Interior, Environment, and Related Agencies: Overview of FY2020 Appropriations

Summary: The Interior, Environment, and Related Agencies appropriations bill contains funding for more than 30 agencies and entities. They include most of the Department of the Interior (DOI) as well as agencies within other departments, such as the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. The bill also provides funding for the Environmental Protection Agency (EPA), arts and cultural agencies, and other organizations and entities. Issues for Congress include determining the amount, terms, and conditions of funding for agencies and programs.

Summary: Currently, Interior, Environment, and Related Agencies generally are receiving appropriations at the FY2019 level (in Division E of P.L. 116-6 ). Continuing appropriations are being provided because no regular appropriations were provided before the start of the 2020 fiscal year (on October 1, 2019). Division A of P.L. 116-59 provided continuing appropriations through November 21, 2019. The House and Senate passed a measure extending continuing appropriations through December 20, 2019, unless full-year appropriations are enacted sooner. The President signed that measure on November 21, 2019.

Summary: For FY2020, President Trump requested $32.47 billion for Interior, Environment, and Related Agencies, including $2.25 billion for DOI and Forest Service wildfire suppression under a discretionary cap adjustment. For the 10 major DOI agencies in Title I of the bill, the request was $11.75 billion, or 36.2% of the $32.47 billion total requested. For EPA, funded in Title II of the bill, the request was $6.22 billion, or 19.2% of the total. For the 23 agencies and other entities currently funded in Title III of the bill, the request was $14.50 billion, or 44.7% of the total.

Summary: The President's FY2020 request would be $3.14 billion (8.8%) lower than the FY2019 regular enacted appropriation of $35.61 billion (in P.L. 116-6 , Division E), and $4.72 billion (12.7%) lower than the FY2019 total appropriation of $37.19 billion, which included $1.58 billion in emergency supplemental appropriations for disaster relief (in P.L. 116-20 , Title VII). (See the figure below.)

Summary: On June 25, 2019, the House passed H.R. 3055 with $39.59 billion (in Division C) in FY2020 appropriations for agencies in the Interior bill. This total included $2.25 billion for wildfire suppression under the cap adjustment, as requested by the President. The FY2020 House-passed total would be $2.40 billion (6.4%) higher than the FY2019 total of $37.19 billion in regular and emergency appropriations, and $3.98 billion (11.2%) higher than the FY2019 total of $35.61 billion in regular appropriations. It would also be $7.12 billion (21.9%) higher than the President's FY2020 request of $32.47 billion and $1.48 billion (3.9%) higher than the FY2020 Senate-passed amount of $38.11 billion.

Summary: On October 31, 2019, the Senate passed H.R. 3055 with $38.11 billion (in Division C) for agencies in the Interior bill. This total included $2.25 billion for wildfire suppression under the cap adjustment. The FY2020 Senate-passed total would be $918.8 million (2.5%) higher than the FY2019 total of $37.19 billion in regular and emergency appropriations, $2.50 billion (7.0%) higher than the FY2019 total of $35.61 billion in regular appropriations, and $5.64 billion (17.4%) higher than the FY2020 President's request of $32.47 billion. However, the Senate-passed amount would be $1.48 billion (3.7%) lower than the FY2020 House-passed amount of $39.59 billion.

Summary: For individual agencies and programs in the bill, there are many differences among the funding levels enacted for FY2019 and those requested by the President for FY2020, approved by the House for FY2020, and approved by the Senate for FY2020. This report highlights funding for selected agencies and programs that have been among the many of interest to Congress, stakeholders, and the public. They include the Bureau of Land Management, EPA, U.S. Fish and Wildlife Service, Forest Service, Indian Affairs, Indian Health Service, Land and Water Conservation Fund, National Park Service, Payments in Lieu of Taxes Program, Reorganization of DOI, Smithsonian Institution, U.S. Geological Survey, and Wildland Fire Management.

This report focuses on FY2020 discretionary appropriations for Interior, Environment, and Related Agencies. At issue for Congress are determining the amount of funding for agencies and programs in the bill, and the terms and conditions of such funding.

Currently, Interior, Environment, and Related Agencies generally are receiving appropriations at the FY2019 level (in Division E of P.L. 116-6 ). Continuing appropriations are being provided because no regular appropriations were provided before the start of the 2020 fiscal year (on October 1, 2019). Division A of P.L. 116-59 provided continuing appropriations through November 21, 2019. The House and Senate passed a measure ( H.R. 3055 ) extending continuing appropriations through December 20, 2019, unless full-year appropriations are enacted sooner. The President signed that measure on November 21, 2019.

For FY2020, President Trump sought $32.47 billion for agencies in the Interior bill, including $2.25 billion for wildfire suppression under a discretionary cap adjustment. The House included FY2020 appropriations for Interior, Environment, and Related Agencies in Division C of H.R. 3055 , as passed on June 25, 2019. The measure contained a total of $39.59 billion, including $2.25 billion for wildfire suppression under the discretionary cap adjustment. In earlier action, on June 3, 2019, the House Appropriations Committee reported H.R. 3052 (accompanied by H.Rept. 116-100 ). Similar to H.R. 3055 as passed by the House, H.R. 3052 also contained a total of $39.59 billion, including $2.25 billion for wildfire suppression under the discretionary cap adjustment.

The Senate included FY2020 appropriations for Interior, Environment, and Related Agencies in Division C of H.R. 3055 , as passed on October 31, 2019. The measure contained a total of $38.11 billion, including $2.25 billion for wildfire suppression under the cap adjustment. In earlier action, on September 26, 2019, the Senate Appropriations Committee reported S. 2580 (accompanied by S.Rept. 116-123 ). Similar to H.R. 3055 as passed by the Senate, S. 2580 also contained a total of $38.11 billion, including $2.25 billion for wildfire suppression under the discretionary cap adjustment.

This report first presents a short overview of the agencies and other entities funded in the bill. It then describes the appropriations requested by President Trump for FY2020 for Interior, Environment, and Related Agencies. Next, it briefly compares the total appropriations enacted for FY2019, requested by the President for FY2020, passed by the House for FY2020, and passed by the Senate for FY2020. Finally, this report compares funding enacted for FY2019, requested by the Administration for FY2020, passed by the House for FY2020, and passed by the Senate for FY2020 for selected agencies and issues that have been among those of particular interest to Congress. They include the Bureau of Land Management, Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service, Forest Service, Indian Affairs, Indian Health Service, Land and Water Conservation Fund, National Park Service, Payments in Lieu of Taxes Program, Reorganization of the Department of the Interior, Smithsonian Institution, U.S. Geological Survey, and Wildland Fire Management. This report will be revised to reflect further congressional action on FY2020 Interior appropriations.

Appropriations are complex. Budget justifications for some agencies are large, often a few hundred pages long, and contain numerous funding, programmatic, and legislative changes for congressional consideration. Further, appropriations laws provide funds for numerous accounts, activities, and subactivities, and the accompanying explanatory statements provide additional directives and other important information. This report does not provide in-depth information at the account and subaccount levels, nor does it generally detail budgetary reorganizations or legislative changes enacted in law or proposed for FY2020. For information on a particular agency or on individual accounts, programs, or activities administered by a particular agency, contact the key policy staff listed at the end of this report. In addition, for selected reports related to appropriations for Interior, Environment, and Related Agencies, such as individual agencies (e.g., National Park Service) or cross-cutting programs (e.g., Wildland Fire Management), see the "Interior & Environment Appropriations" subissue under the "Appropriations" Issue Area page on the Congressional Research Service (CRS) website.

Overview of Interior, Environment, and RelatedÂ Agencies

The annual Interior, Environment, and Related Agencies appropriations bill includes funding and other provisions for agencies and programs in three federal departments and for numerous related agencies. The Interior bill typically contains three primary appropriations titles and a fourth title with general provisions. Title I provides funding for most Department of the Interior (DOI) agencies, many of which manage land and other natural resource or regulatory programs. Title I also typically includes general provisions related to DOI agencies. Title II contains appropriations and administrative provisions for EPA. Title III, Related Agencies, currently funds 23 agencies in other departments, such as the Forest Service in the Department of Agriculture and the Indian Health Service in the Department of Health and Human Services; arts and cultural agencies, including the Smithsonian Institution; and various other organizations and entities. Title III also contains administrative provisions for some agencies funded therein. A fourth title of the bill, General Provisions, typically contains additional guidance and direction for agencies in the bill. In addition, in the FY2019 appropriations law, Title IV also included appropriations for EPA. Selected major agencies in the Interior bill are briefly described below.

DOI's mission is to conserve and manage the nation's natural resources and cultural heritage; provide scientific and other information about those resources and natural hazards; and exercise trust responsibilities and other commitments to American Indians, Alaska Natives, and affiliated island communities. There are eight DOI agencies and two other broad accounts funded in the Interior bill that carry out this mission. Hereinafter, these agencies and broad accounts are referred to collectively as the 10 DOI "agencies." Not including the two broad accounts, the DOI agencies funded in the Interior bill include the following:

The Bureau of Land Management administers about 246 million acres of public land, mostly in the West, for diverse uses such as energy and mineral development, livestock grazing, recreation, and preservation. The agency also is responsible for more than 700 million acres of federal onshore subsurface mineral estate throughout the nation and supervises the mineral operations on about 60 million acres of Indian trust lands. The U.S. F ish and Wildlife Service administers 89 million acres of federal land within the National Wildlife Refuge System and other areas, including 77 million acres in Alaska. It also manages several large marine refuges and marine national monuments, sometimes jointly with other federal agencies. In addition, the U.S. Fish and Wildlife Service, together with the National Marine Fisheries Service (Department of Commerce), is responsible for implementing the Endangered Species Act (16 U.S.C. Â§Â§1531 et seq.); promoting wildlife habitat; enforcing federal wildlife laws; supporting wildlife and ecosystem science; conserving migratory birds; administering grants to aid state fish and wildlife programs; and coordinating with state, international, and other federal agencies on fish and wildlife issues. The National Park Service administers 80 million acres of federal land within the National Park System, including 419 separate units in the 50 states, District of Columbia, and U.S. territories. Roughly two-thirds of the system's lands are in Alaska. The National Park Service has a dual missionâto preserve unique resources and to provide for their enjoyment by the public. The agency also supports and promotes some resource conservation activities outside the National Park System through grant and technical assistance programs and cooperation with partners. The U.S. Geological Survey is a science agency that provides physical and biological information related to geological resources; natural hazards; climate and land use change; and energy, mineral, water, and biological sciences and resources. In addition, it is the federal government's principal civilian mapping agency (e.g., topographical and geological mapping) and a primary source of data on the quality of the nation's water resources (e.g., streamgaging). The Bureau of Ocean Energy Management manages development of the nation's offshore conventional and renewable energy resources in the Atlantic, the Pacific, the Gulf of Mexico, and the Arctic. These resources are located in areas covering approximately 1.7 billion acres located beyond state waters, mostly in the Alaska region (more than 1 billion acres) but also off all coastal states. The Bureau of Safety and Environmental Enforcement provides regulatory and safety oversight for resource development in the outer continental shelf. Among its responsibilities are oil and gas permitting, facility inspections, environmental compliance, and oil spill response planning. The Office of Surface Mining Reclamation and Enforcement works with states and tribes to reclaim abandoned coal mining sites. The agency also regulates active coal mining sites to minimize environmental impacts during mining and to reclaim affected lands and waters after mining. Indian Affairs agencies provide and fund a variety of services to federally recognized American Indian and Alaska Native tribes and their members. Historically, these agencies have taken the lead in federal dealings with tribes. The Bureau of Indian Education funds an elementary and secondary school system, institutions of higher education, and other educational programs. The Bureau of Indian Affairs is responsible for programs that include government operations, courts, law enforcement, fire protection, social programs, roads, economic development, employment assistance, housing repair, irrigation, dams, Indian rights protection, implementation of land and water settlements, and management of trust assets (real estate and natural resources).

Title II. Environmental Protection Agency

EPA has no organic statute establishing an overall mission; rather, the agency administers various environmental statutes, which have an express or general objective to protect human health and the environment. Primary responsibilities include the implementation of federal statutes regulating air quality, water quality, drinking water safety, pesticides, toxic substances, management and disposal of solid and hazardous wastes, and cleanup of environmental contamination. EPA also awards grants to assist states and local governments in implementing federal law and complying with federal requirements to control pollution. The agency also administers programs that provide financial assistance for public wastewater and drinking water infrastructure projects.

Title III of the Interior bill currently funds 23 agencies, organizations, and other entities, which are collectively referred to hereinafter as the "Related Agencies." Among the Related Agencies funded in the Interior bill, roughly 95% of the funding is typically provided to the following:

The Forest Service in the Department of Agriculture manages 193 million acres of federal land within the National Forest Systemâconsisting of national forests, national grasslands, and other areasâin 43 states, the Commonwealth of Puerto Rico, and the Virgin Islands. It also provides technical and financial assistance to states, tribes, and private forest landowners and conducts research on sustaining forest resources for future generations. The Indian Health Service in the Department of Health and Human Services provides medical and environmental health services for approximately 2.6 million American Indians and Alaska Natives. Health care is provided through a system of facilities and programs operated by the agency, tribes and tribal organizations, and urban Indian organizations. The agency operates 25 hospitals, 50 health centers, 26 health stations, and 2 school health centers. Tribes and tribal organizations, through Indian Health Service contracts and compacts, operate another 22 hospitals, 280 health centers, 62 health stations, 134 Alaska Native village clinics, and 6 school health centers. The Smithsonian Institution is a museum and research complex consisting of 19 museums and galleries, the National Zoological Park ("National Zoo"), and 9 research facilities throughout the United States and around the world. Established by federal legislation in 1846 with the acceptance of a trust donation by the institution's namesake benefactor, the Smithsonian is funded by both federal appropriations and a private trust. The National Endowment for the Arts and the National Endowment for the Humanities make up the National Foundation on the Arts and the Humanities. The National Endowment for the Arts is a major federal source of support for all arts disciplines. Since 1965, it has awarded more than 145,000 grants, which have been distributed to all states. The National Endowment for the Humanities generally supports grants for humanities education, research, preservation, and public humanities programs; creation of regional humanities centers; and development of humanities programs under the jurisdiction of state humanities councils. Since 1965, it has awarded approximately 63,000 grants. It also supports a Challenge Grant program to stimulate and match private donations in support of humanities institutions.

For FY2020, President Trump requested $32.47 billion for the more than 30 agencies and entities in the Interior, Environment, and Related Agencies appropriations bill. This total included $2.25 billion for certain wildfire suppression activities under an adjustment to discretionary spending limits for FY2020. Budget authority designated for those activities would cause the spending limits to be adjusted, making it effectively not subject to the limits.

Appropriations for agencies vary widely for reasons relating to the number, breadth, and complexity of agency responsibilities; alternative sources of funding (e.g., mandatory appropriations); and Administration and congressional priorities, among other factors. Thus, although the President's FY2020 request covered more than 30 agencies, funding for a small subset of these agencies accounted for most of the total. For example, the requested appropriations for three agenciesâEPA, Forest Service, and Indian Health Serviceâwere more than half (59.2%) of the total request. Further, more than three-quarters (76.2%) of the request was for these three agencies and two others, National Park Service and Indian Affairs.

For DOI agencies, the FY2020 requests ranged from $121.7 million for the Office of Surface Mining Reclamation and Enforcement to $2.77 billion for Indian Affairs. The requests for 5 of the 10 agencies exceeded $1 billion. Nearly half (47.0%) of the $11.75 billion requested for DOI agencies was for two agenciesâIndian Affairs ($2.77 billion) and the National Park Service ($2.74 billion).

For Related Agencies in Title III, the requested funding levels exhibited even more variation. The President sought amounts ranging from no funding for two entitiesâgrants under National Capital Arts and Cultural Affairs and the Women's Suffrage Centennial Commissionâto $7.09 billion for the Forest Service. The Indian Health Service, with a request of $5.91 billion, was the only other agency in Title III for which the President requested more than $1 billion. The next-largest request was for the Smithsonian Institution, at $978.3 million. By contrast, the other 20 Title III entities each had requests of $154.1 million or less, including 12 with requests of less than $11 million each.

Figure 2 identifies the share of the President's FY2020 request for particular agencies in the Interior bill.

Overview of FY2020 Requested, House-Passed, and Senate-Passed Appropriations Compared with FY2019 Enacted Appropriations

For FY2019, the total enacted appropriation for Interior, Environment, and Related Agencies was $37.19 billion. This total included $35.61 billion in regular appropriations and $1.58 billion in emergency supplemental appropriations for disaster relief. The disaster relief monies were provided to several agencies for various purposes. The FY2019 appropriation did not include a discretionary cap adjustment for wildfire suppression.

As noted, for FY2020, the President sought $32.47 billion for agencies in the Interior bill, including $2.25 billion for wildfire suppression under a discretionary cap adjustment. The President's FY2020 request would be $3.14 billion (8.8%) lower than the FY2019 regular enacted appropriation of $35.61 billion and $4.72 billion (12.7%) lower than the FY2019 total appropriation of $37.19 billion.

On June 25, 2019, the House passed H.R. 3055 with $39.59 billion (in Division C) for agencies in the Interior bill. This total included $2.25 billion for wildfire suppression under the cap adjustment. The FY2020 House-passed total is higher than the FY2019 enacted total, the FY2020 requested amount, and the FY2020 Senate-passed level. Specifically, the House-passed amount is

$2.40 billion (6.4%) higher than the FY2019 total of $37.19 billion in regular and emergency appropriations, $3.98 billion (11.2%) higher than the FY2019 total of $35.61 billion in regular appropriations, $7.12 billion (21.9%) higher than the FY2020 President's request of $32.47 billion, and $1.48 billion (3.9%) higher than the FY2020 Senate-passed amount of $38.11 billion.

On October 31, 2019, the Senate passed H.R. 3055 with $38.11 billion (in Division C) for agencies in the Interior bill. This total included $2.25 billion for wildfire suppression under the cap adjustment. The FY2020 Senate-passed total is higher than the FY2019 enacted total and the FY2020 requested amount but lower than the House-passed level. Specifically, the Senate-passed amount is

$918.8 million (2.5%) higher than the FY2019 total of $37.19 billion in regular and emergency appropriations, $2.50 billion (7.0%) higher than the FY2019 total of $35.61 billion in regular appropriations, $5.64 billion (17.4%) higher than the FY2020 President's request of $32.47 billion, and $1.48 billion (3.7%) lower than the FY2020 House-passed amount of $39.59 billion.

Figure 3 depicts the FY2019 enacted regular and emergency supplemental appropriations, the FY2020 appropriations requested by the President, the FY2020 appropriations passed by the House in H.R. 3055 , and the FY2020 appropriations passed by the Senate in H.R. 3055 . It shows the appropriations contained in each of the three main appropriations titles of the Interior billâTitle I (DOI), Title II (EPA), and Title III (Related Agencies). For FY2019 enacted appropriations, it also depicts the appropriations for EPA in the general provisions in Title IV and the emergency supplemental appropriations for several agencies for disaster relief. Table 1 , at the end of this report, lists the appropriations for each agency that were enacted for FY2019, requested by the President for FY2020, passed by the House for FY2020 in H.R. 3055 , and passed by the Senate for FY2020 in H.R. 3055 .

There are many differences among the FY2019 enacted appropriations and the FY2020 funding requested by the President, passed by the House, and passed by the Senate. Selected agencies and programs are highlighted below, among the many of interest to Members of Congress, stakeholders, and the public. For the selected agencies and programs, the discussions below briefly compare FY2019 total funding (regular and supplemental) with FY2020 levels requested by the Administration, approved by the House in H.R. 3055 , and approved by the Senate in H.R. 3055. Excluding FY2019 emergency supplemental appropriations would result in different comparisons for some of the agencies and programs covered below.

The Administration sought $1.19 billion for the Bureau of Land Management (BLM) for FY2020, a decrease of 11.8% from the FY2019 appropriation ($1.35 billion). The request contained lower funding for the main BLM account, Management of Lands and Resources, and for many programs within the account, including rangeland management, wildlife and aquatic habitat management, resource management planning, and deferred maintenance. However, the Administration requested increases for some programs within the account, including management of coal and renewable energy. The Administration did not seek funding for new land acquisition by BLM (from the Land and Water Conservation Fund [LWCF]), and it proposed an overall rescission to the Land Acquisition account for an account total of -$10.0 million. Other accounts would receive level funding under the Administration's request, including management of Oregon and California Grant Lands. For this account, the President also proposed a budget restructuring.

The House-passed bill contained $1.41 billion in BLM appropriations; this would be an increase of 4.9% over FY2019. It would increase funding for the Management of Lands and Resources account and for many programs within the account, such as wild horse and burro management and wildlife and aquatic habitat management. The measure also contained additional appropriations for other accounts relative to FY2019, such as Land Acquisition and Oregon and California Grant Lands. The House did not support the budget restructuring for the latter account as proposed in the President's FY2020 request.

With $1.40 billion in FY2020 appropriations, the Senate-passed bill would increase BLM appropriations 4.0% over the FY2019 level. The Senate-passed measure included additional appropriations for the Management of Lands and Resources account and generally would provide level or increased funding for programs within the account. The largest increase within the account ($35.0 million, 43%) would be for wild horse and burro management. For other accounts, the Senate-passed bill generally contained funding level or nearly level to the FY2019 enacted appropriation. The Senate did not support the budget restructuring for the Oregon and California Grant Lands account, as proposed in the President's FY2020 request.

For FY2019, EPA received $8.06 billion in Title II of the regular appropriations law and another $791.0 million in Title IV of that law, for an FY2019 regular appropriation of $8.85 billion. In addition, EPA received $414.0 million in emergency supplemental appropriations for FY2019, resulting in an FY2019 total appropriation of $9.26 billion.

Relative to total FY2019 appropriations of $9.26 billion, EPA would receive a decrease (32.8%) for FY2020 under the Administration's request of $6.22 billion. The request contained lower funding for most accounts, among them Science and Technology; Environmental Programs and Management (including geographic programs); and State and Tribal Assistance Grants (STAG), including for categorical grants and capitalization grants to states for wastewater infrastructure projects through the Clean Water State Revolving Fund (SRF) and for drinking water infrastructure grants to states through the Drinking Water SRF. Only the Buildings and Facilities account would receive an increase under the President's request.

EPA would receive $9.53 billion for FY2020 under the House-passed bill, an increase (2.9%) relative to total FY2019 appropriations. Most accounts would receive additional funds over FY2019 total appropriations. However, the STAG account and the Water Infrastructure Finance and Innovation Program would receive less funding under the House-passed bill.

The Senate-passed bill contained $9.01 billion for EPA for FY2020, a decrease (2.7%) from the FY2019 total appropriation. Relative to FY2019 total appropriations, some accounts would remain level (e.g., Buildings and Facilities), others would increase (e.g., Environmental Programs and Management), and still others would decrease (e.g., State and Tribal Assistance Grants).

For the U.S. Fish and Wildlife Service (FWS), the Administration proposed $1.33 billion for FY2020, a reduction of 20.0% from the FY2019 level ($1.66 billion). The Administration sought to reduce funding for all FWS accounts, for instance for Construction (by 88.5%) and Land Acquisition (by 93.0%, with no new acquisitions funded from LWCF). The Resource Management account would be reduced overall (by 2.7%), but the President proposed increases for some programs, including the National Wildlife Refuge System. Citing "higher priorities," the Administration proposed eliminating discretionary appropriations for two FWS accountsâthe Cooperative Endangered Species Conservation Fund and the National Wildlife Refuge Fund.

The House-passed bill would reduce FWS funding by 0.5% relative to the FY2019 enacted appropriation, with Construction reduced as under the President's proposal. However, the measure would increase funding for several accounts. They included Resource Management, with additional funds for ecological services and the National Wildlife Refuge System, among other programs; the Cooperative Endangered Species Conservation Fund; and Land Acquisition. The House-passed bill also would retain level funding for the National Wildlife Refuge Fund.

The Senate-passed bill would reduce FWS funding by 1.8% from the FY2019 enacted level. Some accounts would decrease, including Construction, Land Acquisition, and the Cooperative Endangered Species Conservation Fund. Other accounts would increase, including Resource Management, with additional funds for fish and aquatic conservation and the National Wildlife Refuge System, among other programs. The bill would provide level funding for one accountâthe National Wildlife Refuge Fund.

For FY2020, the Administration requested $7.09 billion (2.1% more) for the Forest Service (FS) than was enacted for FY2019 ($6.94 billion). Within the overall increase, the President proposed higher funding (15.4%) for Wildland Fire Management, including $1.95 billion under a discretionary cap adjustment for wildfire suppression, as noted. The President sought reduced funding for all other FS accounts, including 47.5% less for State and Private Forestry, 15.4% less for Forest and Rangeland Research, and 5.4% less for the National Forest System. The Administration also sought to eliminate funding for some accounts and programs, including Land Acquisition (from LWCF), the Collaborative Forest Landscape Restoration Fund, and certain cooperative forestry programs such as Forest Legacy.

For FY2020, the House-passed bill would provide an increase for FS of 10.1% over FY2019. The measure contained $921.8 million in a new accountâForest Service Operationsâfor costs of administrative support functions, including salaries and expenses of employees, leases for buildings and sites where support functions occur, utilities and telecommunications, business services, and information technology. The House Appropriations Committee recommended this new account to eliminate the use of "cost pools" for these support functions. The six major FS accounts would be correspondingly reduced in FY2020 to exclude costs of support functions, as shown in the committee's report. In part because of the proposed new account, the House-passed bill reflects reductions for FY2020 for three of the major FS accounts (Forest and Rangeland Research, National Forest System, and Capital Improvement and Maintenance). However, the appropriation for each of these three accounts, together with funding for related administrative support purposes in the new account, would appear to total more than the FY2019 appropriation for each major account.

The Senate-passed bill would provide FS with an increase of 7.6% over FY2019. The measure contained a new Forest Service Operations account, similar to the House-passed bill, but with $953.8 million. The Senate Appropriations Committee supported this new account for certain costs of salaries and expenses, including those funded by "cost pools," to increase transparency and efficiency of agency spending by distinguishing salaries and expenses from other project costs. Other FS accounts would be reduced in FY2020 to exclude costs of support functions captured by the new account, as reflected in the committee's report. In part because of the proposed new account, the Senate-passed bill reflects reductions for several FS accounts from FY2019 levels.

For several years, instructions accompanying annual appropriations acts had encouraged the Secretary of the Interior to consolidate Indian education functions within the Bureau of Indian Education (BIE) and present such reorganization in the subsequent fiscal year budget request. For FY2020, the Administration proposed funding the BIE independently from the Bureau of Indian Affairs (BIA), and submitted a separate budget justification for each bureau. In FY2019 (and earlier years), Indian education was funded in an account with other Indian programs. In proposing a separate budget structure for BIE, the Administration sought to "strengthen BIE as an independent bureau with a separate budget structure to advance ongoing BIE reforms to improve learning and student outcomes" and to reduce overlapping functions between BIA and BIE to "better deliver services to schools, maximize efficiency, and build capacity within BIE."

The Administration's proposed budget restructuring makes comparisons with FY2019 somewhat challenging. The combined FY2020 request of $2.77 billion for both bureaus was 9.9% less than the FY2019 enacted amount ($3.08 billion). Many Indian programs would be funded at lower levels, including human services and natural resources management, although some would be funded at higher levels, such as self-governance compacts. Construction (including construction of educational facilities) was the largest dollar decrease in the budget request ($231.4 million less); funding for education programs also would decline.

The House-passed measure supported the Administration's request to establish and fund the BIE separately from the BIA. The House-passed measure contained an overall increase of 14.0% relative to FY2019 funding for Indian Affairs. Many programs and activities would be funded at higher levels as compared with FY2019 enacted amounts, including tribal government, natural resources management, and public safety and justice. Construction (including construction of educational facilities) was the largest dollar increase in the House-passed measure ($174.5 million more), and funding for education programs also would increase.

The Senate-passed measure also supported the Administration's request to establish and fund the BIE separately from the BIA. The Senate Appropriations Committee expressed support for this separation "in order to improve the quality of education offered to address the performance gap of student's education at BIE-funded schools." The bill would provide an overall increase of 1.6% over FY2019 funding for Indian Affairs. Many programs and activities would be funded at levels similar to FY2019 enacted amounts, including Indian education. However, some programs would receive additional funds, such as contract support costs (to pay tribes for services provided) and self-governance compacts. Other activities would receive lower funding, such as Indian land and water claim settlements and services under the Indian child welfare act.

Under the Administration's FY2020 request, the Indian Health Service (IHS) would receive $5.91 billion, 1.8% more than the FY2019 appropriation ($5.80 billion). While various programs would receive additional funds, the largest dollar increase would be for hospital and health clinics ($215.9 million). The increase for hospital and health clinics included $25.0 million for an initiative seeking to end the Hepatitis C and HIV/AIDS "epidemic in Indian Country" and $25.0 million for adoption and implementation of a new electronic health record system to improve disease management, patient outcomes, opioid tracking, and other aspects of healthcare. Other programs would be reduced under the Administration's request. For example, the Administration proposed no funding for health education, citing other priorities; cutting funding for the construction of health care facilities (31.9%); and reducing appropriations for community health representatives (61.8%) to begin phasing out the program and replacing it with a National Community Health Aide Program. Funding for contract support costs, which helps tribes pay the costs of administering IHS-funded programs, would be nearly level, reflecting IHS's estimated need at the time of the FY2020 budget submission.

The House-passed bill for FY2020 contained an increase of 9.3% over FY2019 appropriations for IHS. The measure included relatively stable or higher funding for most activities. Activities that would receive additional appropriations included clinical services, with the largest dollar increase for hospital and health clinics ($273.2 million, 12.7%), including $25.0 million for the Administration's initiative to end the Hepatitis C and HIV/AIDS epidemic. Other programs that would receive increases included alcohol and substance abuse, urban Indian health services, and Indian health professions. The Indian Health Facilities account would increase by 9.7%, with the largest increase for construction of health care facilities. The House bill retained essentially level funding for health education and community health representatives. As under the President's request, funding for contract support costs would be nearly level, and $25.0 million was included for an electronic health record system.

The FY2020 Senate-passed measure contained an increase of 4.1% over FY2019 enacted appropriations. The measure included relatively stable or higher funding for most activities. Clinical services would receive additional funds, with the largest dollar increase for hospital and health clinics ($192.4 million, 9.0%). The Indian Health Facilities account also would be funded over the FY2019 level, with a 2.7% increase. As under the President's request, funding for contract support costs would be nearly level. The Senate bill also retained essentially level funding for health education and community health representatives and would provide $3.0 million for an electronic health record system.

LWCF has funded land acquisition for the four main federal land management agencies, a matching grant program to states to support outdoor recreation, and other purposes. For FY2019, a total of $435.0 million was appropriated from the LWCF. For FY2020, the Administration did not seek discretionary appropriations for most programs that received appropriations from the LWCF in FY2019. Further, the Administration proposed an overall rescission to LWCF, for a program total of -$23.5 million due to cancelation of prior-year funds for some program components. In support of this reduction, the President cited higher priorities, a need to focus resources on maintaining existing federal lands rather than acquiring additional ones, and a desire to shift funding for the state grant program to mandatory appropriations, among other reasons.

The House-passed bill contained a total of $524.0 million in appropriations from the LWCF, a 20.4% increase over FY2019 total LWCF appropriations. The measure included increases for each of the three main activities for which the LWCF has been usedâland acquisition, the state outdoor recreation grant program, and other purposes. The Senate-passed bill, including $29.0 million in rescissions of prior year funding, would provide total appropriations from the LWCF of about $436 million. The FY2020 Senate level would be roughly level with the FY2019 enacted appropriation.

For FY2020, the Administration requested $2.74 billion, 18.2% less for the National Park Service (NPS) than the total enacted for FY2019 ($3.35 billion). Within the overall reduction, the President proposed cuts for each NPS account, including the Operation of the National Park System, Construction, and the Historic Preservation Fund, as well as many programs. The President proposed the elimination of discretionary funding for some programs, including grants for National Heritage Areas, grants to states for outdoor recreation, line item acquisitions by the NPS (through LWCF), and the Centennial Challenge Program (a matching grant program to encourage donations).

The House and Senate approved relatively level funding for FY2020, with a 0.3% increase in the House-passed bill and a 0.1% increase in the Senate-passed bill over the FY2019 enacted appropriation. Both bills included increases for some accounts and programs but decreases for others. As examples, the bills contained increased funds for the Operation of the National Park System, for programs including resource stewardship, park protection, and facility operations and maintenance, though the House-passed measure had higher funding for the account overall and for each of these three programs. Both bills also contained additional funds for Land Acquisition, for activities including grants to states for outdoor recreation and line item acquisitions by the NPS. In contrast, the House- and Senate-passed measures contained lower than the FY2019 total appropriations for Construction and for the Historic Preservation Fund, for instance. Both bills also retained funding for grants for National Heritage Areas and partnerships under the Centennial Challenge Program.

The President's FY2020 request of $465.0 million would reduce (9.7%) the Payments in Lieu of Taxes Program (PILT) from the FY2019 level ($515.1 million). In the FY2020 budget justification, the Administration asserted that the requested level supports "this important program while balancing Departmental funding priorities in a constrained budget environment.

For FY2020, the House- and Senate-passed bills would provide for the full statutory funding level, estimated to be $500.0 million, according to the House and Senate Appropriations Committees. PILT compensates counties and local governments for nontaxable lands within their jurisdictions. The authorized level for the program is calculated under a formula that considers various factors and varies from year to year.

For FY2020, the Administration requested a total of $25.3 million for reorganization of four DOI agencies funded in the Interior bill, namely BLM, FWS, NPS, and the U.S. Geological Survey (USGS). The request would be a 79.4% increase over the FY2019 appropriation ($14.1 million) for reorganization of these agencies and Indian Affairs. Under the FY2020 request, the funds would be used for costs to agencies of transitioning to a new unified regional structure, relocating certain staff and functions, and integrating business operations.

The House-passed bill did not specify funding for reorganization. In its report on FY2020 legislation, the House Appropriations Committee stated that its recommended funding did not "provide funds requested within the Department's bureaus for the Department Wide Reorganization." The committee expressed an understanding that DOI had not obligated FY2019 funding or provided to the committee information that had been requested related to the reorganization plan and costs. The Senate-passed bill did not make explicit the extent to which funds were included for DOI reorganization.

For FY2020, the Smithsonian Institution (SI) would receive $978.3 million under the Administration's request, a decrease of 6.2% relative to FY2019 enacted appropriations ($1.04 billion). However, the request contained funding at or near the FY2019 level for most SI museums and research institutes (with a 0.9% increase for these entities). It also included additional funds (3.5%) for facilities services, which encompasses maintenance, operation, security, and support. In contrast, the request would decrease (27.8%) the Facilities Capital account, which includes planning, design, and revitalization of facilities. Revitalization involves "making major repairs or replacing declining or failed infrastructure to address the problems of advanced deterioration," according to the SI. Major revitalization projects that would be funded under the President's request involve the National Air and Space Museum (part of a multiyear, multiphase renovation), the National Zoo, and the Hirshhorn Museum and Sculpture Garden, among others.

The House approved an increase (2.7%) for SI, with funding at or higher than the FY2019 level for most SI museums and research institutes (with a 3.4% increase for these entities). The House bill also included an additional 29.4% for facilities services, with most of the additional funding directed towards maintenance. The House approved a decrease of 27.8% for the Facilities Capital account, as requested by the Administration.

The Senate-passed bill contained an increase (0.4%) for SI, with funding at or near the FY2019 level for most SI museums and research institutes (with a 0.5% increase for these entities). For facilities services, the measure included an increase of 2.6%. The Senate would decrease the Facilities Capital account (2.3%) from the FY2019 level. However, the Senate included more funding in the account for revitalization of the National Air and Space Museum than had been requested by the President or approved by the House for FY2020.

The USGS would receive $983.5 million under the Administration's FY2020 request, a decrease of 21.9% relative to its total FY2019 appropriations of $1.26 billion. It is difficult to compare FY2019 enacted and FY2020 requested funding for the agency's eight major activities. This is in part because the Administration proposed a budget restructuring that would reduce USGS budget activities from eight to seven, by eliminating the land resources mission area. The proposed restructuring also would reorganize some programs under the remaining activities. Goals include consolidating similar programs, improving communication, and enhancing integration of information, among others.

The House approved a reduction of 1.8% for USGS for FY2020. Within the overall reduction were decreases from the FY2019 level for four of the major activities, among them natural hazards and facilities. However, the House approved increases for the other four major activities, including land resources and core science systems. The House did not adopt the Administration's proposed budget restructuring. The House Committee on Appropriations contended that it "reduces program and funding transparency."

The FY2020 Senate-passed bill contained a 3.9% decrease for USGS relative to FY2019 enacted appropriations. The Senate adopted the Administration's proposed budget restructuring. This makes it difficult to compare the FY2020 Senate-passed appropriations and FY2019 enacted appropriations for major activities. For instance, the Senate's 88.0% increase for core science systems was largely due to the transfer in of funding for national land imaging, which includes the Landsat satellite program. In FY2019, national land imaging was funded under the land resources activity, which would be abolished under the restructuring proposed by the President and supported by the Senate.

For FY2020, the Administration proposed $6.05 billion in appropriations for Wildland Fire Management (WFM) of DOI and FS, including $2.25 billion under a discretionary cap adjustment for wildfire suppression. Of the $2.25 billion, the cap adjustment would allow for $300.0 million for DOI and $1.95 billion for FS. No similar cap adjustment was in effect for FY2019. The President's request would be a 15.4% increase over the total FY2019 enacted level for DOI and FS ($5.24 billion). More specifically, the FY2020 request would increase appropriations by 29.6% for DOI and by 12.3% for FS, primarily for wildfire suppression.

Both the House- and Senate-passed totals included $2.25 billion under a discretionary cap adjustment, as requested by the President. It is difficult to make comparisons between appropriations for Wildland Fire Management in FY2019 and appropriations for FY2020 in the House- and Senate-passed bills. This is because the FY2020 House- and Senate-passed amounts for Wildland Fire Management do not include FS appropriations for certain administrative support functions that were included in the FY2019 enacted level (and in the FY2020 President's request for Wildland Fire Management.)


Overview of Continuing Appropriations for FY2020 (P.L. 116-59)

Summary: This report provides an analysis of the continuing appropriations provisions for FY2020 included in Division A (Continuing Appropriations Act, 2020) of H.R. 4378 . The legislation also included a separate Division B (Health and Human Services Extenders and Other Matters), which extended multiple federal health care programs that were otherwise set to expire September 30, 2019, and provided for some adjustments to additional health programs. This report examines only Division A, the continuing resolution (CR) portion of the legislation. On September 27, 2019, the President signed H.R. 4378 into law ( P.L. 116-59 ).

Summary: Division A of H.R. 4378 was termed a CR because it provided temporary authority for federal agencies and programs to continue spending in FY2020 in the same manner as a resolution enacted separately for that purpose. It provides temporary funding for the programs and activities covered by all 12 of the regular appropriations bills, since none of them had been enacted prior to the start of FY2020. These provisions provide continuing budget authority for projects and activities funded in FY2019 by that fiscal year's applicable appropriations acts, with some exceptions. It includes both budget authority that is subject to the statutory discretionary spending limits on defense and nondefense spending and also budget authority that is effectively exempt from those limits, such as that designated for "Overseas Contingency Operations/Global War on Terrorism."

Summary: Funding under the terms of the CR is effective October 1, 2019, through November 21, 2019âroughly the first seven weeks of the fiscal year.

Summary: The CR generally provides budget authority for FY2020 for most projects and activities at the rate at which they were funded during FY2019. Although it is effective only through November 21, the cost estimate prepared by the Congressional Budget Office (CBO) provides an annualized projection of the discretionary budget authority provided in the measure. As provided in P.L. 116-59 , the amount subject to the statutory discretionary spending limits is approximately $1.253 trillion. When spending that is effectively not subject to those limits (Overseas Contingency Operations, disaster relief, emergency requirements, and program integrity adjustments) is also included, the CBO estimate is $1.345 trillion.

Summary: CRs frequently include provisions that are specific to certain agencies, accounts, or programs. These include provisions that designate exceptions to the general funding rate formula or otherwise single out a program, activity, or purpose for which any referenced funding is extended (typically referred to as "anomalies"), as well as provisions that have the effect of creating new law or changing existing law (including the renewal of expiring provisions of law). The CR includes a number of such provisions, each of which is briefly summarized in this report. CRS appropriations experts for each of these provisions are indicated in the accompanying footnotes and Table 1 . Congressional clients may also access CRS Report R42638, Appropriations: CRS Experts .

Summary: For general information on the content of CRs and historical data on CRs enacted between FY1977 and FY2019, see CRS Report R42647, Continuing Resolutions: Overview of Components and Practices .

Congress uses an annual appropriations process to fund discretionary spending, which supports the projects and activities of most federal government agencies. This process anticipates the enactment of 12 regular appropriations bills each fiscal year. If regular appropriations are not enacted prior to the start of the fiscal year (October 1), continuing appropriations may be used to provide temporary funding until the consideration of annual appropriations measures is completed.

Continuing appropriations acts are often referred to as "continuing resolutions" (CRs), because historically they have been enacted in the form of a joint resolution. CRs also contain numerous provisions that may operate as limitations or restrictions to preserve Congress's prerogative to make funding decisions once final bills are agreed to. Numerous exceptions (or anomalies) are also often included in CRs to provide changes to funding rates, or for other purposes, to address special circumstances that may result with only temporary funding. Other rescissions or cancellations of discretionary budget authority may also be included in CRs.

CRs may be enacted for a period of days, weeks, or months. If any of the 12 regular appropriations bills are still not enacted by the time that the first CR for a fiscal year expires, further extensions might be enacted until all regular appropriations bills have been completed or the fiscal year ends.

None of the FY2020 regular appropriations bills was enacted prior to the start of the new fiscal year on October 1, 2019. On September 18, 2019, H.R. 4378 was introduced in the House to provide continuing appropriations for projects and activities covered by all 12 of the regular annual appropriations bills from the beginning of the fiscal year through November 21, 2019 (Division A). The legislation also included a separate Division B to extend authorization for multiple federal health care programs. The House passed the legislation on September 19, 2019, by a vote of 301-123. The Senate subsequently passed the legislation by a vote of 81-16 on September 26, 2019. On September 27, 2019, the President signed H.R. 4378 into law ( P.L. 116-59 ).

This report provides an analysis of the continuing appropriations provisions included in the CR ( H.R. 4378 , Division A). The first two sections summarize the overall funding provided ("Coverage, Duration, and Rate") and budget enforcement issues associated with the statutory discretionary spending limits ("The CR and the Statutory Discretionary Spending Limits"). The third section of this report provides short summaries of the provisions that are agency-, account-, or program-specific. These summaries are organized by appropriations act title. In some instances, background information about the history of those appropriations, and how they operate under a CR, is provided.

Three components of a CR generally establish the purpose, duration, and amount of funds provided by the act:

1. A CR's "coverage" relates to the purposes for which funds are provided. The projects and activities funded by a CR are typically specified with reference to regular (and, occasionally, supplemental) appropriations acts from the previous fiscal year. When a CR refers to one of those appropriations acts and provides funds for the projects and activities included in such an act, the CR is often referred to as "covering" that act. 2. The "duration" of a CR refers to the period of time for which budget authority is provided for covered activities. 3. CRs usually fund projects and activities using a "rate for operations" or "funding rate" to provide budget authority at a restricted level but do not prescribe a specified dollar amount. The funding rate for a project or activity is based on the total amount of budget authority that would be available annually for that project or activity under the referenced appropriations acts and is prorated based on the fraction of a year for which the CR is in effect, but it may also be affected by other factors that can have an effect on spending patterns over the course of a fiscal year.

H.R. 4378 (Â§101) covers all 12 of the regular annual appropriations bills by generally providing continuing budget authority for FY2020 through November 21, 2019, for projects and activities funded in FY2019.

Budget authority is provided by the CR under the same terms and conditions as the referenced FY2019 appropriations acts (Â§103). Effectively, this requirement extends many of the provisions in the FY2019 acts that stipulated or limited agency authorities during FY2019. In addition, in general, none of the funds are to be used to initiate or resume an activity for which budget authority was not available in FY2019 (Â§104). Such provisions, as well as many of the other provisions discussed in the sections below, may protect Congress's constitutional authority to provide annual funding in the manner it chooses in whatever final appropriations measures may be enacted.

Statutory limits on discretionary spending are in effect for FY2020, as adjusted by the Bipartisan Budget Act of 2019 (BBA 2019; P.L. 116-37 ). The CR includes both budget authority that is subject to those limits and also budget authority that is effectively exempt from those limitsâincluding that designated or otherwise provided as "Overseas Contingency Operations/Global War on Terrorism" (OCO/GWOT) or "emergency requirements," as well as limited amounts that may be designated as "disaster relief or "program integrity initiatives." Amounts previously receiving an OCO/GWOT, emergency, or disaster relief designation for FY2019 continue to receive this designation through the length of the CR (Â§114).

Section 101 provides that funding in the CR is effective through November 21, 2019âroughly a seven-week period of funding. The CR provides that, in general, budget authority for some or all projects and activities could be superseded by the enactment of the applicable regular appropriations act or another CR prior to November 21. For projects and activities funded in the CR that a subsequent appropriations act does not fund, budget authority would immediately cease upon such enactment, even if enactment occurs prior to November 21. However, the CR provides some exceptions to this. For instance, the OCO/GWOT designations (Â§114) are specified to remain in effect through November 21. Similarly, an anomaly affecting the Ukraine Security Assistance Initiative is specified to remain in effect until September 30, 2020.

In general, the CR provides budget authority at levels provided in FY2019 appropriations acts for the duration of the CR (through November 21). The rate is based on the actual amounts made available in FY2019. A few exceptions, however, to this continued rate of operations are specified in Section 101. These adjustments are in addition to any additional exceptions specified in the various anomalies also included in later sections of the CR. For instance, five agencies are affected by variations to this general rate, including the U.S. Department of Agriculture's (USDA) Rural Water and Waste Disposal Direct Loan Program, the Department of Justice's Assets Forfeiture Fund, the Bureau of Reclamation's Upper Colorado River Basin Fund, immigration authorizations affecting the Department of Homeland Security, and the Department of State's funding for Ebola. In addition, for entitlement and other mandatory spending provided in regular appropriations acts, funding is provided at the rate sufficient to maintain program levels under current law as provided in Section 111(a).

The CR and the Statutory Discretionary Spending Limits

Appropriations for FY2020 are subject to statutory discretionary spending limits on categories of spending designated as "defense" and "nondefense" spending pursuant to the Budget Control Act of 2011 (BCA), as modified by BBA 2019. The defense category includes all discretionary spending under budget function 050 (defense), and the nondefense category includes discretionary spending in the other budget functions. If discretionary spending is enacted in excess of a statutory limit in either category, the BCA requires the level of spending to be brought into conformance through "sequestration," which involves primarily across-the-board cuts to non-exempt spending in the category of the limit that was breached (i.e., defense or nondefense). Once discretionary spending is enacted, the Office of Management and Budget (OMB) evaluates that spending relative to the spending limits and determines whether sequestration is necessary. For FY2020 discretionary spending, the first such evaluation (and any necessary enforcement) is to occur within 15 calendar days after the 2019 congressional session adjourns sine die . For any FY2020 discretionary spending that becomes law after the session ends, the OMB evaluation and any enforcement of the limits would occur 15 days after enactment.

The Congressional Budget Office (CBO) estimates the budgetary effects of interim CRs on an "annualized" basis, meaning that those effects are measured as if the CR were providing budget authority for an entire fiscal year. According to CBO, the annualized amount for discretionary budget authority for regular appropriations subject to the BCA limits (including projects and activities funded at the rate for operations and anomalies) is $648.452 billion for defense, which is about $18 billion below the defense limit of $666.5 billion, and $604.669 for nondefense, which is about $17 billion below the nondefense limit of $621.5 billion for FY2020.

H.R. 4378 specified that each amount incorporated in the legislation by reference, which was previously designated as OCO/GWOT or disaster relief and not subject to the discretionary spending caps, retains that same designation (Â§114). Thus when spending effectively not subject to those limitsâbecause it was designated or otherwise provided as OCO/GWOT, disaster relief, emergency requirement, or a program integrity adjustmentâis included, CBO estimates total annualized budget authority in the CR of $1.345 trillion, which is below the BBA 2019 agreement of $1.370 trillion.

Agency-, Account-, and Program-Specific Provisions

CRs lasting multiple weeks or longer usually include provisions that are specific to certain agencies, accounts, or programs. These provisions are generally of two types. First, certain provisions designate exceptions to the formula and purpose for which any referenced funding is extended. These are often referred to as "anomalies." They often address specific issues or circumstances that may result from the extension of only current rates of funding. Second, certain provisions may have the effect of creating new law or changing existing law. Most often, these provisions are used to renew expiring provisions of law or extend the scope of certain existing statutory requirements. Substantive provisions that establish major new policies have also been included on occasion. Unless otherwise indicated, such provisions are temporary in nature and expire when the CR expires.

These anomalies and provisions that change law may be included at the request of the President. Congress could accept, reject, or modify such proposals in the course of drafting and considering CRs. In addition, Congress may identify or initiate any other anomalies and provisions changing law that it seeks to include in the CR.

This section of the report summarizes provisions in H.R. 4378 that are agency-, account-, or program-specific. They are alphabetically organized by appropriations act title for 11 of the 12 regular appropriations acts covered in Section 101. (There are no anomalies concerning items funded in the Legislative Branch Appropriations Act.) The summaries generally provide brief explanations of the provisions. In some cases they include additional information, such as whether a provision was requested by the President or included in prior year CRs. For additional information on specific provisions in the CR, congressional clients may contact the CRS appropriations experts, as noted in the accompanying footnote.

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies15

Section 101(1)âRural Water and Waste Disposal Direct Loan Program16

This section authorizes USDA to spend appropriated funds in the Rural Water and Waste Disposal Program Account on the cost of direct loans, in addition to the costs of loan guarantees and grants that were authorized in FY2019. In FY2019, direct loans did not require budget authority because the program had a negative subsidy rate (i.e., the cost of providing loans was less than estimated repayments and fees). For FY2020, OMB estimates that the direct loan program will have a positive subsidy rate.

Section 116âDisaster Assistance for Sugar Beet Processors17

This section amends the list of eligible losses that may be covered under the Additional Supplemental Appropriations for Disaster Relief Act of FY2019 ( P.L. 116-20 , Title I) to include payments to cooperative processors for reduced sugar beet quantity and quality. The FY2019 supplemental provided $3 billion to cover agricultural production losses in 2018 and 2019 from natural disasters.

Section 117âSpecialty Crop Research Initiative19

This section allows USDA to waive the non-federal matching funds requirement for grants made under the Specialty Crop Research Initiative (7 U.S.C. Â§7632(g)(3)). The matching funds provision was added in the 2018 farm bill ( P.L. 115-334 ).

Section 118âSummer Food for Children Demonstrations Projects20

This section allocates funding for the USDA Food and Nutrition Service summer food for children demonstration projects at a rate that ensures that the projects can fully operate by May 2020 (prior to summer meal service, which typically starts in June). Similar provisions have been part of previous CRs. These projects, which include the Summer Electronic Benefit Transfer demonstration, have operated in selected states since FY2010.

Section 119âCommodity Credit Corporation (CCC)22

This section allows CCC to receive its appropriation to reimburse the Treasury for a line of credit about a month earlier than usual prior to a customary final report and audit. Many farm bill payments to farmers are due in October 2019, including to USDA's plan to make supplemental payments under a trade assistance program. Without the anomaly, CCC might have exhausted its $30 billion line of credit in October or November before the audit is completed, which could suspend payments. This provision was part of a CR in FY2019. In addition, the measure requires USDA to submit a report to Congress by October 31, 2019, with various disaggregated details about Market Facilitation Program payments, trade damages, and whether commodities were purchased from foreign-owned companies under the program.

This section provides $16.5 million on an annualized basis to the USDA Agricultural Marketing Service to implement the Hemp Production Program ( P.L. 115-334 , Â§10113), which was created in the 2018 farm bill.

Commerce, Justice, Science, and Related Agencies

In addition to allowing the agencies funded through the annual CJS appropriations act to continue operations at the FY2019-enacted level, Section 101 states that the $674.0 million rescission on the Assets Forfeiture Fund that was enacted as a part of the Consolidated Appropriations Act, 2019 ( P.L. 116-6 ), will not be in effect for the duration of the CR. The Administration requested this anomaly because the rescission would limit the operations of the Department of Justice's Assets Forfeiture program, including equitable sharing payments made to state and local law enforcement for participating in operations that led to forfeited assets.

Section 121âU.S. International Trade Commission28

This section allows the U.S. International Trade Commission to apportion funding at a rate necessary to meet the commission's responsibilities under the American Manufacturing Competitiveness Act of 2016 ( P.L. 114-159 ).

This section allows the Census Bureau to draw on money from the Periodic Censuses and Programs accountâwhich includes the decennial census and other major programs such as the economic census, the census of governments, and intercensal demographic estimates, together with geographic and data-processing supportâat the rate necessary to maintain the schedule and deliver the required data according to the statutory deadlines in the 2020 Decennial Census Program.

Section 102âProhibition on 'New Starts' and Increasing Production Rates31

Section 102 is similar to provisions typically included in CRs in previous years. The provision prohibits the Department of Defense (DOD) from funding either so-called new startsâthat is, procurement or research and development of a major program for which funding was not provided in FY2019âor acceleration of rate of production for any major program for which FY2019 procurement funding was provided.

Section 123âAdvance Billing Exemption for Background Investigations32

Section 123 authorizes the DOD to exceed the $1 billion limit on advance billing "for background investigation services and related services" purchased from activities financed using working capital funds. A working capital fund is a type of revolving fund intended to operate as a self-supporting entity to fund business-like activities. The provision is intended to enable DOD to conduct background investigations with minimal interruptions. According to information OMB sent to lawmakers, the Defense Counterintelligence and Security Agency Working Capital Fund, which was scheduled to begin operations October 1, 2019, plans to bill customers prior to completing background investigations and "is likely to exceed $1 billion in advanced billing in FY2020."

Section 124âUkraine Security Assistance Initiative35

Section 124 appropriates funding for the Ukraine Security Assistance Initiative. The initiative is intended to "increase Ukraine's ability to defend against further aggression by theater adversaries or their proxies by providing support for ongoing training and advisory programs and equipment to enhance Ukraine's command and control; situational awareness systems; secure communications; military mobility; night vision; military medical treatment; maritime and border security operations; and defensive weapons systems," according to DOD. In August 2019, news organizations reported that the Trump Administration withheld funding for the initiative. The department expected to obligate all but approximately $30 million of the $250 million in FY2019 appropriations for the initiative by the end of the fiscal year. Section 124(a) rescinds unobligated FY2019 funds for the initiative. Section 124(b) appropriates an FY2020 amount equal to the unobligated FY2019 fundsâin addition to the amount otherwise provided for the initiative, at a rate for operations, by the continuing resolution.

Energy and Water Development and Related Agencies

Section 125âColorado River Basins Power Marketing Fund39

Section 125 provides that for the duration of the CR, no funding may be transferred from the Western Area Power Administration's (WAPA) Colorado River Basins Power Marketing Fund to the General Fund of the Treasury. Due to a scorekeeping adjustment by the Trump Administration, the historically common practice of transferring funds from WAPA's Colorado River Basins Power Marketing Fund (which receives revenues from hydropower sales in the Colorado River Basin) to the Bureau of Reclamation's Upper Colorado River Basin Fund (which funds environmental mitigation responsibilities associated with the Colorado River Storage Project, among other things) has not been executed in recent years. Instead, these WAPA funds have been transferred to the General Fund of the Treasury. Congress has opposed the change and attempted to counteract it in appropriations legislation through additional appropriations to the Upper Colorado River Basin Fund and restrictions on WAPA transfers to the General Fund.

Section 126âCalfed Bay-Delta Act Extension41

Section 126 extends the authority for the Bureau of Reclamation to conduct activities under the Calfed Bay-Delta Authorization Act ( P.L. 108-361 , 118 Stat. 1681) from the end of FY2019 to the date of the CR's expiration. This authority allows the Bureau of Reclamation to undertake activities related to formulating a long-term comprehensive plan to restore the ecological health and improve the water management of California's Bay-Delta system. Activities under this authority include long-term levee protection, water quality, ecosystem restoration, water use efficiency, and water-supply-related studies and projects.

Financial Services and General Government42

Section 127âCommittee on Foreign Investment in the United States43

This section provides $15 million in appropriations for the Committee on Foreign Investment in the United States (CFIUS) Fund. This fund was created in P.L. 115-232 , which authorized $20 million for FY2019-FY2023. Prior to this, CFIUS was not provided a separate appropriation within the Department of the Treasury.

This section grants congressional approval for DC officials to expend locally raised funds for purposes made available under P.L. 116-6 (Consolidated Appropriations Act, 2019) at a rate set forth in the Fiscal Year 2020 Local Budget Act of 2019 (D.C. Act 23-78). DC political leaders have consistently expressed concern that passage of the appropriations act for the District (in which Congress approves the city's budget) has too often been delayed until well after the start of the District's fiscal year, hindering their ability to manage the District's financial affairs and negatively affecting the delivery of public services.

Section 129âOffice of Personnel Management46

This section provides an additional $48 million to the Office of Personnel Management's (OPM) Salaries and Expenses account for administrative expenses for 2019. Of this amount, $29,760,000 is to be transferred from trust funds. Such amounts may be apportioned up to the rate for operations necessary to maintain OPM's operations. OPM previously reported to Congress that the agency would experience a budget shortfall exacerbated by the transfer of the National Background Investigations Bureau from OPM to DOD.

Section 130âSmall Business Administration (SBA)47

This section provides an additional $99 million for the Small Business Administration (SBA) 7(a) loan guaranty program. The 7(a) loan guarantees are one of SBA's primary programs, providing loans to small businesses that might not otherwise find financing. The funding under the CR may be apportioned at the rate necessary to meet demand.

This section provides additional funding for SBA disaster loans at a rate of $177 million, with $167 million of this for administrative expenses to carry out the direct loan program and $151 million of this directed to major disasters. This funding is to be considered designated for disaster relief under the Balanced Budget and Emergency Deficit Control Act of 1985 ( P.L. 99-177 ).

Section 101(6)âImmigration Authorization Extensions52

The funding baseline for DHS in H.R. 4378 was the rate of allowable spending and authorities in two separate parts of P.L. 116-6 : Division A, which is the FY2019 DHS appropriations act, and Title I of Division H, which is a series of immigration authorization extensions. These immigration authorization extensions have been carried as anomalies in past CRs, extended by including them as general provisions in the DHS appropriations act (and thus carried forward automatically by the CR, which extends authorities provided in the act), or included in a separate "Immigration Extensions" title in consolidated appropriations legislation and extending that by direct reference in Section 101 of the CR. While the procedural form has varied, the immigration authorization extensions referenced in H.R. 4378 include four that have been extended since FY2016:

Extension of authority for pilot programs for employment eligibility confirmation; Extension of religious worker visa program; Extension of rural medical worker immigration authority; and Extension of investor visa program.

The reference also includes a fifth extensionâan increase in the annual cap on H-2B visas, which has been extended through CRs since FY2018. It is the only one of these provisions included in the House Committee-reported version of the FY2020 DHS appropriations act ( H.R. 3931 , Â§532).

Section 132âSpecial Apportionment, Secret Service53

H.R. 4378 includes faster apportionment for the Secret Service "to support hiring and operations required for protective activities associated with the 2020 presidential election campaign." The Administration requested a provision with broader authority.

A similar provision in a FY2015 CR provided authority for faster apportionment for what was then the Secret Service's "Salaries and Expenses" appropriation to cover presidential candidate nominee protection.

The Administration requested an accelerated rate of apportionment for the Disaster Relief Fund (DRF) to ensure that Stafford Act programs can be carried out. While the Administration stated, "Without the anomaly, the amounts automatically apportioned would impede comprehensive [DRF] response and recovery activities during the period of the CR should a catastrophic event be declared," the side of the DRF that funds major disaster costs is historically flush.

Similar provisions were included in both the FY2018 CR ( P.L. 115-56 , Division D, Â§129) and the first FY2019 CR ( P.L. 115-245 , Division C, Â§124).

Section 134âNational Flood Insurance Program57

The Administration requested an extension of the National Flood Insurance Program (NFIP) as part of the CR. Authority to issue new policies for the NFIP would have expired on September 30, 2019, in the absence of an extension either as a part of this vehicle or on its own. H.R. 4378 extends the program's authorization for the length of the CR.

CRs have been a vehicle for extending NFIP authorization as far back as FY1998 ( P.L. 105-46 , Â§118), although the legislative language has taken different forms. More recently, a short-term reauthorization of the NFIP was carried in the first FY2018 CR ( P.L. 115-56 , Division D, Â§130). The second CR for FY2019 ( P.L. 115-298 , which added a new Section 136 to P.L. 115-245 , Division C) also extended the authorization. In both cases, the extension was limited to the duration of the CR.

Section 135âRestructuring of the Working Capital Fund60

CRs normally require funds to be apportioned and obligated in the same manner as was the case in the prior annual appropriation. In this case, DHS appropriations is to follow the terms and conditions of P.L. 116-6 , Division Aâthe FY2019 DHS appropriations act.

The Administration, however, proposed a restructuring of some accounts in its FY2020 budget request and asked for authority to act as if those changes had been approved by Congress so that if they are approved, manual administrative adjustments to obligations and disbursements would not be required. Section 135 allows apportionment for these specified accounts to occur consistent with the FY2020 budget request.

The first FY2018 CR ( P.L. 115-56 , Division D, Â§125) and FY2019 CR ( P.L. 115-245 , Division C, Â§128) each carried an almost identical provision requested by the Administration.

Interior, Environment, and Related Agencies

This provision authorizes the apportionment of appropriations that are provided by the CR of up to $18.4 billion for the Indian Health Services (IHS) account and $631,000 for the Indian Health Facilities account to staff and operate IHS facilities that were or will be opened, renovated, or expanded during either FY2019 or FY2020. The provision allows for higher rates of funding than would otherwise be provided under the CR to operate and provide health services at these newly renovated or constructed health facilities, as new or expanded facilities may need additional resources for operations (e.g., to hire staff and obtain equipment).

Departments of Labor, Health and Human Services, and Education, and Related Agencies

Section 137âStrategic National Stockpile62

Section 137 states that amounts obligated for the Centers for Disease Control and Prevention (CDC) Public Health Preparedness and Response budget line and the Public Health and Social Services Emergency Fund (PHSSEF) budget line for the Department of Health and Human Services' (HHS) Office of the Secretary (OS) may be obligated in the account and budget structure and under authorities and conditions set forth in the House-passed Labor, Health and Human Services, and Education, Defense, State, Foreign Operations, and Energy and Water Development Appropriations Act, 2020 ( H.R. 2740 , Division A). This provision would account for the Trump Administration's intradepartmental transfer of the Strategic National Stockpile (SNS) from CDC to the Assistant Secretary of Preparedness and Response in HHS OS in FY2019. The SNS provides select medicines and medical supplies during public health emergencies that overwhelm local availability. H.R. 2740 would provide SNS funding to the HHS OS PHSSEF budget line rather than the CDC Public Health Preparedness and Response budget line (where funds were allocated in previous fiscal years). The report accompanying H.R. 2740 ( H.Rept. 116-62 ) provides the following explanation of congressional intent in the context of that legislative proposal with regard to the SNS and associated policy issues: "The Committee expects that CDC will continue its significant role in providing scientific expertise in decision-making related to procurement of countermeasures, and maintaining strong relationships with State and local public health departments to facilitate efficient deployment of countermeasures in public health emergencies."

Section 138 authorizes the transfer to the CDC of up to $20 million for Ebola preparedness and response activities from the Infectious Disease Rapid Response Reserve Fund. This fund was established by Section 231 of the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 ( P.L. 115-245 ), which included $50 million to support activities "to prevent, prepare for, or respond to an infectious disease emergency." The funds were to remain available until expended and are available to be used only for an infectious disease emergency that (1) is declared by the Secretary of Health and Human Services; or (2) as determined by the Secretary, has significant potential to occur imminently and, on occurrence, potential to affect national security or the health and security of United States citizens, domestically or internationally. This anomaly makes up to $20 million in unobligated reserve funds available without requiring the Secretary to declare the ongoing Ebola outbreak in the Democratic Republic of the Congo a threat to national security or to U.S. citizens. On July 17, 2019, the World Health Organization declared that the ongoing Ebola outbreak was a Public Health Emergency of International Concern (PHEIC).

Section 139âNational Advisory Committee on Institutional Quality and Integrity68

Section 139 extends the duration of the National Advisory Committee on Institutional Quality and Integrity (NACIQI) through November 21, 2019. NACIQI is a committee tasked with assessing the process of accreditation and the institutional eligibility and certification of institutions of higher education to participate in federal student aid programs authorized under Title IV of the Higher Education Act of 1965. Section 114(f) of the act provides that NACIQI shall terminate on September 30, 2019.

Section 422 of the General Education Provisions Act (GEPA) generally provides an automatic one-year extension of the authorization of appropriations for, or the duration of, programs administered by the Department of Education. This automatic extension would occur only if Congress and the Presidentâin the regular session that ends prior to the beginning of the terminal fiscal year of authorization or duration of an applicable programâdo not enact legislation extending the program. GEPA Section 422 also explicitly states that the automatic one-year extension does not apply to the authorization of appropriations for, or the duration of, committees that are required by statute to terminate on a specific date. Thus, the automatic one-year extension does not apply to NACIQI, and NACIQI would have terminated on September 30, 2019, had it not been extended.

Military Construction, Veterans Affairs, and Related Agencies

Section 140âBlue Water Navy Vietnam Veterans71

Section 140 of the CR allows the Department of Veterans Affairs (VA) to use funds in both the Veterans Benefits Administration, General Operating Expenses account and the Departmental Administration, Information Technology Systems account at a higher apportionment rate. This higher rate is provided to allow the VA to begin implementing provisions of the Blue Water Navy Vietnam Veterans Act of 2019 ( P.L. 116-23 ).

State, Foreign Operations, and Related Programs

Section 101(11)âExclusion of Provision on Unobligated Ebola Funding73

Section 101(11) of the CR extends the authorities of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (Division F of P.L. 116-6 ), to November 21, 2019, with the exception of Section 7058(d) of that law. That section authorized the repurposing of unobligated emergency funds appropriated in FY2015 to address the Ebola outbreak to instead build partner country capacity to prevent, detect, and respond to infectious disease outbreaks and to support an Emergency Reserve Fund. Removing the authorization to repurpose funds may be to ensure emergency funds remain available to respond to the ongoing Ebola outbreak in the Democratic Republic of the Congo (see Section 138).

Section 141 extends the authority of the Export-Import Bank, which would otherwise have expired on September 30, 2019, to November 21, 2019.

Section 142âCommission on International Religious Freedom75

Section 142 extends the authority of the Commission on International Religious Freedom, which would otherwise have expired on September 30, 2019, to November 21, 2019.

Departments of Transportation, Housing and Urban Development, and Related Agencies

Section 143âFederal Transit Administration, Capital Investment Grants76

This provision is intended to ensure that applicants for the Federal Transit Administration's (FTA) FY2018 capital investment grantsâwhich have been allocated funding but have not yet been able to satisfy the requirements for FTA to obligate the funding to themâdo not have their allocated funding redistributed to other applicants if they cannot satisfy the requirements for FTA to obligate the money to them by December 31, 2019. These FTA grants typically have a three-year window of availability. The provision in P.L. 115-141 was added with the intent to ensure that the Trump Administration's FTA did not excessively delay providing the transit grants to applicants.

Section 144âMass Transit Account, Highway Trust Fund77

This provision avoids a situation in which FTA capital investment grants to transit agencies would be reduced due to a reduction in the appropriated level resulting from the application of IRS provision: Section 9503(e)(4) . Similar language is in the House-passed Commerce, Justice, Science, Agriculture, Rural Development, Food and Drug Administration, Interior, Environment, Military Construction, Veterans Affairs, Transportation, and Housing and Urban Development Appropriations Act, 2020 ( H.R. 3055 , Â§164(1)).

This section allows amounts made available in the Housing for the Elderly account to be apportioned at a rate necessary to allow the Department of Housing and Urban Development to maintain rental assistance contracts that are coming up for renewal or require additional funding in order to continue to subsidize the rents of low-income elderly residents of Section 202 properties.

Section 108 provides daily spending rate flexibility to agencies by waiving time limitations. Section 112 allows that the apportionment rate may avoid furloughs, which is consistent with past appropriations acts. These provisions have been included in past CRs.

Section 111(b) authorizes obligations for mandatory payments due "on or about" the first day of any month that begins between October 1, 2019, and 30 days after the CR is set to expire (i.e., through December 21, 2019, but effectively until December 1, 2019). Programs impacted include the funds for payments through the Supplemental Nutrition Assistance Program (SNAP). These payments, while mandatory spending, are appropriated each year to USDA through the regular appropriations process. This provision has been included in past CRs.