and inserting ``establish a program for environmental policy research at the Center and a program for environmental conflict resolution and training at the National Center''; (2) in paragraph (5), by inserting ``, natural resource, conflict resolution,'' after ``environmental''; (3) in paragraph (7)-- (A) by inserting ``at the Native Nations Institute'' after ``develop resources''; and (B) by inserting ``providing education to and'' after ``policy, by''; and (4) in paragraph (8)--

(A) by striking ``United States Institute for Environmental Conflict Resolution'' and inserting ``John S. McCain III National Center for Environmental Conflict Resolution''; and (B) by striking ``resolve environmental'' and inserting ``resolve environmental issues, conflicts, and''.

Section 7 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5605) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking subparagraphs (A) through (C) and inserting the following: ``(A) General programming authority.--The Foundation is authorized to identify and conduct, directly or by contract, such programs, activities, and services as the Foundation considers appropriate to carry out the purposes described in section 6, which may include-- ``(i) awarding scholarships, fellowships, internships, and grants, by national competition, to eligible individuals, as determined by the Foundation and in accordance with paragraphs (2), (3), and (4), for study in fields related to the environment or Native American and Alaska Native health care and tribal policy; ``(ii) funding the Center to carry out and manage other programs, activities, and services; and ``(iii) other education programs that the Board determines are consistent with the purposes for which the Foundation is established.''; (ii) by redesignating subparagraph (D) as subparagraph (B); and (iii) in subparagraph (B), as redesignated-- (I) in the subparagraph heading, by striking ``Institute for Environmental Conflict Resolution'' and inserting ``John s. mccain iii national center for environmental conflict resolution''; (II) in clause (i)-- (aa) in subclause (I), by striking ``United States Institute for Environmental Conflict Resolution'' and inserting ``John S. McCain III National Center for Environmental Conflict Resolution''; and (bb) in subclause (II)-- (AA) by inserting ``collaboration,'' after ``mediation,''; and (BB) by striking ``to resolve environmental disputes.'' and inserting the following: ``to resolve-- ``(aa) environmental disputes; and ``(bb) Federal, State, or tribal environmental or natural resource decision-making processes or procedures that may result in a dispute or conflict that may cause or result in disputes.''; and

(III) in clause (ii), by inserting ``collaboration,'' after ``mediation,''; (B) by striking paragraph (5); (C) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; (D) by inserting after paragraph (4) the following: ``(5) Parks in focus.--The Foundation shall-- ``(A) identify and invite the participation of youth throughout the United States to enjoy the Nation's parks and wilderness and other outdoor areas, in an education program intended to carry out the purpose of paragraphs (1) and (2) of section 6; and ``(B) provide training and education programs and activities to teach Federal employees, natural resource professionals, elementary and secondary school educators, and others to work with youth to promote the use and enjoyment of the Nation's parks and wilderness and other outdoor areas. ``(6) Specific programs.--The Foundation shall assist in the development and implementation of programs at the Center-- ``(A) to provide for an annual meeting of experts to discuss contemporary environmental issues; ``(B) to conduct environmental policy research; and ``(C) to promote dialogue with visiting policymakers on environmental, natural resource, and public lands issues.''; (E) in paragraph (7), as redesignated by subparagraph (C), by striking ``Morris K. Udall's papers'' and inserting ``the papers of Morris K. Udall and Stewart L. Udall''; and (F) by adding at the end the following: ``(9) Native nations institute.--The Foundation shall provide direct or indirect assistance to the Native Nations Institute from the annual appropriations to the Trust Fund in such amounts as Congress may direct to conduct research and provide education and training to Native American and Alaska Native professionals and leaders on Native American and Alaska Native health care issues and tribal public policy issues as provided in section 6(7).''; (2) by striking subsection (c) and inserting the following:

``(c) Program Priorities.-- ``(1) In general.--The Foundation shall determine the priority of the programs to be carried out under this Act and the amount of funds to be allocated for such programs from the funds earned annually from the interest derived from the investment of the Trust Fund, subject to paragraph (2). ``(2) Limitations.--In determining the amount of funds to be allocated for programs carried out under this Act for a year-- ``(A) not less than 50 percent of such annual interest earnings shall be utilized for the programs set forth in paragraphs (2), (3), (4), and (5) of subsection (a); ``(B) not more than 17.5 percent of such annual interest earnings shall be allocated for salaries and other administrative purposes; and

``(C) not less than 20 percent of such annual interest earnings shall be appropriated to the Center for activities under paragraphs (7) and (8) of subsection (a).''; and (3) by adding at the end the following:

``(d) Donations.--Any funds received by the Foundation in the form of donations or grants, as well as any unexpended earnings on interest from the Trust Fund that is carried forward from prior years-- ``(1) shall not be included in the calculation of the funds available for allocations pursuant to subsection (c); and ``(2) shall be available to carry out the provisions of this Act as the Board determines to be necessary and appropriate.''.

Section 10(b) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5607a(b)) is amended by striking ``Institute'' and inserting ``National Center''.

ENTITY.

Section 11 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5607b) is amended-- (1) in the section heading, by striking ``<SUP>the institute</SUP>'' and inserting ``<SUP>the national center</SUP>''; (2) in subsection (a)-- (A) by striking ``Institute'' and inserting ``National Center''; (B) by inserting ``collaboration,'' after ``mediation,''; and (C) by striking ``resources.'' and inserting ``resources, or with a Federal, State, or tribal process or procedure that may result in a dispute or conflict.''; (3) in subsection (b)(1), by striking ``Institute'' and inserting ``National Center''; (4) in subsection (c)-- (A) in paragraph (1), by striking ``Institute'' and inserting ``National Center''; (B) in paragraph (2)(C), by inserting ``mediation, collaboration, and'' after ``agree to''; and (C) in paragraph (3)(A), by striking ``Institute'' and inserting ``National Center''; (5) in each of paragraphs (1)(A) and (2) of subsection (d), by striking ``Institute'' and inserting ``National Center''; (6) in each of paragraphs (1) and (2) of subsection (e), by striking ``Institute'' and inserting ``National Center''; and (7) in subsection (f), by striking ``Institute'' and inserting ``National Center''.

Section 12 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5608) is amended-- (1) in subsection (a)-- (A) in paragraph (4), by striking ``accept, hold, administer, and utilize gifts'' and inserting ``accept, hold, solicit, administer, and utilize donations, grants, and gifts''; and (B) in paragraph (7), by striking ``in the District of Columbia or its environs'' and inserting ``in the District of Columbia and Tucson, Arizona, or their environs''; and

(2) in subsection (b), by striking ``, with the exception of paragraph (4), apply to the Institute'' and inserting ``apply to the National Center''.

Section 13 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5609) is amended-- (1) in subsection (a), by striking ``$40,000,000'' and inserting ``$2,000,000 for each of fiscal years 2020 through 2023''; and (2) in subsection (b), by striking ``fiscal years 2004 through 2008'' and inserting ``fiscal years 2020 through 2023''.

Not later than 2 years after the date of enactment of this Act, the Inspector General of the Department of the Interior shall conduct an audit of the Morris K. Udall and Stewart L. Udall Foundation.

This title may be cited as the ``White Horse Hill National Game Preserve Designation Act''.

NORTH DAKOTA.

(a) Redesignation.--The first section of the Act of March 3, 1931 (46 Stat. 1509, chapter 439; 16 U.S.C. 674a), is amended by striking ``Sullys Hill National Game Preserve'' and inserting ``White Horse Hill National Game Preserve''. (b) Conforming Amendment.--Section 2 of the Act of March 3, 1931 (46 Stat. 1509, chapter 439; 16 U.S.C. 674b), is amended by striking ``Sullys Hill National Game Preserve'' and inserting ``White Horse Hill National Game Preserve''. (c) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Sullys Hill National Game Preserve shall be considered to be a reference to the ``White Horse Hill National Game Preserve''.

ROBERTSON FUND FOR TOMORROW'S NEEDS.

(a) Short Title.--This title may be cited as the ``Modernizing the Pittman-Robertson Fund for Tomorrow's Needs Act''. (b) Purpose.--The first section of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669) is amended by adding at the end the following: ``One of the purposes of this Act is to provide financial and technical assistance to the States for the promotion of hunting and recreational shooting.''. (c) Definitions.--Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended-- (1) by redesignating paragraphs (2) through (9) as paragraphs (4) through (11), respectively; and

(2) by inserting after paragraph (1) the following: ``(2) for the purposes of determining the number of paid hunting-license holders in a State, the term `fiscal year' means the fiscal year or license year of the State; ``(3) the term `hunter recruitment and recreational shooter recruitment' means any activity or project to recruit or retain hunters and recreational shooters, including by-- ``(A) outreach and communications as a means-- ``(i) to improve communications with hunters, recreational shooters, and the general public with respect to hunting and recreational shooting opportunities; ``(ii) to reduce barriers to participation in these activities; ``(iii) to advance the adoption of sound hunting and recreational shooting practices; ``(iv) to promote conservation and the responsible use of the wildlife resources of the United States; and ``(v) to further safety in hunting and recreational shooting; ``(B) providing education, mentoring, and field demonstrations; ``(C) enhancing access for hunting and recreational shooting, including through range construction; and ``(D) providing education to the public about the role of hunting and recreational shooting in funding wildlife conservation;''.

(d) Apportionment of Available Amounts.-- (1) Apportionment of certain taxes.--The first subsection (c) of section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended-- (A) by inserting ``Apportionment of Revenues From Pistols, Revolvers, Bows, and Arrows.--'' after the enumerator; (B) by striking ``One-half'' and inserting the following: ``(1) In general.--Subject to paragraph (2), \1/2\''; (C) by striking ``: Provided, That'' and inserting a period; (D) by striking ``each State shall be apportioned not more than 3 per centum and not less than 1 per centum of such revenues'' and inserting the following: ``(2) Condition.--The amount apportioned to each State under paragraph (1) shall be not greater than 3 percent and not less than 1 percent of the revenues described in such paragraph''; (E) by striking ``For the purpose'' and inserting the following: ``(3) Population determination.--For the purpose''; and (F) by adding at the end the following: ``(4) Use of funds.--In addition to other uses authorized under this Act, amounts apportioned under this subsection may be used for hunter recruitment and recreational shooter recruitment.''. (2) Technical correction.--Section 4 of the Pittman- Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended-- (A) by redesignating the second subsection (c) and subsection (d) as subsections (d) and (e), respectively; and

(B) by striking ``subsection (c)'' in the redesignated section 4(e)(3) and replacing it with ``subsection (d), as redesignated''.

(e) Expenditures for Management of Wildlife Areas and Resources.-- Section 8 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g) is amended-- (1) in subsection (a), in the third sentence, by striking ``and public relations''; and (2) in subsection (b), in the first sentence, by striking ``, as a part of such program''.

(f) Firearm and Bow Hunter Education and Safety Program Grants.-- Section 10(a)(1)(A) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-1(a)(1)(A)) is amended-- (1) in clause (iii), by striking ``and'' at the end; and (2) by adding at the end the following: ``(v) the enhancement of hunter recruitment and recreational shooter recruitment; and''.

(g) Multistate Conservation Grant Program.-- (1) In general.--Section 11 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-2) is amended-- (A) in subsection (a)(1)-- (i) by striking ``Not more than'' and inserting the following: ``(A) In general.--Not more than''; and (ii) by adding at the end the following: ``(B) Availability for hunter and recreational shooter grants.--Not more than $5,000,000 of the revenues covered into the fund from any tax imposed under section 4161(b) of the Internal Revenue Code of 1986 for a fiscal year shall be available to the Secretary exclusively for making hunter recruitment and recreational shooter recruitment grants that promote a national hunting and shooting sport recruitment program, including related communication and outreach activities.''; (B) in the matter preceding subsection (b)(3)(A), by striking ``International''; (C) in the matter preceding subsection (c)(2)(A)(i), by striking ``International''; (D) in subsection (c)(2)(A)(i), by inserting ``or to recreational shooting activities'' after ``wildlife''; and (E) in subsection (d), by inserting ``or to recreational shooting activities'' after ``wildlife''. (2) Study.--Not later than 10 years after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall-- (A) review and evaluate the effects of the funds made available under subparagraph (B) of section 11(a)(1) of the Pittman- Robertson Wildlife Restoration Act (16 U.S.C. 669h- 2(a)(1)) (as added by paragraph (1)(A)(ii)) on funds available for wildlife conservation; and (B) submit a report describing the results of the review and evaluation under paragraph (1) to-- (i) the Committee on Environment and Public Works of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives.

This title may be cited as the ``John F. Kennedy Center Reauthorization Act of 2019''.

Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76r), as amended by the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2020, is further amended by striking subsections (a) and (b) and inserting the following: ``(a) Maintenance, Repair, and Security.--There are authorized to be appropriated to the Board to carry out section 4(a)(1)(H)-- ``(1) $25,690,000 for fiscal year 2020; ``(2) $27,000,000 for fiscal year 2021; ``(3) $28,000,000 for fiscal year 2022; ``(4) $29,000,000 for fiscal year 2023; and ``(5) $30,000,000 for fiscal year 2024.

``(b) Capital Projects.--There are authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 4(a)(1)-- ``(1) $17,800,000 for fiscal year 2020; ``(2) $18,000,000 for fiscal year 2021; ``(3) $19,000,000 for fiscal year 2022; ``(4) $20,000,000 for fiscal year 2023; and ``(5) $21,000,000 for fiscal year 2024.''.

KENNEDY CENTER FOR THE PERFORMING ARTS.

(a) Sense of Congress.--It is the sense of Congress that the John F. Kennedy Center for the Performing Arts (referred to in this Act as the ``Center'')-- (1) recognize the year 2021 as the 50th anniversary of the opening of the Center; (2) acknowledge and commemorate the mission of the Center as a national center for the performing arts and a national memorial to President John F. Kennedy; and (3) recognize that the year 2018 is the 60th anniversary of the signing of the National Cultural Center Act (now known as the ``John F. Kennedy Center Act'') (20 U.S.C. 76h et seq.), signed into law by President Dwight D. Eisenhower on September 2, 1958.

(b) Authorization for Plaque.-- (1) In general.--The Center shall place within the Center a plaque containing an inscription to commemorate the 60th anniversary of the signing of the National Cultural Center Act (20 U.S.C. 76h et seq.) by President Dwight D. Eisenhower. (2) Specifications.--The plaque shall be-- (A)(i) not less than 6 square feet in size; and (ii) not more than 18 square feet in size; (B) of any shape that the Trustees of the Center determine to be appropriate; and (C) placed at a location within the Center approximate to the Eisenhower Theater that the Trustees of the Center determine to be appropriate. (3) Funding.--

(A) In general.--No Federal funds may be used to design, procure, or install the plaque. (B) Exception.--Subparagraph (A) shall not affect the payment of salaries, expenses, and benefits otherwise authorized by law for members and employees of the Center who participate in carrying out this subsection. (4) Private fundraising authorized.-- (A) In general.--The Center may solicit and accept private contributions for the design, procurement, and installation of the plaque. (B) Accounting.--The Center may-- (i) establish an account into which any contributions received pursuant to subparagraph (A) shall be deposited; and (ii) maintain documentation of any contributions received pursuant to subparagraph (A).

This title may be cited as the ``Preserving America's Battlefields Act''.

ACQUISITION GRANT PROGRAM.

Section 308103(f) of title 54, United States Code, is amended by striking ``$10,000,000 for each of fiscal years 2012 and 2013'' and inserting ``$18,000,000 for each of fiscal years 2020 through 2028''.

MODERNIZATION GRANT PROGRAM AND BATTLEFIELD RESTORATION GRANT PROGRAM.

(a) Establishment of Battlefield Grant Programs.--Chapter 3081 of title 54, United States Code, is amended by adding at the end the following: ``Sec. 308104. Battlefield interpretation modernization grant program

``(a) Establishment.--The Secretary shall establish a battlefield interpretation modernization grant program under which the Secretary may provide competitive grants to States, Tribes, local governments, and nonprofit organizations for projects and programs that deploy technology to modernize battlefield interpretation and education. ``(b) Eligible Sites.--The Secretary may make grants under this section for Revolutionary War, War of 1812, and Civil War battlefield sites eligible for assistance under the battlefield acquisition grant program established under section 308103(b). ``(c) Federal Share.--The Federal share of the cost of a project or program funded through a grant provided under the program established under subsection (a) shall be not more than 50 percent of the total cost of the applicable project or program.

``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to provide grants under this section $1,000,000 for each of fiscal years 2020 through 2028. ``Sec. 308105. Battlefield restoration grant program

``(a) Establishment.--The Secretary shall establish a battlefield restoration grant program (referred to in this section as the `program') under which the Secretary may provide grants to States, Tribes, local governments, and nonprofit organizations for projects that restore day- of-battle conditions on land preserved under the battlefield acquisition grant program established under section 308103(b). ``(b) Eligible Sites.--The Secretary may make grants under this section for Revolutionary War, War of 1812, and Civil War battlefield sites eligible for assistance under the battlefield acquisition grant program established under section 308103(b). ``(c) Federal Share.--The Federal share of the cost of a restoration project funded through a grant provided under the program shall be not more than 50 percent of the total cost of the project. ``(d) Restoration Standards.--All restoration work carried out through a grant awarded under the program shall be performed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties under part 68 of title 36, Code of Federal Regulations (or successor regulations). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to provide grants under this section $1,000,000 for each of fiscal years 2020 through 2028.''. (b) Clerical Amendment.--The analysis for chapter 3081 of title 54, United States Code, is amended by adding at the end the following:

``308104. Battlefield interpretation modernization grant program. ``308105. Battlefield restoration grant program.''.

LIST OF DISEASES FOR WHICH PRESUMPTION OF SERVICE-CONNECTION IS WARRANTED FOR PURPOSES OF DISABILITY COMPENSATION BY REASON OF HAVING POSITIVE ASSOCIATION WITH EXPOSURE TO AN HERBICIDE AGENT.

(a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Director of the Office of Management and Budget, shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the status of any efforts of the Secretary to determine whether to promulgate new regulations to add to the list of diseases for which a presumption of

service-connection is warranted for purposes of section 1110 of title 38, United States Code, by reason of having positive association with exposure to an herbicide agent.

(b) Contents.--The report submitted under subsection (a) shall include the following: (1) A detailed explanation of any delays in making a determination described in such subsection. (2) An estimate of the cost of adding to the list of diseases described in such subsection. (3) The date the Secretary anticipates on which the Secretary will promulgate new regulations as described in such subsection.

(c) Definition of Herbicide Agent.--For purposes of this section, the term ``herbicide agent'' has the meaning given such term in section 1116 of title 38, United States Code.

This title may be cited as the ``Disaster Recovery Workforce Act''.

Section 6(d)(3) of the Joint Resolution entitled ``A Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes'' (48 U.S.C. 1806(d)(3)) is amended by adding at the end the following: ``(E) Typhoon recovery.-- ``(i) Permits for construction workers.-- Notwithstanding any numerical cap set forth in subparagraph (B) for each of fiscal years 2020, 2021, and 2022, the Secretary of Homeland Security shall increase by 3,000, for each such fiscal year, the total number of permits available under this subsection for Construction and Extraction Occupations (as defined by the Department of Labor as Standard Occupational Classification Group 47- 0000). ``(ii) Permit requirements.--The Secretary may only issue a permit made available under clause (i) to a prospective employer if the permit is for an alien who-- ``(I) is a national of a country designated eligible to participate in the program under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during calendar year 2018; and ``(II) is performing service or labor pursuant to a contract or subcontract for construction, repairs, renovations, or facility services directly connected to, or associated with recovery from a presidentially declared major disaster or emergency (as those terms are defined in section 102

of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), or for preparation for a future disaster or emergency. ``(iii) Exception for construction workers.-- Subparagraph (D)(v) shall not apply to a permit made available under clause (i) for any fiscal year described in such clause.''.

This title may be cited as the ``Television Viewer Protection Act of 2019''.

(a) In General.--Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended-- (1) in paragraph (2)(C)-- (A) by striking ``until December 31, 2019,''; and (B) by striking ``antenna,'' and all that follows and inserting ``antenna under the statutory license of section 119 of title 17, United States Code;''; and (2) in paragraph (3)(C), by striking ``until January 1, 2020,'' each place it appears.

(b) Conforming Amendment.--Section 325(b)(2) of the Communications Act of 1934 (47 U.S.C. 325(b)(2)) is amended by striking ``, the term `unserved household' has the meaning given that term under section 119(d) of such title''.

MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS.

(a) Satisfaction of Good Faith Negotiation Requirement.--Section 325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended-- (1) in clause (iv), by striking ``; and'' and inserting a semicolon; (2) in clause (v), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(vi) not later than 90 days after the date of the enactment of the Television Viewer Protection Act of 2019, specify that-- ``(I) a multichannel video programming distributor may satisfy its obligation to negotiate in good faith under clause (iii) with respect to a negotiation for retransmission consent under this section with a large station group by designating a qualified MVPD buying group to negotiate on its behalf, so long as the qualified MVPD buying group itself negotiates in good faith in accordance with such clause; ``(II) it is a violation of the obligation to negotiate in good faith under clause (iii) for the qualified MVPD buying group to disclose the prices, terms, or conditions of an ongoing negotiation or the final terms of a negotiation to a member of the qualified MVPD buying group that is not intending, or is unlikely, to enter into the final

terms negotiated by the qualified MVPD buying group; and ``(III) a large station group has an obligation to negotiate in good faith under clause (ii) with respect to a negotiation for retransmission consent under this section with a qualified MVPD buying group.''.

(b) Definitions.--Section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7)) is amended-- (1) in subparagraph (A), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(C) `qualified MVPD buying group' means an entity that, with respect to a negotiation with a large station group for retransmission consent under this section-- ``(i) negotiates on behalf of two or more multichannel video programming distributors-- ``(I) none of which is a multichannel video programming distributor that serves more than 500,000 subscribers nationally; and ``(II) that do not collectively serve more than 25 percent of all households served by a multichannel video programming distributor in any single local market in which the applicable large station group operates; and ``(ii) negotiates agreements for such retransmission consent-- ``(I) that contain standardized contract provisions, including billing structures and technical quality standards, for each multichannel video programming distributor on behalf of which the entity negotiates; and ``(II) under which the entity assumes liability to remit to the applicable large station group all fees received from the multichannel video programming distributors on behalf of which the entity negotiates; ``(D) `large station group' means a group of television broadcast stations that-- ``(i) are directly or indirectly under common de jure control permitted by the regulations of the Commission; ``(ii) generally negotiate agreements for retransmission consent under this section as a single entity; and ``(iii) include only television broadcast stations that have a national audience reach of more than 20 percent; ``(E) `local market' has the meaning given such term in section 122(j) of title 17, United States Code; and ``(F) `multichannel video programming distributor' has the meaning given such term in section 602.''.

(c) Conforming Amendments.--Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended-- (1) in paragraph (2), by striking ``, and the term `local market' has the meaning given that term in section 122(j) of such title''; and (2) in paragraph (3)(C), by striking ``(as defined in section 122(j) of title 17, United States Code)'' each place it appears.

(d) Effective Date.--The amendments made by this section, and the regulations promulgated by the Federal Communications Commission under such amendments, shall not take effect before January 1 of the calendar year after the calendar year in which this Act is enacted.

(a) In General.--Part IV of title VI of the Communications Act of 1934 (47 U.S.C. 551 et seq.) is amended by adding at the end the following: ``SEC. 642. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.

``(a) Consumer Rights in Sales.-- ``(1) Right to transparency.--Before entering into a contract with a consumer for the provision of a covered service, a provider of a covered service shall provide the consumer, by phone, in person, online, or by other reasonable means, the total monthly charge for the covered service, whether offered individually or as part of a bundled service, selected by the consumer (explicitly noting the amount of any applicable promotional discount reflected in such charge and when such discount will expire), including any related administrative fees, equipment fees, or other charges, a good faith estimate of any tax, fee, or charge imposed by the Federal Government or a State or local government (whether imposed on the provider or imposed on the consumer but collected by the provider), and a good faith estimate of any fee or charge that is used to recover any other assessment imposed on the provider by the Federal Government or a State or local government. ``(2) Right to formal notice.--A provider of a covered service that enters into a contract described in paragraph (1) shall, not later than 24 hours after entering into the contract, send the consumer, by email, online link, or other reasonably comparable means, a copy of the information described in such paragraph. ``(3) Right to cancel.--A provider of a covered service that enters into a contract described in paragraph (1) shall permit the consumer to cancel the contract, without paying early cancellation fees or other disconnection fees or penalties, during the 24-hour period beginning when the provider of the covered service sends the copy required by paragraph (2).

``(b) Consumer Rights in e-billing.--If a provider of a covered service provides a bill to a consumer in an electronic format, the provider shall include in the bill-- ``(1) an itemized statement that breaks down the total amount charged for or relating to the provision of the covered service by the amount charged for the provision of the service itself and the amount of all related taxes, administrative fees, equipment fees, or other charges; ``(2) the termination date of the contract for the provision of the covered service entered into between the consumer and the provider; and ``(3) the termination date of any applicable promotional discount.

``(c) Consumer Rights to Accurate Equipment Charges.--A provider of a covered service or fixed broadband internet access service may not charge a consumer for-- ``(1) using covered equipment provided by the consumer; or ``(2) renting, leasing, or otherwise providing to the consumer covered equipment if-- ``(A) the provider has not provided the equipment to the consumer; or ``(B) the consumer has returned the equipment to the provider, except to the extent that the charge relates to the period beginning on the date when the provider provided the equipment to the consumer and ending on the date when the consumer returned the equipment to the provider.

``(d) Definitions.--In this section: ``(1) Broadband internet access service.--The term `broadband internet access service' has the meaning given such term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. ``(2) Covered equipment.--The term `covered equipment' means equipment (such as a router) employed on the premises of a person (other than a provider of a covered service or fixed broadband internet access service) to provide a covered service or to provide fixed broadband internet access service. ``(3) Covered service.--The term `covered service' means service provided by a multichannel video programming distributer, to the extent such distributor is acting as a multichannel video programming distributor.''.

(b) Effective Date.-- Section 642 of the Communications Act of 1934, as added by subsection (a) of this section, shall apply beginning on the date that is 6 months after the date of the enactment of this Act. The Federal Communications Commission may grant an additional 6-month extension if the Commission finds that good cause exists for such an additional extension.

This title may be cited as the ``Satellite Television Community Protection and Promotion Act of 2019''.

SATELLITE LICENSE.

(a) In General.--Section 119 of title 17, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A)-- (I) by striking ``signals, and'' and inserting ``signals,'';

(II) by inserting ``, and the carrier provides local-into-local service to all DMAs'' after ``receiving the secondary transmission''; and (III) by adding at the end the following new sentence: ``Failure to reach an agreement with a network station to retransmit the signals of the station shall not be construed to affect compliance with providing local-into- local service to all DMAs if the satellite carrier has the capability to retransmit such signals when an agreement is reached.''; and (ii) in subparagraph (B)-- (I) by striking clauses (ii) and (iii); (II) by adding at the end the following: ``(ii) Short markets.--In the case of secondary transmissions to households located in short markets, subject to clause (i), the statutory license shall be further limited to secondary transmissions of only those primary transmissions of network stations that embody the programming of networks not offered on the primary stream or the multicast stream transmitted by any network station in that market.''; (B) by striking paragraphs (3), (6)(E), (9), (10), and (13); and (C) by redesignating paragraphs (4), (5), (6), (7), (8), (11), (12), and (14) as paragraphs (3) through (10), respectively; (2) in subsection (c)(1)(E)-- (A) by striking the comma after ``in the agreement''; (B) by striking ``until December 31, 2019, or''; and (C) by striking ``, whichever is later'' and inserting ``until the subscriber for which the royalty is payable is no longer eligible to receive a secondary transmission pursuant to the license under this section''; (3) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (D), by striking ``subsection (a)(11)'' and inserting ``subsection (a)(8)''; (ii) by striking subparagraphs (A), (B), (C), and (E); (iii) by redesignating subparagraph (D) as subparagraph (A); and (iv) by adding at the end the following: ``(B) is a subscriber located in a short market.''; (B) by striking paragraph (13); (C) by redesignating paragraphs (14) and (15) as paragraphs (13) and (14), respectively; and (D) by adding at the end the following: ``(15) Local-into-local service to all dmas.--The term `local-into-local service to all DMAs' has the meaning given such term in subsection (f)(7). ``(16) Short market.--The term `short market' means a local market in which programming of one or more of the four most widely viewed television networks nationwide is not offered on either the primary stream or multicast stream transmitted by any network station in that market or is temporarily

or permanently unavailable as a result of an act of god or other force majeure event beyond the control of the carrier.''; (4) by striking subsections (e) and (h); (5) in subsection (g)(7), by inserting ``, except for designated market areas where the entity is temporarily or permanently unable to provide local service as a result of an act of god or other force majeure event beyond the control of the entity'' after ``section 122''; and (6) by redesignating subsections (f) and (g) as subsections (e) and (f).

(b) Previously Covered Subscribers Under the STELA Reauthorization Act of 2014.-- (1) <<NOTE: Eligibility. Termination date. 17 USC 119 note.>> In general.--A subscriber of a satellite carrier who receives the secondary transmission of a network station under the statutory license in section 119 of title 17, United States Code, as in effect on the day before the date of the enactment of this Act, and to whom subsection (a)(2)(B) of such section, as amended by subsection (a), does not apply, shall continue to be eligible to receive that secondary transmission from such carrier under such license, and at the royalty rate established for such license by the Copyright Royalty Board or voluntary agreement, as applicable, until the date that is the earlier of-- (A) May 31, 2020; or (B) the date on which such carrier provides local- into-local service to all DMAs. (2) Definitions.--In this subsection, the terms ``satellite carrier'', ``subscriber'', ``secondary transmission'', ``network station'', and ``local-into-local service to all DMAs'' have the meaning given those terms in section 119 of title 17, United States Code.

(c) Conforming Amendments.--Title 17, United States Code, is further amended-- (1) in section 119, as amended by subsection (a)-- (A) in subsection (a)-- (i) in paragraph (1), by striking ``paragraphs (4), (5), and (7)'' and inserting ``paragraphs (3), (4), and (6)''; and (ii) in paragraph (2), by striking ``paragraphs (4), (5), (6), and (7)'' and inserting ``paragraphs (3), (4), (5), and (6)''; and (B) in subsection (f), as so redesignated, by striking ``subsection (a)(7)(B)'' each place it appears and inserting ``subsection (a)(5)(B)''; and (2) in section 501(e), by striking ``section 119(a)(5)'' and inserting ``section 119(a)(3)''.

FISHERY.

The Secretary of Commerce shall forgive the interest accrued on the Groundfish Trawl fishery sub-loan regarding fishing capacity reduction in the West Coast groundfish fishery authorized by section 212 of division B, title II, of Public Law 108-7 from December 4, 2003, through September 8, 2005, and the portion of additional

interest accrued in the Groundfish Trawl fishery sub-loan since September 8, 2005, that is directly attributable to the delay in implementing a repayment system. The Secretary of the Treasury shall make available, out of any funds in the Treasury not otherwise appropriated, such sums necessary for any loan modification under this provision.

This title may be cited as the ``Temporary Relief from Certain ERISA Requirements Act of 2020''.

(a) In General.--Section 408 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108) is amended by adding at the end the following: ``(h) Provision of Pharmacy Benefit Services.-- ``(1) In general.--Provided that all of the conditions described in paragraph (2) are met, the restrictions imposed by subsections (a), (b)(1), and (b)(2) of section 406 shall not apply to-- ``(A) the offering of pharmacy benefit services to a group health plan that is sponsored by an entity described in section 3(37)(G)(vi) or to any other group health plan that is sponsored by a regional council, local union, or other labor organization affiliated with such entity; ``(B) the purchase of pharmacy benefit services by plan participants and beneficiaries of a group health plan that is sponsored by an entity described in section 3(37)(G)(vi) or of any other group health plan that is sponsored by a regional council, local union, or other labor organization affiliated with such entity; or ``(C) the operation or implementation of pharmacy benefit services by an entity described in section 3(37)(G)(vi) or by any other group health plan that is sponsored by a regional council, local union, or other labor organization affiliated with such entity, in any arrangement where such entity described in section 3(37)(G)(vi) or any related organization or subsidiary of such entity provides pharmacy benefit services that include prior authorization and appeals, a retail pharmacy network, pharmacy benefit administration, mail order fulfillment, formulary support, manufacturer payments, audits, and specialty pharmacy and goods, to any such group health plan. ``(2) Conditions.--The conditions described in this paragraph are the following: ``(A) The terms of the arrangement are at least as favorable to the group health plan as such group health plan could obtain in a similar arm's length arrangement with an unrelated third party. ``(B) At least 50 percent of the providers participating in the pharmacy benefit services offered by the arrangement are unrelated to the contributing employers or any

other party in interest with respect to the group health plan. ``(C) The group health plan retains an independent fiduciary who will be responsible for monitoring the group health plan's consultants, contractors, subcontractors, and other service providers for purposes of pharmacy benefit services described in paragraph (1) offered by such entity or any of its related organizations or subsidiaries and monitors the transactions of such entity and any of its related organizations or subsidiaries to ensure that all conditions of this exemption are satisfied during each plan year. ``(D) Any decisions regarding the provision of pharmacy benefit services described in paragraph (1) are made by the group health plan's independent fiduciary, based on objective standards developed by the independent fiduciary in reliance on information provided by the arrangement. ``(E) The independent fiduciary of the group health plan provides an annual report to the Secretary and the congressional committees of jurisdiction attesting that the conditions described in subparagraphs (C) and (D) have been met for the applicable plan year, together with a statement that use of the arrangement's services are in the best interest of the participants and beneficiaries in the aggregate for that plan year compared to other similar arrangements the group health plan could have obtained in transactions with an unrelated third party. ``(F) The arrangement is not designed to benefit any party in interest with respect to the group health plan. ``(3) Violations.--In the event an entity described in section 3(37)(G)(vi) or any affiliate of such entity violates any of the conditions of such exemption, such exemption shall not apply with respect to such entity or affiliate and all enforcement and claims available under this Act shall apply with respect to such entity or affiliate. ``(4) Rule of construction.--Nothing in this subsection shall be construed to modify any obligation of a group health plan otherwise set forth in this Act. ``(5) Group health plan.--In this subsection, the term `group health plan' has the meaning given such term in section 733(a).''.

(b) Amendment to Internal Revenue Code of 1986.--Subsection (c) of section 4975 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Special rule for provision of pharmacy benefit services.--Any party to an arrangement which satisfies the requirements of section 408(h) of the Employee Retirement Income Security Act of 1974 shall be exempt from the tax imposed by this section with respect to such arrangement.''.

(c) Applicability.-- With respect to a group health plan subject to subsection (h) of section 408 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108) (as amended by subsection (a)) and subsection (c) of section 4975 of the Internal Revenue Code of 1986 (as amended by subsection (b)), beginning at the end of the fifth plan year of such group health plan that begins after the date of enactment of this Act, such subsection (h) of such section 408 and such subsection (c) of such shall have no force or effect.

This title may be cited as the ``Library of Congress Technical Corrections Act of 2019''.

Section 4 of the American Folklife Preservation Act (20 U.S.C. 2103) is amended-- (1) in subsection (b)(1)(D)-- (A) in the matter preceding clause (i), by striking ``seven'' and inserting ``nine''; (B) in clause (vi), by striking ``and'' after the semicolon; (C) in clause (vii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(viii) the Secretary of Veterans Affairs; and ``(ix) the Director of the Institute of Museum and Library Services.''; and (2) in subsection (f), by striking the second sentence and inserting the following: ``The rate of basic pay of the Director shall be fixed in accordance with section 5376(b) of title 5, United States Code.''.

DISABLED.

(a) In General.--The Act entitled ``An Act to provide books for the adult blind'', approved March 3, 1931 (2 U.S.C. 135a et seq.), is amended to read as follows: ``SECTION 1. NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT DISABLED.

``(a) Accessible Materials and Reproducers.-- ``(1) In general.--The Librarian of Congress is authorized to provide to eligible persons who are residents of the United States (including residents of the several States, insular possessions, and the District of Columbia) and to eligible persons who are United States citizens residing outside the United States the following items: ``(A) Literary works published in raised characters, on sound-reproduction recordings, or in any other accessible format. ``(B) Musical scores, instructional texts, and other specialized materials used in furthering educational, vocational, and cultural opportunities in the field of music published in any accessible format. ``(C) Reproducers for such formats. ``(2) Ownership.--Any item provided under paragraph (1) shall be provided on a loan basis and shall remain the property of the Library of Congress.

``(b) Lending Preference.--In the lending of items under subsection (a), the Librarian shall at all times give preference to-- ``(1) the needs of the blind and visually disabled; and ``(2) the needs of eligible persons who have been honorably discharged from the Armed Forces of the United States.

``(c) Network.--The Librarian of Congress may contract or otherwise arrange with such public or other nonprofit libraries, agencies, or organizations as the Librarian may determine appropriate to serve as local or regional centers for the circulation of items described in subsection (a)(1). ``(d) International Service.--The Librarian of Congress is authorized to provide items described in subparagraphs (A) and (B) of subsection (a)(1) to authorized entities located in a country that is a party to the Marrakesh Treaty, if any such items are delivered to authorized entities through online, not physical, means. The Librarian may contract or otherwise arrange with such authorized entities to deliver such items to eligible persons located in their countries in any accessible format and consistent with section 121A of title 17, United States Code. ``(e) Contracting Preference.--In the purchase and maintenance of items described in subsection (a), the Librarian of Congress, without regard to section 6101 of title 41, United States Code, shall give preference to nonprofit institutions or agencies whose activities are primarily concerned with the blind and with other physically disabled persons, in all cases where, considering all the circumstances and needs involved, the Librarian determines that the prices submitted are fair and reasonable.

``(f) Regulations.--The Librarian of Congress shall prescribe regulations for services under this section, in consultation with eligible persons and authorized entities. Such regulations shall include procedures that shall be used by an individual to establish that the individual is an eligible person.

``(g) Definitions.--In this section-- ``(1) the terms `accessible format', `authorized entity', and `eligible person' have the meanings given those terms in section 121 of title 17, United States Code; and ``(2) the term `Marrakesh Treaty' has the meaning given in section 121A of such title 17.

``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''. (b) Conforming Amendment.--The Act entitled ``An Act to establish in the Library of Congress a library of musical scores and other instructional materials to further educational, vocational, and cultural opportunities in the field of music for blind persons'', approved October 9, 1962 (2 U.S.C. 135a-1), is repealed.

EXECUTIVE POSITIONS.

(a) Executive Schedule Positions.-- (1) Deputy librarian of congress.--Paragraph (2) of section 904 of the Supplemental Appropriations Act, 1983 (2 U.S.C. 136a- 2) is amended to read as follows: ``(2) the Deputy Librarian of Congress shall be compensated at the greater of the rate of pay in effect for level III of the Executive Schedule under section 5314 of title 5, United States Code, or the maximum annual rate of basic pay payable under section 5376 of such title for positions at agencies with a performance appraisal system certified under section 5307(d) of such title.''.

(2) Director, congressional research service.--The second sentence of section 203(c)(1) of the Legislative Reorganization Act of 1946 (2 U.S.C. 166(c)(l)) is amended to read as follows: ``The Director shall be compensated at the greater of the rate of pay in effect for level III of the Executive Schedule under section 5314 of title 5, United States Code, or the maximum annual rate of basic pay payable under section 5376 of such title for positions at agencies with a performance appraisal system certified under section 5307(d) of such title.''. (3) Register of copyrights.--The first sentence of section 701(f) of title 17, United States Code, is amended to read as follows: ``The Register of Copyrights shall be compensated at the greater of the rate of pay in effect for level III of the Executive Schedule under section 5314 of title 5 or the maximum annual rate of basic pay payable under section 5376 of such title for positions at agencies with a performance appraisal system certified under section 5307(d) of such title.''.

(b) References to GS Grades 16, 17, and 18 and Senior Level Classification.-- (1) Congressional research service.--Section 203(c)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 166(c)(2)) is amended-- (A) in the second sentence of the matter preceding subparagraph (A), by deleting ``subchapter III'' and all that follows through ``such title.'' and inserting ``section 5376 of title 5, United States Code.''; and (B) in subparagraph (B), by striking ``may be placed in GS-16, 17, and 18'' and all that follows through the period at the end and inserting ``may be classified above GS-15 in accordance with section 5108(c) of title 5, United States Code, and the rate of basic pay for such positions may be fixed in accordance with section 5376 of such title, subject to the prior approval of the Joint Committee on the Library.''. (2) U.s. copyright office.--Section 701(f) of title 17, United States Code, is amended by striking the last sentence and inserting ``The rate of basic pay for each Associate Register of Copyrights shall be fixed in accordance with section 5376 of title 5.''.

(a) Removal of Cap on Personnel.--Chapter 8 of title 17, United States Code, is amended-- (1) in section 802-- (A) in subsection (b), by striking ``3''; and (B) in subsection (e), by striking paragraph (2) and inserting the following: ``(2) Staff members.--Staff members appointed under subsection (b) shall be compensated at a rate not more than the basic rate of pay payable for level 10 of GS-15 of the General Schedule.''; and (2) in section 803(e)(1)(A), by striking ``3''.

(b) Effective Date.--The amendments made by this section shall take effect with respect to fiscal year 2020 and each fiscal year thereafter.

This title may be cited as the ``Legislative Branch Inspectors General Independence Act of 2019''.

(a) Library of Congress.--Section 1307 of the Legislative Branch Appropriations Act, 2006 (2 U.S.C. 185) is amended-- (1) in subsection (c)-- (A) in the subsection heading, by inserting ``; Pay; Limits on Bonuses; Counsel'' after ``Removal''; (B) by striking paragraph (2) and inserting the following: ``(2) Removal or transfer.-- ``(A) In general.--The Inspector General may be removed from office, or transferred to another position within, or another location of, the Library of Congress, by the Librarian of Congress. ``(B) Notice.--Not later than 30 days before the Librarian of Congress removes or transfers the Inspector General under subparagraph (A), the Librarian of Congress shall communicate in writing the reason for the removal or transfer to-- ``(i) the Committee on House Administration and the Committee on Appropriations of the House of Representatives; and ``(ii) the Committee on Rules and Administration and the Committee on Appropriations of the Senate.

``(C) Applicability.--Nothing in this paragraph shall prohibit a personnel action (except for removal or transfer) that is otherwise authorized by law.''; and (C) by adding at the end the following: ``(3) Pay.-- ``(A) In general.--The position of Inspector General shall-- ``(i) be classified as a position above GS-15 in accordance with section 5108 of title 5, United States Code; and ``(ii) have a rate of basic pay that is not less than the average rate of basic pay of all other employees in positions classified as above GS-15 of the Library of Congress calculated on an annual basis. ``(B) Adjustments.--The Librarian of Congress shall establish the amount of the annual adjustment in the rate of basic pay for the Inspector General in an amount equal to the average of the annual adjustments in the rate of basic pay provided to all other employees in positions classified as above GS-15 of the Library of Congress, in a manner consistent with section 5376 of title 5, United States Code. ``(4) No bonuses.--The Inspector General may not receive any cash award or cash bonus, including a cash award under chapter 45 of title 5, United States Code. ``(5) Counsel.--The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Library of Congress, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.''; and (2) in subsection (d)(1), by striking ``Sections 4'' and all that follows through ``and 7'' and inserting ``Sections 4, 5 (other than subsection (a)(13)), 6 (other than subsection (a)(7)), and 7''.

(b) Office of the Architect of the Capitol.--Section 1301(c) of the Architect of the Capitol Inspector General Act of 2007 (2 U.S.C. 1808(c)) is amended-- (1) in the subsection heading, by inserting ``; Pay; Limits on Bonuses; Counsel'' after ``Removal''; (2) by striking paragraph (2) and inserting the following: ``(2) Removal or transfer.-- ``(A) In general.--The Inspector General may be removed from office, or transferred to another position within, or another location of, the Office of the Architect of the Capitol, by the Architect of the Capitol. ``(B) Notice.--Not later than 30 days before the Architect of the Capitol removes or transfers the Inspector General under subparagraph (A), the Architect of the Capitol shall communicate in writing the reason for the removal or transfer to-- ``(i) the Committee on House Administration and the Committee on Appropriations of the House of Representatives; and ``(ii) the Committee on Rules and Administration and the Committee on Appropriations of the Senate.

``(C) Applicability.--Nothing in this paragraph shall prohibit a personnel action (except for removal or transfer) that is otherwise authorized by law.''; and (3) by adding at the end the following: ``(4) No bonuses.--The Inspector General may not receive any cash award or cash bonus, including a cash award under chapter 45 of title 5, United States Code. ``(5) Counsel.--The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Office of the Architect of the Capitol, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.''.

(c) Government Publishing Office.-- (1) In general.--Section 3902 of title 44, United States Code, is amended-- (A) in the section heading, by inserting ``; pay; limits on bonuses; counsel'' after ``removal''; (B) by striking subsection (b) and inserting the following:

``(b)(1) The Inspector General may be removed from office, or transferred to another position within, or another location of, the Government Publishing Office, by the Director of the Government Publishing Office. ``(2) Not later than 30 days before the Director removes or transfers the Inspector General under paragraph (1), the Director shall communicate in writing the reason for the removal or transfer to-- ``(A) the Committee on House Administration and the Committee on Appropriations of the House of Representatives; and ``(B) the Committee on Rules and Administration and the Committee on Appropriations of the Senate.

``(3) Nothing in this subsection shall prohibit a personnel action (except for removal or transfer) that is otherwise authorized by law.''; and (C) by adding at the end the following:

``(c)(1) The position of Inspector General shall be-- ``(A) classified as a position as a senior level employee, in accordance with this title; and ``(B) have a rate of basic pay that is not less than the average rate of basic pay of all other senior level employees of the Government Publishing Office calculated on an annual basis.

``(2) The Director of the Government Publishing Office shall establish the amount of the annual adjustment in the rate of basic pay for the Inspector General in an amount equal to the average of the annual adjustments in the rate of basic pay provided to all other senior level employees of the Government Publishing Office, consistent with this title. ``(d) The Inspector General may not receive any cash award or cash bonus, including a cash award under chapter 45 of title 5. ``(e) The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Government Publishing Office, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.''.

(2) Technical and conforming amendment.--The table of sections for chapter 39 of title 44, United <<NOTE: 44 USC 3901 prec.>> States Code, is amended by striking the item relating to section 3902 and inserting the following:

``3902. Appointment of Inspector General; supervision; removal; pay; limits on bonuses; counsel.''.

(a) Library of Congress.--Section 1307(d) of the Legislative Branch Appropriations Act, 2006 (2 U.S.C. 185(d)) is amended by adding at the end the following: ``(3) Law enforcement authority.-- ``(A) In general.--Subject to subparagraph (B), any supervisory special agent under the Inspector General and any special agent supervised by such a supervisory special agent is authorized to-- ``(i) make an arrest without a warrant while engaged in official duties as authorized under this section or any other statute for any offense against the United States committed in the presence of such supervisory special agent or special agent, or for any felony cognizable under the laws of the United States if such supervisory special agent or special agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; ``(ii) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed; and ``(iii) carry a firearm while engaged in official duties as authorized under this section or any other statute. ``(B) Requirements to exercise authority.-- ``(i) Required certification.-- ``(I) In general.--In order to exercise the authority under subparagraph (A), a supervisory special agent or a special agent supervised by such a supervisory special agent shall certify that he or she-- ``(aa) is a citizen of the United States; ``(bb) has successfully completed a basic law enforcement training program or military or other equivalent; and ``(cc) is not prohibited from receiving a firearm under Federal law, including under section 922(g)(9) of title 18, United States Code, because of a conviction of a misdemeanor crime of domestic violence. ``(II) Additional requirements.-- After providing notice to the appropriate committees of Congress, the Inspector General may add requirements to the certification required under subclause (I), as determined appropriate by the Inspector General. ``(ii) Maintenance of requirements.--The Inspector General shall maintain firearms-related

requirements (including quarterly firearms qualifications) and use of force training requirements that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in accordance with the Council of the Inspectors General on Integrity and Efficiency use of force policies, which incorporate Department of Justice guidelines. ``(iii) Eligibility determination.-- ``(I) In general.--The Inspector General shall-- ``(aa) determine whether an individual meets the requirements under this paragraph; and ``(bb) revoke any authority granted to an individual under subparagraph (A) if the individual is not in compliance with the requirements of this paragraph. ``(II) Reauthorization.--The Inspector General may reauthorize an individual to exercise the authority granted under subparagraph (A) if the Inspector General determines the individual has achieved compliance with the requirements under this paragraph. ``(III) Limitation on appeal.--A revocation of the authority granted under subparagraph (A) shall not be subject to administrative, judicial, or other review, unless the revocation results in an adverse action. Such an adverse action may, at the election of the applicable individual, be reviewed in accordance with the otherwise applicable procedures. ``(C) Semiannual certification of program.-- ``(i) In general.--Before the first grant of authority under subparagraph (A), and semiannually thereafter as part of the report under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.), the Inspector General shall submit to the appropriate committees of Congress a written certification that adequate internal safeguards and management procedures exist that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in compliance with standards established by the Council of the Inspectors General on Integrity and Efficiency, which incorporate Department of Justice guidelines, to ensure proper exercise of the powers authorized under this paragraph. ``(ii) Suspension of authority.--The authority granted under this paragraph (including any grant of authority to an individual under subparagraph (A), without regard to whether the individual is in compliance with subparagraph (B)) may be suspended by the Inspector General if the Office of Inspector General fails to comply with the reporting and review requirements under clause (i) of this subparagraph or subparagraph (D). Any suspension of authority under this

clause shall be reported to the appropriate committees of Congress. ``(D) Peer review.--To ensure the proper exercise of the law enforcement powers authorized under this paragraph, the Office of Inspector General shall submit to and participate in the external review process established by the Council of the Inspectors General on Integrity and Efficiency for ensuring that adequate internal safeguards and management procedures continue to exist. Under the review process, the exercise of the law enforcement powers by the Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the Inspector General, the Council of the Inspectors General on Integrity and Efficiency, and the appropriate committees of Congress. ``(E) Alleged misconduct.--Any allegation of misconduct by an individual granted authority under subparagraph (A) may be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency. ``(F) Appropriate committees of congress.--In this paragraph, the term `appropriate committees of Congress' means-- ``(i) the Committee on Rules and Administration and the Committee on Appropriations of the Senate; and ``(ii) the Committee on House Administration and the Committee on Appropriations of the House of Representatives.''.

(b) Architect of the Capitol.--Section 1301(d) of the Architect of the Capitol Inspector General Act of 2007 (2 U.S.C. 1808(d)) is amended by adding at the end the following: ``(3) Law enforcement authority.-- ``(A) In general.--Subject to subparagraph (B), any supervisory special agent under the Inspector General and any special agent supervised by such a supervisory special agent is authorized to-- ``(i) make an arrest without a warrant while engaged in official duties as authorized under this section or any other statute for any offense against the United States committed in the presence of such supervisory special agent or special agent, or for any felony cognizable under the laws of the United States if such supervisory special agent or special agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; ``(ii) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed; and ``(iii) carry a firearm while engaged in official duties as authorized under this section or any other statute. ``(B) Requirements to exercise authority.-- ``(i) Required certification.--

``(I) In general.--In order to exercise the authority under subparagraph (A), a supervisory special agent or a special agent supervised by such a supervisory special agent shall certify that he or she-- ``(aa) is a citizen of the United States; ``(bb) has successfully completed a basic law enforcement training program or military or other equivalent; and ``(cc) is not prohibited from receiving a firearm under Federal law, including under section 922(g)(9) of title 18, United States Code, because of a conviction of a misdemeanor crime of domestic violence.

``(II) Additional requirements.--After providing notice to the appropriate committees of Congress, the Inspector General may add requirements to the certification required under subclause (I), as determined appropriate by the Inspector General. ``(ii) Maintenance of requirements.--The Inspector General shall maintain firearms-related requirements (including quarterly firearms qualifications) and use of force training requirements that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in accordance with the Council of the Inspectors General on Integrity and Efficiency use of force policies, which incorporate Department of Justice guidelines. ``(iii) Eligibility determination.-- ``(I) In general.--The Inspector General shall-- ``(aa) determine whether an individual meets the requirements under this paragraph; and ``(bb) revoke any authority granted to an individual under subparagraph (A) if the individual is not in compliance with the requirements of this paragraph. ``(II) Reauthorization.--The Inspector General may reauthorize an individual to exercise the authority granted under subparagraph (A) if the Inspector General determines the individual has achieved compliance with the requirements under this paragraph. ``(III) Limitation on appeal.--A revocation of the authority granted under subparagraph (A) shall not be subject to administrative, judicial, or other review, unless the revocation results in an adverse action. Such an adverse action may, at the election of the applicable individual, be reviewed in accordance with the otherwise applicable procedures. ``(C) Semiannual certification of program.-- ``(i) In general.-- Before the first grant of authority under subparagraph (A), and semiannually

thereafter as part of the report under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.), the Inspector General shall submit to the appropriate committees of Congress a written certification that adequate internal safeguards and management procedures exist that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in compliance with standards established by the Council of the Inspectors General on Integrity and Efficiency, which incorporate Department of Justice guidelines, to ensure proper exercise of the powers authorized under this paragraph. ``(ii) Suspension of authority.--The authority granted under this paragraph (including any grant of authority to an individual under subparagraph (A), without regard to whether the individual is in compliance with subparagraph (B)) may be suspended by the Inspector General if the Office of Inspector General fails to comply with the reporting and review requirements under clause (i) of this subparagraph or subparagraph (D). Any suspension of authority under this clause shall be reported to the appropriate committees of Congress. ``(D) Peer review.--To ensure the proper exercise of the law enforcement powers authorized under this paragraph, the Office of Inspector General shall submit to and participate in the external review process established by the Council of the Inspectors General on Integrity and Efficiency for ensuring that adequate internal safeguards and management procedures continue to exist. Under the review process, the exercise of the law enforcement powers by the Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the Inspector General, the Council of the Inspectors General on Integrity and Efficiency, and the appropriate committees of Congress. ``(E) Alleged misconduct.--Any allegation of misconduct by an individual granted authority under subparagraph (A) may be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency. ``(F) Appropriate committees of congress.--In this paragraph, the term `appropriate committees of Congress' means-- ``(i) the Committee on Rules and Administration and the Committee on Appropriations of the Senate; and ``(ii) the Committee on House Administration and the Committee on Appropriations of the House of Representatives.''.

(c) Government Publishing Office.--Section 3903 of title 44, United States Code, is amended is amended by adding at the end the following:

``(c)(1) Subject to paragraph (2), any supervisory special agent under the Inspector General and any special agent supervised by such a supervisory special agent is authorized to-- ``(A) make an arrest without a warrant while engaged in official duties as authorized under this chapter or any other statute for any offense against the United States committed in the presence of such supervisory special agent or special agent, or for any felony cognizable under the laws of the United States if such supervisory special agent or special agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; ``(B) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed; and ``(C) carry a firearm while engaged in official duties as authorized under this chapter or any other statute.

``(2)(A)(i) In order to exercise the authority under paragraph (1), a supervisory special agent or a special agent supervised by such a supervisory special agent shall certify that he or she-- ``(I) is a citizen of the United States; ``(II) has successfully completed a basic law enforcement training program or military or other equivalent; and ``(III) is not prohibited from receiving a firearm under Federal law, including under section 922(g)(9) of title 18, United States Code, because of a conviction of a misdemeanor crime of domestic violence.

``(ii) After providing notice to the appropriate committees of Congress, the Inspector General may add requirements to the certification required under clause (i), as determined appropriate by the Inspector General.

``(B) The Inspector General shall maintain firearms-related requirements (including quarterly firearms qualifications) and use of force training requirements that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in accordance with the Council of the Inspectors General on Integrity and Efficiency use of force policies, which incorporate Department of Justice guidelines. ``(C)(i) The Inspector General shall-- ``(I) determine whether an individual meets the requirements under this subsection; and ``(II) revoke any authority granted to an individual under paragraph (1) if the individual is not in compliance with the requirements of this subsection.

``(ii) The Inspector General may reauthorize an individual to exercise the authority granted under paragraph (1) if the Inspector General determines the individual has achieved compliance with the requirements under this subsection.

``(iii) A revocation of the authority granted under paragraph (1) shall not be subject to administrative, judicial, or other review, unless the revocation results in an adverse action. Such an adverse action may, at the election of the applicable individual, be reviewed in accordance with the otherwise applicable procedures. ``(3)(A) Before the first grant of authority <<NOTE: Time period. Certification. Compliance.>> under paragraph (1), and semiannually thereafter as part of the report under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.), the Inspector

General shall submit to the appropriate committees of Congress a written certification that adequate internal safeguards and management procedures exist that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in compliance with standards established by the Council of the Inspectors General on Integrity and Efficiency, which incorporate Department of Justice guidelines, to ensure proper exercise of the powers authorized under this subsection.

``(B) The authority granted under this subsection (including any grant of authority to an individual under paragraph (1), without regard to whether the individual is in compliance with paragraph (2)) may be suspended by the Inspector General if the Office of Inspector General fails to comply with the reporting and review requirements under subparagraph (A) of this paragraph or paragraph (4). Any suspension of authority under this subparagraph shall be reported to the appropriate committees of Congress.

``(4) To ensure the proper exercise of the law enforcement powers authorized under this subsection, the Office of Inspector General shall submit to and participate in the external review process established by the Council of the Inspectors General on Integrity and Efficiency for ensuring that adequate internal safeguards and management procedures continue to exist. Under the review process, the exercise of the law enforcement powers by the Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the Inspector General, the Council of the Inspectors General on Integrity and Efficiency, and the appropriate committees of Congress.

``(5) Any allegation of misconduct by an individual granted authority under paragraph (1) may be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency. ``(6) In this subsection, the term `appropriate committees of Congress' means-- ``(A) the Committee on Rules and Administration and the Committee on Appropriations of the Senate; and ``(B) the Committee on House Administration and the Committee on Appropriations of the House of Representatives.''.

(a) Library of Congress.-- (1) Authority.--Section 1307(d) of the Legislative Branch Appropriations Act, 2006 (2 U.S.C. 185(d)), as amended by section 1603 of this Act, is amended by adding at the end the following: ``(4) Budget independence.--The Librarian of Congress shall include the annual budget request of the Inspector General in the budget of the Library of Congress without change.''.

(b) Office of the Architect of the Capitol.--Section 1301(d) of the Architect of the Capitol Inspector General Act of 2007 (2 U.S.C. 1808(d)), as amended by section 1603 of this Act, is amended by adding at the end the following:

``(4) Budget independence.--The Architect of the Capitol shall include the annual budget request of the Inspector General in the budget of the Office of the Architect of the Capitol without change.''.

(c) Government Publishing Office.--Section 3903 of title 44, United States Code, as amended by section 1603 of this Act, is amended by adding at the end the following: ``(d) The Director of the Government Publishing Office shall include the annual budget request of the Inspector General in the budget of the Government Publishing Office without change.''. (d) Separate Allocations.-- (1) Legislative branch instrumentality defined.--In this subsection, the term ``legislative branch instrumentality'' means the Library of Congress, the Office of the Architect of the Capitol, or the Government Publishing Office. (2) Allocation.--For fiscal year 2021, and each fiscal year thereafter, Congress shall provide, within the amounts made available for salaries and expenses of each legislative branch instrumentality, a separate allocation of amounts for salaries and expenses of the Office of the Inspector General of the covered legislative branch instrumentality.

(a) Library of Congress.--Section 1307(d)(2) of the Legislative Branch Appropriations Act, 2006 (2 U.S.C. 185(d)(2)) is amended-- (1) by striking ``The Inspector'' and inserting the following: ``(A) In general.--The Inspector''; (2) in subparagraph (A), as so designated, by inserting ``, without the supervision or approval of any other employee, office, or other entity within the Library of Congress,'' after ``is authorized''; and (3) by adding at the end the following: ``(B) Security and suitability.--Appointments under the authority under subparagraph (A) shall be made consistent with personnel security and suitability requirements. ``(C) Consultants.--Any appointment of a consultant under the authority under subparagraph (A) shall be made consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).''.

(b) Office of the Architect of the Capitol.--Section 1301(d)(2) of the Architect of the Capitol Inspector General Act of 2007 (2 U.S.C. 1808(d)(2)) is amended-- (1) by striking ``The Inspector'' and inserting the following: ``(A) In general.--The Inspector''; (2) in subparagraph (A), as so designated, by inserting ``, without the supervision or approval of any other employee, office, or other entity within the Office of the Architect of the Capitol,'' after ``is authorized''; and (3) by adding at the end the following: ``(B) Security and suitability.--Appointments under the authority under subparagraph (A) shall be made consistent with personnel security and suitability requirements. ``(C) Consultants.--Any appointment of a consultant under the authority under subparagraph (A) shall be made

consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).''.

(c) Government Publishing Office.--Section 3903(b) of title 44, United States Code, is amended-- (1) by inserting ``(1)'' before ``The Inspector''; (2) in paragraph (1), as so designated, by inserting ``, without the supervision or approval of any other employee, office, or other entity within the Government Publishing Office,'' after ``is authorized''; and (3) by adding at the end the following:

``(2) Appointments under the authority under paragraph (1) shall be made consistent with personnel security and suitability requirements. ``(3) Any appointment of a consultant under the authority under paragraph (1) shall be made consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).''.

ACTIVITY.

The Majority Leader and the Minority Leader may each designate up to 2 employees of their respective leadership office staff as designees referred to in the second sentence of paragraph 1 of rule XLI of the Standing Rules of the Senate.

This title may be cited as the ``Kentucky Wildlands National Heritage Area Study Act''.

In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Kentucky Wildlands National Heritage Area. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Kentucky. (4) Study area.--The term ``study area'' means-- (A) Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clay, Clinton, Cumberland, Elliott, Floyd, Green, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lincoln, Magoffin, Martin, McCreary, Menifee, Metcalfe, Monroe, Morgan, Owsley, Perry, Pike, Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe Counties in the State; and (B) any other areas in the State that-- (i) have heritage aspects that are similar to the heritage aspects of the areas described in subparagraph (A); and (ii) are adjacent to, or in the vicinity of, the areas described in that subparagraph.

(a) In General.--The Secretary, in consultation with State and local historic preservation officers, State and local historical societies, State and local tourism offices, and other appropriate organizations and governmental agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as a National Heritage Area, to be known as the ``Kentucky Wildlands National Heritage Area''.

(b) Requirements.--The study shall include analysis, documentation, and determinations on whether the study area-- (1) has an assemblage of natural, historic, and cultural resources that-- (A) represent distinctive aspects of the heritage of the United States; (B) are worthy of recognition, conservation, interpretation, and continuing use; and (C) would be best managed-- (i) through partnerships among public and private entities; and (ii) by linking diverse and sometimes noncontiguous resources and active communities; (2) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States; (3) provides outstanding opportunities-- (A) to conserve natural, historic, cultural, or scenic features; and (B) for recreation and education; (4) contains resources that-- (A) are important to any identified themes of the study area; and (B) retain a degree of integrity capable of supporting interpretation; (5) includes residents, business interests, nonprofit organizations, and State and local governments that-- (A) are involved in the planning of the Heritage Area; (B) have developed a conceptual financial plan that outlines the roles of all participants in the Heritage Area, including the Federal Government; and (C) have demonstrated support for the designation of the Heritage Area; (6) has a potential management entity to work in partnership with the individuals and entities described in paragraph (5) to develop the Heritage Area while encouraging State and local economic activity; (7) could impact the rights of private property owners with respect to private property; and (8) has a conceptual boundary map that is supported by the public.

Not later than 3 years after the date on which funds are first made available to carry out this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes-- (1) the findings of the study under section 1803; and (2) any conclusions and recommendations of the Secretary.

The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by adding at the end the following new section: ``SEC. 73. CAPITAL STOCK INCREASES.

``(a) Increases Authorized.--The United States Governor of the Bank is authorized-- ``(1)(A) to vote in favor of a resolution to increase the capital stock of the Bank on a selective basis by 245,773 shares; and ``(B) to subscribe on behalf of the United States to 42,298 additional shares of the capital stock of the Bank, as part of the selective increase in the capital stock of the Bank, except that any subscription to such additional shares shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts; and ``(2)(A) to vote in favor of a resolution to increase the capital stock of the Bank on a general basis by 230,500 shares; and ``(B) to subscribe on behalf of the United States to 38,662 additional shares of the capital stock of the Bank, as part of the general increase in the capital stock of the Bank, except that any subscription to such additional shares shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts.

``(b) Limitations on Authorization of Appropriations.--(1) In order to pay for the increase in the United States subscription to the Bank under subsection (a)(2)(B), there are authorized to be appropriated, without fiscal year limitation, $4,663,990,370 for payment by the Secretary of the Treasury. ``(2) Of the amount authorized to be appropriated under paragraph (1), $932,798,074 shall be for paid in shares of the Bank, and $3,731,192,296 shall be for callable shares of the Bank. ``(3) In order to pay for the increase in the United States subscription to the Bank under subsection (a)(1)(B), there are authorized to be appropriated, without fiscal year limitation $5,102,619,230 for payment by the Secretary of the Treasury. ``(4) Of the amount authorized to be appropriated under paragraph (3), $306,157,153.80 shall be for paid in shares of the Bank, and $4,796,462,076.20 shall be for callable shares of the Bank.''.

This title may be cited as the ``European Energy Security and Diversification Act of 2019''.

In this title: (1) Early-stage project support.--The term ``early-stage project support'' includes-- (A) feasibility studies; (B) resource evaluations; (C) project appraisal and costing; (D) pilot projects; (E) commercial support, such as trade missions, reverse trade missions, technical workshops, international buyer programs, and international partner searchers to link suppliers to projects; (F) technical assistance and other guidance to improve the local regulatory environment and market frameworks to encourage transparent competition and enhance energy security; and (G) long-term energy sector planning. (2) Late-stage project support.--The term ``late-stage project support'' includes debt financing, insurance, and transaction advisory services.

(a) Sense of Congress.--It is the sense of Congress that the United States has economic and national security interests in assisting European and Eurasian countries achieve energy security through diversification of their energy sources and supply routes. (b) Statement of Policy.--It is the policy of the United States-- (1) to advance United States foreign policy and development goals by assisting European and Eurasian countries to reduce their dependence on energy resources from countries that use energy dependence for undue political influence, such as the Russian Federation, which has used natural gas to coerce, intimidate, and influence other countries; (2) to promote the energy security of allies and partners of the United States by encouraging the development of accessible, transparent, and competitive energy markets that provide diversified sources, types, and routes of energy; (3) to encourage United States public and private sector investment in European energy infrastructure projects to bridge the gap between energy security requirements and commercial demand in a way that is consistent with the region's absorptive capacity; and (4) to help facilitate the export of United States energy resources, technology, and expertise to global markets in a way that benefits the energy security of allies and partners of the United States, including in Europe and Eurasia.

ASSISTANCE FOR ENERGY INFRASTRUCTURE PROJECTS IN EUROPE AND EURASIA.

(a) In General.--In pursuing the policy described in section 2003, the Secretary of State, in consultation with the Secretary of Energy and the heads of other relevant United States agencies, shall, as appropriate, prioritize and expedite the efforts of the Department of State and those agencies in supporting the efforts

of the European Commission and the governments of European and Eurasian countries to increase their energy security, including through-- (1) providing diplomatic and political support to the European Commission and those governments, as necessary-- (A) to facilitate international negotiations concerning cross-border infrastructure; (B) to enhance Europe's regulatory environment with respect to energy; and (C) to develop accessible, transparent, and competitive energy markets supplied by diverse sources, types, and routes of energy; and (2) providing support to improve European and Eurasian energy markets, including early-stage project support and late- stage project support for the construction or improvement of energy and related infrastructure, as necessary-- (A) to diversify the energy sources and supply routes of European and Eurasian countries; (B) to enhance energy market integration across the region; and (C) to increase competition within energy markets.

(b) Project Selection.-- (1) In general.--The agencies described in subsection (a) shall identify energy infrastructure projects that would be appropriate for United States assistance under this section. (2) Project eligibility.--A project is eligible for United States assistance under this section if the project-- (A)(i) improves electricity transmission infrastructure, power generation through the use of a broad power mix (including fossil fuel and renewable energy), or energy efficiency; or (ii) advances electricity storage projects, smart grid projects, distributed generation models, or other technological innovations, as appropriate; and (B) is located in a European or Eurasian country. (3) Preference.--In selecting among projects that are eligible under paragraph (2), the agencies described in subsection (a) shall give preference to projects that-- (A) link the energy systems of 2 or more European or Eurasian countries; (B) have already been identified by the European Commission as being integral for the energy security of European countries; (C) are expected to enhance energy market integration; (D) can attract funding from the private sector, an international financial institution, the government of the country in which the project will be carried out, or the European Commission; or (E) have the potential to use United States goods and services during project implementation.

(c) Types of Assistance.-- (1) Diplomatic and political support.--The Secretary of State shall provide diplomatic and political support to the European Commission and the governments of European and Eurasian countries, as necessary, including by using the diplomatic and political influence and expertise of the Department of State to build the capacity of those countries to resolve

any impediments to the development of projects selected under subsection (b). (2) Early-stage project support.--The Director of the Trade and Development Agency shall provide early-stage project support with respect to projects selected under subsection (b), as necessary. (3) Late-stage project support.--Agencies described in subsection (a) that provide late-stage project support shall do so with respect to projects selected under subsection (b), as necessary.

(d) Funding.-- (1) Trade and development agency.--Section 661(f)(1)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(f)(1)(A)) is amended by striking ``$48,000,000 for fiscal year 2000'' and inserting ``$79,500,000 for fiscal year 2020''. (2) Countering russian influence fund.--Section 254 of the Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9543) is amended-- (A) in subsection (a), by striking ``fiscal years 2018 and 2019'' and inserting ``fiscal years 2020, 2021, 2022, and 2023''; and (B) in subsection (b), by adding at the end the following new paragraph: ``(7) To assist United States agencies that operate under the foreign policy guidance of the Secretary of State in providing assistance under section 2004 of the European Energy Security and Diversification Act of 2019.''.

(e) Exception From Certain Limitation Under BUILD Act.-- (1) In general.--For purposes of providing support for projects under this section-- (A) the United States International Development Finance Corporation may provide support for projects in countries with upper-middle-income economies or high- income economies (as those terms are defined by the World Bank); (B) the restriction under section 1412(c)(2) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9612(c)(2)) shall not apply; and (C) the Corporation shall restrict the provision of such support in a country described in subparagraph (A) unless-- (i) the President certifies to the appropriate congressional committees that such support furthers the national economic or foreign policy interests of the United States; and (ii) such support is-- (I) designed to produce significant developmental outcomes or provide developmental benefits to the poorest population of that country; or (II) necessary to preempt or counter efforts by a strategic competitor of the United States to secure significant political or economic leverage or acquire national security-sensitive technologies or infrastructure in a country that is an ally or partner of the United States.

(2) Definitions.--In this subsection, the terms ``appropriate congressional committees'' and ``less developed country'' have the meanings given those terms in section 1402 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9601).

Not later than one year after the date of the enactment of this Act, and annually thereafter, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on progress made in providing assistance for projects under section 2004 that includes-- (1) a description of the energy infrastructure projects the United States has identified for such assistance; and (2) for each such project-- (A) a description of the role of the United States in the project, including in early-stage project support and late-stage project support; (B) the amount and form of any debt financing and insurance provided by the United States Government for the project; (C) the amount and form of any early-stage project support; and (D) an update on the progress made on the project as of the date of the report.

DIVISION Q-- <<NOTE: Taxpayer Certainty and Disaster Tax Relief Act of 2019.>> REVENUE PROVISIONS

SHORT TITLE; ETC.

(a) Short Title.--This division may be cited as the ``Taxpayer Certainty and Disaster Tax Relief Act of 2019''. (b) Table of Contents.--The table of contents for this division is as follows:

Sec. 1. Short title; etc.

PRINCIPAL RESIDENCE INDEBTEDNESS.

(a) In General.--Section 108(a)(1)(E) is amended by striking ``January 1, 2018'' each place it appears and inserting ``January 1, 2021''.

(b) Conforming Amendment.--Section 108(h)(2) is amended by inserting ``and determined without regard to the substitution described in section 163(h)(3)(F)(i)(II)'' after ``clause (ii) thereof''.

(c) Effective Date.--The amendments made by this section shall apply to discharges of indebtedness after December 31, 2017.

RESIDENCE INTEREST.

(a) In General.--Section 163(h)(3)(E)(iv)(I) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''.

(b) Effective Date.--The amendment made by this section shall apply to amounts paid or accrued after December 31, 2017.

(a) In General.--Section 213(f) is amended to read as follows: ``(f) Temporary Special Rule.--In the case of taxable years beginning before January 1, 2021, subsection (a) shall be applied with respect to a taxpayer by substituting `7.5 percent' for `10 percent'.''.

(b) Alternative Minimum Tax.--Section 56(b)(1) is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), (E), and (F), as subparagraphs (B), (C), (D), and (E), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2018.

(a) In General.--Section 222(e) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

(a) In General.--Section 4121(e)(2)(A) is amended by striking ``December 31, 2018'' and inserting ``December 31, 2020''. (b) Effective Date.--The amendment made by this section shall apply on and after the first day of the first calendar month beginning after the date of the enactment of this Act.

Subtitle B--Incentives for Employment, Economic Growth, and Community Development

(a) In General.--Section 45A(f) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

(a) In General.--Section 45G(f) is amended by striking ``January 1, 2018'' and inserting ``January 1, 2023''. (b) Safe Harbor Assignments.--Any assignment, including related expenditures paid or incurred, under section 45G(b)(2) of the Internal Revenue Code of 1986 for a taxable year beginning on or after January 1, 2018, and ending before January 1, 2020, shall be treated as effective as of the close of such taxable year

if made pursuant to a written agreement entered into no later than 90 days following the date of the enactment of this Act.

(c) Effective Date.--The amendment made by this section shall apply to expenditures paid or incurred during taxable years beginning after December 31, 2017.

(a) In General.--Section 45N(e) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''.

(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

PROPERTY.

(a) In General.--Section 168(e)(3)(A)(i) is amended-- (1) by striking ``January 1, 2018'' in subclause (I) and inserting ``January 1, 2021'', and (2) by striking ``December 31, 2017'' in subclause (II) and inserting ``December 31, 2020''.

(b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2017.

COMPLEXES.

(a) In General.--Section 168(i)(15)(D) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2017.

RESERVATIONS.

(a) In General.--Section 168(j)(9) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2017.

(a) In General.--Section 181(g) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Effective Date.--The amendment made by this section shall apply to productions commencing after December 31, 2017.

(a) In General.--Section 1391(d)(1)(A)(i) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Treatment of Certain Termination Dates Specified in Nominations.--In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary's designee) may provide.

(c) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2017.

(a) In General.--Section 119(d) of division A of the Tax Relief and Health Care Act of 2006 is amended-- (1) by striking ``January 1, 2018'' each place it appears and inserting ``January 1, 2021'', (2) by striking ``first 12 taxable years'' in paragraph (1) and inserting ``first 15 taxable years'', (3) by striking ``first 6 taxable years'' in paragraph (2) and inserting ``first 9 taxable years'', and (4) by adding at the end the following flush sentence:

``In the case of a corporation described in subsection (a)(2), the Internal Revenue Code of 1986 shall be applied and administered without regard to the amendments made by section 401(d)(1) of the Tax Technical Corrections Act of 2018.''. (b) Conforming Amendment.--Section 119(e) of division A of the Tax Relief and Health Care Act of 2006 is amended by inserting ``(as in effect before its repeal)'' after ``section 199 of the Internal Revenue Code of 1986''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017.

Subtitle C--Incentives for Energy Production, Efficiency, and Green Economy Jobs

(a) Income Tax Credit.-- (1) In general.--Section 40A(g) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2022''. (2) Effective date.--The amendment made by this subsection shall apply to fuel sold or used after December 31, 2017.

(b) Excise Tax Incentives.-- (1) Termination.-- (A) In general.--Section 6426(c)(6) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2022''. (B) Payments.--Section 6427(e)(6)(B) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2022''. (2) Effective date.--The amendments made by this subsection shall apply to fuel sold or used after December 31, 2017. (3) Special rule.--Notwithstanding any other provision of law, in the case of any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for the period beginning on January 1, 2018, and ending with the close of the last calendar quarter beginning before the date of the enactment of this Act, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary's delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time

submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code.

(a) In General.--Section 40(b)(6)(J)(i) is amended by striking ``January 1, 2018'' and inserting ``January 1, 2021''. (b) Effective Date.--The amendment made by this section shall apply to qualified second generation biofuel production after December 31, 2017.

(a) In General.--Section 25C(g)(2) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Technical Amendment.--Section 25C(d)(3) is amended-- (1) by striking ``an energy factor of at least 2.0'' in subparagraph (A) and inserting ``a Uniform Energy Factor of at least 2.2'', and (2) by striking ``an energy factor'' in subparagraph (D) and inserting ``a Uniform Energy Factor''.

(c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2017.

(a) In General.--Section 30B(k)(1) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Effective Date.--The amendment made by this section shall apply to property purchased after December 31, 2017.

(a) In General.--Section 30C(g) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2017.

(a) In General.--Section 30D(g)(3)(E)(ii) is amended by striking ``January 1, 2018'' and inserting ``January 1, 2021''. (b) Effective Date.--The amendment made by this section shall apply to vehicles acquired after December 31, 2017.

RESOURCES.

(a) In General.--The following provisions of section 45(d) are each amended by striking ``January 1, 2018'' each place it appears and inserting ``January 1, 2021'': (1) Paragraph (2)(A). (2) Paragraph (3)(A). (3) Paragraph (4)(B). (4) Paragraph (6). (5) Paragraph (7).

(6) Paragraph (9). (7) Paragraph (11)(B).

(b) Extension of Election to Treat Qualified Facilities as Energy Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1, 2018 (January 1, 2020, in the case of any facility which is described in paragraph (1) of section 45(d))'' and inserting ``January 1, 2021''.

(c) Application of Extension to Wind Facilities.-- (1) In general.--Section 45(d)(1) is amended by striking ``January 1, 2020'' and inserting ``January 1, 2021''. (2) Application of phaseout percentage.-- (A) In general.--Section 45(b)(5) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) in the case of any facility the construction of which begins after December 31, 2019, and before January 1, 2021, 40 percent.''. (B) Treatment as energy property.--Section 48(a)(5)(E) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) in the case of any facility the construction of which begins after December 31, 2019, and before January 1, 2021, 40 percent.''.

(d) Effective Date.--The amendments made by this section shall take effect on January 1, 2018.

(a) In General.--Section 45(e)(10)(A) is amended by striking ``12- year period'' each place it appears and inserting ``15-year period''. (b) Effective Date.--The amendment made by this section shall apply to coal produced after December 31, 2017.

(a) In General.--Section 45L(g) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Effective Date.--The amendment made by this section shall apply to homes acquired after December 31, 2017.

PROPERTY.

(a) In General.--Section 168(l)(2)(D) is amended by striking ``January 1, 2018'' and inserting ``January 1, 2021''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2017.

(a) In General.--Section 179D(h) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Effective Dates.--The amendment made by subsection (a) shall apply to property placed in service after December 31, 2017.

OR STATE ELECTRIC RESTRUCTURING POLICY FOR QUALIFIED ELECTRIC UTILITIES.

(a) In General.--Section 451(k)(3) is amended by striking ``January 1, 2018'' and inserting ``January 1, 2021''.

(b) Effective Date.--The amendment made by this section shall apply to dispositions after December 31, 2017.

RELATING TO ALTERNATIVE FUELS.

(a) Extension.-- (1) In general.--Sections 6426(d)(5) and 6426(e)(3) are each amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (2) Outlay payments for alternative fuels.--Section 6427(e)(6)(C) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (3) Special rule.--Notwithstanding any other provision of law, in the case of any alternative fuel credit properly determined under section 6426(d) of the Internal Revenue Code of 1986 for the period beginning on January 1, 2018, and ending with the close of the last calendar quarter beginning before the date of the enactment of this Act, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary's delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code. (4) Effective date.--The amendments made by this subsection shall apply to fuel sold or used after December 31, 2017.

(b) Clarification of Rules Regarding Alternative Fuel Mixture Credit.-- (1) In general.--Paragraph (2) of section 6426(e) is amended by striking ``mixture of alternative fuel'' and inserting ``mixture of alternative fuel (other than a fuel described in subparagraph (A), (C), or (F) of subsection (d)(2))''. (2) Effective date.--The amendment made by this subsection shall apply to-- (A) fuel sold or used on or after the date of the enactment of this Act, and (B) fuel sold or used before such date of enactment, but only to the extent that claims for the credit under section 6426(e) of the Internal Revenue Code of 1986 with respect to such sale or use--

(i) have not been paid or allowed as of such date, and (ii) were made on or after January 8, 2018. (3) No inference.--Nothing contained in this subsection or the amendments made by this subsection shall be construed to create any inference as to a change in law or guidance in effect prior to enactment of this subsection.

(a) In General.--Section 4611(f)(2) is amended by striking ``December 31, 2018'' and inserting ``December 31, 2020''.

(b) Effective Date.--The amendment made by this section shall apply on and after the first day of the first calendar month beginning after the date of the enactment of this Act.

Subtitle D--Certain Provisions Expiring at the End of 2019

(a) In General.--Section 45D(f)(1) is amended by striking ``and'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(H) $5,000,000,000 for 2020.''.

(b) Carryover of Unused Limitation.--Section 45D(f)(3) is amended by striking ``2024'' and inserting ``2025''. (c) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2019.

(a) In General.--Section 45S(i) is amended by striking ``December 31, 2019'' and inserting ``December 31, 2020''. (b) Effective Date.--The amendment made by this section shall apply to wages paid in taxable years beginning after December 31, 2019.

(a) In General.--Section 51(c)(4) is amended by striking ``December 31, 2019'' and inserting ``December 31, 2020''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2019.

SPIRITS.

(a) Exemption for Aging Process of Beer, Wine, and Distilled Spirits.-- (1) In general.--Section 263A(f)(4)(B) is amended by striking ``December 31, 2019'' and inserting ``December 31, 2020''. (2) Effective date.--The amendment made by this subsection shall apply to interest costs paid or accrued after December 31, 2019.

(b) Reduced Rate of Excise Tax on Beer.-- (1) In general.--Paragraphs (1)(C) and (2)(A) of section 5051(a) are each amended by striking ``January 1, 2020'' and inserting ``January 1, 2021''.

(2) Effective date.--The amendments made by this subsection shall apply to beer removed after December 31, 2019.

(c) Transfer of Beer Between Bonded Facilities.-- (1) In general.--Section 5414(b)(3) is amended by striking ``December 31, 2019'' and inserting ``December 31, 2020''. (2) Effective date.--The amendment made by this subsection shall apply to calendar quarters beginning after December 31, 2019.

(d) Reduced Rate of Excise Tax on Certain Wine.-- (1) In general.--Section 5041(c)(8)(A) is amended by striking ``January 1, 2020'' and inserting ``January 1, 2021''. (2) Conforming amendment.--The heading of section 5041(c)(8) is amended by striking ``Special rule for 2018 and 2019'' and inserting ``Temporary special rule''. (3) Effective date.--The amendments made by this subsection shall apply to wine removed after December 31, 2019.

(e) Adjustment of Alcohol Content Level for Application of Excise Taxes.-- (1) In general.--Paragraphs (1) and (2) of section 5041(b) are each amended by striking ``January 1, 2020'' and inserting ``January 1, 2021''. (2) Effective date.--The amendments made by this subsection shall apply to wine removed after December 31, 2019.

(f) Definition of Mead and Low Alcohol by Volume Wine.-- (1) In general.--Section 5041(h)(3) is amended by striking ``December 31, 2019'' and inserting ``December 31, 2020''. (2) Effective date.--The amendment made by this subsection shall apply to wine removed after December 31, 2019.

(g) Reduced Rate of Excise Tax on Certain Distilled Spirits.-- (1) In general.--Section 5001(c)(4) is amended by striking ``December 31, 2019'' and inserting ``December 31, 2020''. (2) Conforming amendment.--The heading of section 5001(c) is amended by striking ``Reduced Rate for 2018 and 2019'' and inserting ``Temporary Reduced Rate''. (3) Effective date.--The amendments made by this subsection shall apply to distilled spirits removed after December 31, 2019.

(h) Bulk Distilled Spirits.-- (1) In general.--Section 5212 is amended by striking ``January 1, 2020'' and inserting ``January 1, 2021''. (2) Effective date.--The amendment made by this subsection shall apply to distilled spirits transferred in bond after December 31, 2019.

(i) Simplification of Rules Regarding Records, Statements, and Returns.-- (1) In general.--Section 5555(a) is amended by striking ``January 1, 2020'' and inserting ``January 1, 2021''. (2) Effective date.--The amendment made by this subsection shall apply to calendar quarters beginning after December 31, 2019.

(j) Technical Correction.-- (1) In general.--Section 5041(c)(8) is amended by adding at the end the following new subparagraph: ``(C) Application of certain rules.--Paragraphs (3) and (6) shall be applied by substituting `paragraph (1) or (8)' for `paragraph (1)' each place it appears therein.''.

(2) Effective date.--The amendment made by this subsection shall take effect as if included in section 13804 of Public Law 115-97.

CORPORATIONS.

(a) In General.--Section 954(c)(6)(C) is amended by striking ``January 1, 2020'' and inserting ``January 1, 2021''.

(b) Effective Date.--The amendment made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2019, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end.

INDIVIDUALS.

(a) In General.--Section 35(b)(1)(B) is amended by striking ``January 1, 2020'' and inserting ``January 1, 2021''. (b) Effective Date.--The amendment made by this section shall apply to months beginning after December 31, 2019.

For purposes of this title-- (1) Qualified disaster area.-- (A) In general.--The term ``qualified disaster area'' means any area with respect to which a major disaster was declared, during the period beginning on January 1, 2018, and ending on the date which is 60 days after the date of the enactment of this Act, by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act if the incident period of the disaster with respect to which such declaration is made begins on or before the date of the enactment of this Act. (B) Denial of double benefit.--Such term shall not include the California wildfire disaster area (as defined in section 20101 of subdivision 2 of division B of the Bipartisan Budget Act of 2018). (2) Qualified disaster zone.--The term ``qualified disaster zone'' means that portion of any qualified disaster area which was determined by the President, during the period beginning on January 1, 2018, and ending on the date which is 60 days after the date of the enactment of this Act, to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of the qualified disaster with respect to such disaster area. (3) Qualified disaster.--The term ``qualified disaster'' means, with respect to any qualified disaster area, the disaster by reason of which a major disaster was declared with respect to such area. (4) Incident period.--The term ``incident period'' means, with respect to any qualified disaster, the period specified by the Federal Emergency Management Agency as the period during which such disaster occurred (except that for purposes

of this title such period shall not be treated as beginning before January 1, 2018, or ending after the date which is 30 days after the date of the enactment of this Act).

FUNDS.

(a) Tax-favored Withdrawals From Retirement Plans.-- (1) In general.--Section 72(t) of the Internal Revenue Code of 1986 shall not apply to any qualified disaster distribution. (2) Aggregate dollar limitation.-- (A) In general.--For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified disaster distributions for any taxable year shall not exceed the excess (if any) of-- (i) $100,000, over (ii) the aggregate amounts treated as qualified disaster distributions received by such individual for all prior taxable years. (B) Treatment of plan distributions.--If a distribution to an individual would (without regard to subparagraph (A)) be a qualified disaster distribution, a plan shall not be treated as violating any requirement of the Internal Revenue Code of 1986 merely because the plan treats such distribution as a qualified disaster distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000. (C) Controlled group.--For purposes of subparagraph (B), the term ``controlled group'' means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986. (D) Special rule for individuals affected by more than one disaster.-- The limitation of subparagraph (A) shall be applied separately with respect to distributions made with respect to each qualified disaster. (3) Amount distributed may be repaid.-- (A) In general.--Any individual who receives a qualified disaster distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make 1 or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of the Internal Revenue Code of 1986, as the case may be. (B) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a qualified disaster distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of

the contribution, be treated as having received the qualified disaster distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (C) Treatment of repayments of distributions from iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a qualified disaster distribution from an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, the qualified disaster distribution shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (4) Definitions.--For purposes of this subsection-- (A) Qualified disaster distribution.--Except as provided in paragraph (2), the term ``qualified disaster distribution'' means any distribution from an eligible retirement plan made-- (i) on or after the first day of the incident period of a qualified disaster and before the date which is 180 days after the date of the enactment of this Act, and (ii) to an individual whose principal place of abode at any time during the incident period of such qualified disaster is located in the qualified disaster area with respect to such qualified disaster and who has sustained an economic loss by reason of such qualified disaster. (B) Eligible retirement plan.--The term ``eligible retirement plan'' shall have the meaning given such term by section 402(c)(8)(B) of the Internal Revenue Code of 1986. (5) Income inclusion spread over 3-year period.-- (A) In general.--In the case of any qualified disaster distribution, unless the taxpayer elects not to have this paragraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3- taxable-year period beginning with such taxable year. (B) Special rule.--For purposes of subparagraph (A), rules similar to the rules of subparagraph (E) of section 408A(d)(3) of the Internal Revenue Code of 1986 shall apply. (6) Special rules.-- (A) Exemption of distributions from trustee to trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 1986, qualified disaster distributions shall not be treated as eligible rollover distributions. (B) Qualified disaster distributions treated as meeting plan distribution requirements.--For purposes the Internal Revenue Code of 1986, a qualified disaster distribution shall be treated as meeting the requirements

of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such Code.

(b) Recontributions of Withdrawals for Home Purchases.-- (1) Recontributions.-- (A) In general.--Any individual who received a qualified distribution may, during the applicable period, make 1 or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B) of the Internal Revenue Code of 1986) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), of such Code, as the case may be. (B) Treatment of repayments.--Rules similar to the rules of subparagraphs (B) and (C) of subsection (a)(3) shall apply for purposes of this subsection. (2) Qualified distribution.--For purposes of this subsection, the term ``qualified distribution'' means any distribution-- (A) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F), of the Internal Revenue Code of 1986, (B) which was to be used to purchase or construct a principal residence in a qualified disaster area, but which was not so used on account of the qualified disaster with respect to such area, and (C) which was received during the period beginning on the date which is 180 days before the first day of the incident period of such qualified disaster and ending on the date which is 30 days after the last day of such incident period. (3) Applicable period.--For purposes of this subsection, the term ``applicable period'' means, in the case of a principal residence in a qualified disaster area with respect to any qualified disaster, the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the date of the enactment of this Act.

(c) Loans From Qualified Plans.-- (1) Increase in limit on loans not treated as distributions.--In the case of any loan from a qualified employer plan (as defined under section 72(p)(4) of the Internal Revenue Code of 1986) to a qualified individual made during the 180-day period beginning on the date of the enactment of this Act-- (A) clause (i) of section 72(p)(2)(A) of such Code shall be applied by substituting ``$100,000'' for ``$50,000'', and (B) clause (ii) of such section shall be applied by substituting ``the present value of the nonforfeitable accrued benefit of the employee under the plan'' for ``one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan''.

(2) Delay of repayment.--In the case of a qualified individual (with respect to any qualified disaster) with an outstanding loan (on or after the first day of the incident period of such qualified disaster) from a qualified employer plan (as defined in section 72(p)(4) of the Internal Revenue Code of 1986)-- (A) if the due date pursuant to subparagraph (B) or (C) of section 72(p)(2) of such Code for any repayment with respect to such loan occurs during the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the last day of such incident period, such due date shall be delayed for 1 year (or, if later, until the date which is 180 days after the date of the enactment of this Act), (B) any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under subparagraph (A) and any interest accruing during such delay, and (C) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of section 72(p)(2) of such Code, the period described in subparagraph (A) of this paragraph shall be disregarded. (3) Qualified individual.--For purposes of this subsection, the term ``qualified individual'' means any individual-- (A) whose principal place of abode at any time during the incident period of any qualified disaster is located in the qualified disaster area with respect to such qualified disaster, and (B) who has sustained an economic loss by reason of such qualified disaster.

(d) Provisions Relating to Plan Amendments.-- (1) In general.--If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies.-- (A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to any provision of this section, or pursuant to any regulation issued by the Secretary or the Secretary of Labor under any provision of this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2020, or such later date as the Secretary may prescribe. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). (B) Conditions.--This subsection shall not apply to any amendment unless-- (i) during the period-- (I) beginning on the date that this section or the regulation described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by this section or such

regulation, the effective date specified by the plan), and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and (ii) such plan or contract amendment applies retroactively for such period.

QUALIFIED DISASTERS.

(a) In General.--For purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the 2018 through 2019 qualified disaster employee retention credit shall be treated as a credit listed at the end of subsection (b) of such section. For purposes of this subsection, the 2018 through 2019 qualified disaster employee retention credit for any taxable year is an amount equal to 40 percent of the qualified wages with respect to each eligible employee of such employer for such taxable year. The amount of qualified wages with respect to any employee which may be taken into account under this subsection by the employer for any taxable year shall not exceed $6,000 (reduced by the amount of qualified wages with respect to such employee which may be so taken into account for any prior taxable year). (b) Definitions.--For purposes of this section-- (1) Eligible employer.--The term ``eligible employer'' means any employer-- (A) which conducted an active trade or business in a qualified disaster zone at any time during the incident period of the qualified disaster with respect to such qualified disaster zone, and (B) with respect to whom the trade or business described in subparagraph (A) is inoperable at any time during the period beginning on the first day of the incident period of such qualified disaster and ending on the date of the enactment of this Act, as a result of damage sustained by reason of such qualified disaster. (2) Eligible employee.--The term ``eligible employee'' means with respect to an eligible employer an employee whose principal place of employment with such eligible employer (determined immediately before the qualified disaster referred to in paragraph (1)) was in the qualified disaster zone referred to in such paragraph. (3) Qualified wages.--The term ``qualified wages'' means wages (as defined in section 51(c)(1) of the Internal Revenue Code of 1986, but without regard to section 3306(b)(2)(B) of such Code) paid or incurred by an eligible employer with respect to an eligible employee at any time on or after the date on which the trade or business described in paragraph (1) first became inoperable at the principal place of employment of the employee (determined immediately before the qualified disaster referred to in such paragraph) and before the earlier of-- (A) the date on which such trade or business has resumed significant operations at such principal place of employment, or

(B) the date which 150 days after the last day of the incident period of the qualified disaster referred to in paragraph (1). Such term shall include wages paid without regard to whether the employee performs no services, performs services at a different place of employment than such principal place of employment, or performs services at such principal place of employment before significant operations have resumed.

(c) Certain Rules to Apply.--For purposes of this section, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply. (d) Employee Not Taken Into Account More Than Once.--An employee shall not be treated as an eligible employee for purposes of this section for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.

(a) Temporary Increase in Limitation on Qualified Contributions.-- (1) Suspension of current limitation.--Except as otherwise provided in paragraph (2), qualified contributions shall be disregarded in applying subsections (b) and (d) of section 170 of the Internal Revenue Code of 1986. (2) Application of increased limitation.--For purposes of section 170 of the Internal Revenue Code of 1986-- (A) Individuals.--In the case of an individual-- (i) Limitation.--Any qualified contribution shall be allowed as a deduction only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer's contribution base (as defined in subparagraph (H) of section 170(b)(1) of such Code) over the amount of all other charitable contributions allowed under section 170(b)(1) of such Code. (ii) Carryover.--If the aggregate amount of qualified contributions made in the contribution year (within the meaning of section 170(d)(1) of such Code) exceeds the limitation of clause (i), such excess shall be added to the excess described in section 170(b)(1)(G)(ii). (B) Corporations.--In the case of a corporation-- (i) Limitation.--Any qualified contribution shall be allowed as a deduction only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer's taxable income (as determined under paragraph (2) of section 170(b) of such Code) over the amount of all other charitable contributions allowed under such paragraph. (ii) Carryover.--If the aggregate amount of qualified contributions made in the contribution year (within the meaning of section 170(d)(2) of such Code) exceeds the limitation of clause (i), such excess shall be appropriately taken into account under section 170(d)(2) subject to the limitations thereof. (3) Qualified contributions.--

(A) In general.--For purposes of this subsection, the term ``qualified contribution'' means any charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) if-- (i) such contribution-- (I) is paid, during the period beginning on January 1, 2018, and ending on the date which is 60 days after the date of the enactment of this Act, in cash to an organization described in section 170(b)(1)(A) of such Code, and (II) is made for relief efforts in one or more qualified disaster areas, (ii) the taxpayer obtains from such organization contemporaneous written acknowledgment (within the meaning of section 170(f)(8) of such Code) that such contribution was used (or is to be used) for relief efforts described in clause (i)(II), and (iii) the taxpayer has elected the application of this subsection with respect to such contribution. (B) Exception.--Such term shall not include a contribution by a donor if the contribution is-- (i) to an organization described in section 509(a)(3) of the Internal Revenue Code of 1986, or (ii) for the establishment of a new, or maintenance of an existing, donor advised fund (as defined in section 4966(d)(2) of such Code). (C) Application of election to partnerships and s corporations.--In the case of a partnership or S corporation, the election under subparagraph (A)(iii) shall be made separately by each partner or shareholder.

(b) Special Rules for Qualified Disaster- related Personal Casualty Losses.-- (1) In general.--If an individual has a net disaster loss for any taxable year-- (A) the amount determined under section 165(h)(2)(A)(ii) of the Internal Revenue Code of 1986 shall be equal to the sum of-- (i) such net disaster loss, and (ii) so much of the excess referred to in the matter preceding clause (i) of section 165(h)(2)(A) of such Code (reduced by the amount in clause (i) of this subparagraph) as exceeds 10 percent of the adjusted gross income of the individual, (B) section 165(h)(1) of such Code shall be applied by substituting ``$500'' for ``$500 ($100 for taxable years beginning after December 31, 2009)'', (C) the standard deduction determined under section 63(c) of such Code shall be increased by the net disaster loss, and (D) section 56(b)(1)(E) of such Code (section 56(b)(1)(D) of such Code in the case of taxable years ending after December 31, 2018) shall not apply to so much of the standard deduction as is attributable to the increase under subparagraph (C) of this paragraph. (2) Net disaster loss.--For purposes of this subsection, the term ``net disaster loss'' means the excess of qualified disaster-related personal casualty losses over personal casualty

gains (as defined in section 165(h)(3)(A) of the Internal Revenue Code of 1986). (3) Qualified disaster-related personal casualty losses.-- For purposes of this subsection, the term ``qualified disaster- related personal casualty losses'' means losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in a qualified disaster area on or after the first day of the incident period of the qualified disaster to which such area relates, and which are attributable to such qualified disaster.

(c) Special Rule for Determining Earned Income.-- (1) In general.--In the case of a qualified individual, if the earned income of the taxpayer for the applicable taxable year is less than the earned income of the taxpayer for the preceding taxable year, the credits allowed under sections 24(d) and 32 of the Internal Revenue Code of 1986 may, at the election of the taxpayer, be determined by substituting-- (A) such earned income for the preceding taxable year, for (B) such earned income for the applicable taxable year. (2) Qualified individual.--For purposes of this subsection, the term ``qualified individual'' means any individual whose principal place of abode at any time during the incident period of any qualified disaster was located-- (A) in the qualified disaster zone with respect to such qualified disaster, or (B) in the qualified disaster area with respect to such qualified disaster (but outside the qualified disaster zone with respect to such qualified disaster) and such individual was displaced from such principal place of abode by reason of such qualified disaster. (3) Applicable taxable year.--For purposes of this subsection, the term ``applicable taxable year'' means-- (A) in the case of a qualified individual other than an individual described in subparagraph (B), any taxable year which includes any portion of the incident period of the qualified disaster to which the qualified disaster area referred to in paragraph (2)(A) relates, or (B) in the case of a qualified individual described in subparagraph (B) of paragraph (2), any taxable year which includes any portion of the period described in such subparagraph. (4) Earned income.--For purposes of this subsection, the term ``earned income'' has the meaning given such term under section 32(c) of the Internal Revenue Code of 1986. (5) Special rules.-- (A) Application to joint returns.--For purposes of paragraph (1), in the case of a joint return for an applicable taxable year-- (i) such paragraph shall apply if either spouse is a qualified individual, and (ii) the earned income of the taxpayer for the preceding taxable year shall be the sum of the earned income of each spouse for such preceding taxable year. (B) Uniform application of election.--Any election made under paragraph (1) shall apply with respect to both

sections 24(d) and 32 of the Internal Revenue Code of 1986. (C) Errors treated as mathematical error.--For purposes of section 6213 of the Internal Revenue Code of 1986, an incorrect use on a return of earned income pursuant to paragraph (1) shall be treated as a mathematical or clerical error. (D) No effect on determination of gross income, etc.--Except as otherwise provided in this subsection, the Internal Revenue Code of 1986 shall be applied without regard to any substitution under paragraph (1).

CERTAIN TAXPAYERS AFFECTED BY FEDERALLY DECLARED DISASTERS.

(a) In General.--Section 7508A is amended by adding at the end the following new subsection: ``(d) Mandatory 60-day Extension.-- ``(1) In general.--In the case of any qualified taxpayer, the period-- ``(A) beginning on the earliest incident date specified in the declaration to which the disaster area referred to in paragraph (2) relates, and ``(B) ending on the date which is 60 days after the latest incident date so specified, shall be disregarded in the same manner as a period specified under subsection (a). ``(2) Qualified taxpayer.--For purposes of this subsection, the term `qualified taxpayer' means-- ``(A) any individual whose principal residence (for purposes of section 1033(h)(4)) is located in a disaster area, ``(B) any taxpayer if the taxpayer's principal place of business (other than the business of performing services as an employee) is located in a disaster area, ``(C) any individual who is a relief worker affiliated with a recognized government or philanthropic organization and who is assisting in a disaster area, ``(D) any taxpayer whose records necessary to meet a deadline for an act described in section 7508(a)(1) are maintained in a disaster area, ``(E) any individual visiting a disaster area who was killed or injured as a result of the disaster, and ``(F) solely with respect to a joint return, any spouse of an individual described in any preceding subparagraph of this paragraph. ``(3) Disaster area.--For purposes of this subsection, the term `disaster area' has the meaning given such term under subparagraph (B) of section 165(i)(5) with respect to a Federally declared disaster (as defined in subparagraph (A) of such section). ``(4) Application to rules regarding pensions.--In the case of any person described in subsection (b), a rule similar to the rule of paragraph (1) shall apply for purposes of subsection (b) with respect to-- ``(A) making contributions to a qualified retirement plan (within the meaning of section 4974(c)) under section 219(f)(3), 404(a)(6), 404(h)(1)(B), or 404(m)(2),

``(B) making distributions under section 408(d)(4), ``(C) recharacterizing contributions under section 408A(d)(6), and ``(D) making a rollover under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3). ``(5) Coordination with periods specified by the secretary.--Any period described in paragraph (1) with respect to any person (including by reason of the application of paragraph (4)) shall be in addition to (or concurrent with, as the case may be) any period specified under subsection (a) or (b) with respect to such person.''.

(b) Effective Date.--The amendment made by this section shall apply to federally declared disasters declared after the date of the enactment of this Act.

INVESTMENT INCOME OF PRIVATE FOUNDATIONS.

(a) In General.--Section 4940(a) is amended by striking ``2 percent'' and inserting ``1.39 percent''. (b) Elimination of Reduced Tax Where Foundation Meets Certain Distribution Requirements.--Section 4940 is amended by striking subsection (e). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

QUALIFIED 2017 AND 2018 CALIFORNIA DISASTER AREAS.

(a) In General.--For purposes of section 42 of the Internal Revenue Code of 1986, the State housing credit ceiling for California for calendar year 2020 shall be increased by the lesser of-- (1) the aggregate housing credit dollar amount allocated by the State housing credit agencies of California for such calendar year to buildings located in qualified 2017 and 2018 California disaster areas, or (2) 50 percent of the sum of the State housing credit ceilings for California for calendar years 2017 and 2018.

(b) Allocations Treated as Made First From Additional Allocation for Purposes of Determining Carryover.--For purposes of determining the unused State housing credit ceiling for any calendar year under section 42(h)(3)(C) of the Internal Revenue Code of 1986, any increase in the State housing credit ceiling under subsection (a) shall be treated as an amount described in clause (ii) of such section. (c) Definitions.--For purposes of this section-- (1) Qualified 2017 and 2018 california disaster areas.--The term ``qualified 2017 and 2018 California disaster areas'' means any area in California which was determined by the President (before January 1, 2019) to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of a major disaster the incident period of which begins or ends in calendar year 2017 or 2018. Notwithstanding section 201, for purposes of the preceding sentence, the term ``incident period'' means the period specified by the Federal Emergency Management Agency as the period during which the disaster occurred.

(2) Other definitions.--Terms used in this section which are also used in section 42 of the Internal Revenue Code of 1986 shall have the same meaning in this section as in such section 42.

(a) Payments to Possessions With Mirror Code Tax Systems.--The Secretary of the Treasury shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of the provisions of this title. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (b) Payments to Other Possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the provisions of this title if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents. (c) Mirror Code Tax System.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.

(d) Treatment of Payments.--For purposes of section 1324 of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.

EXEMPT STATUS OF CERTAIN MUTUAL OR COOPERATIVE TELEPHONE OR ELECTRIC COMPANIES.

(a) In General.--Section 501(c)(12) is amended by adding at the end the following new subparagraph: ``(J) In the case of a mutual or cooperative telephone or electric company described in this paragraph, subparagraph (A) shall be applied without taking into account any income received or accrued from-- ``(i) any grant, contribution, or assistance provided pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act or any similar grant, contribution, or assistance by any local, State, or regional governmental entity for the purpose of relief, recovery, or restoration from, or preparation for, a disaster or emergency, or ``(ii) any grant or contribution by any governmental entity (other than a contribution in aid of construction

or any other contribution as a customer or potential customer) the purpose of which is substantially related to providing, constructing, restoring, or relocating electric, communication, broadband, internet, or other utility facilities or services.''.

(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

FOR CERTAIN FRINGE BENEFIT EXPENSES.

(a) In General.--Section 512(a) is amended by striking paragraph (7).

(b) Effective Date.--The amendment made by this section shall take effect as if included in the amendments made by section 13703 of Public Law 115-97.

Approved December 20, 2019.

LEGISLATIVE HISTORY--H.R. 1865: ---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 165 (2019): Oct. 28, considered and passed House. Nov. 12, considered and passed Senate, amended. Dec. 17, House concurred in Senate amendment with an amendment. Senate considered House amendment. Dec. 19, Senate concurred in House amendment. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019): Dec. 20, Presidential statement.

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