An original bill making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2020, and for other purposes.

II Calendar No. 231 116TH CONGRESS 1ST SESSION S. 2584 [Report No. 116–127] Making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2020, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 26, 2019 Mr. MORAN, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendar A BILL Making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies 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 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for the 4 Departments of Commerce and Justice, Science, and Re- 5 lated Agencies for the fiscal year ending September 30, 6 2020, and for other purposes, namely: 7 2 •S 2584 RS TITLE I 1 DEPARTMENT OF COMMERCE 2 INTERNATIONAL TRADE ADMINISTRATION 3 OPERATIONS AND ADMINISTRATION 4 For necessary expenses for international trade activi- 5 ties of the Department of Commerce provided for by law, 6 and for engaging in trade promotional activities abroad, 7 including expenses of grants and cooperative agreements 8 for the purpose of promoting exports of United States 9 firms, without regard to sections 3702 and 3703 of title 10 44, United States Code; full medical coverage for depend- 11 ent members of immediate families of employees stationed 12 overseas and employees temporarily posted overseas; travel 13 and transportation of employees of the International 14 Trade Administration between two points abroad, without 15 regard to section 40118 of title 49, United States Code; 16 employment of citizens of the United States and aliens by 17 contract for services; rental of space abroad for periods 18 not exceeding 10 years, and expenses of alteration, repair, 19 or improvement; purchase or construction of temporary 20 demountable exhibition structures for use abroad; pay- 21 ment of tort claims, in the manner authorized in the first 22 paragraph of section 2672 of title 28, United States Code, 23 when such claims arise in foreign countries; not to exceed 24 $294,300 for official representation expenses abroad; pur- 25 3 •S 2584 RS chase of passenger motor vehicles for official use abroad, 1 not to exceed $45,000 per vehicle; obtaining insurance on 2 official motor vehicles; and rental of tie lines, 3 $521,250,000, to remain available until September 30, 4 2020, of which $11,000,000 is to be derived from fees to 5 be retained and used by the International Trade Adminis- 6 tration, notwithstanding section 3302 of title 31, United 7 States Code: Provided, That, of amounts provided under 8 this heading, not less than $16,400,000 shall be for China 9 antidumping and countervailing duty enforcement and 10 compliance activities: Provided further, That the provisions 11 of the first sentence of section 105(f) and all of section 12 108(c) of the Mutual Educational and Cultural Exchange 13 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 14 in carrying out these activities; and that for the purpose 15 of this Act, contributions under the provisions of the Mu- 16 tual Educational and Cultural Exchange Act of 1961 shall 17 include payment for assessments for services provided as 18 part of these activities. 19 BUREAU OF INDUSTRY AND SECURITY 20 OPERATIONS AND ADMINISTRATION 21 For necessary expenses for export administration and 22 national security activities of the Department of Com- 23 merce, including costs associated with the performance of 24 export administration field activities both domestically and 25 4 •S 2584 RS abroad; full medical coverage for dependent members of 1 immediate families of employees stationed overseas; em- 2 ployment of citizens of the United States and aliens by 3 contract for services abroad; payment of tort claims, in 4 the manner authorized in the first paragraph of section 5 2672 of title 28, United States Code, when such claims 6 arise in foreign countries; not to exceed $13,500 for offi- 7 cial representation expenses abroad; awards of compensa- 8 tion to informers under the Export Control Reform Act 9 of 2018 (subtitle B of title XVII of the John S. McCain 10 National Defense Authorization Act for Fiscal Year 2019; 11 Public Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et 12 seq.), and as authorized by section 1(b) of the Act of June 13 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase 14 of passenger motor vehicles for official use and motor vehi- 15 cles for law enforcement use with special requirement vehi- 16 cles eligible for purchase without regard to any price limi- 17 tation otherwise established by law, $127,652,000, to re- 18 main available until expended: Provided, That the provi- 19 sions of the first sentence of section 105(f) and all of sec- 20 tion 108(c) of the Mutual Educational and Cultural Ex- 21 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 22 apply in carrying out these activities: Provided further, 23 That payments and contributions collected and accepted 24 for materials or services provided as part of such activities 25 5 •S 2584 RS may be retained for use in covering the cost of such activi- 1 ties, and for providing information to the public with re- 2 spect to the export administration and national security 3 activities of the Department of Commerce and other ex- 4 port control programs of the United States and other gov- 5 ernments. 6 ECONOMIC DEVELOPMENT ADMINISTRATION 7 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 8 For grants for economic development assistance as 9 provided by the Public Works and Economic Development 10 Act of 1965, for trade adjustment assistance, and for 11 grants authorized by section 27 of the Stevenson-Wydler 12 Technology Innovation Act of 1980 (15 U.S.C. 3722), 13 $279,500,000, to remain available until expended, of 14 which $31,000,000 shall be for grants under such section 15 27. 16 SALARIES AND EXPENSES 17 For necessary expenses of administering the eco- 18 nomic development assistance programs as provided for by 19 law, $40,000,000: Provided, That these funds may be used 20 to monitor projects approved pursuant to title I of the 21 Public Works Employment Act of 1976, title II of the 22 Trade Act of 1974, section 27 of the Stevenson-Wydler 23 Technology Innovation Act of 1980 (15 U.S.C. 3722), and 24 the Community Emergency Drought Relief Act of 1977. 25 6 •S 2584 RS MINORITY BUSINESS DEVELOPMENT AGENCY 1 MINORITY BUSINESS DEVELOPMENT 2 For necessary expenses of the Department of Com- 3 merce in fostering, promoting, and developing minority 4 business enterprises, including expenses of grants, con- 5 tracts, and other agreements with public or private organi- 6 zations, $40,000,000, of which not more than 7 $15,500,000 shall be available for overhead expenses, in- 8 cluding salaries and expenses, rent, utilities, and informa- 9 tion technology services. 10 ECONOMIC AND STATISTICAL ANALYSIS 11 SALARIES AND EXPENSES 12 For necessary expenses, as authorized by law, of eco- 13 nomic and statistical analysis programs of the Department 14 of Commerce, $107,000,000, to remain available until 15 September 30, 2021. 16 BUREAU OF THE CENSUS 17 CURRENT SURVEYS AND PROGRAMS 18 For necessary expenses for collecting, compiling, ana- 19 lyzing, preparing, and publishing statistics, provided for 20 by law, $274,000,000: Provided, That, from amounts pro- 21 vided herein, funds may be used for promotion, outreach, 22 and marketing activities. 23 7 •S 2584 RS PERIODIC CENSUSES AND PROGRAMS 1 (INCLUDING TRANSFER OF FUNDS) 2 For necessary expenses for collecting, compiling, ana- 3 lyzing, preparing, and publishing statistics for periodic 4 censuses and programs provided for by law, 5 $7,284,319,000, to remain available until September 30, 6 2021: Provided, That, from amounts provided herein, 7 funds may be used for promotion, outreach, and mar- 8 keting activities: Provided further, That within the 9 amounts appropriated, $3,556,000 shall be transferred to 10 the ‘‘Office of Inspector General’’ account for activities as- 11 sociated with carrying out investigations and audits re- 12 lated to the Bureau of the Census: Provided further, That 13 of the amount provided under this heading, 14 $2,500,000,000 is designated by the Congress as being for 15 the 2020 Census pursuant to section 251(b)(2)(G) of the 16 Balanced Budget and Emergency Deficit Control Act of 17 1985. 18 NATIONAL TELECOMMUNICATIONS AND INFORMATION 19 ADMINISTRATION 20 SALARIES AND EXPENSES 21 For necessary expenses, as provided for by law, of 22 the National Telecommunications and Information Ad- 23 ministration (NTIA), $42,441,000, to remain available 24 until September 30, 2021: Provided, That, notwith- 25 8 •S 2584 RS standing 31 U.S.C. 1535(d), the Secretary of Commerce 1 shall charge Federal agencies for costs incurred in spec- 2 trum management, analysis, operations, and related serv- 3 ices, and such fees shall be retained and used as offsetting 4 collections for costs of such spectrum services, to remain 5 available until expended: Provided further, That the Sec- 6 retary of Commerce is authorized to retain and use as off- 7 setting collections all funds transferred, or previously 8 transferred, from other Government agencies for all costs 9 incurred in telecommunications research, engineering, and 10 related activities by the Institute for Telecommunication 11 Sciences of NTIA, in furtherance of its assigned functions 12 under this paragraph, and such funds received from other 13 Government agencies shall remain available until ex- 14 pended. 15 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING 16 AND CONSTRUCTION 17 For the administration of prior-year grants, recov- 18 eries and unobligated balances of funds previously appro- 19 priated are available for the administration of all open 20 grants until their expiration. 21 9 •S 2584 RS UNITED STATES PATENT AND TRADEMARK OFFICE 1 SALARIES AND EXPENSES 2 (INCLUDING TRANSFERS OF FUNDS) 3 For necessary expenses of the United States Patent 4 and Trademark Office (USPTO) provided for by law, in- 5 cluding defense of suits instituted against the Under Sec- 6 retary of Commerce for Intellectual Property and Director 7 of the USPTO, $3,450,681,000, to remain available until 8 expended: Provided, That the sum herein appropriated 9 from the general fund shall be reduced as offsetting collec- 10 tions of fees and surcharges assessed and collected by the 11 USPTO under any law are received during fiscal year 12 2020, so as to result in a fiscal year 2020 appropriation 13 from the general fund estimated at $0: Provided further, 14 That during fiscal year 2020, should the total amount of 15 such offsetting collections be less than $3,450,681,000, 16 this amount shall be reduced accordingly: Provided fur- 17 ther, That any amount received in excess of 18 $3,450,681,000 in fiscal year 2020 and deposited in the 19 Patent and Trademark Fee Reserve Fund shall remain 20 available until expended: Provided further, That the Direc- 21 tor of USPTO shall submit a spending plan to the Com- 22 mittees on Appropriations of the House of Representatives 23 and the Senate for any amounts made available by the 24 preceding proviso and such spending plan shall be treated 25 10 •S 2584 RS as a reprogramming under section 505 of this Act and 1 shall not be available for obligation or expenditure except 2 in compliance with the procedures set forth in that section: 3 Provided further, That any amounts reprogrammed in ac- 4 cordance with the preceding proviso shall be transferred 5 to the United States Patent and Trademark Office ‘‘Sala- 6 ries and Expenses’’ account: Provided further, That from 7 amounts provided herein, not to exceed $900 shall be 8 made available in fiscal year 2020 for official reception 9 and representation expenses: Provided further, That in fis- 10 cal year 2020 from the amounts made available for ‘‘Sala- 11 ries and Expenses’’ for the USPTO, the amounts nec- 12 essary to pay (1) the difference between the percentage 13 of basic pay contributed by the USPTO and employees 14 under section 8334(a) of title 5, United States Code, and 15 the normal cost percentage (as defined by section 16 8331(17) of that title) as provided by the Office of Per- 17 sonnel Management (OPM) for USPTO’s specific use, of 18 basic pay, of employees subject to subchapter III of chap- 19 ter 83 of that title, and (2) the present value of the other- 20 wise unfunded accruing costs, as determined by OPM for 21 USPTO’s specific use of post-retirement life insurance 22 and post-retirement health benefits coverage for all 23 USPTO employees who are enrolled in Federal Employees 24 Health Benefits (FEHB) and Federal Employees Group 25 11 •S 2584 RS Life Insurance (FEGLI), shall be transferred to the Civil 1 Service Retirement and Disability Fund, the FEGLI 2 Fund, and the FEHB Fund, as appropriate, and shall be 3 available for the authorized purposes of those accounts: 4 Provided further, That any differences between the present 5 value factors published in OPM’s yearly 300 series benefit 6 letters and the factors that OPM provides for USPTO’s 7 specific use shall be recognized as an imputed cost on 8 USPTO’s financial statements, where applicable: Provided 9 further, That, notwithstanding any other provision of law, 10 all fees and surcharges assessed and collected by USPTO 11 are available for USPTO only pursuant to section 42(c) 12 of title 35, United States Code, as amended by section 13 22 of the Leahy-Smith America Invents Act (Public Law 14 112–29): Provided further, That within the amounts ap- 15 propriated, $2,000,000 shall be transferred to the ‘‘Office 16 of Inspector General’’ account for activities associated 17 with carrying out investigations and audits related to the 18 USPTO. 19 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 20 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 21 (INCLUDING TRANSFER OF FUNDS) 22 For necessary expenses of the National Institute of 23 Standards and Technology (NIST), $753,500,000, to re- 24 main available until expended, of which not to exceed 25 12 •S 2584 RS $9,000,000 may be transferred to the ‘‘Working Capital 1 Fund’’: Provided, That not to exceed $5,000 shall be for 2 official reception and representation expenses: Provided 3 further, That NIST may provide local transportation for 4 summer undergraduate research fellowship program par- 5 ticipants. 6 INDUSTRIAL TECHNOLOGY SERVICES 7 For necessary expenses for industrial technology 8 services, $ [Text truncated for display. 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