December 17, 2019 - Issue: Vol. 165, No. 204 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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House of Representatives; Congressional Record Vol. 165, No. 204
(House of Representatives - December 17, 2019)
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[Pages H10613-H11060] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] [[Page H10613]] ----------------------------------------------------------------------- House of Representatives EXPLANATORY STATEMENT SUBMITTED BY MRS. LOWEY, CHAIRWOMAN OF THE HOUSE COMMITTEE ON APPROPRIATIONS REGARDING H.R. 1158, CONSOLIDATED APPROPRIATIONS ACT, 2020 The following is an explanation of the Consolidated Appropriations Act, 2020. This Act includes 4 regular appropriations bills for fiscal year 2020. The divisions contained in the Act are as follows:Division A--Department of Defense Appropriations Act, 2020 Division B--Commerce, Justice, Science, and Related Agencies Appropriations Act, 2020 Division C--Financial Services and General Government Appropriations Act, 2020 Division D--Department of Homeland Security Appropriations Act, 2020 Section 1 of the Act is the short title of the bill. Section 2 of the Act displays a table of contents. Section 3 of the Act states that, unless expressly provided otherwise, any reference to ``this Act'' contained in any division shall be treated as referring only to the provisions of that division. Section 4 of the Act states that this explanatory statement shall have the same effect with respect to the allocation of funds and implementation of this legislation as if it were a joint explanatory statement of a committee of conference. Section 5 of the Act provides a statement of appropriations. Section 6 of the Act states that each amount designated by Congress as being for emergency requirements or for Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) is contingent on the President so designating all such emergency or OCO/GWOT amounts and transmitting such designations to Congress. The Act does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined by clause 9 of rule XXI of the Rules of the House of Representatives. DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020 The following is an explanation of the effects of this Act, which makes appropriations for the Department of Defense for fiscal year 2020. Unless otherwise noted, references to the House and Senate reports are to House Report 116-84 and Senate Report 116-103, respectively. The language contained in the House and Senate reports warrant full compliance and carry the same weight as language included in this explanatory statement unless specifically addressed to the contrary in the bill or this explanatory statement. While repeating some language from the House or Senate reports for emphasis, this explanatory statement does not intend to negate the language referred to above unless expressly provided herein. DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY For the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100-119), and by the Budget Enforcement Act of 1990 (Public Law 101-508), the terms ``program, project, and activity'' for appropriations contained in this Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 2020, the related classified annexes and explanatory statements, and the P-1 and R-1 budget justification documents as subsequently modified by congressional action. The following exception to the above definition shall apply: the military personnel and the operation and maintenance accounts, for which the term ``program, project, and activity'' is defined as the appropriations accounts contained in the Department of Defense Appropriations Act. At the time the President submits the budget request for fiscal year 2021, the Secretary of Defense is directed to transmit to the congressional defense committees budget justification documents to be known as the ``M-1'' and the ``O-1'' which shall identify, at the budget activity, activity group, and sub-activity group level, the amounts requested by the President to be appropriated to the Department of Defense for military personnel and operation and maintenance in any budget request, or amended budget request, for fiscal year 2021. REPROGRAMMING GUIDANCE FOR BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING The Secretary of Defense is directed to continue to follow the reprogramming guidance for acquisition accounts as specified in the report accompanying the House version of the Department of Defense Appropriations bill for Fiscal Year 2008 (House Report 110-279). The dollar threshold for reprogramming funds shall be $10,000,000 for military personnel; operation and maintenance; procurement; and research, development, test and evaluation. Also, the Under Secretary of Defense (Comptroller) is directed to continue to provide the congressional defense committees annual DD Form 1416 reports for titles I and II and quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV shall comply with guidance specified in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative from the base for reprogramming value as modified by any adjustments. Therefore, if the combined value of transfers into or out of a military personnel (M-1); an operation and maintenance (O- 1); a procurement (P-1); or a research, development, test and evaluation (R-1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established elsewhere in this statement. FUNDING INCREASES The funding increases outlined in the tables for each appropriation account shall be provided only for the specific purposes indicated in the tables. CONGRESSIONAL SPECIAL INTEREST ITEMS Items for which additional funds have been provided or items for which funding is specifically reduced as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount, as specifically addressed in the explanatory statement. [[Page H10614]] CLASSIFIED ANNEX Adjustments to classified programs are addressed in the accompanying classified annex. JOINT ENTERPRISE DEFENSE INFRASTRUCTURE The agreement notes that the Chief Information Officer of the Department of Defense has provided the report required in House Report 116-84 regarding the Department's plans to transition to a multi-cloud environment and satisfied the conditions that prohibited the obligation and expenditure of funds to migrate data and applications to the Joint Enterprise Defense Infrastructure cloud. The agreement retains a requirement in House Report 116-84 requiring the Chief Information Officer of the Department of Defense to submit quarterly reports on the implementation of its cloud strategy. MILCLOUD 2.0 It is understood that the Department of Defense is currently operating milCloud 2.0, a commercially-owned and operated cloud that is housed in two Defense Information Systems Agency data centers, that offers cloud-based infrastructure, platform, and software as-a-service solutions. In May 2018, the Chief Information Officer of the Department of Defense distributed a memorandum directing all Fourth Estate agencies to migrate to milCloud 2.0. Per this direction, the Department of Defense is encouraged to complete migration to milCloud 2.0 by the end of fiscal year 2020. SPECIAL OPERATIONS COMMAND OBLIGATION AND EXPENDITURE PLANS The existing budget justification and quarterly execution data lack certain details to analyze trends and program office performance. To facilitate appropriate oversight, the Commander of the United States Special Operations Command is directed to provide the House and Senate Appropriations Committees detailed spend plans at the project level for the procurement and research and development appropriations accounts. The spend plans shall include all active fiscal years, with monthly obligation and target benchmarks. The first spend plan should be provided not later than 45 days after the enactment of this Act, and subsequent spend plans should be provided annually with the submission of the budget request. CIVILIAN PAY RAISE The agreement recognizes the value of the Department of Defense civilian workforce and acknowledges the 3.1 percent federal pay raise for all federal civilian employees. F-15EX The agreement includes $1,052,900,000 for eight F-15EX fighters and transfers $364,400,000 from Aircraft Procurement, Air Force to Research, Development, Test and Evaluation, Air Force for the procurement of two test aircraft and half of the requested amount for non-recurring engineering. Of the funds provided in Aircraft Procurement, Air Force for the remaining six F-15EX aircraft, no more than $64,800,000 for long-lead materials may be obligated until the Secretary of the Air Force submits a report to the congressional defense committees with the following documentation, or the milestone C-equivalents under Section 804 middle tier acquisition authority, to include an approved program acquisition strategy; a capability production document; a life-cycle cost estimate; a life-cycle sustainment plan; a test and evaluation master plan; and a post-production fielding strategy. Additionally, the Secretary of the Air Force is directed to include F-15EX program updates and progress towards critical milestones in the Section 804 triannual reports to Congress. Finally, the Secretary of the Air Force is directed to submit to the congressional defense committees not later than 60 days after the enactment of this Act a report with a comprehensive review of options to address the Air Force fighter capacity shortfall. This language replaces the language under the heading ``F-15EX'' in Senate Report 116-103. TITLE I--MILITARY PERSONNEL The agreement provides $150,262,882,000 in Title I, Military Personnel, as follows: [[Page H10615]] [GRAPHIC] [TIFF OMITTED] TH161219.310 [[Page H10616]] SUMMARY OF MILITARY PERSONNEL END STRENGTH ---------------------------------------------------------------------------------------------------------------- Fiscal year 2020 ------------------------------------------------------------- Change Fiscal year Budget Change from 2019 Request Final Bill from fiscal authorized request year 2019 ---------------------------------------------------------------------------------------------------------------- Active Forces (End Strength): Army.......................................... 487,500 480,000 480,000 - - - -7,500 Navy.......................................... 335,400 340,500 340,500 - - - 5,100 Marine Corps.................................. 186,100 186,200 186,200 - - - 100 Air Force..................................... 329,100 332,800 332,800 - - - 3,700 Total, Active Forces...................... 1,338,100 1,339,500 1,339,500 - - - 1,400 Guard and Reserve Forces (End Strength): Army Reserve.................................. 199,500 189,500 189,500 - - - -10,000 Navy Reserve.................................. 59,100 59,000 59,000 - - - -100 Marine Corps Reserve.......................... 38,500 38,500 38,500 - - - - - - Air Force Reserve............................. 70,000 70,100 70,100 - - - 100 Army National Guard........................... 343,500 336,000 336,000 - - - -7,500 Air National Guard............................ 107,100 107,700 107,700 - - - 600 Total, Selected Reserve................... 817,700 800,800 800,800 - - - -16,900 ------------------------------------------------------------- Total, Military Personnel................. 2,155,800 2,140,300 2,140,300 - - - -15,500 ---------------------------------------------------------------------------------------------------------------- SUMMARY OF GUARD AND RESERVE FULL-TIME STRENGTH ---------------------------------------------------------------------------------------------------------------- Fiscal year 2020 ------------------------------------------------------------- Change Fiscal year Budget Change from 2019 Request Final Bill from fiscal authorized request year 2019 ---------------------------------------------------------------------------------------------------------------- Active Guard and Reserve: Army Reserve.................................. 16,386 16,511 16,511 - - - 125 Navy Reserve.................................. 10,110 10,155 10,155 - - - 45 Marine Corps Reserve.......................... 2,261 2,386 2,386 - - - 125 Air Force Reserve............................. 3,849 4,431 4,431 - - - 582 Army National Guard........................... 30,595 30,595 30,595 - - - - - - Air National Guard............................ 19,861 22,637 22,637 - - - 2,776 ------------------------------------------------------------- Total, Full-Time Support.................. 83,062 86,715 86,715 - - - 3,653 ---------------------------------------------------------------------------------------------------------------- MILITARY PERSONNEL OVERVIEW The agreement provides the resources required for 1,339,500 active forces and 800,800 selected reserve forces, as requested and authorized by current law, in order to meet operational needs for fiscal year 2020. The agreement also provides the funding necessary to support a 3.1 percent pay raise for all military personnel, as authorized, effective January 1, 2020. REPROGRAMMING GUIDANCE FOR MILITARY PERSONNEL ACCOUNTS (INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING) The Secretary of Defense is directed to submit the Base for Reprogramming (DD Form 1414) for each of the fiscal year 2020 appropriations accounts not later than 60 days after the enactment of this Act. The Secretary of Defense is prohibited from executing any reprogramming or transfer of funds for any purpose other than originally appropriated until the aforementioned report is submitted to the House and Senate Defense Appropriations Subcommittees. The Secretary of Defense is directed to use the normal prior approval reprogramming procedures to transfer funds in the Services' military personnel accounts between budget activities in excess of $10,000,000. MILITARY PERSONNEL SPECIAL INTEREST ITEMS Items for which additional funds have been provided or have been specifically reduced as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount as specifically addressed in the explanatory statement. Below Threshold Reprogrammings may not be used to either restore or reduce funding from congressional special interest items as identified on the DD Form 1414. MILITARY PERSONNEL, ARMY The agreement provides $42,746,972,000 for Military Personnel, Army, as follows: [[Page H10617]] [GRAPHIC] [TIFF OMITTED] TH161219.311 [[Page H10618]] [GRAPHIC] [TIFF OMITTED] TH161219.312 [[Page H10619]] [GRAPHIC] [TIFF OMITTED] TH161219.313 [[Page H10620]] MILITARY PERSONNEL, NAVY The agreement provides $31,710,431,000 for Military Personnel, Navy, as follows: [[Page H10621]] [GRAPHIC] [TIFF OMITTED] TH161219.314 [[Page H10622]] [GRAPHIC] [TIFF OMITTED] TH161219.315 [[Page H10623]] [GRAPHIC] [TIFF OMITTED] TH161219.316 [[Page H10624]] MILITARY PERSONNEL, MARINE CORPS The agreement provides $14,098,666,000 for Military Personnel, Marine Corps, as follows: [[Page H10625]] [GRAPHIC] [TIFF OMITTED] TH161219.317 [[Page H10626]] [GRAPHIC] [TIFF OMITTED] TH161219.318 [[Page H10627]] [GRAPHIC] [TIFF OMITTED] TH161219.319 [[Page H10628]] MILITARY PERSONNEL, AIR FORCE The agreement provides $31,239,149,000 for Military Personnel, Air Force, as follows: [[Page H10629]] [GRAPHIC] [TIFF OMITTED] TH161219.320 [[Page H10630]] [GRAPHIC] [TIFF OMITTED] TH161219.321 [[Page H10631]] [GRAPHIC] [TIFF OMITTED] TH161219.322 [[Page H10632]] RESERVE PERSONNEL, ARMY The agreement provides $4,922,087,000 for Reserve Personnel, Army, as follows: [[Page H10633]] [GRAPHIC] [TIFF OMITTED] TH161219.323 [[Page H10634]] [GRAPHIC] [TIFF OMITTED] TH161219.324 [[Page H10635]] RESERVE PERSONNEL, NAVY The agreement provides $2,115,997,000 for Reserve Personnel, Navy, as follows: [[Page H10636]] [GRAPHIC] [TIFF OMITTED] TH161219.325 [[Page H10637]] [GRAPHIC] [TIFF OMITTED] TH161219.326 [[Page H10638]] RESERVE PERSONNEL, MARINE CORPS The agreement provides $833,604,000 for Reserve Personnel, Marine Corps, as follows: [[Page H10639]] [GRAPHIC] [TIFF OMITTED] TH161219.327 [[Page H10640]] [GRAPHIC] [TIFF OMITTED] TH161219.328 [[Page H10641]] RESERVE PERSONNEL, AIR FORCE The agreement provides $2,014,190,000 for Reserve Personnel, Air Force, as follows: [[Page H10642]] [GRAPHIC] [TIFF OMITTED] TH161219.329 [[Page H10643]] [GRAPHIC] [TIFF OMITTED] TH161219.330 [[Page H10644]] NATIONAL GUARD PERSONNEL, ARMY The agreement provides $8,704,320,000 for National Guard Personnel, Army, as follows: [[Page H10645]] [GRAPHIC] [TIFF OMITTED] TH161219.331 [[Page H10646]] [GRAPHIC] [TIFF OMITTED] TH161219.332 [[Page H10647]] NATIONAL GUARD PERSONNEL, AIR FORCE The agreement provides $4,060,651,000 for National Guard Personnel, Air Force, as follows: [[Page H10648]] [GRAPHIC] [TIFF OMITTED] TH161219.333 [[Page H10649]] [GRAPHIC] [TIFF OMITTED] TH161219.334 [[Page H10650]] TITLE II--OPERATION AND MAINTENANCE The agreement provides $199,415,415,000 in Title II, Operation and Maintenance, as follows: [[Page H10651]] [GRAPHIC] [TIFF OMITTED] TH161219.335 [[Page H10652]] REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE ACCOUNTS (INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING) The Secretary of Defense is directed to submit the Base for Reprogramming (DD Form 1414) for each of the fiscal year 2020 appropriation accounts not later than 60 days after the enactment of this Act. The Secretary of Defense is prohibited from executing any reprogramming or transfer of funds for any purpose other than originally appropriated until the aforementioned report is submitted to the House and Senate Defense Appropriations Subcommittees. The Secretary of Defense is directed to use the normal prior approval reprogramming procedures to transfer funds in the Services' operation and maintenance accounts between O-1 budget activities, or between sub-activity groups in the case of Operation and Maintenance, Defense-Wide, in excess of $10,000,000. In addition, the Secretary of Defense shall follow prior approval reprogramming procedures for transfers in excess of $10,000,000 out of the following readiness sub- activity groups: Army: Maneuver units Modular support brigades Land forces operations support Aviation assets Force readiness operations support Land forces depot maintenance Base operations support Facilities sustainment, restoration, and modernization Specialized skill training Navy: Mission and other flight operations Fleet air training Aircraft depot maintenance Mission and other ship operations Ship depot maintenance Facilities sustainment, restoration, and modernization Marine Corps: Operational forces Field logistics Depot maintenance Facilities sustainment, restoration, and modernization Air Force: Primary combat forces Combat enhancement forces Depot purchase equipment maintenance Facilities sustainment, restoration, and modernization Contractor logistics support and system support Flying hour program Air Force Reserve: Primary combat forces Air National Guard: Aircraft operations Additionally, the Secretary of Defense is directed to use normal prior approval reprogramming procedures when implementing transfers in excess of $10,000,000 into the following budget sub-activities: Operation and Maintenance, Army: Recruiting and advertising Operation and Maintenance, Army National Guard: Other personnel support/recruiting and advertising OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS Items for which additional funds have been provided or have been specifically reduced as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount as specifically addressed in the explanatory statement. Below Threshold Reprogrammings may not be used to either restore or reduce funding from congressional special interest items as identified on the DD Form 1414. 90/10 RULE The agreement adopts the reporting requirements contained under the heading ``90/10 Rule'' in House Report 116-84 but changes the submission date to not later than 180 days after the enactment of this Act. Further, the Secretary of Defense is directed to work collaboratively with the Secretaries of Education and Veterans Affairs on an authoritative data set that includes the total funding level to each for-profit institution for the most recent academic year from all sources provided by the Departments of Education, Veterans Affairs, and Defense to more accurately derive estimates for the reporting requirement to the congressional committees. DEFENSE PERSONAL PROPERTY PROGRAM The agreement supports the desire and commitment of the United States Transportation Command (USTRANSCOM) to improve the current system for the movement of personal effects within the Department of Defense. However, concerns over USTRANSCOM's plan to award a single source contract remain. Therefore, in addition to any other requirements, this agreement directs that no such single source award may be signed before April 1, 2020; and before the Commander of USTRANSCOM has provided the congressional defense committees with a description of anticipated cost savings broken out by Service across the Future Years Defense Program. WIND ENERGY The agreement does not adopt the language under the heading ``Wind Energy'' in House Report 116-84. OPERATION AND MAINTENANCE, ARMY The agreement provides $39,597,083,000 for Operation and Maintenance, Army, as follows: [[Page H10653]] [GRAPHIC] [TIFF OMITTED] TH161219.336 [[Page H10654]] [GRAPHIC] [TIFF OMITTED] TH161219.337 [[Page H10655]] [GRAPHIC] [TIFF OMITTED] TH161219.338 [[Page H10656]] [GRAPHIC] [TIFF OMITTED] TH161219.339 [[Page H10657]] [GRAPHIC] [TIFF OMITTED] TH161219.340 [[Page H10658]] [GRAPHIC] [TIFF OMITTED] TH161219.341 [[Page H10659]] OPERATION AND MAINTENANCE, NAVY The agreement provides $47,622,510,000 for Operation and Maintenance, Navy, as follows: [[Page H10660]] [GRAPHIC] [TIFF OMITTED] TH161219.342 [[Page H10661]] [GRAPHIC] [TIFF OMITTED] TH161219.343 [[Page H10662]] [GRAPHIC] [TIFF OMITTED] TH161219.344 [[Page H10663]] [GRAPHIC] [TIFF OMITTED] TH161219.345 [[Page H10664]] [GRAPHIC] [TIFF OMITTED] TH161219.346 [[Page H10665]] [GRAPHIC] [TIFF OMITTED] TH161219.347 [[Page H10666]] [GRAPHIC] [TIFF OMITTED] TH161219.348 [[Page H10667]] PRIVATE CONTRACTED SHIP MAINTENANCE The agreement includes a pilot program to fund the private contract ship maintenance planned for the Pacific Fleet in fiscal year 2020 in Other Procurement, Navy, as proposed in Senate Report 116-103. The funding in Other Procurement, Navy line 23x Ship Maintenance, Repair and Modernization shall only be for such activities executed in the United States and is hereby designated a congressional special interest item. The Secretary of the Navy shall provide the congressional defense committees the following in relation to the pilot-- 1. An execution plan for the funding in Other Procurement, Navy line 23x, Ship Maintenance, Repair and Modernization. This shall be submitted to the congressional defense committees prior to the execution of funding and shall include the following data points for each ship included in the pilot program: a. Ship class, hull number and name of each ship; b. Type of availability; c. Location of the work; d. Execution plan start date; e. Execution plan end date; and f. Execution plan funded amount (in thousands). 2. Not later than 15 days after the end of each fiscal quarter, an updated plan to the first report showing: a. Ship class, hull number and name of each ship; b. Type of availability; c. Location of the work; d. Actual or current estimate of start date; e. Actual or current estimate of end date; f. Actual funded amount and estimate to complete (in thousands); and the quarterly update shall also include an execution review of the funding in line 1B4B Ship Depot Maintenance in Operation and Maintenance, Navy. ANALYSIS OF AIRCRAFT CARRIER, SURFACE SHIP, AND SUBMARINE MAINTENANCE DELAYS Completing maintenance on time is integral to supporting fleet readiness, meeting strategic and operational requirements, and ensuring the Navy's ships reach their expected service lives. From numerous reports, the Navy continues to face persistent maintenance delays that affect the majority of its maintenance efforts and threaten its attempt to restore readiness. Since fiscal year 2014, Navy ships have spent over 27,000 more days in maintenance than expected, with 70 percent of maintenance periods on average experiencing delays. There is some preliminary evidence that the Navy has begun pilot efforts to analyze maintenance challenges for some elements of the fleet. However, these efforts are not comprehensively examining the root causes of delays across the entire fleet. Further, absent such an analysis, the Navy is not well positioned to develop a plan to address its persistent maintenance delays. To address these issues, the Secretary of the Navy is directed to assign responsibility to conduct a comprehensive and systematic analysis to identify the underlying causes of aircraft carrier, surface ship, and submarine maintenance delays and submit a report on its findings not later than 180 days after the enactment of this Act to the congressional defense committees and to the Government Accountability Office. This report shall incorporate results-oriented elements, including analytically-based goals; metrics to measure progress; and the identification of required resources, risks, and stakeholders to achieve those goals. The Secretary of the Navy shall update the congressional defense committees annually thereafter on its progress to achieve the goals set forth in the plan. Further, the Comptroller General of the United States is directed to submit a review of the report to the congressional defense committees not later than 90 days after receiving the report from the Navy. JET NOISE Communities situated around military installations with airfields have expressed concerns of the negative effects that jet noise may have on them. It is acknowledged that modeling aircraft noise, as opposed to measuring it, provides the most accurate assessment of impacts on a community. Therefore, the Secretary of the Navy is directed to model the level of jet noise generated by Navy aviation assets and to make that data available to the public. OPERATION AND MAINTENANCE, MARINE CORPS The agreement provides $7,868,468,000 for Operation and Maintenance, Marine Corps, as follows: [[Page H10668]] [GRAPHIC] [TIFF OMITTED] TH161219.349 [[Page H10669]] [GRAPHIC] [TIFF OMITTED] TH161219.350 [[Page H10670]] [GRAPHIC] [TIFF OMITTED] TH161219.351 [[Page H10671]] OPERATION AND MAINTENANCE, AIR FORCE The agreement provides $42,736,365,000 for Operation and Maintenance, Air Force, as follows: [[Page H10672]] [GRAPHIC] [TIFF OMITTED] TH161219.352 [[Page H10673]] [GRAPHIC] [TIFF OMITTED] TH161219.353 [[Page H10674]] [GRAPHIC] [TIFF OMITTED] TH161219.354 [[Page H10675]] [GRAPHIC] [TIFF OMITTED] TH161219.355 [[Page H10676]] [GRAPHIC] [TIFF OMITTED] TH161219.356 [[Page H10677]] RC-26B It is understood that the National Defense Authorization Act for Fiscal Year 2020 addresses the RC-26B aircraft matter. OPERATION AND MAINTENANCE, SPACE FORCE The agreement provides $40,000,000 for Operation and Maintenance, Space Force, as follows: [[Page H10678]] [GRAPHIC] [TIFF OMITTED] TH161219.357 [[Page H10679]] [GRAPHIC] [TIFF OMITTED] TH161219.358 [[Page H10680]] OPERATION AND MAINTENANCE, SPACE FORCE SPEND PLAN The Secretary of the Air Force is directed to provide a spend plan by month for fiscal year 2020 Operation and Maintenance, Space Force funding to the congressional defense committees not later than 30 days after the enactment of this Act. The spend plan shall include, but not be limited to, funding for civilian personnel (including the number of full- time equivalents), supplies and materials, and contract support. If there is a change to the spend plan in any given quarter, the Secretary of the Air Force shall provide written notification to the congressional defense committees not later than 10 business days following the end of that quarter explaining any adjustments. OPERATION AND MAINTENANCE, DEFENSE-WIDE The agreement provides $37,491,073,000 for Operation and Maintenance, Defense-Wide, as follows: [[Page H10681]] [GRAPHIC] [TIFF OMITTED] TH161219.359 [[Page H10682]] [GRAPHIC] [TIFF OMITTED] TH161219.360 [[Page H10683]] [GRAPHIC] [TIFF OMITTED] TH161219.361 [[Page H10684]] [GRAPHIC] [TIFF OMITTED] TH161219.362 [[Page H10685]] [GRAPHIC] [TIFF OMITTED] TH161219.363 [[Page H10686]] [GRAPHIC] [TIFF OMITTED] TH161219.364 [[Page H10687]] DEFENSE LANGUAGE AND NATIONAL SECURITY EDUCATION OFFICE The Defense Language and National Security Education Office provides critical college accredited training for service members and government officials in a number of languages and strategic cultures in partnership with universities across the country. A report provided by the Department of Defense in response to language included in the report accompanying the Department of Defense Appropriations Act, 2019 (Public Law 115-245) regarding the Department's ability to fill positions requiring high level strategic language capability reflects the clear and demonstrable need for increased resources. The Secretary of Defense is encouraged to place a higher priority on the Language Training Centers and the Language Flagship strategic language training program. The agreement designates the funding included in the fiscal year 2020 budget request for the Language Training Centers as a congressional special interest item. It is further noted that funding for the Language Flagship program has not been increased since its inception in 2003 and the Secretary of Defense is urged to provide additional resources to the Language Flagship program that ensure both military and civilian personnel receive the language and culture training needed to effectively complete missions. Additionally, the Secretary of Defense is directed to identify additional resources that may be required to address existing shortfalls in this skillset. SECURITY ASSISTANCE PROGRAMS Prior to the initial obligation of funds made available in Title II and Title IX of this Act for the Defense Security Cooperation Agency (DSCA), the Director of DSCA is directed to submit a spend plan by budget activity and sub-activity to the House and Senate Appropriations Committees. For funds planned for the Security Cooperation Account, the Director shall, in coordination with the geographic combatant commanders, include amounts planned for each combatant command and country, and a comparison to such amounts provided in the previous three fiscal years. Amounts in the plan shall only reflect those amounts designated in the fiscal year 2020 budget justification materials and modified by fiscal year 2020 appropriations adjustments in this Act and in the table under this heading for DSCA. The plan shall be updated and submitted to the House and Senate Appropriations Committees upon notification of funds under this heading to include a justification for changes made. A similar plan shall be provided to such Committees outlining funds requested for fiscal year 2021 with the submission of the fiscal year 2021 budget request. INDO-PACIFIC STRATEGIC FRAMEWORK AND PLAN The Secretary of Defense is directed to submit a copy of the Indo-Pacific Strategic Framework and the Indo-Pacific Implementation Plan to the congressional defense committees not later than 30 days after the enactment of this Act. OPERATION AND MAINTENANCE, ARMY RESERVE The agreement provides $2,984,494,000 for Operation and Maintenance, Army Reserve, as follows: [[Page H10688]] [GRAPHIC] [TIFF OMITTED] TH161219.365 [[Page H10689]] [GRAPHIC] [TIFF OMITTED] TH161219.366 [[Page H10690]] OPERATION AND MAINTENANCE, NAVY RESERVE The agreement provides $1,102,616,000 for Operation and Maintenance, Navy Reserve, as follows: [[Page H10691]] [GRAPHIC] [TIFF OMITTED] TH161219.367 [[Page H10692]] [GRAPHIC] [TIFF OMITTED] TH161219.368 [[Page H10693]] OPERATION AND MAINTENANCE, MARINE CORPS RESERVE The agreement provides $289,076,000 for Operation and Maintenance, Marine Corps Reserve, as follows: [[Page H10694]] [GRAPHIC] [TIFF OMITTED] TH161219.369 [[Page H10695]] [GRAPHIC] [TIFF OMITTED] TH161219.370 [[Page H10696]] OPERATION AND MAINTENANCE, AIR FORCE RESERVE The agreement provides $3,227,318,000 for Operation and Maintenance, Air Force Reserve, as follows: [[Page H10697]] [GRAPHIC] [TIFF OMITTED] TH161219.371 [[Page H10698]] [GRAPHIC] [TIFF OMITTED] TH161219.372 [[Page H10699]] OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD The agreement provides $7,461,947,000 for Operation and Maintenance, Army National Guard, as follows: [[Page H10700]] [GRAPHIC] [TIFF OMITTED] TH161219.373 [[Page H10701]] [GRAPHIC] [TIFF OMITTED] TH161219.374 [[Page H10702]] [GRAPHIC] [TIFF OMITTED] TH161219.375 [[Page H10703]] [GRAPHIC] [TIFF OMITTED] TH161219.376 [[Page H10704]] OPERATION AND MAINTENANCE, AIR NATIONAL GUARD The agreement provides $6,655,292,000 for Operation and Maintenance, Air National Guard, as follows: [[Page H10705]] [GRAPHIC] [TIFF OMITTED] TH161219.377 [[Page H10706]] [GRAPHIC] [TIFF OMITTED] TH161219.378 [[Page H10707]] UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES The agreement provides $14,771,000 for the United States Court of Appeals for the Armed Forces. ENVIRONMENTAL RESTORATION, ARMY The agreement provides $251,700,000, an increase of $44,182,000 above the budget request, for Environmental Restoration, Army. Specifically, $42,482,000 is provided as a general program increase and $1,700,000 is provided to address costs associated with remediating contamination caused by perfluorinated chemicals. ENVIRONMENTAL RESTORATION, NAVY The agreement provides $385,000,000, an increase of $49,068,000 above the budget request, for Environmental Restoration, Navy. ENVIRONMENTAL RESTORATION, AIR FORCE The agreement provides $485,000,000, an increase of $182,256,000 above the budget request, for Environmental Restoration, Air Force. Specifically, $82,256,000 is provided as a general program increase and $100,000,000 is provided to address costs associated with remediating contamination caused by perfluorinated chemicals. ENVIRONMENTAL RESTORATION, DEFENSE-WIDE The agreement provides $19,002,000, an increase of $9,897,000 above the budget request, for Environmental Restoration, Defense-Wide. ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES The agreement provides $275,000,000, an increase of $58,501,000 above the budget request, for Environmental Restoration, Formerly Used Defense Sites. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID The agreement provides $135,000,000 for Overseas Humanitarian, Disaster, and Civic Aid, as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget Request Final Bill ------------------------------------------------------------------------ FOREIGN DISASTER RELIEF................. 21,277 35,000 Program increase.................... 13,723 HUMANITARIAN ASSISTANCE................. 74,564 85,000 Program increase.................... 10,436 HUMANITARIAN MINE ACTION PROGRAM........ 12,759 15,000 Program increase.................... 2,241 ------------------------------- Total, Overseas Humanitarian, 108,600 135,000 Disaster, and Civic Aid........ ------------------------------------------------------------------------ COOPERATIVE THREAT REDUCTION ACCOUNT The agreement provides $373,700,000 for the Cooperative Threat Reduction Account, as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget Request Final Bill ------------------------------------------------------------------------ Strategic Offensive Arms Elimination.... 492 492 Chemical Weapons Destruction............ 12,856 12,856 Global Nuclear Security................. 33,919 48,919 Program increase--Global Nuclear 15,000 Security........................... Biological Threat Reduction Program..... 183,642 203,642 Program increase--Biological Threat 20,000 Reduction program.................. Proliferation Prevention Program........ 79,869 79,869 Other Assessments/Admin Costs........... 27,922 27,922 ------------------------------- Total, Cooperative Threat 338,700 373,700 Reduction Account.............. ------------------------------------------------------------------------ DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND The agreement provides $400,000,000 for the Department of Defense Acquisition Workforce Development Fund, as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget Request Final Bill ------------------------------------------------------------------------ TRAINING AND DEVELOPMENT................ 239,200 239,200 RETENTION AND RECOGNITION............... 20,000 20,000 RECRUITING AND HIRING................... 140,800 140,800 UNDISTRIBUTED ADJUSTMENTS Planned carryover--transfer to .............. -52,584 Department of Defense Acquisition Workforce Initiatives.............. Execution delays--transfer to .............. -43,416 Department of Defense Acquisition Workforce Initiatives.............. Program increase--Department of .............. 26,600 Defense Acquisition Workforce Initiative SMART Corps for civilian acquisition specialists............ Program increase--Department of .............. 48,000 Defense Acquisition Workforce Initiative DAU transformation...... Program increase--Department of .............. 21,400 Defense Acquisition Workforce Initiative Critical acquisition workforce skills hiring initiative. ------------------------------- Total, Department of Defense 400,000 400,000 Acquisition Workforce Development Fund............... ------------------------------------------------------------------------ TITLE III--PROCUREMENT The agreement provides $133,879,995,000 in Title III, Procurement, as follows: [[Page H10708]] [GRAPHIC] [TIFF OMITTED] TH161219.379 [[Page H10709]] REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS (INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING) The Secretary of Defense is directed to continue to follow the reprogramming guidance as specified in the report accompanying the House version of the Department of Defense Appropriations bill for Fiscal Year 2008 (House Report 110- 279). Specifically, the dollar threshold for reprogramming funds shall be $10,000,000 for procurement and research, development, test and evaluation. Also, the Under Secretary of Defense (Comptroller) is directed to continue to provide the congressional defense committees quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV shall comply with the guidance specified in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative from the base for reprogramming value as modified by any adjustments. Therefore, if the combined value of transfers into or out of a procurement (P-1) or research, development, test and evaluation (R-1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established elsewhere in this statement. FUNDING INCREASES The funding increases outlined in these tables shall be provided only for the specific purposes indicated in the tables. PROCUREMENT SPECIAL INTEREST ITEMS Items for which additional funds have been recommended or items for which funding is specifically reduced as shown in the project level tables detailing recommended adjustments or in paragraphs using the phrase ``only for'' or ``only to'' in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount, as specifically addressed elsewhere in the explanatory statement. JOINT STRIKE FIGHTER PRIOR YEAR SAVINGS The recent Lot 12-14 contract agreement for procurement of the F-35 Joint Strike Fighter resulted in substantial savings from prior year appropriations due to declining unit costs. The agreement preserves $250,400,000 of this savings within the Aircraft Procurement, Navy and Aircraft Procurement, Air Force accounts for fiscal years 2018 and 2019 in order to fund the alternate sourcing of F-35 parts manufactured in the Republic of Turkey. In addition, the agreement preserves $322,563,000 in the same accounts for reinvestments identified by the Director of the F-35 Joint Program Office to support future cost reductions and more efficient sustainment and to convert F-35As, previously designated for Turkey, for United States Air Force use. JOINT STRIKE FIGHTER SPARES DATA The agreement provides $757,471,000 in additional spares for all three variants of the Joint Strike Fighter. The Secretary of Defense is directed to not obligate or expend more than 50 percent of these funds until 15 days after the Director of the F-35 Joint Program Office submits to the congressional defense committees a certification that the Department of Defense has submitted a formal request for proposal (RFP) for provisioning and cataloguing data to the F-35 prime contractor, and that the RFP has been coordinated with the prime contractor for delivery of a proposal by the end of calendar year 2020. Additionally, the Secretary of Defense is further directed to include the costs of acquiring these data, as applicable, in future budget exhibits and briefing materials for the congressional defense committees beginning with the fiscal year 2021 budget submission. This language replaces the language under the heading ``Positioning the F-35 Program for Continued Success'' in House Report 116-84. AIRCRAFT PROCUREMENT, ARMY The agreement provides $3,771,329,000 for Aircraft Procurement, Army, as follows: [[Page H10710]] [GRAPHIC] [TIFF OMITTED] TH161219.380 [[Page H10711]] [GRAPHIC] [TIFF OMITTED] TH161219.381 [[Page H10712]] [GRAPHIC] [TIFF OMITTED] TH161219.382 [[Page H10713]] MISSILE PROCUREMENT, ARMY The agreement provides $2,995,673,000 for Missile Procurement, Army, as follows: [[Page H10714]] [GRAPHIC] [TIFF OMITTED] TH161219.383 [[Page H10715]] [GRAPHIC] [TIFF OMITTED] TH161219.384 [[Page H10716]] [GRAPHIC] [TIFF OMITTED] TH161219.385 [[Page H10717]] [GRAPHIC] [TIFF OMITTED] TH161219.386 [[Page H10718]] PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY The agreement provides $4,663,597,000 for Procurement of Weapons and Tracked Combat Vehicles, Army, as follows: [[Page H10719]] [GRAPHIC] [TIFF OMITTED] TH161219.387 [[Page H10720]] [GRAPHIC] [TIFF OMITTED] TH161219.388 [[Page H10721]] [GRAPHIC] [TIFF OMITTED] TH161219.389 [[Page H10722]] PROCUREMENT OF AMMUNITION, ARMY The agreement provides $2,578,575,000 for Procurement of Ammunition, Army, as follows: [[Page H10723]] [GRAPHIC] [TIFF OMITTED] TH161219.390 [[Page H10724]] [GRAPHIC] [TIFF OMITTED] TH161219.391 [[Page H10725]] [GRAPHIC] [TIFF OMITTED] TH161219.392 [[Page H10726]] [GRAPHIC] [TIFF OMITTED] TH161219.393 [[Page H10727]] [GRAPHIC] [TIFF OMITTED] TH161219.394 [[Page H10728]] OTHER PROCUREMENT, ARMY The agreement provides $7,581,524,000 for Other Procurement, Army, as follows: [[Page H10729]] [GRAPHIC] [TIFF OMITTED] TH161219.395 [[Page H10730]] [GRAPHIC] [TIFF OMITTED] TH161219.396 [[Page H10731]] [GRAPHIC] [TIFF OMITTED] TH161219.397 [[Page H10732]] [GRAPHIC] [TIFF OMITTED] TH161219.398 [[Page H10733]] [GRAPHIC] [TIFF OMITTED] TH161219.399 [[Page H10734]] [GRAPHIC] [TIFF OMITTED] TH161219.400 [[Page H10735]] [GRAPHIC] [TIFF OMITTED] TH161219.401 [[Page H10736]] [GRAPHIC] [TIFF OMITTED] TH161219.402 [[Page H10737]] [GRAPHIC] [TIFF OMITTED] TH161219.403 [[Page H10738]] [GRAPHIC] [TIFF OMITTED] TH161219.404 [[Page H10739]] [GRAPHIC] [TIFF OMITTED] TH161219.405 [[Page H10740]] AIRCRAFT PROCUREMENT, NAVY The agreement provides $19,605,513,000 for Aircraft Procurement, Navy, as follows: [[Page H10741]] [GRAPHIC] [TIFF OMITTED] TH161219.406 [[Page H10742]] [GRAPHIC] [TIFF OMITTED] TH161219.407 [[Page H10743]] [GRAPHIC] [TIFF OMITTED] TH161219.408 [[Page H10744]] [GRAPHIC] [TIFF OMITTED] TH161219.409 [[Page H10745]] [GRAPHIC] [TIFF OMITTED] TH161219.410 [[Page H10746]] [GRAPHIC] [TIFF OMITTED] TH161219.411 [[Page H10747]] WEAPONS PROCUREMENT, NAVY The agreement provides $4,017,470,000 for Weapons Procurement, Navy, as follows: [[Page H10748]] [GRAPHIC] [TIFF OMITTED] TH161219.412 [[Page H10749]] [GRAPHIC] [TIFF OMITTED] TH161219.413 [[Page H10750]] [GRAPHIC] [TIFF OMITTED] TH161219.414 [[Page H10751]] [GRAPHIC] [TIFF OMITTED] TH161219.415 [[Page H10752]] [GRAPHIC] [TIFF OMITTED] TH161219.416 [[Page H10753]] PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS The agreement provides $843,401,000 for Procurement of Ammunition, Navy and Marine Corps, as follows: [[Page H10754]] [GRAPHIC] [TIFF OMITTED] TH161219.417 [[Page H10755]] [GRAPHIC] [TIFF OMITTED] TH161219.418 [[Page H10756]] [GRAPHIC] [TIFF OMITTED] TH161219.419 [[Page H10757]] [GRAPHIC] [TIFF OMITTED] TH161219.420 [[Page H10758]] SHIPBUILDING AND CONVERSION, NAVY The agreement provides $23,975,378,000 for Shipbuilding and Conversion, Navy, as follows: [[Page H10759]] [GRAPHIC] [TIFF OMITTED] TH161219.421 [[Page H10760]] [GRAPHIC] [TIFF OMITTED] TH161219.422 [[Page H10761]] [GRAPHIC] [TIFF OMITTED] TH161219.423 [[Page H10762]] [GRAPHIC] [TIFF OMITTED] TH161219.424 [[Page H10763]] FFG(X) FRIGATE PROGRAM There remain concerns with the dependence of the Department of the Navy to source surface ship components from foreign industry partners rather than promote a robust domestic industrial base. The agreement amends a legislative provision included in H.R. 2740 to allow the Secretary of the Navy to procure certain components for the FFG(X) Frigate program from non-United States suppliers with the direction that United States manufactured propulsion engines and propulsion reduction gears must be incorporated into the program not later than with the eleventh ship of the Frigate class. Furthermore, the Secretary of the Navy is directed to conduct a study on the impacts of incorporating United States manufactured propulsion engines and propulsion reduction gears into the FFG(X) Frigate program prior to the eleventh ship, and to submit the study to the congressional defense committees not later than 180 days after the contract award of the FFG(X) Frigate. The study shall include estimates of potential changes to the acquisition schedule and any associated costs with incorporating domestically produced propulsion equipment into the FFG(X) Frigate program with the fourth, sixth, eighth, tenth, and eleventh ship of the program. Additionally, the Secretary of the Navy is encouraged to support a robust domestic industrial base with more stringent contract requirements in future surface ship classes. OTHER PROCUREMENT, NAVY The agreement provides $10,075,257,000 for Other Procurement, Navy, as follows: [[Page H10764]] [GRAPHIC] [TIFF OMITTED] TH161219.425 [[Page H10765]] [GRAPHIC] [TIFF OMITTED] TH161219.426 [[Page H10766]] [GRAPHIC] [TIFF OMITTED] TH161219.427 [[Page H10767]] [GRAPHIC] [TIFF OMITTED] TH161219.428 [[Page H10768]] [GRAPHIC] [TIFF OMITTED] TH161219.429 [[Page H10769]] [GRAPHIC] [TIFF OMITTED] TH161219.430 [[Page H10770]] [GRAPHIC] [TIFF OMITTED] TH161219.431 [[Page H10771]] [GRAPHIC] [TIFF OMITTED] TH161219.432 [[Page H10772]] [GRAPHIC] [TIFF OMITTED] TH161219.433 [[Page H10773]] [GRAPHIC] [TIFF OMITTED] TH161219.434 [[Page H10774]] [GRAPHIC] [TIFF OMITTED] TH161219.435 [[Page H10775]] [GRAPHIC] [TIFF OMITTED] TH161219.436 [[Page H10776]] [GRAPHIC] [TIFF OMITTED] TH161219.437 [[Page H10777]] PROCUREMENT, MARINE CORPS The agreement provides $2,898,422,000 for Procurement, Marine Corps, as follows: [[Page H10778]] [GRAPHIC] [TIFF OMITTED] TH161219.438 [[Page H10779]] [GRAPHIC] [TIFF OMITTED] TH161219.439 [[Page H10780]] [GRAPHIC] [TIFF OMITTED] TH161219.440 [[Page H10781]] [GRAPHIC] [TIFF OMITTED] TH161219.441 [[Page H10782]] AIRCRAFT PROCUREMENT, AIR FORCE The agreement provides $17,512,361,000 for Aircraft Procurement, Air Force, as follows: [[Page H10783]] [GRAPHIC] [TIFF OMITTED] TH161219.442 [[Page H10784]] [GRAPHIC] [TIFF OMITTED] TH161219.443 [[Page H10785]] [GRAPHIC] [TIFF OMITTED] TH161219.444 [[Page H10786]] [GRAPHIC] [TIFF OMITTED] TH161219.445 [[Page H10787]] [GRAPHIC] [TIFF OMITTED] TH161219.446 [[Page H10788]] [GRAPHIC] [TIFF OMITTED] TH161219.447 [[Page H10789]] [GRAPHIC] [TIFF OMITTED] TH161219.448 [[Page H10790]] MISSILE PROCUREMENT, AIR FORCE The agreement provides $2,575,890,000 for Missile Procurement, Air Force, as follows: [[Page H10791]] [GRAPHIC] [TIFF OMITTED] TH161219.449 [[Page H10792]] [GRAPHIC] [TIFF OMITTED] TH161219.450 [[Page H10793]] SPACE PROCUREMENT, AIR FORCE The agreement provides $2,353,383,000 for Space Procurement, Air Force, as follows: [[Page H10794]] [GRAPHIC] [TIFF OMITTED] TH161219.451 [[Page H10795]] [GRAPHIC] [TIFF OMITTED] TH161219.452 [[Page H10796]] PROCUREMENT OF AMMUNITION, AIR FORCE The agreement provides $1,625,661,000 for Procurement of Ammunition, Air Force, as follows: [[Page H10797]] [GRAPHIC] [TIFF OMITTED] TH161219.453 [[Page H10798]] [GRAPHIC] [TIFF OMITTED] TH161219.454 [[Page H10799]] OTHER PROCUREMENT, AIR FORCE The agreement provides $21,410,021,000 for Other Procurement, Air Force, as follows: [[Page H10800]] [GRAPHIC] [TIFF OMITTED] TH161219.455 [[Page H10801]] [GRAPHIC] [TIFF OMITTED] TH161219.456 [[Page H10802]] [GRAPHIC] [TIFF OMITTED] TH161219.457 [[Page H10803]] [GRAPHIC] [TIFF OMITTED] TH161219.458 [[Page H10804]] PROCUREMENT, DEFENSE-WIDE The agreement provides $5,332,147,000 for Procurement, Defense-Wide, as follows: [[Page H10805]] [GRAPHIC] [TIFF OMITTED] TH161219.459 [[Page H10806]] [GRAPHIC] [TIFF OMITTED] TH161219.460 [[Page H10807]] [GRAPHIC] [TIFF OMITTED] TH161219.461 [[Page H10808]] [GRAPHIC] [TIFF OMITTED] TH161219.462 [[Page H10809]] [GRAPHIC] [TIFF OMITTED] TH161219.463 [[Page H10810]] DEFENSE PRODUCTION ACT PURCHASES The agreement provides $64,393,000 for Defense Production Act Purchases, as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget Request Final Bill ------------------------------------------------------------------------ DEFENSE PRODUCTION ACT PURCHASES........ 34,393 64,393 Program increase.................... .............. 30,000 ------------------------------- Total, Defense Production Act 34,393 64,393 Purchases...................... ------------------------------------------------------------------------ JOINT URGENT OPERATIONAL NEEDS FUND The agreement does not recommend funding for the Joint Urgent Operational Needs Fund. TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION The agreement provides $104,431,232,000 in Title IV, Research, Development, Test and Evaluation, as follows: [[Page H10811]] [GRAPHIC] [TIFF OMITTED] TH161219.464 [[Page H10812]] REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS (INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING) The Secretary of Defense is directed to continue to follow the reprogramming guidance as specified in the report accompanying the House version of the Department of Defense Appropriations bill for Fiscal Year 2008 (House Report 110- 279). Specifically, the dollar threshold for reprogramming funds shall be $10,000,000 for procurement and research, development, test and evaluation. Also, the Under Secretary of Defense (Comptroller) is directed to continue to provide the congressional defense committees quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV shall comply with the guidance specified in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative from the base for reprogramming value as modified by any adjustments. Therefore, if the combined value of transfers into or out of a procurement (P-1) or research, development, test and evaluation (R-1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established elsewhere in this statement. FUNDING INCREASES The funding increases outlined in these tables shall be provided only for the specific purposes indicated in the tables. RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST ITEMS Items for which additional funds have been recommended or items for which funding is specifically reduced as shown in the project level tables detailing recommended adjustments or in paragraphs using the phrase ``only for'' or ``only to'' in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount, as specifically addressed elsewhere in the explanatory statement. JOINT HYPERSONICS TRANSITION OFFICE Hypersonic weapons pose a dangerous new class of threat to national security. They operate at exceptionally high speeds and can maneuver unpredictably, making them challenging to track and difficult to intercept. Potential adversaries, such as Russia and China, have recognized the value of hypersonic weapons to offset United States military capabilities and hold United States forces at risk. Adversaries have made alarming progress in developing and demonstrating such weapons, far outstripping the pace of United States advancements. The agreement supports efforts aimed at developing capabilities to hold adversaries at risk, as well as capabilities to defend against growing hypersonic threats. The agreement strongly supports increased emphasis on research, development, testing, and demonstration of hypersonics technologies and systems. However, there are concerns that the rapid growth in hypersonic research has the potential to result in stove-piped, proprietary systems that duplicate capabilities and increase costs. The agreement includes $100,000,000 for the Joint Hypersonics Transition Office to develop and implement an integrated science and technology roadmap for hypersonics and to establish a university consortium for hypersonics research and workforce development to support Department efforts to expedite testing, evaluation, and acquisition of hypersonic weapons systems, and to coordinate current and future research, development, test, and evaluation programs across the Department of Defense. The Under Secretary of Defense (Research and Engineering) is directed to submit a report to the congressional defense committees not later than 90 days after the enactment of this Act, and quarterly updates thereafter, on its integrated science and technology roadmap describing the short-term, mid-term, and long-term goals of the Department; progress toward achieving the goals; associated investment needed to achieve the goals; and plans for a university consortium. TELECOMMUNICATIONS COMPONENTS SUPPLY CHAIN The Under Secretary for Defense (Acquisition and Sustainment) is directed to provide a report to the congressional defense committees not later than 180 days after the enactment of this Act which evaluates the risk to the supply chain for fiber and related optical telecommunications components, and if appropriate, recommends risk mitigation strategies for Department of Defense acquisition programs. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY The agreement provides $12,543,435,000 for Research, Development, Test and Evaluation, Army, as follows: [[Page H10813]] [GRAPHIC] [TIFF OMITTED] TH161219.465 [[Page H10814]] [GRAPHIC] [TIFF OMITTED] TH161219.466 [[Page H10815]] [GRAPHIC] [TIFF OMITTED] TH161219.467 [[Page H10816]] [GRAPHIC] [TIFF OMITTED] TH161219.468 [[Page H10817]] [GRAPHIC] [TIFF OMITTED] TH161219.469 [[Page H10818]] [GRAPHIC] [TIFF OMITTED] TH161219.470 [[Page H10819]] [GRAPHIC] [TIFF OMITTED] TH161219.471 [[Page H10820]] [GRAPHIC] [TIFF OMITTED] TH161219.472 [[Page H10821]] [GRAPHIC] [TIFF OMITTED] TH161219.473 [[Page H10822]] [GRAPHIC] [TIFF OMITTED] TH161219.474 [[Page H10823]] [GRAPHIC] [TIFF OMITTED] TH161219.475 [[Page H10824]] [GRAPHIC] [TIFF OMITTED] TH161219.476 [[Page H10825]] [GRAPHIC] [TIFF OMITTED] TH161219.477 [[Page H10826]] [GRAPHIC] [TIFF OMITTED] TH161219.478 [[Page H10827]] [GRAPHIC] [TIFF OMITTED] TH161219.479 [[Page H10828]] [GRAPHIC] [TIFF OMITTED] TH161219.480 [[Page H10829]] [GRAPHIC] [TIFF OMITTED] TH161219.481 [[Page H10830]] [GRAPHIC] [TIFF OMITTED] TH161219.482 [[Page H10831]] [GRAPHIC] [TIFF OMITTED] TH161219.483 [[Page H10832]] [GRAPHIC] [TIFF OMITTED] TH161219.484 [[Page H10833]] OPTIONALLY MANNED FIGHTING VEHICLE The agreement provides $205,620,000 for the Optionally Manned Fighting Vehicle (OMFV), a reduction of $172,780,000 from the budget request. It is directed that none of the funds provided may be obligated for middle tier acquisition rapid prototyping until the Secretary of the Army has provided a brief to the congressional defense committees which includes the results of the source selection process; an explanation of how program requirements were built, their traceability to the national defense strategy and multi- domain operations, and the capability gaps they address; and an updated acquisition strategy and program schedule. Given the significance of the OMFV program in support of Army modernization, it is imperative that the congressional defense committees receive timely schedule and cost information in order to make informed decisions. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY The agreement provides $20,155,115,000 for Research, Development, Test and Evaluation, Navy, as follows: [[Page H10834]] [GRAPHIC] [TIFF OMITTED] TH161219.485 [[Page H10835]] [GRAPHIC] [TIFF OMITTED] TH161219.486 [[Page H10836]] [GRAPHIC] [TIFF OMITTED] TH161219.487 [[Page H10837]] [GRAPHIC] [TIFF OMITTED] TH161219.488 [[Page H10838]] [GRAPHIC] [TIFF OMITTED] TH161219.489 [[Page H10839]] [GRAPHIC] [TIFF OMITTED] TH161219.490 [[Page H10840]] [GRAPHIC] [TIFF OMITTED] TH161219.491 [[Page H10841]] [GRAPHIC] [TIFF OMITTED] TH161219.492 [[Page H10842]] [GRAPHIC] [TIFF OMITTED] TH161219.493 [[Page H10843]] [GRAPHIC] [TIFF OMITTED] TH161219.494 [[Page H10844]] [GRAPHIC] [TIFF OMITTED] TH161219.495 [[Page H10845]] [GRAPHIC] [TIFF OMITTED] TH161219.496 [[Page H10846]] [GRAPHIC] [TIFF OMITTED] TH161219.497 [[Page H10847]] [GRAPHIC] [TIFF OMITTED] TH161219.498 [[Page H10848]] [GRAPHIC] [TIFF OMITTED] TH161219.499 [[Page H10849]] [GRAPHIC] [TIFF OMITTED] TH161219.500 [[Page H10850]] [GRAPHIC] [TIFF OMITTED] TH161219.501 [[Page H10851]] [GRAPHIC] [TIFF OMITTED] TH161219.502 [[Page H10852]] [GRAPHIC] [TIFF OMITTED] TH161219.503 [[Page H10853]] [GRAPHIC] [TIFF OMITTED] TH161219.504 [[Page H10854]] [GRAPHIC] [TIFF OMITTED] TH161219.505 [[Page H10855]] LARGE UNMANNED SURFACE VESSELS The agreement recommends $209,200,000 to fully fund two Large Unmanned Surface Vessels (LUSVs), as requested in the fiscal year 2020 budget. The Secretary of the Navy is directed to comply with the full funding policy for LUSVs in future budget submissions. Further, the agreement recommends $50,000,000 for the design of future LUSVs without a vertical launch system capability in fiscal year 2020. Incremental upgrade capability for a vertical launch system may be addressed in future fiscal years. It is directed that no funds may be awarded for the conceptual design of future LUSVs until the Assistant Secretary of the Navy (Research, Development and Acquisition) briefs the congressional defense committees on the updated acquisition strategy for unmanned surface vessels. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE The agreement provides $45,566,955,000 for Research, Development, Test and Evaluation, Air Force, as follows: [[Page H10856]] [GRAPHIC] [TIFF OMITTED] TH161219.506 [[Page H10857]] [GRAPHIC] [TIFF OMITTED] TH161219.507 [[Page H10858]] [GRAPHIC] [TIFF OMITTED] TH161219.508 [[Page H10859]] [GRAPHIC] [TIFF OMITTED] TH161219.509 [[Page H10860]] [GRAPHIC] [TIFF OMITTED] TH161219.510 [[Page H10861]] [GRAPHIC] [TIFF OMITTED] TH161219.511 [[Page H10862]] [GRAPHIC] [TIFF OMITTED] TH161219.512 [[Page H10863]] [GRAPHIC] [TIFF OMITTED] TH161219.513 [[Page H10864]] [GRAPHIC] [TIFF OMITTED] TH161219.514 [[Page H10865]] [GRAPHIC] [TIFF OMITTED] TH161219.515 [[Page H10866]] [GRAPHIC] [TIFF OMITTED] TH161219.516 [[Page H10867]] [GRAPHIC] [TIFF OMITTED] TH161219.517 [[Page H10868]] [GRAPHIC] [TIFF OMITTED] TH161219.518 [[Page H10869]] [GRAPHIC] [TIFF OMITTED] TH161219.519 [[Page H10870]] [GRAPHIC] [TIFF OMITTED] TH161219.520 [[Page H10871]] [GRAPHIC] [TIFF OMITTED] TH161219.521 [[Page H10872]] [GRAPHIC] [TIFF OMITTED] TH161219.522 [[Page H10873]] COMBAT RESCUE HELICOPTER The agreement provides $247,047,000, the same as the budget request, for the continued development of the Combat Rescue Helicopter. It is noted that the Air Force will use some of the funds provided to procure an additional test asset to support a modernization program that includes upgrades to address an evolving threat environment. The Secretary of the Air Force is directed to modify future budget exhibits and briefings to the congressional defense committees to clearly separate and identify funding for the modernization program and provide greater detail on both modernization requirements and the planned use of funds. NEXT GENERATION OVERHEAD PERSISTENT INFRARED The agreement retains language included in Senate Report 116-103 which designates the Next-Generation Overhead Persistent Infrared program as a congressional special interest item. The Secretary of the Air Force is directed to provide quarterly reports to the congressional defense committees on the program. OVERHEAD PERSISTENT INFRARED ENTERPRISE ARCHITECTURE The Department of Defense lacks consensus on its space architecture plans to meet requirements for strategic and tactical missile warning, missile defense, and battlespace awareness mission areas. Currently, the Air Force, Missile Defense Agency, Space Development Agency, and others, are planning to spend tens of billions of dollars pursuing various potential satellite constellations, with a variety of sensor types, constellation sizes, and orbits ranging from proliferated low-earth to geosynchronous and others. The Department has yet to synchronize or harmonize these proposals into a clearly articulated executable and affordable integrated enterprise space architecture. While the Air Force's Next-Generation Overhead Persistent Infrared Block 0 is an important near-term step for the missile warning mission area, an enterprise architecture strategy is needed to inform decisions on plans, programs, and investments to address the spectrum of overhead persistent infrared mission areas. Without such an enterprise architecture strategy there is potential for inefficiencies, duplication, and unnecessary overlap. The lack of an integrated strategy also risks missing opportunities to integrate sensors and capabilities to increase performance and improve survivability against increasing threats. Therefore, the Secretary of Defense is directed to develop an integrated overhead persistent infrared enterprise architecture strategy to carry out these mission areas. The strategy shall define the Department's proposed reference architecture, acquisition strategy, identification of lead agency or Service for each element, estimated cost, schedule of key milestones, and transition plans. The Secretary of Defense is directed to provide the strategy to the congressional defense committees not later than 270 days after the enactment of this Act. WEATHER ENTERPRISE STRATEGY The agreement notes concerns about the Air Force's weather acquisition strategy and commitment to provide accurate and timely weather data, a mission with a profound impact on daily worldwide military operations. Therefore, the Secretary of the Air Force is directed to provide the congressional defense committees, not later than 180 days after the enactment of this Act, with a strategy, including proposed acquisition plans, estimated cost, and schedule of key milestones, for a weather enterprise architecture to meet all twelve validated space-based environmental monitoring requirements and related Joint Requirements Oversight Council requirements though at least 2030. LOW COST ATTRITABLE AIRCRAFT TECHNOLOGY The agreement provides an additional $100,000,000 to further develop Low Cost Attritable Aircraft Technology (LCAAT). The Secretary of the Air Force is directed to submit to the congressional defense committees a spend plan for this additional funding, plus any LCAAT funding in the underlying fiscal year 2020 budget request, not later than 90 days after the enactment of this Act. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE The agreement provides $25,938,027,000 for Research, Development, Test and Evaluation, Defense-Wide, as follows: [[Page H10874]] [GRAPHIC] [TIFF OMITTED] TH161219.523 [[Page H10875]] [GRAPHIC] [TIFF OMITTED] TH161219.524 [[Page H10876]] [GRAPHIC] [TIFF OMITTED] TH161219.525 [[Page H10877]] [GRAPHIC] [TIFF OMITTED] TH161219.526 [[Page H10878]] [GRAPHIC] [TIFF OMITTED] TH161219.527 [[Page H10879]] [GRAPHIC] [TIFF OMITTED] TH161219.528 [[Page H10880]] [GRAPHIC] [TIFF OMITTED] TH161219.529 [[Page H10881]] [GRAPHIC] [TIFF OMITTED] TH161219.530 [[Page H10882]] [GRAPHIC] [TIFF OMITTED] TH161219.531 [[Page H10883]] [GRAPHIC] [TIFF OMITTED] TH161219.532 [[Page H10884]] [GRAPHIC] [TIFF OMITTED] TH161219.533 [[Page H10885]] [GRAPHIC] [TIFF OMITTED] TH161219.534 [[Page H10886]] [GRAPHIC] [TIFF OMITTED] TH161219.535 [[Page H10887]] [GRAPHIC] [TIFF OMITTED] TH161219.536 [[Page H10888]] [GRAPHIC] [TIFF OMITTED] TH161219.537 [[Page H10889]] [GRAPHIC] [TIFF OMITTED] TH161219.538 [[Page H10890]] [GRAPHIC] [TIFF OMITTED] TH161219.539 [[Page H10891]] REDESIGNED KILL VEHICLE PROGRAM TERMINATION AND UNITED STATES HOMELAND DEFENSE Subsequent to the submission of the fiscal year 2020 budget request, the Under Secretary of Defense (Research and Engineering) terminated for convenience the Redesigned Kill Vehicle (RKV) program. It is noted that the Administration is evaluating several potential interceptor options for improving the Nation's homeland defense, to include a Next Generation Interceptor (NGI) that would field several years from now. Therefore, the agreement recommends several adjustments, as delineated in the project level tables in this explanatory statement, to initiate the competitive development of NGI while maintaining and enhancing existing homeland defense capabilities against near- and mid-term threats prior to the fielding of NGI. It is expected that with submission of the fiscal year 2021 budget request, the Administration will have concluded its evaluation of interceptor options. Therefore, the Director of the Missile Defense Agency (MDA) is directed to submit to the congressional defense committees, with the submission of the fiscal year 2021 budget request, MDA's strategy for the Nation's homeland defense in the near-, mid-, and far-term, to include acquisition strategies for each element of the architecture, manufacturing and technology readiness levels, contract-type determinations and rationales therefor, plans for technical data management, sustainment strategies, integrated master test plans and integrated master schedules, as well as cost estimates. Further, the Secretary of Defense is directed to select an appropriate entity outside the Department of Defense to conduct an independent review and assessment of the current and planned United States homeland defense architecture against near-, mid-, and far-term threats. At a minimum, such review shall address operational effectiveness and reliability of the current system; force structure and inventory levels necessary to achieve the planned capabilities; the strategy for the development, production, testing, deployment, modernization and sustainment of the architecture; technology and manufacturing readiness levels required to implement the architecture; and industrial base readiness to support this architecture. It is further directed that such review shall be submitted to the congressional defense committees not later than 180 days after the enactment of this Act. In addition, the Director, Cost Assessment and Program Evaluation is directed to submit to the congressional defense committees an independent cost assessment of this architecture not later than 30 days after submission of the review to the congressional defense committees. This language replaces language under the header ``Redesigned Kill Vehicle Program Termination and Development of Next Generation Interceptor'' in Senate Report 116-103. OPERATIONAL TEST AND EVALUATION, DEFENSE The agreement provides $227,700,000 for Operational Test and Evaluation, Defense, as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget Request Final Bill ------------------------------------------------------------------------ OPERATIONAL TEST AND EVALUATION......... 93,291 93,291 LIVE FIRE TESTING....................... 69,172 69,172 OPERATIONAL TEST ACTIVITIES AND ANALYSIS 58,737 65,237 Program increase--advanced satellite .............. 5,000 navigation receiver................ Program increase--cyber talent .............. 1,500 recruitment initiative............. ------------------------------- Total, Operational Test & 221,200 227,700 Evaluation, Defense............ ------------------------------------------------------------------------ TITLE V--REVOLVING AND MANAGEMENT FUNDS The agreement provides $1,564,211,000 in Title V, Revolving and Management Funds. DEFENSE WORKING CAPITAL FUNDS The agreement provides $1,564,211,000 for Defense Working Capital Funds, as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget Request Final Bill ------------------------------------------------------------------------ WORKING CAPITAL FUND, ARMY.............. 89,597 227,597 Arsenals Initiative................. 57,467 186,467 Program increase................ .............. 129,000 Supply Management................... 32,130 32,130 Program increase--pilot program for .............. 9,000 partnership with digital manufacturing institute efforts.... WORKING CAPITAL FUND, AIR FORCE......... 92,499 92,499 WORKING CAPITAL FUND, DEFENSE-WIDE...... 49,085 49,085 DEFENSE WORKING CAPITAL FUND, DECA...... 995,030 995,030 DEFENSE COUNTERINTELLIGENCE AND SECURITY 0 200,000 AGENCY................................. Transfer--DCSA funding from request .............. 200,000 as a separate working capital fund. ------------------------------- Total, Defense Working Capital Funds 1,226,211 1,564,211 ------------------------------------------------------------------------ TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS The agreement provides $36,316,176,000 in Title VI, Other Department of Defense Programs, as follows: [[Page H10892]] [GRAPHIC] [TIFF OMITTED] TH161219.540 [[Page H10893]] DEFENSE HEALTH PROGRAM The agreement provides $34,074,119,000 for the Defense Health Program, as follows: [[Page H10894]] [GRAPHIC] [TIFF OMITTED] TH161219.541 [[Page H10895]] [GRAPHIC] [TIFF OMITTED] TH161219.542 [[Page H10896]] [GRAPHIC] [TIFF OMITTED] TH161219.543 [[Page H10897]] REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM (INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING) The agreement directs that the In-House Care and Private Sector Care budget sub-activities remain designated as congressional special interest items. Any transfer of funds into or out of these sub-activities requires the Secretary of Defense to follow prior approval reprogramming procedures. The Secretary of Defense is further directed to provide a report to the congressional defense committees not later than 30 days after the enactment of this Act that delineates transfers of funds and the dates any transfers occurred from the Private Sector Care budget sub-activity to any other budget sub-activity in fiscal year 2019. The Assistant Secretary of Defense (Health Affairs) is directed to provide quarterly briefings to the congressional defense committees on budget execution data for all of the Defense Health Program budget activities not later than 30 days after the end of each fiscal quarter and to adequately reflect changes to the budget activities requested by the Services in future budget submissions. The agreement recognizes the shortfall in excess of $700,000,000 experienced in the execution of Private Sector Care in fiscal year 2019 and consequently includes only modest reductions to the fiscal year 2020 Private Sector Care budget request. This language replaces the language under the headings ``Reprogramming Guidance for the Defense Health Program'' in House Report 116-84 and ``Defense Health Program Reprogramming Procedures'' in Senate Report 116-103. CARRYOVER The agreement provides one percent carryover authority for the operation and maintenance account of the Defense Health Program. The Assistant Secretary of Defense (Health Affairs) is directed to submit a detailed spending plan for any fiscal year 2019 designated carryover funds to the congressional defense committees not less than 30 days prior to executing the carryover funds. PEER-REVIEWED CANCER RESEARCH PROGRAM The agreement provides $110,000,000 for the peer-reviewed cancer research program to research cancers not addressed in the breast, pancreatic, prostate, ovarian, kidney, lung, melanoma, and rare cancer research programs. The funds provided in the peer-reviewed cancer research program are directed to be used to conduct research in the following areas: bladder cancer; blood cancers; brain cancer; colorectal cancer; esophageal cancer; head and neck cancer; immunotherapy; liver cancer; mesothelioma; metastatic cancers; neuroblastoma; pediatric brain tumors; pediatric, adolescent, and young adult cancers; and stomach cancer. The peer-reviewed cancer research program shall be used only for the purposes listed above. The inclusion of the individual rare cancer research program shall not prohibit the peer- reviewed cancer research program from funding the above mentioned cancers or cancer subtypes that may be rare by definition. The reports directed under this heading in House Report 116-84 and Senate Report 116-103 are still required to be provided not later than 12 months after the enactment of this Act. PEER-REVIEWED MEDICAL RESEARCH PROGRAM The agreement provides $360,000,000 for a peer-reviewed medical research program. The Secretary of Defense, in conjunction with the Service Surgeons General, is directed to select medical research projects of clear scientific merit and direct relevance to military health. Research areas considered under this funding are restricted to: arthritis, burn pit exposure, chronic migraine and post-traumatic headache, congenital heart disease, constrictive bronchiolitis, diabetes, dystonia, eating disorders, emerging viral diseases, endometriosis, epidermolysis bullosa, familial hypercholesterolemia, fibrous dysplasia, focal segmental glomerulosclerosis, food allergies, Fragile X, frontotemporal degeneration, Guillain-Barre Syndrome, hemorrhage control, hepatitis B, hydrocephalus, immunomonitoring of intestinal transplants, inflammatory bowel diseases, interstitial cystitis, metals toxicology, mitochondrial disease, musculoskeletal health, myalgic encephalomyelitis/chronic fatigue syndrome, myotonic dystrophy, nutrition optimization, pancreatitis, pathogen- inactivated blood products, plant-based vaccines, polycystic kidney disease, pressure ulcers, pulmonary fibrosis, resilience training, respiratory health, rheumatoid arthritis, sleep disorders and restriction, spinal muscular atrophy, sustained release drug delivery, vascular malformations, and women's heart disease. The additional funding provided under the peer-reviewed medical research program shall be devoted only to the purposes listed above. ELECTRONIC HEALTH RECORDS The agreement highlights legislative language directing the Secretary of Defense to provide quarterly reports to the congressional defense committees on the status of the deployment of the electronic health record. These reports, directed to be submitted not later than 30 days after the end of each fiscal quarter, shall include the cost and schedule of the program, to include milestones, knowledge points, and acquisition timelines, as well as quarterly obligation reports. These reports should also be provided to the Government Accountability Office. It is expected that the House and Senate Appropriations Committees continue to receive briefings on a quarterly basis, coinciding with the report submission. The agreement includes legislative language requiring the Secretary to notify the congressional defense committees on any delays to the proposed timeline for deployment. Legislative language directing the Comptroller General to continue quarterly performance reviews of the deployment of MHS GENESIS is also included. It is expected that the Program Executive Officer, Defense Healthcare Management Systems (PEO DHMS) will facilitate quarterly performance reviews by providing the Comptroller General with regular and in-depth access to the program. The Under Secretary of Defense (Acquisition and Sustainment) is directed to brief the congressional defense committees not later than 30 days after the full deployment decision on the results of the Full Operational Test and Evaluation. Additionally, the PEO DHMS is directed to provide monthly reports not later than 15 days after the end of each month to the congressional defense committees on the status of all open incident reports, as well as high priority incident reports, in order to better track the progress of resolving the issues identified in the initial deployment of MHS GENESIS. The Director of the Interagency Program Office is directed to provide quarterly reports to the House and Senate Appropriations Committees, Subcommittees on Defense and Military Construction, Veterans Affairs, and Related Agencies on the progress of interoperability between the two Departments. CHANGE IN REPORTING DEADLINES The reports directed in Senate Report 116-103 under the headings ``Traumatic Brain Injury/Psychological Health'', ``Joint Warfighter Medical Research Program'', and ``Orthotics and Prosthetics Outcomes Research'' are all directed to be submitted to the congressional defense committees not later than 12 months after the enactment of this Act. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE The agreement provides $985,499,000 for Chemical Agents and Munitions Destruction, Defense, as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget Request Final Bill ------------------------------------------------------------------------ OPERATION AND MAINTENANCE............... 107,351 107,351 PROCUREMENT............................. 2,218 2,218 RESEARCH, DEVELOPMENT, TEST AND 875,930 875,930 EVALUATION............................. ------------------------------- Total, Chemical Agents and Munitions 985,499 985,499 Destruction, Defense............... ------------------------------------------------------------------------ DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE The agreement provides $893,059,000 for Drug Interdiction and Counter-Drug Activities, Defense, as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget Request Final Bill ------------------------------------------------------------------------ COUNTER-NARCOTICS SUPPORT............... 581,739 522,171 Transfer to National Guard Counter- .............. -64,225 Drug Program....................... Program decrease.................... .............. -343 Program increase--National .............. 5,000 Commission on Combatting Synthetic Opioid Trafficking................. DRUG DEMAND REDUCTION PROGRAM........... 120,922 124,922 Program increase--young Marines drug .............. 4,000 demand reduction................... NATIONAL GUARD COUNTER-DRUG PROGRAM..... 91,370 220,595 Transfer from Counter-narcotics .............. 64,225 support............................ Program increase.................... .............. 65,000 NATIONAL GUARD COUNTER-DRUG SCHOOLS..... 5,371 25,371 Program increase.................... .............. 20,000 ------------------------------- Total, Drug Interdiction and 799,402 893,059 Counter-Drug Activities, Defense........................ ------------------------------------------------------------------------ OFFICE OF THE INSPECTOR GENERAL The agreement provides $363,499,000 for the Office of the Inspector General, as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget Request Final Bill ------------------------------------------------------------------------ OPERATION AND MAINTENANCE............... 360,201 360,201 PROCUREMENT............................. 333 333 RESEARCH, DEVELOPMENT, TEST AND 2,965 2,965 EVALUATION............................. ------------------------------- Total, Office of the Inspector 363,499 363,499 General............................ ------------------------------------------------------------------------ [[Page H10898]] TITLE VII--RELATED AGENCIES The agreement provides $1,070,000,000 in Title VII, Related Agencies, as follows: [[Page H10899]] [GRAPHIC] [TIFF OMITTED] TH161219.544 [[Page H10900]] CLASSIFIED ANNEX Adjustments to classified programs are addressed in a separate, detailed, and comprehensive classified annex. The Intelligence Community, the Department of Defense, and other organizations are expected to fully comply with the recommendations and directions in the classified annex accompanying the Department of Defense Appropriations Act, 2020. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND The agreement provides $514,000,000 for the Central Intelligence Agency Retirement and Disability Fund. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT The agreement provides $556,000,000, a decrease of $2,000,000 below the budget request, for the Intelligence Community Management Account. TITLE VIII--GENERAL PROVISIONS The agreement incorporates general provisions which were not amended. Those general provisions that were addressed in the agreement are as follows: (TRANSFER OF FUNDS) The agreement includes a provision which provides general transfer authority not to exceed $4,000,000,000. The House bill contained a similar provision. The agreement retains a provision proposed by the House which identifies tables as Explanation of Project Level Adjustments. The agreement includes a provision which provides for the establishment of a baseline for application of reprogramming and transfer authorities for the current fiscal year. The House bill contained a similar provision. The agreement retains a provision proposed by the House regarding management of civilian personnel of the Department of Defense. The agreement retains a provision proposed by the House regarding limitations on the use of funds to purchase anchor and mooring chains. The agreement includes a provision which restricts the use of funds to reduce or prepare to reduce the number of deployed and non-deployed strategic delivery vehicles and launchers. The House bill contained no similar provision. The agreement retains a provision proposed by the House regarding incentive payments authorized by the Indian Financing Act of 1974. The agreement includes a provision which provides funding for the Civil Air Patrol Corporation. The House bill contained a similar provision. The agreement modifies a provision proposed by the House which prohibits funding from being used to establish new Department of Defense Federally Funded Research and Development Centers with certain limitations. The agreement retains a provision proposed by the House which prohibits the use of funds to disestablish, close, downgrade from host to extension center, or place a Senior Reserve Officers' Training Corps program on probation. The agreement includes a provision which allows for expenses related to the acquisition of vehicles for use by the POW/MIA Accounting Agency. The House bill contained no similar provision. The agreement includes a provision proposed by the House which provides funds for the Asia-Pacific Regional Initiative Program for the purpose of enabling the Pacific Command to execute Theater Security Cooperation activities. The agreement retains a provision proposed by the House regarding mitigation of environmental impacts on Indian lands resulting from Department of Defense activities. (RESCISSIONS) The agreement modifies a provision proposed by the House recommending rescissions and provides for the rescission of $4,090,652,000. The rescissions agreed to are: ------------------------------------------------------------------------ ------------------------------------------------------------------------ 2012 Appropriations: Shipbuilding and Conversion, Navy: DDG-51 Destroyer................................ $44,500,000 2013 Appropriations: Shipbuilding and Conversion, Navy: LCAC SLEP....................................... 2,000,000 2018 Appropriations: Aircraft Procurement, Army: Utility f/w aircraft............................ 44,000,000 Missile Procurement, Army: Indirect fire protection capability............. 5,182,000 Weapons and Tracked Combat Vehicles, Army: Paladin integrated management................... 97,000,000 Other Procurement, Army: Tractor Yard.................................... 5,685,000 Aircraft Procurement, Navy: F/A-18 E/F...................................... 46,000,000 C-40............................................ 68,781,000 Other Procurement, Navy: LCS class support equipment..................... 9,868,000 LPD class support equipment..................... 9,110,000 AN/SLQ-32 block 3 installation funding.......... 4,548,000 Procurement, Marine Corps: AAV7A1 PIP...................................... 9,046,000 Aircraft Procurement, Air Force: KC-46A tanker................................... 76,000,000 HC-130J......................................... 6,522,000 MQ-9............................................ 20,400,000 A-10............................................ 5,900,000 KC-46 modifications............................. 1,200,000 C-130J modifications............................ 30,953,000 RQ-4 post production charges ICS................ 20,000,000 Missile Procurement, Air Force: Missile replacement equipment--ballistic........ 39,173,000 Small diameter bomb............................. 36,800,000 Other Procurement, Air Force: AFNET (ARAD).................................... 26,000,000 2019 Appropriations: Operation and Maintenance, Defense-Wide: DSCA security cooperation....................... 21,314,000 Aircraft Procurement, Army: Apache new build................................ 58,600,000 Missile Procurement, Army: Indirect fire protection capability............. 24,498,000 Javelin (AAWS--M) system summary................ 20,000,000 MLRS modifications.............................. 23,300,000 Weapons and Tracked Combat Vehicles, Army: Armored multi-purpose vehicle................... 37,106,000 Bradley modifications........................... 178,840,000 Other Procurement, Army: Embedded crypto mod............................. 3,520,000 Joint light tactical vehicle--TADSS............. 17,258,000 Joint effects targeting system.................. 60,900,000 Army command post integrated infrastructure..... 2,284,000 Global combat support system-Army............... 6,841,000 Contract writing system......................... 5,927,000 Area mine detection system...................... 5,797,000 Tractor Yard.................................... 4,956,000 Aircraft Procurement, Navy: Joint Strike Fighter STOVL AP................... 114,246,000 CH-53K (Heavy Lift) AP.......................... 53,693,000 F-18 series..................................... 71,300,000 H-1 series...................................... 9,250,000 T-45 series..................................... 10,520,000 V-22 (tilt/rotor aircraft) Osprey............... 19,000,000 Joint Strike Fighter CV......................... 12,481,000 Joint Strike Fighter STOVL...................... 16,610,000 Procurement of Ammunition, Navy and Marine Corps: Direct support munitions--5''/54 ammunition..... 22,000,000 Shipbuilding and Conversion, Navy: DDG-51 AP for removal of fiscal year 2022 3rd 51,000,000 ship........................................... LPD-17 AP....................................... 102,900,000 Other Procurement, Navy: AN/SLQ-32 block 3 installation funding.......... 13,470,000 Unmanned carrier aviation mission control 11,300,000 station........................................ Procurement, Marine Corps: AAV7A1 PIP...................................... 74,756,000 Aircraft Procurement, Air Force: F-35............................................ 21,532,000 KC-46A tanker................................... 52,000,000 C-130J.......................................... 1,008,000 MC-130J......................................... 38,951,000 Combat rescue helicopter........................ 26,400,000 KC-46 modifications............................. 8,500,000 Initial spares--KC-135.......................... 2,200,000 C-17............................................ 42,000,000 F-15--APG82(V)1................................. 19,300,000 F-15C EPAWSS.................................... 67,200,000 F-16 modifications--AIFF mode 5................. 36,000,000 A-10............................................ 4,800,000 E-3 modifications............................... 14,553,000 E-8 modifications............................... 19,807,000 HC/MC-130 modifications--block 8.1.............. 17,370,000 Other production charges--F-22 depot activation. 30,000,000 MQ-9 spares..................................... 69,900,000 B-52 modifications.............................. 31,600,000 MC-130J AP...................................... 56,000,000 Other aircraft--BACN............................ 15,000,000 Aerial targets.................................. 48,000,000 Other aircraft--EW pod.......................... 25,900,000 Initial spares/repair parts--F-15 EPAWSS........ 4,034,000 Initial spares/repair parts--KC-46A............. 61,400,000 Missile Procurement, Air Force: Missile replacement equipment--ballistic........ 13,927,000 MMIII modifications............................. 26,052,000 Space Procurement, Air Force: Integrated broadcast service.................... 4,000,000 Evolved expendable launch vehicle (SPACE)....... 85,100,000 Evolved expendable launch capability............ 75,200,000 Procurement of Ammunition, Air Force: Massive ordnance penetrator..................... 3,400,000 General purpose bombs--BLU-137.................. 71,800,000 JDAM............................................ 149,000,000 B61-12 TKA...................................... 11,900,000 Procurement, Defense-Wide: GMD............................................. 197,000,000 GMD AP.......................................... 115,000,000 STC/NGTC........................................ 25,000,000 Research, Development, Test and Evaluation, Army: Assured PNT..................................... 17,998,000 Infantry support weapons--S62 counter-defilade 1,998,000 target engagement.............................. Night vision systems--eng dev--joint effects 1,150,000 targeting systems.............................. Firefinder--hypervelocity armament system....... 1,571,000 Soldier systems--warrior dem/val................ 3,000,000 Suite of survivability enhancement systems--EMD. 5,914,000 Missile warning system modernization............ 6,776,000 Emerging technology initiatives................. 7,100,000 AMF joint tactical radio system................. 15,964,000 Assessment and evaluations cyber vulnerabilities 13,400,000 Apache product improvement program.............. 4,700,000 Improved turbine engine program................. 3,000,000 Unmanned aircraft system universal products..... 9,595,000 [[Page H10901]] Combat vehicle improvement programs--M113 7,915,000 improvements................................... Combat vehicle improvement programs--Bradley.... 25,000,000 Other missile product improvement programs...... 4,450,000 Information systems security program............ COMSEC equipment............................ 20,745,000 Research, Development, Test and Evaluation, Navy: Advanced tactical unmanned aircraft system...... 4,809,000 V-22A........................................... 28,651,000 Next generation jammer.......................... 81,000,000 Information technology development.............. 6,300,000 Harpoon modifications........................... 5,197,000 Classified program.............................. 105,000,000 Research, Development, Test and Evaluation, Air Force: KC-135.......................................... 2,600,000 MQ-9............................................ 49,800,000 ARM/ORD......................................... 10,000,000 Classified programs............................. 56,500,000 Hard and deeply buried target defeat system..... 4,800,000 B-1B squadrons.................................. 15,000,000 Airborne warning and control system............. 11,600,000 Airborne reconnaissance systems................. 26,000,000 RQ-4 UAV........................................ 9,650,000 C-130J program.................................. 2,700,000 Space rapid capabilities office................. 74,400,000 Research, Development, Test and Evaluation, Defense- Wide: Improved homeland defense interceptors.......... 267,000,000 Defense Health Program, Research, Development, Test and Evaluation: JOMIS carryover................................. 26,200,000 ------------------------------------------------------------------------ The agreement includes a provision which prohibits funds from being obligated or expended for assistance to the Democratic People's Republic of Korea with certain exceptions. The House bill contained a similar provision. The agreement includes a provision which prohibits the transfer of Department of Defense or Central Intelligence Agency drug interdiction and counter-drug activity funds to other agencies, with certain exceptions. The House included a similar provision. The agreement retains a provision proposed by the House restricting procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin. The agreement includes a provision which makes funds available to maintain competitive rates at the arsenals. The House bill contained no similar provision. The agreement retains a provision proposed by the House which provides funding to the United Service Organizations and the Red Cross. The agreement includes a provision regarding expired obligations and unexpended balances. The House bill contained a similar provision. (TRANSFER OF FUNDS) The agreement retains a provision proposed by the House which provides funding to the Sexual Assault Special Victim's Counsel Program. The agreement includes a provision which restricts certain funds used to procure end-items. The House bill contained a similar provision. The agreement retains a provision proposed by the House which restricts certain funds for any new start advanced concept technology demonstration project or joint capability demonstration project. The agreement includes a provision regarding the National Intelligence Program budget. The House bill contained a similar provision. The agreement modifies a provision proposed by the House which provides a grant to the Fisher House Foundation, Inc. (TRANSFER OF FUNDS) The agreement includes a provision which directs that up to $1,000,000 from Operation and Maintenance, Navy shall be available for transfer to the John C. Stennis Center for Public Service Development Trust Fund. The House bill contained no similar provision. The agreement includes a provision which directs Shipbuilding and Conversion, Navy funding for cost to complete efforts. The House bill contained a similar provision. The agreement includes a provision which prohibits funding from being used to initiate a new start program without prior written notification. The House bill contained a similar provision. The agreement includes a provision regarding contingency budget operations. The House bill contained a similar provision. The agreement modifies a provision proposed by the House for the rapid acquisition and deployment of supplies and associated support services. The agreement retains a provision proposed by the House which restricts the transfer of funds for support to friendly foreign countries in connection with the conduct of operations in which the United States is not participating. The agreement retains a provision proposed by the House which limits the reprogramming of funds from the Defense Acquisition Workforce Development Fund. The agreement includes a provision relating to the Joint Department of Defense--Department of Veterans Affairs Medical Facility Demonstration Fund. The House bill contained a similar provision. (TRANSFER OF FUNDS) The agreement includes a provision which provides the Director of National Intelligence with general transfer authority with certain limitations. The House bill contained a similar provision. The agreement includes a provision which prohibits funds to transfer any individual detained at Guantanamo Bay, Cuba to a country of origin or other foreign country or entity unless the Secretary of Defense makes certain certifications. The House bill contained a similar provision. The agreement includes a provision which limits funding to Rosoboronexport. The House bill contained a similar provision. The agreement retains a provision proposed by the House which prohibits funds from being used for the purchase or manufacture of a United States flag unless such flags are treated as covered items under section 2533a(b) of title 10, U.S.C. The agreement includes a provision which prohibits funds to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any Guantanamo Bay detainee, with certain exceptions. The House bill contained no similar provision. The agreement modifies a provision proposed by the House which provides for ex gratia payments incidental to combat operations. The agreement retains a provision proposed by the House which requires the Secretary of Defense to post grant awards on a public website in a searchable format. The agreement retains a provision proposed by the House which provides funding for the National Defense Reserve Fleet. The agreement retains a provision proposed by the House which prohibits introducing armed forces into Iraq in contravention of the War Powers Act. The agreement includes a provision which requires the Secretary to submit reports regarding the National Instant Criminal Background Check System. The House bill contained no similar provision. The agreement modifies a provision proposed by the House which limits the use of funds for the T-AO(X) and FFG(X) Frigate programs. The agreement includes a provision which prohibits funds from the Defense Acquisition Workforce Development Fund to be transferred to the Rapid Prototyping Fund or credited to a military-department specific fund. The House bill contained a similar provision. The agreement retains a provision proposed by the House which prohibits the use of funds for gaming or entertainment that involves nude entertainers. The agreement includes a provision which makes funding available for a project in a country designated by the Secretary. The House bill contained no similar provision. The agreement modifies a provision proposed by the House which prohibits funding to deliver F-35 aircraft to Turkey, except in accordance with the National Defense Authorization Act for Fiscal Year 2020. The agreement includes a provision which places certain limitations on the transfer of funds for the Global Engagement Center. The House bill contained a similar provision. The agreement retains a provision proposed by the House which makes funds available through the Office of Economic Adjustment for transfer to the Secretary of Education, to make grants to construct, renovate, repair, or expand elementary and secondary public schools on military installations. The agreement includes a provision which prohibits the use of funds to carry out the closure or realignment of Guantanamo Bay, Cuba. The House bill contained no similar provision. The agreement retains a provision proposed by the House which limits certain types of assisted reproductive services. The agreement retains a provision proposed by the House which prohibits the use of funds to provide arms, training, or other assistance to the Azov Battalion. The agreement modifies a provision proposed by the House which allows funding for research, development and evaluation for the modification of certain Joint Strike Fighter aircraft. The agreement retains a provision proposed by the House which allows death gratuity payments as authorized in subchapter II of chapter 75 of title 10, United States Code. The agreement retains a provision proposed by the House which prohibits funding in contravention of Executive Order 13175 or section 1501.2(d)(2) of title 40, Code of Federal Regulations. The agreement modifies a provision proposed by the House which prohibits funds from being used to transfer the National Reconnaissance Office to the Space Force. The agreement modifies a provision proposed by the House which requires the Department of Defense to submit reports required by section 596 of the National Defense Authorization Act for Fiscal Year 2020. The agreement includes a new provision which reduces funding due to favorable foreign exchange rates. TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM The agreement provides $70,665,000,000 in Title IX, Overseas Contingency Operations/Global War on Terrorism. MILITARY PERSONNEL The agreement provides $4,485,808,000 for Military Personnel, as follows: [[Page H10902]] [GRAPHIC] [TIFF OMITTED] TH161219.545 [[Page H10903]] [GRAPHIC] [TIFF OMITTED] TH161219.546 [[Page H10904]] [GRAPHIC] [TIFF OMITTED] TH161219.547 [[Page H10905]] [GRAPHIC] [TIFF OMITTED] TH161219.548 [[Page H10906]] [GRAPHIC] [TIFF OMITTED] TH161219.549 [[Page H10907]] OPERATION AND MAINTENANCE The agreement provides $53,891,051,000 for Operation and Maintenance, as follows: [[Page H10908]] [GRAPHIC] [TIFF OMITTED] TH161219.550 [[Page H10909]] [GRAPHIC] [TIFF OMITTED] TH161219.551 [[Page H10910]] [GRAPHIC] [TIFF OMITTED] TH161219.552 [[Page H10911]] [GRAPHIC] [TIFF OMITTED] TH161219.553 [[Page H10912]] [GRAPHIC] [TIFF OMITTED] TH161219.554 [[Page H10913]] [GRAPHIC] [TIFF OMITTED] TH161219.555 [[Page H10914]] [GRAPHIC] [TIFF OMITTED] TH161219.556 [[Page H10915]] [GRAPHIC] [TIFF OMITTED] TH161219.557 [[Page H10916]] [GRAPHIC] [TIFF OMITTED] TH161219.558 [[Page H10917]] [GRAPHIC] [TIFF OMITTED] TH161219.559 [[Page H10918]] AIR FORCE FLYING HOUR FUNDING EXECUTION FOR OVERSEAS CONTINGENCY OPERATIONS The review of the fiscal year 2020 budget request uncovered some disturbing data points that have called the budget formulation process for flying hours in the overseas contingency operations (OCO) request into question. Budget execution data revealed that the Air Force moved approximately $594,000,000 in fiscal year 2018 and $695,000,000 in fiscal year 2019 from OCO flying hours to other OCO expenses. It is acknowledged that budgetary requirements change, perhaps even more so with the dynamic nature of overseas contingency operations. Accordingly, the House and Senate Appropriations Committees provide flexibility for these emerging requirements by providing procedures on how the Services are able to make budgetary realignments. However, the Air Force has chosen to apply these procedures differently than intended. This means that over $1,289,000,000 of OCO funding has been spent by the Air Force over the past two fiscal years on unbudgeted expenses. Frustratingly, it was only after the fact that the congressional defense committees found out what was purchased with the asset provided from the flying hour account. The fact that the Air Force has moved roughly 25 percent from the OCO flying hour funding request for each of the past two years indicates more of a fundamental issue with the initial request as opposed to an anomaly. Therefore, the agreement includes a new reduction to the Air Force OCO flying hours funding request to more closely align with historical execution. COUNTER-ISIS TRAIN AND EQUIP FUND The agreement continues support under this heading for the Iraqi Security Forces, Kurdish Peshmerga, and the Syrian Democratic Forces to participate in activities to counter ISIS and their associated groups. The agreement does not include funding for Iraqi security forces that are not engaged in such activities and continues the requirement that the Secretary of Defense ensure elements are appropriately vetted and receiving commitments from them to promote respect for human rights and the rule of law. The Secretary of Defense has not fully complied with the quarterly reporting requirements under this heading in the Department of Defense Appropriations Act, 2019 (division A of Public Law 115--245) and is directed to submit all overdue reports not later than 45 days after the enactment of this Act. JORDAN The agreement includes funding at levels consistent with prior years for Jordan. PROCUREMENT The agreement provides $11,793,461,000 for Procurement, as follows: [[Page H10919]] [GRAPHIC] [TIFF OMITTED] TH161219.560 [[Page H10920]] [GRAPHIC] [TIFF OMITTED] TH161219.561 [[Page H10921]] [GRAPHIC] [TIFF OMITTED] TH161219.562 [[Page H10922]] [GRAPHIC] [TIFF OMITTED] TH161219.563 [[Page H10923]] [GRAPHIC] [TIFF OMITTED] TH161219.564 [[Page H10924]] [GRAPHIC] [TIFF OMITTED] TH161219.565 [[Page H10925]] [GRAPHIC] [TIFF OMITTED] TH161219.566 [[Page H10926]] [GRAPHIC] [TIFF OMITTED] TH161219.567 [[Page H10927]] [GRAPHIC] [TIFF OMITTED] TH161219.568 [[Page H10928]] [GRAPHIC] [TIFF OMITTED] TH161219.569 [[Page H10929]] [GRAPHIC] [TIFF OMITTED] TH161219.570 [[Page H10930]] [GRAPHIC] [TIFF OMITTED] TH161219.571 [[Page H10931]] [GRAPHIC] [TIFF OMITTED] TH161219.572 [[Page H10932]] [GRAPHIC] [TIFF OMITTED] TH161219.573 [[Page H10933]] [GRAPHIC] [TIFF OMITTED] TH161219.574 [[Page H10934]] [GRAPHIC] [TIFF OMITTED] TH161219.575 [[Page H10935]] [GRAPHIC] [TIFF OMITTED] TH161219.576 [[Page H10936]] [GRAPHIC] [TIFF OMITTED] TH161219.577 [[Page H10937]] [GRAPHIC] [TIFF OMITTED] TH161219.578 [[Page H10938]] NATIONAL GUARD AND RESERVE EQUIPMENT The agreement provides $1,300,000,000 for National Guard and Reserve Equipment. Of that amount $395,000,000 is designated for the Army National Guard; $395,000,000 for the Air National Guard; $205,000,000 for the Army Reserve; $75,000,000 for the Navy Reserve; $25,000,000 for the Marine Corps Reserve; and $205,000,000 for the Air Force Reserve. This funding will allow the reserve components to procure high priority equipment that may be used for combat and domestic response missions. Current reserve component equipping levels are among the highest in recent history, and the funding provided by the agreement will help ensure component interoperability and sustained reserve component modernization. The Secretary of Defense is directed to ensure that the account is executed by the Chiefs of the National Guard and reserve components with priority consideration given to the following items: acoustic hailing devices; cold weather and mountaineering gear and equipment, including small unit support vehicles; counter-UAS systems; crashworthy, ballistically tolerant auxiliary fuel systems; detect and avoid systems for MQ-9 aircraft; MQ-9 deployable launch and recovery element mission support kits; modular small arms range simulators; radiological screening portals; solar mobile power systems; and training systems and simulators. RESEARCH, DEVELOPMENT, TEST AND EVALUATION The agreement provides $834,222,000 for Research, Development, Test and Evaluation, as follows: [[Page H10939]] [GRAPHIC] [TIFF OMITTED] TH161219.579 [[Page H10940]] [GRAPHIC] [TIFF OMITTED] TH161219.580 [[Page H10941]] [GRAPHIC] [TIFF OMITTED] TH161219.581 [[Page H10942]] REVOLVING AND MANAGEMENT FUNDS The agreement provides $20,100,000 for Defense Working Capital Funds. OTHER DEPARTMENT OF DEFENSE PROGRAMS DEFENSE HEALTH PROGRAM The agreement provides $347,746,000 for the Defense Health Program, as follows: EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars] ------------------------------------------------------------------------ Budget Request Final Bill ------------------------------------------------------------------------ IN-HOUSE CARE........................... 57,459 57,459 PRIVATE SECTOR CARE..................... 287,487 287,487 CONSOLIDATED HEALTH SUPPORT............. 2,800 2,800 ------------------------------- Total, Operation and Maintenance.... 347,746 347,746 ------------------------------------------------------------------------ DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE The agreement provides $153,100,000 for Drug Interdiction and Counter-drug Activities, Defense. OFFICE OF THE INSPECTOR GENERAL The agreement provides $24,254,000 for the Office of the Inspector General. GENERAL PROVISIONS--THIS TITLE The agreement for title IX incorporates general provisions which were not amended. Those general provisions that were addressed in the agreement are as follows: (TRANSFER OF FUNDS) The agreement includes a provision which provides for special transfer authority within title IX. The House bill contained a similar provision. The agreement retains a provision proposed by the House which provides security assistance to the Government of Jordan. The agreement retains a provision proposed by the House which prohibits the use of the Counter-ISIS Train and Equip Fund to procure or transfer man-portable air defense systems. The agreement modifies a provision proposed by the House which provides assistance and sustainment to the military and national security forces of Ukraine. The agreement retains a provision proposed by the House which prohibits the use of assistance and sustainment to the military and national security forces of Ukraine to procure or transfer man-portable air defense systems. The agreement retains a provision proposed by the House which restricts funds provided in Operation and Maintenance, Defense-Wide for payments under Coalition Support Fund for reimbursement to the Government of Pakistan until certain conditions are met. (TRANSFER OF FUNDS) The agreement modifies a provision proposed by the House which provides funds to the Department of Defense to improve intelligence, surveillance, and reconnaissance capabilities. The agreement retains a provision proposed by the House which prohibits introducing armed forces into Syria in contravention of the War Powers Act. The agreement includes a provision which requires the Secretary of Defense to certify the use of funds in the Afghanistan Security Forces Fund under certain conditions. The House bill contained a similar provision. The agreement modifies a provision proposed by the House which prohibits funds for the Taliban, with certain exceptions. (RESCISSIONS) The agreement modifies a provision proposed by the House recommending rescissions and provides for the rescission of $1,134,742,000. The rescissions agreed to are: ------------------------------------------------------------------------ ------------------------------------------------------------------------ 2018 Appropriations: Weapons and Tracked Combat Vehicles, Army: Bradley program modifications................... $30,000,000 Aircraft Procurement, Air Force: MQ-9............................................ 17,600,000 HC/MC-130 modifications--MC ABMN................ 14,700,000 2019 Appropriations: Operation and Maintenance, Defense-Wide: DSCA security cooperation....................... 55,000,000 Coalition Support Fund.......................... 30,000,000 Afghanistan Security Forces Fund: Afghanistan Security Forces Fund................ 396,000,000 Counter-ISIS Train and Equip Fund: Counter-ISIS Train and Equip Fund............... 450,000,000 Missile Procurement, Army: Hellfire........................................ 13,176,000 Weapons and Tracked Combat Vehicles, Army: Bradley program modifications................... 50,000,000 Common remotely operated weapons station........ 2,477,000 Other Procurement, Army: Information systems............................. 8,750,000 Procurement of Ammunition, Navy and Marine Corps: JT direct attack munition....................... 16,574,000 Aircraft Procurement, Air Force: Large aircraft infrared countermeasures......... 24,713,000 Missile Procurement, Air Force: Hellfire........................................ 25,752,000 ------------------------------------------------------------------------ The agreement retains a provision proposed by the House which provides that nothing in the Act may be construed as authorizing the use of force against Iran. TITLE X--NATURAL DISASTER RELIEF GENERAL PROVISION--THIS TITLE The agreement includes a new provision which restricts funding in this title to be used only for specific purposes. [[Page H10943]] [GRAPHIC] [TIFF OMITTED] TH161219.582 [[Page H10944]] [GRAPHIC] [TIFF OMITTED] TH161219.583 [[Page H10945]] [GRAPHIC] [TIFF OMITTED] TH161219.584 [[Page H10946]] [GRAPHIC] [TIFF OMITTED] TH161219.585 [[Page H10947]] [GRAPHIC] [TIFF OMITTED] TH161219.586 [[Page H10948]] [GRAPHIC] [TIFF OMITTED] TH161219.587 [[Page H10949]] [GRAPHIC] [TIFF OMITTED] TH161219.588 [[Page H10950]] [GRAPHIC] [TIFF OMITTED] TH161219.589 [[Page H10951]] [GRAPHIC] [TIFF OMITTED] TH161219.590 [[Page H10952]] [GRAPHIC] [TIFF OMITTED] TH161219.591 [[Page H10953]] [GRAPHIC] [TIFF OMITTED] TH161219.592 [[Page H10954]] [GRAPHIC] [TIFF OMITTED] TH161219.593 [[Page H10955]] [GRAPHIC] [TIFF OMITTED] TH161219.594 [[Page H10956]] [GRAPHIC] [TIFF OMITTED] TH161219.595 [[Page H10957]] [GRAPHIC] [TIFF OMITTED] TH161219.596 [[Page H10958]] [GRAPHIC] [TIFF OMITTED] TH161219.597 [[Page H10959]] [GRAPHIC] [TIFF OMITTED] TH161219.598 [[Page H10960]] [GRAPHIC] [TIFF OMITTED] TH161219.599 [[Page H10961]] DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 Report language included in House Report 116-101 (``the House report'') or Senate Report 116-127 (``the Senate report'') that is not changed by this explanatory statement or the Act is approved. The explanatory statement, while repeating some language for emphasis, is not intended to negate the language referred to above unless expressly provided herein. In cases where both the House report and the Senate report address a particular issue not specifically addressed in the explanatory statement, the House report and the Senate report should be read as consistent and are to be interpreted accordingly. In cases where the House report or the Senate report directs the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations (``the Committees''). Each department and agency funded in this Act shall follow the directions set forth in this Act and the accompanying explanatory statement, and shall not reallocate resources or reorganize activities except as provided herein. Reprogramming procedures shall apply to: funds provided in this Act; unobligated balances from previous appropriations Acts that are available for obligation or expenditure in fiscal year 2020; and non-appropriated resources such as fee collections that are used to meet program requirements in fiscal year 2020. These procedures are specified in section 505 of this Act. Any reprogramming request shall include any out-year budgetary impacts and a separate accounting of program or mission impacts on estimated carryover funds. Any program, project, or activity cited in this explanatory statement, or in the House report or the Senate report and not changed by this Act, shall be construed as the position of the Congress and shall not be subject to reductions or reprogramming without prior approval of the Committees. Further, any department or agency funded in this Act that plans a reduction-in-force shall notify the Committees by letter no later than 30 days in advance of the date of any such planned personnel action. When a department or agency submits a reprogramming or transfer request to the Committees and does not receive identical responses, it shall be the responsibility of the department or agency seeking the reprogramming to reconcile the differences between the two bodies before proceeding. If reconciliation is not possible, the items in disagreement in the reprogramming or transfer request shall be considered unapproved. Departments and agencies shall not submit reprogramming notifications after July 1, 2020, except in extraordinary circumstances. Any such notification shall include a description of the extraordinary circumstances. In compliance with section 528 of this Act, each department and agency funded in this Act shall submit spending plans, signed by the respective department or agency head, for the Committees' review not later than 45 days after enactment of this Act. TITLE I DEPARTMENT OF COMMERCE International Trade Administration OPERATIONS AND ADMINISTRATION The agreement includes $521,250,000 in total resources for the International Trade Administration (ITA). This amount is offset by $11,000,000 in estimated fee collections, resulting in a direct appropriation of $510,250,000. The agreement provides no less than $333,000,000 for Global Markets and includes $500,000 for the rural export assistance activities referenced in the Senate report. The agreement does not assume House levels for Industry and Analysis, Enforcement and Compliance, and Executive Direction and Administration. However, ITA is directed to take steps to fill important vacancies across the agency in support of trade promotion, facilitation, and enforcement, as well as additional staff to support the Committee on Foreign Investment in the United States and the new Anti- Circumvention and Evasion Unit. Quarterly Updates.--The agreement adopts both House and Senate report language on quarterly briefs updating the Committees on ongoing enforcement work as well as prior quarter expenditures and obligation plans, including current staffing levels, due not later than 30 days after the end of each quarter. SelectUSA.--Senate report language on Foreign Business Investment in the United States is not adopted. The agreement stipulates that up to $10,000,000 is provided for SelectUSA, provided that ITA includes a detailed accounting of this spending, by object class, as part of its fiscal year 2020 spending plan. Office of Inspector General Management Alert.--ITA is directed to address the issues raised by the Department of Commerce Office of Inspector General in its memorandum dated November 7, 2019 (OIG-20-005-M), in particular the issue of securing sensitive information. Bureau of Industry and Security OPERATIONS AND ADMINISTRATION The agreement includes $127,652,000 for the Bureau of Industry and Security (BIS) and does not adopt House report language regarding the division of funds between Export Administration, Export Enforcement, and Management and Policy Coordination. Economic Development Administration The agreement includes $333,000,000 for the programs and administrative expenses of the Economic Development Administration (EDA). Section 521 of this Act includes a rescission of $17,000,000 in Economic Development Assistance Programs balances. Such funds shall be derived from recoveries and unobligated grant funds that were not appropriated with emergency or disaster relief designations. ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS The agreement includes $292,500,000 for Economic Development Assistance Programs. House language on coal-fired plants is modified to encourage EDA to consider projects to repurpose abandoned coal-fired plants. The agreement modifies House language on climate change resiliency to direct EDA to encourage applicants to submit proposals that are resilient to climate change or incorporate green infrastructure solutions. Funds are to be distributed as follows; any deviation of funds shall be subject to the procedures set forth in section 505 of this Act: ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS [in thousands of dollars] ------------------------------------------------------------------------ Amount ------------------------------------------------------------------------ Public Works............................................ $118,500 Partnership Planning.................................... 33,000 Technical Assistance.................................... 9,500 Research and Evaluation................................. 1,500 Trade Adjustment Assistance............................. 13,000 Economic Adjustment Assistance.......................... 37,000 Assistance to Coal Communities.......................... 30,000 Assistance to Nuclear Closure Communities............... 15,000 STEM Apprenticeships.................................... 2,000 Regional Innovation Program Grants...................... 33,000 --------------- Total............................................... $292,500 ------------------------------------------------------------------------ EDA Programs and Impoverished Communities.--In lieu of House report language regarding EDA scoring of competitive grant applications, the agreement directs EDA to expand outreach and technical guidance to prospective grantees with the goal of ensuring increased quality and quantity of applications for assistance aimed at benefitting residents of persistent poverty counties or high-poverty areas, as defined in the House language. The agreement further modifies this language to direct the Government Accountability Office (GAO), in coordination with EDA, to provide a report to the Committees on the percentage of funds allocated by each program in fiscal years 2017, 2018, and 2019, and estimates for fiscal year 2020, to serve populations living in persistent poverty counties and high-poverty areas. Such report shall be delivered no later than 180 days after enactment of this Act. SALARIES AND EXPENSES The agreement includes $40,500,000 for EDA salaries and expenses. Minority Business Development Agency MINORITY BUSINESS DEVELOPMENT The agreement includes $42,000,000 for the Minority Business Development Agency (MBDA), an increase of $2,000,000 above the fiscal year 2019 level. The agreement directs MBDA to allocate $26,500,000 of its total appropriation toward cooperative agreements, external awards, and grants, including not less than $14,000,000 to continue MBDA's traditional Business Center program and Specialty Project Center program. The agreement provides $7,000,000 for the Broad Agency Announcements (BAA) program. Senate language on BAAs is not adopted. However, the Committees are concerned about the scope of the 2019 BAA topic areas and direct MBDA to submit a spend plan, which includes the topic areas for fiscal year 2020, to the Committees for these funds 30 days prior to soliciting applications for the fiscal year 2020 awards. Economic and Statistical Analysis SALARIES AND EXPENSES The agreement includes $107,990,000 for Economic and Statistical Analysis. The agreement assumes full funding for the Bureau of Economic Analysis' (BEA) efforts to produce annual Gross Domestic Product (GDP) statistics for Puerto Rico, as requested, and includes no less than $1,500,000 for the Outdoor Recreation Satellite Account. Income Growth Indicators.--The agreement provides $1,000,000 to develop income growth indicators and further directs BEA to report the latest available estimates of these measures in calendar year 2020, as described in the Senate report. Bureau of the Census The agreement includes $7,558,319,000 for the Bureau of the Census (``the Bureau''). Puerto Rico and U.S. Territories.--In lieu of House report language regarding Puerto Rico and the U.S. territories, the Committees direct the Bureau to develop an implementation plan to include all residents of the United States, including those in Puerto Rico and the U.S. territories, in the total resident and total population size totals, while maintaining integrity of data sets. Such plan shall be delivered to the Committees no later than 120 days after the date of enactment of this Act. [[Page H10962]] In lieu of House report language regarding the Bureau's anticipated report on the feasibility of including Puerto Rico in additional surveys and Bureau of Justice Statistics data products, submitted to the Committees on November 26, 2019, the agreement directs the Bureau to provide a supplement to this report, not later than 90 days after enactment of this Act, containing an overall cost estimate and implementation plan for Puerto Rico's inclusion in these surveys and products. The Bureau is further directed to work with the communities and stakeholders in Puerto Rico, while conducting the Puerto Rico Community Survey, to better understand Puerto Rico's data needs. CURRENT SURVEYS AND PROGRAMS The bill provides $274,000,000 for the Current Surveys and Programs account of the Bureau of the Census, to include funds to continue the level of effort for the Survey of Income and Program Participation, as described in the House report. The agreement does not adopt House report language on the division of funds within the appropriation. PERIODIC CENSUSES AND PROGRAMS (INCLUDING TRANSFER OF FUNDS) The bill provides $7,284,319,000 for the Periodic Censuses and Programs account of the Bureau of the Census. The agreement does not adopt the House report language on the division of these funds at the Program, Project, and Activity (PPA) level. 2020 Decennial Census.--In July 2019, the Census Bureau provided an update to the Committees on its 2020 Census Life Cycle Cost Estimate. While the total estimates for the overall Decennial costs remain unchanged, the Census Bureau assumes efficiencies in the program allow for a greater contingency reserve to support potential risks. The agreement provides $6,696,000,000 for the Decennial Census and does not adopt House recommended levels for the key operational frames, as described in the House report. The agreement includes $669,000,000 dedicated towards Secretarial contingency needs that may arise during the Census operation such as major disasters or other unforeseen risks realized, and $263,000,000 in additional sensitivity risks to support additional pay increases and any reduction in self-response rates beyond the current projections of the Census Bureau. The agreement clarifies a previous requirement regarding the notification to the Committees on the obligation of funds within the Bureau's contingency reserve and directs the Census Bureau to report to the Committees no later than 15 days after any obligation of such funds. Such report shall include a description of the work funded from this reserve during the fiscal year. The agreement also supports no less than the level of effort for outreach and communications that was utilized in preparation for the 2010 Decennial Census, adjusted for inflation. Mobile Questionnaire Assistance Centers.--Within funds provided, the agreement directs the Census Bureau to support this new initiative aimed at increasing response in historically undercounted and hard to count communities. As part of the report on outreach activities in hard to count communities as directed by the House, the Census Bureau shall include details on how the Mobile Questionnaire Assistance Centers will be utilized as a part of these efforts. Quarterly Briefing.--The agreement continues the requirement for quarterly updates from the Census Bureau to ensure the Committees are regularly apprised of the status of the 2020 Decennial operations, Census systems readiness, Census Enterprise Data Collection and Processing, implementation of GAO recommendations, and the American Community Survey. As part of these briefings, the Census Bureau should also include updates on actions it is taking, along with the Department of Homeland Security, to secure the online platform and personal data, as described in the House report, as well as work the agency has done to mitigate risks identified by GAO, as referenced in the Senate report. National Telecommunications and Information Administration SALARIES AND EXPENSES The agreement includes $40,441,000 for the salaries and expenses of the National Telecommunications and Information Administration (NTIA). The allocation of funding provided in the table in the House report is not adopted, nor is the House language regarding Public Safety Communications. Accurate Broadband Mapping.--In lieu of section 542 of the House bill, the agreement directs NTIA to report to the Committees, not later than 90 days after enactment of this Act, regarding NTIA's current and planned efforts to improve the accuracy of measurements of broadband coverage in communities, including the sources of data used to help generate broadband coverage maps. United States Patent and Trademark Office SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) The agreement includes language making available to the United States Patent and Trademark Office (USPTO) $3,450,681,000, the full amount of offsetting fee collections estimated for fiscal year 2020 by the Congressional Budget Office. The agreement transfers $2,000,000 to the Office of Inspector General to continue oversight and audits of USPTO operations and budget transparency. National Institute of Standards and Technology The agreement includes $1,034,000,000 for the National Institute of Standards and Technology (NIST). SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES (INCLUDING TRANSFER OF FUNDS) The agreement provides $754,000,000 for NIST's Scientific and Technical Research and Services (STRS) account. The agreement adopts the following within STRS: (1) House and Senate language on pyrrhotite and no less than $1,500,000; (2) House and Senate language on regenerative medicine standards and $2,500,000; (3) Senate language on industrial internet of things and no less than $2,000,000; (4) Senate language on plastic and polymeric materials and $1,000,000 above the fiscal year 2019 enacted level; (5) Senate language on graphene research and no less than $1,250,000; (6) Senate language on unmanned aerial vehicle challenges and no less than $2,500,000; (7) Senate language on microelectronics technology and no less than $2,000,000; (8) Senate language on public health risks to first responders and $2,000,000; (9) House language and funding for the Greenhouse Gas Program and Urban Dome Initiative; and (10) House and Senate language on metals-based additive manufacturing and no less than $5,000,000. Disaster Resilience Research Grants.--In lieu of House and Senate language regarding Disaster Resilience Research Grants, the agreement provides no less than $2,500,000. Quantum Information Science (QIS).--The agreement adopts House and Senate language on QIS and provides $10,000,000 above the fiscal year 2019 enacted level. Industries of the Future.--The agreement adopts House and Senate language on artificial intelligence and provides $8,000,000 above the fiscal year 2019 enacted level. Forward Looking Building Standards.--House report language regarding forward looking building standards is amended to clarify that it neither directs nor authorizes NIST to undertake any regulatory action. Forensic Sciences.--In lieu of House and Senate report language, the agreement provides $1,000,000 above the fiscal year 2019 enacted level for forensic science research. Additionally, the agreement provides $3,150,000 to support the Organization of Scientific Area Committees and $1,000,000 to support technical merit evaluations. Facial Recognition Vendor Test.--Senate language regarding the facial recognition vendor test is adopted, and the agreement further directs NIST to continue efforts to secure personally identifiable information and other sensitive data used by this program. INDUSTRIAL TECHNOLOGY SERVICES The agreement includes $162,000,000 in total for Industrial Technology Services (ITS), including $146,000,000 for the Hollings Manufacturing Extension Partnership (MEP), an increase of $6,000,000 above the fiscal year 2019 enacted level. At this level, NIST is directed to provide an increase of at least $100,000 for each of the 51 MEP centers. The agreement further provides $16,000,000 for the National Network for Manufacturing Innovation, also known as Manufacturing USA. CONSTRUCTION OF RESEARCH FACILITIES The agreement includes $118,000,000 for Construction of Research Facilities, of which $43,000,000 is for the continued renovation of NIST's Building 1 laboratory. Safety, Capacity, Maintenance, and Major Repairs (SCMMR).-- Within the amount provided for Construction of Research Facilities, the agreement includes no less than $75,000,000 for NIST to address its most pressing SCMMR projects. National Oceanic and Atmospheric Administration Sexual Assault and Sexual Harassment (SASH).--The agreement adopts House and Senate report language on SASH and provides no less than $2,000,000, of which $1,000,000 shall be derived from funding provided to Mission Support, Executive Leadership. OPERATIONS, RESEARCH, AND FACILITIES (INCLUDING TRANSFER OF FUNDS) The agreement includes a total program level of $3,956,213,000 under this account for the coastal, fisheries, marine, weather, satellite, and other programs of the National Oceanic and Atmospheric Administration (NOAA). This total funding level includes $3,763,939,000 in direct appropriations; a transfer of $174,774,000 from balances in the ``Promote and Develop Fishery Products and Research Pertaining to American Fisheries'' fund; and $17,500,000 derived from recoveries of prior year obligations. The following narrative descriptions and tables identify the specific activities and funding levels included in this Act. National Ocean Service (NOS).--$598,956,000 is for NOS Operations, Research, and Facilities. NATIONAL OCEAN SERVICE Operations, Research, and Facilities [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Navigation, Observations and Positioning Navigation, Observations and Positioning............ $159,456 Hydrographic Survey Priorities/Contracts............ 32,000 Integrated Ocean Observing System Regional 39,000 Observations....................................... --------------- Navigation, Observations and Positioning........ 230,456 --------------- [[Page H10963]] Coastal Science and Assessment Coastal Science, Assessment, Response and 82,000 Restoration........................................ Competitive External Research....................... 19,000 --------------- Coastal Science and Assessment.................. 101,000 --------------- Ocean and Coastal Management and Services Coastal Zone Management and Services................ 45,000 Coastal Management Grants........................... 77,000 National Oceans and Coastal Security Fund (Title IX 33,000 Fund).............................................. Coral Reef Program.................................. 29,500 National Estuarine Research Reserve System.......... 27,500 Sanctuaries and Marine Protected Areas.............. 55,500 --------------- Ocean and Coastal Management and Services....... 267,500 --------------- Total, National Ocean Service, Operations, $598,956 Research, and Facilities................... ------------------------------------------------------------------------ Navigation, Observations and Positioning.--Within funding provided, the agreement includes no less than $6,250,000 for the Physical Oceanographic Real-Time System. The administration's proposal on funding for Coastal Observing Assets is adopted. The Senate language and funding levels regarding Hydrographic Research and Technology Development are adopted. Coastal Science and Assessment.--The agreement provides $44,000,000 for the National Centers for Coastal Ocean Science and no less than $1,000,000 above the fiscal year 2019 enacted level for the Marine Debris program. Gulf of Mexico Disaster Response Center (DRC).--Senate report language on the DRC is restated to clarify that the intent is for NOAA to fully staff the DRC no later than September 30, 2020. Harmful Algal Blooms (HABs).--The agreement provides $19,000,000 for Competitive External Research and adopts both House and Senate direction regarding HABs. It further clarifies that no less than $1,000,000 is provided to sponsor a national study of the economic impacts of HABs as described in the House report. Regional Data Portals.--The Senate language and funding level regarding Regional Data Portals are adopted. The National Oceans and Coastal Security Fund.--The agreement provides $33,000,000 for the National Oceans and Coastal Security Fund, also known as Title IX Fund grants. Of the amount provided, not less than $3,000,000 shall be for project planning and design. Marine Sanctuaries.--The administration's proposal regarding telepresence is accepted and the continuation of this work is encouraged through Ocean Exploration within Oceanic and Atmospheric Research. NOS is directed to prioritize support for Marine Sanctuaries base funding, especially in light of the designation of the new Mallows Bay-Potomac River National Marine Sanctuary. National Marine Fisheries Service (NMFS).--$947,657,000 is for NMFS Operations, Research, and Facilities. NATIONAL MARINE FISHERIES SERVICE Opertions, Research, and Facilities [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Protected Resources Science and Management Marine Mammals, Sea Turtles, and Other Species...... $122,164 Species Recovery Grants............................. 7,000 Atlantic Salmon..................................... 6,500 Pacific Salmon...................................... 65,000 --------------- Protected Resources Science and Management...... 200,664 --------------- Fisheries Science and Management Fisheries and Ecosystem Science Programs and 146,427 Services........................................... Fisheries Data Collections, Surveys and Assessments. 173,709 Observers and Training.............................. 54,968 Fisheries Management Programs and Services.......... 123,836 Aquaculture......................................... 15,250 Salmon Management Activities........................ 58,043 Regional Councils and Fisheries Commissions......... 40,247 Interjurisdictional Fisheries Grants................ 3,365 --------------- Fisheries Science and Management................ 615,845 --------------- Enforcement............................................. 74,023 --------------- Habitat Conservation and Restoration.................... 57,125 --------------- Total, National Marine Fisheries Service, $947,657 Operations, Research, and Facilities....... ------------------------------------------------------------------------ Southern Resident Killer Whales.--The agreement includes no less than the fiscal year 2019 enacted level for NMFS to continue its work on Southern Resident killer whales. North Atlantic Right Whale.--The agreement provides an increase of $2,000,000 within Marine Mammals, Sea Turtles, and Other Species for North Atlantic right whales-related research, development, and conservation. Additional direction in the House and Senate reports, including the pilot project, is adopted. Salmon Management Activities.--Within funding provided, the agreement includes no less than $35,500,000 for implementation of the Pacific Salmon Treaty, which is $20,000,000 above the fiscal year 2019 enacted level, and $22,000,000 for the operation and maintenance of Mitchell Act hatcheries. House and Senate language on the Pacific Salmon Treaty is adopted, and the Committees look forward to receiving the requested spend plan in an expeditious fashion. Fisheries Information Networks.--The agreement provides $24,000,000 for Fisheries Information Networks and adopts Senate language regarding the disbursement of funds provided above the fiscal year 2019 enacted level. Gulf of Mexico Electronic Logbooks.--Senate language and funding levels regarding implementing electronic logbooks in the Gulf of Mexico are adopted. South Atlantic Reef Fish.--Senate guidance on conducting a fishing gear selectivity study is adopted. Additionally, the agreement provides up to $1,500,000 to employ the independent and alternative stock assessment strategies directed by the House and Senate for the Gulf of Mexico to supplement NMFS assessments of red snapper in the South Atlantic. NMFS Quarterly Briefings.--In lieu of House report language regarding quarterly updates on red snapper, the agreement directs NMFS to provide quarterly briefings on relevant operational, regulatory, and policy matters. Modern Fish Act.--The agreement adopts Senate language on data collection for recreational fisheries and provides no less than $3,000,000 for these purposes. Illegal, Unreported, and Unregulated (IUU) Fishing.--The agreement adopts Senate language regarding IUU fishing. In lieu of the House language regarding the Seafood Import Monitoring Program (SIMP), NOAA shall, in consultation with the Task Force on Human Trafficking in Fishing in International Waters, which was codified in Public Law 115- 141, determine any gaps in the Task Force's report regarding the nature and extent of human trafficking and related labor abuses in the commercial seafood supply chain. This study shall identify specific countries and fisheries where such activities are believed to be significant, and shall be provided to the Committees within one year of enactment of this Act. NOAA shall notify the Department of Justice if any gaps are found. Further, NOAA shall evaluate, within the biannual report to Congress on IUU fishing, SIMP's effectiveness regarding (1) the preservation of stocks of at-risk species around the world and (2) the protection of American consumers from seafood fraud; and, within 180 days of enactment of this Act, shall report to the Committees on the metrics it intends to use for such evaluation. Highly Migratory Species.--House report language regarding Highly Migratory Species is not adopted. Office of Oceanic and Atmospheric Research (OAR).-- $548,384,000 is for OAR Operations, Research, and Facilities. OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH Operations, Research, and Facilities [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Climate Research Laboratories and Cooperative Institutes............. $66,500 Regional Climate Data and Information............... 40,000 Climate Competitive Research........................ 63,000 --------------- Climate Research................................ 169,500 --------------- Weather and Air Chemistry Research Laboratories and Cooperative Institutes............. 82,000 U.S. Weather Research Program....................... 23,000 Tornado Severe Storm Research/Phased Array Radar.... 13,634 Joint Technology Transfer Initiative................ 15,000 --------------- Weather and Air Chemistry Research.............. 133,634 --------------- Ocean, Coastal and Great Lakes Research Laboratories and Cooperative Institutes............. 35,500 National Sea Grant College Program.................. 74,000 Marine Aquaculture Program.......................... 13,000 Ocean Exploration and Research...................... 42,000 Integrated Ocean Acidification...................... 14,000 Sustained Ocean Observations and Monitoring......... 45,000 National Oceanographic Partnership Program.......... 5,000 --------------- Ocean, Coastal and Great Lakes Research......... 228,500 --------------- High Performance Computing Initiatives.................. 16,750 --------------- Total, Office of Oceanic and Atmospheric $548,384 Research, Operations, Research and Facilities................................. ------------------------------------------------------------------------ National Climate Assessment (NCA).--The agreement provides no less than $3,000,000 for the NCA. Earth's Radiation Budget.--In lieu of House language regarding Earth's radiation budget, the agreement provides no less than $4,000,000 for modeling, assessments, and, as possible, initial observations and monitoring of stratospheric conditions and the Earth's radiation budget, including the impact of the [[Page H10964]] introduction of material into the stratosphere from changes in natural systems, increased air and space traffic, proposals to inject material to affect climate, and the assessment of solar climate interventions. Within these funds, the agreement further directs OAR to improve the understanding of the impact of atmospheric aerosols on radiative forcing, as well as on the formation of clouds, precipitation, and extreme weather. Regional Integrated Sciences and Assessments Program (RISA).--The agreement includes an increase of $1,500,000 for the RISA Program and adopts the House direction. U.S. Weather Research Program.--The agreement provides no less than $8,000,000 for the Earth Prediction Innovation Center and adopts the Senate direction. The agreement also adopts the Administration's request for Airborne Phased Array Radar. Vortex-Southeast (Vortex-SE).--The agreement provides up to $10,000,000 for OAR to continue collaborating with the National Science Foundation's Vortex-SE initiative. Phased Array Radar (PAR).--The agreement adopts Senate language on PAR and provides no less than $1,000,000 above the fiscal year 2019 enacted level. Highly Migratory Species.--The agreement does not adopt Senate language relating to Sea Grant research on highly migratory species, as that work is now underway. Available funds shall be used to support the National Sea Grant College Program base. Cloud Computing for Research.--The agreement adopts House direction regarding cloud computing and provides no less than $5,000,000 for that purpose. NOAA Supercomputing Plan.--The agreement adopts Senate bill language and House report language requiring the development of a supercomputing strategy and cloud computing strategy, respectively, but clarifies that these strategies should be submitted as one report. National Weather Service (NWS).--$1,065,701,000 is for NWS Operations, Research, and Facilities. NATIONAL WEATHER SERVICE Operations, Research, and Facilities [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Observations............................................ $229,862 Central Processing...................................... 97,980 Analyze, Forecast and Support........................... 513,556 Dissemination........................................... 76,843 Science and Technology Integration...................... 147,460 --------------- Total, National Weather Service, Operations, $1,065,701 Research and Facilities............................ ------------------------------------------------------------------------ National Mesonet Program.--The agreement provides $20,200,000 for the continuation and expansion of the National Mesonet Program. Of the funds provided, up to $500,000 may be used for Meteorological Assimilation Data Ingest System activities, and up to $500,000 may be used for costs associated with the National Mesonet Program Office. Facilities Maintenance.--In lieu of House language regarding facilities maintenance, NWS is encouraged to continue addressing the highest priority facilities repair and deferred maintenance requirements at Weather Forecast Offices. Office of Water Prediction (OWP).--The Senate language and funding levels regarding OWP are adopted. Additionally, the agreement provides $1,500,000 within Dissemination to expeditiously transition the water resources prediction capabilities developed by OWP into operations. Tsunami Warning Program.--The agreement provides no less than the fiscal year 2019 enacted level for the Tsunami Warning Program. National Environmental Satellite, Data and Information Service (NESDIS).--$260,739,000 is for NESDIS Operations, Research, and Facilities. NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE Operations, Research, and Facilities [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Environmental Satellite Observing Systems Office of Satellite and Product Operations.......... $166,063 Product Development, Readiness and Application...... 28,434 Commercial Remote Sensing Regulatory Affairs........ 1,800 Office of Space Commerce............................ 2,300 Group on Earth Observations......................... 500 --------------- Environmental Satellite Observing Systems....... 199,097 --------------- National Centers for Environmental Information.......... 61,642 --------------- Total, National Environmental Satellite, $260,739 Data and Information Service, Operations, Research, and Facilities................... ------------------------------------------------------------------------ Study on Satellite Instrumentation and Data.--Senate report language on satellite instrumentation and data is amended to clarify that the intent is for NOAA and NASA to submit a study that assesses the enumerated purposes in the Senate report at the out-of-band emissions limits agreed to at the World Radiocommunication Conference 2019. Acknowledging NTIA's role in managing the Federal use of spectrum, but given that NTIA's Office of Spectrum Management currently has a limited role in reviewing technical studies related to sharing with satellite operations, the Committees direct NOAA to engage with NTIA, as needed, for review of assumptions on the commercial deployment of 5G telecommunications networks over the life of these satellites; analysis methodology; and interference protection criteria; as well as to verify intermediate results. Mission Support.--$290,361,000 is for Mission Support Operations, Research, and Facilities. MISSION SUPPORT Operations, Research, and Facilities [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Mission Support Executive Leadership................................ $27,078 Mission Services and Management..................... 155,934 IT Security......................................... 15,079 Payment to DOC Working Capital Fund................. 62,070 --------------- Mission Support Services............................ 260,161 --------------- Office of Education BWET Regional Programs.............................. 7,750 Jose E. Serrano Educational Partnership Program with 17,200 Minority Serving Institutions...................... NOAA Education Program Base......................... 5,250 --------------- Office of Education............................. 30,200 --------------- Total, Mission Support, Operations, $290,361 Research, and Facilities................... ------------------------------------------------------------------------ Jose E. Serrano Educational Partnership Program with Minority Serving Institutions.--The agreement provides $17,200,000 for the Jose E. Serrano Educational Partnership Program with Minority Serving Institutions, which has been re-named in honor of Congressman Jose E. Serrano for his steadfast leadership and support for increasing the participation of underrepresented communities in the sciences. Office of Marine and Aviation Operations (OMAO).-- $244,415,000 is for OMAO Operations, Research, and Facilities. OFFICE OF MARINE AND AVIATION OPERATIONS Operations, Research, and Facilities [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Office of Marine and Aviation Operations Marine Operations and Maintenance................... $194,000 Aviation Operations and Aircraft Services........... 37,750 Unmanned Systems Operations......................... 12,665 --------------- Total, Office of Marine and Aviation Operations, $244,415 Operations, Research, and Facilities........... ------------------------------------------------------------------------ Aviation Operations and Aircraft Services.--The agreement provides no less than $1,500,000 within Aviation Operations and Aircraft Services to further programs aimed at recruiting and training pilots for service in the Commissioned Officer Corps of NOAA. Monitoring of Atmospheric Rivers.--The agreement provides no less than $1,500,000 within Aviation Operations and Aircraft Services to better observe and predict atmospheric rivers. NOAA Ship Ronald H. Brown Midlife Maintenance.--OMAO is directed to continue its partnership with the academic research fleet to obtain all required engineering and acquisition requirements to initiate a single phase, 12-month midlife maintenance repair period in fiscal year 2021 on the NOAA Ship Ronald H. Brown. PROCUREMENT, ACQUISITION AND CONSTRUCTION (INCLUDING TRANSFER OF FUNDS) The agreement includes a total program level of $1,543,890,000 in direct obligations for NOAA Procurement, Acquisition and Construction (PAC), of which $1,530,890,000 is appropriated from the general fund and $13,000,000 is derived from recoveries of prior year obligations. The following narrative and table identify the specific activities and funding levels included in this Act: PROCUREMENT, ACQUISITION and CONSTRUCTION [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ National Ocean Service National Estuarine Research Reserve Construction.... $4,500 Marine Sanctuaries Construction..................... 3,000 --------------- Total, NOS--PAC................................. 7,500 --------------- Office of Oceanic and Atmospheric Research Research Supercomputing/CCRI........................ 42,000 --------------- National Weather Service Observations........................................ 16,250 Central Processing.................................. 66,761 Dissemination....................................... 9,934 Weather Forecast Office Construction................ 10,000 --------------- Total, NWS--PAC................................. 102,945 --------------- National Environmental Satellite, Data and Information Service GOES R.............................................. 304,056 Polar Weather Satellites............................ 745,000 Systems/Services, Architecture, and Engineering..... 33,990 [[Page H10965]] CDARS............................................... 11,350 Space Weather Follow-on............................. 64,000 Cosmic 2/GNSS RO.................................... 5,892 Satellite CDA Facility.............................. 2,450 Satellite Ground Services........................... 55,707 Projects, Planning, and Analysis.................... 31,000 --------------- Total, NESDIS--PAC.............................. 1,253,445 --------------- Mission Support NOAA Construction................................... 40,000 --------------- Office of Marine and Aviation Operations Fleet Capital Improvements and Technology Infusion.. 23,000 New Vessel Construction............................. 75,000 --------------- Total, OMAO--PAC................................ 98,000 --------------- Total, Procurement, Acquisition and $1,543,890 Construction............................... ------------------------------------------------------------------------ Research Supercomputing.--The agreement directs NOAA to maximize its research supercomputing capacity within available funds. Therefore, 25 percent of funds for OAR Research Supercomputing are to be withheld until NOAA provides the Committees with a detailed spending plan, by project and by object class, for funding provided for Research Supercomputing. National Weather Service Observations.--The agreement provides the requested amount for the Next Generation Weather Radar and the Automated Surface Observing System Service Life Extension Programs. NESDIS Reorganization.--The agreement partially approves the proposed NESDIS budget reorganization by creating a new Program, Project, or Activity titled Systems/Services, Architecture, and Engineering (SAE), which includes funding previously provided for System Architecture and Advanced Planning, Satellite Ground Services, and Commercial Weather Data. Senate language on system architecture and advanced planning and commercial weather data is adopted and should be executed using funds provided to SAE. The Committees expect that the SAE portfolio will manage end-to-end space and ground architecture requirements, support early stage ventures, and serve as the single entry point for commercial partners. Facilities Maintenance.--The agreement provides $40,000,000 for high priority facilities repair and deferred maintenance requirements, as described in the Senate report. NOAA shall prioritize infrastructure projects related to Marine Operations. Alaska Homeport Study.--Senate report language directing NOAA to complete and submit the NOAA Fairweather homeport analysis is not adopted. PACIFIC COASTAL SALMON RECOVERY The agreement includes $65,000,000 for Pacific Coastal Salmon Recovery. The agreement adopts the House approach to the allocation of funds to eligible grantees. FISHERMEN'S CONTINGENCY FUND The agreement includes $349,000 for the Fishermen's Contingency Fund. FISHERIES FINANCE PROGRAM ACCOUNT The agreement includes language under this heading limiting obligations of direct loans to $24,000,000 for Individual Fishing Quota loans and $100,000,000 for traditional direct loans. Departmental Management SALARIES AND EXPENSES The agreement includes $61,000,000 for Departmental Management (DM) salaries and expenses. Working Capital Fund (WCF).--The agreement adopts Senate report language on the Working Capital Fund and further requests that the GAO conduct a review of the Department of Commerce's (DOC) WCF. The Committees request that GAO: (1) determine whether the DOC WCF is adhering to key operating principles to ensure the appropriate tracking and use of funds; (2) evaluate how DOC policies and procedures for managing the WCF are meeting these principles; (3) examine the balances accumulated and retained in the DOC WCF; and (4) assess how the DOC WCF and DOC bureaus account for and grade the services they provide and receive, including whether there is any duplication of services. Office of the Secretary Travel.--House bill language to prohibit travel for personnel within the Office of the Secretary from funds outside of Salaries and Expenses is not adopted. However, to increase transparency regarding the amounts the Department's bureaus contribute toward travel expenses of the Secretary and the Secretary's immediate staff, the agreement directs the Department to provide in its fiscal year 2021 congressional budget justification the estimated total for travel costs outside of the National Capital Region for all personnel within Executive Direction by office, broken down by bureau contributions at the PPA level and any associated authorities that justify why such expenses are not supported through the ``Departmental Management, Salaries and Expenses'' appropriation. As part of the budget justification, the Department shall also include travel costs associated with fiscal years 2019 and 2020. The Department shall also ensure that these costs are clearly identified in future spend plans. Section 232 Exclusion Process.--The agreement continues to provide funding for the ongoing exclusion process for Section 232 steel and aluminum tariffs, including up to $6,500,000 within BIS, up to $8,000,000 within ITA, and up to $1,000,000 within DM. If additional funding for the exclusion process becomes necessary, the Department shall report to the Committees at least 15 days prior to the obligation of funds above the totals specified herein. Further, the Committees are concerned by the findings presented in the DOC Office of Inspector General (OIG) Management Alert (OIG-20-003-M) regarding the Section 232 exclusion process. Therefore, the agreement directs the Department to brief the Committees, not later than 30 days after enactment of this Act, on how the process has been reformed in response to the OIG's recommendations. Space Commerce.--Senate report language on Space Commerce within DM is amended to clarify that the results of the independent review shall be submitted to the Committees, and all relevant authorizing committees, no later than six months after the Secretary enters into a contract with the National Academy of Public Administration. Additionally, the agreement encourages that the costs of the study be shared by DM and NOAA, within funds provided above the fiscal year 2019 level for the Office of Space Commerce within NOAA NESDIS. Section 232 Automobiles Report.--In lieu of Senate language on Section 232 Investigations, section 112 of this Act requires that the report on the findings of the Section 232 investigation into the effect on national security of automobile and automotive parts imports be published in the Federal Register no later than 30 days after enactment of this Act. In releasing the report, the Secretary of Commerce shall ensure that no confidential business information or proprietary data is included in the version of the report published in the Federal Register. RENOVATION AND MODERNIZATION The agreement includes a total of $1,000,000 for the Renovation and Modernization account. The agreement does not adopt House report language on centralizing Departmental salaries and expenses into one appropriation, but reemphasizes House direction for the Department to evaluate how it can best standardize its appropriations in future years, recognizing transparency of total project costs is a priority. OFFICE OF INSPECTOR GENERAL The agreement includes a total of $41,858,000 for the Office of Inspector General. This amount includes $33,000,000 in direct appropriations, a $2,000,000 transfer from USPTO, a transfer of $3,556,000 from the Bureau of the Census, Periodic Censuses and Programs, and $1,302,000 from NOAA PAC for audits and reviews of those programs. In addition, $2,000,000 is derived from the Public Safety Trust Fund for oversight of FirstNet. General Provisions--Department of Commerce (INCLUDING TRANSFER OF FUNDS) The agreement includes the following general provisions for the Department of Commerce: Section 101 makes funds available for advanced payments only upon certification of officials, designated by the Secretary, that such payments are considered to be in the public interest. Section 102 makes appropriations for Department of Commerce salaries and expenses available for hire of passenger motor vehicles, for services, and for uniforms and allowances as authorized by law. Section 103 provides the authority to transfer funds between Department of Commerce appropriation accounts and requires 15 days advance notification to the Committees on Appropriations for certain actions. Section 104 provides congressional notification requirements for NOAA satellite programs and includes life cycle cost estimates for certain weather satellite programs. Section 105 provides for reimbursement for services within Department of Commerce buildings. Section 106 clarifies that grant recipients under the Department of Commerce may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks. Section 107 provides the NOAA Administrator with the authority to avail NOAA of resources, with the consent of those supplying the resources, to carry out responsibilities of any statute administered by NOAA. Section 108 prohibits the National Technical Information Service from charging for certain services. Section 109 allows NOAA to be reimbursed by Federal and non-Federal entities for performing certain activities. Section 110 provides the Economics and Statistics Administration certain authority to enter into cooperative agreements. Section 111 establishes a Department of Commerce Nonrecurring Expenses Fund for information and business technology system modernization and makes appropriations for a business application system modernization. Section 112 provides for the release of a Department of Commerce report. [[Page H10966]] TITLE II DEPARTMENT OF JUSTICE General Administration SALARIES AND EXPENSES The agreement includes $114,740,000 for General Administration, Salaries and Expenses. Responding to Substance Abuse in Our Communities.--The agreement includes a total of $518,000,000 in dedicated grant program funding, an increase of $42,000,000 more than the fiscal year 2019 enacted level, to help communities and State and local law enforcement fight substance abuse, including opioids, stimulants, and synthetics. Unless otherwise noted, House and Senate report language regarding these programs is maintained. Of this amount, $180,000,000 is for the Comprehensive Opioid, Stimulant, and Substance Abuse Program (COSSAP), of which no less than $10,000,000 shall be made available for additional replication sites employing the Law Enforcement Assisted Diversion (LEAD) model, with applicants demonstrating a plan for sustainability of LEAD-model diversion programs. In addition, the Drug Enforcement Administration (DEA) is funded at $2,722,295,000, an increase of $34,592,000 more than the fiscal year 2019 enacted level, to strengthen drug trafficking investigations, including those related to heroin, fentanyl, and methamphetamines, as well as the continuation of heroin enforcement teams and other interdiction and intervention efforts, including DEA's 360 Strategy. Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016.--The agreement includes the fully authorized level of $13,500,000 for DOJ component agencies to implement the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016, as specified in the House report. Programmatic priorities.--The Department and its component agencies, including those activities funded under General Legal Activities; United States Attorneys; the United States Marshals Service (USMS); the Federal Bureau of Investigation (FBI); the Bureau of Alcohol, Tobacco, Firearms and Explosives; the DEA; and the Bureau of Prisons, are directed to make every effort, within the funding provided, to fully support, fund, or otherwise carry out the programs, projects, activities, and initiatives identified as priorities in the House and Senate reports, and to follow House and Senate direction regarding the allocation of increased funding. Ashanti Alert Act Implementation.--The Department is directed to provide a report to the Committees no later than 30 days after enactment of this Act which details progress on implementation of the Ashanti Alert Act (Public Law 115-401) as well as a final deadline for implementation no later than 90 days after enactment of this Act. Working Capital Fund and Non-appropriated Fund Budget Request and Expenditure Plans.--DOJ shall include a detailed breakout of all of its non-appropriated funding sources in its future budget requests, as specified in the House report. DOJ shall include in its fiscal year 2020 spending plans for DOJ components details on non-appropriated funds with regard to the Working Capital Fund, retained earnings and unobligated transfers, and civil debt collection proceeds, at the level of detail specified in the Consolidated Appropriations Act, 2019 (Public Law 116-6), and in House and Senate reports. The spending plans should include reports specified in the Senate report regarding Working Capital Fund carryover funds and Three Percent Fund collections and expenditures. DOJ shall continue to report to the Committees quarterly, and monthly where directed, on the collection, balances, and obligation of these funds, as specified in House and Senate reports. Office of Legal Counsel (OLC) opinions.--In lieu of House report language regarding OLC, the Attorney General is strongly urged to direct OLC to publish all legal opinions and other materials that are appropriate for publication--in particular those materials that are the subject of repeated requests or that may be of public or historical interest. Animal fighting.--In lieu of House language on animal fighting, the Department shall make it a priority to investigate and prosecute violations of animal welfare laws, as directed in the Senate report and as previously described in Senate Report 114-239 and codified in Public Law 115-31. The Department shall report to the Committees not later than 120 days after enactment of this Act on the specific steps the Department is taking to enforce such laws, including case development and prosecutions based on referrals from the Federal Bureau of Investigation, the U.S. Department of Agriculture Office of Inspector General, and other Federal agencies. Justice Information Sharing Technology (INCLUDING TRANSFER OF FUNDS) The agreement includes $33,875,000 for Justice Information Sharing Technology. Executive Office for Immigration Review (INCLUDING TRANSFER OF FUNDS) This Act includes $672,966,000 for the Executive Office for Immigration Review (EOIR), of which $4,000,000 is a transfer from the U.S. Citizenship and Immigration Services (USCIS) Immigration Examinations Fee Account. The agreement is $109,559,000 above the fiscal year 2019 enacted level and equal to the budget request. Within the funding provided, EOIR shall continue all ongoing programs, and shall comply with House and Senate report language that is not explicitly rescinded or amended below. Immigration Adjudication Performance and Reducing Case Backlog.--The Department shall continue efforts to accelerate the hiring and deployment of Immigration Judge (IJ) teams, giving priority to the highest workload areas, and improving coordination with the Department of Homeland Security, to institute fair and efficient court proceedings in detention facilities and ensure court appearances by non-detained individuals. EOIR shall continue to hire the most qualified IJs from a diverse pool of candidates to ensure the adjudication process is impartial and consistent with due process. In lieu of the House language on alternatives to detention programs, the Committees believe that consistent policies regarding docket management and case adjudication will reduce the impending backlog. EOIR is directed to continue to prioritize cases that are scheduled on the detained docket. EOIR shall continue to submit monthly performance and operating reports detailing the backlog of cases and the hiring of new IJ teams in the same format and detail provided in Senate Report 115-275 and codified in Public Law 116-6. These reports shall continue to include statistics regarding the number of cases where visa overstay is a relevant factor and the median days pending for both detained and non- detained cases. These reports shall also list IJs who are temporarily deployed away from their permanent courtrooms, noting the permanent and temporary duty stations of each IJ and the length of such temporary duty assignments. To the extent that EOIR has adopted new performance measures related to the efficient and timely completion of cases and motions, statistics reflecting those measures shall be included in the report. Finally, these reports shall now also include the cost break out for IJ teams, as detailed in the Senate report. Videoteleconferencing (VTC) Data and Reporting.--The Committees direct EOIR to collect real-time data indicating each time a master calendar or individual merits hearing is conducted via VTC to allow for better statistical data collection to help determine whether VTC has an outcome determinative impact. This information is to be provided in the quarterly reports submitted to the Committees and should include the number and type of hearings conducted by VTC, including data on appeals cases related to the use of VTC, and the number of in-person hearing motions filed. EOIR shall make publicly available all policies and procedures related to EOIR's use of VTC, including policies and procedures for EOIR's new immigration adjudication centers. Any deviations from EOIR's VTC standard policy and procedures shall be noted and justified in the EOIR's quarterly report to the Committees. Legal Orientation Program (LOP).--The agreement includes $18,000,000 for services provided by the LOP, of which $3,000,000 is for the Immigration Help Desk. LOP funding is also provided for LOP for Custodians (LOPC) and the LOPC Call Center, including efforts, pursuant to the Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110-457), for custodians of unaccompanied, undocumented children to address the custodian's responsibility for the child's appearance at all immigration proceedings, and to protect the child from mistreatment, exploitation, and trafficking. EOIR shall continue all LOP services and activities without interruption, including during any review of the program. Office of Inspector General The agreement includes $105,000,000 for the Office of Inspector General. United States Parole Commission SALARIES AND EXPENSES The agreement includes $13,308,000 for the salaries and expenses of the United States Parole Commission. Legal Activities SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES The agreement includes $920,000,000 for General Legal Activities. VACCINE INJURY COMPENSATION TRUST FUND The agreement includes a reimbursement of $13,000,000 for DOJ expenses associated with litigating cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99- 660). SALARIES AND EXPENSES, ANTITRUST DIVISION The agreement includes $166,755,000 for the Antitrust Division. This appropriation is offset by an estimated $141,000,000 in pre-merger filing fee collections, resulting in a direct appropriation of $25,755,000. SALARIES AND EXPENSES, UNITED STATES ATTORNEYS The agreement includes $2,254,541,000 for the Executive Office for United States Attorneys and the 94 United States Attorneys' offices, of which $25,000,000 shall remain available until expended. UNITED STATES TRUSTEE SYSTEM FUND The agreement includes $227,229,000 for the United States Trustee Program. SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION The agreement includes $2,335,000 for the Foreign Claims Settlement Commission. FEES AND EXPENSES OF WITNESSES The agreement includes $270,000,000 for Fees and Expenses of Witnesses. [[Page H10967]] SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE (INCLUDING TRANSFER OF FUNDS) The agreement includes $16,000,000 for the Community Relations Service. ASSETS FORFEITURE FUND The agreement includes $20,514,000 for the Assets Forfeiture Fund. United States Marshals Service SALARIES AND EXPENSES The agreement includes $1,430,000,000 for the salaries and expenses of the USMS. The agreement clarifies that the Committees support the budget request for the USMS to lead a review of government-wide protective operations in order to help agencies develop their own protective detail standards and best practices. The USMS is directed to submit a report to the Committees detailing the results of this review. CONSTRUCTION The agreement includes $15,000,000 for construction and related expenses in space controlled, occupied, or utilized by the USMS for prisoner holding and related support. FEDERAL PRISONER DETENTION The agreement includes $1,867,461,000 for Federal Prisoner Detention. National Security Division SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The agreement includes $110,000,000 for the salaries and expenses of the National Security Division. Interagency Law Enforcement INTERAGENCY CRIME AND DRUG ENFORCEMENT The agreement includes $550,458,000 for the Organized Crime and Drug Enforcement Task Forces, of which $382,770,000 is for investigations and $167,688,000 is for prosecutions. Federal Bureau of Investigation SALARIES AND EXPENSES The agreement includes $9,467,902,000 for the salaries and expenses of the FBI, including $1,744,451,000 for Intelligence, $3,869,821,000 for Counterterrorism and Counterintelligence, $3,269,916,000 for Criminal Enterprises and Federal Crimes, and $583,714,000 for Criminal Justice Services. House report language on gun violence data does not stand. CONSTRUCTION The agreement includes $485,000,000 for FBI construction, which supports the Senate language on 21st Century Facilities and provides funding above the requested level for the FBI to address its highest priorities outside of the immediate national capital area, in addition to resources dedicated to secure work environment projects. Drug Enforcement Administration SALARIES AND EXPENSES The agreement includes a direct appropriation of $2,279,153,000 for the salaries and expenses of the DEA. In addition, DEA expects to derive $443,142,000 from fees deposited in the Diversion Control Fund to carry out the Diversion Control Program, resulting in $2,722,295,000 in total spending authority for DEA. Controlled Substances Act Data Collection and Sharing.--DEA is directed to continue to establish and utilize data collection and sharing agreements with other Federal agencies, and continue to consider other sources of information to properly assess the estimated rates of overdose deaths and abuse and the overall public health impact regarding covered controlled substances as required under section 306(i) of the Controlled Substances Act (21 U.S.C. 826(i)). Not later than 30 days after the date of enactment of this Act, DEA shall submit a report to the Committees regarding the establishment and utilization of such data collection and sharing agreements. Bureau of Alcohol, Tobacco, Firearms and Explosives SALARIES AND EXPENSES The agreement includes $1,400,000,000 for the salaries and expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Illegal Firearms.--House report language is not adopted. Federal Prison System SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The agreement includes $7,470,000,000 for the salaries and expenses of the Federal Prison System. The Senate report language on the National Institute of Corrections stands. Federal Correctional Institutions (FCI).--No proposals to close low security FCIs, including associated camps, in fiscal year 2020 are supported by the agreement. BUILDINGS AND FACILITIES The agreement includes $308,000,000 for the construction, acquisition, modernization, maintenance, and repair of prison and detention facilities housing Federal inmates, of which $181,000,000 is included for construction of new facilities. Modernization and Repair (M&R) of Existing Facilities.--The agreement provides $127,000,000 for M&R of existing facilities. BOP is directed to prioritize repairs that protect life and safety and is encouraged to prioritize facilities assessed as having deficiencies of a geological and seismic nature. BOP is encouraged to expeditiously develop and execute plans to make repairs without transferring prisoners to other facilities. LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED The agreement includes a limitation on administrative expenses of $2,700,000 for Federal Prison Industries, Incorporated. State and Local Law Enforcement Activities In total, the agreement includes $3,278,300,000 for State and local law enforcement and crime prevention programs. This amount includes $3,161,300,000 in discretionary budget authority, of which $435,000,000 is derived by transfer from the Crime Victims Fund. This amount also includes $117,000,000 scored as mandatory for Public Safety Officer Benefits. STOP School Violence.--In lieu of House report language on school design, the Committees encourage the Department to continue its ongoing work with the Departments of Homeland Security and Education through the School Safety Clearinghouse, which facilitates and coordinates interagency efforts to assess and share best practices related to school security resources, technologies, and innovations as well as identify safe school design practices for use by education agencies, law enforcement agencies, schools, architects, and engineers. The agreement includes $125,000,000 for STOP School Violence grants, and this funding is directed to be distributed for covered purpose areas provided under the STOP School Violence Act of 2018. Office on Violence Against Women VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS (INCLUDING TRANSFER OF FUNDS) The agreement includes $502,500,000 for the Office on Violence Against Women. These funds are distributed as follows: VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ STOP Grants............................................. 215,000 Transitional Housing Assistance......................... 37,000 Research and Evaluation on Violence Against Women....... 2,500 Consolidated Youth-Oriented Program..................... 11,500 Grants to Encourage Arrest Policies..................... 53,000 Homicide Reduction Initiative ...................... (4,000) Sexual Assault Victims Services......................... 38,000 Rural Domestic Violence and Child Abuse Enforcement..... 43,500 Violence on College Campuses............................ 20,000 Civil Legal Assistance.................................. 46,000 Elder Abuse Grant Program............................... 5,000 Family Civil Justice.................................... 17,000 Education and Training for Disabled Female Victims...... 6,000 National Resource Center on Workplace Responses......... 1,000 Research on Violence Against Indian Women............... 1,000 Indian Country Sexual Assault Clearinghouse............. 500 Tribal Special Domestic Violence Criminal Jurisdiction.. 4,000 Rape Survivor Child Custody Act......................... 1,500 --------------- Total, Violence Against Women Prevention and $502,500 Prosecution Programs........................... ------------------------------------------------------------------------ Restrictions on OVW Grants.--It was incredibly troubling to learn about the new restriction to not fund more than two discretionary awards to one entity as either the lead or sub- recipient grantee as part of OVW's grant solicitations for fiscal year 2020. This change will severely disadvantage small states; rural communities; tribal communities; and organizations providing services to specialized populations, which could limit access to critical victim services. While the Department has been directed to reduce program duplication, this restriction is not the appropriate way to accomplish that goal, and OVW is directed to rescind this restriction. Office of Justice Programs RESEARCH, EVALUATION AND STATISTICS The agreement provides $79,000,000 for the Research, Evaluation and Statistics account. These funds are distributed as follows: RESEARCH, EVALUATION AND STATISTICS [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Bureau of Justice Statistics............................ 43,000 National Institute of Justice........................... 36,000 Domestic Radicalization Research.................... (5,000) Research on School Safety........................... (1,000) National Study of Law Enforcement Responses to Sex (1,000) Trafficking of Minors.............................. National Center on Forensics........................ (2,000) --------------- Total, Research, Evaluation and Statistics...... $79,000 ------------------------------------------------------------------------ National Center on Forensics.--In lieu of House report language on Forensics, the Department is directed to follow the Senate report language on the National Center on Forensics. STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE (INCLUDING TRANSFER OF FUNDS) The agreement includes $1,892,000,000 for State and Local Law Enforcement Assistance programs. These funds are distributed as follows: [[Page H10968]] STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Byrne Memorial Justice Assistance Grants................ 547,210 Officer Robert Wilson III VALOR Initiative.......... (12,000) Smart Policing..................................... (7,500) Smart Prosecution.................................. (8,000) NamUs.............................................. (2,400) Academic Based Training Program to Improve Police- (2,500) Based Responses to People with Mental Illness...... John R. Justice Grant Program....................... (2,000) Prison Rape Prevention and Prosecution.............. (15,500) Kevin and Avonte's Law.............................. (2,000) Regional Law Enforcement Technology Initiative...... (3,000) Project Safe Neighborhoods.......................... (20,000) Drug Field Testing and Training Initiative......... (2,000) Capital Litigation and Wrongful Conviction Review.. (5,500) Managed Access Systems............................. (2,000) Collaborative Mental Health and Anti-Recidivism (1,000) Initiative......................................... Presidential Nominating Conventions................. (100,000) Juvenile Indigent Defense.......................... (2,000) Community Based Violence Prevention................ (8,000) National Center for Restorative Justice............ (3,000) State Criminal Alien Assistance Program................. 244,000 Victims of Trafficking Grants........................... 85,000 Economic, High-tech, White Collar and Cybercrime 14,000 Prevention............................................. Intellectual Property Enforcement Program.......... (2,500) Digital Investigation Education Program............ (2,000) Adam Walsh Act Implementation........................... 20,000 Patrick Leahy Bulletproof Vest Partnership Grant Program 27,500 Transfer to NIST/OLES.............................. (1,500) National Sex Offender Public Website.................... 1,000 National Instant Criminal Background Check System (NICS) 78,290 Initiative............................................. NICS Act Record Improvement Program................ (25,000) Paul Coverdell Forensic Science......................... 30,000 DNA Initiative.......................................... 132,000 Debbie Smith DNA Backlog Grants.................... (102,000) State and Local Forensic Activities................ (19,000) Kirk Bloodsworth Post-Conviction DNA Testing Grants (7,000) Sexual Assault Forensic Exam Program Grants........ (4,000) Community Teams to Reduce the Sexual Assault Kit (SAK) 48,000 Backlog................................................ CASA--Special Advocates................................. 12,000 Tribal Assistance....................................... 38,000 Second Chance Act/Offender Reentry...................... 90,000 Smart Probation.................................... (6,000) Children of Incarcerated Parents Demo Grants........ (5,000) Project HOPE Opportunity Probation with Enforcement (4,500) Pay for Success.................................... (7,500) Pay for Success (Permanent Supportive Housing (5,000) Model)............................................. Community Trust Initiative.............................. 67,500 Body Worn Camera Partnership Program............... (22,500) Justice Reinvestment Initiative.................... (28,000) Byrne Criminal Justice Innovation Program........... (17,000) Anti-Opioid and Substance Abuse Initiative.............. 378,000 Drug Courts........................................ (80,000) Mentally Ill Offender Act.......................... (33,000) Residential Substance Abuse Treatment.............. (31,000) Veterans Treatment Courts.......................... (23,000) Prescription Drug Monitoring....................... (31,000) Comprehensive Opioid, Stimulant, and Substance (180,000) Abuse Program...................................... Keep Young Athletes Safe Act of 2018.................... 2,500 STOP School Violence Act................................ 75,000 Emmett Till Grants...................................... 2,000 --------------- Total, State and Local Law Enforcement $1,892,000 Assistance..................................... ------------------------------------------------------------------------ Comprehensive Addiction and Recovery Act (CARA) Programs.-- Funding for these programs is outlined in the Anti-Opioid and Substance Abuse Initiative section of the State and Local Law Enforcement Assistance grant table. In lieu of House report language regarding Medication Assisted Treatment (MAT) and Residential Substance Abuse Treatment (RSAT), the Office of Justice Programs (OJP) is directed to publish how MAT is used in prison-based programs receiving RSAT funds, to include the number of forms of MAT administered. OJP is further directed to provide training and technical assistance to State and local correctional systems on best practices and approaches to enable these facilities to offer more than one form of MAT. Other House and Senate direction for programs under the Anti-Opioid and Substance Abuse Initiative stand. Strategic Mobile and Response Teams (SMART).--In lieu of House language on SMART, the Department is directed to provide the briefing as directed in House Report 115-704 and codified in Public Law 116-6 on the opportunity to conduct pilot programs to implement SMART at the Southwest Border. National Center for Restorative Justice.--It is noted that the funding, and direction provided in Senate report language, have moved from the National Institute of Justice (NIJ) to the Bureau of Justice Assistance as NIJ was unable to properly manage this program. JUVENILE JUSTICE PROGRAMS The agreement includes $320,000,000 for Juvenile Justice programs. These funds are distributed as follows: JUVENILE JUSTICE PROGRAMS [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Part B--State Formula Grants............................ 63,000 Emergency Planning--Juvenile Detention Facilities... (500) Youth Mentoring Grants.................................. 97,000 Title V--Delinquency Prevention Incentive Grants........ 42,000 Prevention of Trafficking of Girls.................. (2,000) Tribal Youth........................................ (5,000) Children of Incarcerated Parents Web Portal......... (500) Girls in the Justice System......................... (2,000) Opioid Affected Youth Initiative.................... (10,000) Children Exposed to Violence........................ (8,000) Victims of Child Abuse Programs......................... 27,000 Missing and Exploited Children Programs................. 87,500 Training for Judicial Personnel......................... 3,500 --------------- Total, Juvenile Justice......................... $320,000 ------------------------------------------------------------------------ Missing and Exploited Children Programs.--Direction in both House and Senate reports on Missing and Exploited Children Programs stands with the exception that the Department is directed to distribute the increased amount proportionally among Missing and Exploited Children programs, excluding research and technical assistance activities. PUBLIC SAFETY OFFICER BENEFITS (INCLUDING TRANSFER OF FUNDS) The agreement includes $141,800,000 for the Public Safety Officer Benefits program for fiscal year 2020. Community Oriented Policing Services COMMUNITY ORIENTED POLICING SERVICES PROGRAMS (INCLUDING TRANSFER OF FUNDS) The agreement includes $343,000,000 for Community Oriented Policing Services (COPS) programs, as follows: COMMUNITY ORIENTED POLICING SERVICES [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ COPS Hiring Grants...................................... 235,000 Tribal Resources Grant Program..................... (27,000) Community Policing Development/Training and (6,500) Technical Assistance............................... Regional Information Sharing Activities............ (38,000) Tribal Access Program.............................. (3,000) [[Page H10969]] Law Enforcement Mental Health and Wellness Act..... (5,000) POLICE Act.............................................. 10,000 Anti-Methamphetamine Task Forces........................ 13,000 Anti-Heroin Task Forces................................. 35,000 STOP School Violence Act................................ 50,000 --------------- Total, Community Oriented Policing Services..... $343,000 ------------------------------------------------------------------------ Law Enforcement Training.--The agreement supports the House report language on law enforcement training and encourages the COPS Office to make grant funding available for diversity and inclusion training to organizations with experience in training law enforcement personnel and criminal justice professionals as part of Community Policing Development awards. General Provisions--Department of Justice (INCLUDING TRANSFER OF FUNDS) The agreement includes the following general provisions for the Department of Justice: Section 201 makes available additional reception and representation funding for the Attorney General from the amounts provided in this title. Section 202 prohibits the use of funds to pay for an abortion, except in the case of rape or incest, or to preserve the life of the mother. Section 203 prohibits the use of funds to require any person to perform or facilitate the performance of an abortion. Section 204 establishes that the Director of the Bureau of Prisons (BOP) is obliged to provide escort services to an inmate receiving an abortion outside of a Federal facility, except where this obligation conflicts with the preceding section. Section 205 establishes requirements and procedures for transfer proposals. Section 206 prohibits the use of funds for transporting prisoners classified as maximum or high security, other than to a facility certified by the BOP as appropriately secure. Section 207 prohibits the use of funds for the purchase or rental by Federal prisons of audiovisual or electronic media or equipment, services and materials used primarily for recreational purposes, except for those items and services needed for inmate training, religious, or educational purposes. Section 208 requires review by the Deputy Attorney General and the Department Investment Review Board prior to the obligation or expenditure of funds for major information technology projects. Section 209 requires the Department to follow reprogramming procedures prior to any deviation from the program amounts specified in this title or the reuse of specified deobligated funds provided in previous years. Section 210 prohibits the use of funds for A-76 competitions for work performed by employees of BOP or Federal Prison Industries, Inc. Section 211 prohibits U.S. Attorneys from holding additional responsibilities that exempt U.S. Attorneys from statutory residency requirements. Section 212 permits up to 2 percent of grant and reimbursement program funds made available to the OJP to be used for training and technical assistance and permits up to 2 percent of grant funds made available to that office to be used for criminal justice research, evaluation and statistics by the NIJ and the Bureau of Justice Statistics. Section 213 gives the Attorney General the authority to waive matching requirements for Second Chance Act adult and juvenile reentry demonstration projects; State, tribal, and local reentry courts; and drug treatment programs. Section 214 waives the requirement that the Attorney General reserve certain funds from amounts provided for offender incarceration. Section 215 prohibits funds, other than funds for the national instant criminal background check system established under the Brady Handgun Violence Prevention Act, from being used to facilitate the transfer of an operable firearm to a known or suspected agent of a drug cartel where law enforcement personnel do not continuously monitor or control such firearm. Section 216 places limitations on the obligation of funds from certain Department of Justice accounts and funding sources. Section 217 allows certain funding to be made available for use in Performance Partnership Pilots. Section 218 restates authority related to the Debt Collection Management (``three percent'') Fund, and requires the DOJ to notify the Committees of any transfers from the fund, in compliance with section 505 of this Act. Section 219 increases the threshold for balances in the United States Trustee System Fund. TITLE III SCIENCE Office of Science and Technology Policy The agreement includes $5,544,000 for the Office of Science and Technology Policy (OSTP). Research Integrity.--The agreement directs OSTP, as part of its coordinated assessment on current risks and threats to research integrity as directed by the Senate report, to also incorporate and apply the findings of the National Science Foundation JASON study to better protect the merit review system and for grantee institutions to maintain balance between openness and security of scientific research. National Space Council The agreement includes $1,965,000 for the activities of the National Space Council. National Aeronautics and Space Administration The agreement includes $22,629,000,000 for the National Aeronautics and Space Administration (NASA). NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [in thousands of dollars] ------------------------------------------------------------------------ Program Amount ------------------------------------------------------------------------ Science Earth Science....................................... $1,971,800 Planetary Science.................................. 2,713,400 Astrophysics....................................... 1,306,200 James Webb Space Telescope......................... 423,000 Heliophysics........................................ 724,500 --------------- Total, Science.................................. 7,138,900 --------------- Aeronautics............................................. 783,900 --------------- Space Technology........................................ 1,100,000 --------------- Exploration Exploration Systems Development.................... 4,582,600 Orion Multi-purpose Crew Vehicle............... 1,406,700 Space Launch System (SLS) Vehicle Deployment... 2,585,900 Exploration Ground Systems..................... 590,000 Exploration Research and Development................ 1,435,000 Advanced Exploration Systems................... 245,000 Advanced Cislunar and Surface Capabilities..... 600,000 Gateway......................................... 450,000 [[Page H10970]] Human Research Program.......................... 140,000 Total, Exploration.......................... 6,017,600 --------------- Space Operations........................................ 4,140,200 --------------- Science, Technology, Engineering, and Mathematics (STEM) Engagement NASA Space Grant................................... 48,000 EPSCoR............................................. 24,000 Minority University Research Education Project..... 36,000 STEM Education and Accountability Projects......... 12,000 Total, Science, Technology, Engineering, and 120,000 Mathematics (STEM) Engagement.................. --------------- Safety, Security and Mission Services................... 2,913,300 --------------- Construction and Environmental Compliance and 373,400 Restoration............................................ --------------- Office of Inspector General............................. 41,700 --------------- Total, NASA................................. $22,629,000 ------------------------------------------------------------------------ SCIENCE The agreement includes $7,138,900,000 for Science. Earth Science.--The agreement includes $1,971,800,000 for Earth Science and adopts all funding levels designated by the House and the Senate, except as follows. Plankton, Aerosol, Cloud ocean Ecosystem (PACE).--The agreement includes $131,000,000 for PACE. Climate Absolute Radiance and Refractivity Observatory (CLARREO).--The agreement includes $26,000,000 for CLARREO. Deep Space Climate Observatory (DSCOVR).--The agreement includes $1,700,000 for DSCOVR. Venture Class Missions.--The agreement includes $200,000,000 for Venture Class Missions. Earth Science Research and Analysis.--The agreement directs no less than $25,000,000 above the requested level for Earth Science Research and Analysis. Planetary Science.--The agreement includes $2,713,400,000 for Planetary Science. The agreement modifies House and Senate language regarding the Europa Clipper and Lander missions to reflect launch dates of 2025 for the Clipper and 2027 for the Lander. The agreement includes up to $300,000,000 for the Lunar Discovery and Exploration program, and up to $170,000,000 for Commercial Lunar Payload Services (CLPS). Discovery missions.--The agreement provides up to $502,700,000 for Discovery missions. New Frontiers.--The agreement includes up to $190,400,000 for New Frontiers missions. Mission to Detect, Track, and Characterize Near Earth Objects (NEO).--While NASA has discontinued efforts on the proposed Near-Earth Object Camera (NEOCam) mission, the agency has continued work with the NEOCam team on a more cost-effective space-based NEO survey mission to fulfill its obligations under the George E. Brown, Jr., Near-Earth Object Survey Act (P.L. 109-155), known as the Space-Based Infra-Red NEO Surveillance System. Within the Planetary Defense funding provided, the agreement includes $35,600,000 for further development of the NEO Surveillance mission. Icy Satellites Surface Technology.--The agreement includes up to $37,800,000 above the requested level for Icy Satellites Surface Technology. James Webb Space Telescope (JWST).--The agreement includes $423,000,000 for JWST. The agreement also includes a general provision to maintain the development cost cap for JWST at $8,802,700,000. NASA and its contractors should strictly adhere to this cap. Astrophysics.--The agreement includes $1,306,200,000 for Astrophysics. Astrophysics Research.--The agreement includes up to $250,700,000 for Astrophysics Research. Hubble Space Telescope.--The agreement includes $90,800,000 for the Hubble Space Telescope. Stratospheric Observatory for Infrared Astronomy (SOFIA).-- The agreement includes $85,200,000 for SOFIA's ongoing scientific mission. Wide-Field Infrared Survey Telescope (WFIRST).--The agreement includes no less than $510,700,000 for WFIRST. Within this total, the agreement also includes up to $65,000,000 for coronagraph technology development. The agreement emphasizes and reiterates Senate language regarding cost overruns, schedule delays, and adherence to the $3,200,000,000 cost cap. Heliophysics.--The agreement includes $724,500,000 for Heliophysics. AERONAUTICS The agreement includes $783,900,000 for Aeronautics. Aerosciences Evaluation and Test Capabilities (AETC).--The agreement consolidates and includes full funding for AETC within Aeronautics, as opposed to consolidation within Safety, Security, and Mission Services as recommended in the House report. SPACE TECHNOLOGY The agreement includes $1,100,000,000 for Space Technology. Regional Economic Development Program.--The agreement includes up to $8,000,000 for the Regional Economic Development Program. NASA is encouraged to expand the program to all 50 states. Nuclear Thermal Propulsion.--The agreement provides $110,000,000 for the development of nuclear thermal propulsion, of which not less than $80,000,000 shall be for the design of a flight demonstration by 2024 for which a multi-year plan is required by both the House and the Senate, within 180 days of enactment of this Act. Restore-L/SPace Infrastructure DExterous Robot (SPIDER).-- Senate and House report language regarding Restore-L is adopted. Restore-L will carry the SPace Infrastructure DExterous Robot (SPIDER) as a secondary payload, and the combined Restore-L/SPIDER mission plans to demonstrate both satellite servicing and in-space robotic manufacturing technologies. Thus, the agreement combines funding for these efforts and provides $227,200,000 for Restore-L/SPIDER with no less than $180,000,000 for Restore-L activities. Solar Electric Propulsion.--The agreement includes up to $48,100,000 for Solar Electric Propulsion activities. Flight Opportunities Program.--The agreement includes no less than $25,000,000 for the Flight Opportunities Program, of which $5,000,000 is dedicated for competitively-selected opportunities in support of payload development and flight of K-12 and collegiate educational payloads. Advanced Technologies to Support Air Revitalization Initiative.--The agreement addresses Advanced Technologies to Support Air Revitalization Initiative within the Exploration account. EXPLORATION The agreement includes $6,017,600,000 for Exploration. Orion Multi-Purpose Crew Vehicle.--The agreement includes $1,406,700,000 for the Orion Multi-Purpose Crew Vehicle. Space Launch System (SLS).--The agreement includes $2,585,900,000 for the Space Launch System (SLS). NASA is reminded that section 70102 of title 51, United States Code, explicitly authorizes the use of the SLS for, among other purposes, payloads and missions that contribute to extending human presence beyond low-Earth orbit, payloads and missions that would substantially benefit from the unique capabilities of the SLS, and other compelling circumstances, as determined by the Administrator. Exploration Upper Stage.--The agreement includes $300,000,000 for the Exploration Upper Stage and directs that it be developed simultaneously with the SLS core stage, to be used to the maximum extent practicable, including for Earth to Moon missions and a Moon landing, as directed in the House report. Exploration Ground Systems.--In lieu of direction in the House and Senate reports, the agreement includes $590,000,000 for Exploration Ground Systems. Second Mobile Launch Platform (MLP-2).-- In lieu of the House report language, the agreement includes no less than the request for MLP-2. Current funds for construction are believed to be sufficient for ongoing MLP-2 work which was contracted by NASA on July 25, 2019. Exploration Research and Development.--The agreement includes $1,435,000,000 for Exploration Research and Development, and directs that of that amount, $450,000,000 is for Gateway, $600,000,000 is for Advanced Cislunar and Surface Capabilities, $140,000,000 is for the Human Research Program, and $245,000,000 is for Advanced Exploration Systems. [[Page H10971]] Lunar Lander Development.--Senate report language regarding Lunar Lander Development is expanded to direct NASA to prioritize the selection of proposals that emphasize designs which reduce risk to schedule and engineering, and, above all, life. Advanced Technologies to Support Air Revitalization Initiative.--In lieu of the House report language in Space Technology, the agreement provides up to $3,500,000 for NASA's Advanced Technologies to Support Air Revitalization Initiative. SPACE OPERATIONS The agreement provides $4,140,200,000 for Space Operations, including $15,000,000 for commercial low-Earth orbit (LEO) development, as recommended by the Senate. NASA's Existing Communications Network and Infrastructure.--The fiscal year 2020 President's request includes $3,000,000 for a new Communication Services Program. The agreement includes up to $3,000,000 for these activities to explore the feasibility of using commercial communications services for LEO applications, but does not establish a new program office. It is noted that any transition would not occur until at least 2030, and that any transition or purchase of services would require approval and funding in future appropriations acts. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT The agreement includes $120,000,000 for Science, Technology, Engineering, and Mathematics (STEM) Engagement. Space Grant Program.--The agreement includes $48,000,000 for the Space Grant Program; directs that these amounts be allocated to State consortia for competitively awarded grants in support of local, regional, and national STEM needs; and directs that all 52 participating jurisdictions be supported at no less than $760,000 each. Established Program to Stimulate Competitive Research (EPSCoR).--The agreement includes $24,000,000 for EPSCoR. Minority University Research and Education Project (MUREP).--The agreement includes $36,000,000 for MUREP. STEM Education and Accountability Projects (SEAP).--The agreement includes $12,000,000 for the SEAP. Museums and Planetariums.--No less than $5,000,000 is provided for the Competitive Program for Science Museums, Planetariums, and NASA Visitor Centers within SEAP, and NASA is encouraged to follow the program's authorized purpose. SAFETY, SECURITY AND MISSION SERVICES The agreement includes $2,913,300,000 for Safety, Security and Mission Services. Challenger Center for Space Science Education Trust.--In tribute to the dedicated crew of the Space Shuttle Challenger, P.L. 100-404 established a trust fund known as the ``Science, Space, and Technology Education Trust Fund.'' There is concern with the continuing lack of availability of investment interest received from the Trust Fund for quarterly disbursements to the Challenger Center for Space Science Education. The agreement directs NASA to work with the Office of Management and Budget to secure the release of amounts previously withheld from the Trust Fund that were intended to support the continuity of the Trust Fund. NASA should work with the Department of the Treasury Fiscal Service to invest the Trust Fund corpus in par-value securities, as may be necessary, to ensure that NASA continues to meet the mandate to provide a minimum of $1,000,000 in annual payments to the Challenger Center for Space Science Education from interest earned. AETC.--The agreement addresses the AETC in the Aeronautics account. CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION The agreement includes $373,400,000 for Construction and Environmental Compliance and Restoration. Included in this amount is no less than $130,500,000 for NASA's three highest priority institutional construction of facilities projects. The agreement also includes the request for Construction of Facilities for Science, Exploration, and Space Operations. OFFICE OF INSPECTOR GENERAL The agreement includes $41,700,000 for the Office of Inspector General. ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFERS OF FUNDS) The agreement directs that not more than 40 percent of the amounts made available in this Act for the Gateway; Advanced Cislunar and Surface Capabilities; Commercial LEO Development; and Lunar Discovery and Exploration, excluding the Lunar Reconnaissance Orbiter, may be obligated until the Administrator submits a multi-year plan. The agreement also permits a transfer of funds from Exploration to Construction. National Science Foundation The agreement includes $8,278,330,000 for the National Science Foundation (NSF). RESEARCH AND RELATED ACTIVITIES The agreement includes $6,737,200,000 for Research and Related Activities, including $190,000,000 for EPSCoR. The agreement reiterates House and Senate report language regarding support for existing NSF research and research infrastructure and clarifies that this language excludes funding allocated in fiscal year 2019 for one-time upgrades or refurbishments. Artificial Intelligence (AI).--The agreement provides no less than the requested level for AI activities across NSF. U.S. Neutron Monitor Network.--The agreement adopts Senate report language regarding the network, except that NSF shall submit the required report in coordination with NASA and NOAA. It is noted that a multi-agency arrangement is in place to provide for the continuous operation of the Global Oscillation Network Group solar telescope network. NSF and its partner agencies are encouraged to consider a similar solution for neutron monitors. Historically Black Colleges and Universities Excellence in Research Program.--The agreement includes $18,000,000 for the Historically Black Colleges and Universities Excellence in Research program. Innovation Corps.--The agreement provides an increase of $5,000,000 above the fiscal year 2019 level for the Innovation Corps program and encourages NSF to facilitate greater participation in the program from academic institutions in States that have not previously received awards. MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION The agreement includes $243,230,000 for Major Research Equipment and Facilities Construction, including $65,000,000 for Mid-scale research infrastructure. EDUCATION AND HUMAN RESOURCES The agreement includes $940,000,000 for Education and Human Resources, including no less than $75,000,000 for the Advanced Technological Education program; no less than $35,000,000 for the Historically Black Colleges and Universities Undergraduate Program; $47,500,000 for Louis Stokes Alliance for Minority Participation; $15,000,000 for the Tribal Colleges and Universities Program; and $67,000,000 for the Robert Noyce Teacher Scholarship Program. Hispanic-Serving Institutions (HSIs).--The agreement provides $45,000,000 for the HSI program and adopts Senate report language regarding capacity building at institutions of higher education that typically do not receive high levels of NSF funding. AGENCY OPERATIONS AND AWARD MANAGEMENT The agreement includes $336,900,000 for Agency Operations and Award Management. NSF Reprogramming Notification.--In lieu of the Senate report language regarding the funding threshold for submission of reprogramming notifications, the agreement directs NSF to continue its current practice of using the longstanding funding threshold of $500,000 for reprogramming notifications. OFFICE OF THE NATIONAL SCIENCE BOARD The agreement includes $4,500,000 for the National Science Board. OFFICE OF INSPECTOR GENERAL The agreement includes $16,500,000 for the Office of Inspector General including additional resources to meet new and increasing investigative workloads. ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS) The agreement includes a provision that describes terms and conditions for the transfer of funds and a provision requiring notification at least 30 days in advance of the divestment of certain assets. TITLE IV RELATED AGENCIES Commission on Civil Rights SALARIES AND EXPENSES The agreement includes $10,500,000 for the Commission on Civil Rights. Equal Employment Opportunity Commission SALARIES AND EXPENSES The agreement includes $389,500,000 for the Equal Employment Opportunity Commission. International Trade Commission SALARIES AND EXPENSES The agreement includes $99,400,000 for the International Trade Commission. Legal Services Corporation PAYMENT TO THE LEGAL SERVICES CORPORATION The agreement includes $440,000,000 for the Legal Services Corporation. Marine Mammal Commission SALARIES AND EXPENSES The agreement includes $3,616,000 for the Marine Mammal Commission. Office of the United States Trade Representative The agreement includes a total of $69,000,000 for the Office of the U.S. Trade Representative (USTR). De Minimis Thresholds.--The Committees recognize the importance of securing commercially meaningful de minimis or ``duty-free'' thresholds in other countries, and strongly support the $800 de minimis level established in the Trade Facilitation and Trade Enforcement Act (TFTEA) and the higher de minimis levels in Canada and Mexico secured by USTR through the negotiation of the United States-Mexico-Canada Agreement (USMCA). SALARIES AND EXPENSES The agreement includes $54,000,000 for the salaries and expenses of USTR. TRADE ENFORCEMENT TRUST FUND (INCLUDING TRANSFER OF FUNDS) The agreement includes $15,000,000, which is to be derived from the Trade Enforcement Trust Fund, for trade enforcement activities and transfers authorized by the Trade Facilitation and Trade Enforcement Act of 2015. [[Page H10972]] State Justice Institute SALARIES AND EXPENSES The agreement includes $6,555,000 for the State Justice Institute. TITLE V GENERAL PROVISIONS (INCLUDING RESCISSIONS) (INCLUDING TRANSFER OF FUNDS) The agreement includes the following general provisions: Section 501 prohibits the use of funds for publicity or propaganda purposes unless expressly authorized by law. Section 502 prohibits any appropriation contained in this Act from remaining available for obligation beyond the current fiscal year unless expressly provided. Section 503 provides that the expenditure of any appropriation contained in this Act for any consulting service through procurement contracts shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law or existing Executive order issued pursuant to existing law. Section 504 provides that if any provision of this Act or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Act and the application of other provisions shall not be affected. Section 505 prohibits a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employee; (5) reorganizes or renames offices, programs, or activities; (6) contracts out or privatizes any function or activity presently performed by Federal employees; (7) augments funds for existing programs, projects, or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. Section 506 provides that if it is determined that any person intentionally affixes a ``Made in America'' label to any product that was not made in America that person shall not be eligible to receive any contract or subcontract with funds made available in this Act. The section further provides that to the extent practicable, with respect to purchases of promotional items, funds made available under this Act shall be used to purchase items manufactured, produced, or assembled in the United States or its territories or possessions. Section 507 requires quarterly reporting to Congress on the status of balances of appropriations. Section 508 provides that any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions in this Act, or, for the Department of Commerce, from actions taken for the care and protection of loan collateral or grant property, shall be absorbed within the budgetary resources available to the department or agency, and provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures. Section 509 prohibits funds made available in this Act from being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. This provision is not intended to impact routine international trade services to all U.S. citizens, including the processing of applications to establish foreign trade zones. Section 510 stipulates the obligations of certain receipts deposited into the Crime Victims Fund. Section 511 prohibits the use of Department of Justice funds for programs that discriminate against or denigrate the religious or moral beliefs of students participating in such programs. Section 512 prohibits the transfer of funds in this agreement to any department, agency, or instrumentality of the United States Government, except for transfers made by, or pursuant to authorities provided in, this agreement or any other appropriations Act. Section 513 requires certain timetables of audits performed by Inspectors General of the Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation and the Legal Services Corporation and sets limits and restrictions on the awarding and use of grants or contracts funded by amounts appropriated by this Act. Section 514 prohibits funds for acquisition of certain information systems unless the acquiring department or agency has reviewed and assessed certain risks. Any acquisition of such an information system is contingent upon the development of a risk mitigation strategy and a determination that the acquisition is in the national interest. Each department or agency covered under section 514 shall submit a quarterly report to the Committees on Appropriations describing reviews and assessments of risk made pursuant to this section and any associated findings or determinations. Section 515 prohibits the use of funds in this Act to support or justify the use of torture by any official or contract employee of the United States Government. Section 516 prohibits the use of funds to include certain language in trade agreements. Section 517 prohibits the use of funds in this Act to authorize or issue a National Security Letter (NSL) in contravention of certain laws authorizing the Federal Bureau of Investigation to issue NSLs. Section 518 requires congressional notification for any project within the Departments of Commerce or Justice, the National Science Foundation, or the National Aeronautics and Space Administration totaling more than $75,000,000 that has cost increases of 10 percent or more. Section 519 deems funds for intelligence or intelligence- related activities as authorized by the Congress until the enactment of the Intelligence Authorization Act for fiscal year 2020. Section 520 prohibits contracts or grant awards in excess of $5,000,000 unless the prospective contractor or grantee certifies that the organization has filed all Federal tax returns, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has no unpaid Federal tax assessment. (RESCISSIONS) Section 521 provides for rescissions of unobligated balances. Subsection (d) requires the Departments of Commerce and Justice, and NASA, to submit a report on the amount of each rescission. These reports shall include the distribution of such rescissions among decision units, or, in the case of rescissions from grant accounts, the distribution of such rescissions among specific grant programs, and whether such rescissions were taken from recoveries and deobligations, or from funds that were never obligated. Rescissions shall be applied to discretionary budget authority balances that were not appropriated with emergency or disaster relief designations. Section 522 prohibits the use of funds in this Act for the purchase of first class or premium air travel in contravention of the Code of Federal Regulations. Section 523 prohibits the use of funds to pay for the attendance of more than 50 department or agency employees, who are stationed in the United States, at any single conference outside the United States, unless the conference is: (1) a law enforcement training or operational event where the majority of Federal attendees are law enforcement personnel stationed outside the United States, or (2) a scientific conference for which the department or agency head has notified the House and Senate Committees on Appropriations that such attendance is in the national interest, along with the basis for such determination. Section 524 requires any department, agency, or instrumentality of the United States Government receiving funds appropriated under this Act to track and report on undisbursed balances in expired grant accounts. Section 525 requires, when practicable, the use of funds in this Act to purchase light bulbs that have the ``Energy Star'' or ``Federal Energy Management Program'' designation. Section 526 prohibits the use of funds by NASA, OSTP, or the National Space Council (NSC) to engage in bilateral activities with China or a Chinese-owned company or effectuate the hosting of official Chinese visitors at certain facilities unless the activities are authorized by subsequent legislation or NASA, OSTP, or NSC have made a certification pursuant to subsections (c) and (d) of this section. Section 527 prohibits the use of funds to establish or maintain a computer network that does not block pornography, except for law enforcement and victim assistance purposes. Section 528 requires the departments and agencies funded in this Act to submit spending plans. Section 529 prohibits funds to pay for award or incentive fees for contractors with below satisfactory performance or performance that fails to meet the basic requirements of the contract. Section 530 prohibits the use of funds by the Department of Justice or the Drug Enforcement Administration in contravention of a certain section of the Agricultural Act of 2014. Section 531 prohibits the Department of Justice from preventing certain States from implementing State laws regarding the use of medical marijuana. Section 532 requires quarterly reports from the Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation of travel to China. Section 533 requires 10 percent of the funds for certain programs be allocated for assistance in persistent poverty counties. Section 534 includes language regarding detainees held at Guantanamo Bay. Section 535 includes language regarding facilities for housing detainees held at Guantanamo Bay. Section 536 limits formulation and development costs for the James Webb Space Telescope. Section 537 prohibits the use of funds in this Act to require certain export licenses. Section 538 prohibits the use of funds in this Act to deny certain import applications [[Page H10973]] regarding ``curios or relics'' firearms, parts, or ammunition. Section 539 prohibits funds from being used to deny the importation of shotgun models if no application for the importation of such models, in the same configuration, had been denied prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes. Section 540 prohibits the use of funds to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. [[Page H10974]] [GRAPHIC] [TIFF OMITTED] TH161219.600 [[Page H10975]] [GRAPHIC] [TIFF OMITTED] TH161219.601 [[Page H10976]] [GRAPHIC] [TIFF OMITTED] TH161219.602 [[Page H10977]] [GRAPHIC] [TIFF OMITTED] TH161219.603 [[Page H10978]] [GRAPHIC] [TIFF OMITTED] TH161219.604 [[Page H10979]] [GRAPHIC] [TIFF OMITTED] TH161219.605 [[Page H10980]] [GRAPHIC] [TIFF OMITTED] TH161219.606 [[Page H10981]] [GRAPHIC] [TIFF OMITTED] TH161219.607 [[Page H10982]] [GRAPHIC] [TIFF OMITTED] TH161219.608 [[Page H10983]] [GRAPHIC] [TIFF OMITTED] TH161219.609 [[Page H10984]] [GRAPHIC] [TIFF OMITTED] TH161219.610 [[Page H10985]] [GRAPHIC] [TIFF OMITTED] TH161219.611 [[Page H10986]] [GRAPHIC] [TIFF OMITTED] TH161219.612 [[Page H10987]] [GRAPHIC] [TIFF OMITTED] TH161219.613 [[Page H10988]] [GRAPHIC] [TIFF OMITTED] TH161219.614 [[Page H10989]] [GRAPHIC] [TIFF OMITTED] TH161219.615 [[Page H10990]] DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2020 The joint explanatory statement accompanying this division is approved and indicates congressional intent. Unless otherwise noted, the language set forth in House Report 116- 122 and Senate Report 116-111 carries the same weight as language included in this joint explanatory statement and should be complied with unless specifically addressed to the contrary in this joint explanatory statement. While some language is repeated for emphasis, it is not intended to negate the language referred to above unless expressly provided herein. Reports.--Where the House or Senate has directed submission of a report, that report is to be submitted to the Committees on Appropriations of the House and Senate. Agencies funded by this Act that currently provide separate copies of periodic reports and correspondence to the chairs and ranking members of the House and Senate Appropriations Committees and Subcommittees on Financial Services and General Government are directed to use a single cover letter jointly addressed to the chairs and ranking members of the Committees and Subcommittees of both the House and the Senate. To the greatest extent feasible, agencies should include in the cover letter a reference or hyperlink to facilitate electronic access to the report and provide the documents by electronic mail delivery. These measures will help reduce costs, conserve paper, expedite agency processing, and ensure that consistent information is conveyed concurrently to the majority and minority committee offices of both chambers of Congress. Pursuant to section 608, agencies funded by this bill are required to consult the Committees on Appropriations of the House and the Senate prior to any significant reorganization, restructuring, relocation, or closing of offices, programs, or activities. These decisions have the potential to impact funding needs in future years and may conflict with the rationale behind the appropriated levels in the current year; therefore, these actions, particularly those that entail out- year impacts, merit advanced engagement with the Committees. Should any questions arise relating to the applicability of these provisions to a potential action or decision, agencies are expected to confer with the Committees on Appropriations of the House and Senate prior to completing the decision- making process. The agreement also clarifies that reorganizations or consolidations of programs or offices that entail relocating a material number of employees to a different locality pay area are significant for the purposes of section 608. The agreement notes concerns regarding excessive spending on Federal furniture in previous fiscal years by executive agency heads without proper notification to the Committees on Appropriations of the House and the Senate. Federal agencies are expected to comply with the provisions in section 710 of this bill. TITLE I DEPARTMENT OF THE TREASURY Departmental Offices SALARIES AND EXPENSES The bill provides $228,373,000 for departmental offices salaries and expenses. The total includes full funding for implementation of Committee on Foreign Investment in the United States activities. Cybersecurity.--In lieu of House report language on cybersecurity, the agreement includes a $4,000,000 increase over the fiscal year 2019 level for the Office of Critical Infrastructure Protection (OCIP) to work with the financial services sector and its customers to protect against cyberattacks. As part of the Department's fiscal year 2020 financial plan, OCIP shall detail how these additional funds will be used by activity and how these efforts will produce measurable results. COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND (INCLUDING TRANSFER OF FUNDS) The bill provides $20,000,000 for the Committee on Foreign Investment in the United States Fund. OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE SALARIES AND EXPENSES The bill provides $169,712,000 for the Office of Terrorism and Financial Intelligence. CYBERSECURITY ENHANCEMENT ACCOUNT The bill provides $18,000,000 for the Cybersecurity Enhancement Account. DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS (INCLUDING TRANSFER OF FUNDS) The bill provides $6,118,000 for the Department-Wide Systems and Capital Investments Programs. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES The bill provides $41,044,000 for salaries and expenses of the Office of Inspector General. TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION SALARIES AND EXPENSES The bill provides $170,250,000 for salaries and expenses of the Treasury Inspector General for Tax Administration. SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM SALARIES AND EXPENSES The bill provides $22,000,000 for salaries and expenses of the Office of the Special Inspector General for the Troubled Asset Relief Program. Financial Crimes Enforcement Network SALARIES AND EXPENSES The bill provides $126,000,000 for salaries and expenses for the Financial Crimes Enforcement Network (FinCEN). Trade-Based Money Laundering.--Within the funds provided, FinCEN shall contract with an external vendor that will thoroughly assess the risk that trade-based money laundering and other forms of illicit finance pose to national security. Bureau of the Fiscal Service SALARIES AND EXPENSES The bill provides $340,280,000 for salaries and expenses of the Bureau of the Fiscal Service. Alcohol and Tobacco Tax and Trade Bureau SALARIES AND EXPENSES The bill provides $119,600,000 for salaries and expenses of the Alcohol and Tobacco Tax and Trade Bureau. United States Mint UNITED STATES MINT PUBLIC ENTERPRISE FUND The bill specifies that not more than $30,000,000 in new liabilities and obligations may be incurred during fiscal year 2020 for circulating coinage and protective service capital investments of the U.S. Mint. Community Development Financial Institutions Fund Program Account The bill provides $262,000,000 for the Community Development Financial Institutions (CDFI) Fund program. Within this amount, not less than $165,500,000 is for financial and technical assistance grants, of which up to $4,000,000 may be used to provide technical and financial assistance to CDFIs that fund projects to help individuals with disabilities; of which not less than $2,000,000 is for the Economic Mobility Corps; not less than $16,000,000 is for technical assistance and other purposes for Native American, Native Hawaiian, and Alaska Native communities; not less than $25,000,000 is for the Bank Enterprise Award program; not less than $22,000,000 is for the Healthy Food Financing Initiative; not less than $5,000,000 for a small dollar loan initiative; and up to $28,500,000 is for administrative expenses, of which $1,000,000 is for the development of information technology tools to better measure and assess CDFI investment performance, improve data quality, and enable more efficient allocation of CDFI Fund resources. The bill limits the total loan principal for the Bond Guarantee program to $500,000,000. The agreement adopts the Senate report language on the Economic Mobility Corps and includes $2,000,000 for the initiative. The CDFI Fund is directed to brief the Committees on Appropriations of the House and Senate within 60 days of enactment of this Act on its plans to implement this initiative. Internal Revenue Service The agreement notes that the Internal Revenue Service (IRS) shall be in compliance with section 6103 of the Internal Revenue Code with all reporting requirements. TAXPAYER SERVICES The bill provides $2,511,554,000 for Taxpayer Services. Within the overall amount, not less than $11,000,000 is for the Tax Counseling for the Elderly Program, not less than $12,000,000 is for low-income taxpayer clinic grants, and not less than $209,000,000 is provided for operating expenses of the IRS Taxpayer Advocate Service, of which not less than $5,500,000 is for identity theft casework. In addition, within the overall amount provided, not less than $25,000,000 is available until September 30, 2021, for the Community Volunteer Income Tax Assistance Matching Grants Program. ENFORCEMENT The bill provides $5,010,000,000 for Enforcement, of which up to $15,000,000 is for investigative technology for the Criminal Investigation Division, to support their critical law enforcement mission. OPERATIONS SUPPORT The bill provides $3,808,500,000 for Operations Support, of which $10,000,000 is for a Federal contractor tax check system. BUSINESS SYSTEMS MODERNIZATION The bill provides $180,000,000 for Business Systems Modernization (BSM). The total includes funding for Customer Account Data Engine 2, Enterprise Case Management System, and cybersecurity and data protection. In lieu of the House and Senate reporting requirements on BSM, IRS is directed to submit quarterly reports to the Committees on Appropriations of the House and Senate and the Government Accountability Office (GAO) during fiscal year 2020, no later than 30 days following the end of each calendar quarter, on the status of BSM-funded items in this bill. In addition, GAO is directed to conduct an annual review of BSM-funded initiatives. The agreement does not include funding to develop a system to provide taxpayers with a proposed final return or statement for use to satisfy a filing or reporting requirement under the Internal Revenue Code. ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE (INCLUDING TRANSFER OF FUNDS) The bill includes the following provisions: [[Page H10991]] Section 101 provides transfer authority. Section 102 requires the IRS to maintain an employee training program on topics such as taxpayers' rights. Section 103 requires the IRS to safeguard taxpayer information and to protect taxpayers against identity theft. Section 104 permits funding for 1-800 help line services for taxpayers and directs the Commissioner to make improving phone service a priority and to enhance response times. Section 105 requires the IRS to issue notices to employers of any address change request and to give special consideration to offers in compromise for taxpayers who have been victims of payroll tax preparer fraud. Section 106 prohibits the use of funds by the IRS to target United States citizens for exercising any right guaranteed under the First Amendment to the Constitution. Section 107 prohibits the use of funds by the IRS to target groups for regulatory scrutiny based on their ideological beliefs. Section 108 requires the IRS to comply with procedures and policies on conference spending in accordance with IRS policies issued as a result of Treasury Inspector General for Tax Administration recommendations. Section 109 prohibits funds for giving bonuses to employees or hiring former employees without considering conduct and compliance with Federal tax law. Section 110 prohibits the IRS from using funds made available by this Act to contravene a provision of the Internal Revenue Code of 1986 related to the confidentiality and disclosure of returns and return information. Administrative Provisions--Department of the Treasury (INCLUDING TRANSFERS OF FUNDS) Section 111 allows Treasury to use funds for certain specified expenses. Section 112 allows for the transfer of up to 2 percent of funds among various Treasury bureaus and offices. Section 113 allows for the transfer of up to 2 percent from the IRS accounts to the Treasury Inspector General for Tax Administration. Section 114 prohibits funding to redesign the $1 note. Section 115 allows for the transfer of funds from the Bureau of the Fiscal Service-Salaries and Expenses to the Debt Collection Fund conditional on future reimbursement. Section 116 prohibits funds to build a United States Mint museum without the approval of the Committees on Appropriations of the House and Senate and the authorizing committees of jurisdiction. Section 117 prohibits funding for consolidating the functions of the United States Mint and the Bureau of Engraving and Printing without the approval of the Committees on Appropriations of the House and Senate and the authorizing committees of jurisdiction. Section 118 specifies that funds for Treasury intelligence activities are deemed to be specifically authorized until enactment of the fiscal year 2020 Intelligence Authorization Act. Section 119 permits the Bureau of Engraving and Printing to use up to $5,000 from the Industrial Revolving Fund for reception and representation expenses. Section 120 requires the Secretary to submit a Capital Investment Plan. Section 121 requires a Franchise Fund report. Section 122 prohibits the Department from finalizing any regulation related to the standards used to determine the tax-exempt status of a 501(c)(4) organization. Section 123 requires the Office of Financial Research and Office of Financial Stability to submit quarterly reports. Section 124 provides funding for the digitization of unclaimed U.S. savings bonds. TITLE II EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT The White House SALARIES AND EXPENSES The bill provides $55,000,000 for the salaries and expenses of the White House. Executive Residence at the White House OPERATING EXPENSES The bill provides $13,081,000 for the Executive Residence at the White House. White House Repair and Restoration The bill provides $750,000 for repair, alteration and improvement of the Executive Residence at the White House. Council of Economic Advisers SALARIES AND EXPENSES The bill provides $4,000,000 for salaries and expenses of the Council of Economic Advisers. National Security Council and Homeland Security Council SALARIES AND EXPENSES The bill provides $11,500,000 for salaries and expenses of the National Security Council and Homeland Security Council, of which not to exceed $5,000 is available for official reception and representation expenses. Office of Administration SALARIES AND EXPENSES The bill provides $94,000,000 for salaries and expenses of the Office of Administration, of which not more than $12,800,000 is for information technology modernization. Office of Management and Budget SALARIES AND EXPENSES The bill provides $101,600,000 for the salaries and expenses of the Office of Management and Budget (OMB). Official Poverty Measure.--The agreement notes that OMB is considering promulgating new standards for calculation of the Official Poverty Measure. OMB is urged to carefully consider the impacts of any changes to the Official Poverty Measure calculation method on those in need of Federal poverty assistance before implementing a new standard. Apportionment Transparency.--The agreement seeks greater transparency into OMB's apportionment process. To that end, OMB is directed to work with the House and Senate Committees on Appropriations to develop a process to share information regarding apportionments, including any associated footnotes, electronically in a practicable and timely manner. Intellectual Property Enforcement Coordinator The bill provides $1,300,000 for the Intellectual Property Enforcement Coordinator. Office of National Drug Control Policy SALARIES AND EXPENSES The bill provides $18,400,000 for salaries and expenses of the Office of National Drug Control Policy (ONDCP). This funding level is provided to enable ONDCP to hire support positions that are critically needed to effectively carry out the agency's day-to-day operations and to balance out the workforce in ONDCP's currently top-heavy organization. Positions funded at ONDCP should be consistent with organizational charts previously provided to Congress in the most recent reorganization notifications. FEDERAL DRUG CONTROL PROGRAMS HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM (INCLUDING TRANSFERS OF FUNDS) The bill provides $285,000,000 for the High Intensity Drug Trafficking Areas Program. OTHER FEDERAL DRUG CONTROL PROGRAMS (INCLUDING TRANSFERS OF FUNDS) The bill provides $121,715,000 for other federal drug control programs. The agreement allocates funds among specific programs as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Drug-Free Communities Program........................... $101,250,000 (Training).......................................... (2,500,000) Drug court training and technical assistance............ 2,500,000 Anti-Doping activities.................................. 10,000,000 World Anti-Doping Agency (U.S. membership dues)......... 2,715,000 Model Acts Program...................................... 1,250,000 Community-based coalition enhancement grants (CARA 4,000,000 Grants)................................................ ------------------------------------------------------------------------ Unanticipated Needs The bill provides $1,000,000 for unanticipated needs of the President. Within 180 days of enactment of this Act, the Office of Administration is directed to report to the House and Senate Committees on Appropriations on the use of funds appropriated under this heading. Information Technology Oversight and Reform (INCLUDING TRANSFER OF FUNDS) The bill provides $15,000,000 for information technology oversight and reform activities. Special Assistance to the President SALARIES AND EXPENSES The bill provides $4,288,000 for salaries and expenses to enable the Vice President to provide special assistance to the President. Official Residence of the Vice President OPERATING EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $302,000 for operating expenses for the official residence of the Vice President. ADMINISTRATIVE PROVISIONS--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT (INCLUDING TRANSFER OF FUNDS) The bill includes the following administrative provisions: Section 201 provides transfer authority among various Executive Office of the President accounts. Section 202 requires the Director of the OMB to include a statement of budgetary impact with any Executive order issued or revoked during fiscal year 2020 and for Presidential memoranda estimated to have a regulatory cost in excess of $100,000,000. Section 203 requires the Director of the OMB to issue a memorandum to all Federal departments, agencies, and corporations directing compliance with title VII of this Act. TITLE III THE JUDICIARY Supreme Court of the United States SALARIES AND EXPENSES The bill provides $87,699,000 for salaries and expenses of the Supreme Court. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief justice and associate justices of the court. CARE OF THE BUILDING AND GROUNDS The bill provides $15,590,000 for the care of the Supreme Court building and grounds. [[Page H10992]] United States Court of Appeals for the Federal Circuit SALARIES AND EXPENSES The bill provides $32,700,000 for salaries and expenses of the United States Court of Appeals for the Federal Circuit. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief judge and judges of the court. United States Court of International Trade SALARIES AND EXPENSES The bill provides $19,564,000 for salaries and expenses of the United States Court of International Trade. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief judge and judges of the court. Courts Of Appeals, District Courts, And Other Judicial Services SALARIES AND EXPENSES The bill provides $5,250,234,000 for salaries and expenses of the Courts of Appeals, District Courts, and Other Judicial Services. In addition, the bill provides mandatory costs as authorized by current law for the salaries of circuit and district judges (including judges of the territorial courts of the United States), bankruptcy judges, and justices and judges retired from office or from regular active service. The bill also provides $9,070,000 from the Vaccine Injury Compensation Trust Fund. DEFENDER SERVICES The bill provides $1,234,574,000 for Defender Services. FEES OF JURORS AND COMMISSIONERS The bill provides $53,545,000 for Fees of Jurors and Commissioners. COURT SECURITY (INCLUDING TRANSFER OF FUNDS) The bill provides $639,165,000 for Court Security. Administrative Office of the United States Courts SALARIES AND EXPENSES The bill provides $94,261,000 for salaries and expenses of the Administrative Office of the United States Courts. Federal Judicial Center SALARIES AND EXPENSES The bill provides $30,436,000 for salaries and expenses of the Federal Judicial Center. United States Sentencing Commission SALARIES AND EXPENSES The bill provides $19,670,000 for salaries and expenses of the United States Sentencing Commission. ADMINISTRATIVE PROVISIONS--THE JUDICIARY (INCLUDING TRANSFER OF FUNDS) The bill includes the following administrative provisions: Section 301 makes funds appropriated for salaries and expenses available for services authorized by 5 U.S.C. 3109. Section 302 provides transfer authority among Judiciary appropriations. Section 303 permits not more than $11,000 to be used for official reception and representation expenses of the Judicial Conference. Section 304 extends through fiscal year 2020 the delegation of authority to the Judiciary for contracts for repairs of less than $100,000. Section 305 continues a pilot program where the United States Marshals Service provides perimeter security services at selected courthouses. Section 306 extends temporary judgeships in the eastern district of Missouri, Kansas, Arizona, the central district of California, the northern district of Alabama, the southern district of Florida, New Mexico, the western district of North Carolina, the eastern district of Texas, and Hawaii. TITLE IV DISTRICT OF COLUMBIA Federal Funds FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT The bill provides $40,000,000 for District of Columbia resident tuition support. FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE DISTRICT OF COLUMBIA The bill provides $18,000,000 for emergency planning and security costs in the District of Columbia to remain available until expended. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS The bill provides $250,088,000 for the District of Columbia courts, of which $14,682,000 is for the D.C. Court of Appeals, $125,638,000 is for the Superior Court, $75,518,000 is for the D.C. Court System, and $34,250,000 is for capital improvements to courthouse facilities. FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS The bill provides $46,005,000 for defender services in the District of Columbia. FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA The bill provides $248,524,000 for court services and offender supervision in the District of Columbia. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE The bill provides $44,011,000 for public defender services in the District of Columbia. FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL The bill provides $2,150,000 for the Criminal Justice Coordinating Council. FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS The bill provides $600,000 for Judicial Commissions. Within the amount provided, $325,000 is for the Commission on Judicial Disabilities and Tenure and $275,000 is for the Judicial Nomination Commission. FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT The bill provides $52,500,000 for school improvement in the District of Columbia to be distributed in accordance with the provisions of the Scholarships for Opportunity and Results Act (SOAR Act). The funds are to be allocated evenly between District of Columbia public schools, charter schools, and opportunity scholarships as authorized by law. Of the funds allocated for the SOAR Act, $1,200,000 is for administrative expenses and $500,000 is for evaluation costs. FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD The bill provides $413,000 for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program. FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS The bill provides $4,000,000 for the purpose of HIV/AIDS testing and treatment. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY The bill provides $8,000,000 for the District of Columbia Water and Sewer Authority. District of Columbia Funds The bill provides authority for the District of Columbia to spend its local funds in accordance with the Fiscal Year 2020 Budget Request Act of 2019. TITLE V INDEPENDENT AGENCIES Administrative Conference of the United States SALARIES AND EXPENSES The bill provides $3,250,000, to remain available until September 30, 2021, for the Administrative Conference of the United States. Consumer Product Safety Commission SALARIES AND EXPENSES The bill provides $132,500,000 for the Consumer Product Safety Commission (CPSC). Within the amount provided, $1,300,000 is available until expended for the pool and spa safety grants program established by the Virginia Graeme Baker Pool and Spa Safety Act. In lieu of the House directives captioned Recreational Off- Highway Vehicles (ROV) Safety and Safety Report, the Commission is directed to submit a report, within 180 days of the enactment of this Act, providing a detailed assessment of safety matters related to strollers, residential elevators, inclined sleepers, and ROVs, including up-to-date injury and death statistics, actions by the Office of Compliance and Field Operations (including number of corrective actions and civil penalties), and an assessment of all safety hazards. The Commission is further directed to cooperate with oversight requests from all appropriate Congressional committees. Child Nicotine Poisoning Prevention Act.--The CPSC is directed to provide a full briefing, within 60 days of the enactment of this Act, on the Commission's enforcement of the Child Nicotine Poisoning Prevention Act of 2015. ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY COMMISSION Section 501 prohibits the use of Federal funds in fiscal year 2020 for the adoption or implementation of the proposed rule on ROVs until a study by the National Academy of Sciences is completed. Election Assistance Commission SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $15,171,000 for salaries and expenses of the Election Assistance Commission. ELECTION SECURITY GRANTS The bill provides $425,000,000 to the Election Assistance Commission to make payments to states for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, as authorized under sections 101, 103, and 104 of the Help America Vote Act (HAVA) of 2002 (P.L. 107-252). Consistent with the requirements of HAVA, states may use this funding to: replace voting equipment that only records a voter's intent electronically with equipment that utilizes a voter-verified paper record; implement a post- election audit system that provides a high-level of confidence in the accuracy of the final vote tally; upgrade election-related computer systems to address cyber vulnerabilities identified through DHS or similar scans or assessments of existing election systems; facilitate cybersecurity training for the state chief election official's office and local election officials; implement established cybersecurity best practices for election systems; and fund other activities that will improve the security of elections for Federal office. Federal Communications Commission SALARIES AND EXPENSES The bill provides $339,000,000 for salaries and expenses of the Federal Communications [[Page H10993]] Commission (FCC). The bill provides that $339,000,000 be derived from offsetting collections, resulting in no net appropriation. Tribal Broadband.--In lieu of House and Senate report language on broadband connectivity on Tribal lands, it is noted that concerns remain about the lack of access to broadband services in these areas. The FCC is encouraged to use all available resources to increase funding for consultation with Federally recognized Indian tribes, Alaska Native villages, and entities related to Hawaiian home lands; other work by the Office of Native Affairs and Policy (ONAP); and associated work from other bureaus and offices in support of ONAP. ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION Section 510 extends an exemption from the Antideficiency Act for the Universal Service Fund (USF). Section 511 prohibits the FCC from changing rules governing the USF regarding single connection or primary line restrictions. Federal Deposit Insurance Corporation OFFICE OF THE INSPECTOR GENERAL The bill provides a transfer of $42,982,000 to fund the Office of Inspector General (OIG) for the Federal Deposit Insurance Corporation. The OIG's appropriations are derived from the Deposit Insurance Fund and the Federal Savings and Loan Insurance Corporation Resolution Fund. Federal Election Commission SALARIES AND EXPENSES The bill provides $71,497,000 for salaries and expenses of the Federal Election Commission. Online Campaign Advertisements.--In lieu of the House report language, the Commission is directed to brief the House and Senate Committees on Appropriations on its rulemaking proposals related to disclaimers on public communications on the internet within 90 days of enactment of this Act. Federal Labor Relations Authority SALARIES AND EXPENSES The bill provides $24,890,000 for the Federal Labor Relations Authority (FLRA). Collective Bargaining.--FLRA is directed to submit a report within 90 days of enactment of this Act to the Committees on Appropriations of the House and Senate detailing the impact by agency of Executive Orders 13836, ``Developing Efficient, Effective, and Cost-Reducing Approaches to Federal Sector Collective Bargaining'', 13837, ``Ensuring Transparency, Accountability, and Efficiency in Taxpayer-Funded Union Time Use'', and 13839, ``Promoting Accountability and Streamlining Removal Procedures Consistent With Merit System Principles''. Federal Permitting Improvement Steering Council ENVIRONMENTAL REVIEW IMPROVEMENT FUND (INCLUDING TRANSFER OF FUNDS) The bill provides $8,000,000 for the Federal Permitting Improvement Steering Council's Environmental Review Improvement Fund. Federal Trade Commission SALARIES AND EXPENSES The bill provides $331,000,000 for salaries and expenses of the Federal Trade Commission (FTC). This appropriation is partially offset by premerger filing and Telemarketing Sales Rule fees estimated at $141,000,000 and $18,000,000, respectively. The agreement provides the FTC with substantial additional resources above its budget request. The FTC is directed to prioritize additional resources for both its Protecting Consumers and Promoting Competition programs. The agreement recognizes that report directives included in the House and Senate reports do not contemplate the exercise of authorities under section 6(b) of the FTC Act. The agreement does not adopt the Senate report directive concerning social media algorithms. General Services Administration REAL PROPERTY ACTIVITIES FEDERAL BUILDINGS FUND LIMITATIONS ON AVAILABILITY OF REVENUE (INCLUDING TRANSFERS OF FUNDS) The bill provides resources from the General Services Administration (GSA) Federal Buildings Fund totaling $8,856,530,000. Rental Rates.--The agreement does not adopt language in House report 116-122 requiring the submission of a report on certain rental rates. In lieu of the House report directive captioned Old Post Office Lease Agreement, the agreement notes the findings of GSA's Office of Inspector General report JE19-002 and its recommendations. Flood Resiliency.--GSA is directed to report on the resiliency of Federal buildings located in flood prone areas as directed in the Senate report within 270 days. Construction and Acquisition.--The bill provides $152,400,000 for construction and acquisition. The report on land ports-of-entry in the construction account as required in House Report 116-122 should be produced within 90 days of enactment of this Act. CONSTRUCTION AND ACQUISITION ------------------------------------------------------------------------ State Description Amount ------------------------------------------------------------------------ AZ............................... San Luis, United $152,400,000 States Land Port of Entry. ------------------------------------------------------------------------ Repairs and Alterations.--The bill provides $833,752,000 for repairs and alterations. Funds are provided in the amounts indicated: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Major Repairs and Alterations........................... $451,695,000 Basic Repairs and Alterations........................... 382,057,000 ------------------------------------------------------------------------ For Major Repairs and Alterations, GSA is directed to submit a spending plan, by project, as specified in Section 526 of this Act to the Committees on Appropriations of the House and Senate and to provide notification to the Committees no less than 15 days prior to any changes in the use of these funds. Rental of Space.--The bill provides $5,497,561,000 for rental of space. Building Operations.--The bill provides $2,372,817,000 for building operations. GENERAL ACTIVITIES GOVERNMENT-WIDE POLICY The bill provides $64,000,000 for GSA government-wide policy activities. City-Pair Program.--The report directive on City Pair contained in House Report 116-122 is modified to require submission of the report within 90 days of enactment of this Act. OPERATING EXPENSES The bill provides $49,440,000 for operating expenses. CIVILIAN BOARD OF CONTRACT APPEALS The bill provides $9,301,000 for the Civilian Board of Contract Appeals. OFFICE OF INSPECTOR GENERAL The bill provides $67,000,000 for the Office of Inspector General. ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS The bill provides $3,851,000 for allowances and office staff for former Presidents. FEDERAL CITIZEN SERVICES FUND (INCLUDING TRANSFER OF FUNDS) The bill provides $55,000,000 for deposit into the Federal Citizen Services Fund (the Fund) and authorizes use of appropriations, revenues and collections in the Fund in an aggregate amount not to exceed $100,000,000. PRE-ELECTION PRESIDENTIAL TRANSITION (INCLUDING TRANSFER OF FUNDS) The bill provides $9,620,000 for activities authorized by the Pre-Election Presidential Transition Act of 2010 (Public Law 111-283). TECHNOLOGY MODERNIZATION FUND The bill provides $25,000,000 for the Technology Modernization Fund. ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) Section 520 specifies that funds are available for hire of motor vehicles. Section 521 authorizes transfers within the Federal Buildings Fund, with advance approval of the Committees on Appropriations of the House and Senate. Section 522 requires transmittal of a fiscal year 2021 request for courthouse construction that meets design guide standards, reflects the priorities in the Judicial Conference's 5-year construction plan, and includes a standardized courtroom utilization study. Section 523 specifies that funds in this Act may not be used to increase the amount of occupiable space or provide services such as cleaning or security for any agency that does not pay the rental charges assessed by GSA. Section 524 permits GSA to pay certain construction-related claims against the Federal Government from savings achieved in other projects. Section 525 requires that the delineated area of procurement for leased space match the approved prospectus, unless the Administrator provides an explanatory statement to the appropriate congressional committees. Section 526 requires a spending plan for certain accounts and programs. Section 527 provides $3,000,000 to the Administrator to implement changes to the System for Award Management providing for submission of authenticated certification. Harry S Truman Scholarship Foundation SALARIES AND EXPENSES The bill provides $1,670,000 for payment to the Harry S Truman Scholarship Foundation Trust Fund. Merit Systems Protection Board SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $46,835,000, to remain available until September 30, 2021, for the salaries and expenses of the Merit Systems Protection Board. Within the amount provided, $44,490,000 is a direct appropriation and $2,345,000 is a transfer from the Civil Service Retirement and Disability Fund to adjudicate retirement appeals. Morris K. Udall and Stewart L. Udall Foundation MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND (INCLUDING TRANSFER OF FUNDS) The bill provides $1,800,000 for payment to the Morris K. Udall and Stewart L. Udall Trust Fund. ENVIRONMENTAL DISPUTE RESOLUTION FUND The bill provides $3,200,000 for payment to the Environmental Dispute Resolution Fund. National Archives and Records Administration OPERATING EXPENSES The bill provides $359,000,000 for the operating expenses of the National Archives and Records Administration. Of this amount, $22,000,000 shall remain available until expended for the repair and alteration of the [[Page H10994]] National Archives facility in College Park, Maryland, and related improvements, and up to $2,000,000 shall remain available until expended to implement the Civil Rights Cold Case Records Collection Act of 2018 (Public Law 115-426). OFFICE OF INSPECTOR GENERAL The bill provides $4,823,000 for the Office of Inspector General. REPAIRS AND RESTORATION The bill provides $7,500,000 for repairs and restoration. NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM The bill provides $6,500,000 for the National Historical Publications and Records Commission (NHPRC) grants program. The NHPRC is urged to continue to support the completion of documentary editions through the NHPRC Grants Program and support the scholarly presentation of our country's most treasured historical documents. National Credit Union Administration COMMUNITY DEVELOPMENT REVOLVING LOAN FUND The bill provides $1,500,000 for the Community Development Revolving Loan Fund. Office of Government Ethics SALARIES AND EXPENSES The bill provides $17,500,000 for salaries and expenses of the Office of Government Ethics. Office of Personnel Management SALARIES AND EXPENSES (INCLUDING TRANSFER OF TRUST FUNDS) The bill provides $299,755,000 for salaries and expenses of the Office of Personnel Management (OPM). Within the amount provided, $145,130,000 is a direct appropriation and $154,625,000 is a transfer from OPM trust funds. The bill provides $14,000,000 to remain available until expended for OPM to improve information technology infrastructure modernization and the Trust Fund Federal Financial System migration or modernization. The bill does not provide funds requested in the President's Budget for the purposes of merging OPM and GSA. In lieu of the House Government Accountability Office (GAO) reports, GAO is directed to provide briefings concerning the USAJOBS website and Federal Financial System modernization within 180 days of enactment of this Act. OPM is urged to fill critical vacancies such as informational technology and human resource positions. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF TRUST FUNDS) The bill provides $30,265,000 for salaries and expenses of the Office of Inspector General. Within the amount provided, $5,000,000 is a direct appropriation and $25,265,000 is a transfer from OPM trust funds. Office of Special Counsel SALARIES AND EXPENSES The bill includes $27,500,000 for salaries and expenses of the Office of Special Counsel. Postal Regulatory Commission SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $16,615,000 for the salaries and expenses of the Postal Regulatory Commission. Privacy and Civil Liberties Oversight Board SALARIES AND EXPENSES The bill provides $8,200,000 for salaries and expenses of the Privacy and Civil Liberties Oversight Board. Securities and Exchange Commission SALARIES AND EXPENSES The bill provides $1,815,000,000 for the Securities and Exchange Commission (SEC). Of that amount, the bill allocates no less than $15,662,000 for the SEC Office of Inspector General. In addition, another $10,525,000 is provided for move, replication, and related costs associated with a replacement lease for the Commission's New York Regional Office facilities. All funds are derived from $1,825,525,000 in offsetting collections, resulting in no net appropriation. The agreement provides the SEC with substantial additional resources above its budget request. The SEC is directed to prioritize additional resources for enforcement, investigations and examinations, trading and markets, and the Office of the Whistleblower. Under the agreement, reporting directives addressed to the SEC's operating divisions are instead addressed to the SEC. Current Expected Credit Loss.--In lieu of the House directive addressed to the SEC, the agreement adopts the Senate directive addressed to the Department of the Treasury. Consolidated Audit Trail.--The agreement adopts the House and Senate report language regarding data security, personally-identifiable information, and the Consolidated Audit Trail (CAT). The SEC is encouraged to ensure institutional stakeholders, and all entities required to provide data to the CAT, are provided the opportunity to substantively engage with the CAT information security program. ADMINISTRATIVE PROVISION--SECURITIES AND EXCHANGE COMMISSION Section 530 requires the SEC to submit a report regarding the Municipal Securities Rulemaking Board. Selective Service System SALARIES AND EXPENSES The bill provides $27,100,000 for the salaries and expenses of the Selective Service System. The bill provides $2,100,000 above the budget request for critical cybersecurity enhancements and the modernization of legacy IT systems. Small Business Administration SALARIES AND EXPENSES The bill provides $270,157,000 for salaries and expenses of the Small Business Administration (SBA). ENTREPRENEURIAL DEVELOPMENT PROGRAMS The bill provides $261,000,000 for SBA Entrepreneurial Development Programs. ------------------------------------------------------------------------ Program ($000) ------------------------------------------------------------------------ 7(j) Technical Assistance Program (Contracting 2,800 Assistance)............................................ Entrepreneurship Education.............................. 2,500 Growth Accelerators..................................... 2,000 HUBZone Program......................................... 3,000 Microloan Technical Assistance.......................... 34,500 National Women's Business Council....................... 1,500 Native American Outreach................................ 2,000 PRIME Technical Assistance.............................. 5,500 Regional Innovation Clusters............................ 5,000 SCORE................................................... 11,700 Small Business Development Centers (SBDC)............... 135,000 State Trade Expansion Program (STEP).................... 19,000 Veterans Outreach....................................... 14,000 Women's Business Centers (WBC).......................... 22,500 --------------- Total, Entrepreneurial Development Programs......... 261,000 ------------------------------------------------------------------------ Veterans Entrepreneur Pilot Program.--In lieu of the Senate report language on a Veterans Entrepreneur Pilot Program, SBA is directed, not later than 180 days after the date of enactment of this Act, to submit to the Committees on Appropriations of the House and Senate, a study on (1) the feasibility of implementing a 3-year pilot program to increase access to capital for veterans that utilizes the methodology equivalent to the GI Bill maximum amount of 36 months of educational assistance, and (2) recommendations on the feasibility of utilizing GI Bill benefits to support veteran entrepreneur business financing. OFFICE OF INSPECTOR GENERAL The bill provides $21,900,000 for the Office of Inspector General. OFFICE OF ADVOCACY The bill provides $9,120,000 for the Office of Advocacy. BUSINESS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The bill provides $259,150,000 for the Business Loans Program Account. DISASTER LOANS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The bill provides $177,136,000 for the administrative costs of the Disaster Loans Program, of which $150,888,000 is designated as being for disaster relief for major disasters pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION (INCLUDING TRANSFERS OF FUNDS) Section 540 provides transfer authority and availability of funds. Section 541 authorizes the transfer of funding available under the SBA ``Salaries and Expenses'' and ``Business Loans Program Account'' appropriations into the SBA Information Technology System Modernization and Working Capital Fund. United States Postal Service PAYMENT TO THE POSTAL SERVICE FUND The bill provides $56,711,000 for a payment to the Postal Service Fund. Multinational Species Conservation Fund Semipostal Stamp.-- In lieu of the Senate report directive, the bill includes a provision requiring the U.S. Postal Service not to destroy, and to continue to offer for sale, existing copies of the Multinational Species Conservation Fund Semipostal Stamp. Alzheimer's Semipostal Fundraising Stamp.-- The agreement notes strong support for the Alzheimer's Semipostal Fundraising Stamp. Millions of copies of the original printing of the stamp remain. In lieu of the Senate report directive, the U.S. Postal Service is directed to continue to offer the stamp for sale to the public, in addition to any other semipostal stamps the Postal Service may issue under its rules and regulations. The U.S. Postal Service is further directed not to destroy any copies of the stamp. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $250,000,000 for the Office of Inspector General. United States Tax Court SALARIES AND EXPENSES The bill provides $53,000,000 for salaries and expenses of the United States Tax Court, of which not to exceed $3,000 is available for official reception and representation expenses. TITLE VI GENERAL PROVISIONS--THIS ACT (INCLUDING RESCISSION OF FUNDS) Section 601 prohibits pay and other expenses of non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. [[Page H10995]] Section 602 prohibits obligations beyond the current fiscal year and prohibits transfers of funds unless expressly provided. Section 603 limits expenditures for any consulting service through procurement contracts where such expenditures are a matter of public record and available for public inspection. Section 604 prohibits funds in this Act from being transferred without express authority. Section 605 prohibits the use of funds to engage in activities that would prohibit the enforcement of section 307 of the Tariff Act of 1930 (46 Stat. 590). Section 606 prohibits the use of funds unless the recipient agrees to comply with the Buy American Act. Section 607 prohibits funding for any person or entity convicted of violating the Buy American Act. Section 608 authorizes the reprogramming of funds and specifies the reprogramming procedures for agencies funded by this Act, and has been modified from last year to include additional reporting requirements. Section 609 ensures that 50 percent of unobligated balances may remain available for certain purposes. Section 610 restricts the use of funds for the Executive Office of the President to request official background reports from the Federal Bureau of Investigation without the written consent of the individual who is the subject of the report. Section 611 ensures that the cost accounting standards shall not apply with respect to a contract under the Federal Employees Health Benefits Program. Section 612 allows the use of certain funds relating to nonforeign area cost of living allowances. Section 613 prohibits the expenditure of funds for abortions under the Federal Employees Health Benefits Program. Section 614 provides an exemption from section 613 if the life of the mother is in danger or the pregnancy is a result of an act of rape or incest. Section 615 waives restrictions on the purchase of nondomestic articles, materials, and supplies in the case of acquisition by the Federal Government of information technology. Section 616 prohibits the acceptance by agencies or commissions funded by this Act, or by their officers or employees, of payment or reimbursement for travel, subsistence, or related expenses from any person or entity (or their representative) that engages in activities regulated by such agencies or commissions. Section 617 permits the Securities and Exchange Commission and the Commodity Futures Trading Commission to fund a joint advisory committee to advise on emerging regulatory issues, notwithstanding section 708 of this Act. Section 618 requires agencies covered by this Act with independent leasing authority to consult with the General Services Administration before seeking new office space or making alterations to existing office space. Section 619 provides for several appropriated mandatory accounts, where authorizing language requires the payment of funds for Compensation of the President, the Judicial Retirement Funds (Judicial Officers' Retirement Fund, Judicial Survivors' Annuities Fund, and the United States Court of Federal Claims Judges' Retirement Fund), the Government Payment for Annuitants for Employee Health Benefits and Employee Life Insurance, and the Payment to the Civil Service Retirement and Disability Fund. In addition, language is included for certain retirement, healthcare and survivor benefits required by 3 U.S.C. 102 note. Section 620 allows the Public Company Accounting Oversight Board to obligate amounts collected from monetary penalties for the purpose of funding scholarships for accounting students, as authorized by the Sarbanes-Oxley Act of 2002 (Public Law 107-204). Section 621 prohibits funds for the Federal Trade Commission to complete the draft report on food marketed to children unless certain requirements are met. Section 622 provides authority for Chief Information Officers over information technology spending. Section 623 prohibits funds from being used in contravention of the Federal Records Act. Section 624 relates to electronic communications. Section 625 relates to Universal Service Fund payments for wireless providers. Section 626 prohibits funds to be used to deny Inspectors General access to records. Section 627 relates to pornography and computer networks. Section 628 prohibits funds to pay for award or incentive fees for contractors with below satisfactory performance. Section 629 relates to conference expenditures. Section 630 prohibits funds made available under this Act from being used to fund first-class or business-class travel in contravention of Federal regulations. Section 631 provides $1,000,000 for the Inspectors General Council Fund for expenses related to www.oversight.gov. Section 632 rescinds $16,369,000 in prior year unobligated balances from the Small Business Administration--Business Loans Program account. Section 633 relates to contracts for public relations services. Section 634 prohibits funds for the SEC to finalize, issue, or implement any rule, regulation, or order requiring the disclosure of political contributions, contributions to tax- exempt organizations, or dues paid to trade associations in SEC filings. Section 635 prohibits use of funds for the sale of Federal facilities on Plum Island. TITLE VII GENERAL PROVISIONS--GOVERNMENT-WIDE Departments, Agencies, and Corporations (INCLUDING TRANSFER OF FUNDS) Section 701 requires agencies to administer a policy designed to ensure that all its workplaces are free from the illegal use of controlled substances. Section 702 sets specific limits on the cost of passenger vehicles purchased by the Federal Government with exceptions for police, heavy duty, electric hybrid, and clean fuels vehicles and with an exception for commercial vehicles that operate on emerging motor vehicle technology. Section 703 allows funds made available to agencies for travel to also be used for quarters allowances and cost-of- living allowances. Section 704 prohibits the Government, with certain specified exceptions, from employing non-U.S. citizens whose posts of duty would be in the continental United States. Section 705 ensures that agencies will have authority to pay the General Services Administration for space renovation and other services. Section 706 allows agencies to use receipts from the sale of materials for acquisition, waste reduction and prevention, environmental management programs, and other Federal employee programs. Section 707 provides that funds for administrative expenses may be used to pay rent and other service costs in the District of Columbia. Section 708 precludes interagency financing of groups absent prior statutory approval. Section 709 prohibits the use of appropriated funds for enforcing regulations disapproved in accordance with the applicable law of the United States. Section 710 limits the amount that can be used for redecoration of offices under certain circumstances. Section 711 permits interagency funding of national security and emergency preparedness telecommunications initiatives, which benefit multiple Federal departments, agencies, and entities. Section 712 requires agencies to certify that a schedule C appointment was not created solely or primarily to detail the employee to the White House. Section 713 prohibits the use of funds to prevent Federal employees from communicating with Congress or to take disciplinary or personnel actions against employees for such communication. Section 714 prohibits Federal training not directly related to the performance of official duties. Section 715 prohibits the use of appropriated funds for publicity or propaganda designed to support or defeat legislation pending before Congress. Section 716 prohibits the use of appropriated funds by an agency to provide home addresses of Federal employees to labor organizations, absent employee authorization or court order. Section 717 prohibits the use of appropriated funds to provide nonpublic information such as mailing or telephone lists to any person or organization outside of the Government without approval of the Committees on Appropriations of the House and Senate. Section 718 prohibits the use of appropriated funds for publicity or propaganda purposes within the United States not authorized by Congress. Section 719 directs agencies' employees to use official time in an honest effort to perform official duties. Section 720 authorizes the use of current fiscal year funds to finance an appropriate share of the Federal Accounting Standards Advisory Board administrative costs. Section 721 authorizes the transfer of funds to the General Services Administration to finance an appropriate share of various Government-wide boards and councils under certain conditions. Section 722 authorizes breastfeeding at any location in a Federal building or on Federal property. Section 723 permits interagency funding of the National Science and Technology Council and requires an Office of Management and Budget report on the budget and resources of the Council. Section 724 requires identification of the Federal agencies providing Federal funds and the amount provided for all proposals, solicitations, grant applications, forms, notifications, press releases, or other publications related to the distribution of funding to a State. Section 725 prohibits the use of funds to monitor personal information relating to the use of Federal Internet sites. Section 726 regards contraceptive coverage under the Federal Employees Health Benefits Plan. Section 727 recognizes that the United States is committed to ensuring the health of the Olympic, Pan American, and Paralympic athletes, and supports the strict adherence to anti-doping in sport activities. Section 728 allows departments and agencies to use official travel funds to participate in the fractional aircraft ownership pilot programs. [[Page H10996]] Section 729 prohibits funds for implementation of OPM regulations limiting detailees to the legislative branch and placing certain limitations on the Coast Guard Congressional Fellowship program. Section 730 restricts the use of funds for Federal law enforcement training facilities with an exception for the Federal Law Enforcement Training Center. Section 731 prohibits executive branch agencies from creating or funding prepackaged news stories that are broadcast or distributed in the United States unless specific notification conditions are met. Section 732 prohibits funds used in contravention of the Privacy Act, section 552a of title 5, United States Code or section 522.224 of title 48 of the Code of Federal Regulations. Section 733 prohibits funds in this or any other Act from being used for Federal contracts with inverted domestic corporations or other corporations using similar inverted structures, unless the contract preceded this Act or the Secretary grants a waiver in the interest of national security. Section 734 requires agencies to remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management's (OPM) average unit cost of processing a retirement claim for the preceding fiscal year to be available to the OPM for the cost of processing retirements of employees who separate under Voluntary Early Retirement Authority or who receive Voluntary Separation Incentive Payments. Section 735 prohibits funds to require any entity submitting an offer for a Federal contract to disclose political contributions. Section 736 prohibits funds for the painting of a portrait of an employee of the Federal Government including the President, the Vice President, a Member of Congress, the head of an executive branch agency, or the head of an office of the legislative branch. Section 737 limits the pay increases of certain prevailing rate employees. Section 738 requires reports to Inspectors General concerning expenditures for agency conferences. Section 739 prohibits the use of funds to increase, eliminate, or reduce a program or project unless such change is made pursuant to reprogramming or transfer provisions. Section 740 prohibits the Office of Personnel Management or any other agency from using funds to implement regulations changing the competitive areas under reductions-in-force for Federal employees. Section 741 prohibits the use of funds to begin or announce a study or a public-private competition regarding the conversion to contractor performance of any function performed by civilian Federal employees pursuant to Office of Management and Budget Circular A76 or any other administrative regulation, directive, or policy. Section 742 ensures that contractors are not prevented from reporting waste, fraud, or abuse by signing confidentiality agreements that would prohibit such disclosure. Section 743 prohibits the expenditure of funds for the implementation of agreements in certain nondisclosure policies unless certain provisions are included in the policies. Section 744 prohibits funds to any corporation with certain unpaid Federal tax liabilities unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. Section 745 prohibits funds to any corporation that was convicted of a felony criminal violation within the preceding 24 months unless an agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. Section 746 relates to the Consumer Financial Protection Bureau (CFPB). Given the need for transparency and accountability in the Federal budgeting process, the CFPB is directed to provide an informal, nonpublic full briefing at least annually before the relevant Appropriations subcommittee on the CFPB's finances and expenditures. The agreement clarifies House report language regarding State insurance referrals to note that under current law, CFPB does not have the authority to regulate the business of insurance. In these cases, CFPB is directed to refer all enforcement investigations and actions to the appropriate State insurance commissioner. Section 747 addresses possible technical scorekeeping differences for fiscal year 2020 between the Office of Management and Budget and the Congressional Budget Office. Section 748 provides adjustments in rates of basic pay for Federal employees, to be paid for by appropriations. Section 749 eliminates automatic statutory pay increase for the Vice President, political appointees paid under the executive schedule, ambassadors who are not career members of the Foreign Service, political appointed (noncareer) Senior Executive Service employees, and any other senior political appointee paid at or above level IV of the executive schedule. Section 750 declares the inapplicability of these general provisions to title IV and title VIII. TITLE VIII GENERAL PROVISIONS--DISTRICT OF COLUMBIA (INCLUDING TRANSFERS OF FUNDS) Section 801 allows the use of local funds for making refunds or paying judgments against the District of Columbia government. Section 802 prohibits the use of Federal funds for publicity or propaganda designed to support or defeat legislation before Congress or any State legislature. Section 803 establishes reprogramming procedures for Federal funds. Section 804 prohibits the use of Federal funds for the salaries and expenses of a shadow U.S. Senator or U.S. Representative. Section 805 places restrictions on the use of District of Columbia government vehicles. Section 806 prohibits the use of Federal funds for a petition or civil action which seeks to require voting rights for the District of Columbia in Congress. Section 807 prohibits the use of Federal funds in this Act to distribute, for the purpose of preventing the spread of blood borne pathogens, sterile needles or syringes in any location that has been determined by local public health officials or local law enforcement authorities to be inappropriate for such distribution. Section 808 concerns a ``conscience clause'' on legislation that pertains to contraceptive coverage by health insurance plans. Section 809 prohibits Federal funds to enact or carry out any law, rule, or regulation to legalize or reduce penalties associated with the possession, use or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative. In addition, section 809 prohibits Federal and local funds to enact any law, rule, or regulation to legalize or reduce penalties associated with the possession, use or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative for recreational purposes. Section 810 prohibits the use of funds for abortion except in the cases of rape or incest or if necessary to save the life of the mother. Section 811 requires the CFO to submit a revised operating budget no later than 30 calendar days after the enactment of this Act for agencies the CFO certifies as requiring a reallocation in order to address unanticipated program needs. Section 812 requires the CFO to submit a revised operating budget for the District of Columbia Public Schools, no later than 30 calendar days after the enactment of this Act, which aligns schools' budgets to actual enrollment. Section 813 allows for transfers of local funds between operating funds and capital and enterprise funds. Section 814 prohibits the obligation of Federal funds beyond the current fiscal year and transfers of funds unless expressly provided herein. Section 815 provides that not to exceed 50 percent of unobligated balances from Federal appropriations for salaries and expenses may remain available for certain purposes. This provision will apply to the District of Columbia Courts, the Court Services and Offender Supervision Agency and the District of Columbia Public Defender Service. Section 816 appropriates local funds during fiscal year 2021 if there is an absence of a continuing resolution or regular appropriation for the District of Columbia. Funds are provided under the same authorities and conditions and in the same manner and extent as provided for in fiscal year 2020. Section 817 specifies that references to ``this Act'' in this title or title IV are treated as referring only to the provisions of this title and title IV. This division may be cited as ``Financial Services and General Government Appropriations Act, 2020.'' [[Page H10997]] [GRAPHIC] [TIFF OMITTED] TH161219.616 [[Page H10998]] [GRAPHIC] [TIFF OMITTED] TH161219.617 [[Page H10999]] [GRAPHIC] [TIFF OMITTED] TH161219.618 [[Page H11000]] [GRAPHIC] [TIFF OMITTED] TH161219.619 [[Page H11001]] [GRAPHIC] [TIFF OMITTED] TH161219.620 [[Page H11002]] [GRAPHIC] [TIFF OMITTED] TH161219.621 [[Page H11003]] [GRAPHIC] [TIFF OMITTED] TH161219.622 [[Page H11004]] [GRAPHIC] [TIFF OMITTED] TH161219.623 [[Page H11005]] [GRAPHIC] [TIFF OMITTED] TH161219.624 [[Page H11006]] [GRAPHIC] [TIFF OMITTED] TH161219.625 [[Page H11007]] [GRAPHIC] [TIFF OMITTED] TH161219.626 [[Page H11008]] [GRAPHIC] [TIFF OMITTED] TH161219.627 [[Page H11009]] [GRAPHIC] [TIFF OMITTED] TH161219.628 [[Page H11010]] [GRAPHIC] [TIFF OMITTED] TH161219.629 [[Page H11011]] [GRAPHIC] [TIFF OMITTED] TH161219.630 [[Page H11012]] [GRAPHIC] [TIFF OMITTED] TH161219.631 [[Page H11013]] [GRAPHIC] [TIFF OMITTED] TH161219.632 [[Page H11014]] [GRAPHIC] [TIFF OMITTED] TH161219.633 [[Page H11015]] DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020 The following is an explanation of Division D, which makes appropriations for the Department of Homeland Security (DHS) for fiscal year 2020. Funding provided in this agreement not only sustains existing programs that protect the nation from all manner of threats, it ensures DHS's ability to improve preparedness at the federal, state, local, tribal, and territorial levels; prevent and respond to terrorist attacks; and hire, train, and equip DHS frontline forces protecting the homeland. Unless otherwise noted, references to the House and Senate reports are to House Report 116-180 and Senate Report 116- 125, respectively. The language and allocations contained in the House and Senate reports carry the same weight as the language included in this explanatory statement unless specifically addressed to the contrary in the bill or this explanatory statement. While this explanatory statement repeats some language from the House or Senate reports for emphasis, it does not negate the language contained in those reports unless expressly stated. When this explanatory statement refers to the Committees or the Committees on Appropriations, these references are to the House Appropriations Subcommittee on Homeland Security and the Senate Appropriations Subcommittee on Homeland Security. This explanatory statement refers to certain laws, organizations, persons, funds, and documents as follows: the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, is referenced as the Stafford Act; the Department of Homeland Security is referenced as DHS or the Department; the Government Accountability Office is referenced as GAO; and the Office of Inspector General of the Department of Homeland Security is referenced as OIG. In addition, ``full-time equivalents'' are referred to as FTE; ``full-time positions'' are referred to as FTP; ``Information Technology'' is referred to as IT; the DHS ``Working Capital Fund'' is referred to as WCF; ``program, project, and activity'' is referred to as PPA; any reference to ``the Secretary'' should be interpreted to mean the Secretary of Homeland Security; ``component'' should be interpreted to mean an agency, administration, or directorate within DHS; any reference to SLTT should be interpreted to mean State, Local, Tribal, and territorial; and ``budget request'' or ``the request'' should be interpreted to mean the budget of the U.S. Government for fiscal year 2020 that was submitted to Congress on March 11, 2019. TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT Office of the Secretary and Executive Management OPERATIONS AND SUPPORT The agreement includes an increase for Operations and Support of $27,498,000 above the budget request, including increases of: $2,900,000 for the Office for Civil Rights and Civil Liberties for the Compliance Branch; $7,500,000 for the Office of Strategy Policy and Plans for a community awareness and training program and activities related to targeted violence and terrorism prevention grants funded through Federal Assistance; $10,000,000 for the establishment of a new Office of Immigration Detention Ombudsman; and $7,548,000 to sustain fiscal year 2019 operational levels, including adjusted personnel costs and the Immigration Data Integration Initiative. Chief Medical Officer (CMO).--As the primary DHS medical authority, the CMO has oversight responsibility for the Department's medical and public health policies and operations. As such, DHS is directed to ensure that the CMO reviews all contracts that broadly impact how the Department delivers healthcare to individuals in its custody and to departmental personnel. In coordination with operational components, the CMO shall develop departmental requirements for medical services, to include professional healthcare system administration; disease surveillance, reporting, and outbreak response; and measurable performance standards for current and future healthcare record systems. The CMO, in conjunction with operational component leadership as appropriate, is directed to brief the Committees within 90 days of the date of enactment of this Act on these efforts. Medical Strategy.--In fiscal year 2019, nearly 1,000,000 migrants were apprehended by U.S. Customs and Border Protection, resulting in an unprecedented medical screening and healthcare crisis. As the Department responded, it became clear that a more cohesive strategy was necessary to address emergent medical conditions of detainees, as well as the health of its own workforce. Based on lessons learned from this experience, the Secretary shall develop a DHS-wide medical response strategy for emergent circumstances, including surges in migration, National Special Security Events, Special Event Assessment Rating events, and Stafford Act-declared disasters. The strategy should also clarify the roles and responsibilities of DHS medical personnel; the need for any new legal authorizations; and any reorganization requirements, as appropriate. Office of Immigration Detention Ombudsman.--The agreement establishes an Immigration Detention Ombudsman position and provides $10,000,000 for an Office of Immigration Detention Ombudsman, as described in the House Report. The bill withholds $500,000 from the Office of the Secretary for Executive Management (OSEM) until the Secretary approves the Ombudsman. Office of Strategy, Policy, and Plans.--The agreement includes a realignment of $2,800,000 from the Office of Partnership and Engagement for the new Office of Terrorism Prevention Partnerships (OTPP). OTPP is directed to brief the Committees within 30 days of the date of enactment of this Act on its programs and activities, including its plans for carrying out local community awareness and training, and for the use of funding provided under Management Directorate-- Federal Assistance for targeted violence and terrorism prevention grants. Public Complaint and Feedback System Working Group.--The Department has not fulfilled a requirement in House Report 116-9 to provide semi-annual updates to the Committees on the Public Complaint and Feedback System Working Group. The Department is directed to begin providing such updates not later than 60 days after the date of enactment of this Act. The bill withholds $500,000 from OSEM until the Department provides the first such update, which must address the requirements detailed in House Report 114-668. FEDERAL ASSISTANCE (INCLUDING TRANSFER OF FUNDS) The agreement provides $10,000,000 for targeted violence and terrorism prevention grants, to be transferred to the Federal Emergency Management Agency for purposes of administration. Management Directorate OPERATIONS AND SUPPORT The agreement includes an increase for Operations and Support of $6,152,000 above the budget request to sustain fiscal year 2019 operational levels, including personnel cost adjustments. The Department is directed to refrain from initiating new PPAs for which funds have not been provided in an appropriations act, either explicitly or based on a funding request, if such PPAs would have significant resource requirements beyond the budget year. When emergent circumstances otherwise require the initiation of significant PPAs, the Department is directed to provide advance notification to the Committees, along with a detailed justification for why they are required. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement provides the requested appropriation for the proposed activities under Procurement, Construction, and Improvements. Intelligence, Analysis, and Operations Coordination OPERATIONS AND SUPPORT The agreement provides an increase of $7,500,000 above the budget request for election security. A total of $68,579,000 is available until September 30, 2021. Office of Inspector General OPERATIONS AND SUPPORT The agreement includes an increase for Operations and Support of $20,000,000 above the budget request for increased monitoring and oversight of border security and immigration enforcement activities. TITLE I--ADMINISTRATIVE PROVISIONS Section 101. The agreement continues a provision requiring the Inspector General to review grants and contracts awarded by means other than full and open competition and report the results to the Committees. Section 102. The agreement continues a provision requiring the Chief Financial Officer to submit monthly budget execution and staffing reports within 30 days after the close of each month. Section 103. The agreement continues a provision directing the Secretary to require contracts providing award fees to link such fees to successful acquisition outcomes. Section 104. The agreement continues a provision requiring the Secretary, in conjunction with the Secretary of the Treasury, to notify the Committees of any proposed transfers from the Department of Treasury Forfeiture Fund to any agency at DHS. No funds may be obligated prior to such notification. Section 105. The agreement continues a provision related to official travel costs of the Secretary and Deputy Secretary. Section 106. The agreement includes a provision establishing an Immigration Detention Ombudsman. Section 107. The agreement continues a provision requiring the Secretary to submit a report on visa overstay data and to post border security metrics on the Department's website. Title II--Security, Enforcement, and Investigations U.S. Customs and Border Protection OPERATIONS AND SUPPORT The agreement provides $12,735,399,000 for Operations and Support of U.S. Customs and Border Protection (CBP), which includes $203,000,000 of prior year emergency funding and of which $500,000,000 is available until September 30, 2021. This emergency funding is fully offset by the rescission of unneeded prior year balances of emergency funding. The bill includes increases above the budget request, including the following: $99,774,000 to sustain prior year initiatives and for personnel cost adjustments; $13,000,000 for Border Patrol Processing Coordinator positions; [[Page H11016]] $56,656,000 for Office of Field Operations staff; $19,651,000 for agriculture specialists; $25,000,000 for innovative technology; $1,500,000 for comprehensive testing of imported honey; $5,000,000 for tribal roads; $2,000,000 for rescue beacons; $2,000,000 for enterprise geospatial improvement services; $20,000,000 for port of entry technology; $3,000,000 for trade enhancements; $2,000,000 for NAFTA Centers; $5,000,000 to increase Air and Marine flight hours, bringing the total to $15,000,000 and to include the use of contracted pilots; and $21,000,000 for body worn cameras. The agreement includes a reduction below the request of $45,000,000 associated with administrative contract savings for Enterprise Services, $82,218,000 for humanitarian care to be offset with prior year emergency funding and provides no funding for additional Border Patrol agents. The account total reflects a rescission and re- appropriation of prior year discretionary and emergency funds, which shall be obligated for humanitarian care, to include consumables and medical care, electronic health records, and to address health, life and safety issues at existing Border Patrol facilities, including construction and for improved video recording capabilities. The agreement includes technical budget realignments, as requested by DHS. Border Patrol Processing Coordinators.--The bill includes $13,000,000 for Border Patrol processing coordinators. Prior to the execution of funds, CBP shall brief the Committees on the training requirements for these new positions, which should include but not be limited to emergency medical and mental health care; migrant legal rights; Trafficking Victims Protection Reauthorization Act requirements; and how to identify child abuse and neglect. The briefing should also address the total cost of such training and identify the location where training will occur. Custody and Transfer Metrics.--The agreement requires data reporting on migrants in CBP custody, including data on utilization rates for all short term holding facilities and on the designated removal mechanisms for migrants. CBP shall publish on a publicly accessible website the following on a semimonthly basis: the number of migrants detained in CBP facilities broken out by sector, field office, temporary spaces, humanitarian care centers, and central processing centers; and the utilization rates of all such facilities. On a monthly basis, CBP shall publish the number of migrants transferred out of CBP custody, delineated by transfer destination and, in the case of removal, the removal mechanism. Electronic Visa Update System (EVUS).--The bill restores $13,850,000 of the $27,661,000 reduction in the budget request to EVUS. CBP is strongly encouraged to work with the appropriate authorizing committees to get fee authority for EVUS. Non-immigrant visa holders who benefit from this program, not U.S. taxpayers, should pay for EVUS. Gordie Howe International Bridge.--The funding level for Gordie Howe International Bridge is funded at the requested level, and shall be obligated as proposed in the request, in the Operations and Support account and in Procurement, Construction, and Improvements. Innovative Technology.--At least 15 days prior to the obligation of funds for innovative border security technology, CBP is directed to brief the Committees on the planned obligation of funds. The briefing shall also identify the component sponsor and plans for transitioning technologies to the field. Funding in the bill for such technology shall not exceed $5,000,000 for any individual project. Intelligent Enforcement and Opioids.--The funding levels for Intelligent Enforcement and opioids are funded at the requested levels and shall be obligated as proposed in the budget request. Medical Guidance.--The CBP Commissioner issued an interim directive on enhanced medical care to help address the growing influx of migrants crossing the southern border. In conjunction with the DHS CMO, CBP is directed to issue a permanent medical directive and implementing guidance, which shall include the following: Clear definitions, metrics, automated reporting requirements, and formal mechanisms for coordinating with the CMO on making determinations that conditions at the border constitute a public health crisis, which should take into consideration: time in custody; holding facility capacity limits; emerging disease outbreaks, such as influenza; and the readiness of each U.S. Border Patrol and Office of Field Operations facility. These metrics shall be reported on a common operating picture such as the Unified Immigration Portal; Response plans for public health crisis conditions that include: a convalescence center concept, executed in concert with the CMO and the U.S. Public Health Service; the provision of vaccinations when deemed appropriate by the CMO; and emergency mechanisms to address overcrowding at Border Patrol and port of entry facilities through custodial transfers to Immigration and Customs Enforcement, and the Office of Refugee Resettlement, as appropriate; and A peer review process for deaths in custody, including: first level review by the CBP Senior Medical Advisor; second level review convened by the CMO; and external review, as appropriate through an enterprise-level contract executed by the CMO. Not later than 90 days after the date of enactment of this Act, the CMO, in conjunction with appropriate CBP leadership, shall brief the Committees on an implementation plan for the permanent directive. Additionally, the final guidance and associated implementing guidance shall be made available on a publicly accessible website not later than 15 days after such guidance is finalized. Migrant Protection Protocols (MPP).--DHS shall establish goals and metrics for assessing the effectiveness of the MPP Program. Metrics shall include the following daily data for migrants entering the United States, by location: the total number of entering migrants apprehended or deemed inadmissible; the number of such migrants amenable to MPP; the number of amenable migrants who assert a fear of returning to Mexico; the number of migrants assigned to MPP appearing at a port of entry to attend immigration adjudication proceedings and the outcomes of such proceedings, including data on the number of removals ordered in absentia; the number of migrants assigned to MPP who remain overnight in the United States; and the number of adults and Unaccompanied Alien Children entering without inspection subsequent to being returned to Mexico through MPP. Other Reporting.--The briefing on CBP-wide workload, capabilities, assets, and human resource gaps, as described in the Senate Report, shall be provided quarterly. The pilot project on the use of community oriented policing teams, as detailed in the Senate Report 116-125, shall be briefed within one year of the date of enactment of this Act. Office of Field Operations Staffing.--The agreement includes $104,377,000 to support over 800 new positions in the Office of Field Operations to include 610 additional Officers and Agriculture Specialists. CBP is again encouraged to utilize fee funding to hire up to a total of 1,200 CBP Officers and 240 Agriculture Specialists during fiscal year 2020. Video Monitoring.--Any failure of closed caption television and associated storage equipment in excess of 120 hours at any CBP facility that detains migrants must be reported to the Office of Professional Responsibility. Such reporting shall be updated weekly. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement provides $1,904,468,000 for Procurement, Construction, and Improvements, which includes $30,000,000 of prior year emergency funding. This emergency funding is fully offset by the rescission of unneeded prior year balances of emergency funding. The agreement includes the following increases above the request: $20,000,000 for innovative technology, of which not more than $5,000,000 may be available for any single project; $15,000,000 for rapidly deployable next generation mobile surveillance systems, including currently deployed light truck based systems; $10,000,000 for Automated Commercial Environment enhancements; $28,383,000 for one additional Multi-Role Enforcement Aircraft with a Dismounted Moving Target Indicator; $32,500,000 for lightweight helicopters; and $9,000,000 for expansion at the Advanced Training Center. The agreement provides a total of $14,830,000 for coastal interceptor vessels and $59,124,000 for non-intrusive inspection equipment, as requested. Border Barrier System.--The agreement includes $1,375,000,000 for additional border barriers. Facilities.--The agreement includes $25,000,000 for construction of the Papago Farms Forward Operating Base and for facilities improvements to protect life and improve safety. Health Record Systems.--The account total includes $30,000,000 derived from the rescission and re-appropriation of prior year emergency funds to enable the DHS CMO, in conjunction with CBP, ICE, and other operational components, to develop and establish interim and long-term electronic systems for recording and maintaining information related to the health of individuals in the Department's custody. The systems shall be adaptable to component operational environments and be interoperable with other departmental systems, as appropriate, and with the National Emergency Medical Services Information System. A plan for the design and development of such systems shall be provided to the Committees within 90 days of the date of enactment of this Act. U.S. Immigration and Customs Enforcement OPERATIONS AND SUPPORT The agreement includes the following increases above the budget request: $4,000,000 for the Human Exploitation Rescue Operative Child-Rescue Corps; $3,000,000 for cybercrime investigative capabilities; $12,000,000 for a counter- proliferation investigations center; $2,000,000 for the Law Enforcement Systems and Analysis division; $15,000,000 for the Family Case Management Program (FCMP); $4,000,000 for an independent review of the Alternatives to Detention (ATD) program, including the FCMP; $9,222,000 for repairs and improvements at detention facilities; $14,000,000 for hiring at the Office of Detention Oversight to increase the frequency of detention inspections; $2,000,000 for the Office of the Chief Financial Officer to improve reporting to Congress and the public about Immigration and Customs Enforcement's resource use; $406,000 for an Office of the Principal Legal Advisor facility consolidation project; and $632,382,000 to sustain prior year initiatives and for personnel cost adjustments. The agreement provides direct funding of $207,600,000 above the request in lieu of the [[Page H11017]] proposed use of Immigration Examination User Fee revenue to partially offset costs for eligible activities in this account due to concerns with the impact to U.S. Citizenship and Immigration Services operations and the growing backlog in applications for immigration benefits. Consistent with the funding recommendations in the House and Senate Reports, the agreement does not include $700,786,000 that was requested to sustain prior year initiatives that were not funded in the fiscal year 2019 appropriation, nor does it include $298,973,000 in requested funding for additional staffing. Of the amount provided, $53,696,000 is available until September 30, 2021, to include: $13,700,000 for the Visa Security Program; $32,996,000 to support the wiretap program; and $7,000,000 for the Office of Detention Oversight. The Department and ICE have failed to comply with any of the requirements set forth in the explanatory statement accompanying Public Law 116-6 regarding detailed operational and spending plans for fiscal year 2019 for ICE Operations and Support. The Department and ICE are again directed to execute such requirements for fiscal year 2020. Enforcement and Removal Operations Alternatives to Detention (ATD).--For the report required in the Senate Report regarding an analysis of each active ATD program within the last five years, the Secretary shall also submit this report to GAO for review. GAO shall review the reliability and accuracy of data in the report and provide a preliminary briefing to the Committees on its review within 120 days of receipt. GAO shall also conduct a review of the ATD program and report its findings to the Committees on a date agreed to at the time of the preliminary briefing. Immigration Enforcement at Sensitive Locations.--ICE is directed to follow its policy regarding enforcement actions at or near sensitive locations and is encouraged to review the scope of the category to areas not previously included where community impacts could be better balanced against ICE law enforcement requirements. Further, ICE is directed to provide its officers with guidance and training for engaging with victims of crime and witnesses of crime, and to clarify policy guidance on enforcement actions in or near sensitive locations in order to minimize any effect that immigration enforcement may have on the willingness and ability of victims and witnesses to pursue justice. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement includes $47,270,000 for procurement, construction, and improvements, consisting of $10,300,000 to accelerate modernization of ICE's immigration information technology systems, data platform, and reporting and analytics capabilities; and $36,970,000 for construction and facilities improvements to address major projects on ICE's facilities maintenance and repair backlog list. Transportation Security Administration OPERATIONS AND SUPPORT The agreement includes an increase of $565,370,000 above the budget request, including an increase of $93,382,000 for personnel cost adjustments. The agreement rejects the airline passenger fee increase proposed by TSA, which would have offset the total appropriation by an estimated $550,000,000, thus making the net increase in discretionary spending above the request $1,115,370,000. Aviation Screening Operations The agreement includes an increase of $415,633,000 above the request for Aviation Screening Operations, including the following increases: $25,378,000 to fully fund fiscal year 2020 Screening Partnership Program requirements; $46,416,000 to fully fund retention incentives for TSA employees; and $63,351,000, including $14,023,000 requested in PC&I, to fully fund fiscal year 2020 screening technology maintenance requirements. The agreement sustains the following initiatives funded in fiscal year 2019: $77,764,000 for additional transportation security officers and associated training and support costs to address the continued growth in passenger volume at airports; $83,511,000 to maintain existing TSA staffing at airport exit lanes in accordance with section 603 of Public Law 113-67; $7,000,000 to maintain Screening Partnership Program requirements; $13,341,000 for canine teams to support increased passenger screening requirements; $6,220,000 for screening requirements associated with the FAA Reauthorization Act of 2018; $10,440,000 for additional program management staffing to support new technology acquisitions; $4,280,000 to continue procurement of Credential Authentication Technology units; and $3,590,000 to support rent increases in the field. Other Operations and Enforcement The agreement provides $140,312,000 above the request for Other Operations and Enforcement, including $4,708,000 to replace aging equipment in the Federal Flight Deck Officer (FFDO) and Flight Crew Program and $8,420,000 for cybersecurity pipeline field assessments. The agreement sustains the following initiatives funded in fiscal year 2019: $46,334,000 for the Law Enforcement Officer Reimbursement Program; $58,800,000 for 31 Visible Intermodal Prevention and Response teams; and $3,100,000 to increase FFDO training capacity. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement includes $68,600,000 for the procurement of computed tomography (CT) machines for use at the airport checkpoint. This amount is in addition to funds available from the Aviation Security Capital Fund and will support the acquisition and installation of 320 units. The agreement also includes increases above the request of $1,500,000 to advance CT algorithm development and $40,000,000 for TSA to continue reimbursement of airports that incurred costs associated with the development of a partial or completed in-line baggage system prior to August 3, 2007. Section 223 of the bill provides direction for capital investment plan requirements in lieu of language included in the House Report. RESEARCH AND DEVELOPMENT The agreement provides an increase of $2,000,000 above the request for design and development activities for small CT machines, as described in the Senate Report. Coast Guard OPERATIONS AND SUPPORT The agreement provides an increase of $118,858,000 above the request for Operations and Support, including: $22,122,000 for personnel cost adjustments; $14,600,000 to support additional costs for electronic health records; $10,000,000 for the increased cost for flight training; $1,500,000 for the Great Lakes Oil Spill Center of Excellence; $3,000,000 for the National Maritime Documentation Center and National Vessel Documentation Center; $6,500,000 for the priority environmental compliance and restoration project on the Coast Guard's Unfunded Priority List (UPL); $6,100,000 for recruiting and workforce readiness; $25,000,000 for Depot Maintenance for Cutter Boats and Aircraft; and $15,000,000 for Depot Maintenance for Shore Assets. The agreement continues increases included in fiscal year 2019 of $2,000,000 for a child care subsidy, $15,000,000 for additional military FTE, and $1,672,000 for increased fuel costs. Within the total amount provided, $11,000,000 is available until September 30, 2022, including $6,000,000 to continue the Fishing Safety Training Grants and Fishing Safety Research Grants programs, and $5,000,000 for the National Coast Guard Museum. The agreement also funds requested cybersecurity and IT enhancements. The agreement includes reductions to the request of $5,942,000 due to the inclusion of Fast Response Cutter (FRC) crew costs in Overseas Contingency Operations and $6,166,000 because of delays in the Offshore Patrol Cutter (OPC) program. Procurement, Construction, and Improvements The agreement provides an increase of $537,850,000 above the request, including the following: $13,500,000 for In- Service Vessel Sustainment; $260,000,000 for a total of four FRCs; $100,000,000 for long lead time materials for a second Polar Security Cutter; $105,000,000 for the HC-130J aircraft program; $130,000,000 to recapitalize MH-60T aircraft with new hulls; and $70,000,000 for a replacement Long Range Command and Control Aircraft. The bill makes available $100,500,000 for long lead time material for a twelfth National Security Cutter, consistent with the direction in the House Report. The agreement includes $77,550,000 for Major Construction; Housing; Aids to Navigation; and Survey and Design and provides $122,100,000 for Major Acquisition Systems Infrastructure. Projects on the UPL described in the Senate Report are supported within these funding levels, including land acquisition, as necessary. The agreement includes $2,000,000 to establish a major acquisition program office to enhance icebreaking capacity on the Great Lakes within 180 days of the date of enactment of this Act. An additional $2,000,000 is included under Operations and Support for recurring program support. The agreement also includes $10,800,000 for the two Maritime Security Response Teams to procure vessels currently in production and used by Department of Defense teams that are capable of operating in contested, near shore environments. Elizabeth City Air Station.--The bill does not provide funding for enhancements to the runway at the Elizabeth City Coast Guard Air Station. The Coast Guard has estimated the total project cost would exceed $23,000,000, far above the level recommended in the Senate bill. The Coast Guard shall work with state and local partners, including institutions of higher learning, to determine the full scope and cost of mutually beneficial enhancements to Runway 1/19, and explore the potential for sharing costs necessary to ensure the project is completed in an efficient manner. The Coast Guard shall brief the Committees within 120 days of the date of enactment of this Act on the scope, costs, and benefits of the project, including the viability of a financial partnership with non-federal stakeholders. OPC Program.--The contract awarded to construct the OPC was recently amended to address increased cost estimates after the Acting Secretary determined that relief permitted under Public Law 85-804 was appropriate and necessary to the national defense. An associated delay in delivery of the first two hulls reduced the fiscal year 2020 requirement for the OPC by $145,000,000. Funds included in the agreement continue necessary program requirements. The agreement maintains the commitment to ensuring [[Page H11018]] the Coast Guard can continue the program of record for these critical vessels. As a condition of the granted relief, the vendor will be subject to increased oversight, including additional scrutiny of the costs borne by the Coast Guard. The Coast Guard shall brief the Committees quarterly on the metrics used to evaluate adherence to production timelines and costs, including those attributed to reestablishing the production line and maintaining the skilled workforce required to ensure contract performance. United States Secret Service OPERATIONS AND SUPPORT The agreement provides an increase above the request of $94,668,000, including the following: $7,500,000 for overtime pay; $8,207,000 for personnel costs; $11,900,000 for additional retention initiatives; $12,482,000 for fleet vehicles; $784,000 to sustain fiscal year 2019 funding levels for forensic and investigative support related to missing and exploited children; $3,600,000 for electronic crimes task force modernization; $10,000,000 for radios and hubs; $9,518,000 for travel; $10,000,000 for overtime in calendar year 2019 (authority is provided in bill language for up to $15,000,000); $5,000,000 for permanent change of station costs; and $26,377,000 for basic and advanced computer forensics training for state and local law enforcement officers, judges, and prosecutors in support of the United States Secret Service mission. Within the total amount provided, $39,763,000 is made available until September 30, 2021, including $11,400,000 for the James J. Rowley Training Center; $5,863,000 for Operational Mission Support; $18,000,000 for protective travel; and $4,500,000 for National Special Security Events. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement provides an increase above the request of $10,700,000, which reflects the amount requested under Operations and Support for the Fully Armored Vehicle Program. RESEARCH AND DEVELOPMENT The agreement provides an increase above the request of $1,500,000 for Research and Development, for a pilot program with a university-based digital investigation center to maximize and evaluate effective instruction for students enrolled at the National Computer Forensics Institute, such as pre- and post-assessment of student knowledge of procedures and tool utilization. TITLE II--ADMINISTRATIVE PROVISIONS Section 201. The agreement continues a provision regarding overtime compensation. Section 202. The agreement continues a provision allowing CBP to sustain or increase operations in Puerto Rico with appropriated funds. Section 203. The agreement continues a provision regarding the availability of passenger fees collected from certain countries. Section 204. The agreement continues a provision allowing CBP access to certain reimbursements for preclearance activities. Section 205. The agreement continues a provision regarding the importation of prescription drugs from Canada. Section 206. The agreement continues a provision regarding the waiver of certain navigation and vessel-inspection laws. Section 207. The agreement continues a provision preventing the establishment of new border crossing fees at land ports of entry. Section. 208. The agreement includes a provision requiring the Secretary to submit an expenditure plan for funds made available under ``U.S. Customs and Border Protection-- Procurement, Construction, and Improvements''. Section 209. The agreement includes a provision allocating funds within CBP's Procurement, Construction, and Improvements account for specific purposes. Section 210. The agreement continues and modifies a provision prohibiting the construction of border security barriers in specified areas. Section 211. The agreement includes a provision on vetting operations at existing locations. Section 212. The agreement includes a provision that reappropriates prior year emergency funding for humanitarian care, critical life and safety improvements, and electronic health records. Section 213. The agreement continues a provision allowing the Secretary to reprogram funds within and transfer funds to ``U.S. Immigration and Customs Enforcement--Operations and Support'' to ensure the detention of aliens prioritized for removal. Section 214. The agreement continues a provision prohibiting the use of funds provided under the heading ``U.S. Immigration and Customs Enforcement--Operations and Support'' to continue a delegation of authority under the 287(g) program if the terms of an agreement governing such delegation have been materially violated. Section 215. The agreement continues and modifies a provision prohibiting the use of funds provided under the heading ``U.S. Immigration and Customs Enforcement-- Operations and Support'' to contract with a facility for detention services if the facility receives less than ``adequate'' ratings in two consecutive performance evaluations, and requires that such evaluations be conducted by the ICE Office of Professional Responsibility by January 1, 2021. Section 216. The agreement continues a provision prohibiting ICE from removing sponsors or potential sponsors of unaccompanied children based on information provided by the Office of Refugee Resettlement as part of the sponsor's application to accept custody of an unaccompanied child, except when that information meets specified criteria. Section 217. The agreement includes a new provision that requires ICE to report on information related to its 287(g) program. Section 218. The agreement continues and modifies a provision that requires ICE to provide statistics about its detention population. Section 219. The agreement continues a provision clarifying that certain elected and appointed officials are not exempt from federal passenger and baggage screening. Section 220. The agreement continues a provision directing TSA to deploy explosives detection systems based on risk and other factors. Section 221. The agreement continues a provision authorizing TSA to use funds from the Aviation Security Capital Fund for the procurement and installation of explosives detection systems or for other purposes authorized by law. Section 222. The agreement continues a provision prohibiting the use of funds in abrogation of the statutory requirement for TSA to monitor certain airport exit points. Section 223. The agreement contains a new provision requiring TSA to provide a report that includes the Capital Improvement Plan, technology investment and Advanced Integrated Screening Technology. This includes the requirement in the House Report for a report on future-year capital investment plan. Section 224. The agreement continues a provision prohibiting funds made available by this Act for recreational vessel expenses, except to the extent fees are collected from owners of yachts and credited to this appropriation. Section 225. The agreement continues a provision under the heading ``Coast Guard--Operating Expenses'' allowing up to $10,000,000 to be reprogrammed to or from Military Pay and Allowances. Section 226. The agreement continues a provision requiring the Commandant of the Coast Guard to submit a future-years capital investment plan. Section 227. The agreement continues a provision related to the allocation of funds for Overseas Contingency Operations/ Global War on Terrorism. Section 228. The agreement continues a provision prohibiting funds to reduce the staff or mission at the Coast Guard's Operations Systems Center. Section 229. The agreement continues a provision prohibiting the use of funds to conduct a competition for activities related to the Coast Guard National Vessel Documentation Center. Section 230. The agreement continues a provision allowing the use of funds to alter, but not reduce, operations within the Civil Engineering program of the Coast Guard. Section 231. The agreement includes a new provision allowing for death gratuity payments to be made by the Coast Guard in the absence of an appropriation. Section 232. The agreement contains a new provision to reclassify receipts for the Coast Guard Housing Fund. Section 233. The agreement continues a provision allowing the Secret Service to obligate funds in anticipation of reimbursement for personnel receiving training. Section 234. The agreement continues a provision prohibiting the use of funds by the Secret Service to protect the head of a federal agency other than the Secretary of Homeland Security, except when the Director has entered into a reimbursable agreement for such protection services. Section 235. The agreement continues a provision allowing the reprogramming of funds within ``United States Secret Service--Operations and Support''. Section 236. The agreement continues a provision allowing funds made available within ``United States Secret Service-- Operations and Support'' to be available for travel of employees on protective missions without regard to the limitations on such expenditures. TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY Cybersecurity and Infrastructure Security Agency As authorized by Public Law 115-278, the Secretary transferred the Federal Protective Service (FPS) to the Management Directorate on May 9, 2019. The fiscal year 2020 funding for FPS is therefore appropriated within the Management Directorate. Not later than 45 days after the date of enactment of this Act, and quarterly thereafter, the Cybersecurity and Infrastructure Security Agency (CISA) is directed to brief the Committees on each of the following: a summary spending plan; detailed hiring plans for each of the mission critical occupations; procurement plans for all major investments; and an execution strategy for each of the new initiatives funded in this agreement. OPERATIONS AND SUPPORT The agreement provides an increase of $287,679,000 above the budget request including $9,109,000 to fund personnel cost adjustments. Of the amount provided, $31,793,000 is available until September 30, 2021, to include: $21,793,000 for the National Infrastructure Simulation Analysis Center (NISAC) and $10,000,000 for hiring initiatives. [[Page H11019]] The agreement rejects the following proposed reductions to initiatives funded in fiscal year 2019: $11,400,000 for operations related to Industrial Control Systems; $3,000,000 for the SLTT cybersecurity information sharing program; $3,000,000 for cybersecurity services for the non-election critical infrastructure sectors; $7,971,000 for cybersecurity advisors; $4,300,000 for the Cybersecurity Education and Training Assistance Program; $3,600,000 for the Continuous Diagnostics and Mitigation program (CDM); $5,425,000 for regionalization efforts to improve service delivery to the field; $18,500,000 for the Chemical Facility Anti-Terrorism Standards program; $1,200,000 for the Office of Bombing Prevention Train-the-Trainer program; $9,738,000 for the NISAC; $1,700,000 for the software assurance program; and $2,000,000 to continue efforts to ensure the integrity of supply chains. The agreement includes a total of $43,510,000 for the Election Infrastructure Security Initiative, $19,439,000 above the request, to support SLTT governments through the Multi-State Information Sharing and Analysis Center and the National Risk Management Center to increase election security and counter foreign influence. Cybersecurity Cybersecurity Workforce.--The agreement includes an increase of $7,100,000 above the request for CISA to expedite national cybersecurity education, training, and workforce development efforts to build a cybersecurity workforce as a national security asset. CISA is directed to develop a consolidated plan that defines a path to educate the cybersecurity workforce of the future and develop content that includes partnering with at least two academic institutions of higher education to cultivate a non- traditional workforce, focused on reaching rural, minority, gender diverse, and veteran populations. These efforts could include cybersecurity competitions and associated costs to identify cyber excellence throughout the nation and within the Federal government. The plan should also clearly articulate measurable outcomes for how efforts comply with Executive Order 13800 and its resulting recommendations. This program is subject to the briefing requirements described above. To address the requirements described in the House and Senate Reports, a briefing shall be provided in collaboration with the Office of Management and Budget (OMB), the Department of Commerce, the Office of Personnel Management, and other agencies and organizations with responsibilities for this issue. CISA is further directed to brief the Committees, not later than 90 days after the date of enactment of this Act, on the deliverables required in the ``Solving the Federal Cybersecurity Workforce Shortage'' proposal; the Executive Order on America's Cybersecurity Workforce; and the November 16, 2017 report entitled ``Supporting the Growth and Sustainment of the Nation's Cybersecurity Workforce''. CyberSentry.--The agreement includes $7,000,000 for the proposed CyberSentry pilot program, which is $4,000,000 less than the request due to revised cost estimates. Prior to obligating such funds, CISA is directed to brief the Committees on its plan for the program, to include: its process for choosing which vendors, if any, will be used to support the program; its process for choosing which industrial control system owner operators will be selected to participate in the program; and the performance measures that will be used to evaluate the program. Further, CISA is directed to include as a part of its program, an assessment of the state of the market to meet the capabilities sought by this pilot program and an evaluation of any market advancements required to meet such demands. Federal Cybersecurity.--The agreement includes an increase above the request of $13,000,000 to accelerate data protection and dashboard deployment for the CDM program. CISA is directed to provide a report not later than 180 days after the date of enactment of this Act detailing how CISA will modernize CDM and National Cybersecurity Protection System (NCPS), including EINSTEIN, to ensure they remain operationally effective given changing trends in technology, the federal workforce, threats, and vulnerabilities. The report shall address the requirements described in the House and Senate Reports. Federal Network Services and Modernization.--The agreement includes $25,050,000 for a Cybersecurity Shared Services Office, as described in the House and Senate Reports. Regionalization Effort.--The agreement includes an increase of $5,000,000 above the request to support expansion of CISA regional operations. Threat Analysis and Response.--The agreement includes an increase of $34,000,000 above the request for threat detection and response capacity. This funding will help address gaps across CISA's threat-focused efforts, including analysis, counter-threat product development, operations planning, operational coordination, and hunt and response teams. Vulnerability Management.--The agreement includes an increase of $58,500,000 above the request to increase CISA's service capacity for Federal and SLTT governments, critical infrastructure, and industrial control systems. Funds will be used to support the identification of new cybersecurity vulnerabilities and a coordinated plan for potential disclosures of such vulnerabilities, and for requirements of the National Vulnerability Database and the Common Vulnerability Enumeration. Funded activities include: vulnerability and risk analyses; enhancing assessment methodologies; cyber hygiene services; and other related requirements necessary to mature CISA's overall vulnerability management posture. Infrastructure Protection Bombing Prevention.--The agreement includes an increase of $5,367,000 above the request to: continue to expand the Train-the-Trainer program and other training modalities; enhance the National Counter-Improvised Explosive Device Capability Assessment Database and technical assistance initiatives needed to track and close capability gaps; and expand the Bomb-making Materials Awareness Program for explosive precursor security. Regionalization Effort.--The agreement includes an increase of $4,200,000 above the request to continue to support CISA's regionalization effort. Soft Targets and Crowded Places.--The agreement includes an increase of $5,000,000 above the request to continue CISA's efforts to improve the security of soft targets and crowded places, as described in the House Report. Emergency Communications First Responder Emergency Medical Communications.--The agreement includes $2,000,000 for CISA to administer SLTT projects, as in prior years, that aid in the implementation of the National Emergency Communications Plan and demonstration of emergency medical communications in rural areas. Integrated Operations The recommendation includes the following increases above the request: $15,000,000 to continue developing CISA's supply chain analysis capabilities, as described in the House and Senate Reports; and $1,850,000 to continue CISA's regionalization efforts. Industrial Control Systems (ICS).--The agreement includes an increase of $10,000,000 above the request for risk analyses of ICS, to include water ICS, as described in the House Report. Mission Support The agreement rejects the proposed $3,230,000 reduction to mission support activities and provides an increase of $2,000,000 to improve recruitment and hiring efforts. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Cybersecurity Continuous Diagnostics and Mitigation.--The agreement includes an increase of $75,884,000 above the request to support evolving requirements of CDM capabilities, to include: federal network infrastructure evolution and modernization; data protection and dashboard deployment; deployment of protections to mobile devices; and other enhancements. Of the amount provided, not less than $3,000,000 shall be for endpoint protection. National Cybersecurity Protection System (NCPS).--The agreement includes $60,000,000 above the request for NCPS to establish and operate a centralized Federal Domain Name System egress service. RESEARCH AND DEVELOPMENT Cybersecurity The agreement supports funding for cybersecurity research and development; through the Science and Technology Directorate instead of CISA as described in both the House and Senate Reports. Integrated Operations The agreement includes an increase of $5,000,000 above the request for the Technology Development and Deployment Program, as described in the House Report. The agreement includes $3,000,000 above the request to develop capabilities to model, simulate, and conduct other advanced analytics of disruptions to cyber and infrastructure networks. Federal Emergency Management Agency OPERATIONS AND SUPPORT The agreement provides $14,204,000 below the budget request. A realignment of $33,463,000 is included for facilities that directly support disaster response and recovery operations, as described under the Disaster Relief Fund (DRF). As requested, $2,000,000 is included in the Preparedness and Protection PPA for carrying out the Emergency Management Assistance Compact. The agreement also provides an additional $1,200,000 to support an urban flooding initiative, as described in the Senate Report; $4,294,000 for communications equipment and architecture as described in the House Report; and $858,000 for vehicle recapitalization at Mt. Weather. The agreement rejects the following proposed reductions: $1,800,000 to administer predisaster mitigation programs in conjunction with funds made available through the DRF; $1,000,000 for interoperable gateway system expansion; and $7,787,000 for personnel cost adjustments. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement includes an increase of $19,700,000 above the budget request, including: $18,200,000 for design work and renovation of facilities at the Center for Domestic Preparedness; and $4,500,000 for deferred maintenance at the National Emergency Training Center. A total of $3,000,000 is realigned to the DRF base account for facilities that directly support disaster response and recovery operations. FEDERAL ASSISTANCE (including transfer of funds) The agreement includes an increase of $708,452,000 above the budget request, including $629,000 for personnel cost adjustments. [[Page H11020]] The amount provided for this appropriation by PPA is as follows: ------------------------------------------------------------------------ Budget Estimate Final Bill ------------------------------------------------------------------------ Federal Assistance Grants State Homeland Security $331,939,000 $560,000,000 Grant Program............ (Operation - - - (90,000,000) Stonegarden)......... (Tribal Security - - - (15,000,000) Grant)............... (Non-profit Security). - - - (40,000,000) Urban Area Security 426,461,000 665,000,000 Initiative............... (Non-profit Security). - - - (50,000,000) Public Transportation 36,358,000 100,000,000 Security Assistance...... (Amtrak Security)..... - - - (10,000,000) (Over-the-Road Bus - - - (2,000,000) Security)............ Port Security Grants...... 36,358,000 100,000,000 Assistance to Firefighter 344,344,000 355,000,000 Grants................... Staffing for Adequate Fire 344,344,000 355,000,000 and Emergency Response (SAFER) Grants........... Emergency Management 279,335,000 355,000,000 Performance Grants....... National Priorities 430,350,000 - - - Security Grant Program... Flood Hazard Mapping and 100,000,000 263,000,000 Risk Analysis Program (RiskMAP)................ Regional Catastrophic - - - 10,000,000 Preparedness Grants...... High Hazard Potential Dams - - - 10,000,000 Emergency Food and Shelter - - - 125,000,000 ------------------------------------- Subtotal, Grants...... $2,329,489,000 $2,898,000,000 Targeted Violence and Terrorism Prevention Grants (transfer from - - - 10,000,000 OSEM).................... Education, Training, and Exercises................ Center for Domestic 66,072,000 66,796,000 Preparedness......... Center for Homeland - - - 18,000,000 Defense and Security. Emergency Management 19,093,000 20,998,000 Institute............ U.S. Fire 46,605,000 46,844,000 Administration....... National Domestic - - - 101,000,000 Preparedness Consortium........... Continuing Training - - - 8,000,000 Grants............... National Exercise 18,756,000 18,829,000 Program.............. ------------------------------------- Subtotal, $150,526,000 $280,467,000 Education, Training, and Exercises........ ------------------------------------- Subtotal, Federal $2,480,015,000 $3,188,467,000 Assistance....... ------------------------------------------------------------------------ Continuing Training Grants.--The agreement includes $8,000,000 for Continuing Training Grants to support competitively-awarded training programs to address specific national preparedness gaps, such as cybersecurity, economic recovery, housing, and rural and tribal preparedness. Of this amount, not less than $3,000,000 shall be prioritized to be competitively awarded for Federal Emergency Management Agency-certified rural and tribal training. U.S. Fire Administration.--Of the total provided for the U.S. Fire Administration, the agreement includes full funding for State Fire Training Grants, in addition to the funding direction provided in the Senate Report. Not later than 180 days after the date of enactment of this Act, FEMA shall brief the Committees on a plan for awarding such grants. Urban Area Security Initiative (UASI).--Consistent with the Implementing Recommendations of the 9/11 Commission Act, the agreement requires FEMA to conduct risk assessments for the 100 most populous metropolitan statistical areas prior to making UASI grant awards. It is expected that UASI funding will be limited to urban areas representing up to 85 percent of the cumulative national terrorism risk to urban areas and that resources will continue to be allocated in proportion to risk. DISASTER RELIEF FUND The agreement provides $17,863,259,000, which is $3,313,575,000 above the request. Of the total, $17,352,112,000 is provided through the budget cap adjustment for major disaster response and recovery activities and $511,147,000 is for base DRF activities. Disaster Readiness and Support.--After the fiscal year 2020 President's budget was submitted, a request was made to realign FEMA funding for facilities that directly support disaster response and recovery operations. The realignment of $33,463,000 from Operations and Support and $3,000,000 from Procurement, Construction, and Improvements (PC&I) to the DRF base is reflected in the bill. With the exception of this purpose, FEMA is directed to continue to adhere to the direction in House Report 114-215 with regard to the purposes of the Operations and Support and DRF base accounts. FEMA is directed to submit a report to the Committees not later than 60 days after the date of enactment of this Act, documenting the criteria and guidance for determining when an expense should be charged to the DRF base, to Operations and Support, or to another account for future years. The report shall also include amounts by fiscal year and by account for all activities described in House report 114-215 related to these disaster related activities since fiscal year 2016. The purpose of this information is to facilitate oversight by enabling cost comparisons in future years. Predisaster Hazard Mitigation.--FEMA is directed to brief the Committees not later than 30 days after the date of enactment of this Act on the implementation of programs under section 203 of the Stafford Act. The briefing shall include: the status of transitioning the Predisaster Mitigation Grant Program (PDM) to National Public Infrastructure Pre-Disaster Mitigation Assistance (NPIPMA) program; a schedule for implementing and awarding such grants not later than the end of fiscal year 2020; how input provided by SLTT has been incorporated; how the needs of mitigation partners will be met; and how innovation and incentives will be incorporated into the program. Further, the briefing shall include a timeframe for documenting a clear policy on how FEMA will account for variations in funding levels based on the nature of NPIPMA being a percentage of disaster spending. The policy should ensure SLTT can plan for effective projects by avoiding disruptive fluctuations in funding levels. Last, the briefing shall include a clear plan for how FEMA can best use funds recovered from previous PDM projects, with a clear description of the amount and source of the funds. NATIONAL FLOOD INSURANCE FUND The agreement includes an increase of $616,000 above the budget request for personnel cost adjustments. TITLE III--ADMINISTRATIVE PROVISIONS Section 301. The agreement continues a provision limiting expenses for administration of grants. Section 302. The agreement continues a provision specifying timeframes for certain grant applications and awards. Section 303. The agreement continues a provision specifying timeframes for information on certain grant awards. Section 304. The agreement continues a provision that addresses the availability of certain grant funds for the installation of communications towers. Section 305. The agreement continues a provision requiring a report on the expenditures of the DRF. Section 306. The agreement includes and modifies a provision permitting certain waivers to SAFER grant program requirements. Section 307. The agreement continues a provision providing for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program, as authorized by Public Law 105-276. [[Page H11021]] TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES United States Citizenship and Immigration Services OPERATIONS AND SUPPORT The agreement includes an increase of $809,000 above the budget request for personnel cost adjustments. Application Processing.--The agreement directs USCIS to brief the Committees within 90 days of the date of enactment of this Act on the number of application forms processed by month for fiscal years 2016 through 2019 for the following: form I-130 (Petition for Alien Relative); form I-485 (Application to Register Permanent Residence or Adjust Status); form I-751 (Petition to Remove Conditions on Residence); form N-400 (Application for Naturalization); and forms for initial and renewed employment authorization. The briefing shall include the following data, where applicable, on the immigration status of the petitioner (U.S. citizen or legal permanent resident); nationality of the applicant; processing time; and field office or service center to which the application was assigned. The briefing will also include reasons for delays in processing applications and petitions, including employment authorizations, and what steps USCIS is taking to address the delays. Fee Waivers.--USCIS is encouraged to continue the use of fee waivers for applicants who demonstrate an inability to pay the naturalization fee, and to consider, in consultation with the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman), whether the current naturalization fee is a barrier to naturalization for those earning between 150 percent and 200 percent of the federal poverty guidelines and who are not currently eligible for a fee waiver, and provide a briefing to the Committees within 60 days of the date of enactment of this Act. Further, USCIS is encouraged to refrain from imposing fees on any individual filing a humanitarian petition, including, but not limited to, individuals requesting asylum; refugee admission; protection under the Violence Against Women Act; Special Immigrant Juvenile status; a T or U visa; or requests adjustment of status or petitions for another benefit after receiving humanitarian protection. USCIS shall consult with the CIS Ombudsman on the impact of imposing such fees and provide a briefing to the Committees within 60 days of the date of enactment of this Act. H-2A and H-2B Visa Program Processes.--Not later than 120 days after the date of enactment of this Act, DHS, the Department of Labor, the Department of State, and the United States Digital Service are directed to report on options to improve the execution of the H-2A and H-2B visa programs, including: processing efficiencies; combatting human trafficking; protecting worker rights; and reducing employer burden, to include the disadvantages imposed on such employers due to the current semiannual distribution of H-2B visas on October 1 and April 1 of each fiscal year. USCIS is encouraged to leverage prior year materials relating to the issuance of additional H-2B visas, to include previous temporary final rules, to improve processing efficiencies. FEDERAL ASSISTANCE The recommendation includes $10,000,000 above the request to support the Citizenship and Integration Grant Program. In addition, USCIS continues to have the authority to accept private donations to support this program. USCIS is directed to provide an update on its planned use of this authority not later than 30 days after the date of enactment of this Act, to include efforts undertaken to solicit private donations. Federal Law Enforcement Training Centers OPERATIONS AND SUPPORT The agreement provides $292,997,000 for Operations and Support, including $724,000 for personnel cost adjustments and $6,755,000 to support additional basic training requirements. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement provides an increase of $11,824,000 above the request for the highest priority Procurement, Construction, and Improvements projects. Federal Law Enforcement Training Centers is required to brief the Committees not later than 30 days after the date of enactment of this Act on the proposed allocation of funds, by project, and to subsequently update the Committees on any changes from the planned allocation. Science and Technology Directorate OPERATIONS AND SUPPORT The agreement provides $314,864,000 for Operations and Support. The agreement does not accept the proposed decreases to Operations and Support and includes $2,472,500 above the requested amount for personnel cost adjustments. RESEARCH AND DEVELOPMENT The agreement includes $119,248,000 above the request for Research and Development. The Science and Technology Directorate is directed to consider projects referenced in the House and Senate Reports and brief the Committees not later than 30 days after the date of enactment of this Act on the proposed allocation of Research and Development funds by project and to subsequently update the Committees on any changes from the planned allocation. The intent of Senate language on Software Assurances is to support self-adapting security mechanisms that can quickly respond to cyberattacks by deploying countermeasures to increase system resiliency. Countering Weapons of Mass Destruction Office OPERATIONS AND SUPPORT The agreement provides $179,467,000 for Operations and Support, including an increase of $841,000 for personnel cost adjustments. The proposed realignments of funding for radiation portal monitors and portable detection systems from Procurement, Construction, and Improvements to Operations and Support are rejected. Funding for these programs is provided in Procurement, Construction, and Improvements as described. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement provides $118,988,000 for Procurement, Construction, and Improvements. Of the total, $27,000,000 is included for portable detection systems and $13,747,000 is for radiation portal monitor programs. Funding for development of uranium target plates, as described in the House Report, is not included in the total, as that effort is addressed in another Act. RESEARCH AND DEVELOPMENT The agreement provides $69,181,000 for Research and Development, of which an increase of $1,500,000 above the request is for active neutron interrogation in the Transformational Research and Development PPA as described in the Senate Report. TITLE IV--ADMINISTRATIVE PROVISIONS Section 401. The agreement continues a provision allowing USCIS to acquire, operate, equip, and dispose of up to five vehicles under certain scenarios. Section 402. The agreement continues a provision limiting the use of A-76 competitions by USCIS. Section 403. The agreement includes a provision requiring USCIS to provide data about its credible and reasonable fear processes. Section 404. The agreement continues a provision authorizing the Director of FLETC to distribute funds for incurred training expenses. Section 405. The agreement continues a provision directing the FLETC Accreditation Board to lead the federal law enforcement training accreditation process to measure and assess federal law enforcement training programs, facilities, and instructors. Section 406. The agreement continues a provision allowing the acceptance of transfers from government agencies into ``Federal Law Enforcement Training Centers--Procurement, Construction, and Improvements''. Section 407. The agreement continues a provision classifying FLETC instructor staff as inherently governmental for certain considerations. TITLE V--GENERAL PROVISIONS (INCLUDING RESCISSIONS OF FUNDS) Section 501. The agreement continues a provision directing that no part of any appropriation shall remain available for obligation beyond the current year unless expressly provided. Section 502. The agreement continues a provision providing authority to merge unexpended balances of prior appropriations with new appropriation accounts, to be used for the same purpose, subject to reprogramming guidelines. Section 503. The agreement continues a provision limiting reprogramming authority for funds within an appropriation and providing limited authority for transfers between appropriations. All components funded by the Department of Homeland Security Appropriations Act, 2020, must comply with these transfer and reprogramming requirements. The Department must notify the Committees on Appropriations prior to each reprogramming of funds that would reduce programs, projects, activities, or personnel by ten percent or more. Notifications are also required for each reprogramming of funds that would increase a program, project, or activity by more than $5,000,000 or ten percent, whichever is less. The Department must submit these notifications to the Committees on Appropriations at least 15 days in advance of any such reprogramming. For purposes of reprogramming notifications, ``program, project, or activity'' is defined as an amount identified in the detailed funding table located at the end of this statement or an amount directed for a specific purpose in this statement. Also, for purposes of reprogramming notifications, the creation of a new program, project, or activity is defined as any significant new activity that has not been explicitly justified to the Congress in budget justification material and for which funds have not been appropriated by the Congress. For further guidance when determining which movements of funds are subject to section 503, the Department is reminded to follow GAO's definition of ``program, project, or activity'' as detailed in the GAO's A Glossary of Terms Used in the Federal Budget Process. Within 30 days of the date of enactment of this Act, the Department shall submit to the Committees a table delineating PPAs subject to section 503 notification requirements, as defined in this paragraph. [[Page H11022]] Limited transfer authority is provided to give the Department flexibility in responding to emerging requirements and significant changes in circumstances, but is not primarily intended to facilitate the implementation of new programs, projects, or activities that were not proposed in a formal budget submission. Transfers may not reduce accounts by more than five percent or increase accounts by more than ten percent. The Committees on Appropriations must be notified not fewer than 30 days in advance of any transfer. To avoid violations of the Anti-Deficiency Act, the Secretary shall ensure that any transfer of funds is carried out in compliance with the limitations and requirements of section 503(b). In particular, the Secretary should ensure that any such transfers adhere to the opinion of the Comptroller General's decision in the Matter of: John D. Webster, Director, Financial Services, Library of Congress, dated November 7, 1997, with regard to the definition of an appropriation subject to transfer limitations. The Department shall submit notifications on a timely basis and provide complete explanations of the proposed reallocations, including detailed justifications for the increases and offsets, and any specific impact the proposed changes would have on the budget request for the following fiscal year and future-year appropriations requirements. Each notification submitted to the Committees should include a detailed table showing the proposed revisions to funding and FTE - at the account, program, project, and activity level - for the current fiscal year, along with any funding and FTE impacts on the budget year. The Department shall manage its programs, projects, and activities within the levels appropriated, and should only submit reprogramming or transfer notifications in cases of unforeseeable and compelling circumstances that could not have been predicted when formulating the budget request for the current fiscal year. When the Department submits a reprogramming or transfer notification and does not receive identical responses from the House and Senate Committees, it is expected to reconcile the differences before proceeding. The Department is not to submit a reprogramming or transfer notification after June 30 except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. If an above-threshold reprogramming or a transfer is needed after June 30, the notification should contain sufficient documentation as to why it meets this statutory exception. Deobligated funds are also subject to the reprogramming and transfer limitations and requirements set forth in section 503. Section 503(f) authorizes the Secretary to transfer up to $20,000,000 to address immigration emergencies after notifying the Committees of such transfer at least five days in advance. Section 504. The agreement continues a provision by reference, prohibiting funds appropriated or otherwise made available to the Department to make payment to the WCF, except for activities and amounts allowed in the President's fiscal year 2020 budget request. Funds provided to the WCF are available until expended. The Department can only charge components for direct usage of the WCF and these funds may be used only for the purposes consistent with the contributing component. Any funds paid in advance or for reimbursement must reflect the full cost of each service. The Department shall submit a notification prior to adding a new activity to the fund or eliminating an existing activity from the fund. For activities added to the fund, such notifications shall detail the source of funds by PPA. In addition, the Department shall submit quarterly WCF execution reports to the Committees that include activity level detail. Section 505. The agreement continues a provision providing that not to exceed 50 percent of unobligated balances from prior-year appropriations for each Operations and Support appropriation, shall remain available through fiscal year 2021, subject to section 503 reprogramming requirements. Section 506. The agreement continues a provision that deems intelligence activities to be specifically authorized during fiscal year 2020 until the enactment of an Act authorizing intelligence activities for fiscal year 2020. Section 507. The agreement continues a provision requiring notification to the Committees at least three days before DHS executes or announces grant allocations; grant awards; contract awards, including contracts covered by the Federal Acquisition Regulation; other transaction agreements; letters of intent; task or delivery orders on multiple contract awards totaling $1,000,000 or more; task or delivery orders greater than $10,000,000 from multi-year funds; or sole- source grant awards. Notifications shall include a description of the project or projects or activities to be funded and the location, including city, county, and state. If the Secretary determines that compliance would pose substantial risk to health, human life, or safety, an award may be made without prior notification but the Committees shall be notified within 5 full business days after such award or letter is issued. Section 508. The agreement continues a provision prohibiting all agencies from purchasing, constructing, or leasing additional facilities for federal law enforcement training without advance notification to the Committees. Section 509. The agreement continues a provision prohibiting the use of funds for any construction, repair, alteration, or acquisition project for which a prospectus, if required under chapter 33 of title 40, United States Code, has not been approved. Section 510. The agreement continues a provision that includes and consolidates by reference prior-year statutory provisions related to a contracting officer's technical representative training; sensitive security information; and the use of funds in conformance with section 303 of the Energy Policy Act of 1992. Section 511. The agreement continues a provision prohibiting the use of funds in contravention of the Buy American Act. Section 512. The agreement continues a provision regarding the oath of allegiance required by section 337 of the Immigration and Nationality Act. Section 513. The agreement continues a provision that precludes DHS from using funds in this Act to carry out reorganization authority. This prohibition is not intended to prevent the Department from carrying out routine or small reallocations of personnel or functions within components, subject to section 503 of this Act. This section prevents large-scale reorganization of the Department, which should be acted on legislatively by the relevant congressional committees of jurisdiction. Any DHS proposal to reorganize components that is included as part of a budget request will be considered by the Committees. Section 514. The agreement continues a provision prohibiting funds for planning, testing, piloting, or developing a national identification card. Section 515. The agreement continues a provision directing that any official required by this Act to report or certify to the Committees on Appropriations may not delegate such authority unless expressly authorized to do so in this Act. Section 516. The agreement continues a provision prohibiting the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba into or within the United States. Section 517. The agreement continues a provision prohibiting funds in this Act to be used for first-class travel. Section 518. The agreement continues a provision prohibiting the use of funds to employ illegal workers as described in Section 274A(h)(3) of the Immigration and Nationality Act. Section 519. The agreement continues a provision prohibiting funds appropriated or otherwise made available by this Act to pay for award or incentive fees for contractors with below satisfactory performance or performance that fails to meet the basic requirements of the contract. Section 520. The agreement continues a provision prohibiting the use of funds to enter into a federal contract unless the contract meets requirements of the Federal Property and Administrative Services Act of 1949 or chapter 137 of title 10 U.S.C., and the Federal Acquisition Regulation, unless the contract is otherwise authorized by statute without regard to this section. Section 521. The agreement continues a provision requiring DHS computer systems to block electronic access to pornography, except for law enforcement purposes. Section 522. The agreement continues a provision regarding the transfer of firearms by federal law enforcement personnel. Section 523. The agreement continues a provision regarding funding restrictions and reporting requirements related to conferences occurring outside of the United States. Section 524. The agreement continues a provision prohibiting funds to reimburse any Federal department or agency for its participation in a National Special Security Event. Section 525. The agreement continues a provision requiring a notification, including justification materials, prior to implementing any structural pay reform that affects more than 100 FTPs or costs more than $5,000,000. Section 526. The agreement continues a provision directing the Department to post on a public website reports required by the Committees on Appropriations unless public posting compromises homeland or national security or contains proprietary information. Section 527. The agreement continues a provision authorizing minor procurement, construction, and improvements under Operations and Support accounts. Section 528. The agreement continues a provision related to the Arms Trade Treaty. Section 529. The agreement continues a provision to authorize discretionary funding for primary and secondary schooling of dependents in areas in territories that meet certain criteria. The provision provides limitations on the type of eligible funding sources. Section 530. The agreement continues a provision providing $41,000,000 for ``Federal Emergency Management Agency-- Federal Assistance'' to reimburse extraordinary law enforcement personnel overtime costs for protection activities directly and demonstrably associated with a residence of the President that is designated for protection. Section 531. The bill continues and modifies a provision extending other transaction authority for the Department through fiscal year 2020. Section 532. The agreement includes and modifies a provision regarding congressional visits to detention facilities. [[Page H11023]] Section 533. The agreement includes a provision prohibiting the use of funds to use restraints on pregnant detainees in DHS custody except in certain circumstances. Section 534. The agreement continues a provision prohibiting the use of funds for the destruction of records related to the sexual abuse or assault of detainees in custody. Section 535. The agreement continues a provision prohibiting funds for the Principal Federal Official during a Stafford Act declared disaster or emergency, with certain exceptions. Section 536. The agreement continues a provision concerning offsets for fee increase proposals. Section 537. The agreement includes a new provision rescinding emergency supplemental funding. Section 538. The agreement includes a provision rescinding unobligated balances from specified sources. Section 539. The agreement includes a provision rescinding lapsed balances pursuant to Section 505 of this bill. Section 540. The agreement includes a provision rescinding unobligated balances from the Disaster Relief Fund. 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