Labor, Health and Human Services, Education, Defense, State, Foreign Operations, and Energy and Water Development Appropriations Act, 2020

II Calendar No. 140 116TH CONGRESS 1ST SESSION H. R. 2740 IN THE SENATE OF THE UNITED STATES JUNE 24, 2019 Received JULY 9, 2019 Read the first time JULY 10, 2019 Read the second time and placed on the calendar AN ACT Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agen- cies for the fiscal year ending September 30, 2020, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Labor, Health and 4 Human Services, Education, Defense, State, Foreign Op- 5 erations, and Energy and Water Development Appropria- 6 tions Act, 2020’’. 7 VerDate Sep 11 2014 22:46 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740 pbinns on DSK79D2C42PROD with BILLS 2 HR 2740 PCS DIVISION A—DEPARTMENTS OF LABOR, 1 HEALTH AND HUMAN SERVICES, AND 2 EDUCATION, AND RELATED AGENCIES 3 APPROPRIATIONS ACT, 2020 4 The following sums are appropriated, out of any 5 money in the Treasury not otherwise appropriated, for the 6 Departments of Labor, Health and Human Services, and 7 Education, and related agencies for the fiscal year ending 8 September 30, 2020, and for other purposes, namely: 9 TITLE I 10 DEPARTMENT OF LABOR 11 EMPLOYMENT AND TRAINING ADMINISTRATION 12 TRAINING AND EMPLOYMENT SERVICES 13 For necessary expenses of the Workforce Innovation 14 and Opportunity Act (referred to in this Act as ‘‘WIOA’’) 15 and the National Apprenticeship Act, $3,977,615,000, 16 plus reimbursements, shall be available. Of the amounts 17 provided: 18 (1) for grants to States for adult employment 19 and training activities, youth activities, and dis- 20 located worker employment and training activities, 21 $2,967,360,000 as follows: 22 (A) $900,000,000 for adult employment 23 and training activities, of which $188,000,000 24 shall be available for the period July 1, 2020 25 VerDate Sep 11 2014 22:46 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740 pbinns on DSK79D2C42PROD with BILLS 3 HR 2740 PCS through June 30, 2021, and of which 1 $712,000,000 shall be available for the period 2 October 1, 2020 through June 30, 2021; 3 (B) $964,000,000 for youth activities, 4 which shall be available for the period April 1, 5 2020 through June 30, 2021; and 6 (C) $1,103,360,000 for dislocated worker 7 employment and training activities, of which 8 $243,360,000 shall be available for the period 9 July 1, 2020 through June 30, 2021, and of 10 which $860,000,000 shall be available for the 11 period October 1, 2020 through June 30, 2021: 12 Provided, That the funds available for allotment to 13 outlying areas to carry out subtitle B of title I of the 14 WIOA shall not be subject to the requirements of 15 section 127(b)(1)(B)(ii) of such Act; and 16 (2) for national programs, $1,010,255,000 as 17 follows: 18 (A) $370,859,000 for the dislocated work- 19 ers assistance national reserve, of which 20 $170,859,000 shall be available for the period 21 July 1, 2020 through September 30, 2021, and 22 of which $200,000,000 shall be available for the 23 period October 1, 2020 through September 30, 24 2021: Provided, That funds provided to carry 25 VerDate Sep 11 2014 22:46 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740 pbinns on DSK79D2C42PROD with BILLS 4 HR 2740 PCS out section 132(a)(2)(A) of the WIOA may be 1 used to provide assistance to a State for state- 2 wide or local use in order to address cases 3 where there have been worker dislocations 4 across multiple sectors or across multiple local 5 areas and such workers remain dislocated; co- 6 ordinate the State workforce development plan 7 with emerging economic development needs; and 8 train such eligible dislocated workers: Provided 9 further, That funds provided to carry out sec- 10 tions 168(b) and 169(c) of the WIOA may be 11 used for technical assistance and demonstration 12 projects, respectively, that provide assistance to 13 new entrants in the workforce and incumbent 14 workers: Provided further, That notwithstanding 15 section 168(b) of the WIOA, of the funds pro- 16 vided under this subparagraph, the Secretary of 17 Labor (referred to in this title as ‘‘Secretary’’) 18 may reserve not more than 7 percent of such 19 funds to provide technical assistance and carry 20 out additional activities related to the transition 21 to the WIOA: Provided further, That of the 22 funds provided under this subparagraph, 23 $150,000,000 shall be for training and employ- 24 ment assistance under sections 168(b), 169(c) 25 VerDate Sep 11 2014 22:46 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740 pbinns on DSK79D2C42PROD with BILLS 5 HR 2740 PCS (notwithstanding the 10 percent limitation in 1 such section) and 170 of the WIOA for the pur- 2 pose of developing, offering, or improving edu- 3 cational or career training programs at commu- 4 nity colleges, defined as public institutions of 5 higher education, as described in section 101(a) 6 of the Higher Education Act and at which the 7 associate’s degree is primarily the highest de- 8 gree awarded, with other eligible institutions of 9 higher education, as defined in section 101(a) 10 of the Higher Education Act, eligible to partici- 11 pate through consortia, with community colleges 12 as the lead grantee: Provided further, That the 13 Secretary shall follow the requirements for the 14 program in the committee report accompanying 15 this Act: Provided further, That any grant 16 funds used for apprenticeships shall be used to 17 support only apprenticeship programs reg- 18 istered under the National Apprenticeship Act 19 and as referred to in Section 3(7)(B) of the 20 Workforce Innovation and Opportunity Act; 21 (B) $55,000,000 for Native American pro- 22 grams under section 166 of the WIOA, which 23 shall be available for the period July 1, 2020 24 through June 30, 2021; 25 VerDate Sep 11 2014 22:46 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740 pbinns on DSK79D2C42PROD with BILLS 6 HR 2740 PCS (C) $98,896,000 for migrant and seasonal 1 farmworker programs under section 167 of the 2 WIOA, including $91,722,000 for formula 3 grants (of which not less than 70 percent shall 4 be for employment and training services), 5 $6,588,000 for migrant and seasonal housing 6 (of which not less than 70 percent shall be for 7 permanent housing), and $586,000 for other 8 discretionary purposes, which shall be available 9 for the period April 1, 2020 through June 30, 10 2021: Provided, That notwithstanding any 11 other provision of law or related regulation, the 12 Department of Labor shall take no action lim- 13 iting the number or proportion of eligible par- 14 ticipants receiving related assistance services or 15 discouraging grantees from providing such serv- 16 ices; 17 (D) $127,500,000 for YouthBuild activi- 18 ties as described in section 171 of the WIOA, 19 which shall be available for the period April 1, 20 2020 through June 30, 2021; 21 (E) $100,000,000 for ex-offender activi- 22 ties, under the authority of section 169 of the 23 WIOA, which shall be available for the period 24 April 1, 2020 through June 30, 2021: Provided, 25 VerDate Sep 11 2014 22:46 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740 pbinns on DSK79D2C42PROD with BILLS 7 HR 2740 PCS That of this amount, $25,000,000 shall be for 1 competitive grants to national and regional 2 intermediaries for activities that prepare young, 3 formerly incarcerated individuals, including 4 those who have dropped out of school or other 5 educational programs, with a priority for 6 projects serving high-crime, high-poverty areas; 7 (F) $8,000,000 for the Workforce Data 8 Quality Initiative, under the authority of section 9 169 of the WIOA, which shall be available for 10 the period July 1, 2020 through June 30, 11 2021; and 12 (G) $250,000,000, to expand opportunities 13 through apprenticeships only registered under 14 the National Apprenticeship Act and as referred 15 to in section 3(7)(B) of the WIOA, to be avail- 16 able to the Secretary to carry out activities 17 through grants, cooperative agreements, con- 18 tracts and other arrangements, with States and 19 other appropriate entities, which shall be avail- 20 able for the period July 1, 2020 through June 21 30, 2021: Provided further, That of the funds 22 provided to carry out this subparagraph, not 23 less than 20 percent shall be for making com- 24 petitive contracts, grants, and cooperative 25 VerDate Sep 11 2014 22:46 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740 pbinns on DSK79D2C42PROD with BILLS 8 HR 2740 PCS agreements to national apprenticeship inter- 1 mediaries, not less than 20 percent shall be for 2 competitive contracts, grants, and cooperative 3 agreements to local apprenticeship inter- 4 mediaries, and not less than 50 percent shall be 5 used to fund grants to States. 6 JOB CORPS 7 (INCLUDING TRANSFER OF FUNDS) 8 To carry out subtitle C of title I of the WIOA, includ- 9 ing Federal administrative expenses, the purchase and 10 hire of passenger motor vehicles, the construction, alter- 11 ation, and repairs of buildings and other facilities, and the 12 purchase of real property for training centers as author- 13 ized by the WIOA, $1,868,655,000, plus reimbursements, 14 as follows: 15 (1) $1,603,325,000 for Job Corps Operations, 16 which shall be available for the period July 1, 2020 17 through June 30, 2021; 18 (2) $233,000,000 for construction, rehabilita- 19 tion and acquisition of Job Corps Centers, which 20 shall be available for the period July 1, 2020 21 through June 30, 2023, and which may include the 22 acquisition, maintenance, and repair of major items 23 of equipment: Provided, That the Secretary may 24 transfer up to 15 percent of such funds to meet the 25 VerDate Sep 11 2014 22:46 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740 pbinns on DSK79D2C42PROD with BILLS 9 HR 2740 PCS operational needs of such centers or to achieve ad- 1 ministrative efficiencies: Provided further, That any 2 funds transferred pursuant to the preceding provi- 3 sion shall not be available for obligation after June 4 30, 2021: Provided further, That the Committees on 5 Appropriations of the House of Representatives and 6 the Senate are notified at least 15 days in advance 7 of any transfer; and 8 (3) $32,330,000 for necessary expenses of Job 9 Corps, which shall be available for obligation for the 10 period October 1, 2019 through September 30, 11 2020: 12 Provided, That no funds from any other appropriation 13 shall be used to provide meal services at or for Job Corps 14 centers. 15 COMMUNITY SERVICE EMPLOYMENT FOR OLDER 16 AMERICANS 17 To carry out title V of the Older Americans Act of 18 1965 (referred to in this Act as ‘‘OAA’’), $463,800,000, 19 which shall be available for the period April 1, 2020 20 through June 30, 2021, and may be recaptured and reobli- 21 gated in accordance with section 517(c) of the OAA. 22 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 23 For payments during fiscal year 2020 of trade ad- 24 justment benefit payments and allowances under part I 25 VerDate Sep 11 2014 22:46 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740 pbinns on DSK79D2C42PROD with BILLS 10 HR 2740 PCS of subchapter B of chapter 2 of title II of the Trade Act 1 of 1974, and section 246 of that Act; and for training, 2 employment and case management services, allowances for 3 job search and relocation, and related State administrative 4 expenses under part II of subchapter B of chapter 2 of 5 title II of the Trade Act of 1974, and including benefit 6 payments, allowances, training, employment and case 7 management services, and related State administration 8 provided pursuant to section 231(a) of the Trade Adjust- 9 ment Assistance Extension Act of 2011 and section 405(a) 10 of the Trade Preferences Extension Act of 2015, 11 $680,000,000 together with such amounts as may be nec- 12 essary to be charged to the subsequent appropriation for 13 payments for any period subsequent to September 15, 14 2020: Provided, That notwithstanding section 502 of this 15 Act, any part of the appropriation provided under this 16 heading may remain available for obligation beyond the 17 current fiscal year pursuant to the authorities of section 18 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)). 19 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 20 SERVICE OPERATIONS 21 For authorized administrative expenses, 22 $84,066,000, together with not to exceed $3,381,695,000 23 which may be expended from the Employment Security 24 VerDate Sep 11 2014 22:46 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740 pbinns on DSK79D2C42PROD with BILLS 11 HR 2740 PCS Administration Account in the Unemployment Trust Fund 1 (‘‘the Trust Fund’’), of which: 2 (1) $2,618,230,000 from the Trust Fund is for 3 grants to States for the administration of State un- 4 employment insurance laws as authorized under title 5 III of the Social Security Act (including not less 6 than $175,000,000 to carry out reemployment serv- 7 ices and eligibility assessments under section 306 of 8 such Act, any claimants of regular compensation, as 9 defined in such section, including those who are 10 profiled as most likely to exhaust their benefits, may 11 be eligible for such services and assessments: Pro- 12 vided, That of such amount, $117,000,000 is speci- 13 fied for grants under section 306 of the Social Secu- 14 rity Act and is provided to meet the terms of section 15 251(b)(2)(E)(ii) of the Balanced Budget and Emer- 16 gency Deficit Control Act of 1985, as amended, and 17 $58,000,000 is additional new budget authority 18 specified for purposes of section 251(b)(2)(E)(i)(II) 19 of such Act; and $9,000,000 for continued support 20 of the Unemployment Insurance Integrity Center of 21 Excellence), the administration of unemployment in- 22 surance for Federal employees and for ex-service 23 members as authorized under 5 U.S.C. 8501–8523, 24 and the administration of trade readjustment allow- 25 VerDate Sep 11 2014 22:46 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740 pbinns on DSK79D2C42PROD with BILLS 12 HR 2740 PCS ances, reemployment trade adjustment assistance, 1 and alternative trade adjustment assistance under 2 the Trade Act of 1974 and under section 231(a) of 3 the Trade Adjustment Ass [Text truncated for display. Full text available on Congress.gov.]