SEC. 101. Short Title.
This title may be cited as the “Platte River Recovery Implementation Program Extension Act”.
Division P — Other Matter
DIVISION P Other Matter
TITLE I Platte River Recovery Implementation Program
SEC. 102. Purpose.
The purpose of this Act is to authorize the Secretary of the Interior, acting through the Commissioner of Reclamation and in partnership with the States, other Federal agencies, and other non-Federal entities, to continue the cooperative effort among the Federal and non-Federal entities through the continued implementation of the Platte River Recovery Implementation 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.
SEC. 103. Definitions.
In this Act:
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.
First increment.— The term “First Increment” means the Program’s first 13 years from January 1, 2007 through December 31, 2019.
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.
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.
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.
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.
Project or activity.— The term “project or activity” means—
the planning, design, permitting, or other compliance activity, construction, construction management, operation, maintenance, and replacement of a facility;
the acquisition of an interest in land or water;
habitat restoration;
research and monitoring;
program administration; and
any other activity that is determined to be necessary by the Secretary to carry out the Program.
Secretary.— The term “Secretary” means the Secretary of the Interior, acting through the Commissioner of Reclamation.
States.— The term “States” means the States of Colorado, Nebraska, and Wyoming.
SEC. 104. Platte River Recovery Implementation Program.
Implementation of Program.—
In general.— The Secretary, in cooperation with the Governance Committee, may—
participate in the Program; and
carry out any projects and activities that are designated for implementation during the First Increment Extension.
Authority of the secretary.— For the purposes of carrying out this section, the Secretary, in cooperation with the Governance Committee, may—
enter into agreements and contracts with Federal and non-Federal entities;
acquire interests in land, water, and facilities from willing sellers without the use of eminent domain;
subsequently transfer any interests acquired under subparagraph (B); and
accept or provide grants.
Cost-Sharing Contributions.—
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.
Non-federal contributions.— The following contributions shall constitute the States’ share of the Program:
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.
Additional credit for contributions of water or land for the purposes of implementing the Program, as determined to be appropriate by the Secretary.
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.
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.
Effect.—
Effect on reclamation laws.— No action carried out under this section shall, with respect to the acreage limitation provisions of the reclamation laws—
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;
serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of the construction obligations of the district; or
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.
Effect on water rights.— Nothing in this section—
creates Federal water rights; or
requires the grant of water rights to Federal entities.
Authorization of Appropriations.—
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).
Nonreimbursable federal expenditures.— Any amounts to be expended under paragraph (1) shall be considered nonreimbursable Federal expenditures.
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.
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.
Termination of Authority.— The authority for the Secretary to implement the First Increment Extension shall terminate on September 30, 2033.
TITLE II Great Lakes
SEC. 201. Great Lakes Monitoring, Assessment, Science, and Research.
Definitions.— In this section:
Director.— The term “Director” means the Director of the United States Geological Survey.
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.
Findings.— Congress finds the following:
The Great Lakes support a diverse ecosystem, on which the vibrant and economically valuable Great Lakes fisheries depend.
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.
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.
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.
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.
Monitoring, Assessment, Science, and Research.—
In general.— The Director may conduct monitoring, assessment, science, and research, in support of the binational fisheries within the Great Lakes Basin.
Specific authorities.— The Director shall, under paragraph (1)—
execute a comprehensive, multi-lake, freshwater fisheries science program;
coordinate with and work cooperatively with regional, State, tribal, and local governments; and
consult with other interested entities groups, including academia and relevant Canadian agencies.
Included research.— To properly serve the needs of fisheries managers, monitoring, assessment, science, and research under this section may include—
deepwater ecosystem sciences;
biological and food-web components;
fish movement and behavior investigations;
fish population structures;
fish habitat investigations;
invasive species science;
use of existing, new, and experimental biological assessment tools, equipment, vessels, other scientific instrumentation and laboratory capabilities necessary to support fishery management decisions; and
studies to assess impacts on Great Lakes Fishery resources.
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.).
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.
TITLE III Morris K. Udall and Stewart L. Udall Foundation
SEC. 301. Findings.
Congress finds the following:
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.
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.
The Foundation is committed to continuing to make a substantial contribution toward public policy in the future by—
playing a significant role in developing the next generation of environmental, public health, public lands, natural resource, and Native American leaders; and
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.
SEC. 302. Definitions.
In General.— Section 4 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5602) is amended—
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”;
by striking paragraph (6);
by redesignating paragraphs (3) through (5), (8), and (9) as paragraphs (4) through (6), (11), and (12), respectively;
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;”
in paragraph (7), by striking “ section 1201(a)” and inserting “ section 101(a)”;
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
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;”
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)”.
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)).
SEC. 303. Establishment of Morris K. Udall and Stewart L. Udall Foundation.
Section 5(e) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5603(e)) is amended by striking “ Arizona.” and inserting “ Arizona and the District of Columbia.”.
SEC. 304. Purpose of the Foundation.
Section 6 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5604) is amended—
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”;
in paragraph (5), by inserting “ , natural resource, conflict resolution,” after “ environmental”;
in paragraph (7)—
by inserting “ at the Native Nations Institute” after “ develop resources”; and
by inserting “ providing education to and” after “ policy, by”; and
in paragraph (8)—
by striking “ United States Institute for Environmental Conflict Resolution” and inserting “ John S. McCain III National Center for Environmental Conflict Resolution”; and
by striking “ resolve environmental” and inserting “ resolve environmental issues, conflicts, and”.
SEC. 305. Authority of the Foundation.
Section 7 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5605) is amended—
in subsection (a)—
in paragraph (1)—
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.”
by redesignating subparagraph (D) as subparagraph (B); and
in subparagraph (B), as redesignated—
in the subparagraph heading, by striking “ Institute for Environmental Conflict Resolution” and inserting “ John s. mccain iii national center for environmental conflict resolution”;
in clause (i)—
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
in subclause (II)—
by inserting “ collaboration,” after “ mediation,”; and
by striking “ to resolve environmental disputes.” and inserting the following:
“(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
in clause (ii), by inserting “ collaboration,” after “ mediation,”;
by striking paragraph (5);
by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively;
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.”
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
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).”
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
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.”
SEC. 306. Environmental Dispute Resolution Fund.
Section 10(b) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5607a(b)) is amended by striking “ Institute” and inserting “ National Center”.
SEC. 307. Use of the National Center by a Federal Agency or Other Entity.
Section 11 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5607b) is amended—
in the section heading, by striking “ the institute” and inserting “ the national center”;
in subsection (a)—
by striking “ Institute” and inserting “ National Center”;
by inserting “ collaboration,” after “ mediation,”; and
by striking “ resources.” and inserting “ resources, or with a Federal, State, or tribal process or procedure that may result in a dispute or conflict.”;
in subsection (b)(1), by striking “ Institute” and inserting “ National Center”;
in subsection (c)—
in paragraph (1), by striking “ Institute” and inserting “ National Center”;
in paragraph (2)(C), by inserting “ mediation, collaboration, and” after “ agree to”; and
in paragraph (3)(A), by striking “ Institute” and inserting “ National Center”;
in each of paragraphs (1)(A) and (2) of subsection (d), by striking “ Institute” and inserting “ National Center”;
in each of paragraphs (1) and (2) of subsection (e), by striking “ Institute” and inserting “ National Center”; and
in subsection (f), by striking “ Institute” and inserting “ National Center”.
SEC. 308. Administrative Provisions.
Section 12 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5608) is amended—
in subsection (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
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
in subsection (b), by striking “ , with the exception of paragraph (4), apply to the Institute” and inserting “ apply to the National Center”.
SEC. 309. Authorization of Appropriations.
Section 13 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5609) is amended—
in subsection (a), by striking “ $40,000,000” and inserting “ $2,000,000 for each of fiscal years 2020 through 2023”; and
in subsection (b), by striking “ fiscal years 2004 through 2008” and inserting “ fiscal years 2020 through 2023”.
SEC. 310. Audit of the Foundation.
Not later than 2 years after the date of enactment of this Act, the Inspector General of the Department of the Interior shall conduct an audit of the Morris K. Udall and Stewart L. Udall Foundation.
TITLE IV White Horse Hill National Game Preserve
SEC. 401. Short Title.
This title may be cited as the “White Horse Hill National Game Preserve Designation Act”.
SEC. 402. Designation of White Horse Hill National Game Preserve, North Dakota.
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”.
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”.
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”.
TITLE V Pittman-Robertson Fund
SEC. 501. Modernizing the Pittman-Robertson Fund for Tomorrow’s Needs.
Short Title.— This title may be cited as the “Modernizing the Pittman-Robertson Fund for Tomorrow’s Needs Act”.
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.”.
Definitions.— Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended—
by redesignating paragraphs (2) through (9) as paragraphs (4) through (11), respectively; and
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;”
Apportionment of Available Amounts.—
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—
by inserting “ Apportionment of Revenues From Pistols, Revolvers, Bows, and Arrows.—” after the enumerator;
by striking “ One-half” and inserting the following:
“(1) In general.—Subject to paragraph (2), ½”
by striking “ : Provided, That” and inserting a period;
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”
by striking “ For the purpose” and inserting the following:
“(3) Population determination.—For the purpose”
; and
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.”
Technical correction.— Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended—
by redesignating the second subsection (c) and subsection (d) as subsections (d) and (e), respectively; and
by striking “ subsection (c)” in the redesignated section 4(e)(3) and replacing it with “ subsection (d), as redesignated”.
Expenditures for Management of Wildlife Areas and Resources.— Section 8 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g) is amended—
in subsection (a), in the third sentence, by striking “ and public relations”; and
in subsection (b), in the first sentence, by striking “ , as a part of such program”.
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—
in clause (iii), by striking “ and” at the end; and
by adding at the end the following:
“(v) the enhancement of hunter recruitment and recreational shooter recruitment; and”
Multistate Conservation Grant Program.—
In general.— Section 11 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–2) is amended—
in subsection (a)(1)—
by striking “ Not more than” and inserting the following:
“(A) In general.—Not more than”
; and
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.”
in the matter preceding subsection (b)(3)(A), by striking “ International”;
in the matter preceding subsection (c)(2)(A)(i), by striking “ International”;
in subsection (c)(2)(A)(i), by inserting “ or to recreational shooting activities” after “ wildlife”; and
in subsection (d), by inserting “ or to recreational shooting activities” after “ wildlife”.
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—
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
submit a report describing the results of the review and evaluation under paragraph (1) to—
the Committee on Environment and Public Works of the Senate; and
the Committee on Natural Resources of the House of Representatives.
TITLE VI John F. Kennedy Center
SEC. 601. Short Title.
This title may be cited as the “John F. Kennedy Center Reauthorization Act of 2019”.
SEC. 602. Authorization of Appropriations.
Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76r), as amended by the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2020, is further amended by striking subsections (a) and (b) and inserting the following:
“(a) 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.”
SEC. 603. Commemoration of the John F. Kennedy Center for the Performing Arts.
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”)—
recognize the year 2021 as the 50th anniversary of the opening of the Center;
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
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.
Authorization for Plaque.—
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.
Specifications.— The plaque shall be—
not less than 6 square feet in size; and
not more than 18 square feet in size;
of any shape that the Trustees of the Center determine to be appropriate; and
placed at a location within the Center approximate to the Eisenhower Theater that the Trustees of the Center determine to be appropriate.
Funding.—
In general.— No Federal funds may be used to design, procure, or install the plaque.
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.
Private fundraising authorized.—
In general.— The Center may solicit and accept private contributions for the design, procurement, and installation of the plaque.
Accounting.— The Center may—
establish an account into which any contributions received pursuant to subparagraph (A) shall be deposited; and
maintain documentation of any contributions received pursuant to subparagraph (A).
TITLE VII Preserving America’s Battlefields
SEC. 701. Short Title.
This title may be cited as the “Preserving America’s Battlefields Act”.
SEC. 702. Authorization of Appropriations for Battlefield Acquisition Grant Program.
Section 308103(f) of title 54, United States Code, is amended by striking “ $10,000,000 for each of fiscal years 2012 and 2013” and inserting “ $18,000,000 for each of fiscal years 2020 through 2028”.
SEC. 703. Establishment of Battlefield Interpretation Modernization Grant Program and Battlefield Restoration Grant Program.
Establishment of Battlefield Grant Programs.— Chapter 3081 of title 54, United States Code, is amended by adding at the end the following:
Ҥ 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.
Ҥ 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.”
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.”.
TITLE VIII Veterans Affairs Report on Disability Compensation and the Positive Association with Exposure to an Herbicide Agent
SEC. 801. Report on Efforts to Determine Whether to Add to the List of Diseases for Which Presumption of Service-Connection Is Warranted for Purposes of Disability Compensation by Reason of Having Positive Association with Exposure to an Herbicide Agent.
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.
Contents.— The report submitted under subsection (a) shall include the following:
A detailed explanation of any delays in making a determination described in such subsection.
An estimate of the cost of adding to the list of diseases described in such subsection.
The date the Secretary anticipates on which the Secretary will promulgate new regulations as described in such subsection.
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.
TITLE IX Disaster Recovery Workforce
SEC. 901. Short Title.
This title may be cited as the “Disaster Recovery Workforce Act”.
SEC. 902. Construction Worker Permits.
Section 6(d)(3) of the Joint Resolution entitled “A Joint 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.”
TITLE X Television Viewer Protection
SEC. 1001. Short Title.
This title may be cited as the “Television Viewer Protection Act of 2019”.
SEC. 1002. Extension of Authority.
in paragraph (2)(C)—
by striking “ until December 31, 2019,”; and
by striking “ antenna,” and all that follows and inserting “ antenna under the statutory license of section 119 of title 17, United States Code;”; and
in paragraph (3)(C), by striking “ until January 1, 2020,” each place it appears.
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”.
SEC. 1003. Satisfaction of Good Faith Negotiation Requirement by Multichannel Video Programming Distributors.
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—
in clause (iv), by striking “ ; and” and inserting a semicolon;
in clause (v), by striking the period at the end and inserting “ ; and”; and
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.”
in subparagraph (A), by striking “ ; and” and inserting a semicolon;
in subparagraph (B), by striking the period at the end and inserting a semicolon; and
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.”
Conforming Amendments.— Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended—
in paragraph (2), by striking “ , and the term ‘local market’ has the meaning given that term in section 122(j) of such title”; and
in paragraph (3)(C), by striking “ (as defined in section 122(j) of title 17, United States Code)” each place it appears.
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.
SEC. 1004. Requirements Relating to Charges for Covered Services.
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.”
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.
TITLE XI Eligibility to Receive Signals under a Distant-Signal Satellite License
SEC. 1101. Short Title.
This title may be cited as the “Satellite Television Community Protection and Promotion Act of 2019”.
SEC. 1102. Eligibility to Receive Signals under a Distant-Signal Satellite License.
in subsection (a)—
in paragraph (2)—
in subparagraph (A)—
by striking “ signals, and” and inserting “ signals,”;
by inserting “ , and the carrier provides local-into-local service to all DMAs” after “ receiving the secondary transmission”; and
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
in subparagraph (B)—
by striking clauses (ii) and (iii);
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.”
by striking paragraphs (3), (6)(E), (9), (10), and (13); and
by redesignating paragraphs (4), (5), (6), (7), (8), (11), (12), and (14) as paragraphs (3) through (10), respectively;
in subsection (c)(1)(E)—
by striking the comma after “ in the agreement”;
by striking “ until December 31, 2019, or”; and
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”;
in subsection (d)—
in paragraph (10)—
in subparagraph (D), by striking “ subsection (a)(11)” and inserting “ subsection (a)(8)”;
by striking subparagraphs (A), (B), (C), and (E);
by redesignating subparagraph (D) as subparagraph (A); and
by adding at the end the following:
“(B) is a subscriber located in a short market.”
by striking paragraph (13);
by redesignating paragraphs (14) and (15) as paragraphs (13) and (14), respectively; and
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.”
by striking subsections (e) and (h);
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
by redesignating subsections (f) and (g) as subsections (e) and (f).
Previously Covered Subscribers Under the STELA Reauthorization Act of 2014.—
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—
May 31, 2020; or
the date on which such carrier provides local-into-local service to all DMAs.
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.
Conforming Amendments.— Title 17, United States Code, is further amended—
in section 119, as amended by subsection (a)—
in subsection (a)—
in paragraph (1), by striking “ paragraphs (4), (5), and (7)” and inserting “ paragraphs (3), (4), and (6)”; and
in paragraph (2), by striking “ paragraphs (4), (5), (6), and (7)” and inserting “ paragraphs (3), (4), (5), and (6)”; and
in subsection (f), as so redesignated, by striking “ subsection (a)(7)(B)” each place it appears and inserting “ subsection (a)(5)(B)”; and
in section 501(e), by striking “ section 119(a)(5)” and inserting “ section 119(a)(3)”.
TITLE XII Groundfish Trawl Fishery
SEC. 1201. Groundfish Trawl Fishery.
The Secretary of Commerce shall forgive the interest accrued on the Groundfish Trawl fishery sub-loan regarding fishing capacity reduction in the West Coast groundfish fishery authorized by section 212 of division B, title II, of Public Law 108–7 from December 4, 2003, through September 8, 2005, and the portion of additional interest accrued in the Groundfish Trawl fishery sub-loan since September 8, 2005, that is directly attributable to the delay in implementing a repayment system. The Secretary of the Treasury shall make available, out of any funds in the Treasury not otherwise appropriated, such sums necessary for any loan modification under this provision.
TITLE XIII Temporary Relief from Certain Erisa Requirements
SEC. 1301. Short Title.
This title may be cited as the “Temporary Relief from Certain ERISA Requirements Act of 2020”.
SEC. 1302. Exemption.
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,
“(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).”
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.”
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.
TITLE XIV Library of Congress Technical Corrections
SEC. 1401. Short Title.
This title may be cited as the “Library of Congress Technical Corrections Act of 2019”.
SEC. 1402. Amendment to American Folklife Preservation Act.
Section 4 of the American Folklife Preservation Act (20 U.S.C. 2103) is amended—
in subsection (b)(1)(D)—
in the matter preceding clause (i), by striking “ seven” and inserting “ nine”;
in clause (vi), by striking “ and” after the semicolon;
in clause (vii), by striking the period at the end and inserting a semicolon; and
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
in subsection (f), by striking the second sentence and inserting the following: “ The rate of basic pay of the Director shall be fixed in accordance with section 5376(b) of title 5, United States Code.”.
SEC. 1403. National Library Service for the Blind and Print Disabled.
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.”
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.
SEC. 1404. Uniform Pay Scale for Library of Congress Career Senior Executive Positions.
Executive Schedule Positions.—
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.”
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.”.
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.”.
References to GS Grades 16, 17, and 18 and Senior Level Classification.—
Congressional research service.— Section 203(c)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 166(c)(2)) is amended—
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
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.”.
U.s. copyright office.— Section 701(f) of title 17, United States Code, is amended by striking the last sentence and inserting “ The rate of basic pay for each Associate Register of Copyrights shall be fixed in accordance with section 5376 of title 5.”.
SEC. 1405. Staffing for Copyright Royalty Judges Program.
Removal of Cap on Personnel.— Chapter 8 of title 17, United States Code, is amended—
in section 802—
in subsection (b), by striking “ 3”; and
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
in section 803(e)(1)(A), by striking “ 3”.
Effective Date.— The amendments made by this section shall take effect with respect to fiscal year 2020 and each fiscal year thereafter.
TITLE XV Senate Entities
Sec. 1501.
Section 2(c) of chapter VIII of title I of Public Law 100–71 (2 U.S.C. 6567(c)) is amended by striking “ $10,000” and inserting “ $15,000”.
Sec. 1502.
Section 902 of the Emergency Supplemental Act, 2002 (2 U.S.C. 6616) is amended—
in subsection (a)—
in paragraph (1)—
by striking “ subsection (b)” and inserting “ paragraph (3)”; and
by striking “ and” at the end;
in paragraph (2), by striking the period and inserting “ ; and”; and
by adding at the end the following:
“(3) the Sergeant at Arms of the Senate may enter into a memorandum of understanding described in paragraph (1) consistent with the Senate Procurement Regulations.”
; and
by striking subsection (b) and inserting the following:
“(b) The Sergeant at Arms of the Senate may incur obligations and make expenditures for meals, refreshments, and other support and maintenance for Members, officers, and employees of the Senate when such obligations and expenditures are necessary to respond to emergencies involving the safety of human life or the protection of property.”
TITLE XVI Legislative Branch Inspectors General Independence
SEC. 1601. Short Title.
This title may be cited as the “Legislative Branch Inspectors General Independence Act of 2019”.
SEC. 1602. Pay, Limits on Bonuses, Counsel, and Authorities.
Library of Congress.— Section 1307 of the Legislative Branch Appropriations Act, 2006 (2 U.S.C. 185) is amended—
in subsection (c)—
in the subsection heading, by inserting “ ; Pay; Limits on Bonuses; Counsel” after “ Removal”;
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
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
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”.
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—
in the subsection heading, by inserting “ ; Pay; Limits on Bonuses; Counsel” after “ Removal”;
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
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.”
Government Publishing Office.—
in the section heading, by inserting “ ; pay; limits on bonuses; counsel” after “ removal”;
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
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.”
Technical and conforming amendment.— The table of sections for chapter 39 of title 44, United States Code, is amended by striking the item relating to section 3902 and inserting the following:
“3902. Appointment of Inspector General; supervision; removal; pay; limits on bonuses; counsel.”.
SEC. 1603. Law Enforcement Authority.
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.”
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.”
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 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.”
SEC. 1604. Budget Independence.
Library of Congress.—
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.”
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.”
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.”
Separate Allocations.—
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.
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.
SEC. 1605. Hiring Authority.
Library of Congress.— Section 1307(d)(2) of the Legislative Branch Appropriations Act, 2006 (2 U.S.C. 185(d)(2)) is amended—
by striking “ The Inspector” and inserting the following:
“(A) In general.—The Inspector”
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
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.).”
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—
by striking “ The Inspector” and inserting the following:
“(A) In general.—The Inspector”
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
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.).”
by inserting “ (1)” before “ The Inspector”;
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
by adding at the end the following:
“(2) Appointments under the authority under paragraph (1) shall be made consistent with personnel security and suitability requirements.
“(3) Any appointment of a consultant under the authority under paragraph (1) shall be made consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).”
TITLE XVII Managing Political Fund Activity
SEC. 1701. Managing Political Fund Activity.
The Majority Leader and the Minority Leader may each 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.
TITLE XVIII Kentucky Wildlands National Heritage Area Study
SEC. 1801. Short Title.
This title may be cited as the “Kentucky Wildlands National Heritage Area Study Act”.
SEC. 1802. Definitions.
In this Act:
Heritage area.— The term “Heritage Area” means the Kentucky Wildlands National Heritage Area.
Secretary.— The term “Secretary” means the Secretary of the Interior.
State.— The term “State” means the State of Kentucky.
Study area.— The term “study area” means—
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
any other areas in the State that—
have heritage aspects that are similar to the heritage aspects of the areas described in subparagraph (A); and
are adjacent to, or in the vicinity of, the areas described in that subparagraph.
SEC. 1803. Study.
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”.
Requirements.— The study shall include analysis, documentation, and determinations on whether the study area—
has an assemblage of natural, historic, and cultural resources that—
represent distinctive aspects of the heritage of the United States;
are worthy of recognition, conservation, interpretation, and continuing use; and
would be best managed—
through partnerships among public and private entities; and
by linking diverse and sometimes noncontiguous resources and active communities;
reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States;
provides outstanding opportunities—
to conserve natural, historic, cultural, or scenic features; and
for recreation and education;
contains resources that—
are important to any identified themes of the study area; and
retain a degree of integrity capable of supporting interpretation;
includes residents, business interests, nonprofit organizations, and State and local governments that—
are involved in the planning of the Heritage Area;
have developed a conceptual financial plan that outlines the roles of all participants in the Heritage Area, including the Federal Government; and
have demonstrated support for the designation of the Heritage Area;
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;
could impact the rights of private property owners with respect to private property; and
has a conceptual boundary map that is supported by the public.
SEC. 1804. Report.
Not later than 3 years after the date on which funds are first made available to carry out this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
the findings of the study under section 1803; and
any conclusions and recommendations of the Secretary.
TITLE XIX International Bank for Reconstruction and Development
SEC. 1901. International Bank for Reconstruction and Development.
The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by adding at the end the following new section:
“SEC. 73. CAPITAL STOCK INCREASES.
“(a) 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.”
TITLE XX European Energy Security and Diversification Act of 2019
SEC. 2001. Short Title.
This title may be cited as the “European Energy Security and Diversification Act of 2019”.
SEC. 2002. Definitions.
In this title:
Early-stage project support.— The term “early-stage project support” includes—
feasibility studies;
resource evaluations;
project appraisal and costing;
pilot projects;
commercial support, such as trade missions, reverse trade missions, technical workshops, international buyer programs, and international partner searchers to link suppliers to projects;
technical assistance and other guidance to improve the local regulatory environment and market frameworks to encourage transparent competition and enhance energy security; and
long-term energy sector planning.
Late-stage project support.— The term “late-stage project support” includes debt financing, insurance, and transaction advisory services.
SEC. 2003. Statement of Policy.
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.
Statement of Policy.— It is the policy of the United States—
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;
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;
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
to help facilitate the export of United States energy resources, technology, and expertise to global markets in a way that benefits the energy security of allies and partners of the United States, including in Europe and Eurasia.
SEC. 2004. Prioritization of Efforts and Assistance for Energy Infrastructure Projects in Europe and Eurasia.
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—
providing diplomatic and political support to the European Commission and those governments, as necessary—
to facilitate international negotiations concerning cross-border infrastructure;
to enhance Europe’s regulatory environment with respect to energy; and
to develop accessible, transparent, and competitive energy markets supplied by diverse sources, types, and routes of energy; and
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—
to diversify the energy sources and supply routes of European and Eurasian countries;
to enhance energy market integration across the region; and
to increase competition within energy markets.
Project Selection.—
In general.— The agencies described in subsection (a) shall identify energy infrastructure projects that would be appropriate for United States assistance under this section.
Project eligibility.— A project is eligible for United States assistance under this section if the project—
improves electricity transmission infrastructure, power generation through the use of a broad power mix (including fossil fuel and renewable energy), or energy efficiency; or
advances electricity storage projects, smart grid projects, distributed generation models, or other technological innovations, as appropriate; and
is located in a European or Eurasian country.
Preference.— In selecting among projects that are eligible under paragraph (2), the agencies described in subsection (a) shall give preference to projects that—
link the energy systems of 2 or more European or Eurasian countries;
have already been identified by the European Commission as being integral for the energy security of European countries;
are expected to enhance energy market integration;
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
have the potential to use United States goods and services during project implementation.
Types of Assistance.—
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).
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.
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.
Funding.—
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”.
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—
in subsection (a), by striking “ fiscal years 2018 and 2019” and inserting “ fiscal years 2020, 2021, 2022, and 2023”; and
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.”
Exception From Certain Limitation Under BUILD Act.—
In general.— For purposes of providing support for projects under this section—
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);
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
the Corporation shall restrict the provision of such support in a country described in subparagraph (A) unless—
the President certifies to the appropriate congressional committees that such support furthers the national economic or foreign policy interests of the United States; and
such support is—
designed to produce significant developmental outcomes or provide developmental benefits to the poorest population of that country; or
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.
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).
SEC. 2005. Progress Reports.
Not later than one year after the date of the enactment of this Act, and annually thereafter, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on progress made in providing assistance for projects under section 2004 that includes—
a description of the energy infrastructure projects the United States has identified for such assistance; and
for each such project—
a description of the role of the United States in the project, including in early-stage project support and late-stage project support;
the amount and form of any debt financing and insurance provided by the United States Government for the project;
the amount and form of any early-stage project support; and
an update on the progress made on the project as of the date of the report.