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 H11061-H11484] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] [[Page H11061]] ----------------------------------------------------------------------- House of Representatives EXPLANATORY STATEMENT SUBMITTED BY MRS. LOWEY, CHAIRWOMAN OF THE HOUSE COMMITTEE ON APPROPRIATIONS REGARDING H.R. 1865, FURTHER CONSOLIDATED APPROPRIATIONS ACT, 2020 The following is an explanation of the Further Consolidated Appropriations Act, 2020. This Act includes 8 regular appropriations bills for fiscal year 2020. The divisions contained in the Act are as follows:Division A--Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2020 Division B--Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2020 Division C--Energy and Water Development and Related Agencies Appropriations Act, 2020 Division D--Department of the Interior, Environment, and Related Agencies Appropriations Act, 2020 Division E--Legislative Branch Appropriations Act, 2020 Division F--Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2020 Division G--Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 Division H--Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2020 Division I--Extensions Division J--Foreign Policy Division K--National Law Enforcement Museum Commemorative Coin Division L--DHS Cyber Hunt and Incident Response Teams Division M--Bipartisan American Miners Division N--Health and Human Services Extenders Division O--Setting Every Community Up for Retirement Enhancement Division P--Other Matter 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. Section 7 of the Act relates to the cost of living adjustments for Members of Congress. Section 8 of the Act makes technical adjustments to certain reporting requirements. 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--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 The explanatory statement accompanying this division is approved and indicates Congressional intent. Unless otherwise noted, the language set forth in House Report 116-62 carries the same weight as language included in this explanatory statement and should be complied with unless specifically addressed to the contrary in this explanatory statement. While some language is repeated for emphasis, it is not intended to negate the language referred to above unless expressly provided herein. In providing the operating plan required by section 516 of this Act, the departments and agencies funded in this Act are directed to include all programs, projects, and activities, including those in House Report 116-62 and this explanatory statement accompanying this Act. All such programs, projects, and activities are subject to the provisions of this Act. In cases where House Report 116-62 or this explanatory statement directs the submission of a report, that report is to be submitted to the Committees on Appropriations of the House of Representatives and the Senate. Where this explanatory statement refers to the Committees or the Committees on Appropriations, unless otherwise noted, this reference is to the House of Representatives Subcommittee on Labor, Health and Human Services, Education, and Related Agencies and the Senate Subcommittee on Labor, Health and Human Services, Education, and Related Agencies. 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. Funds for individual programs and activities are displayed in the detailed table at the end of the explanatory statement accompanying this Act. Funding levels that are not displayed in the detailed table are identified within this explanatory statement. Any action to eliminate or consolidate programs, projects, and activities should be pursued through a proposal in the President's Budget so it can be considered by the Committees on Appropriations. Congressional Reports.--Each department and agency is directed to provide the Committees on Appropriations, within 30 days from the date of enactment of this Act and quarterly thereafter, a summary describing each requested report to the Committees on Appropriations along with its status. TITLE I DEPARTMENT OF LABOR Employment and Training Administration (ETA) TRAINING AND EMPLOYMENT SERVICES Grants to States.--The agreement is consistent with the Workforce Innovation and Opportunity Act (WIOA) authorization regarding the amount of WIOA State grant funding that may be reserved by Governors. Adult Employment and Training.--WIOA State grant funding continues to serve critical functions, including to assist States that continue to experience high unemployment. Youth Training.-- The Department is directed to evaluate incorporating resilience training and trauma-informed practices into WIOA youth job training programs and shall consult with organizations with nationally recognized expertise in such practices. The Department is directed to provide a report to the Committees within six months of enactment of this Act describing the findings of the evaluation and an assessment of how WIOA youth job training programs could adopt such practices and measure outcomes. [[Page H11062]] Dislocated Worker National Reserve Career Pathways for Youth Grants.--The bill provides $10,000,000 to utilize the demonstration grant authority under the dislocated worker national reserve for grants to support national out-of-school time organizations that serve youth and teens and place an emphasis on age-appropriate workforce readiness programming to expand job training and workforce pathways for youth and disconnected youth, including soft skill development, career exploration, job readiness and certification, summer jobs, year-round job opportunities, and apprenticeships. Funding will also support partnerships between workforce investment boards and youth serving organizations. Strengthening Community College Training Grants.--The agreement provides $40,000,000 for the Strengthening Community College Training Grant program. The Department is directed to follow all requirements and directives in House Report 116-62 related to this program, except that the Secretary shall make individual grants to community colleges of at least $1,000,000, unless grants are awarded in consortia to community colleges and other eligible institutions as defined in section 101(a) of the Higher Education Act and do not exceed $5,000,000 per grant. Workforce Opportunity for Rural Communities.--The agreement provides $30,000,000 to continue this program in the Appalachian and Delta regions. The Department is directed to ensure broad geographic distribution of funds within these regions and awards should not exceed $1,500,000 per award. Transition to WIOA.--The agreement requests additional information regarding use of the Secretary's 10 percent reservation of funds for technical assistance to transition to WIOA under the dislocated worker assistance national reserve in the fiscal year 2021 Congressional Justification. Apprenticeship Grant Program The agreement provides $175,000,000 to support registered apprenticeships and includes new bill language referencing WIOA, ensuring that funds are only used to support registered apprenticeships, and that makes funds available starting July 1, 2020 to encourage better management and oversight. The agreement notes serious concerns regarding the Department's misuse of registered apprenticeship funds and the Department's communication of this misuse to the Committees, including testimony before the Committees. The agreement notes that funding under this program should be prioritized to support State, regional, and local apprenticeship efforts, as well as efforts by intermediaries to expand registered apprenticeships into new industries and for underserved or underrepresented populations. State expansion grants have been used to positive effect in States with high unemployment. The agreement directs the Secretary to prioritize funding for national, regional, and local intermediaries. The agreement directs the Secretary to continue funding for business and labor industry partner intermediaries and ensure that labor intermediaries are given opportunities to apply for competitive grants, cooperative agreements, contracts, and other funding opportunities. The Department is encouraged to support funding industry or sector partnerships as a means of expanding registered apprenticeships in in-demand industries. The Department should collaborate with the Department of Defense to develop registered apprenticeships that address the critical national defense need for new submarine construction. The Department is encouraged to support programs in the health care, maritime, construction, and oil and gas industries. The agreement notes concerns about shortages nationwide of drinking water and wastewater management professionals and encourages the Department to address the shortage of water system management professionals. The agreement directs the Department to provide quarterly briefings on all spending activities under this program to the Committees, and to comply with directives and statements in House Report 116-62. JOB CORPS Job Corps.--In addition to the directives included in House Report 116-62, the Department is directed to provide 30 days notification to the Committees in advance of any action to close or deactivate a Job Corps Center (Center), as well as in advance of any action to establish a pilot program or demonstration project at a Center. The Department is further directed to minimize the amount of time a Center is inactive prior to commencement of a pilot program or demonstration project and to ensure training opportunities and slots do not decline as a result of such pilot or demonstration. Not later than 120 days after enactment of this Act, the Department shall provide the Committees a report on the performance of all pilot programs and demonstration projects, including a detailed description of the performance metrics used to evaluate the projects, and an analysis of the performance of pilots and projects relative to other Centers. The Department is expected to continue to comply with the directives under the heading Job Corps in Senate Report 115-289. Construction and Renovation.--The Department is encouraged to take into consideration critical municipal infrastructure deficiencies when identifying construction and renovation projects. STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS Unemployment Insurance Compensation State Unemployment System Needs.--The agreement notes that State unemployment insurance (UI) systems are critical for ensuring claimants receive timely processing of benefits. The Department is encouraged to provide above-base State UI funds through supplemental funding opportunities to States to the extent that unobligated funds, not otherwise needed for workload, are available at the end of the fiscal year. Such funds should support improving operations and modernizing State UI systems to help ensure that workers and their families receive fast and high-quality assistance in their time of need. UI Integrity Center of Excellence.--The agreement provides $9,000,000 for the continued support of the UI Integrity Center of Excellence (UIICE), including $6,000,000 for the benefit of States to the entity operating the UIICE. Employment Service National Activities.--The agreement provides $2,500,000 to reduce the processing backlog for the work opportunity tax credit program. Foreign Labor Certification The agreement includes an increase of $6,500,000 for continued implementation of the Northern Mariana Islands U.S. Workforce Act of 2018 (P.L. 115-218). The agreement urges the Department to provide careful oversight and transparency related to the timely processing of visa applications for temporary employment certifications. The agreement directs the Department to provide an update on the upgrades to the foreign labor certification technical system, including the launch of the Foreign Labor Application Gateway, in the fiscal year 2021 Congressional Justification. One-Stop Career Centers and Labor Market Information Occupational Licensing.--The Department is directed to provide a briefing within 90 days of enactment of this Act to the Committees on the outcomes and status of the occupational licensing initiative, including the impact on military spouses, dislocated workers, and transitioning service members and a review of the grants awarded in fiscal years 2016, 2017, and 2018. Employee Benefits Security Administration (EBSA) The agreement directs EBSA to prioritize audit resources to review the Thrift Savings Plan's (TSP) IT operating environment, including the adequacy of controls at contractor sites and TSP's progress in remediating previously identified issues from past EBSA audits. Pension Benefit Guaranty Corporation The agreement includes new bill language that extends the period of availability of funding for certain administrative expenses to five years to ensure the agency has sufficient time to manage a large, unanticipated influx of participants or costs. Wage and Hour Division (WHD) WHD is encouraged to hire additional investigators and restore WHD's investigative capacity. In the fiscal year 2021 Congressional Justification, WHD is directed to provide annual and historical information on the Payroll Audit Independent Determination (PAID) program, including administrative expenditures on PAID, amounts recovered through PAID, and the number of businesses participating in PAID. WHD shall collect data at the beginning of each fiscal year and submit in an electronic format yearly reports to the authorizing and appropriations Committees that shall include the following: (1) the name and address of each employer holding a certificate under 29 U.S.C. 214(c); (2) the starting date and ending date of each certificate for each employer under 29 U.S.C. 214(c); (3) information about the certificate for each employer under 29 U.S.C. 214(c), including if the certificate is an initial certificate or renewal and if the certificate is issued or pending; and (4) the current number of workers paid a subminimum wage by the employer holding the certificate under 29 U.S.C. 214(c) at the time of data collection. WHD is further directed to brief the authorizing and appropriations Committees, within 90 days of enactment of this Act, on its administration, monitoring, and enforcement of the subminimum wage program authorized under section 14(c) of the Fair Labor Standards Act. The Department is directed to provide a report within 120 days of enactment of this Act to the Committees that shall include the data and economic analysis supporting the inclusion of the housing policy for industries requiring a mobile workforce in the 2015 interim final rule leading to its publication and the benefits and costs of such policy on U.S. and guest workers and employers. Office of Workers' Compensation Programs (OWCP) There is continued concern about overreliance on unobligated funds for support of the Special Benefits for Disabled Coal Miners Program. OWCP should not take action that could disrupt the ability of the program to ensure all beneficiaries receive promised benefits. The agency is directed to include in the fiscal year 2021 Congressional Justification: (1) the number of beneficiaries each [[Page H11063]] year since fiscal year 2015 and (2) the total benefit payments and budgetary resources and expenditures within the program each year since fiscal year 2015. ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION FUND The Department shall ensure the Advisory Board on Toxic Substances and Worker Health has sufficient funding and staffing to meet its obligations. Occupational Safety and Health Administration (OSHA) The agreement directs OSHA to publish Funding Opportunity Notices for fiscal year 2020 funds for the Susan Harwood Training Grant program no later than June 30, 2020. Further, the agreement directs OSHA to provide technical assistance, guidance, and support to fiscal year 2020 applicants in order to reduce the proportion that did not meet eligibility and program requirements included in Funding Opportunity Notices in fiscal year 2019. The agreement directs OSHA, in consultation with DoD, to develop a webinar for DoD procurement officers on how to use OSHA's website to find OSHA violations and Severe Injury Reports. The webinar shall be developed and provided to DoD within 180 days of enactment of this Act and shall be sent to the Committees. Further, OSHA shall explore options for gathering and entering Employee Identification Numbers from all inspections of worksites and shall consider exemptions for small worksites with few employees. The agreement continues to provide no less than $3,500,000 for the Voluntary Protection Program (VPP). In the fiscal year 2021 Congressional Justification, OSHA is directed to include annual expenditures on VPP for each year since fiscal year 2015 as well as planned expenditures in fiscal year 2021. Mine Safety and Health Administration (MSHA) The fiscal year 2020 President's budget request proposed to allow greater flexibility by combining the enforcement functions for coal and metal/non-metal into a single enforcement budget activity. This flexibility shall only be exercised to bolster MSHA's ability to enforce the Mine Safety and Health Act and provide greater protections to miners. MSHA's Office of Accountability shall audit and publicly report findings from reviews of crossover mine inspections and monitor corrective actions to ensure MSHA activities adhere to its policies and procedures and meet the requirements of such Act. In addition, the Inspector General shall conduct a comprehensive audit of this consolidation of enforcement programs. Finally, the agency is directed to include in future Congressional Justifications historical and budget year information on enforcement activities and outcomes, distinguishing between coal and metal/non-metal mines. To promote transparency into agency spending on its enforcement activities, MSHA will continue to separately present annual spending on coal and metal/non-metal mines as it has in past Congressional Justifications. The agreement removes authority, first provided in fiscal year 2017, that allowed State assistance grants to be used by operators for purchase and maintenance of continuous personal dust monitors. No State has elected to use such authority. MSHA shall fully implement the requirements of section 103 of the Federal Mine Safety and Health Act and make inspections of each underground mine in its entirety at least four times a year and each surface mine in its entirety at least two times a year. MSHA should use existing funds to equip all MSHA mine rescue teams with next generation mine rescue communications equipment. To prepare properly for an emergency, MSHA shall continue to devote sufficient resources toward a competitive grant activity for effective emergency response and recovery training in various types of mine conditions. Bureau of Labor Statistics (BLS) The agreement includes an increase of $40,000,000 to rebuild capacity at BLS and to support a headquarters relocation to the Suitland Federal Center. With the increase, BLS is directed to support the following critical investments: Provide an annual supplement to the Current Population Survey to allow for collection of data on contingent and alternative work arrangements every two years and data on other topics related to the labor force in alternate years, including an occasional veterans supplement; Restore the production and publication of employment, unemployment, and labor force data under the Local Area Unemployment Statistics program for New England Minor Civil Divisions with populations less than 1,000; and Initiate spending on the planning and development of a new National Longitudinal Survey of Youth (NLSY) cohort. BLS shall brief the Committees on the annual costs and a five-year plan for implementing the new NLSY cohort within 90 days of enactment of this Act. When implementing these investments, BLS shall not reduce or eliminate existing statistical work. Further, BLS shall not reduce the number of full-time equivalent positions beyond the apportioned fiscal year 2019 full-time equivalent ceiling. Within the increase, the agreement includes $27,000,000 to relocate BLS headquarters. BLS is strongly urged to consider the needs of its employees throughout this transition and to work with the General Services Administration to address any outstanding safety concerns and office space considerations for the development of sensitive economic indicators. Departmental Management Bureau of International Labor Affairs (ILAB).--The agreement includes an increase of $10,000,000, of which $7,500,000 is for grants to improve countries' capacity to enforce labor rights agreed to under U.S. trade agreements and trade preference programs. The remaining $2,500,000 is provided for additional monitoring and enforcement staff at the Office of Trade and Labor Affairs and additional labor attaches in critical U.S. Embassies to increase field-based and international monitoring and labor compliance facilitation. ILAB should continue to release its annual Findings on the Worst Forms of Child Labor report, including its assessment ratings on Generalized System of Preference country efforts to implement its commitments to eliminate the worst forms of child labor, no later than it has historically. Faithful execution of the Foundations for Evidence-based Policymaking Act will enhance the evidence-building capacity of Federal agencies, strengthen privacy protections, improve secure access to data, and provide more and higher quality evidence to policymakers. The agreement directs the Department to include in the fiscal year 2021 and future Congressional Justifications an update on the implementation of such Act for the current and budget years. The agreement expects the Department to prioritize the submission of timely, accurate, quality, and complete financial and award information under existing U.S. Treasury reporting obligations in accordance with established management guidance, reporting processes, and data standards established under the requirements of the Digital Accountability and Transparency Act. The Department should continue to notify the Committees of the planned uses of funds derived from the evaluation authority in section 107 of this Act. The Department should continue to provide a report not later than 30 days after the conclusion of each quarter detailing the number of full-time equivalent employees and attrition by principal office and appropriations account. Veterans Employment and Training Disabled Veterans.--The agreement provides $300,000 for the purposes associated with the Disabled Veteran Program in House Report 116-62. Transition Assistance Program.--The agreement provides $29,379,000, an increase of $6,000,000, for the transition assistance program (TAP). Within that amount, the agreement provides $8,000,000 to enhance the quality of employment support services for transitioning service members, with a focus on improved outcomes. The agreement includes $1,500,000 for TAP course curriculum for military spouses, who are currently eligible for the same TAP resources as service members. Such curriculum should include resources and information on related State and Federal license and credential portability. General Provisions The agreement modifies a provision related to the Treasure Island Job Corps Center. The agreement includes a new provision related to H-1B fees. The agreement modifies a provision related to funds available to State Unemployment Insurance information technology consortia. The agreement includes a new provision related to Job Corps Civilian Conservation Centers. TITLE II DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration (HRSA) PRIMARY HEALTH CARE Domestic HIV Initiative.--The agreement includes $50,000,000 for the first year of an initiative to reduce HIV transmission. Funds will be distributed to Health Centers in high-need jurisdictions to increase the use of pre-exposure prophylaxis (PrEP) among high-risk groups. HRSA Strategy to Address Intimate Partner Violence.--The agreement provides no less than $1,000,000 for the HRSA Strategy to Address Intimate Partner Violence to continue support for training, technical assistance, and resource development to assist public health and healthcare professionals in better serving impacted individuals and communities. Native Hawaiian Health Care.--The agreement provides no less than $19,000,000 for this program. Technical Assistance.--The agreement includes funds to enhance technical assistance and training activities, further quality improvement initiatives, and continue the development of and support for health center-controlled networks so that new and existing centers can improve patient access. The agreement provides $1,000,000 for technical assistance grants in States with a disproportionate share of new HIV diagnoses in rural areas. HEALTH WORKFORCE National Health Service Corps.--HRSA is instructed to provide a report no later than 120 [[Page H11064]] days after enactment of this Act on the data collected on maternity care target areas, including the availability and need of maternity care health services in health professional shortage areas (HPSAs), and in the target areas within such HPSAs. Midwife Training.--Within the total for Scholarships for Disadvantaged Students, the agreement includes no less than $2,500,000 to educate midwives to address the national shortage of maternity care providers, and specifically to address the lack of diversity in the maternity care workforce. Area Health Education Centers.--The agreement encourages HRSA to invest in interprofessional networks that address social determinants of health and incorporate field placement programs for rural and medically-underserved populations. Mental and Substance Use Disorder Workforce Training Demonstration.--Within the total for Behavioral Health Workforce Education and Training (BHWET), the agreement includes no less than $26,700,000 to establish the Mental and Substance Use Disorder Workforce Training Demonstration, as authorized under section 9022 of the 21st Century Cures Act (P.L. 114-255) and described in House Report 116-62. Peer Support.--Within the total for BHWET, the agreement includes no less than $10,000,000 for community-based experiential training for students preparing to become peer support specialists and other types of behavioral health- related paraprofessionals, as described in House Report 116- 62. Loan Repayment Program for Substance Use Disorder Treatment Workforce.--Within the total for BHWET, the agreement includes no less than $12,000,000 to establish the Loan Repayment Program for Substance Use Disorder Treatment Workforce, as authorized under section 7071 of the SUPPORT for Patients and Communities Act (P.L. 115-271) and described in House Report 116-62. Nurse Education, Practice, Quality and Retention.--The agreement includes $2,000,000 for new competitive grants to enhance nurse education and strengthen the nursing workforce through the expansion of experiential learning opportunities. HRSA is directed to ensure that these grants include as an allowable use the purchase of simulation training equipment. HRSA shall give priority to grantees located in a medically- underserved area in a State with an age-adjusted high burden of stroke, heart disease, and obesity, and HRSA is encouraged to prioritize submissions that support high poverty rate communities. Nurse Practitioner Optional Fellowship Program.--The agreement includes $5,000,000 to make grants to establish or expand optional community-based nurse practitioner fellowship programs that are accredited or in the accreditation process for practicing postgraduate nurse practitioners in primary care or behavioral health, as described in House Report 116- 62. Veterans' Bachelor of Science Degree in Nursing.--HRSA is encouraged to consider the successful past practice of entities that have received funding from this nursing program in making new awards that support veterans and expand the nursing workforce. Nursing Workforce Diversity.--The agreement includes no less than $1,000,000 to support a model program under section 821 of the Public Health Service Act to increase and strengthen the eldercare workforce in rural counties where there are health care disparities related to access and delivery of care. HRSA shall give priority to eligible entities with training programs that serve one or more communities that have: (1) a poverty rate exceeding 32 percent and a median household income below $34,000 a year as reported by the Census Bureau's Small Area Income and Poverty Estimates program for 2017; and (2) are located in a State with an elderly population that exceeds 15 percent of the total State's population as reported by the Census Bureau for 2018. Funding will support education, training, and partnerships with academia; primary care delivery sites; community-based organizations; and other healthcare delivery sites. HRSA is directed to give priority to established and reputable nursing programs in historically black colleges and universities that can demonstrate increased educational opportunities for individuals from disadvantaged backgrounds. Advanced Education Nursing.--The agreement provides $9,000,000 to award grants for the clinical training of sexual assault nurse examiners as described in Senate Report 115-150. Medical Student Education.--The agreement provides up to $35,000,000 to fund additional applications received in fiscal year 2019. Of the remaining amount, the agreement directs HRSA to make supplementary grant awards to entities funded in fiscal year 2019. Reports.--The agreement requests that HRSA provide the reports requested under the Health Workforce header in House Report 116-62 within 180 days of enactment of this Act. MATERNAL AND CHILD HEALTH Alliance for Maternal Health Safety Bundles.--The agreement includes $5,000,000 for implementation of maternal safety bundles in all U.S. States, the District of Columbia, and U.S. territories, as well as tribal entities. Children's Health and Development.--The agreement provides $3,500,000 within Special Projects of Regional and National Significance (SPRANS) for another year of funding for the study focused on improving child health through a statewide system of early childhood developmental screenings and interventions. Hemophilia Treatment Centers.--The agreement provides level funding for Hemophilia Treatment Centers. Infant-Toddler Court Teams.--The agreement includes no less than $10,000,000 for the third year of a cooperative agreement to support research-based Infant-Toddler Court Teams to change child welfare practices to improve the well- being of infants, toddlers, and their families, as described in House Report 116-62. Set-asides within SPRANS.--The agreement includes the following set-asides within SPRANS. Within the set-aside for Oral Health, $250,000 is provided for activities described in House Report 116-62. ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Set-aside for Oral Health............................... $5,250,000 Set-aside for Epilepsy.................................. 3,642,000 Set-aside for Sickle Cell Disease....................... 3,000,000 Set-aside for Fetal Alcohol Syndrome.................... 1,000,000 ------------------------------------------------------------------------ Autism and Other Developmental Disorders.--The agreement includes $52,344,000 for the Autism and Other Developmental Disorders program. Within that total, the agreement provides not less than $35,245,000 for the Leadership Education in Neurodevelopmental and Related Disabilities program. Severe Combined Immunodeficiency.--Within the total for the Heritable Disorders Program, the agreement includes no less than $3,000,000 for the third year of a grant to support implementation, education, and awareness of newborn screening for Severe Combined Immune Deficiency and related disorders. Healthy Start.--Within the total, the agreement includes no less than $15,000,000 for the initiative to reduce maternal mortality, allowing Healthy Start grantees to support nurse practitioners, certified nurse midwives, physician assistants, and other maternal-child advanced practice health professionals within all program sites nationwide. RYAN WHITE HIV/AIDS PROGRAM Domestic HIV Initiative.--The agreement includes $70,000,000 for the first year of an initiative to reduce HIV transmission. Funds will be distributed to high-need jurisdictions to increase linkage, engagement, and retention in care with the goal of increasing viral suppression among people living with HIV. HEALTH CARE SYSTEMS National Living Donor Assistance Center.--Within the total for Organ Transplantation, the agreement includes no less than $4,500,000 for the National Living Donor Assistance Center, as described in House Report 116-62. Organ Allocation Policy.--HRSA and the Organ Procurement and Transplantation Network are encouraged to ensure the process for changing organ allocation policies is transparent, thorough, and accommodates the recommendations of transplantation and organ donation professionals. RURAL HEALTH Rural Health Outreach.--The agreement provides not more than $12,000,000 for Outreach Service Grants; not less than $12,900,000 for Rural Network Development Grants; not less than $22,000,000 for the Delta States Network Grant Program; not less than $1,900,000 for Network Planning Grants; and not more than $6,400,000 for Small Health Care Provider Quality Improvement Grants. Delta States Rural Development Network Grant Program.--The agreement provides $10,000,000 to support HRSA's collaboration with the Delta Regional Authority, as described under this heading in Conference Report 115-952. Telementoring Training Center.--Within the total for Rural Health Research and Policy Development, the agreement includes no less than $1,000,000 to support a telementoring training center to train academic medical centers and other centers of excellence in the creation of technology-enabled telementoring learning programs, as described in House Report 116-62. Rural Hospital Flexibility Grants.--The agreement recommends HRSA give preference in grant awards to Critical Access Hospitals, as described in Senate Report 115-289. Telehealth Centers of Excellence.--The agreement provides $6,000,000 for the Telehealth Centers of Excellence (Centers) awardees. The Centers are encouraged to develop best practices for treating HIV through telehealth that can be replicated across rural America and accelerate progress toward the goal of eliminating HIV transmission. Telehealth Evaluation.--The agreement provides $1,000,000 to support a comprehensive evaluation of nationwide telehealth investments in rural areas and populations, as described in House Report 116-62. Telehealth Network Grant Program.--The Office for the Advancement of Telehealth (OAT) is instructed to consult with the Bureau of Primary Health Care and develop a plan for the dissemination of the work of the school-based services clinical cohort, especially as it relates to providing assessments and referrals for health, mental health, or substance use disorder services to students who may struggle with behavioral or mental health issues. HRSA is instructed to provide a report on the OAT plan, including any findings from the school-based clinical cohort, to the Committees within 180 days of enactment of this Act. [[Page H11065]] Rural Communities Opioids Response Program.--The bill includes $110,000,000 to continue this program. The agreement includes $10,000,000 to continue the three Rural Centers or Excellence (Centers), as established in P.L. 115-245 and as directed by Conference Report 115-952. In addition to such conditions, the Centers shall work with neighboring States or regionally to implement surveillance, needs assessment, technical assistance, and educational outreach in the form of subgrants to non-profit entities or academic institutions to implement demonstrated interventions. FAMILY PLANNING The Family Planning program administers Title X of the PHS Act. This program supports preventive and primary healthcare services at clinics nationwide. The agreement does not include language proposed by the House. PROGRAM MANAGEMENT Oral Health Literacy.--The agreement includes $300,000 for the activity described under this heading in House Report 116-62. Centers for Disease Control and Prevention The agreement provides $7,974,554,000 in total program level funding for the Centers for Disease Control and Prevention (CDC), which includes $6,895,304,000 in budget authority, $854,250,000 in transfers from the Prevention and Public Health (PPH) Fund, and $225,000,000 from the HHS Nonrecurring Expenses Fund. IMMUNIZATION AND RESPIRATORY DISEASES The agreement provides a total of $803,405,000 for Immunization and Respiratory Diseases, which includes $433,105,000 in discretionary appropriations and $370,300,000 in transfers from the PPH Fund. The agreement shifts $7,222,000 from tuberculosis to global tuberculosis in Global Health to reflect CDC's yearly administrative shift. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Section 317 Immunization Program........................ $615,847,000 Influenza Planning and Response......................... 187,558,000 ------------------------------------------------------------------------ Acute Flaccid Myelitis.--The agreement includes funding within the Section 317 Immunization Program to identify the cause, prevention, and treatment of acute flaccid myelitis. Immunization Rates.--CDC is directed to continue increasing awareness and knowledge of the safety and effectiveness of vaccines, combating misinformation about vaccines, and disseminating scientific and evidence-based vaccine-related information, with the goal of increasing rates of vaccination across all ages, particularly in communities with low rates of vaccination. National Adenovirus Type Reporting System (NATRS).--CDC is directed to submit a report no later than 180 days after enactment of this Act to the Committees detailing impediments to NATRS reporting and outlining recommendations to bolster the reporting. HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND TUBERCULOSIS PREVENTION The agreement provides $1,273,556,000 for HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Domestic HIV/AIDS Prevention and Research............... $928,712,000 HIV Initiative...................................... 140,000,000 School Health....................................... 33,081,000 Viral Hepatitis......................................... 39,000,000 Sexually Transmitted Infections......................... 160,810,000 Tuberculosis............................................ 135,034,000 Infectious Diseases and the Opioid Epidemic............. 10,000,000 ------------------------------------------------------------------------ Hepatitis B.--CDC is encouraged to work with stakeholders to include a plan in the fiscal year 2021 Congressional Justification to increase immunization coverage among adults and reduce the number of hepatitis B cases. HIV/AIDS Data Sharing Platform.--CDC is encouraged to enhance the Collaborative Advanced Analytics and Data Sharing system to lower overall operating costs and reduce reporting burdens on Federal and State health departments. HIV Initiative.--The agreement includes increased funding to reduce new HIV infections. Infectious Diseases and the Opioid Epidemic.--The agreement provides an increase to conduct the activities outlined in House Report 116-62. Sexually Transmitted Infections (STI).--The agreement includes an increase to reduce rising STI rates. EMERGING AND ZOONOTIC INFECTIOUS DISEASES The agreement provides $622,372,000 for Emerging and Zoonotic Infectious Diseases, which includes $570,372,000 in discretionary appropriations and $52,000,000 in transfers from the PPH Fund. The agreement shifts $8,000,000 from lab safety and quality into Public Health Scientific Services to account for CDC's yearly administrative shift. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Antibiotic Resistance Initiative........................ 170,000,000 Vector-Borne Diseases................................... 38,603,000 Lyme Disease............................................ 14,000,000 Prion Disease........................................... 6,000,000 Chronic Fatigue Syndrome................................ 5,400,000 Emerging Infectious Diseases............................ 188,797,000 Harmful Algal Blooms.................................... 2,000,000 Food Safety............................................. 63,000,000 National Healthcare Safety Network...................... 21,000,000 Quarantine.............................................. 31,572,000 Advanced Molecular Detection............................ 30,000,000 Epidemiology and Lab Capacity........................... 40,000,000 Healthcare-Associated Infections........................ 12,000,000 ------------------------------------------------------------------------ Antimicrobial Resistance (AMR).--The agreement includes an increase to address AMR through a ``One Health'' approach. CDC is encouraged to continue to study effective strategies to improve antibiotic prescribing including nutritional alternatives in healthcare settings. CDC is also encouraged to build off findings and experiences from the AMR Challenge and provide an update in the fiscal year 2021 Congressional Justification. Of the increase provided in the agreement, $500,000 is provided for CDC to use its broad agency agreement to fund an innovative project that uses population- based research to define risk factors for these pathogens in community settings. Food Safety.--The agreement includes an increase to help address critical unmet needs. Harmful Algal Blooms.--The agreement includes an increase to enhance harmful algal bloom exposure activities, with a priority given to geographic locations subject to a state of emergency designation related to toxic algae blooms within the past 12 months and the impact on salt and fresh water. The agreement encourages CDC to expedite procedures to enable rapid analysis and reporting of results to impacted State health departments. Infectious Disease and Emerging Technology.--CDC is encouraged to provide an update in the fiscal year 2021 Congressional Justification on challenges and opportunities associated with ongoing technological advancements and a plan for how the Vector-Borne Disease and Advanced Molecular Detection programs will continue to maximize new technologies. Lyme Disease and Related Tick-Borne Illnesses.--The agreement includes an increase and encourages CDC, in coordination with NINDS and NIMH, to include in its surveillance the long-term effects. CDC is also encouraged to coordinate with NIH on publishing reports that assess prevention, treatment, diagnostic advancements, and links between tick-borne disease and psychiatric illnesses. CDC is encouraged to focus efforts in endemic areas as well as areas not yet considered endemic. Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/ CFS).--CDC is encouraged to develop a plan on how it intends to foster collaboration to address the ME/CFS clinical care crisis and to accelerate drug development following the sunset of the Chronic Fatigue Syndrome Advisory Committee. Mycotic Diseases.--The agreement provides an increase of $2,000,000 in Emerging Infectious Diseases for mycotic diseases. Sepsis.--The agreement commends CDC's ongoing efforts to work with healthcare partners to establish ways to perform sepsis surveillance and reporting using data from the patient's electronic health record. Vector-Borne Diseases.--CDC is encouraged to continue efforts to fund activities as designated under the Mosquito Abatement for Safety and Health Programs Act. CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION The agreement provides $1,239,914,000 for Chronic Disease Prevention and Health Promotion, which includes $984,964,000 in discretionary appropriations and $254,950,000 in transfers from the PPH Fund. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Tobacco................................................. $230,000,000 Nutrition, Physical Activity, and Obesity............... 56,920,000 High Obesity Rate Counties.......................... 15,000,000 School Health........................................... 15,400,000 Health Promotion........................................ 29,100,000 Glaucoma............................................ 4,000,000 Vision and Eye Health............................... 1,000,000 Alzheimer's Disease................................. 15,500,000 Inflammatory Bowel Disease.......................... 1,000,000 Interstitial Cystitis............................... 1,100,000 Excessive Alcohol Use............................... 4,000,000 Chronic Kidney Disease.............................. 2,500,000 Prevention Research Centers............................. 26,461,000 Heart Disease and Stroke................................ 142,105,000 Diabetes................................................ 148,129,000 National Diabetes Prevention Program.................... 27,300,000 Cancer Prevention and Control........................... 381,049,000 Breast and Cervical Cancer.......................... 223,000,000 WISEWOMAN....................................... 26,120,000 Breast Cancer Awareness for Young Women............. 4,960,000 Cancer Registries................................... 51,440,000 Colorectal Cancer................................... 43,294,000 Comprehensive Cancer................................ 19,675,000 Johanna's Law....................................... 9,000,000 Ovarian Cancer...................................... 11,000,000 Prostate Cancer..................................... 14,205,000 Skin Cancer......................................... 4,000,000 Cancer Survivorship Resource Center................. 475,000 Oral Health............................................. 19,500,000 [[Page H11066]] Safe Motherhood/Infant Health........................... 58,000,000 Maternal Mortality Review Committees................ 12,000,000 Preterm Birth....................................... 2,000,000 Arthritis and Other Chronic Disease..................... 29,000,000 Arthritis........................................... 11,000,000 Epilepsy............................................ 9,500,000 National Lupus Registry............................. 8,500,000 Racial and Ethnic Approaches to Community Health (REACH) 59,950,000 Good Health and Wellness in Indian Country.......... 21,000,000 Million Hearts.......................................... 4,000,000 National Early Child Care Collaboratives................ 4,000,000 Hospitals Promoting Breastfeeding....................... 9,000,000 ------------------------------------------------------------------------ Alzheimer's Disease.--The agreement provides an increase to build Alzheimer's disease and related dementias public health infrastructure across the country, as authorized by the BOLD Infrastructure for Alzheimer's Act (P.L. 115-406). Farm-to-School.--The agreement continues $2,000,000 within Nutrition, Physical Activity, and Obesity for research and education activities promoting healthy eating habits for students. These grants support State farm to early childhood programs with priority given to entities with experience running farm to early childhood programs. CDC is directed to coordinate efforts with the Office of Community Food Systems at the Department of Agriculture. Heart Disease and Stroke Prevention.--The agreement includes an increase to strengthen and expand evidence-based heart disease and stroke prevention activities focused on high risk populations. CDC is encouraged to execute evidence- based prevention programs in high burden areas. Johanna's Law.--The agreement includes an increase to raise awareness in women of all ages, races, and ethnic groups, and healthcare providers about the five main types of gynecological cancer. Maternal Mortality Review Committees (MMRCs).--The agreement includes funding for CDC to continue its technical assistance to existing State MMRCs to build stronger data systems, improve data collection at the State level, and create consistency in data collection. Million Hearts 2022.--CDC is encouraged to continue implementing evidence-based approaches to improve cardiovascular health in high risk populations and increase access to care and rehabilitation among prior heart attack and stroke victims. Mississippi Delta Health Collaborative (MDHC).--The agreement encourages CDC to build on its long-standing investment in MDHC by working to replicate the work in additional sites while maintaining the current strategy. The agreement requests an update in the fiscal year 2021 Congressional Justification. National Diabetes Prevention Program.--CDC is encouraged to support organizations that are serving populations at or below the poverty level. National Lupus Patient Registry.--The agreement provides an increase and encourages CDC to continue working with existing childhood lupus registries to generate more robust information about the prevalence of the disease in children across the country and its impacts. The agreement also encourages CDC to build on initiatives to partner with national voluntary health agencies. Ovarian Cancer.--The agreement provides an increase for prevention activities. Peripheral Arterial Disease (PAD).--The agreement encourages CDC to support education and awareness activities that promote early diagnosis of PAD. Pediatric Cardiomyopathy.--CDC is encouraged to develop educational materials made available to the public about the signs, symptoms, and risk factors of pediatric cardiomyopathy. Pediatric Reference Intervals.--CDC is encouraged to submit a plan for improving pediatric references intervals, including the resources necessary for carrying out this initiative in the fiscal year 2021 Congressional Justification. Prostate Cancer.--CDC is encouraged to work to increase the public's awareness of prostate cancer risks, screening, and treatment, and improve surveillance of this disease. Skin Cancer Education and Prevention.--The agreement provides an increase and encourages CDC to increase its collaboration and partnership with local governments, business, health, education, community, non-profit, and faith-based sectors. Stakeholder Collaboration.--CDC is encouraged to continue working closely with State health agencies in the prevention and control of chronic diseases to achieve national goals for healthy children, healthy families, healthy workforce, and healthy seniors. State Physical Activity and Nutrition Program.--The agreement supports funding to implement evidence-based strategies at State and local levels to address risk factors for obesity and improve nutrition and physical activity. Racial and Ethnic Approaches to Community Health (REACH).-- The agreement provides an increase for additional awards. Tobacco.--The agreement provides an increase and recognizes that the individual elements of comprehensive tobacco control programs are synergistic and when implemented together have the greatest effect, but also encourages flexibility within the context of CDC's National Tobacco Control Program to ensure State and local health departments are able to direct adequate resources to stem the tide of youth use of e- cigarettes. CDC is encouraged to identify strategies to promote youth cessation, within existing resources used for State quitlines. WISEWOMAN.--The agreement provides an increase to fund additional grants to States to provide uninsured and under- insured, low-income women with lifesaving preventive services. BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES The agreement provides $160,810,000 for Birth Defects and Developmental Disabilities. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Child Health and Development............................ $65,800,000 Birth Defects....................................... 19,000,000 Fetal Death......................................... 900,000 Fetal Alcohol Syndrome.............................. 11,000,000 Folic Acid.......................................... 3,150,000 Infant Health....................................... 8,650,000 Autism.............................................. 23,100,000 Health and Development for People with Disabilities..... 67,660,000 Disability & Health................................. 33,000,000 Tourette Syndrome................................... 2,000,000 Early Hearing Detection and Intervention............ 10,760,000 Muscular Dystrophy.................................. 6,000,000 Attention Deficit Hyperactivity Disorder............ 1,900,000 Fragile X........................................... 2,000,000 Spina Bifida........................................ 6,000,000 Congenital Heart.................................... 6,000,000 Public Health Approach to Blood Disorders............... 4,400,000 Hemophilia CDC Activities............................... 3,500,000 Hemophilia Treatment Centers............................ 5,100,000 Thalassemia............................................. 2,100,000 Neonatal Abstinence Syndrome............................ 2,250,000 Surveillance for Emerging Threats to Mothers and Babies. 10,000,000 ------------------------------------------------------------------------ Cerebral Palsy (CP).--The agreement encourages CDC to use existing resources to improve CP surveillance and develop better understanding of the mechanisms leading to earlier diagnosis and better outcomes. The agreement requests that CDC share early detection guidelines with pediatric providers and develop a U.S. implementation plan. Additionally, the agreement encourages CDC to conduct an updated study from the 2003 report on the healthcare and societal costs of CP in the U.S. and include in the fiscal year 2021 Congressional Justification information on the cause, earlier diagnosis, treatment, and costs of CP across the lifespan. Congenital Heart Disease (CHD).--The agreement includes an increase to further implement the screening, surveillance, research, and awareness activities authorized by the Congenital Heart Futures Reauthorization Act (P.L. 115-342). Disability and Health.--The agreement provides an increase and directs CDC to allocate the increase in the same manner as directed in P.L. 115-245. Fragile X.--The agreement encourages CDC to explore cross- divisional funding opportunities to accelerate data-driven public health research to reduce the public health burdens of both Fragile X and autism. Hemophilia.--CDC's hemophilia activities have been critical to the advancement of care for patients with hemophilia and other bleeding disorders. Sickle Cell Disease.--The agreement requests a report on the resources CDC would require to implement P.L. 115-327, which authorized CDC to award sickle cell disease data collection grants to States, in the fiscal year 2021 Congressional Justification. Tourette Syndrome.--CDC is encouraged to continue to educate physicians, educators, clinicians, allied professionals, and the general public about the disorder and to improve scientific knowledge on prevalence, risk factors, and co-occurring conditions of Tourette Syndrome. Zika Surveillance.--The agreement requests an update in the fiscal year 2021 Congressional Justification. PUBLIC HEALTH SCIENTIFIC SERVICES The agreement provides a total of $555,497,000 for Public Health Scientific Services. The agreement shifts $8,000,000 from EZID lab safety and quality to reflect CDC's yearly administrative shift. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Health Statistics....................................... $160,397,000 Surveillance, Epidemiology, and Informatics............. 344,100,000 Lab Safety and Quality.............................. 8,000,000 Lab Training........................................ 5,000,000 Public Health Data/IT Systems Modernization......... 50,000,000 Public Health Workforce................................. 51,000,000 ------------------------------------------------------------------------ Familial Hypercholesterolemia.--Familial hypercholesterolemia is classified as a tier 1 genomic condition by the CDC Office of Public Health Genomics because of the public health impact that early identification and intervention can make. The agreement provides $100,000 within Surveillance, Epidemiology, and Informatics and encourages CDC to raise awareness of this condition. National Health and Nutrition Examination Survey (NHANES).--The agreement encourages CDC to fund childhood obesity research, [[Page H11067]] prevention, and treatment programs in non-NHANES-represented States, and their native and underserved populations. National Neurological Conditions Surveillance System.--In lieu of the directive in House Report 116-62, the agreement provides a total of $5,000,000 within Surveillance, Epidemiology, and Informatics to continue efforts on the two initial conditions. Primary Immunodeficiencies.--The agreement includes an increase of $1,000,000 within Surveillance, Epidemiology, and Informatics for the Office of Public Health Genomics to support existing efforts to enhance education and awareness of primary immunodeficiencies. Public Health Data Surveillance/IT Systems Modernization.-- The agreement includes funding for the initiative as outlined in House Report 116-62 to support data modernization efforts and the utilization of established standards. Within this initiative, CDC is encouraged to prioritize advancements in cancer registries. CDC is directed to provide a multi-year plan, including at least five years of budget projections, as well as the innovation strategy for surveys conducted by the National Center for Health Statistics to the Committees no later than 120 days after enactment of this Act. environmental health The agreement provides $213,850,000 for Environmental Health programs, which includes $196,850,000 in discretionary appropriations and $17,000,000 in transfers from the PPH Fund. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Environmental Health Laboratory......................... $66,750,000 Other Environmental Health.......................... 48,500,000 Newborn Screening Quality Assurance Program......... 17,000,000 Newborn Screening for SCID.......................... 1,250,000 Environmental Health Activities......................... 46,100,000 Safe Water.......................................... 8,600,000 Amyotrophic Lateral Sclerosis Registry.............. 10,000,000 Trevor's Law........................................ 1,500,000 Climate Change...................................... 10,000,000 All Other Environmental Health...................... 16,000,000 Environmental and Health Outcome Tracking Network....... 34,000,000 Asthma.................................................. 30,000,000 Childhood Lead Poisoning................................ 37,000,000 ------------------------------------------------------------------------ Amyotrophic Lateral Sclerosis Registry.--The agreement requests an update to the report requested in fiscal year 2018 within one year of enactment of this Act. Childhood Lead Poisoning.--The agreement includes an increase to support additional State and local programs. Duchenne Muscular Dystrophy.--The agreement requests an update in the fiscal year 2021 Congressional Justification on CDC's involvement in the ongoing Duchenne newborn screening efforts. National Asthma Control Program.--The agreement provides an increase to expand the number of States. CDC is encouraged to continue to promote evidence-based asthma medical management and strategies aimed at improving access and adherence to the 2007 National Asthma Education and Prevention Program. Trevor's Law.--The agreement provides an increase to better understand the relationship between environmental exposures and pediatric cancer, and to build capacity to conduct cancer investigations according to the provisions in Trevor's Law (P.L. 114-182). injury prevention and control The agreement provides $677,379,000 for Injury Prevention and Control activities. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Intentional Injury...................................... $119,050,000 Domestic Violence and Sexual Violence............... 33,700,000 Child Maltreatment.............................. 7,250,000 Child Sexual Abuse Prevention................... 1,000,000 Youth Violence Prevention........................... 15,100,000 Domestic Violence Community Projects................ 5,500,000 Rape Prevention..................................... 50,750,000 Suicide Prevention.................................. 10,000,000 Adverse Childhood Experiences....................... 4,000,000 National Violent Death Reporting System................. 23,500,000 Unintentional Injury.................................... 8,800,000 Traumatic Brain Injury.............................. 6,750,000 Elderly Falls....................................... 2,050,000 Other Injury Prevention Activities...................... 28,950,000 Opioid Overdose Prevention and Surveillance............. 475,579,000 Injury Control Research Centers......................... 9,000,000 Firearm Injury and Mortality Prevention Research........ 12,500,000 ------------------------------------------------------------------------ Adverse Childhood Experiences.--The agreement provides funding to inform how adverse childhood experiences increase the risk of future substance use disorders, suicide, mental health conditions, and other chronic illnesses as authorized in section 7131 of the SUPPORT Act (P.L. 115-271). Child Sexual Abuse Prevention.--The agreement includes funding to support more proactive approaches and research for the development, evaluation, and dissemination of effective practice and policy. Concussion Surveillance.--CDC is encouraged to investigate the establishment of a national surveillance system to accurately determine the incidence of sports- and recreation- related concussions among youth aged 5 to 21 years and provide an update in the fiscal year 2021 Congressional Justification. Opioid Overdose Prevention and Surveillance.--The agreement directs CDC to continue funding overdose prevention efforts in the same manner as directed in P.L. 115-245. The agreement encourages CDC to continue to work collaboratively with States to ensure that funding is available to all States for opioid prevention and surveillance activities. Firearm Injury and Mortality Prevention Research.--The agreement includes $12,500,000 to conduct research on firearm injury and mortality prevention. Given violence and suicide have a number of causes, the agreement recommends the CDC take a comprehensive approach to studying these underlying causes and evidence-based methods of prevention of injury, including crime prevention. All grantees under this section will be required to fulfill requirements around open data, open code, pre-registration of research projects, and open access to research articles consistent with the National Science Foundation's open science principles. The Director of CDC is to report to the Committees within 30 days of enactment on implementation schedules and procedures for grant awards, which strive to ensure that such awards support ideologically and politically unbiased research projects. Rape Prevention.--The agreement continues to direct that at least 75 percent of the program's funds go to States for State and local prevention activities. CDC should coordinate efforts with higher education institutions to reduce the incidence of sexual assault on campus. Suicide Prevention.--The agreement provides funding for a new effort in recognition of the devastating impacts and increasing rates of suicide. CDC is directed to focus prevention efforts on vulnerable populations that have been identified at higher risk for suicidal behaviors than the general population. Tribal Use of Prescription Drug Monitoring Programs (PDMP).--CDC is directed to work with the Indian Health Service to ensure Federally-operated and tribally-operated healthcare facilities benefit from the CDC's PDMP efforts. Understanding the Physical and Psychological Effects of Severe Forms of Trafficking in Persons.--The agreement encourages CDC to fund a joint study with the National Institute of Justice as directed by section 20 of the Abolish Human Trafficking Act of 2017 (P.L. 115-392). national institute for occupational safety and health The agreement provides a total of $342,800,000 for the National Institute for Occupational Safety and Health (NIOSH) in discretionary appropriations. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ National Occupational Research Agenda................... $117,000,000 Agriculture, Forestry, Fishing...................... 26,500,000 Education and Research Centers.......................... 30,000,000 Personal Protective Technology.......................... 20,000,000 Mining Research......................................... 60,500,000 National Mesothelioma Registry and Tissue Bank.......... 1,200,000 Firefighter Cancer Registry............................. 2,500,000 Other Occupational Safety and Health Research........... 111,600,000 ------------------------------------------------------------------------ Total Worker Health.--The agreement provides an increase of $2,000,000 to advance the safety, health, and well-being of the diverse worker population. Underground Mine Evacuation Technologies and Human Factors Research.--The agreement provides an increase for additional grant opportunities to universities with graduate programs in mining and explosives engineering to fund research related to mine emergencies, to build on NIOSH's work to address mandates in the Mine Improvement and New Emergency Response Act of 2006 (P.L. 109-236). Research will develop new wireless communication devices and methodologies; develop training, systems, and tools to facilitate miner self-escape; and continue to improve the design of refuge alternatives. global health The agreement provides $570,843,000 for Global Health activities. The agreement shifts $7,222,000 from tuberculosis prevention to account for CDC's yearly administrative shift. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Global AIDS Program..................................... $128,421,000 Global Tuberculosis..................................... 7,222,000 Global Immunization Program............................. 226,000,000 Polio Eradication................................... 176,000,000 Measles and Other Vaccine Preventable Diseases...... 50,000,000 Parasitic Diseases and Malaria.......................... 26,000,000 Global Public Health Protection......................... 183,200,000 Global Disease Detection and Emergency Response..... 173,400,000 Global Public Health Capacity and Development....... 9,800,000 ------------------------------------------------------------------------ Children in Adversity.--The agreement directs CDC to collaborate with the U.S. Agency for International Development (USAID), the President's Emergency Plan for AIDS Relief (PEPFAR), and the Department of Labor to ensure monitoring and evaluation is aligned for all of the objectives of the U.S. Government Action Plan. Global Health Security.--The agreement provides an increase of $75,000,000 to accelerate the capacity of countries to prevent, detect, and respond to infectious disease outbreaks. [[Page H11068]] CDC is directed to provide a spend plan to the Committees no later than 60 days after enactment of this Act. CDC is directed to work with USAID on a coordinated global health security effort, delineating roles and responsibilities, and measuring progress. One year after submitting a spend plan, CDC, in coordination with USAID, will brief the Committees on the program status. Malaria and Parasitic Diseases.--The agreement encourages CDC to continue to research, monitor, and evaluate efforts for malaria and parasitic disease in collaboration with other divisions and agencies. Soil Transmitted Helminth and Related ``Diseases of Poverty''.--The agreement continues $1,500,000 for surveillance, source remediation, and clinical care aimed at reducing soil transmitted helminth to extend the currently funded projects for another year. PUBLIC HEALTH PREPAREDNESS AND RESPONSE The agreement provides $850,200,000 for public health preparedness and response activities. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Public Health Emergency Preparedness Cooperative $675,000,000 Agreement.............................................. Academic Centers for Public Health Preparedness......... 8,200,000 BioSense................................................ 23,000,000 All Other CDC Preparedness.............................. 144,000,000 ------------------------------------------------------------------------ Strategic National Stockpile.--The agreement reiterates the importance that CDC maintain a strong and central role in the medical countermeasures enterprise. BUILDINGS AND FACILITIES The agreement provides $25,000,000 in discretionary budget authority and $225,000,000 from the HHS Nonrecurring Expenses Fund for Buildings and Facilities. Chamblee Research Support Building 108 and Campus Infrastructure Improvements.--The agreement directs $225,000,000 from the Nonrecurring Expenses Fund for these one-time projects that will result in enhanced research collaboration and long-term lease cost avoidance. Replacement of the Lake Lynn Experimental Mine and Laboratory.--The CDC Director is directed to provide annual reports to the Committees detailing activities to replace the Lake Lynn Laboratory. CDC-WIDE ACTIVITIES The agreement provides $358,570,000 for CDC-wide activities, which includes $198,570,000 in discretionary appropriations and $160,000,000 in transfers from the PPH Fund. Within this total, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Preventive Health and Health Services Block Grant....... $160,000,000 Public Health Leadership and Support.................... 113,570,000 Infectious Disease Rapid Response Reserve Fund.......... 85,000,000 ------------------------------------------------------------------------ Infectious Disease Rapid Response Reserve Fund.--The agreement provides increased funding to quickly respond to a future, imminent infectious disease crisis that endangers American lives, including for Ebola preparedness and response, without regard to the limitations in the third proviso in section 231 of division B of P.L. 115-245. Opioid Use and Infectious Diseases.--The agreement encourages CDC to work across operating divisions to integrate interventions aimed at preventing, tracking, and treating infectious diseases with broader efforts to address the opioid epidemic. Preventative Health and Health Services Block Grant.--The agreement encourages CDC to enhance reporting and accountability, including how much funding is directed to support public health needs at the local level. Tribal Advisory Committee.--The agreement encourages the Director, with guidance from Tribal Advisory Committee, to develop best practices around delivery of Tribal technical assistance and provide an update on written guidelines in the fiscal year 2021 Congressional Justification. National Institutes of Health The agreement provides $41,684,000,000 for the National Institutes of Health (NIH), including $492,000,000 from the 21st Century Cures Act (P.L. 114-255), an increase of $2,600,000,000, or 6.7 percent, above fiscal year 2019. The agreement provides a funding increase of no less than 3.3 percent above fiscal year 2019 to every Institute and Center to continue investments in research that will save lives, lead to new drug and device development, reduce health care costs, and improve the lives of all Americans. The agreement appropriates funds authorized in the 21st Century Cures Act. Per the authorization, $195,000,000 is transferred to the National Cancer Institute (NCI) for cancer research; $70,000,000 to the National Institute of Neurological Disorders and Stroke (NINDS), and $70,000,000 to the National Institute on Mental Health (NIMH) for the BRAIN Initiative; and $157,000,000 will be allocated from the NIH Innovation Fund for the Precision Medicine Initiative cohort ($149,000,000) and regenerative medicine research ($8,000,000). The Common Fund is supported as a set-aside within the Office of the Director at $626,511,000. In addition, $12,600,000 is provided to support pediatric research as authorized by the Gabriella Miller Kids First Research Act (P.L. 113-94). The bill directs NIH to include updates on the following research, projects, and programs in their fiscal year 2021 Congressional Justification: Alopecia Areata Aortic Aneurysm and Fibrosis Congenital Heart Disease Government-wide collaborations, particularly with the Departments of Defense (DoD) and Veterans Affairs (VA) Gynecologic cancer clinical trials Liver cancer Melanoma NCI Specialized Programs of Research Excellence Pain management, including multi-agency partnership with NCCIH, DoD, and VA Pediatric Cancer Pediatric MATCH Progress on the development and advancement of non-opioid chronic pain therapies Psycho-social Distress Complications related to recommendations made in the 2008 Institute of Medicine report Cancer Care for the Whole Patient: Meeting Psychosocial Health Needs Rare cancers Research Project Grant, R21, P01, and R01-- Equivalent Cumulative Investigator Rates by NIH Institute and Center Suicide Temporomandibular Disorders Threat of emerging infectious disease, including a progress report on the use of machine learning and validated mechanistic models to advance critical biomedical research, improve decision support for epidemiological interventions, and enhance human health Traumatic Brain Injury, including information on a coordinated portfolio, specifically regenerative medicine and neuroplasticity NATIONAL CANCER INSTITUTE (NCI) Cancer Moonshot.--The agreement directs NIH to transfer $195,000,000 from the NIH Innovation Account to NCI to support the Cancer Moonshot Initiative. Childhood Cancer Data Initiative.--The agreement includes the full budget request for this fiscal year of $50,000,000 for the Childhood Cancer Data Initiative, which will facilitate a connected data infrastructure and integrate multiple data sources to make data work better for patients, clinicians, and researchers. Deadliest Cancers.--The agreement directs NCI to develop a scientific framework using the process outlined in the Recalcitrant Cancer Research Act of 2012 for stomach and esophageal cancers and urges NCI to continue to support research with an emphasis on developing screening and early detection tools and more effective treatments for all recalcitrant cancers. NCI is directed to provide an update on NCI-supported research to advance these goals in the fiscal year 2021 Congressional Justification. Also, NCI is directed to add esophageal and stomach cancers to future Research, Condition, and Disease Categorization (RCDC) reports. Finally, the bill encourages NCI to place a high priority on researching these cancers, which include anaplastic astrocytoma, diffuse intrinsic pontine glioma, glioblastoma, Juvenile myelomonocytic leukemia, high-risk neuroblastoma, recurrent osteosarcoma, rhabdomyosarcoma, and diffuse anaplastic Wilms tumors. Gynecologic Cancer Clinical Trials.--NCI is encouraged to work with stakeholders to address priorities for the gynecologic oncology clinical trials scientific agenda, including consideration of the availability of trials for these patients. NCI Paylines.--Grant applications to NCI have increased by approximately 50 percent since 2013, outpacing available funding, with requests for cancer research ten-fold greater than other Institutes. With such a high demand for NCI grants, only a fraction of this research is funded. To support more awards and improve success rates, the agreement provides $212,500,000 to prioritize competing grants and sustain commitments to continuing grants. Precision Medicine.--The agreement strongly supports precision medicine initiatives that are critical to delivering the right treatment to the right patient at the right time. At its core, precision medicine aims to understand and treat the underlying cause of disease in individual patients. Once the underlying cause of a patient's disease is identified, this information can then be used to gain new insights into the underlying basic biology and disease pathogenesis, which will ultimately foster the development of medicine targeted to those patient populations most likely to benefit. NIH needs to focus cancer precision medicine efforts towards comprehensive drug screening and precision clinical trials and this agreement has included sufficient funding to do so. Therefore, the bill directs NCI to fund an initiative to foster the clinical demonstration of novel methodologies for individualizing identification of cancer therapeutics. Programs should be at a NCI-designated Comprehensive Cancer Center at institutions that have demonstrated institutional investment in precision medicine, have a strong existing track record in NIH-supported cancer funding, and have the expertise to conduct in-depth genomic analysis of cancer tumors and do comprehensive drug repurposing screens of [[Page H11069]] all FDA-approved drugs on at least one tumor type. Additionally, regional multi-institutional consortiums that serve populations with significant health disparities and traditionally underserved populations are strongly encouraged. Psycho-Social Distress Complications.--NCI is encouraged to ensure that all of its designated cancer centers are managing and measuring patients for distress as an integral piece of their treatment and follow-up care. Rare Cancers.--The bill supports a trans-NIH collaboration, which includes NCATS, to accelerate therapies for rare cancers and to support broader sharing of genomic-related rare cancers data to accelerate research and drug development for these cancers. STAR Act.--The agreement includes no less than $25,000,000 in funding for continued implementation of sections of the Childhood Cancer Survivorship, Treatment, Access, and Research (STAR) Act. Funding is in addition to the funds allocated in fiscal year 2019 to expand existing biorepositories for childhood cancer patients enrolled in NCI-sponsored clinical trials to collect and maintain relevant clinical, biological, and demographic information on children, adolescents, and young adults, with an emphasis on selected cancer subtypes (and their recurrences) for which current treatments are least effective. Funding provided this year will allow NCI to continue to conduct and support childhood cancer survivorship research as authorized in the STAR Act. NATIONAL HEART, LUNG, AND BLOOD INSTITUTE (NHLBI) Chronic Disease Precision Medicine.--The bill directs NHLBI to fund an initiative to address chronic diseases through translational science and the application of a precision medicine approach and has included sufficient funding to do so. Programs should focus on diseases and disorders relating to heart, lung, blood, and sleep, and access to populations with significant health disparities. Programs should have a proven track record of NIH funding in all of these areas, as well as have NIH-funded programs for health disparities research. Additionally, regional multi-institutional consortiums are strongly encouraged. Congenital Heart Disease.--NHLBI is encouraged to prioritize congenital heart disease (CHD) activities outlined in its strategic plan, including improving understanding of outcomes and co-morbidities, modifying treatment options across the lifespan, and accelerating advances by leveraging CHD registries and networks. Fibrotic Diseases.--The bill encourages NIH to vigorously support dedicated funding and research into fibrotic diseases affecting different organs, including the lungs, liver, kidneys, heart, skin, and bones. The agreement requests a report on the current NIH Fibrosis Interest Group and its progress no later than 90 days after the passage of this Act. The bill encourages the Interest Group to continue its efforts to bring together key stakeholders, at the NIH and elsewhere, to develop strategic paths forward to maximize efforts in fibrotic disease research. The bill also encourages NIH to enhance its patient-centered clinical research into pulmonary fibrosis to include traditional observational and interventional studies looking at reducing healthcare utilization such as hospitalizations, improving symptoms such as cough, and prolonging life, and directs NIH to include an update in its fiscal year 2021 Congressional Justification on its work relating to idiopathic pulmonary fibrosis following the November 2012 NHLBI workshop Strategic Planning for Idiopathic Pulmonary Fibrosis. The agreement also encourages NIH to create a funding mechanism to fund fibrosis research across all organs, building on the progress and leveraging data that has and may result from NHLBI funded projects. Hemophilia.--The agreement asks NHLBI to provide the Committees with the final report and national blueprint for future research from the May 2018 State of the Science Workshop on Factor VIII Inhibitors and to take steps to implement the research blueprint in collaboration with the hemophilia patient, provider, and research communities. Pediatric Cardiomyopathy.--The agreement commends NHLBI for its long-standing commitment to the Pediatric Cardiomyopathy Registry and strongly encourages NHLBI to continue to support cardiomyopathy research. Postural Orthostatic Tachycardia Syndrome.--NIH is directed to submit the report on Postural Orthostatic Tachycardia Syndrome (POTS) that was requested in Senate Report 115-289, now overdue, no later than 30 days after enactment of this Act. NIH is strongly encouraged to include an estimate of annual NIH funding allocated to POTS research in its publicly available RCDC report. NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH (NIDCR) Temporomandibular Disorders.--NIDCR is encouraged to continue collaboration with governmental agencies and other stakeholders in the project entitled Temporomandibular Disorders: From Research Discoveries to Clinical Treatment and to increase funding to expand the science base in this field. NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES (NIDDK) Chronic Diseases and Health Disparities.--Kidney disease, type 2 diabetes, and obesity are among the most common, costly, and preventable of all health conditions. NIH needs to focus chronic disease efforts on those populations most affected, particularly vulnerable populations and underrepresented minorities. Therefore, the agreement provides sufficient funding for an initiative to address chronic diseases and health disparities in these areas. The program must focus on kidney disease, obesity, diabetes, exercise medicine, and health disparities. Programs should have a strong existing track record of NIH funding in all of these areas, such as an NIH-funded Nutrition Obesity Research Center, Diabetes Research Center, Obesity Health Disparities Research Center, and O'Brien Kidney Center. Additionally, regional multi-institutional consortiums are strongly encouraged. Diabetes.--NIDDK is urged to support research to improve the treatment of diabetic foot ulcers and reduce amputations. Further, the agreement urges NIDDK to work with NIA to explore the relationship between diabetes and neurocognitive conditions, such as dementia and Alzheimer's disease. Finally, the agreement supports efforts to utilize adult- derived, non-embryonic pluripotent stem cells for developing and commercializing the use of the stem cell-derived islets for both drug discovery and testing platforms and therapeutic delivery to patients with diabetes. Liver Diseases.--NIDDK is encouraged to continue to feature liver diseases research considering recent progress and improvements for liver disease patients. Medical Foods.--The agreement encourages further incorporation of research topics associated with medical foods and patient care into emerging research activities. NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE (NINDS) Cerebral Palsy.--The agreement strongly encourages NIH to prioritize and implement additional FOAs to significantly strengthen, accelerate, and coordinate Cerebral Palsy (CP) research to address priorities across the lifespan identified in the five to 10 year Cerebral Palsy Strategic Plan developed by NINDS and NICHD. FOAs should target basic and translational discoveries, including genetics, regenerative medicine, and mechanisms of neuroplasticity, as well as clinical studies aimed at early intervention, comparative effectiveness, and functional outcomes in adults. NIH is also encouraged to coordinate with other agencies, including CDC, to support additional research on preventing, diagnosing, and treating CP. Dystonia.--The agreement urges NINDS to follow the recommendations of the dystonia conference, including identifying new research and therapeutic needs that will lead to a better understanding of dystonia etiology and evaluation of the status of translational research that may lead to more treatment options for those affected by dystonia. Opioid Misuse and Addiction.--The agreement includes no less than $250,000,000 for targeted research related to opioid misuse and addiction, development of opioid alternatives, pain management, and addiction treatment. The agreement directs NIH to expand scientific activities related to research on medications used to treat and reduce chronic pain, and the transition from acute to chronic pain. POTS.--NIH is directed to submit the report on POTS requested in Senate Report 115-289, now overdue, no later than 30 days after enactment of this Act. NIH is strongly encouraged to include an estimate of annual NIH funding allocated to POTS research in its publicly available RCDC report. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (NIAID) AIDS Conference.--The agreement includes $5,100,000 for the U.S. contribution to the AIDS2020 Conference. Antimicrobial Resistance.--The agreement includes $511,000,000 within NIAID for research related to combating antimicrobial resistance (AMR), an increase of $50,000,000. In April, the United Nations issued a report that, like the 2016 review sponsored by the government of the United Kingdom and Wellcome Trust, warned that rampant overuse of antibiotics and antifungal medicines in humans, livestock, and agriculture could erase much of the improvement in public health achieved since the development of the first antimicrobials in the 1940s. The agreement includes $1,700,000 to fund a National Academies of Sciences, Engineering, and Medicine (NASEM) study to examine and quantify the long-term medical and economic impacts of increasing AMR in the U.S. The review should examine progress made on the U.S. National Strategy and Action Plan for Combating Antibiotic-Resistant Bacteria, including domestic and international strategies employed by NIH, CDC, FDA, ASPR, USDA, and USAID. The NASEM report should make recommendations to address any gaps in research and development of therapeutics and diagnostics; efforts to move new products to market; animal and human surveillance, prevention efforts, international coordination and collaboration; and any other recommendations NASEM finds relevant to stopping the spread of AMR. The agreement directs NIAID to report on trends in AMR-related Research Project Grants, including the success rates for such grants, and requests an update on these activities in the fiscal year 2021 Congressional Justification, including an overall assessment of the progress to date of efforts to address AMR. Celiac Disease.--The agreement encourages NIH to devote sufficient, focused research to [[Page H11070]] the study of celiac disease, including the autoimmune causation underpinning the affliction. The agreement urges NIAID to better coordinate existing research and focus new research efforts toward causation and, ultimately, a cure of this disease. NIAID is encouraged to coordinate with other Institutes and Centers as appropriate and to submit its plan for coordination and execution of this research to the Committees no later than 90 days after enactment of this Act. Hepatitis B Virus.--The agreement urges additional targeted calls for Hepatitis B Virus (HBV) research to fund the many critical research opportunities identified by the scientific community in the Roadmap for a Cure. The agreement urges active participation and leadership by NIAID in the Director's newly established Trans-NIH Hepatitis B working group and requests that NIAID submit within 180 days of enactment of this Act, a research plan to pursue a cure for HBV in coordination with the other Institutes and Centers. HIV/AIDS.--The agreement provides an increase of no less than $25,000,000 over the fiscal year 2019 level for HIV/AIDS research. Centers for AIDS Research.--As part of the domestic HIV initiative, the agreement includes no less than $51,000,000 for the Centers for AIDS Research. Lyme Disease and Other Tick-Borne Diseases.--The agreement encourages NIH to issue requests for grant applications for research to investigate causes of all forms and manifestations of Lyme disease and other high-consequence tick-borne diseases, including post-treatment symptoms, as well as research to develop diagnostics, preventions, and treatments for those conditions, including potential vaccine candidates. The agreement urges NIAID, in coordination with CDC, to study the long-term effects on patients suffering from post-treatment Lyme disease syndrome, or ``chronic Lyme disease''. Specifically, the agreement urges NIAID to evaluate the effectiveness of laboratory tests associated with the detection of Borrelia burgdorferi to diagnose the disease early, which can improve the treatment of patients suffering from Lyme disease. The agreement is also aware of promising vaccine innovations to combat Borrelia and requests a report within 90 days of enactment of this Act on agency activities to support Lyme vaccine development. The agreement also encourages NLM, in coordination with NIAID, to update its terminology in line with new research to more accurately reflect the long-term effects of Lyme disease. Medical Countermeasures.--The agreement supports the continuation of NIAID's medical countermeasures program, but expects the Institute to make sure any future contractor selected for the program can refine its animal models, particularly small animal models, to support the establishment of adequate countermeasure efficacy to expedite approval by the FDA. This requires close coordination with NIAID and the adequate level of technical personnel to carry out the program's important mission. Universal Flu Vaccine.--The agreement provides not less than $200,000,000 to advance basic, translational, and clinical research to develop a universal influenza vaccine, an increase of $60,000,000. Valley Fever.--The agreement notes the recent increase in the number of Valley Fever infections in Western States and urges NIAID to prioritize research on this fungal disease. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES (NIGMS) Institutional Development Award.--The agreement provides $386,573,000 for the Institutional Development Award (IDeA) program, an increase of $25,000,000. Maximizing Access to Research Careers.--The agreement recognizes the importance of the Maximizing Access to Research Careers (MARC) program and encourages the continuation and enhancement of efforts underway with our Nation's HBCUs. The agreement also encourages NIH to continue and strengthen its engagement of institutions located in rural parts of the U.S. EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT (NICHD) Impact of Technology and Digital Media on Children and Teens.--The agreement recognizes that children's and teens' lives increasingly involve widespread technology use and consumption of digital media. The agreement encourages NIH to prioritize research into how these types of stimuli affect young people's cognitive, physical, and socio-emotional outcomes, including attention, sleeping routines, and anxiety. Maternal-Fetal Medicine Units Network.--The agreement fully supports the work of the Maternal Fetal Medicine Units network (MFMU) and encourages NICHD to continue to build on its success by ensuring its highly efficient structure of multicenter collaborative research continues. There is particular concern that any change in the funding mechanism or structure for the MFMU could compromise the ability of the network to remain nimble and directly address the changing landscape of women's health, including to reduce health disparities. The agreement directs NICHD to submit a report to the Committees outlining any potential changes being considered to the funding mechanism or structure of the MFMU network within 90 days of enactment of this Act. Prenatal Opioid Use Disorders and Neonatal Abstinence Syndrome.--The agreement encourages NIH to coordinate with other agencies at HHS to support additional research on prevention, identification, and treatment of prenatal opioid exposure and neonatal abstinence syndrome (NAS), including the best methods for screening and treating pregnant women for opioid use disorder and the best methods for screening for NAS. Additionally, the agreement encourages NIH to build on the Advancing Clinical Trials in Neonatal Opioid Withdrawal study to enhance understanding of the impact of pharmacological and non-pharmacological treatment techniques on costs and outcomes in the short- term and longitudinally. The agreement further encourages NIH to coordinate with other agencies at HHS to support research on innovative care models to optimize care and long-term outcomes for families. Research in Pregnant and Lactating Women.--The Task Force on Research Specific to Pregnant Women and Lactating Women issued a report to the Secretary of HHS outlining 15 recommendations to facilitate the inclusion of pregnant and lactating women in clinical research. The agreement commends the Secretary for extending the Task Force and believes this extension should be for at least an additional two years to continue to work towards healthcare professionals and consumers having accurate information on the safety and efficacy of drugs taken by these populations. NICHD should oversee its part of the implementation of the already released recommendations working with other relevant Institutes and Centers, CDC, and FDA. The agreement requests a progress report be provided in the fiscal year 2021 Congressional Justification. NATIONAL EYE INSTITUTE (NEI) Age-Related Macular Degeneration.--The agreement recognizes the tremendous strides in the treatment of patients with the ``dry'' form of age-related macular degeneration and commends NEI for its planned first-in-human clinical trial that would test a stem cell-based therapy from induced pluripotent stem cells. The agreement supports NEI's prospective international study of patients that uses the latest advances in retinal imaging to identify biomarkers of the disease and targets for early therapeutic interventions. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES (NIEHS) Hurricane Harvey Research.--The agreement includes $3,000,000 for the continued funding and expansion of research on the health effects of environmental exposures directly related to the consequences of Hurricane Harvey in 2017. The research should focus on the full Hurricane Harvey- affected region, conduct follow-up health research on affected populations on registrants, link to relevant government and non-profit intervention research programs, and provide critical information on disaster preparedness through data sharing and analysis. NATIONAL INSTITUTE ON AGING (NIA) Alzheimer's Disease and Related Dementias.--The agreement provides an increase of $350,000,000 for Alzheimer's disease and related dementias research, bringing the total funding level in fiscal year 2020 to no less than $2,818,000,000. Diversity of Clinical Trials.--The agreement remains concerned about underrepresented populations in research, particularly clinical trials for Alzheimer's. The agreement directs NIH to report to the Committees within 180 days of enactment of this Act on how it is implementing the actions outlined in the National Strategy for Recruitment and Participation in Alzheimer's and Related Dementias Clinical Research, including NIA resources that have been dedicated to these efforts. EUREKA Prize.--The agreement requests a report within 180 days of enactment of this Act on NIA's initial EUREKA prize competition, including the number of submissions received and any unexpected challenges or impediments encountered in executing the challenge, as well as lessons learned that could be applied to future Alzheimer's or other prize challenges. The agreement also requests that the report include any recommendations to enhance the model going forward. national institute on alcohol abuse and alcoholism (niaaa) Mobile Assessment Technology Research for Addictive Behaviors.--The agreement encourages NIAAA to support meritorious research to improve the prevention and treatment of substance misuse, addiction, and related consequences through the use of mobile technologies. national institute on drug abuse (nida) Barriers to Research.--The agreement directs NIDA to provide a brief report on the barriers to research that result from the classification of drugs and compounds as Schedule I substances no later than 120 days after enactment of this Act. Cannabis Research.--The agreement encourages NIH to consider additional investment in studying the medicinal effects and toxicology of cannabidiol and cannabigerol. Methamphetamine Medication-Assisted Treatments.--The agreement urges NIDA to continue its ongoing trials to expeditiously find and approve a medication-assisted treatment for methamphetamine. Opioid Misuse and Addiction.--The agreement includes no less than $250,000,000 for targeted research related to opioid misuse and addiction, development of opioid alternatives, pain management, and addiction treatment. The agreement directs NIH to expand scientific activities related to research [[Page H11071]] on medications used to treat and reduce chronic pain, and the transition from acute to chronic pain. Further, the agreement urges NIH to: (1) continue funding research on medication development to alleviate pain and to treat addiction, especially the development of medications with reduced misuse liability; (2) as appropriate, work with private companies to fund innovative research into such medications; (3) report on what is known regarding the transition from opioid analgesics to heroin and synthetic opioid use and addiction within affected populations; (4) conduct pilot studies to create a comprehensive care model in communities nationwide to prevent opioid misuse, expand treatment capacity, enhance access to overdose reversal medications, and enhance prescriber practice; (5) test interventions in justice system settings to expand the uptake of medications for treating opioid use disorder (OUD) and methods to scale up these interventions for population-based impact; and (6) develop evidence-based strategies to integrate screening and treatment for OUD in emergency department and primary care settings. In addition, NIH should continue to sponsor research to better understand the effects of long-term prescription opioid use, especially as it relates to the prevention and treatment of opioid misuse and addiction. Further, the agreement notes NIDA has started to investigate the links among respiratory health, disease, and deaths from opioids to determine if addressing underlying respiratory physiology can prevent death due to respiratory failure during overdoses. national institute of mental health (nimh) Suicide Prevention and Risk Detection Algorithms.--The agreement continues to encourage NIMH to prioritize its suicide screening and prevention research efforts to produce risk detection models that are interpretable, scalable, and practical for clinical implementation, including mental and behavioral healthcare interventions, to combat suicide in the U.S. In assessing research opportunities, the agreement encourages NIMH to consider the recommendations included in the Action Alliance for Suicide Prevention's A Prioritized Research Agenda for Suicide Prevention. national human genome research institute (nhgri) Computational Genomics and RNA Molecules.--The agreement urges NHGRI to continue to support research on RNA molecules and the mechanisms through which they affect biological processes that cause disease. Emerging Centers of Excellence in Genomic Sciences.--The agreement includes no less than $10,000,000 for a new competitively-awarded center-based grant program for Emerging Centers of Excellence. The purpose of these awards is to build capacity at institutions that are not prior or current grantees of the Centers of Excellence in Genomic Sciences program. The agreement urges NHGRI to include plans for sustainment of this capacity-building mechanism in its 2020 vision report. national center for complementary and integrative health (nccih) Pain Management.--The agreement urges NIH, along with DoD and VA, to continue to support research on non- pharmacological treatments for pain management to ensure the best quality of care for our Nation's veterans. national institute on minority health and health disparities (nimhd) Mental Health.--To address the multiple causes of suicide, the agreement urges NIMHD to develop a behavioral health approach focusing on at-risk populations and building the mental health workforce at the community level. The proposed model should improve mental health care access to underserved populations, including those in rural areas, while simultaneously providing training to potential rural behavioral health providers. Neuroscience Research in African-Americans.--The agreement urges the NIH Neurobiobank to work with NIMHD and relevant extramural partners to develop the infrastructure needed to accelerate the discovery of novel therapeutic targets for neuropsychiatric disorders utilizing post-mortem brain datasets from underrepresented ethnic minority groups, including African-Americans. Research Centers in Minority Institutions.--The agreement includes $75,000,000 for the Research Centers in Minority Institutions (RCMI) program to support critical infrastructure development and scientific discovery in historically minority graduate and health professional schools. The agreement also recognizes the importance of the RCMI Coordinating Center in ensuring that collectively, institutions can engage in multi-site collaborative research. Research Endowment Program.--The agreement urges NIMHD to move forward with the recommendations made by the Advisory Council workgroup to restore endowment eligibility for the Research Endowment Program (REP) to the original Congressional intent, which includes both current and former centers of excellence. NIMHD is requested to report to the Committees on progress made to implement these recommendations prior to issuing its next FOA for REP. john e. fogarty international center for advanced study in the health sciences (fic) Global Infectious Diseases.--The agreement urges FIC to continue its important work of building relationships with scientists abroad to foster a stronger, more effective science workforce and health research capacity on the ground, helping to detect infectious diseases and building the capacity to confront those diseases while improving the image of the U.S. though health diplomacy in their countries. national center for advancing translational sciences (ncats) Clinical and Translational Science Awards.--The agreement provides $578,141,000 for Clinical and Translational Science Awards (CTSAs) and encourages NCATS to fund, through the existing CTSA hubs, programs to address disparities and the significant burden of diseases and other conditions that disproportionately affect minority and special populations. Accelerating this capacity will reduce the burden of disease and promote health equity. Applying the CTSA model to address long-standing regional health disparities can provide innovative, multi-disciplinary approaches to reducing the burden of disease among vulnerable populations. Cures Acceleration Network.--The agreement provides up to $60,000,000 for the Cures Acceleration Network. office of the director (od) 7q11.23 Duplication Syndrome.--Duplication 7 syndrome is a rare chromosomal abnormality and those affected by this chromosomal duplication are likely to experience severe behavioral and developmental disabilities requiring consistent medical treatments and therapies. NIH is strongly encouraged to expand research on rare genetic and chromosomal abnormalities such as 7q11.23 duplication syndrome. Adult Cellular Therapies.--The agreement encourages NIH, in coordination with FDA, to explore the feasibility and utility of an outcomes database for adult cellular therapies that are either FDA-approved or are being administered under FDA Investigational New Drug or Investigational Device Exemption protocols. All of Us Precision Medicine Initiative.--The agreement includes $500,000,000 for the All of Us precision medicine initiative. Funding provided in the 21st Century Cures Act is reduced by $37,000,000 in fiscal year 2020. Ensuring sustained, consistent funding for this study is important. Therefore, the agreement has chosen to replace this reduction and increase base funding for the program. The agreement directs NIH to continue its efforts to recruit and retain participants from historically underrepresented populations in biomedical research so that the All of Us scientific resources reflect the rich diversity of our country. Further, the agreement encourages NIH to continue to work with a broad array of children's hospitals and networks to leverage their expertise and ensure greater diversity in pediatric recruitment and enrollment. Amyotrophic Lateral Sclerosis.--The agreement directs the NIH Director to facilitate further efforts involving, at a minimum, NINDS and NIA, to study Amyotrophic Lateral Sclerosis (ALS) disease mechanisms and identify genes to facilitate the expeditious development of targeted therapies. These trans-NIH efforts shall bring together research results that will be available to academic researchers, non-profit organizations, and industry researchers, and will supplement, not supplant, existing NIH-supported activities for ALS research. The near-term research opportunity to find a cure is real for ALS. Any such breakthroughs will have significant benefits for related neurological conditions including TBI, Parkinson's, and Alzheimer's. The agreement directs NIH to report to the Committees within 180 days of enactment of this Act on progress in furthering these research areas, specifically on key areas of focus for fiscal years 2020- 2024. Autism.--The agreement encourages NIH to continue to aggressively invest in research on autism consistent with the objectives outlined in the Strategic Plan. The agreement also encourages NIH to support greater investment in research and collaborations focused on addressing the gaps outlined in the Strategic Plan, including studies to understand the intersection of biology, behavior, and the environment. Autoimmune Conditions.--Autoimmune diseases are more common in women than in men, typically manifesting in their childbearing years. They include conditions such as rheumatoid arthritis, multiple sclerosis, lupus, celiac disease, inflammatory bowel disease, and type 1 diabetes and together affect an estimated five to seven percent of Americans. Many affected women live with a second autoimmune illness or other condition. Despite the impact of these diseases and conditions on a domestic population ranging between 15,000,000-25,000,000, there is no single office within NIH tasked with coordinating research across the agency, or examining the complex interplay among these diseases and conditions. The 2010 NASEM study on Women's Health Research identified autoimmune conditions as the ``leading cause of morbidity in women, greatly affecting quality of life.'' Despite their impact, the report found that ``little progress has been made in understanding the conditions better, in identifying the risk factors, or in developing diagnostic tools, better treatments, or cures.'' The agreement includes $1,500,000 for NIH to contract with NASEM to identify and review NIH's research efforts in this broad area of predominantly women's health. The review should explore NIH's research in autoimmune and coexisting disorders, including any barriers to such research, and [[Page H11072]] the most promising areas for future research that would benefit the greatest number of patients. The review should also identify trends among the population suffering from these conditions, and any significant barriers to accurate diagnoses. Finally, the NASEM report should make recommendations for how NIH could improve and better coordinate research into these diseases and conditions, including the potential effects of establishing dedicated research entities within or external to NIH. Big Data.--Despite launching its STRIDES and Data Commons initiatives, NIH has little yet to show in the area of working with data. NIH has struggled to recruit the talent to lead efforts to build an analysis platform. NIH leadership recognizes it needs additional focus on how to consolidate and deliver data to the research community in a more usable and computationally minable form, but is challenged in how to do so. Part of the problem appears to be the salary restrictions of a civil service structure that never contemplated the costs of recruiting highly sought after elite technology talent. The Government Accountability Office (GAO) is directed to identify and assess the options available to NIH for securing the talent it needs to lead these efforts. GAO should consider how other agencies meet similar challenges, and whether statutory changes are necessary. The agreement also directs GAO to review how NIH funds computational talent in its grant awards and whether its funding models adequately reflect the cost of these skillsets to grantees. GAO should assess NIH's guidance for the resource-sharing plan it requires for the typical grantee, and whether these plans are sufficient and can be sustained for ongoing analysis. NIH is urged to engage industry, academic, and other Federal partners to take advantage of cross-enterprise artificial intelligence products, research, and tools. Artificial Intelligence could play a vital role toward advancing the goals of the strategic plan by organizing, managing, and making data usable to researchers, institutions, and the public to drive outcomes. Finally, the agreement includes $30,000,000 to support the Chief Data Strategist's work in fiscal year 2020, and expects NIH to provide a spending plan for these funds within 30 days of enactment of this Act. Biomedical Research Facilities.--The bill provides $50,000,000 for grants to public and/or not-for-profit entities to expand, remodel, renovate, or alter existing research facilities or construct new research facilities as authorized under 42 U.S.C. section 283k. The agreement also directs NIH to allocate no less than 25 percent of funding for this program to Institutions of Emerging Excellence to ensure geographic and institutional diversity. Finally, the agreement urges NIH to consider recommendations made by the NIH Working Group on Construction of Research Facilities, including making awards that are large enough to underwrite the cost of a significant portion of newly constructed or renovated facilities. Brain Research through Advancing Innovative Neurotechnologies Initiative.--The agreement provides $500,000,000 for the BRAIN initiative, finally achieving the initial BRAIN 2025 report recommendation of $500,000,000 per year by fiscal year 2019. The agreement provides additional resources to significantly expand efforts to working with the BRAIN data. Neuroscience, and biosciences in general, need additional focus on how to consolidate and deliver data to the research community in a more usable and computationally minable form. The agreement expects to receive a report in the fiscal year 2021 Congressional Justification on the initiative's achievements in its first five years of operation and its objectives for the next five years, including NIH's plans to address the challenge of making large datasets usable. Clinical Research Professional Competency.--The agreement encourages NIH to continue considering the training needs of the clinical research workforce when determining best practices in conducting clinical trials. Clinical Trials Policy.--The agreement supports NIH's recent announcement to delay the implementation of certain registering and reporting requirements for basic experimental studies with humans. The agreement urges NIH to continue its efforts, including working with the basic research community, to achieve a balanced registration and reporting strategy that meets the interests of study participants, investigators, and taxpayers. NIH is directed to report to the Committees no less than 60 days prior to moving forward with any new proposals for registering basic experimental studies with humans as clinical trials. Ethnic and Racial Diversity in Cancer Development and Outcomes.--The agreement urges NIH, including NIMHD and NCI, to continue to support research on the cause, prevention, and treatment of cancer in populations with diverse cultural, racial, and ethnic composition. The agreement also encourages NCI to continue to consider an institution's research efforts that specifically address the cancer burden, risk factors, incidence, morbidity, mortality, and inequities in the geographic area it serves, when considering applications from cancer centers for NCI designation. Firearm Injury and Mortality Prevention Research.--The agreement includes $12,500,000 to conduct research on firearm injury and mortality prevention. Given violence and suicide have a number of causes, the agreement recommends the NIH take a comprehensive approach to studying these underlying causes and evidence-based methods of prevention of injury, including crime prevention. All grantees under this section will be required to fulfill requirements around open data, open code, pre-registration of research projects, and open access to research articles consistent with the National Science Foundation's open science principles. The Director of NIH is to report to the Committees within 30 days of enactment on implementation schedules and procedures for grant awards, which strive to ensure that such awards support ideologically and politically unbiased research projects. Foreign Threats to Research.--There remains concern about foreign threats to the research infrastructure in the U.S. In particular, the Chinese government has started a program to recruit NIH-funded researchers to steal intellectual property, cheat the peer-review system, establish shadow laboratories in China, and help the Chinese government obtain confidential information about NIH research grants. As the Federal Bureau of Investigation, HHS, and NIH continue to investigate the impact the Thousand Talents and other foreign government programs have had on the NIH research community, the agreement directs NIH to notify the Committees quarterly on the progress of the investigation, as well as institutions, scientists, and research affected. Further, the agreement directs NIH to carefully consider the NIH Advisory Committee's recommendations, including to implement a broad education campaign about the requirement to disclose foreign sources of funding and develop enhanced cybersecurity protocols. As recommended, NIH should use this campaign to help institutions develop best practices for how to handle these challenges, including training, communications materials, and how to improve vetting, education, and security. Further, NIH shall evaluate the peer-review system and their internal controls through a lens that takes into account national security threats. This includes holding those accountable who inappropriately share information from the peer-review process or illegally share intellectual property. The agreement notes the partnership between NIH and HHS' Office of National Security (ONS) on this issue and ONS's implementation of a formal NIH CI/Insider Threat program on NIH's behalf. The agreement believes this work should be expanded in fiscal year 2020 and directs NIH to allocate no less than $5,000,000 for this work that ONS does on behalf of NIH. Frontotemporal Degeneration Research.--The agreement encourages NIH to continue to support a multi-site network of clinical centers to study genetic and sporadic cases of frontotemporal degeneration (FTD) and maintain progress toward biomarker discovery and drug development in clinical trials using these well-defined FTD cohorts. A key component of this network will be the development of a data biosphere that supports wide sharing of robust datasets, generated with powerful -omic platforms. Data sharing will enable the broader community of researchers outside of the clinical networks, particularly early career scientists, to take on the challenges currently confronting Alzheimer's disease and related dementias disorders with a wider array of expertise. Research has revealed that all forms of dementia may have a variety of root causes and display multiple underlying pathologies. Research on the related dementias is critical for understanding basic disease mechanisms that may be common across multiple forms of dementia and therefore speed the translation of this information into much-needed therapeutics. While the continued support of biomedical research offers hope for the future, too many families and individuals living with dementia cannot find the help they need today. Therefore, the agreement also urges NIH to support research on the development of new and improved dementia care practices and long-term supports and services. By supporting both types of research, NIH may advance progress toward future therapies and treatments while also helping people get the appropriate and effective care and support they need today. Harassment Policies.--The NASEM report released last year found that sexual harassment is rampant in the labs and institutions supported by NIH. The Committees believe NIH must play a more active role in changing the culture that has long perpetuated the problem. The Committees direct NIH to require institutions to notify the agency when key personnel named on an NIH grant award are removed because of sexual harassment concerns and to submit to the Committees plans to implement measures that attend to harassment in extramural settings with the same level of attention and resources as those devoted to other research misconduct. The Committees also direct NIH to support research in the areas identified in the report, including the psychology underlying harassment and the experiences and outcomes of diverse groups when subjected to harassment. Additionally, the Committees direct NIH to collaborate with NASEM to develop best practices for developing more diverse and inclusive cultures in the grantee research environments, including training individuals in institutions that receive NIH funds to recognize and address sexual harassment, and evaluating the efficacy of various sexual harassment training programs. Hepatitis C.--The agreement urges NIH to prioritize research aimed at supporting hepatitis C elimination. [[Page H11073]] Human Microbiome Project.--The agreement encourages OD to continue working collaboratively with NIDDK and other relevant Institutes and Centers to expand and advance Human Microbiome Project research. IDeA States Pediatric Clinical Trials Network.--The agreement commends NIH for establishing the IDeA States Pediatric Clinical Trials Network (ISPCTN) to provide medically-underserved and rural populations with access to state-of-the-art clinical trials, apply findings from relevant pediatric cohort studies to children in IDeA State locations, and enhance pediatric research capacity to address unmet pediatric research needs in underserved areas. The agreement provides $15,000,000 in additional funding for the Environmental Influences on Child Health Outcomes Program to continue the ISPCTN program. Increasing Diversity in NIH Clinical Trials.--The agreement recognizes efforts by NIH to reduce health disparities by addressing significant barriers to clinical trial participation and directs the agency to ensure eligibility criteria for clinical trials funded by NIH do not create unintentional barriers to participation for racial and ethnic minorities as well as for patients with certain health conditions. The agreement directs NIH to revise existing protocol templates and guidelines for clinical trials that receive funding by the agency to include eligibility criteria that avoids inappropriate exclusions of racial and ethnic minorities by taking steps to account for variations in health status across racial and ethnic minority groups when determining eligibility criteria as well as ensuring exclusions based on health status are scientifically justified and appropriate. Induced Pluripotent Stem Cells.--The agreement directs NIH to provide funding to support translational research, as well as promote regional, collaborative consortiums to advance scientific knowledge in the area of induced pluripotent stem cells basic research. The agreement further instructs NIH to conduct an assessment of agency efforts to: (1) address the existing funding gap between basic science and clinical trial research; and (2) develop a framework that provides both new and existing grantees with funded opportunities for translational research. The agreement expects this information to be included in the fiscal year 2021 Congressional Justification. Intellectual Property.--The agreement encourages the Director to work with the HHS Assistant Deputy Secretary for National Security to improve the security of intellectual property derived from NIH-funded research. In particular, NIH is encouraged to: improve the security of the peer review system; augment the application process to identify funding that applicants receive from a foreign government; and assist the HHS Inspector General and appropriate law enforcement agencies to identify violations of U.S. law or policy. Intramural Nonhuman Primate Research.--The agreement recognizes the use of nonhuman primate research for the advancement of biomedical research. It also understands that NIH continues to seek scientific alternatives to reduce and replace nonhuman primate use in biomedical research. NIH reviews every project that uses nonhuman primates in research to ensure both the welfare of the animal and that there are no scientific alternatives that could replace an animal model. The agreement requests a report to the Committees no later than one year after enactment of this Act that includes a discussion of nonhuman primate use and efforts to reduce such research use specifically, an assessment of research alternatives, including benefits and limitations of such alternatives, cost estimates, and areas of further need for innovative alternatives. In the fiscal year 2021 Congressional Justification, the agreement requests NIH include a discussion of research alternatives in use and those in development. Mucopolysaccharide Diseases.--The agreement encourages expanded research of treatments for neurological, chronic inflammation, cardiovascular, and skeletal manifestations of mucopolysaccharide (MPS) and ML diseases, with an emphasis on gene therapy. The agreement also encourages NIH to increase funding to grantees to incentivize MPS research, particularly given the age and small population of current researchers. Understanding the manifestations and treatments of both the skeletal and neurological disease continue to be the greatest areas of unmet need. Myalgic Encephalomyelitis/Chronic Fatigue Syndrome.--The agreement commends NIH on its new Myalgic Encephalomyelitis/ Chronic Fatigue Syndrome (ME/CFS) efforts, including its 2019 conference on accelerating research into ME/CFS, the formation of the National Advisory Neurological Disorders and Stroke (NANDSC) Council Working Group, and the unanimous adoption of the working group's report and recommendations on September 4, 2019. The agreement strongly encourages NIH to implement the recommendations in the NANDSC report, in particular to accelerate the identification of ME/CFS subtypes through the development of an ME/CFS Registry and Biorepository and to increase the number of ME/CFS research grant applications by investing in early career investigators as recommended in the NANDSC report. The agreement also recommends that NIH expand ME/CFS efforts, for example, by developing: (1) new ME/CFS disease specific funding announcements, including those with set-aside funds, to deliver needed diagnostics and treatments as quickly as possible; (2) an initiative to reach consensus on the ME/CFS case definition; and (3) mechanisms to incentivize researchers to enter the field. National Commission on Lymphatic Diseases.--OD and NHLBI are applauded for facilitating the 2015 Trans-NIH Lymphatics Symposium. Lymphatics research has the scientific potential to treat a variety of severe diseases, including heart disease, diabetes, rheumatoid arthritis, and cancer. The Director is encouraged to establish a National Commission on Lymphatic Diseases or other appropriate mechanism to explore and make recommendations on the ongoing expansion and coordination of lymphatic diseases research NIH-wide. News Briefings.--Until recently, NIH provided the Committees with a summary of the day's news articles on itself, health and medical news, global health updates, and other topics affecting its operations. The agreement directs NIH to resume providing daily NIH news briefings within 14 days of enactment of this Act. Organ Donation and Transplantation.--The agreement includes $1,500,000 to contract with and fund a NASEM study to examine and recommend improvements to research, policies, and activities related to organ donation and transplantation. The report shall include: (1) identification of current challenges involved in modeling proposed organ allocation policy changes and recommendations to improve modeling; (2) recommendations about how costs should be factored into the modeling of organ allocation policy changes; (3) a review of scoring systems (e.g., CPRA, EPTS, KDPI, LAS, MELD, etc.) or other factors that determine organ allocation and patient prioritization and recommendations to assure fair and equitable practices are established, including reducing inequities affecting socioeconomically disadvantaged patient populations; (4) recommendations to update the OPTN's policies and processes to ensure that organ allocation decisions take into account the viewpoints of expert OPTN committees; and (5) such other issues as may be identified. Osteopathic Medical Schools.--The agreement notes concern about a lack of access to research funding for osteopathic medical schools through NIH, as osteopathic medicine is one of the fastest growing healthcare professions in the country, and realizes its vital role in treating our Nation's rural, underserved, and socioeconomically challenged populations. Pediatric Clinical Trials Authorized under Best Pharmaceuticals for Children Act.--The agreement directs that no less than $25,000,000 be used toward research in preparation for clinical trials authorized by the Best Pharmaceuticals for Children Act. Platform Technologies.--The agreement directs NIH to provide a report in the fiscal year 2021 Congressional Justification that identifies: (1) the challenges that currently limit NIH's ability to support the development of platform technologies, and how these might be addressed. Potential examples include: (a) low levels of engagement with researchers in the physical sciences, engineering, math, and computer science; (b) a culture that prioritizes hypothesis- driven as opposed to technology-driven proposals; (c) the structure of the NIH, which is organized primarily around specific diseases or organs of the body; (d) a typical size and duration of research grants that may not be aligned with the level of investment required for advances in platform technologies; and (e) difficulty in supporting high-risk, high-return ideas; (2) the specific unmet needs for basic, clinical and translational research that might motivate investment in transformational platform technologies that could be high-impact and timely, given recent scientific and technological advances and unmet medical needs; and (3) changes that NIH and Congress should consider with respect to its ability to identify and fund promising research proposals for platform technologies. Examples include: (a) recruiting NIH personnel and members of study sections with relevant expertise; (b) supporting workshops and the development of roadmaps for platform technologies; (c) increasing funding mechanisms that are appropriate for platform technologies that are relevant to multiple NIH Institutes, such as the Common Fund or NIBIB; (d) increasing NIH's capacity to partner with industry on the development of platform technologies, such as use of Other Transactions authorities; (e) experimentation with different models for funding and managing research, such as the DARPA model for recruiting and empowering world-class program managers; (f) use of incentive prizes, milestone payments and open innovation techniques; and (g) funding non-profit research institutes that have an increased capacity to manage more complex research projects that require professional scientists, engineers, and product managers, not just graduate students and postdoctoral researchers. The agreement encourages NIH to engage the research community and industry as it develops its response to these questions and options. Precision Medicine and the Pediatric Population.--The agreement recognizes the potential that precision medicine holds for all populations, including children, and encourages NIH to prioritize timely and meaningful enrollment for the pediatric population, including healthy children and those with rare disease, in the All of Us program. The agreement requests an update within 60 days on [[Page H11074]] the timing for the Special Populations Committee to provide recommendations regarding the practical considerations of child enrollment and data collection involving children. Additionally, the agreement directs that NIH provide an update on plans to ensure that the research cohort includes a sufficient number of children to make meaningful studies possible, the target date for enrollment to commence and how enrollment strategies will include input from pediatric stakeholders across the country with experience in pediatric clinical trial enrollment. Rare Diseases.--There is concern with unknown costs resulting from undiagnosed and untreated rare diseases. As a result, the agreement directs GAO to study what is known about the total impact rare diseases have on the U.S. economy, including direct medical costs, non-medical costs, loss of income, and the societal consequence of undiagnosed and untreated rare disease. No later than two years after the date of enactment of this Act, GAO shall provide a report on its findings to the Committees. Regenerative Medicine.--NIH is encouraged, in collaboration with FDA and HRSA, to engage experts and stakeholders to define data types and standards necessary to collect data and measure outcomes related to regenerative cell therapies and conduct real-world testing through a pilot outcomes database for regenerative adult cell therapies, including products administered under FDA Investigational New Drug or Investigational Device Exemption protocols. Spina Bifida.--The agreement encourages NIA, NIDDK, NICHD, and NINDS to study the causes and care of the neurogenic bladder and kidney disease to improve the quality of life of children and adults with Spina Bifida; to support research to address issues related to the treatment and management of Spina Bifida and associated secondary conditions, such as hydrocephalus; and to invest in understanding the myriad co- morbid conditions experienced by individuals with Spina Bifida, including those associated with both paralysis and developmental delay. The agreement supports the specific efforts of NICHD to understand early human development; set the foundation for healthy pregnancy, and lifelong wellness of women and children; and promote the gynecological, andrological and reproductive health for people with Spina Bifida. Additionally, NICHD is encouraged to identify sensitive time periods to optimize health interventions; improve health during transition from adolescence to adulthood; and ensure safe and effective therapeutics and devices. Stimulating Peripheral Activity to Relieve Conditions Initiative.--The agreement applauds NIH for its cross-cutting Simulating Peripheral Activity to Relieve Conditions Initiative and is pleased by the Initiative's attention to research that aims to address gaps in treatments for patients suffering from gastrointestinal, genitourinary, cardiac, and other disorders. NIH is encouraged to work collaboratively across its Institutes and Centers on innovative ways to expand treatment options for these often burdensome conditions. Temporomandibular Disorders.--For the first time, the nation's leaders in health and medicine are enlisting experts to review all aspects of TMD, generating recommendations for research, regulation, and policy. To continue to build on advances in coordinated research and treatment, the agreement asks OD, as it continues to work with NASEM on the study, to explore the creation of a NIH inter-Institute TMD working group and to report to the Committees within 90 days following the publication of the final report. Traumatic Brain Injury.--The agreement directs NIH to enhance its research efforts on alternative treatment methods for TBI and post-traumatic stress disorder (PTSD), including hyperbaric oxygen treatment (HBOT). The agreement encourages NIH to partner with DoD and VA to research treatment alternatives such as HBOT for veterans living with PTSD and/ or TBI. Trisomy 21.--The agreement includes $60,000,000 for support of the Investigation of Co-Occurring Conditions Across the Lifespan to Understand Down Syndrome (INCLUDE) Initiative. It is expected that this multi-year, trans-NIH research initiative may yield scientific discoveries that could significantly improve the health and quality of life of individuals with Down syndrome as well as millions of typical individuals. The agreement requests the Director provide a plan within 60 days of enactment of this Act that includes a timeline description of potential grant opportunities and deadlines for all expected funding opportunities so that young investigators and new research institutions may be further encouraged to explore research in this space. This plan should also incorporate pipeline research initiatives specific to Down syndrome. Tuberous Sclerosis Complex.--The agreement encourages the Director to apply recommendations from two recent NIH- sponsored workshops on Tuberous Sclerosis Complex (TSC): the Neurodevelopmental Disorders Biomarkers Workshop held in December 2017 involving TSC and related neurodevelopmental disorders to take advantage of biomarker expertise and lessons learned across disease groups, and the workshop entitled Accelerating the Development of Therapies for Anti- Epileptogenesis and Disease Modification held in August 2018 for which TSC is a model disorder with the ability to diagnose TSC prior to onset of epilepsy. Urinary Tract Infections.--The agreement commends NIH for supporting research across the lifespan to better understand the genitourinary microbiome, the role of inflammation in bladder health, and the impact of these factors in urinary tract infections (UTIs). NIH should continue research in the development of new and novel therapies to treat and prevent UTIs, including small molecule candidates and other approaches that can disrupt infection and new antibiotics against extensively drug-resistant bacterial strains. The agreement supports the development of preventive therapies and new treatment strategies. Inclusion in Clinical Research.--The agreement directs NIH to fund a NASEM study examining and quantifying the long-term medical and economic impacts of the inclusion of women and racial and ethnic minorities in biomedical research and subsequent translational work, and has provided $1,200,000 to fund this effort. NIH is directed to report to the Committees on this issue and it should include a review of the existing research on the long-term economic benefits of increasing the participation of women and racial and ethnic minorities in clinical trials and biomedical research, including an analysis of fiscal implications of inclusion on the nation's overall healthcare costs; examine new programs and interventions in medical centers that are currently working to increase participation of women of lower socioeconomic status and women who are members of racial and ethnic minority groups; identify programs that are positively addressing issues of underrepresentation; and analyze whether and how those programs are replicable and scalable; and identify more inclusive institutional and informational policies and procedures to improve health outcomes for racial and ethnic minorities, including health referral forms, continuing education classes, and more. BUILDINGS AND FACILITIES The bill includes $225,000,000 from HHS' Nonrecurring Expenses Fund for buildings and facilities. The agreement directs NIH to provide a report with the fiscal year 2021 Congressional Justification describing the steps it has taken and will take to implement the recommendations in the 2019 NASEM report Managing the NIH Bethesda Campus' Capital Assets in a Highly Competitive Global Biomedical Research Environment. There is a particular interest in the actions NIH is taking to apply the recommendations to update the Buildings and Facilities prioritization model, develop an annual budget request for Backlog of Maintenance and Repair, and strengthen its internal governance process, including assigning and empowering a senior leader to manage capital planning. In addition, the agreement directs NIH to provide quarterly briefings of its Buildings and Facilities maintenance and construction plans, including specific milestones for advancing projects, status of the project, cost, and priority. These updates should also highlight and explain any potential cost and schedule changes affecting projects. Substance Abuse and Mental Health Services Administration (SAMHSA) The agreement encourages SAMHSA to exercise maximum flexibility when developing funding opportunity announcements to ensure that all eligible applicants may apply. MENTAL HEALTH Certified Community Behavioral Health Clinics.--The agreement includes increased funding and directs SAMHSA to prioritize resources to entities within States that are part of the section 223(a) of the Protecting Access to Medicare Act of 2014 (P.L. 113-93) demonstration and to entities within States that were awarded planning grants. Mental Health.--The agreement directs SAMHSA to provide a comprehensive plan to the Committees no later than 60 days after enactment of this Act identifying current gaps in mental health care programs, highlighting how programs can help close those gaps, and providing recommendations to meet the needs of those experiencing mental illness. National Child Traumatic Stress Initiative.--The agreement intends that $13,000,000 is for a new competitive process to expand support for universities, hospitals, and community- based programs, of which at least $4,000,000 is to be prioritized for mental health services for unaccompanied alien children. The agreement also provides an additional $2,000,000 for activities authorized under section 582(d) and (e) of the Public Health Service Act. Within the total provided for Mental Health Programs of Regional and National Significance (PRNS), the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Capacity: Seclusion and Restraint............................. $1,147,000 Project AWARE....................................... 102,001,000 Mental Health Awareness Training.................... 22,963,000 Healthy Transitions................................. 28,951,000 Infant and Early Childhood Mental Health............ 7,000,000 Children and Family Programs........................ 7,229,000 Consumer and Family Network Grants.................. 4,954,000 Project LAUNCH...................................... 23,605,000 Mental Health System Transformation................. 3,779,000 Primary and Behavioral Health Care Integration...... 49,877,000 National Strategy for Suicide Prevention............ 18,200,000 Zero Suicide.................................... 16,200,000 American Indian and Alaska Native........... 2,200,000 Suicide Lifeline.................................... 19,000,000 [[Page H11075]] Garrett Lee Smith--Youth Suicide Prevention--States. 35,427,000 Garrett Lee Smith Youth Suicide Prevention--Campus.. 6,488,000 American Indian and Alaskan Native Suicide 2,931,000 Prevention Initiative.............................. Tribal Behavioral Grants............................ 20,000,000 Homelessness Prevention Programs.................... 30,696,000 Minority AIDS....................................... 9,224,000 Criminal and Juvenile Justice Programs.............. 6,269,000 Assisted Outpatient Treatment....................... 19,000,000 Assertive Community Treatment for Individuals with 7,000,000 Serious Mental Illness............................. Comprehensive Opioid Recovery Centers............... 2,000,000 Science and Service: Garrett Lee Smith--Suicide Prevention Resource 7,988,000 Center............................................. Practice Improvement and Training................... 7,828,000 Primary and Behavioral Health Integration Technical 1,991,000 Assistance......................................... Consumer & Consumer Support Technical Assistance 1,918,000 Centers............................................ Minority Fellowship Program......................... 9,059,000 Disaster Response................................... 1,953,000 Homelessness........................................ 2,296,000 ------------------------------------------------------------------------ Comprehensive Opioid Recovery Centers.--The agreement includes funding to provide grants, as authorized by section 7121 of the SUPPORT Act (P.L. 115-271), to previous recipients of HRSA Rural Communities Opioid Response Program Planning Grants that provide comprehensive treatment and recovery services in rural communities, including Tribal communities. Criminal Justice Activities.--The agreement prioritizes funding for centers that provide assistance to those with severe mental health needs who are at risk of recidivism. The agreement encourages SAMHSA to prioritize applications from areas with high rates of uninsured individuals, poverty, and substance use disorders. Infant and Early Childhood Mental Health.--The agreement includes an increase to fund additional grants. The agreement continues to recommend providing grants to entities such as State agencies, Tribal communities, and university or medical centers. Mental Health Awareness Training.--SAMHSA is directed to include as eligible grantees local law enforcement agencies, fire departments, and emergency medical units with a special emphasis on training for crisis de-escalation techniques. SAMHSA is also encouraged to allow training for veterans and armed services personnel and their family members within the Mental Health First Aid program. Project AWARE.--The agreement includes an increase and encourages SAMHSA to expand the identification of children and youth in need of mental health services, increase access to mental health treatment, promote mental health literacy among teachers and school personnel, and provide mental health services in schools and for school aged youth. Of the amount provided, the agreement directs $10,000,000 for discretionary grants to support efforts in high-crime, high- poverty areas and, in particular, communities that are seeking to address relevant impacts and root causes of civil unrest, community violence, and collective trauma. These grants should maintain the same focus as fiscal year 2019 grants. The agreement requests a report on progress of grantees 180 days after enactment of this Act. Suicide Prevention.--The agreement includes increased funding to expand and enhance access to suicide prevention resources of the Suicide Lifeline, the Zero Suicide program, and Garrett Lee Smith Suicide Prevention Resource Center. SUBSTANCE ABUSE TREATMENT State Opioid Response Grants.--The agreement includes bill language to make addressing stimulant abuse an allowable use of funds while maintaining the existing formula. The agreement directs SAMHSA to ensure funds reach communities and counties with the greatest unmet need. Additionally, the agreement urges the Assistant Secretary to ensure the formula avoids a significant cliff between States with similar mortality rates. SAMHSA is also directed to provide State agencies with technical assistance concerning how to enhance outreach and direct support to providers and underserved communities. Consistent with the objective of Comprehensive Opioid Recovery Centers, the agreement encourages long-term care and support services that dramatically improve outcomes and contribute to best practices. The agreement notes concern that the report requested under this heading in fiscal year 2018 has not been transmitted to the Committees. In addition, the agreement urges transmittal of SAMHSA's evaluation of the program to the Committees by April 2020. SAMHSA is directed to make such report and evaluation available on SAMHSA's website. Within the total provided for Substance Abuse Treatment Programs of Regional and National Significance, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Capacity: Opioid Treatment Programs/Regulatory Activities..... $8,724,000 Screening, Brief Intervention, Referral, and 30,000,000 Treatment.......................................... PHS Evaluation Funds............................ 2,000,000 Targeted Capacity Expansion--General................ 100,192,000 Medication-Assisted Treatment for Prescription 89,000,000 Drug and Opioid Addiction...................... Grants to Prevent Prescription Drug/Opioid Overdose. 12,000,000 First Responder Training............................ 41,000,000 Rural Focus..................................... 23,000,000 Pregnant and Postpartum Women....................... 31,931,000 Recovery Community Services Program................. 2,434,000 Children and Families............................... 29,605,000 Treatment Systems for Homeless...................... 36,386,000 Minority AIDS....................................... 65,570,000 Criminal Justice Activities......................... 89,000,000 Drug Courts..................................... 70,000,000 Improving Access to Overdose Treatment.............. 1,000,000 Building Communities of Recovery.................... 8,000,000 Peer Support Technical Assistance Center............ 1,000,000 Emergency Department Alternatives to Opioids........ 5,000,000 Treatment, Recovery, and Workforce Support.......... 4,000,000 Science and Service: Addiction Technology Transfer Centers............... 9,046,000 Minority Fellowship Program......................... 4,789,000 ------------------------------------------------------------------------ Adolescent Substance Use Screening, Brief Intervention, and Referral to Treatment (SBIRT).--The agreement encourages SAMHSA to use funds for the adoption of SBIRT protocols in primary care and other appropriate settings that serve youth 12 to 21 years of age as well as on the adoption of system- level approaches to facilitate the uptake of SBIRT into routine healthcare visits for adults. Further, the agreement encourages SAMHSA to consider using existing resources for grants to pediatric healthcare providers in accordance with the specifications outlined in section 9016 of the Sober Truth in Preventing Underage Drinking Reauthorization (P.L. 114-255). Building Communities of Recovery.--The agreement provides an increase for enhanced long-term recovery support principally governed by people in recovery from substance use disorders. Such support reflects the community being served and encourages the role of recovery coaches. SAMHSA is encouraged to ensure that grants employing peers comply with the highest standards within their respective States. Emergency Department Alternatives to Opioids.--The agreement includes funding to award new grants to hospitals and emergency departments as authorized in section 7091 of the SUPPORT Act (P.L. 115-271). First Responder Training.--Of the funding provided, the agreement provides an additional $5,000,000 to make new awards to rural public and non-profit fire and EMS agencies as authorized in the Supporting and Improving Rural Emergency Medical Services Needs (SIREN) Act, included in the Agriculture Improvement Act of 2018 (P.L. 115-334). The agreement directs SAMHSA to coordinate with the Federal Office of Rural Health Policy in HRSA. Medication-Assisted Treatment for Prescription Drug and Opioid Addiction.--Within the amount, the agreement includes $10,000,000 for grants to Indian Tribes, Tribal Organizations, or consortia. Neonatal Abstinence Syndrome.--The agreement supports the continued efforts of expanded implementation of SBIRT and its possible impact on reducing the costs of neonatal abstinence syndrome. Opioid Abuse in Rural Communities.--The agreement encourages SAMHSA to support initiatives to advance opioid abuse prevention, treatment, and recovery objectives, specifically focusing on addressing the needs of individuals with substance use disorders in rural and medically- underserved areas, as well as programs that emphasize a comprehensive community-based approach involving academic institutions, healthcare providers, and local criminal justice systems. Peer Support Technical Assistance Center.--The agreement provides funding for the creation of the Center, as authorized by section 7152 of the SUPPORT Act (P.L. 115-271). Pregnant and Postpartum Women.--The agreement encourages SAMHSA to prioritize States that support best-practice collaborative models for the treatment and support of pregnant women with opioid use disorders. Telehealth Medication-Assisted Treatment (MAT) for Opioid Treatment.--The agreement notes that some State Opioid Response grant funding has been used to fund MAT through telehealth and requests a report in the fiscal year 2021 Congressional Justification on efficacy and sustainability of this effort. Treatment Assistance for Localities.--The agreement recognizes the use of peer recovery specialists and mutual aid recovery programs that support MAT and encourages SAMHSA to support these activities as applicable in its current grant programs. Treatment, Recovery, and Workforce Support.--The agreement includes funding to implement section 7081 of the SUPPORT Act (P.L. 115-271). SAMHSA is directed to, in consultation with the Secretary of Labor, award competitive grants to entities to carry out evidence-based programs to support individuals in substance use disorder treatment and recovery to live independently and participate in the workforce. SUBSTANCE ABUSE PREVENTION Within the total provided for Substance Abuse Prevention Programs of Regional and National Significance, the agreement includes the following amounts: [[Page H11076]] ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Capacity: Strategic Prevention Framework/Partnerships for $119,484,000 Success............................................ Strategic Prevention Framework Rx............... 10,000,000 Federal Drug-Free Workplace......................... 4,894,000 Minority AIDS....................................... 41,205,000 Sober Truth on Preventing Underage Drinking (STOP 9,000,000 Act)............................................... National Adult-Oriented Media Public Service 1,000,000 Campaign....................................... Community-based Coalition Enhancement Grants.... 7,000,000 Intergovernmental Coordinating Committee on the 1,000,000 Prevention of Underage Drinking................ Tribal Behavioral Health Grants..................... 20,000,000 Science and Service: Center for the Application of Prevention 7,493,000 Technologies....................................... Science and Service Program Coordination............ 4,072,000 Minority Fellowship Program......................... 321,000 ------------------------------------------------------------------------ Sober Truth on Preventing Underage Drinking Act (STOP Act).--The agreement provides an increase for community-based coalition enhancement grants. Strategic Prevention Framework-Partnerships for Success Program.--The agreement encourages the program to support comprehensive, multi-sector substance use prevention strategies to stop or delay the age of initiation of each State's top three substance use issues for 12 to 18 year old youth as determined by the State's epidemiological data. The agreement directs SAMHSA to ensure that State alcohol and drug agencies remain eligible to apply along with community- based organizations and coalitions. HEALTH SURVEILLANCE AND PROGRAM SUPPORT Within the total provided for health surveillance and program support, the agreement includes the following amounts: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Health Surveillance..................................... $47,258,000 PHS Evaluation Funds................................ 30,428,000 Program Management...................................... 79,000,000 Performance and Quality Information Systems............. 10,000,000 Drug Abuse Warning Network.............................. 10,000,000 Public Awareness and Support............................ 13,000,000 Behavioral Health Workforce Data........................ 1,000,000 PHS Evaluation Funds................................ 1,000,000 ------------------------------------------------------------------------ Interagency Task Force on Trauma-Informed Care.--The agreement supports the authorized activities of the Interagency Task Force on Trauma-Informed Care, including the dissemination of trauma-informed best practices and the promotion of such models and training strategies through all relevant grant programs. Post-Traumatic Stress Disorder in First Responders.--The agreement encourages SAMHSA to examine post-traumatic stress disorder among individuals working in the civilian first responder disciplines to provide information on this effort in the fiscal year 2021 Congressional Justification. Agency for Healthcare Research and Quality (AHRQ) HEALTHCARE RESEARCH AND QUALITY Antimicrobial Resistance.--The agreement provides no less than $10,000,000 for combating antibiotic-resistant bacteria. Diabetes.--AHRQ is encouraged to consider a pilot or demonstration program to support safety net clinics in increasing health literacy and preventing diabetes, with the goal of reducing long-term costs. Diagnostic Errors.--The agreement includes no less than $3,000,000 for the Partners Enabling Diagnostic Excellence research program. Such grants will help establish the incidence of and understanding of factors contributing to diagnostic errors and examine the association between diagnostic safety and quality and outcomes such as patient harms, costs, expenditures, and utilization. Kratom.--Little research has been done to date on natural products that are used by many to treat pain in place of opioids. These natural plants and substances include kratom and cannabidiol. The agreement recommends no less than $1,000,000 for this research and directs AHRQ to make center- based grants. Such research should lead to clinical trials in geographic regions which are among the hardest hit by the opioid crisis. Malnutrition.--AHRQ is requested to convene a technical expert panel charged with creating a malnutrition-related readmissions quality measure to help prevent malnutrition in hospitals. Primary Care Research.--Congress supports primary care clinical research and dissemination as a core function of AHRQ. AHRQ has proven to be uniquely positioned to support high-quality primary care clinical and practice research, especially in rural and underserved areas, where primary care physicians are the main providers of care. State Primary Care Demonstrations.--Congress understands that a number of States are taking steps to improve the delivery of primary care. Congress believes that these actions could provide a model for primary care nationally. The agreement includes no less than $1,000,000 to support a study of those States' actions, to be shared with the Committees. Centers for Medicare & Medicaid Services (CMS) PROGRAM MANAGEMENT Air Ambulance Costs.--The agreement requests CMS report to the Committees no later than one year after enactment of this Act on any evidence of air ambulance base closures in rural areas which may have affected patients' access to care, and to consider relevant factors that have affected air ambulance transportation costs when setting appropriate air ambulance payments, and consider whether costs currently align with payments. Assistive Technology Act Programs Reutilization Program.-- The agreement encourages CMS to support State Medicaid programs in partnering with State Assistive Technology Act programs to develop and implement reutilization programs with a goal of containing Medicaid costs. At-risk Youth Medicaid Protection.--The agreement encourages CMS to consider rulemaking related to section 1001 of the SUPPORT for Patients and Communities Act (P.L. 115- 271) and include an update on these activities in the fiscal year 2021 Congressional Justification. Certified Community Behavioral Health Clinics.--The agreement directs CMS to provide available cost information to the Committees no later than 30 days after enactment of this Act. CMS should include a preliminary analysis summarizing cost data, as well as compare actual data to the Congressional Budget Office estimate. Claim Payment Coordination.--The agreement requests information in the fiscal year 2021 Congressional Justification that provides options to reform the identification of Medicare beneficiaries enrolled in Medicare Advantage or Part D plans by third party payers in situations where no-fault or liability insurance, or workers' compensation is involved. Colorectal Cancer Screenings.--The agreement encourages CMS to use its existing authority to increase access to colorectal cancer screenings by exploring options to reduce out-of-pocket costs associated with screening colonoscopies when a polyp or lesion is found and removed. Computed Tomography (CT) Colonography.--The agreement encourages CMS to consider existing evidence to determine whether CMS should cover CT colonography as a Medicare- covered colorectal cancer screening test under section 1861(pp)(1) of the Social Security Act. Data Collection Process for Laboratory Testing.--The agreement encourages CMS to continue to work with laboratory stakeholders to further refine and evaluate the data collection process under section 216 of the Protecting Access to Medicare Act of 2014 (P.L. 113-93) to ensure that the information collected accurately reflects the national laboratory market, including physician office laboratories and hospital outreach laboratories. Detecting Cognitive Impairment.--The agreement encourages CMS to evaluate and update its definition of the ``detection of any cognitive impairment'' element to the Annual Wellness Visit with reference to cognitive impairment detection tools available at NIA's Alzheimer's and Dementia Resources for Professionals website and to do so within one year of enactment of this Act. Direct and Indirect Remuneration Fees.--The agreement encourages CMS to work with stakeholders, including community pharmacies and beneficiary groups, to develop standardized performance metrics that can be adopted to move the Part D program toward better patient outcomes and quality. Durable Medical Equipment.--The agreement encourages CMS to consider whether implementation of the next round of competitive acquisition program reforms should be fully completed before adding ventilator equipment, supplies, and services to the competitive bidding program. Emergency Triage, Treat, and Transport (ET3) Model.--The agreement encourages CMS to work with applicants to ensure interested parties are able to participate in the ET3 payment model. Frontier Communities.--The agreement supports an extension of the Frontier Community Health Integration Project program beyond its original three years. Genome and Exome Sequencing.--CMS has yet to provide the report requested in section 251 of division B of H.R. 6157. CMS shall submit this required report no later than 30 days after enactment of this Act. Graduate Medical Education Program.--In conjunction with new medical residency programs language included in House Report 116-62, the agreement encourages CMS to extend the time described in section 413.79(e) of title 42, Code of Federal Regulations, for new residency programs before a full-time equivalent resident cap is applied as authorized in P.L. 105-33. Health Insurance Exchange Transparency.--The agreement continues bill language requiring CMS to continue to provide cost information for the health insurance exchange, including all categories described under this heading in the explanatory statement accompanying division B of P.L. 115- 245, as well as estimated costs for fiscal year 2021. Hospital-Acquired Pressure Ulcers.--The agreement requests an update in the fiscal year 2021 Congressional Justification on reducing pressure ulcer discharges. Immunization Information Systems.--The agreement encourages CMS to work with CDC and other relevant stakeholders to establish greater consistency and interoperability between electronic health records and State and local immunization information systems. [[Page H11077]] Limited Wraparound Coverage.--The agreement strongly urges CMS to extend the pilot program established by a final regulation published on March 18, 2015, to allow limited wraparound benefits, or supplements, to individual health insurance coverage (or Basic Health Plan coverage). Wraparound coverage is a specialized offering targeted to help part-time workers and retirees whose employers or former employers meet standards of responsibility and have agreed to provide this supplemental coverage as an option. The agreement directs the Department to submit a report within 90 days of enactment of this Act on the status of the program. Transparency.--The agreement encourages the Center for Medicare and Medicaid Innovation to engage with stakeholders and Congress during the project development process and requests an update on such efforts in the fiscal year 2021 Congressional Justification. Lymphatic System Failure.--The agreement encourages the Secretary to promulgate rules for covering prescribed compression garments as acknowledged by CMS's 2001 decision memorandum in the treatment of lymphatic system failure. Medical Claims Databases.--The agreement urges CMS, in consultation with the Secretaries of Labor and Treasury, to, once enacted, move swiftly to implement legislation creating a secure Federal database and support States in collecting data and claims that will enable analysis of the utilization and prices of healthcare items and services. Medicare Coverage of Innovative Drugs and Products.--The agreement encourages CMS to explore different ways to reimburse for innovative drugs approved by FDA in a manner that protects beneficiary access and encourages continued innovation while preserving the Medicare trust funds. Medicare Coverage of In-Home Intravenous Immunoglobulin.-- The agreement is aware of a demonstration evaluating bundled payment covering items and services needed to administer intravenous immunoglobulin (IVIG) into beneficiaries with primary immunodeficiency diseases. The agreement is also aware of ongoing rulemaking pertaining to the permanent Medicare home infusion services payment for therapies like IVIG. As CMS continues with rulemaking for the permanent home infusion therapy benefit, the agreement encourages CMS to articulate this position in future rulemaking. Medicare Diabetes Prevention Program.--The agreement encourages CMS to minimize the regulatory barriers impeding potential or existing suppliers from delivering the Diabetes Prevention Program (DPP) to Medicare beneficiaries, and to allow the full range of CDC-recognized DPP providers to participate as Medicare DPP suppliers. Medicare Area Wage Index.--The agreement directs CMS to provide a report to the Committees on its methodology for calculating the labor-related share (LRS) percentage used in the proposed rule entitled ``The Inpatient Prospective Payment System and the Long-Term Care Hospital Prospective Payment System for fiscal year 2020''. The report shall fully describe all methodologies, allocations, and assumptions; and provide a schedule(s) of the calculation used to derive the LRS percent. Nonemergency Medical Transportation (NEMT).--The agreement directs HHS to take no regulatory action on availability of NEMT service until the study described under the ``Medicaid and CHIP Payment and Access Commission'' header of this joint explanatory statement is complete. Oral Health.--The agreement is concerned that CMS has implemented policies that prevent consumers from purchasing stand-alone dental benefits and encourages CMS to permit the purchase of stand-alone dental plans separate from the purchase of qualified health plans beginning with the 2020 plan year. The agreement encourages CMS to report annually on State-level oral health and dental benefits available to adult populations, including pregnant women. Program Integrity.--The agreement notes the Committees have yet to receive the briefing on program integrity requested in Senate Report 115-289. The agreement requests the briefing from CMS's Center for Program Integrity within 60 days of enactment of this Act. Recovery Audit Program.--The agreement directs CMS to conduct an internal review of their Recovery Audit program in an effort to identify inefficiencies in the current system. CMS shall include their findings in the annual report to Congress. Reimbursement Coding for Reducing Opioid Consumption.--The agreement urges CMS to collaborate with the FDA and consider approved devices and therapies for unique post-surgery patient populations for effective pain management. In addition, CMS should take steps to improve tracking of patient pain scores and opioid consumption using alternative means for effective pain management. Revisions to Office Visit Services.--The agreement notes that the CMS final 2019 Medicare Physician Fee Schedule rule outlines significant changes to how evaluation and management services will be documented and paid for beginning in 2021. The agreement encourages CMS to ensure that payment changes do not further exacerbate workforce shortages. Risk Corridor Program.--CMS is directed to provide a yearly report to the Committees detailing any changes to the receipt and transfer of payments. Robotic Stereotactic Radiosurgery.--The agreement encourages CMS not to make payment changes to robotic stereotactic radiosurgery (SRS) and robotic stereotactic body radiation therapy (SBRT) in the freestanding or hospital outpatient setting as CMS complies with the Patient Access and Medicare Protection Act and the Bipartisan Budget Act of 2018. The agreement encourages CMS to maintain stable payment for robotic SRS and robotic SBRT performed in Core-Based Statistical Areas that are not randomly selected to participate in the alternative payment model. Rural Healthcare Facilities.--The agreement encourages CMS to continue working with States and State hospital associations on alternative payment models for rural medical centers that support future financial stability and announce potential models in 2020 with participants who demonstrate clear community support for engaging these new programmatic flexibilities. Telehealth.--To address inconsistency with billing and coding across Medicaid, the agreement encourages CMS to issue guidance outlining a recommended, but voluntary, set of billing codes, modifiers and/or place of service designations for use in State Medicaid programs. Therapeutic Foster Care.--The agreement requests an update in the fiscal year 2021 Congressional Justification on the study requested in House Report 114-699. Underperforming Healthcare Facilities.--Within six months of enactment of this Act, the agreement directs CMS to provide the Committees a report on the resources the agency requires to ensure all nominees for the program become full participants, subject to the special focus facility (SFF) program's enhanced surveying and progressive enforcement standards. The agreement further directs CMS to disclose the names of nursing homes that are eligible for the SFF program, but are not officially part of SFF, on the Nursing Home Compare website. Workforce Capacity for Infectious Diseases and the Opioid Epidemic.--The agreement continues to encourage CMS to collaborate with SAMHSA, CDC, and HRSA to support education and training for medical providers on the frontlines of the opioid epidemic to help expand access to comprehensive, coordinated care for opioid addiction and related infectious diseases. Administration for Children and Families (ACF) LOW INCOME HOME ENERGY ASSISTANCE The agreement includes a new provision limiting annual decreases in State allocations, preventing States from receiving less than 97 percent of what they received the prior fiscal year. Within 120 days of enactment of this Act, the agreement directs ACF to submit to the Committees and make publicly available a report evaluating the program's formula and allocations of funding among States, including an assessment of available data, how the formula currently addresses annual fluctuations in formula factors, and the percentage of eligible households served, average assistance amount, and percentage of home energy costs covered by that amount by State. REFUGEE AND ENTRANT ASSISTANCE The agreement notes that appropriate consultation with Congress is required by statute in advance of the Administration's determination on the number of refugees to be admitted during the coming fiscal year. In times of reductions in refugee arrivals, the agreement encourages HHS, to the extent practicable, to ensure that resettlement agencies can maintain their infrastructure and capacity at a level to continue to serve all refugees and to ensure future arrivals are adequately served. The agreement strongly encourages the Office of Refugee Resettlement (ORR) to continue to meet, on no less than a bi-monthly basis, with outside organizations with expertise in ORR programs to provide updates and hear the perspective of these stakeholders. Transitional and Medical Services.--The agreement strongly encourages ORR to increase the percentage of eligible arrivals served by the matching grant program and to provide flexibility to carry over unexpended funding and slots when justified, including by providing exemptions to the 31 day enrollment period. Refugee Support Services.--Within 30 days of enactment of this Act, the agreement directs the Department to provide a list of competitive grants and set-asides within Refugee Support Services and to include their corresponding funding levels in fiscal years 2016 through 2020. Victims of Trafficking.--The agreement includes $19,500,000 for services for foreign national victims and $8,255,000 for services for U.S. citizens and legal permanent residents. The agreement includes no less than $3,500,000 for the National Human Trafficking Hotline and urges extension of the cooperative agreement from 3 to 5 years to align with other Federally-funded hotlines. Unaccompanied Alien Children (UAC) Children Separated from a Parent or Legal Guardian.--The agreement includes a public reporting requirement with respect to children who have been separated from a parent or legal guardian. In addition, the agreement notes HHS has not yet complied with the reporting requirements included in Senate Report 115-289 regarding the demographics of separated children and expects the Department to begin providing this information. Facility Oversight.--ORR is expected to maintain strict oversight of all ORR-funded care provider facilities and to report and correct violations of Federal, State, or local [[Page H11078]] codes related to standards of childcare or the wellbeing of children. Within 60 days of enactment of this Act, ORR is directed to submit to the Committees a report detailing the number and nature of violations by facility, and steps taken to address such infractions. Indigenous Languages.--ORR is encouraged, to the extent possible, to provide culturally competent, in person education and translation services to children in custody. Length of Care.--The agreement directs ORR to provide a briefing to the Committees within 120 days of enactment of this Act on options and plans for children who have been in ORR custody for extended periods of time. In addition, ORR is directed to continue to prioritize case management services and staffing, including Federal Field Specialists, lowering the ratio of children per case coordinator. The agreement includes language continuing current law regarding the operational directives issued to modify sponsor suitability requirements, which significantly reduced the length of time children spend in care. The agreement expects HHS to continue to work on efforts to reduce time in care and to consider additional policy changes that can be made to release children to suitable sponsors as safely and expeditiously as possible. The agreement does not provide further direction on this issue. Mental Health Services.--The agreement encourages ORR to continue collaborating with the National Child Traumatic Stress Network and notes that no less than $4,000,000 is included in this agreement through SAMHSA for such efforts. ACF is directed to keep the Committees informed of additional resources necessary to support children and families who may need access to these services. In addition, the agreement directs ORR to provide a briefing to the Committees within 120 days of enactment of this Act on HHS' and grantees' coordination of health and mental health services, including training requirements for staff providing those services and any challenges to providing adequate care for children. New Models of Care Delivery.--ORR is urged to include in the fiscal year 2021 Congressional Justification information about any plans being considered for new models of care delivery, along with a justification for how new models could best meet the needs of children in ORR care. When exploring the feasibility of such models, ORR is expected to prioritize community engagement, the use of pilot projects with short- term duration to demonstrate proof of concept before making significant or long-term investments, and a collaborative and transparent communications strategy with external stakeholders and Congress. Office of Inspector General Report Recommendations.--The agreement requests an update in the fiscal year 2021 Congressional Justification on the status of ORR's implementation of recommendations made in recent inspector general reports. Records Requests.--The agreement expects ORR to maintain records and respond to records requests consistent with the requirements of section 552 of title 5, U.S. Code, for information related to all children in care, regardless of whether such children are housed in Federal facilities or, to the extent possible, non-Federal facilities managed by contractors or other private entities. Services for Children.--The agreement includes an increase in funding for legal services, child advocates, and post- release services to support the expansion of State-licensed shelters, and to allow for the resumption and expansion of services to children released from ORR care. Using funds provided in this agreement, combined with funding from the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019 (P.L. 116-26), ORR is directed to continue to expand such services beyond currently estimated levels, including for children released in high-release communities. The agreement strongly encourages ORR to notify legal service providers at the time new grant awards are made and prior to opening a shelter, and to provide monthly estimates of funded capacity by shelter. Additionally, the agreement strongly encourages ORR to ensure that all UAC shelters provide space for legal service providers to meet with children. Within amounts provided for post-release services in this agreement and combined with funds from P.L 116-26, ORR is directed to expand post-release services capacity to eliminate the waitlist of children qualifying for Trafficking Victims Protection Reauthorization Act-mandated services, and to expand services to children that case managers identify would benefit from such services. Sibling Placement.--The agreement directs ORR to place siblings in the same facility, or with the same sponsor, to the extent practicable, and so long as it is appropriate and in the best interest of the child. Spend Plan.--The agreement directs ORR to incorporate all funding provided in this Act into a comprehensive spend plan that must be submitted to the Committees every 60 days in accordance with section 410 of the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019 (P.L. 116-26). Sponsorship Suitability Determination Process.--The Department is directed to ensure all grantees are provided clear guidance to communicate with potential sponsors regarding current law regarding the use of personal information collected as part of the sponsor suitability determination process. The agreement expects consistent monitoring to ensure program policies are applied appropriately by all grantees in an effort to place children with sponsors as safely and expeditiously as practicable. State Licensed Shelters.--The agreement directs ORR to prioritize licensed, community-based residential care placements (including long-term and transitional foster care and small group homes) over large-scale institutions and to notify the Committees prior to all new funding opportunity announcements, grant or contract awards, or plans to lease or acquire property. Such notification should include associated timelines and costs. Temporary Influx Shelters.--The agreement includes language continuing current law conditions on the use of temporary influx shelters, strengthens oversight and monitoring of facilities, and requires Congressional notifications and reporting requirements if a shelter is operationalized. The agreement requests HHS submit a report to the Committees within 90 days of enactment of this Act detailing the barriers to State-licensing, including any State child welfare laws and regulations, that could not be met for any influx facility operational in fiscal year 2019. If an influx shelter is opened in fiscal year 2020, ORR shall submit a report to the Committees with the same information within 90 days. In addition, the agreement notes that the spend plan required every 60 days must include a detailed cost breakdown of any facility, regardless of its operational status. Tender Age Children.--The agreement directs ORR to include in the fiscal year 2021 Congressional Justification information on efforts to ensure developmentally appropriate care for tender age children, including placement options, services and staff training, as well as an assessment of circumstances under which very young children are referred to ORR. CHILDREN AND FAMILIES SERVICES PROGRAMS Early Head Start Expansion (EHS) and EHS-Child Care Partnerships.--The agreement modifies bill language to simplify the administration of EHS Expansion and EHS-Child Care Partnerships (EHS-CCP) grants, but does not otherwise change the use of funds provided for such purposes. The agreement continues to strongly support EHS Expansion and EHS-CCPs, and accordingly, the agreement includes at least $905,000,000 for such purposes, an increase of $100,000,000. Since fiscal year 2014, these funds have supported both the expansion of traditional EHS and the establishment of partnerships between EHS providers and local child care programs. The agreement directs ACF to continue to prioritize equally EHS Expansion and EHS-CCP, as determined by the needs of local communities. The agreement expects that any funds used for EHS Expansion and EHS-Child Care-Partnership grants that are re-competed would continue to be used for such purposes. Finally, the agreement directs ACF to include in the fiscal year 2021 Congressional Justification and each Congressional Justification thereafter, the actual and estimated number of funded slots for each of the following: Head Start, EHS, and EHS-Child Care Partnerships. Quality Improvement Funding for Trauma-Informed Care.--The agreement provides $250,000,000 in quality improvement funding, including a prioritization on addressing the rise of adverse childhood experiences attributable to increased prevalence of substance use, economic hardship, home and community violence, and other traumatic experiences that can negatively impact child development and lead to disruptions in classroom environments. The agreement directs the Administration to allow flexibility to meet local needs while focusing these funds on staff training for trauma-informed care and identification of signs of addiction and hardship; mental health consultation services to provide expert care and counseling to families and the Head Start workforce; and additional staffing to Head Start classes in high-risk substance use communities to maintain high-quality learning environments while providing individualized care to children expressing disruptive and challenging behaviors. Designation Renewal System.--ACF is encouraged to continue to consider the unique challenges faced by Head Start grantees in remote and frontier areas when reviewing such grantees' compliance with health and dental screening requirements as part of the designation renewal system. Preschool Development Grants.--The agreement includes an increase of $25,000,000 for Preschool Development Grants and expects these additional funds to be managed in conjunction with funds appropriated in fiscal year 2019 that will be awarded in December 2019. Runaway and Homeless Youth.--The agreement includes $132,421,000 for Runaway and Homeless Youth programs. Within 120 days of enactment of this Act, ACF is directed to brief the Committees on the feasibility of coordinating with the Department of Housing and Urban Development's ongoing study on the incidence, prevalence, needs, and characteristics of youth homelessness and housing instability, including geographic differences and vulnerable populations that have not yet been studied. Child Abuse Prevention and Treatment Act Infant Plans of Safe Care.--The agreement continues $60,000,000 to help States develop and implement plans of safe care as required by section 106(b)(2)(B)(iii) of the Child Abuse [[Page H11079]] Prevention and Treatment Act. The agreement directs ACF to enhance its coordination with States, especially those with high or increasing rates of neonatal abstinence syndrome, and to brief the Committees on such effort within 90 days of enactment of this Act. Child Abuse Discretionary Activities.--The agreement includes $1,000,000 for an additional year of grant funding for text- and online chat-based intervention and education services through the Child Abuse Hotline. Child Welfare Research, Training and Demonstration.--The agreement continues the National Survey of Child and Adolescent Well-Being (NSCAW) and encourages ACF to expand data collection as part of the current NSCAW cohort to include information necessary to evaluate the impact of opioid and substance use on children. Adoption Opportunities.--The agreement includes an additional $1,000,000 to continue the National Adoption Competency Mental Health Training Initiative, and directs ACF to provide ongoing resources to a national organization with the capacity and expertise to continuously evaluate and update the training curriculums, that will provide all States, Tribes and territories the necessary technical assistance to ensure that the curriculums are appropriately used by State child welfare and mental health professionals. Native American Programs.--The agreement includes $12,500,000 for Native American language preservation activities, and not less than $4,500,000 for language immersion programs authorized by section 803C(b)(7)(A)-(C) of the Native American Programs Act, as amended by the Esther Martinez Native American Language Preservation Act of 2006. Additionally, ACF is encouraged to convene a working group of Federal early childhood program administrators, tribal early childhood stakeholders, and tribal leaders to examine coordination issues that may be impacting early childhood initiatives in tribal communities. Community Services Block Grant.--The agreement notes that community action agencies are well positioned to help address substance use disorders and provide essential support and services for individuals and families who experience poverty. National Domestic Violence Hotline.--The agreement includes continued support for the StrongHearts Native Helpline. Program Administration.--The agreement expects ACF to work with the Committees to develop a quarterly status of balances report at the level of detail displayed in the table at the end of this statement. PROMOTING SAFE AND STABLE FAMILIES Kinship Navigator Programs.--The agreement includes $20,000,000 for Kinship Navigator Programs to help build the evidence base in order for programs to become eligible for mandatory funding available under the Family First Prevention and Services Act (FFPSA). Prevention Services Clearinghouse.--The agreement includes $2,750,000 for the clearinghouse to increase the capacity to review research and evaluations of programs intended to provide enhanced support to children and families and prevent foster care placements. This in turn will increase the number of such programs that may be eligible for funding under title IV-E of the Social Security Act. Regional Partnership Grants.--The agreement includes $10,000,000 for Regional Partnership Grants (RPGs) and strongly encourages ACF to prioritize applicants that will focus on preparing programs to qualify as evidence-based foster care prevention services under FFPSA, including family-focused, residential treatment programs and programs that mitigate the traumatic impact of parental incarceration. Administration for Community Living (ACL) AGING AND DISABILITY SERVICES PROGRAMS Protection of Vulnerable Older Americans.--The agreement includes a $1,000,000 increase for expansion of the ombudsman program to assisted living facilities. National Family Caregiver Strategy.--The agreement includes $100,000 for the Family Caregiving Advisory Council. Aging Network Support Activities.--Within the total, the agreement provides not less than $5,000,000 for the Holocaust Survivor's Assistance program. Alzheimer's Disease Program.--The agreement includes up to $2,000,000 for the National Alzheimer's Call Center and a $3,000,000 increase for expanding direct services, including respite care, for paid and unpaid caregivers. Elder Rights Support Activities.--Within the total, the agreement provides $12,000,000 for the Elder Justice and Adult Protective Services program. Paralysis Resource Center.--The agreement includes $9,700,000 for the Paralysis Resource Center (PRC) and directs ACL to continue support for the National PRC at not less than $8,700,000. Developmental Disabilities State Councils.--ACL is instructed to provide not less than $700,000 for technical assistance and training for the State Councils on Developmental Disabilities. Developmental Disabilities Protection and Advocacy.--Within 90 days of enactment of this Act, ACL is directed to provide a report to the Committees, for which the agreement provides sufficient funding, on the extent to which protection and advocacy grantees currently provide legal, administrative, and other human rights services to help individuals with disabilities understand and navigate their respective State's Medicaid system, including rural and urban States with Medicaid managed care arrangements. Intermediate Care Facilities.--The Department is encouraged to factor the needs and desires of patients, their families, caregivers, legal representatives, and other stakeholders, as well as the need to provide proper settings for care, into its enforcement of the Developmental Disabilities Act. University Centers for Excellence in Developmental Disabilities.--The agreement includes $1,000,000 to establish a pilot program to support partnerships between existing University Centers for Excellence in Developmental Disabilities and highly-qualified, non-profit service providers to develop models that offer individuals with Intellectual and Developmental Disabilities and their families with community-based adult transition and daytime services to support independent living. National Institute on Disability, Independent Living, and Rehabilitation Research.--The agreement provides $2,000,000 to continue projects as established by Senate Report 115-289. Funding is provided to encourage investment in research by universities and other eligible entities that seek to develop technologies that allow for independent living, address the disabled aging populations, and target rural, frontier, and tribal communities. Assistive Technology.--The agreement includes a $1,000,000 increase for formula grant funding through section 4 of the Assistive Technology Act. Office of the Secretary GENERAL DEPARTMENTAL MANAGEMENT Antibiotic Development.--The agreement encourages HHS to be closely involved with the update of the National Action Plan for Combating Antibiotic Resistant Bacteria. HHS shall include in the fiscal year 2021 Congressional Justification a detailed update on progress implementing such plan. Emergency Room Utilization.--HHS is encouraged to submit a report that analyzes emergency room utilization at the State and national levels to be provided to the Committees no later than one year after enactment of this Act. The report should focus on non-emergency services while in the emergency room setting. Evidence-based Grants and Policy.--The agreement requests an update in the fiscal year 2021 Congressional Justification on implementation of the Foundations for Evidence-based Policymaking Act and implementation plans for the coming year. Guidelines for Hair Testing.--The agreement directs the Secretary to report to the Committees no later than 30 days after enactment of this Act on progress establishing these guidelines. Health Disparities.--Within 180 days of enactment of this Act, HHS shall submit to the Committees an update of the Action Plan to Reduce Racial and Ethnic Health Disparities. The update should include barriers to full implementation and proposed remedies. The report should include the extent that HHS programs collect, report, and analyze health disparities data based on race, ethnicity, disability, and other characteristics for the population HHS programs serve. The updated report shall include specific efforts to improve birth outcomes for African-American women and children, including how to address implicit bias in healthcare delivery and the health impacts of trauma associated with racism. HIV Initiative.--The agreement fully funds the HIV Initiative and directs HHS to provide a spend plan to the Committees no later than 60 days after enactment of this Act, to include resource allocation by State. The agreement further directs HHS to submit an initial evaluation of the program to the Committees no later than one year after enactment of this Act. Hospital Acquired Conditions.--The agreement supports an evaluation of the efforts to reduce Hospital Acquired Conditions, outlined in House report 116-62, and directs the Secretary to include the results of the evaluation in the fiscal year 2021 Congressional Justification. KidneyX.--The agreement includes $5,000,000 for KidneyX and directs the Secretary to submit a multi-year plan to the Committees, outlining possible prize competitions in future years, no later than 180 days after enactment of this Act. Lung Cancer in Women.--The agreement encourages the Secretary, in consultation with DoD and VA, to conduct an interagency study to evaluate the status of research on women and lung cancer and make recommendations for additional research on the disparate impact of lung cancer in women who have never smoked. The study should make recommendations regarding increased access to lung cancer preventive services and strategic public awareness and education campaigns related to lung cancer. Maternal Mental Health.--The agreement directs the Secretary to submit the report requested under this heading in House Report 116-62 to the Committees no later than 180 days after enactment of this Act. National Alzheimer's Disease Plan.--The agreement encourages the Secretary to prioritize the Advisory Council work to make recommendations to Congress and to assist in coordinating the work of Federal agencies involved in Alzheimer's research, care, and services. National Vaccine Program Office.--The agreement urges the Secretary to ensure [[Page H11080]] that National Vaccine Program Office activities continue without interruption within the Office of the Assistant Secretary for Health. Nonrecurring Expenses Fund.--The agreement directs HHS to continue implementing previously notified projects and prioritize obligations for the following projects: Indian Health Services facilities, Cybersecurity, Food and Drug Administration laboratory renovations, and the CDC National Institute for Occupational Safety and Health facility. Obligation Reports.--The agreement directs the Secretary to submit electronically to the Committees an Excel table detailing the obligations made in the most recent quarter for each office and activity funded under this appropriation no later than 30 days after the end of each quarter. Pediatric Kidney Disease.--The agreement encourages HHS to conduct a study of pediatric dialysis costs to ensure that the data being collected by CMS is accurate and report findings in the fiscal year 2021 Congressional Justification. Prescription Drug Disposal.--The agreement supports expanded public access to in-home methods to deactivate and dispose of prescription drugs that render the controlled substance either unavailable or unusable for all practical purposes. Regulation Reform.--The agreement directs the Secretary to include in the fiscal year 2021 Congressional Justification any plan to repeal guidance documents or any plans to repeal or revise regulations that the Department believes are duplicative. Research on Poverty.--The agreement includes sufficient funding to continue the existing Poverty Research Center cooperative agreement and includes an increase of $1,000,000 above the fiscal year 2019 enacted level for the fourth year of this five-year cooperative agreement to initiate new research projects, data analysis, and evaluation plans. Safety in Health Care Facilities.--The agreement remains concerned about safety in health care facilities and looks forward to continued conversations on this matter. Office of Minority Health (OMH) Hispanic Serving Institutions.--The agreement urges OMH to enter into cooperative agreements with Hispanic Serving Institution medical schools in addition to existing agreements with Historically Black Colleges and Universities medical schools. OMH shall submit a report on these efforts to the Committees within 180 days of enactment of this Act. Lupus Initiative.--The agreement provides an additional $250,000 for this initiative. The agreement encourages OMH to continue to develop public-private partnerships, validate existing action plans, and engage the lupus community in order to facilitate the use and development of action plans to increase participation in clinical trials for all minority populations at highest risk of lupus. Office on Women's Health (OWH) The agreement includes $4,100,000 to combat violence against women through the State partnership initiative, an increase of $1,000,000 above the fiscal year 2019 enacted level. This program provides funding to State-level public and private health programs to partner with domestic and sexual violence organizations to improve healthcare providers' ability to help victims of violence and improve prevention programs. The agreement directs OWH to account for geographical diversification in decisions on additional awards. Menstrual Hygiene Products.--The agreement directs OWH to commission the study described in House report 116-62 in time to be submitted to Congress no later than 180 days after enactment of this Act. MEDICARE HEARINGS AND APPEALS Appeals Backlog.--The agreement revises existing bill language to provide flexibility for the Department to address current backlogs of appeals hearings, as well as retain and recruit Administrative Law Judges at both agencies. OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY (ONC) Patient Matching.--The general provision limiting funds for actions related to promulgation or adoption of a standard providing for the assignment of a unique health identifier does not prohibit efforts to address the growing problems faced by health systems with patient matching. The agreement encourages HHS to continue to provide technical assistance to private-sector-led initiatives to develop a coordinated national strategy that will promote patient safety by accurately identifying patients to their health information. Additionally, the agreement directs ONC, in coordination with other appropriate Federal agencies, to provide a report to the Committees one year after enactment of this Act studying the current technological and operational methods that improve identification of patients. The report shall evaluate the effectiveness of current methods and recommend actions that increase the likelihood of an accurate match of patients to their health care data. Such recommendations may or may not include a standard for a unique patient health identifier. The report shall include the risks and benefits to privacy and security of patient information. PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND The agreement includes a program level of $2,737,458,000 for the Public Health and Social Services Emergency Fund. This funding will support a comprehensive program to prepare for and respond to the health and medical consequences of all public health emergencies, including bioterrorism, and support the cybersecurity efforts of HHS. Infectious Diseases.--The agreement encourages the Assistant Secretary for Preparedness and Response (ASPR) to delineate information on emerging infectious diseases, pandemic influenza, and antimicrobial resistance investments in its annual five-year budget plan for medical countermeasure development to clarify how ASPR is considering such naturally occurring threats in relation to other priority areas. Medical Innovation for Disaster Response.--The agreement supports the consideration of a Federally-funded research and development center, led by an academic medical center, to improve medical response, training, and innovation, specifically utilizing health information technology, unmanned aerial systems, countermeasure delivery, and remote patient assessment and triage. ASPR shall evaluate the potential for this mechanism and report findings to the Committees within 180 days of enactment of this Act. Small Molecule Anti-toxin Drugs.--The agreement urges the Department to continue the development, clinical testing, and stockpiling of small molecule anti-toxin drugs. Hospital Preparedness Program High Consequence, Emerging, Infectious Disease Threats.-- The agreement provides $11,000,000 to continue the National Ebola Training and Education Center and the ten regional Ebola and other special pathogen treatment centers. Notification Requirements.--The agreement directs ASPR to notify the Committees 30 days in advance of any announcement of a modification to the hospital preparedness program (HPP) formula or funding for new activities or pilot programs. The agreement notes that funding for HPP is provided for HPP cooperative agreements and administrative activities that directly support the mission of the program. Regional Disaster Health Response System Demonstration Pilots.--The agreement continues funding for current pilots. Before program expansion, and no later than 90 days after enactment of this Act, the agreement directs HHS to provide an evaluation of the pilot program and a plan for the Regional Disaster Health Response System that does not duplicate current services. Strategic National Stockpile Public Health Emergency Medical Countermeasures Enterprise (PHEMCE).--The agreement expects the next annual PHEMCE multiyear budget to include the full costs of requirements, including baseline costs, new/anticipated requirements, and replenishment costs associated to PHEMCE programs. Strategic National Stockpile.--The agreement includes an increase and expects that decisions continue to be approved by PHEMCE which provides an opportunity for CDC and other Federal partners to maintain a strong and central role in the medical countermeasures enterprise. The agreement directs ASPR to submit the report requested in Senate Report 115-289 regarding maintaining coordination and support for State and local public health departments within 60 days of enactment of this Act. Further, ASPR is encouraged to work toward novel stockpiling concepts, to reduce the overhead required to maintain the pandemic stockpile, and ensure that a safe, reliable supply of pandemic countermeasures is available. General Provisions Prevention and Public Health Fund.--The agreement includes the following allocation of amounts from the Prevention and Public Health Fund. ------------------------------------------------------------------------ FY 2020 Agency Budget Activity Agreement ------------------------------------------------------------------------ ACL............................... Alzheimer's Disease $14,700,000 Program. ACL............................... Chronic Disease Self- 8,000,000 Management. ACL............................... Falls Prevention.... 5,000,000 CDC............................... Breast Feeding 9,000,000 Grants (Hospitals Promoting Breastfeeding). CDC............................... Diabetes............ 52,275,000 CDC............................... Epidemiology and 40,000,000 Laboratory Capacity Grants. CDC............................... Healthcare 12,000,000 Associated Infections. CDC............................... Heart Disease & 57,075,000 Stroke Prevention Program. CDC............................... Million Hearts 4,000,000 Program. CDC............................... Office of Smoking 128,600,000 and Health. CDC............................... Preventative Health 160,000,000 and Health Services Block Grants. CDC............................... Section 317 370,300,000 Immunization Grants. CDC............................... Lead Poisoning 17,000,000 Prevention. CDC............................... Early Care 4,000,000 Collaboratives. SAMHSA............................ Garrett Lee Smith- 12,000,000 Youth Suicide Prevention. ------------------------------------------------------------------------ The agreement modifies a provision related to salary caps. The agreement modifies a provision related to contracts under section 338B of the Public Health Service Act. The agreement modifies a provision related to a report on staffing. The agreement modifies a provision relating to donations for unaccompanied alien children. The agreement includes a provision limiting the use of funds for changes to policy directives related to the unaccompanied alien children program. The agreement includes a provision limiting the use of funds for unlicensed shelters for unaccompanied alien children. The agreement includes a provision requiring Congressional notification prior to the [[Page H11081]] use of influx facilities as shelters for unaccompanied alien children. The agreement modifies a provision relating to Members of Congress and oversight of facilities responsible for the care of unaccompanied alien children. The agreement includes a provision requiring monthly reporting of unaccompanied alien children. The agreement includes a new provision related to primary and secondary school costs for eligible dependents of CDC personnel stationed in a U.S. territory. The agreement includes a new provision for facilities and infrastructure improvements for the National Institutes of Health. The agreement includes a new provision for facilities and infrastructure improvements for the Centers for Disease Control and Prevention. The agreement includes a provision for Infectious Disease Rapid Response Reserve Fund within CDC. The agreement includes a provision rescinding unobligated balances. TITLE III DEPARTMENT OF EDUCATION School Improvement Programs Homeless Children and Youth.--The Department implemented a reorganization of offices which in part altered the administration of the McKinney-Vento program, recently strengthened in the reauthorization of the Elementary and Secondary Education Act (ESEA). The Department shall brief the Committees no later than 60 days after enactment of this Act on the resources currently being devoted to monitoring compliance with ESEA accountability and State and local report card provisions related to homeless children and youth and supporting State educational agencies (SEA) and local educational agencies (LEA) in achieving and maintaining compliance with such provisions; the internal support within other program offices in the Department being provided to assist with administration of the Education for Homeless Children and Youth (EHCY) program; and the resources available for monitoring compliance with EHCY program requirements at the SEA and LEA level. Education for Native Hawaiians.--The agreement includes sufficient funding for the Native Hawaiian Education Council. Alaska Native Education Equity.--The Department is directed to make every effort to ensure that grants are awarded well in advance of the school year, to maximize grantees' ability to hire the necessary staff and have their programs in place by the start of Alaska's school year in mid-August. The Department is directed to ensure that Alaska Native Tribes, Alaska Native regional non-profits, and Alaska Native corporations have the maximum opportunity to compete successfully for grants under this program by providing these entities multiple opportunities for technical assistance in developing successful applications for these funds, both in Alaska and through various forms of telecommunications. Finally, the Department is encouraged to include as many peer reviewers as possible who have experience with Alaska Native education and Alaska generally on each peer review panel. Student Support and Academic Enrichment (SSAE) Grants.--The Department should examine State and local expenditures, outlined by specific authorized activities, and provide information about the most common uses of funds, as well as information about how LEAs plan to evaluate the effectiveness of their activities. The Department also should study how SEAs are collecting data from LEAs, including how States are verifying that funds are being used in an authorized manner and, as applicable, in accordance with required comprehensive needs assessments, and that LEAs are meeting the objectives and outcomes described in their applications. The Department should publish reports on these studies publicly and is encouraged to conduct such studies periodically as appropriate. Finally, the agreement does not provide direction regarding guidance on allowable uses of funds. SSAE Technical Assistance and Capacity Building.--The agreement expects funds reserved for technical assistance and capacity building to be used strictly to support SEAs and LEAs in carrying out authorized activities under this program. In the fiscal year 2021 Congressional Justification, the Department shall provide current and planned expenditures, and include a plan for how resources will be spent to build the capacity of SEAs and LEAs and provide technical assistance. The plan should include how resources will be spent helping SEAs and LEAs vet evidence, implement evidence-based interventions, and incorporate evidence-based SSAE activities into school improvement strategies. Indian Education National Activities.--Within the total, the agreement includes no less than $2,811,000 for Native American language immersion programs authorized under section 6133 of ESEA. These funds should be allocated to all types of eligible entities, including both new and existing language immersion programs and schools, to support the most extensive possible geographical distribution and language diversity. Further, the Department is directed to give the same consideration to applicants that propose to provide partial immersion schools and programs as to full immersion, as the local Tribes, schools, and other applicants know best what type of program will most effectively assist their youth to succeed. Special Programs for Indian Children.--The President's budget request includes up to $10,000,000 to expand the ability of families to choose high-quality educational opportunities to meet the needs of Native youth. The Department shall only pursue this initiative if supported by Tribes after Tribal consultation. Accordingly, the Department is directed to include information on the planned use of funds under the Special Programs for Indian Children program in the operating plan required under section 516 of this Act, and to brief the Committees not less than 30 days prior to posting any notice inviting applications under this program. Innovation and Improvement Education Innovation and Research (EIR).--Within the total for EIR, the agreement includes $65,000,000 to provide grants for social and emotional learning (SEL). Within 90 days of enactment of this Act, the Department is directed to brief the Committees on plans for carrying out the SEL competition. In addition, the Department shall provide notice to the Committees at least seven days before grantees are announced. In addition, within the total for EIR, the agreement includes $65,000,000 for Science, Technology, Education, and Math (STEM) and computer science education activities. This could also include grants to SEAs, including in partnership with non-profit organizations, for State-led efforts to implement, replicate, or expand Statewide professional development programs. Within the STEM and computer science set-aside, awards should expand opportunities for underrepresented students such as minorities, girls, and youth from families living at or below the poverty line to help reduce the enrollment and achievement gap. The agreement supports the Department's prioritization of computer science education in fiscal year 2019 EIR grant competitions and the Department should continue this in fiscal year 2020. Grant Priorities.--There is significant demand from the field to test many types of strategies and to examine promising techniques that can be scaled-up in different settings. EIR should continue to support diverse and field- initiated interventions. The Department is directed to brief the Committees on the fiscal year 2020 funding opportunities available under this program, including any specified priorities, not less than 30 days prior to releasing a notice inviting applications. Rural Set-Aside.--The Department is encouraged to take steps necessary to ensure the set-aside is met and that EIR funds are awarded to diverse geographic areas. Charter Schools Program.--The agreement includes $140,000,000 for replicating and expanding high-quality charter school models; $225,000,000 for grants to State entities to support high-quality charter schools; and $60,000,000 for facilities financing assistance, of which not less than $50,000,000 shall be for the Credit Enhancement program. In addition, the agreement continues support for developer grants to establish or expand charter schools in underserved, high-poverty, rural areas, as referenced in the joint explanatory statement accompanying P.L. 115-245. Arts in Education.--The agreement provides funding for each activity within this program at no less than the fiscal year 2019 level. Ready to Learn.--In addition to language in House Report 116-62, the Department should refrain from making changes to the Ready to Learn program that would impede or impair production and nationwide distribution of television content, digital content, and supplemental materials through local public telecommunications entities. Supporting Effective Educator Development (SEED).--Within SEED, the Department is directed to support professional development that helps educators incorporate SEL practices into teaching, and to support pathways into teaching that provide a strong foundation in child development and learning, including skills for implementing SEL strategies in the classroom. Within 90 days of enactment of this Act, the Department is directed to brief the Committees on plans for supporting SEL within SEED. In addition, the Department shall provide notice to the Committees at least seven days before grantees are announced. In addition, the SEED program is an ideal vehicle for helping ensure that more highly trained school leaders are available to serve in traditionally underserved LEAs. Therefore, the Secretary shall use a portion of funds made available for SEED to support the preparation of principals and other school leaders. Finally, students in rural public schools and public schools serving high percentages of Native students have particularly inequitable access to accomplished teachers. The Department should strongly consider establishing a priority for SEED projects addressing this issue and to increase the number of teachers in such schools who have earned a nationally recognized advanced credential. Safe Schools and Citizenship Education Promise Neighborhoods.--The agreement includes $6,000,000 for additional extension awards for grantees that received extension grants in fiscal year 2018 and have demonstrated positive and promising results. This funding is intended to support the final phase-out of Federal support. School Safety National Activities.--For fiscal year 2020, $10,000,000 is provided for awards to SEAs, LEAs, or consortia of LEAs to increase the number of qualified, well- trained [[Page H11082]] counselors, social workers, psychologists, or other mental health professionals that provide school-based mental health services to students. To promote the sustainability of these services, the Secretary shall require that awards include a 25 percent match from grantees and require that the awards do not supplant existing mental health funding. Within 90 days of enactment of this Act, the Department is directed to brief the Committees on plans for carrying out the competition. In addition, the Department shall provide notice to the Committees at least seven days before grantees are announced. The Department is also directed to continue a demonstration project initiated in fiscal year 2019 to test and evaluate innovative partnerships to train school-based mental health professionals. Demonstration projects and competitions to train and increase the number of school-based mental health professionals support the implementation of trauma-informed practices and other mental health supports in schools. Fostering trauma-informed cultures in schools helps both students and staff succeed by addressing the impacts of trauma; improves school capacity to identify, refer, and provide services to students; can improve staff retention and help keep students in school; and support learning environments where students feel safe, supported, and ready to learn. Opioid Substance Use Disorder and Prevention.--The Department has implemented a priority in grant competitions for projects addressing opioid substance use disorder and prevention. More must be done to prevent opioid substance use disorder by students and address the mental health needs of students affected by opioid substance use disorder in their families or communities. Project SERV.--The Department should ensure that funding made available for Project SERV grants is promptly awarded to eligible entities located in areas with high rates of community violence to restore any learning environment that was disrupted by a violent or traumatic crisis. School Safety and Climate.--The Department is encouraged to partner with outside experts and other Federal agencies as appropriate to develop best-practices to improve school safety and school climate. State and Federal Coordination on School Safety and Climate.--Many States have researched and in some cases provided reports on the local needs and solutions to maintain safe and welcoming school climates. The Department is encouraged to review such reports and support SEAs, as authorized in ESEA. School Safety Clearinghouse and Mental Health Services for Students.--The Department is directed to brief the Committees within 90 days of enactment of this Act on: (1) the progress made by the Department in identifying, assessing, and disseminating evidence-based approaches to maintaining safe schools and positive learning environments for all students, including establishing a clearinghouse for such approaches; and (2) improving and expanding access to mental health services for students. English Language Acquisition The Department is encouraged to help SEAs and LEAs make the best use of funding within this program and other Department programs to support English learners. Special Education Education Materials in Accessible Formats for Students with Visual Impairments.--The agreement provides an increase of $500,000 and recognizes the ongoing progress made with the tools and services provided under Educational Technology, Media, and Materials that have allowed more than 620,000 students with disabilities free access to more than 700,000 books in digitally accessible formats. The Department is encouraged to continue to expand this program's reach to K-12 students in underserved areas. Promoting Development of Social Skills for Students with Disabilities.--Within the total for Educational Technology, Media, and Materials, the agreement includes $1,000,000 for a demonstration project to facilitate the development of new educational strategies and programming for students with disabilities who could benefit from social skills instruction. This should include utilizing new technologies and evidence-based curriculums in instructional settings, including advanced social robotics that integrate evidence- based practices to improve social skills and generate positive educational outcomes in students with disabilities. Medicaid Services.--Opportunities exist to streamline access to and improve the quality of special education services, and steps should be taken to reduce administrative barriers for providing health services in and in coordination with schools. The Office of Special Education and Rehabilitative Services should coordinate with the Centers for Medicare & Medicaid Services to develop training and provide technical assistance to assist with billing and payment administration for Medicaid services in schools. Special Olympics.--Within the total for Technical Assistance and Dissemination, the agreement includes $20,083,000, an increase of $2,500,000 above the fiscal year 2019 funding level, to support activities authorized by the Special Olympics Sport and Empowerment Act, including Project UNIFY. Rehabilitation Services Vocational Rehabilitation State Grants.--The agreement directs the Secretary to submit a report within 90 days of enactment of this Act to the Committees evaluating any changes in trends in employment outcomes for individuals with disabilities served by State vocational rehabilitation programs before and after the implementation of the WIOA. The agreement directs the Secretary to ensure appropriate State level implementation of the Rehabilitation Act, which may include the Department providing technical assistance as necessary. Special Institutions for Persons with Disabilities American Printing House for the Blind.--The agreement includes $2,000,000, an increase of $1,000,000, to continue and expand the Center for Assistive Technology Training regional partnership established in fiscal year 2019. National Technical Institute for the Deaf.--The agreement includes $5,500,000 to continue the National Technical Institute for the Deaf's (NTID) existing regional partnership in fiscal year 2020, intended to expand NTID's geographical reach and improve access to postsecondary STEM education and employment for students who are deaf or hard of hearing in underserved areas. Gallaudet University.--The agreement includes $3,000,000, an increase of $1,000,000, to continue the regional partnership established in fiscal year 2019 focused on early language acquisition for children from birth through age three who are deaf or hard of hearing. Career, Technical, and Adult Education The Department is encouraged to establish the on-line portal for career and technical education students described in section 114(e)(7)(K) of the Carl D. Perkins Career and Technical Education Act. The Department is encouraged to work with the Departments of Defense, Labor, and Commerce to develop a pilot project to increase the quality of and participation in career and technical education programs that would help develop the skilled workforce needed for new submarine construction. Student Financial Assistance Pell Grants.--The agreement increases the maximum award by $150, to $6,345 in academic year 2020-2021. Federal Work Study.--Within the total for Federal Work Study, the agreement includes $10,051,000, for the Work Colleges program authorized under section 448 of the Higher Education Act (HEA). Federal Direct Student Loan Program Account The Department shall brief the Committees of jurisdiction within 45 days of enactment of this Act on actions planned or taken: (1) to address and implement recommendations outlined in a GAO report titled ``Public Service Loan Forgiveness: Improving the Temporary Expanded Process Could Help Reduce Borrower Confusion'' (GAO-19-595); (2) to simplify the Temporary Expanded Public Service Loan Forgiveness (TEPSLF) application process so borrowers can apply for TEPSLF at the same time as they apply for Public Service Loan Forgiveness (PSLF); (3) to provide more information to borrowers denied TEPSLF on the reason for the denial; (4) to conduct outreach to borrowers who may be eligible for TEPSLF; and (5) to improve administration of the PSLF program, including by implementing GAO's recommendations for that program. Student Aid Administration Ability to Benefit.--The Department shall issue guidance that serves as a simple and clear resource for implementing Ability to Benefit at IHEs, which should restate the updated definition of a career pathway program and contain answers to frequently asked questions about program eligibility. Student Loan Servicing.-- The agreement includes $1,768,943,000 for Student Aid Administration. The Department has stated that the implementation of the Next Generation Servicing Environment (Next Gen) will address problems with the current student loan servicing environment and improve accountability and services for students, borrowers and families. However, full implementation of Next Gen will take several years. In the interim, the Department should continue to take steps to improve the current servicing environment. In addition to continuing statutory requirements from fiscal year 2019, the agreement includes new provisions directing the Department to hold servicers accountable for high-quality outcomes, noncompliance with Federal Student Aid (FSA) guidelines, contract requirements (e.g., an understanding of Federal and State law), and applicable laws, including misinformation provided to borrowers. In addition to provisions ensuring accountability and high-quality service from student loan servicers, the agreement also includes a new provision ensuring similar expectations, as applicable, for all of FSA's contractors. As part of this effort, it is expected that FSA will monitor performance and service delivery at the point of contact between contractors and borrowers, as applicable, to ensure such accountability and high-quality service. The Department should ensure, consistent with current statutory requirements, that the transition to Next Gen, including the Enhanced Processing Solution, does not rely on a single-servicer model. In addition to the directives in House Report 116-62, the agreement directs FSA to provide a detailed strategic plan for Next Gen to the Committees within 180 days of enactment of this Act, accounting for the cost of all activities associated with the full implementation of Next [[Page H11083]] Gen, including transition costs, and to conduct semiannual briefings to the authorizing and Appropriations Committees. The agreement directs the Department to continue to provide to the Committees quarterly reports detailing its obligation plan by quarter for student aid administrative activities broken out by servicer, Next Gen contractor and activity and detailing performance metrics, total loan volume and number of accounts, broken out by servicer, Next Gen contractor and for each private collection agency. Free Application for Federal Student Aid (FAFSA) Simplification and Data Linkages.--The agreement supports efforts to further simplify the FAFSA and verification process to reduce the burden on students and IHEs, including swift implementation of recent legislative changes to the sharing of information between the Department and Internal Revenue Service and ensuring all service members and veterans can identify their status when they apply for student aid separate from the dependency determination. Return of Title IV Funds.--The Department is encouraged to pursue efforts to simplify and streamline the return of title IV funds process for IHEs and students. Student Aid Enforcement.--The Department shall include information in its fiscal year 2021 Congressional Justification on staffing levels of the Student Aid Enforcement Unit and actions taken by the unit, including the number and type of actions opened, pending, and closed annually. Student Loan Cancellations and Discharges Reporting.--The Department should continue to bolster transparency through the Federal Student Aid Data Center by supplementing current reporting with, at a minimum, semiannual reports beginning no later than 90 days after enactment of this Act, on each of the Federal student loan cancellation and discharge programs. Each report should include the total number of unique borrowers who have applied for a program or have been identified under an applicable data match (``borrowers''), unique borrowers in each applicable status (received, pending, approved, and denied), total loan balance in each applicable status (received, pending, approved, and denied), median amount discharged for each program, and percentage of unique borrowers subject to any partial discharge. The Department should publish disaggregated information by State, as possible, and make such information available publicly on the Department's website. Total and Permanent Disability.--The agreement directs the Department to provide a report to the Committees within 180 days of enactment of this Act on steps taken or planned to be taken to improve information provided to students who are eligible for total and permanent disability discharge of Federal student loans or service obligations, including strategies used to improve outreach to all eligible borrowers and increase the number of qualifying individuals receiving discharges. Veterans Affairs Data Matching.--The Secretary shall provide a report not later than 90 days after enactment of this Act to the Committees on the implementation of the data matching system with the Department of Veterans Affairs to facilitate the discharge of student loans for veterans with total and permanent disabilities. Such report should include information about the number of veterans identified through the matching program, the number of loans automatically discharged as the result of the matching program, the number of loans discharged overall, and a description of the barriers for veterans who may be eligible for a student loan discharge for total and permanent disability but who have not received one, and planned actions for eliminating such barriers for veterans. Higher Education Aid for Institutional Development Strengthening Institutions.--The Department is encouraged to support programs at Institutions of Higher Education (IHE) that offer training programs that lead to certificates or industry-recognized credentials in high-demand fields; provide educational experiences that are closely aligned to actual workforce needs; provide customizable and quality educational opportunities; and connect students to comprehensive educational offerings that provide students with other essential skills. Postsecondary Programs for Students with Intellectual Disabilities The agreement includes $11,800,000 to carry out activities under title VII, part D, subparts 2 and 4 of the HEA. Funds will be used by the Department to hold a new competition to build on the important work that has been done to develop postsecondary opportunities for students with intellectual disabilities through model projects and the National Coordinating Center (NCC), and to expand the work of the NCC to conduct research to identify effective strategies used by postsecondary programs for students with intellectual disabilities that lead to positive employment and independent living outcomes. Federal TRIO Programs The Department is directed to allocate any grant funding not needed for non-competitive continuation awards or for programs up for re-competition in fiscal year 2020 to provide inflationary increases for current grantees and to increase the number and size of new awards in the Student Support Services grant competition. The Department is further directed to include proposed funding levels for each of the TRIO programs in the operating plan required under section 516 of this Act. There is great concern and disappointment that the Department has yet to issue a notice inviting applications for new awards for TRIO Student Support Services grants. The Department is directed to publish such notice inviting applications for new awards for TRIO Student Support Services grants no later than December 30, 2019 and take steps necessary to award funding as early as possible before the beginning of the academic year. Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) The agreement notes concerns over the competition schedule for GEAR UP State and partnership grants. The agreement directs the Department to uphold the long-standing guidance that States may only administer one active State grant at a time. The Secretary is directed to provide written guidance in the Federal Register notifying applicants that only States without an active State grant, or States that have an active State grant that is scheduled to end prior to October 1, 2020, will be eligible to receive a new State award funded in whole or in part by this appropriation. The agreement directs the Department to provide a briefing to the Committees within 90 days of enactment of this Act on this program and any planned competitions for fiscal year 2020. Fund for the Improvement of Postsecondary Education The agreement includes $24,500,000 for FIPSE, to remain available through December 31, 2020, for the following activities. Career Pathways.--The agreement includes $10,000,000 for grants to expand and improve career pathways opportunities for students beginning in high school. These grants should support the creation of sustainable, evidence-based career exploration and guidance systems that promote multiple pathways to postsecondary and career success. Centers of Excellence for Veterans Student Success Program.--The agreement includes $7,000,000 for the activity described under the heading ``Fund for the Improvement of Postsecondary Education'' and as set out in the paragraphs associated with the Centers of Excellence for Veterans Student Success Program in House Report 116-62. Open Textbook Pilot.--The agreement includes $7,000,000 to continue the Open Textbook Pilot and fund a new grant competition in fiscal year 2020. The Department shall issue a notice inviting applications consistent with notice and comment procedures and allow for a 60-day application period. This funding should support a significant number of grant awards to IHEs as defined by 20 U.S.C. 1001, a group of IHEs, or State higher education agencies that lead the activities of (and serve as fiscal agent for) a consortium. Funding should be used to create new open textbooks and expand the use of open textbooks in courses that are part of a degree granting program, and particularly those with high enrollments. Allowable uses of funds should include professional development for faculty and staff, including relating to the search for and review of open textbooks; the creation or adaptation of open textbooks; development or improvement of tools and informational resources that support the use of open textbooks, including accessible instructional materials for students with disabilities; and research evaluating the efficacy of the use of open textbooks for achieving savings for students and the impact on instruction and student learning outcomes. The Secretary shall require that any open textbooks created with these funds shall be released to the public under a non-exclusive, royalty-free, perpetual, and irrevocable license to exercise any of the rights under copyright conditioned only on the requirement that attribution be given as directed by the copyright owner. Further, any tools, technologies, or other resources that are created, developed, or improved wholly or in part with these funds for use with any open textbook must be similarly licensed. Any eligible entity receiving a grant through the Open Textbooks Pilot, upon completion of the supported project, shall report to the Secretary regarding the effectiveness of the project in expanding the use of open textbooks and in achieving savings for students; the impact of the project on expanding the use of open textbooks at IHEs outside of the institution receiving the grant; open textbooks created or adapted under the grant, including instructions on where the public can access each open textbook; the impact of the project on instruction and student learning outcomes; and all project costs, including the value of any volunteer labor and institutional capital used for the project. The Secretary shall make such reports publicly available. National Center for Information and Technical Support for Postsecondary Students with Disabilities.--The agreement includes $500,000 for the operation of the National Center for Information and Technical Support for Postsecondary Students with Disabilities authorized under section 777(a) of the HEA. Historically Black College and University Capital Financing Program Account The agreement includes $46,484,000 for the Historically Black College and University (HBCU) Capital Financing program account. Using updated economic assumptions from the Department of Education, the funding provided for private loan deferments more [[Page H11084]] accurately reflects those needs and continues all current loan deferments. The agreement includes additional funding and new bill language for the deferment of outstanding loans for public HBCUs. Further, the agreement directs the Department to provide such funding based on the quality of applications received and to prorate funds across all eligible schools. Institute of Education Sciences (IES) Assessment.--The agreement supports assessments for students in United States History and Civics. The National Assessment Governing Board (NAGB) is directed to continue administering assessments in these two areas, at least every 4 years, in accordance with the current National Assessment of Educational Progress (NAEP) schedule. The agreement notes concern with recent changes to the proposed NAEP schedule, some of which differ from the schedule outlined in the fiscal year 2020 budget request, which proposed a reduction in funding for assessments that is part of the explanation for the modified assessment schedule. The Department and NAGB are directed to provide a briefing to the Committees within 45 days of enactment of this Act on the proposed changes and estimated funding needed to maintain the schedule outlined in the fiscal year 2020 budget request. Second Chance Pell.--The agreement directs IES to conduct a rigorous evaluation of the Second Chance Pell Experiment as announced in the Federal Register (Volume 80, Number 148 on Monday, August 3, 2015) and work with the Department's Policy and Program Studies on this effort. The agreement directs IES to submit the evaluation to the Committees within 30 days of completing the evaluation. The agreement also directs the Department to report no later than 90 days after the enactment of this Act on the implementation of GAO's recommendation in its April 2019 report, ``Federal Student Aid: Actions Needed to Evaluate Pell Grant Pilot for Incarcerated Students'' (GAO-19-130). Departmental Management Bureau of Indian Education (BIE) Compliance with ESEA.--The Department shall provide a report to the committees of jurisdiction within 180 days of enactment of this Act on how it evaluates the BIE's compliance with ESEA. Civil Rights Data Collection (CRDC).--The agreement is concerned with the proposed elimination of key data elements from the 2019-20 CRDC that could impede efforts to identify and address inequities in educational resources and outcomes. Further, the agreement is concerned that the Department did not first review or evaluate the 2017-18 CRDC collection before proposing the elimination of these elements. As the CRDC is used to monitor and enforce equal opportunity in education, the agreement is concerned that the Department's rationale for elimination focused on reducing regulatory burden while not including a comprehensive analysis of whether eliminating certain data elements would negatively impact the ability to understand or address civil rights issues in our nation's schools. The agreement directs the Department to provide a briefing to the appropriations and authorizing Committees within 90 days of enactment of this Act on the proposed changes, how the changes reflect civil rights enforcement needs, information on the comments received on the proposal, an evaluation of the 2017-18 CRDC, and any impact on the mission and purpose of the CRDC and the Office for Civil Rights. Competitions.--The agreement notes long-standing concern regarding the Department's failure to issue notices inviting applications for competitive grant competitions in a timely manner. Such delays often result in a significant number of programs awarding grants in the final weeks of the fiscal year. Moreover, these delays have occurred for enduring, authorized programs for which there is sufficient funding history to believe appropriations will continue. The Department is directed to brief the Committees no later than 60 days after enactment of this Act on steps it has taken or will take to issue notices earlier in fiscal year 2020 and subsequent years. Computer Science Education.--The agreement supports the Department's prioritization of computer science education in fiscal year 2019 grant competitions and supports this focus in fiscal year 2020. Department of Interior Schools.--The Departments of Education and Interior are commended for their efforts to improve the lives of American Indian students through a quality education. However, more should be done to improve the long-documented issues facing Department of Interior schools. The Departments of Education and Interior are encouraged to continue to work together to improve the quality of education opportunities offered to Indian youth. Disaster Recovery.--Funding awarded under the Bipartisan Budget Act of 2018 (P.L. 115-123) is available for obligation through fiscal year 2022, in part to address potentially lengthy recovery efforts. As grantees have experienced both expected and unexpected challenges that have slowed the expenditure of funds, the agreement strongly encourages the Department to extend the time grantees awarded funds in 2018 currently have to expend funds, as applicable, consistent with the terms of section 21208(b) of such Act. Disclosures of Foreign Gifts and Contracts.--The agreement notes that section 117 of the HEA requires IHEs to disclose certain gifts from or contracts with foreign entities and that the Department makes such information publicly available on its website. Such disclosures are critical to ensure adequate oversight and transparency. The agreement directs the Department to engage with IHEs to ensure requirements under section 117 are clear and to provide guidance to IHEs to ensure they are aware of their responsibilities. As the Department provides guidance on this issue or modifies reporting methods or requirements, IHEs should be given adequate time to ensure proper reporting. The Department should brief the Committees within 45 days of enactment of this Act on efforts to engage with the stakeholder community, efforts to provide greater guidance and clarity on reporting requirements, and any additional information on agency efforts to comply with such section. Diverse Geographical Distribution of Grants.--The Department is encouraged to continue efforts to ensure that competitive grants are distributed among eligible entities that serve geographically diverse areas, including urban, suburban, and rural areas. It is critical that support and solutions developed with Federal funding are relevant to and available in all areas consistent with authorizations of Federal programs. Evidence-Based Grant Making.--The Secretary should use demonstrated evidence of effectiveness as part of the selection criteria through its Education Department General Administrative Regulations, consistent with authorizations, for all competitive grant programs. Non-competitive formula grant funds have a range of evidence requirements and preferences which the Department is directed to support through enhancements to its technical assistance and support activities. Foundations for Evidence-Based Policymaking.--Faithful execution of the Foundations for Evidence-based Policymaking Act will enhance the evidence-building capacity of Federal agencies, strengthen privacy protections, improve secure access to data, and ultimately provide more and higher quality evidence to policymakers. The Department shall provide updates on its implementation of the law and plans for the coming year in its next and subsequent Congressional Justifications. GAO Report on Teacher Shortages.--The agreement requests GAO provide a report to the Committees on trends and factors contributing to school districts' challenges with teacher recruitment and retention. The report should include a review and analysis of challenges recruiting and retaining special education teachers, paraprofessionals, and teacher aides; the extent to which licensure requirements are waived or modified to address shortages; and geographic and demographic characteristics of districts facing the greatest challenges or shortages, including rural and urban areas. The report shall examine ways to improve the effectiveness of current Federal policy in preventing and responding to teacher shortages as well as make recommendations on potential Federal interventions to improve teacher recruitment and retention. Human Resources.--The agreement is concerned about the full-time equivalent employment differences between the Department's Congressional Justifications and actual on-board staffing reports. The agreement notes an increase in the number of separations and hiring challenges at the Department. The agreement requests an update in the fiscal year 2021 Congressional Justification on the activities the Department has undertaken or will undertake to ensure adequate staffing levels are achieved for the Department to meet its obligations. The Committees request periodic updates on this effort. Seclusion and Restraint Data.--The agreement strongly urges the Assistant Secretary for the Office for Civil Rights to take immediate steps in the ongoing 2017-2018 CRDC to improve the accuracy of the data, to remind and clarify for all schools and school districts to only report zero incidents of seclusion and restraint when no incidents have occurred, to leave cells blank for missing or incomplete data, and to contact schools and school districts that already submitted data for the 2017-2018 CRDC and verify the accuracy of the data. Finally, the agreement strongly urges the Assistant Secretary to monitor compliance with action plan requirements for missing data, and ensure plans are submitted and address all missing data. The agreement requests an update on these efforts in the fiscal year 2021 Congressional Justification. General Provisions The agreement continues authority for pooled evaluation authority. The agreement modifies a provision regarding endowment income. The agreement continues authority for the National Advisory Committee on Institutional Quality and Integrity. The agreement continues authority for account maintenance fees. The agreement modifies a provision rescinding unobligated discretionary balances previously appropriated for the Pell grant program. The agreement modifies a provision rescinding fiscal year 2020 mandatory funding to offset the mandatory costs of increasing the discretionary Pell award. The agreement includes a new provision modifying the name of the 21st Century Community Learning Centers program. The agreement includes a new provision modifying existing authority relating to cohort default rates for a period of two years. [[Page H11085]] The agreement includes a new provision related to the Department of Education Organization Act. The agreement modifies a provision related to loan forgiveness opportunities for borrowers. TITLE IV RELATED AGENCIES Committee for Purchase from People Who Are Blind or Severely Disabled The agreement includes an additional $1,350,000 for the one-time costs associated with a move of the headquarters office. Corporation for National and Community Service (CNCS) OPERATING EXPENSES Innovation, Assistance, and Other Activities.--The agreement includes $9,600,000 for innovation, assistance, and other activities. The agreement includes $6,400,000 for the Volunteer Generation Fund, $2,100,000 for the September 11th National Day of Service and Remembrance and $1,100,000 for the Martin Luther King, Jr. National Day of Service. Commission Investment Fund.--The agreement includes no less than $8,500,000. Fixed Amount Grants.--CNCS is encouraged to expand opportunities for AmeriCorps programs to utilize fixed amount grants, which could reduce unnecessary administrative burdens on current and potential AmeriCorps programs. Further, CNCS is encouraged to increase the current maximum cost per member service year of fixed amount grants to make it more comparable to cost reimbursement grant levels and allow new AmeriCorps programs to be eligible to apply for full-time fixed amount grants, while also ensuring that fixed amount grantees provide a comparable amount of matching funds and that there is sufficient oversight and accountability of fixed amount grantees. Professional Corps.--CNCS is directed to include a determination of need by the local community among the factors that a professional corps program may use to demonstrate an inadequate number of professionals in a community. Further, CNCS is strongly encouraged to increase the maximum amount of operating funds per member service year a professional corps program may request as part of their grant application. Finally, CNCS is directed to provide professional corps programs flexibility in justifying the need for operating funds to ensure that these programs are able to provide high-quality services in all communities. Transformation and Sustainability Plan.--There is concern with CNCS' transformation and sustainability plan (TSP), particularly related to moving from a State office to regional office structure. CNCS is directed to ensure that TSP does not create degradation in services, technical assistance, or support for local community service programs, particularly those operating in under-served and rural areas, and to provide periodic briefings to the Committees on steps taken to ensure that service is maintained. Further, the CNCS is directed to provide a report within 30 days of enactment of this Act to the Committees. Such report should contain information on the metrics used and factors considered in determining the new regions and the location of regional offices; a complete analysis of all costs and savings associated with the transition to regional offices, including any increased travel or training costs; a description of other field structures considered; and a detailed response to each of the risk factors identified by the OIG. Finally, CNCS is encouraged to evaluate and consider adding additional regional offices as appropriate if it is determined that offices would enhance support for local community service programs. Corporation for Public Broadcasting (CPB) The bill removes unnecessary language related to the Television Future Fund as no such fund exists. All operation of the Television Future Fund ceased after a 2004 GAO report titled ``Issues Related to Federal Funding for Public Television by the Corporation for Public Broadcasting'' (GAO- 04-284) determined activities were done in an unauthorized manner. The agreement expects CPB to fully comply with all statutory requirements for the allocation and distribution of appropriated funds. Institute of Museum and Library Services Within the total for the Institute of Museum and Library Services, the agreement includes funds for the following activities: ------------------------------------------------------------------------ FY 2020 Budget Activity Agreement ------------------------------------------------------------------------ Library Services Technology Act: Grants to States.................................... $166,803,000 Native American Library Services.................... 5,263,000 National Leadership: Libraries...................... 13,406,000 Laura Bush 21st Century Librarian................... 10,000,000 Museum Services Act: Museums for America................................. 25,899,000 Native American/Hawaiian Museum Services............ 1,772,000 National Leadership: Museums........................ 8,113,000 African American History and Culture Act: Museum Grants for African American History & Culture 2,731,000 Research, Analysis, and Data Collection................. 3,013,000 Program Administration.................................. 15,000,000 --------------- Total........................................... 252,000,000 ------------------------------------------------------------------------ Medicaid and CHIP Payment and Access Commission (MACPAC) Non-Emergency Medical Transportation (NEMT).--Within the amount provided, the agreement provides $300,000 for MACPAC to examine, to the extent data are available, the benefits of NEMT from State Medicaid programs on Medicaid beneficiaries, including beneficiaries with chronic diseases including end stage renal disease (ESRD), substance abuse disorders, pregnant mothers, and patients living in remote, rural areas, and to examine the benefits of improving local coordination of NEMT with public transportation and other Federally- assisted transportation services. The agreement directs HHS to take no regulatory action on availability of NEMT service until the study is completed. National Labor Relations Board (NLRB) The agreement notes concern regarding NLRB personnel and obligation practices. Such practices have contributed to significant underspending on personnel costs. As a result of these practices, NLRB has had higher than historical funding lapses for the past two fiscal years. The October 2019 Inspector General ``Top Management and Performance Challenges'' memorandum included in NLRB fiscal year 2019 Performance and Accountability Report identifies NLRB's current methodology for determining the workforce capacity needed to process cases as a key challenge to the Board's ability to ensure the quality of its investigative work product and maintain a highly motivated workforce. The agreement directs NLRB to address this challenge by posting position openings to restore critical field staff capacity and to more aggressively fill vacancies in fiscal year 2020, including the remaining open regional director positions. To ensure NLRB makes progress toward addressing this issue, the agreement directs the Board to expand the number of regional full-time equivalent staff beyond the amount on-board at the end of the fourth quarter of fiscal year 2019. Within 90 days of enactment of this Act, NLRB is directed to brief the Committees on its plans for addressing these critical hiring challenges. Further, NLRB is directed to submit a report to the Committees within 90 days of enactment of this Act detailing the resources dedicated to regional offices. Such report should include actual and planned data, as applicable, for fiscal years 2011 through 2021: (1) the number of employees stationed in each regional office and (2) administrative expenses by object class for each regional office. In addition, the agreement directs the Board to provide monthly staffing reports to the Committees. Such staffing reports should include the total number of employees in each position for each regional office, attrition for each office, new hires for each office, and any information on plans to incentivize or encourage employee separations. Railroad Retirement Board LIMITATION ON ADMINISTRATION The agreement includes $10,000,000 for the implementation of information technology systems modernization efforts. GAO Review.--The agreement requests GAO conduct a management review of the Railroad Retirement Board, including, financial management practices, regional office structure and workforce planning needs, oversight of programs, and any other matters GAO considers relevant. Social Security Administration (SSA) LIMITATION ON ADMINISTRATIVE EXPENSES The agreement includes an increase of $100,000,000 for SSA's base administrative expenses for additional hires and resources to improve public service at SSA field offices and direct service operations. Continuing Disability Reviews.--The agreement directs SSA to include in its next continuing disability review (CDR) report to Congress an evaluation of its CDR prioritization models and a cost-benefit analysis of how it uses estimated savings in determining which beneficiaries receive a full- medical CDR. Additionally, the agreement requests in the fiscal year 2021 Congressional Justification, the process by which SSA intends to pace its CDR workload to properly manage Limitation on Administrative Expenses funding. Disability Case Processing System (DCPS).--SSA is encouraged to engage with States to explore all possible options for modernization of the case processing system, to align with the needs of each State, so long as such options have similar or better functionality as DCPS, similar or lower costs to DCPS, and are consistent with Federal procurement and security standards. SSA should continue to provide regular updates on the effort to upgrade DCPS, including the cost and anticipated timeline of the project, and efforts by SSA to engage stakeholders, including any barriers to implementation. Disability Hearings Backlog.--The agreement encourages SSA to include comprehensive information in its existing reports to Congress on the specific policies SSA has implemented, or has considered, to streamline the disability determination and adjudication process. When considering or implementing changes, SSA should ensure due process, and that applicants have a full and adequate opportunity to present their claims. Field Office Closures.--While SSA's Inspector General reviews decisions to close field offices, the Commissioner is strongly encouraged to take every action possible to maintain operations at the offices under review. [[Page H11086]] SSA is expected to support front line operations. As part of the fiscal year 2021 Congressional Justification, SSA should include a plan to identify opportunities for improved field office operations. Finally, SSA is strongly encouraged to ensure its policies and procedures for closing field offices include at least 120 days advance notice to the public, SSA employees, Congress, and other stakeholders. Such notice should include a rationale for the proposed closure and an evaluation of the effects on the public and SSA operations. Mail and Printing Systems.--SSA is encouraged to consider and evaluate modernization of its mail and printing systems and contracts that could result in budgetary savings while improving fraud prevention. The agreement requests a briefing for the Committees within 180 days of enactment of this Act on current mailing and printing systems and contracts, including systems or contracts relating to Social Security Cards, and any ongoing efforts to modernize or otherwise improve such systems. Medical Vocational Guidelines.--The agreement directs SSA to provide a report to the Committees within 90 days of enactment of this Act on its plan and timetable for updating and modernizing medical vocational guidelines and to engage appropriate Committees of jurisdiction prior to making any changes to such guidelines. Telework.--SSA is urged to develop a telework plan for Operations employees as quickly as practicable and to brief the Committees on the status of efforts to reinstate telework within 60 days of enactment of this Act. Video Hearings.--The agreement reiterates the language included under this heading in House Report 116-62, and directs SSA to provide an update in the fiscal year 2021 Congressional Justification detailing the extent to which SSA meets best practices outlined by the Administrative Conference of the U.S., and the extent to which SSA video hearings, policies, and practices are accessible to individuals with disabilities. Work Incentives Planning and Assistance (WIPA) and Protection and Advocacy for Beneficiaries of Social Security (PABSS).--The agreement includes $23,000,000 for WIPA and $7,000,000 for PABSS. TITLE V General Provisions The agreement modifies a provision related to reports on non-competitive contracts, grants and cooperative agreements. The agreement modifies a provision related to Performance Partnerships. The agreement includes a new provision related to grant notifications. The agreement includes a new provision related to questions for the record. The agreement includes a provision rescinding various unobligated balances. 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Rpt. 116-107) and Senate Report (S. Rpt. 116-110) that remain unchanged by this agreement, except as noted in this statement. The House and Senate report language that is not changed by the statement is approved and indicates congressional intentions. The statement, while repeating some report language for emphasis, does not intend to negate the language referred to above unless expressly provided herein. In cases in which the House or the Senate have directed the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations no later than 60 days after enactment of this Act, unless otherwise directed. Hereafter, in division B of this statement, the term `the Committees' refers to the Committees on Appropriations of the House of Representatives and the Senate. For the appropriations provided by this Act and previous Acts, the departments and agencies funded by this agreement are reminded that the Committees use the definitions for transfer, reprogramming, and program, project, and activity as defined by the Government Accountability Office (GAO) in GAO-04-261SP Appropriations Law--Vol. I and GAO-05-734SP Budget Glossary. A transfer is the shifting of funds between appropriations. It applies to (1) transfers from one agency to another, (2) transfers from one account to another within the same agency, and (3) transfers to an interagency or intra-agency working fund. In each instance, statutory authority is required. Reprogramming is the utilization of funds in an appropriation account for purposes other than those contemplated at the time of appropriation. It is the shifting of funds from one object to another within an appropriation. A program, project, or activity (PPA) is an element within a budget account. PPAs are identified by reference to include the most specific level of budget items identified in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Act, 2020, accompanying Committee reports, explanatory statements, and budget justifications. Program activity structures are intended to provide a meaningful representation of the operations financed by a specific budget account by project, activity, or organization. For fiscal year 2020, the Committees continue to include bill language requiring advanced notification of certain agency actions. Notification will be required at least 30 days in advance of any action if (1) a major capital investment is modified; (2) an office is realigned or reorganized; and (3) activities are carried out that were not described in the budget request. The agreement directs the Office of Budget and Program Analysis (OBPA) of the U.S. Department of Agriculture (USDA) to provide an organizational chart for each agency funded by this Act to the division and subdivision level, as appropriate, by February 1, 2020. The agreement also directs the Food and Drug Administration (FDA), the Commodity Futures Trading Commission (CFTC), and the Farm Credit Administration (FCA) to provide an organizational chart of each agency respectively to the division and subdivision level, as appropriate, by February 1, 2020. Further, USDA, FDA, and CFTC should be mindful of Congressional authority to determine and set final funding levels for fiscal year 2021. Therefore, the agencies should not presuppose program funding outcomes and prematurely initiate action to redirect staffing prior to knowing final outcomes on fiscal year 2021 program funding. The agreement directs OBPA to provide the Committees with the number of staff years and employees on board for each agency funded by this Act on a quarterly basis. TITLE I AGRICULTURAL PROGRAMS Processing, Research and Marketing Office Of The Secretary (INCLUDING TRANSFERS OF FUNDS) The agreement provides $46,139,000 for the Office of the Secretary. The agreement is concerned with the number of staff vacancies within USDA. While funding levels continue to increase for many agencies, staffing levels continue to decline. Within 180 days after enactment, the Secretary shall provide detailed staffing levels for all research agencies, the Farm Service Agency, all marketing agencies, Rural Development, the Food and Nutrition Service, and the Foreign Agricultural Service. The report shall include all vacancies that have remained unfilled for more than six months and detailed plans to fill those vacancies. The report shall also include for each agency, the number of fulltime equivalent (FTE) staff utilized and the number of vacancies for fiscal years 2015 through 2019. The agreement notes the ongoing contract negotiations between West Coast grain terminal operators and the International Longshore and Warehouse Union and recognizes the importance of reaching an agreement that works for both parties. A failure to reach an agreement could result in an interruption in grain terminal service that would negatively impact the nation's grain exports. The agreement urges all parties to continue negotiating in good faith to ensure an equitable outcome for both grain terminal operators and their workers is expeditiously reached. The agreement directs the Secretary to submit a report that describes the economic and environmental impacts of importing orchids in growing media. The report shall include: a description of the economic impact of importing orchids in growing media on a state-by-state basis, with data collected from local growers; any incidents of pests detected on orchids imported with growing media; and an analysis with respect to additional resources that are necessary to prevent and mitigate the introduction of pests resulting from importing orchids in growing media. The agreement directs the Secretary to preserve the term ``climate change'' in any publication where scientifically appropriate. In addition to updates provided to the Committees, the Department is directed to include in its fiscal year 2021 Congressional Justification, as a single exhibit, a table listing all deliverables, with a column for due dates if applicable. The Department is reminded of enacted language prohibiting the initiating, planning, developing, implementing, or making of any changes to remove or relocate any systems, missions, or functions of the offices of the Chief Financial Officer or any personnel from the National Finance Center prior to written notification to and prior approval of the Committee on Appropriations of both Houses of Congress. The agreement recognizes the important role of the Forest Service Job Corps Civilian Conservation Centers and directs the Secretary to continue the program as currently structured. The Department is directed to treat crop losses due to freeze as losses resulting from snowstorms and therefore eligible for WHIP+ payments. The following table reflects the agreement: OFFICE OF THE SECRETARY [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Office of the Secretary.................................... $5,051 Office of Homeland Security................................ 1,496 Office of Partnerships and Public Engagement............... 6,211 Office of Assistant Secretary for Administration........... 875 Departmental Administration................................ 21,376 Office of Assistant Secretary for Congressional Relations 3,869 and Intergovernmental Affairs............................. Office of Communications................................... 7,261 Total, Office of the Secretary......................... $46,139 ------------------------------------------------------------------------ Executive Operations OFFICE OF THE CHIEF ECONOMIST The agreement provides $24,013,000 for the Office of the Chief Economist. The agreement includes an increase of $2,500,000 for the work of the National Drought Mitigation Center (NDMC) in order to provide 24/7 backup of NDMC weekly data and build capacity to respond to the increasing number of drought- related research and operations requests to NDMC by U.S. regional climate hubs. OFFICE OF HEARINGS AND APPEALS The agreement provides $15,222,000 for the Office of Hearings and Appeals. OFFICE OF BUDGET AND PROGRAM ANALYSIS The agreement provides $9,525,000 for the Office of Budget and Program Analysis. Office of the Chief Information Officer The agreement provides $66,580,000 for the Office of the Chief Information Officer, including $56,000,000 for cybersecurity activities. The agreement provides an increase of $10,950,000 to fully fund Continuous Diagnostics and Mitigation cyber security activities. The agreement assumes ongoing programs such as network services will continue to be funded through the Working Capital Fund. Office of the Chief Financial Officer The agreement provides $6,028,000 for the Office of the Chief Financial Officer. Office of the Assistant Secretary for Civil Rights The agreement provides $901,000 for the Office of the Assistant Secretary for Civil Rights. Office of Civil Rights The agreement provides $24,206,000 for the Office of Civil Rights. Agriculture Buildings and Facilities (Including Transfers of Funds) The agreement provides $128,167,000 for Agriculture Buildings and Facilities. The agreement provides an increase of $68,100,000 for the first phase of the One Neighborhood proposal to renovate USDA headquarters buildings. In addition, through the Nonrecurring Expenses Fund, USDA also has access to over $80,000,000 to renovate the George Washington Carver facility in Beltsville, MD. The agreement directs USDA to provide frequent updates of these projects, including status of spending and funding availability. Hazardous Materials Management (Including Transfers Of Funds) The agreement provides $4,503,000 for Hazardous Materials Management. This includes an increase of $1,000,000 to address the program's highest priorities related to ongoing contamination cleanup efforts for the Agricultural Research Service and the Farm Service Agency. [[Page H11163]] Office of Inspector General The agreement provides $98,208,000 for the Office of Inspector General. Office of the General Counsel The agreement provides $45,146,000 for the Office of General Counsel. Office of Ethics The agreement provides $4,136,000 for the Office of Ethics. Office of the Under Secretary for Research, Education, and Economics The agreement provides $800,000 for the Office of the Under Secretary for Research, Education, and Economics. Economic Research Service The agreement provides $84,757,000 for the Economic Research Service. National Agricultural Statistics Service The agreement provides $180,294,000 for the National Agricultural Statistics Service (NASS), including up to $45,300,000 for the Census of Agriculture. The agreement does not accept any proposed eliminations or reductions of ongoing activities, including Acreage, Crop Production and Grain Stocks; the Bee and Honey Program; the Chemical Use Data Series; the Floriculture Crops Report; and Fruit and Vegetable Reports, including in-season forecasts for non-citrus fruit and tree nut crops such as pecans. The funding provided will allow NASS to resume or begin completion of these reports at the frequency levels assumed in fiscal year 2019. NASS is directed to resume all of these reports immediately upon enactment of this Act. In addition, the agreement provides $2,000,000 to expand the Farm Labor Survey, $1,000,000 for the Agriculture and Rural Prosperity Initiative, and $2,000,000 to strengthen NASS activities in support of the National Animal Health Monitoring System (NAHMS) commodity studies and the Agricultural Resource Management Survey. NASS is encouraged to coordinate with APHIS in the collection and reporting of NAHMS data. Agricultural Research Service Salaries and Expenses The agreement provides $1,414,366,000 for the Agricultural Research Service (ARS), Salaries and Expenses. The agreement does not accept the President's budget request regarding the termination of research programs, redirections of research programs, or closure of research locations. The agreement expects extramural research to be funded at no less than the fiscal year 2019 levels. The agreement provides funding increases for African swine fever, alfalfa, alternative technologies for waste utilization, aquaculture seedstock, blueberry breeding, bovine pleuropneumonia, cattle fever tick, Center for Pollinator Health, chronic wasting disease, cotton blue disease, cotton ginning, cover crops, cranberry research, East Coast shellfish genetics, food systems, fruit fly and exotic pest control, genetic oat research, germplasm enhancement in maize, greenhouse technology, harmful algal bloom, healthy soils, hemp production systems, high performance computing, human nutrition research, livestock genetic research, long term agro-ecosystem, macadamia tree health, National Ag Library, National Bio and Agro-Defense Facility, Pacific Coast shellfish genetics, pollinator recovery, potato research, poultry production technology development, precision aquaculture, precision viticulture for premium grapes, predictive modeling tools, pulse crop quality, pulse health, shrimp production, small farm orchard unit, small fruits, small grain genomics, sugar beet research, sugarcane variety, sustainable aquaculture, sustainable water use, tree fruit post-harvest research, turfgrass, U.S. Wheat and Barley Scab Initiative, wheat and sorghum, and wildfire smoke taint. The agreement notes that there are numerous vacant positions at ARS laboratories across the nation. The agreement directs ARS to fill vacant positions in order to optimize the utilization of ARS laboratory space and ensure that research goals are met. Further, the agreement encourages ARS to fill these vacancies with permanent employees. The agreement provides funding for the Long-Term Agroecosystem Research (LTAR) network that will allow ARS to provide an equal amount to all the LTAR sites. The agreement supports the collaborative efforts of the diverse stakeholders working towards ensuring the US Sheep Experiment Station remains a valuable asset and focuses additional research opportunities on areas of mutual interest. The agreement notes that some ARS facilities are located in areas that are also used for recreational purposes. The agreement directs ARS to continue to work with State and local partners to ensure that access to public lands does not come at the expense of site security or research activities. BUILDINGS AND FACILITIES The agreement provides $192,700,000 for ARS Buildings and Facilities. National Institute of Food and Agriculture RESEARCH AND EDUCATION ACTIVITIES The agreement provides $962,864,000 for the National Institute of Food and Agriculture, Research and Education Activities. The following table reflects the agreement: NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION ACTIVITIES [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Hatch Act.......................... 7 U.S.C. 361a-i....... $259,000 McIntire-Stennis Cooperative 16 U.S.C. 582a through 36,000 Forestry Act. a-7. Research at 1890 Institutions 7 U.S.C. 3222......... 67,000 (Evans-Allen Program). Payments to the 1994 Institutions.. 7 U.S.C. 301 note..... 4,000 Education Grants for 1890 7 U.S.C. 3152(b)...... 23,009 Institutions. Scholarships at 1890 Institutions.. 7 U.S.C. 3222a........ 5,000 Education Grants for Hispanic- 7 U.S.C. 3241......... 11,200 Serving Institutions. Education Grants for Alaska Native 7 U.S.C. 3156......... 3,194 and Native Hawaiian-Serving Institutions. Research Grants for 1994 7 U.S.C. 301 note..... 3,801 Institutions. Capacity Building for Non Land- 7 U.S.C. 3319i........ 5,000 Grant Colleges of Agriculture. Grants for Insular Areas........... 7 U.S.C. 3222b-2, 3362 2,000 and 3363. Agriculture and Food Research 7 U.S.C. 3157......... 425,000 Initiative. Veterinary Medicine Loan Repayment. 7 U.S.C. 3151a........ 8,000 Veterinary Services Grant Program.. 7 U.S.C. 3151b........ 3,000 Continuing Animal Health and 7 U.S.C. 3195......... 4,000 Disease Research Program. Supplemental and Alternative Crops. 7 U.S.C. 3319d........ 1,000 Multicultural Scholars, Graduate 7 U.S.C. 3152(b)...... 9,000 Fellowship and Institution Challenge Grants. Secondary and 2-year Post-Secondary 7 U.S.C. 3152(j)...... 900 Education. Aquaculture Centers................ 7 U.S.C. 3322......... 5,000 Sustainable Agriculture Research 7 U.S.C. 5811, 5812, 37,000 and Education. 5831, and 5832. Farm Business Management........... 7 U.S.C. 5925f........ 2,000 Sun Grant Program.................. 7 U.S.C. 8114......... 3,000 Research Equipment Grants.......... 7 U.S.C. 3310a........ 5,000 Alfalfa and Forage Research Program 7 U.S.C. 5925......... 3,000 Minor Crop Pest Management (IR-4).. 7 U.S.C. 450i(c)...... 11,913 Special Research Grants:........... 7 U.S.C. 450i(c)...... ........... Global Change/UV Monitoring.... ...................... 1,405 Potato Research................ ...................... 2,750 Aquaculture Research........... ...................... 2,000 Total, Special Research Grants. ...................... 6,155 ------------ Necessary Expenses of Research and Education Activities: Grants Management System........... ...................... 7,830 Federal Administration--Other ...................... 11,862 Necessary Expenses for Research and Education Activities. Total, Necessary Expenses.. ...................... 19,692 ------------ Total, Research and ...................... $962,864 Education Activities. ============ ------------------------------------------------------------------------ [[Page H11164]] NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND The agreement provides $11,880,000 for the Native American Institutions Endowment Fund. EXTENSION ACTIVITIES The agreement provides $526,557,000 for the National Institute of Food and Agriculture, Extension Activities. The agreement provides $4,000,000 for the Rural Health and Safety Education program to address the opioid abuse epidemic and to combat opioid abuse in rural communities. The agreement includes $1,000,000 for competitive external grants for eligible institutions to support the utilization of telehealth, telemedicine, and distance learning strategies for opioid education and training in minority rural communities. The following table reflects the agreement: NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Smith-Lever, Section 3(b) and (c) 7 U.S.C. 343(b) and $315,000 programs and Cooperative Extension. (c) and 208(c) of P.L. 93-471. Extension Services at 1890 7 U.S.C. 3221......... 57,000 Institutions. Extension Services at 1994 7 U.S.C. 343(b)(3).... 8,000 Institutions. Facility Improvements at 1890 7 U.S.C. 3222b........ 20,500 Institutions. Renewable Resources Extension Act.. 16 U.S.C. 1671 et seq. 4,060 Rural Health and Safety Education 7 U.S.C. 2662(i)...... 4,000 Programs. Food Animal Residue Avoidance 7 U.S.C. 7642......... 2,500 Database Program. Women and Minorities in STEM Fields 7 U.S.C. 5925......... 400 Food Safety Outreach Program....... 7 U.S.C. 7625......... 8,000 Food & Ag Service Learning......... 7 U.S.C. 7633......... 1,000 Farmer Stress Assistance Network... 7 U.S.C. 5936......... 10,000 Smith-Lever, Section 3(d):......... 7 U.S.C. 343(d)....... ........... Food and Nutrition Education... ...................... 70,000 Farm Safety and Youth Farm ...................... 4,610 Safety Education Programs. New Technologies for ...................... 1,550 Agricultural Extension. Children, Youth, and Families ...................... 8,395 at Risk. Federally Recognized Tribes ...................... 3,200 Extension Program. Total, Section 3(d)........ ...................... 87,755 ------------ Necessary Expenses of Extension Activities:. Agriculture in the K-12 Classroom.. 7 U.S.C. 3152(j)...... 552 Federal Administration--Other ...................... 7,790 Necessary Expenses for Extension Activities. Total, Necessary Expenses.. ...................... 8,342 ------------ Total, Extension Activities ...................... $526,557 ============ ------------------------------------------------------------------------ Integrated Activities The agreement provides $38,000,000 for the National Institute of Food and Agriculture, Integrated Activities. The following table reflects the amounts provided by the agreement: NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Methyl Bromide Transition Program.. 7 U.S.C. 7626......... $2,000 Organic Transition Program......... 7 U.S.C. 7626......... 6,000 Regional Rural Development Centers. 7 U.S.C. 450i(c)...... 2,000 Food and Agriculture Defense 7 U.S.C. 3351......... 8,000 Initiative. Crop Protection/Pest Management 7 U.S.C. 7626......... 20,000 Program. Total, Integrated Activities... ...................... $38,000 ============ ------------------------------------------------------------------------ Office of the Under Secretary for Marketing and Regulatory Programs The agreement provides $800,000 for the Office of the Under Secretary for Marketing and Regulatory Programs. Animal and Plant Health Inspection Service SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) The agreement provides $1,042,711,000 for the Animal and Plant Health Inspection Service (APHIS), Salaries and Expenses. The agreement provides a net increase of $31,575,000 for high priority initiatives in order to protect the plant and animal resources of the Nation from pests and diseases. Within the increase total, the agreement includes the following: $8,000,000 for Cattle Health to help control and eventually eradicate cattle fever ticks; $5,700,000 for the Equine, Cervid, and Small Ruminant Health program to help address chronic wasting disease ($5,000,000), equine encephalitis ($500,000), and bovine tuberculosis ($200,000); $1,000,000 for the Center for Veterinary Biologics for additional staff; $7,200,000 for the Veterinary Diagnostics program, including the $4,200,000 as requested and $3,000,000 to carry out the science program at the National Bio and Agro-defense Facility program; $2,000,000 for Field Crop and Rangeland Ecosystems Pests in order to control or eradicate pests destroying Roseau cane in wetlands near the Mississippi River Delta as well as funds for APHIS to partner with states in the control and eradication of the cogongrass weed; $6,000,000 for Specialty Crop Pests for the control and eventual eradication of the navel orangeworm; $1,380,000 for Wildlife Damage Management to develop non-lethal strategies to reduce predator depredation; and $295,000 for Horse Protection. The agreement provides $9,000,000 for cervid health activities. Within the funds provided, APHIS should give consideration to indemnity payments if warranted. The agreement notes the growing threat of chronic wasting disease and its impact on free-ranging deer populations. Of the amount provided for cervid health activities, $5,000,000 is provided for APHIS to allocate funds directly to State departments of wildlife and State departments of agriculture to further develop and implement chronic wasting disease surveillance, testing, management, and response activities. In allocating these funds, APHIS shall give priority to States that have experienced a recent incident of CWD, have a CWD monitoring and surveillance program, and have a diagnostic laboratory system certified for CWD testing. The agreement understands that sudden oak death pathogens are a major threat to western forests and export markets for log shipments. The agreement provides no less than the fiscal year 2019 level to continue treatment methods and eradication in order to control the spread of this disease. The following table reflects the agreement: ANIMAL AND PLANT HEALTH INSPECTION SERVICE [in thousands of dollars] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Animal Health Technical Services........................... $37,857 Aquatic Animal Health...................................... 2,253 Avian Health............................................... 62,840 Cattle Health.............................................. 104,500 Equine, Cervid, and Small Ruminant Health.................. 26,500 National Veterinary Stockpile.............................. 5,725 Swine Health............................................... 24,800 Veterinary Biologics....................................... 17,417 Veterinary Diagnostics..................................... 57,340 Zoonotic Disease Management................................ 16,523 ------------ [[Page H11165]] Subtotal, Animal Health................................ 355,755 ------------ Agricultural Quarantine Inspection (Appropriated).......... 32,330 Cotton Pests............................................... 11,520 Field Crop & Rangeland Ecosystems Pests.................... 13,826 Pest Detection............................................. 27,446 Plant Protection Methods Development....................... 20,686 Specialty Crop Pests....................................... 192,013 Tree & Wood Pests.......................................... 60,000 ------------ Subtotal, Plant Health................................. 357,821 ------------ Wildlife Damage Management................................. 109,756 Wildlife Services Methods Development...................... 18,856 Subtotal, Wildlife Services............................ 128,612 ------------ Animal & Plant Health Regulatory Enforcement............... 16,224 Biotechnology Regulatory Services.......................... 18,875 ------------ Subtotal, Regulatory Services.......................... 35,099 ------------ Contingency Fund........................................... 470 Emergency Preparedness & Response.......................... 40,966 ------------ Subtotal, Emergency Management......................... 41,436 ------------ Agriculture Import/Export.................................. 15,599 Overseas Technical & Trade Operations...................... 24,115 ------------ Subtotal, Safe Trade................................... 39,714 ------------ Animal Welfare............................................. 31,310 Horse Protection........................................... 1,000 ------------ Subtotal, Animal Welfare............................... 32,310 ------------ APHIS Information Technology Infrastructure................ 4,251 Physical/Operational Security.............................. 5,146 Rent and DHS Payments...................................... 42,567 ------------ Subtotal, Agency Management............................ 51,964 ============ Total, Direct Appropriation........................ $1,042,711 ============ ------------------------------------------------------------------------ BUILDINGS AND FACILITIES The agreement provides $3,175,000 for APHIS Buildings and Facilities. Agricultural Marketing Service MARKETING SERVICES The agreement provides $186,936,000 for Agricultural Marketing Service. The agreement provides increases of $16,496,000 for implementation of the Hemp Production Program; $5,400,000 for the Farmers Market and Local Food Promotion Program; $4,454,000 for warehouse activities for one-time information technology investments; $2,000,000 for the Acer Access and Development Program; and $2,000,000 for the National Organic Program. The agreement recognizes the importance of consumer confidence in the integrity of the USDA Organic Seal. The agreement appreciates the work the USDA has done to increase training and certifier consistency with respect to dairy operations. The agreement urges USDA to continue to conduct this critical risk based oversight, particularly for large complex dairy operations. LIMITATION ON ADMINISTRATIVE EXPENSES The agreement includes a limitation on administrative expenses of $61,227,000. FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32) (INCLUDING TRANSFERS OF FUNDS) The agreement provides $20,705,000 for Funds for Strengthening Markets, Income, and Supply. The following table reflects the status of this fund for fiscal year 2020: ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Appropriation (30% of Customs Receipts)................. $15,123,425 Less Transfers: Food and Nutrition Service.......................... -13,535,591 Commerce Department................................. -183,834 Total, Transfers.................................... -13,719,425 --------------- Budget Authority, Farm Bill......................... 1,404,000 --------------- Rescisison of Current Year Funds: Apprpriations Temporarily Reduced-- Sequestration....... -72,275 Budget Authority, Appropriations Act................ 1,331,725 --------------- Less Obligations: Child Nutrition Programs (Entitlement Commodities).. 485,000 State Option Contract............................... 5,000 Removal of Defective Commodities.................... 2,500 Disaster Relief..................................... 5,000 Additional Fruits, Vegetables, and Nuts Purchases... 206,000 Fresh Fruit and Vegetable Program................... 179,000 Estimated Future Needs.............................. 392,667 Total, Commodity Procurement.................... 1,275,167 --------------- Administrative Funds: Commodity Purchase Support.......................... 35,853 Marketing Agreements and Orders..................... 20,705 Total, Administrative Funds..................... 56,558 --------------- Total Obligations............................... $1,331,725 ------------------------------------------------------------------------ PAYMENTS TO STATES AND POSSESSIONS The agreement provides $1,235,000 for Payments to States and Possessions. LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES The agreement includes a limitation on inspection and weighing services expenses of $55,000,000. Office of the Under Secretary for Food Safety The agreement provides $800,000 for the Office of the Under Secretary for Food Safety. Food Safety and Inspection Service The agreement provides $1,054,344,000 for the Food Safety and Inspection Service. The following table reflects the agreement: FOOD SAFETY AND INSPECTION SERVICE [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Federal.................................................... $936,324 State...................................................... 66,682 International.............................................. 16,758 Public Health Data Communications Infrastructure System.... 34,580 ============ Total, Food Safety and Inspection Service.............. $1,054,344 ------------------------------------------------------------------------ TITLE II Farm Production and Conservation Programs Office of the Under Secretary for Farm Production and Conservation The agreement provides $901,000 for the Office of the Under Secretary for Farm Production and Conservation. The agreement recognizes the importance of disaster planning and directs the Department to work with producers that want to voluntarily develop disaster plans to prevent livestock deaths and injuries. Farm Production and Conservation Business Center SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) The agreement provides $203,877,000 for the Farm Production and Conservation (FPAC) Business Center. In addition, $16,081,000 is transferred from the Agricultural Credit Insurance Fund and $60,228,000 is transferred from the Commodity Credit Corporation. The agreement recognizes the Farm and Production Conservation (FPAC) Business Center was created with the goal of consolidating administrative functions. The agreement directs the Secretary to report to the Committees, within 60 days of enactment, on what efficiencies have been gained, by which metrics the Business Center is being measured, how the Business Center will accelerate hiring going forward, and any existing plans for additional reorganizations of staff into the Business Center. Farm Service Agency SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) The agreement provides $1,122,837,000 for Farm Service Agency, Salaries and Expenses. The agreement includes an additional $35,000,000 for the hiring of farm loan officers, county office trainees, and county office staff to address staffing shortages across the country. The total also accepts the proposed information technology savings and provides a net increase of $6,182,000 for IT improvements. The agreement acknowledges the Department met the FSA Workload Study as directed by House Report 114-205 through the Optimally Productive Office (OPO) Study. The OPO provides FPAC's frontline leaders with a set of tools that enables them to better manage field capacity by focusing on both level and distribution of staff as well as location of offices by using data-driven methods. At this time, as the Committees continue to analyze the results of the OPO Study, the agreement continues language preventing the closure of FSA county offices. The agreement recognizes avian predation and disease threaten the viability of the U.S. aquaculture industry. The agreement notes that the Secretary is authorized to provide relief to farm raised fish producers under 7 U.S.C. 9081(d)(2) for losses due to disease, or other factors as determined by the Secretary. The agreement directs FSA within 180 days of enactment to amend the existing regulations under 7 C.F.R. 1416 to ensure producers of farm-raised fish intended for human consumption are eligible to receive payments for death losses due to disease or avian predation. The agreement directs FSA to work with ranchers to tailor the Livestock Indemnity Program (LIP) to address unique circumstances, such as panther and bald eagle depredation, which are currently preventing producers from receiving compensation for losses. The following table reflects the agreement: [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Salaries and expenses...................................... $1,122,837 Transfer from P.L. 480................................. 142 Transfer from export loans............................. 318 Transfer from ACIF..................................... 290,917 ============ Total, FSA Salaries and expenses................... $1,414,214 ------------------------------------------------------------------------ STATE MEDIATION GRANTS The agreement provides $5,545,000 for State Mediation Grants. GRASSROOTS SOURCE WATER PROTECTION PROGRAM The agreement provides $6,500,000 for the Grassroots Source Water Protection Program. DAIRY INDEMNITY PROGRAM (INCLUDING TRANSFER OF FUNDS) The agreement provides $500,000 for the Dairy Indemnity Program. [[Page H11166]] AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The agreement provides $8,431,016,000 for the ACIF program account. The following table reflects the agreement: [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan Authorizations: Farm Ownership Loans: Direct................................................. $1,875,000 Guaranteed............................................. 2,750,000 Subtotal, Farm Ownership Loans..................... 4,625,000 ------------ Farm Operating Loans: Direct................................................. 1,550,133 Unsubsidized Guaranteed................................ 1,960,000 Subtotal, Farm Operating Loans..................... 3,510,133 ------------ Emergency Loans............................................ 37,668 Indian Tribe Land Acquisition Loans........................ 20,000 Conservation Loans-Guaranteed.............................. 150,000 Relending Program.......................................... 18,215 Indian Highly Fractionated Land............................ 10,000 Boll Weevil Eradication.................................... 60,000 Total, Loan Authorizations................................. 8,431,016 ============ Loan Subsidies: Farm Operating Loan Subsidies: Direct................................................. 58,440 Unsubsidized Guaranteed................................ 20,972 Subtotal, Farm Operating Subsidies................. 79,412 ------------ Emergency Loans........................................ 2,023 Relending Program...................................... 5,000 Indian Highly Fractionated Land........................ 2,745 Boll Weevil Eradication................................ 60 Total, Loan Subsidies.............................. 89,240 ============ ACIF Expenses: Salaries and Expenses.................................. 290,917 Administrative Expenses................................ 10,070 Transfer to FPAC Business Center....................... 16,081 Total, ACIF Expenses............................... $317,068 ============ ------------------------------------------------------------------------ Risk Management Agency SALARIES AND EXPENSES The agreement provides $58,361,000 for the Risk Management Agency (RMA), Salaries and Expenses. Natural Resources Conservation Service CONSERVATION OPERATIONS The agreement provides $829,628,000 for Conservation Operations. The agreement provides $9,400,000 for the Snow Survey and Water Forecasting Program; $9,481,000 for the Plant Materials Centers; $74,987,000 the Soil Surveys Program; and $735,760,000 for Conservation Technical Assistance, of which $9,834,000 is for the farmers.gov Customer Experience Portal program. The agreement acknowledges many States and Tribal Lands lack adequate coverage of weather service monitors to accurately report weather conditions, such as drought. The agreement directs NRCS to work with States, Tribal Organizations, and local governments to help purchase new or upgrade existing weather stations to improve reporting accuracy. WATERSHED AND FLOOD PREVENTION OPERATIONS The agreement provides $175,000,000 for Watershed and Flood Prevention Operations. WATERSHED REHABILITATION PROGRAM The agreement provides $10,000,000 for the Watershed Rehabilitation Program. CORPORATIONS Federal CROP Insurance Corporation Fund The agreement provides such sums as may be necessary for the Federal Crop Insurance Corporation Fund. Commodity Credit Corporation Fund REIMBURSEMENT FOR NET REALIZED LOSSES (INCLUDING TRANSFERS OF FUNDS) The agreement provides such sums as may be necessary for Reimbursement for Net Realized Losses of the Commodity Credit Corporation. HAZARDOUS WASTE MANAGEMENT (LIMITATION ON EXPENSES) The agreement provides a limitation of $5,000,000 for Hazardous Waste Management. TITLE III RURAL DEVELOPMENT PROGRAMS Office of the Under Secretary for Rural Development The agreement provides $800,000 for the Office of the Under Secretary for Rural Development. The agreement requires the Secretary to prioritize the maintenance needs for rural housing facilities and staff needs which shall include: (1) oversight of aging rental housing program properties with capital repair needs; (2) the needs of staff overseeing the Rural Housing Service and field staff conducting housing inspections; and (3) enforcement against property owners when those owners fail to make necessary repairs. The agreement provides an additional $555,000,000 for the Re-Connect program to increase access to broadband connectivity in unserved and underserved rural communities targeting areas of the country with the largest broadband coverage gaps, including those with mountainous terrains. As the Department concludes the first round of applications it is encouraged to complete an assessment of the first round. The agreement recognizes possible unintended consequences and unanticipated obstacles may have arisen in varying program stages and requests USDA to make necessary improvements to the program moving forward. This may include, but is not limited to, convening interested stakeholders, reassessing scoring criteria and considering the challenges of accurate broadband speed maps. The agreement reiterates the importance of maximizing these investments and avoiding any duplication of existing networks built by private investment or those built leveraging and utilizing other Federal programs. Rural Development SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) The agreement provides $247,835,000 for Rural Development, Salaries and Expenses. The agreement directs the Secretary to have no fewer than 4,600 full time on board staff by the end of fiscal year 2020, and directs the Department to provide a quarterly update listing total Full Time Equivalents (FTE). The agreement provides an additional $1,000,000 for the Rural Development mission area to enter into a request for proposal to identify a public-private partnership or partnerships with expertise and experience working with rural communities in ``place-making'' as a way to foster simultaneously the adoption of broadband services and the creation of greater social and cultural vitality. Selection criteria must include geographic and ethnic diversity as well as such factors as the revitalization and shaping of future town centers, community and county wellbeing and economic vitality, and the enhancement of full community participation in creating growth strategies. An annual report shall be provided to Congress on the accelerators of and impediments to success of implementation of broadband, integration of all rural development programs and drivers for making a place more livable. Rural Housing Service RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The agreement provides a total subsidy of $538,939,000 for activities under the Rural Housing Insurance Fund Program Account. The following table indicates loan, subsidy, and grant levels provided by the agreement: [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan authorizations: Single family housing (sec. 502) Direct................................................. $1,000,000 Unsubsidized guaranteed................................ 24,000,000 Housing repair (sec. 504).................................. 28,000 Rental housing (sec. 515).................................. 40,000 Multi-family guaranteed (sec. 538)......................... 230,000 Site development loans (sec. 524).......................... 5,000 Credit sales of acquired property.......................... 10,000 Self-help housing land development (sec. 523).............. 5,000 Farm labor housing......................................... 28,000 Total, Loan authorizations............................. $25,346,000 ============ Loan subsidies, grants & administrative expenses: Single family housing (sec. 502) Direct................................................. $90,000 Housing repair (sec. 504).................................. 4,679 Rental housing (sec. 515).................................. 12,144 Farm labor housing (sec. 514).............................. 8,739 Site development loans (sec. 524).......................... 546 Self-help land development (sec. 523)...................... 577 Total, loan subsidies.................................. 116,685 ------------ Farm labor housing grants.................................. 10,000 Total, loan subsidies and grants....................... 126,685 ------------ Administrative expenses (transfer to RD)................... 412,254 Total, Loan subsidies, grants, and administrative $538,939 expenses.............................................. ============ ------------------------------------------------------------------------ RENTAL ASSISTANCE PROGRAM The agreement provides $1,375,000,000 for the Rental Assistance Program. MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT The agreement provides $60,000,000 for the Multi-Family Housing Revitalization Program Account, including $32,000,000 to fully fund rural housing voucher demand as estimated by USDA. MUTUAL AND SELF-HELP HOUSING GRANTS The agreement provides $31,000,000 for Mutual and Self-Help Housing Grants. RURAL HOUSING ASSISTANCE GRANTS The agreement provides $45,000,000 for Rural Housing Assistance Grants. The following table reflects the grant levels provided by the agreement: [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Very low income housing repair grants...................... $30,000 Housing preservation grants................................ 15,000 Total, grant program................................... $45,000 ============ ------------------------------------------------------------------------ RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The agreement provides $49,000,000 for the Rural Community Facilities Program Account. The agreement notes that the House and Senate reports contain reporting requirements for Community Facilities loans, and encourages Rural Development to make these available on the Department's website. The agreement recognizes the importance of courthouses in rural impoverished communities, particularly persistent poverty counties, and notes that renovation and repair of these courthouses are an eligible activity under the Community Facilities Direct Loan and Grant program. [[Page H11167]] The following table reflects the loan, subsidy, and grant amounts provided by the agreement: [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan authorizations: CF direct loans........................................ $2,800,000 CF guaranteed loans.................................... 500,000 Loan subsidies and grants: CF grants.............................................. 32,000 Rural Community Development Initiative................. 6,000 Economic Impact Initiative............................. 6,000 Tribal college grants.................................. 5,000 Total, subsidy and grants.......................... $49,000 ============ ------------------------------------------------------------------------ Rural Business--Cooperative Service RURAL BUSINESS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The agreement provides $66,500,000 for the Rural Business Program Account. The agreement recognizes that certain territories may not have unemployment rates by localities. In this event, the agreement encourages USDA to consider granting priority points for unemployment rates when an applicant does not have unemployment rates by localities but the applicant's proposed service area has an unemployment rate exceeding 125 percent of the national average. The following table reflects the loan, subsidy, and grant levels provided by the agreement: (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan level: Business and industry guaranteed loans................. $1,000,000 Loan subsidy and grants: Business and industry guaranteed loans................. 20,500 Rural business development grants...................... 37,000 Delta Regional Authority/Appalachian Regional 9,000 Commission/Northern Border Regional Commission........ Total, Rural Business Program subsidy and grants... $66,500 ============ ------------------------------------------------------------------------ INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT (INCLUDING TRANSFER OF FUNDS) The agreement provides $9,687,000 for the Intermediary Relending Program Fund Account. The following table reflects the loan and subsidy levels provided by the agreement: [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan level: Estimated loan level................................... $18,889 Subsidies and administrative expenses: Direct loan subsidy level.............................. 5,219 Administrative expenses.................................... 4,468 Subtotal, subsidies and administrative expenses........ $9,687 ============ ------------------------------------------------------------------------ RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT The agreement provides $50,000,000 for the Rural Economic Development Loans Program Account. RURAL COOPERATIVE DEVELOPMENT GRANTS The agreement provides $26,600,000 for Rural Cooperative Development Grants. Rural Microentrepreneur Program The agreement provides $6,000,000 for the Rural Micro- Entrepreneur Program. RURAL ENERGY FOR AMERICA PROGRAM The agreement provides $706,000 for the Rural Energy for America Program. Rural Utilities Service RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The agreement provides $659,480,000 for the Rural Utilities Service Rural Water and Waste Disposal Program Account. The following table reflects the loan, subsidy, and grant levels provided by the agreement: (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan authorizations: Water and waste direct loans........................... $1,400,000 Water and waste guaranteed loans....................... 50,000 Subsidies and grants: Water and Waste Direct Loans........................... 63,840 Guaranteed loan subsidy................................ 70 Water and waste revolving fund......................... 1,000 Water well system grants............................... 5,000 Grants for Colonias, Native Americans, and Alaska 68,000 Native Villages....................................... Water and waste technical assistance grants............ 30,000 Circuit Rider program.................................. 19,570 Solid waste management grants.......................... 4,000 High energy cost grants................................ 10,000 Water and waste disposal grants........................ 443,000 306A(i)(2) grants...................................... 15,000 Total, subsidies and grants........................ $659,480 ============ ------------------------------------------------------------------------ RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The agreement provides $37,065,000 for activities under the Rural Electrification and Telecommunications Loans Program Account. The following table indicates loan levels provided by the agreement: [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan authorizations: Electric: Direct, FFB............................................ $5,500,000 Guaranteed underwriting................................ 750,000 Subtotal, electric................................. 6,250,000 ------------ Telecommunications: Direct, treasury rate.................................. 345,000 Direct, FFB............................................ 345,000 Loan subsidy: Direct, treasury rate.................................. 3,795 Total, loan authorizations......................... 6,940,000 ------------ Administrative expenses............................ 33,270 Total, budget authority............................ $37,065 ============ ------------------------------------------------------------------------ DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM The agreement provides $87,000,000 for the Distance Learning, Telemedicine, and Broadband Program. The following table indicates loan levels provided by the agreement: [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Loan authorization: Broadband telecommunications........................... $11,179 Total, loan authorization.......................... 11,179 ------------ Subsidy and grants: Distance learning and telemedicine grants.............. 50,000 Broadband telecommunications program Direct (treasury rate loans)........................... 2,000 Grants................................................. 35,000 Total, subsidies and grants........................ $87,000 ============ ------------------------------------------------------------------------ TITLE IV DOMESTIC FOOD PROGRAMS Office of the Under Secretary for Food, Nutrition, and Consumer Services The agreement provides $800,000 for the Office of the Under Secretary for Food, Nutrition, and Consumer Services. The agreement requires the Secretary to conduct a study on the challenges that the Food Distribution Program on Indian Reservations, and other food distribution programs administered by the Secretary, face in reaching underserved populations. An emphasis should be placed on the homebound and elderly to better capture data on the population of people unable to travel to a distribution location. Food and Nutrition Service CHILD NUTRITION PROGRAMS (INCLUDING TRANSFERS OF FUNDS) The agreement provides $23,615,098,000 for Child Nutrition Programs, including $1,000,000 in Team Nutrition to help schools meet the sodium-reduction targets. Summer EBT is an effective program that has been proven to lower food insecurity. The agreement encourages FNS to consider previous recipients to continue building on the investments and nutritional gains made. The agreement directs the Department to review its decision to maintain the current crediting standard for strained, high-protein yogurt, and requests a briefing to better understand food crediting in the Child Nutrition. The agreement provides the following for Child Nutrition Programs: TOTAL OBLIGATIONAL AUTHORITY (Dollars in Thousands) ------------------------------------------------------------------------ ------------------------------------------------------------------------ School lunch program.................................... $12,507,478 School breakfast program................................ 4,831,384 Child and adult care food program....................... 3,835,706 Summer food service program............................. 526,385 Special milk program.................................... 7,064 State administrative expenses........................... 314,922 Commodity procurement................................... 1,419,968 Team Nutrition.......................................... 18,004 Food safety education................................... 2,929 Coordinated review...................................... 10,000 Computer support and processing......................... 12,124 CACFP training and technical assistance................. 33,935 Child Nutrition Program studies and evaluations......... 14,999 Child Nutrition payment accuracy........................ 11,203 Farm to school tactical team............................ 3,997 School meals equipment grants........................... 30,000 Summer EBT demonstration................................ 35,000 --------------- Total........................................... $23,615,098 ------------------------------------------------------------------------ SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) The agreement provides $6,000,000,000 for the Special Supplemental Nutrition Program for Women, Infants, and Children. The agreement fully funds anticipated participation for fiscal year 2020. Included in the agreement is $90,000,000 for breastfeeding peer counselors and $14,000,000 for infrastructure. The work of the National Academies of Science (NAS) to review and make recommendations for updating the WIC food packages to reflect current science and cultural factors is recognized. The agreement notes, however, that while all revised packages now allow some fish, the amounts remain low compared to the recommendations of other authoritative health agencies. The agreement strongly encourages the Department to consider the health and cultural benefits of fish consumption as the NAS recommendations are reviewed and used to inform the Department's next course of action. [[Page H11168]] The agreement also strongly encourages the Department to continue to allow states to submit cultural food package proposals to respond to the cultural preferences of WIC participants in states like Alaska. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM The agreement provides $67,886,285,000 for the Supplemental Nutrition Assistance Program (SNAP). The agreement provides $5,000,000 for the nationwide implementation of the National Accuracy Clearinghouse, as described in Section 4011 of the Agriculture Improvement Act of 2018. The agreement provides the following for SNAP: TOTAL OBLIGATIONAL AUTHORITY [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Benefits................................................ $56,164,372 Contingency reserve..................................... 3,000,000 Administrative costs: State administrative costs.............................. 4,965,651 Nutrition Education and Obesity Prevention Grant Program 441,000 Employment and Training................................. 613,694 Mandatory other program costs........................... 218,289 Discretionary other program costs....................... 998 Administrative subtotal................................. 6,239,632 --------------- Nutrition Assistance for Puerto Rico (NAP).............. 1,969,741 American Samoa.......................................... 7,911 Food Distribution Program on Indian Reservations........ 160,231 TEFAP commodities....................................... 322,250 Commonwealth of the Northern Mariana Islands............ 12,148 Community Food Projects................................. 5,000 Program access.......................................... 5,000 Subtotal............................................ 2,482,281 --------------- Total........................................... $67,886,285 =============== ------------------------------------------------------------------------ COMMODITY ASSISTANCE PROGRAM The agreement provides $344,248,000 for the Commodity Assistance Program. The agreement provides $245,000,000 for the Commodity Supplemental Food Program; $18,548,000 for the Farmers' Market Nutrition Program; and $79,630,000 for the Emergency Food Assistance Program. NUTRITION PROGRAMS ADMINISTRATION The agreement provides $155,891,000 for Nutrition Programs Administration. TITLE V FOREIGN ASSISTANCE AND RELATED PROGRAMS Office of the Under Secretary for Trade and Foreign Agricultural Affairs The agreement provides $875,000 for the Office of the Under Secretary for Trade and Foreign Agricultural Affairs. Office of Codex Alimentarius The agreement provides $4,775,000 for the Office of Codex Alimentarius. Foreign Agricultural Service SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) The agreement provides $215,513,000 for the Foreign Agricultural Service, Salaries and Expenses and a transfer of $6,063,000. The agreement provides increases of $900,000 for Capital Security Cost Sharing, $1,600,000 for International Cooperative Administrative Support Services, $1,530,000 for locally engaged staff and $593,000 for Biotech. Within the amount provided, the agreement also includes $7,200,000 for the Country Strategy Support Fund. FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The agreement provides $142,000 for administrative expenses for the Food for Peace Title I Direct Credit and Food for Progress Program Account to be transferred to and merged with the appropriation for ``Farm Service Agency, Salaries and Expenses''. FOOD FOR PEACE TITLE II GRANTS The agreement provides $1,725,000,000 for Food for Peace Title II Grants. McGovern-Dole International Food for Education and Child Nutrition Program Grants The agreement provides $220,000,000 for the McGovern-Dole International Food for Education and Child Nutrition Program. COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) The agreement provides $6,381,000 for the Commodity Credit Corporation Export Loans Credit Guarantee Program Account. TITLE VI RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION Department of Health and Human Services FOOD AND DRUG ADMINISTRATION SALARIES AND EXPENSES The agreement provides $3,159,678,000 in discretionary budget authority and $2,612,764,000 in definite user fees for a total of $5,772,442,000 for Food and Drug Administration, Salaries and Expenses. This total does not include permanent, indefinite user fees for: the Mammography Quality Standards Act; Color Certification; Export Certification; Priority Review Vouchers Pediatric Disease; Food and Feed Recall; Food Reinspection; Voluntary Qualified Importer Program; the Third Party Auditor Program; Outsourcing Facility; and Over-the- Counter Monograph. The agreement expects the FDA to continue all projects, activities, laboratories, and programs as included in fiscal year 2019 unless otherwise specified, and maintains the $1,500,000 transfer to the Health and Human Services' Inspector General for its audit and oversight work involving the FDA. The agreement provides an increase of $91,000,000, of which $78,900,000 is for medical product and food safety activities and $12,100,000 for critical infrastructure improvements. Within the increases provided for medical products safety, the agreement includes $7,000,000 for Medical Countermeasures Initiatives; $10,000,000 for Integrated Pathogen Reduction of the Blood Supply; $1,000,000 for the Office of Laboratory Safety; $9,000,000 for Compounding; $4,000,000 to Transform Medical Device Safety, Cybersecurity, Review, and Innovation; $2,000,000 for MedTech Manufacturing; $1,900,000 for Modernizing Generic Drug Development and Review; $8,000,000 to combat the Opioid Epidemic, $5,000,000 for Rare Cancer Therapeutics; and $1,000,000 for the Pediatric Device Consortia. Within the increases provided for food safety activities, the agreement provides $5,000,000 for Promoting Innovation and Emerging Technology While Maintaining Product Safety, of which $500,000 is to address pentobarbital in pet food; $7,000,000 for Advancing FSMA; $8,000,000 for Strengthening Response Capabilities for Foodborne Outbreaks; $3,000,000 for the Office of Dietary Supplements; $5,000,000 for Imported Seafood Safety Pilot; $2,000,000 for Cannabidiol (CBD) activities; $500,000 for the National Antimicrobial Resistance Monitoring System (NARMS); and $1,000,000 for Standards of Identity Activities for Foods. The agreement includes $2,000,000 for research, policy evaluation, market surveillance, issuance of an enforcement discretion policy, and appropriate regulatory activities with respect to products under the jurisdiction of the FDA which contain CBD and meet the definition of hemp, as set forth in section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o). Within 60 days of enactment of this Act, the FDA shall provide the Committees with a report regarding the agency's progress toward obtaining and analyzing data to help determine a policy of enforcement discretion and the process in which CBD meeting the definition of hemp will be evaluated for use in products. The FDA is further directed to perform a sampling study of the current CBD marketplace to determine the extent to which products are mislabeled or adulterated and report to the Committees within 180 days of enactment of this Act. The agreement acknowledges the submission of a comprehensive petition pending at the FDA to establish a separate U.S. Standard of Identity for different grades of olive oil (e.g., extra virgin, virgin, and refined) and olive-pomace oils. With a pending petition now at the FDA, the agreement directs the FDA to complete work on this petition as expeditiously as possible. The agreement notes that the SUPPORT ACT (P.L. 115-271) granted the FDA new authority to require special packaging, including unit dose packaging, for opioids and other drugs that pose a serious risk of abuse or overdose for certain patients and directs the FDA to provide an update on the status of the review of comments received under the request for information within 90 days of enactment, including any proposed changes to the Opioid Analgesic Risk Evaluation and Mitigation Strategy (OA REMS) within 30 days after the FDA requires a modification to the OA REMS to require unit dose packaging for other opioids, should it do so. The agreement expects the Center for Food Safety and Applied Nutrition to fund at least at the 2019 level those agreements on outreach to farmers that are continued in 2020. The agreement encourages FDA to accelerate the review of penicillin allergy skin tests to address the serious and growing problem of antibiotic resistance. The agreement does not intend the language in Section 790 to apply to animals with an approved intentional genomic alteration other than the animals approved by FDA in November 2015 or to marketing of other animals genetically engineered to produce drugs. The agreement provides specific amounts by Food and Drug Administration activity as reflected in the following table: FOOD AND DRUG ADMINISTRATION--SALARIES & EXPENSES [Dollars in Thousands] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Budget Authority: Foods............................................... $1,088,881 Center for Food Safety and Applied Nutrition........ 341,966 Field Activities.................................. 746,915 Human Drugs......................................... 683,195 Center for Drug Evaluation and Research............. 507,726 Field Activities.................................. 175,469 Biologics........................................... 252,138 Center for Biologics Evaluation and Research........ 210,132 Field Activities.................................. 42,006 Animal Drugs and Feeds.............................. 190,869 Center for Veterinary Medicine...................... 122,099 Field Activities.................................. 68,770 [[Page H11169]] Devices and Radiological Products................... 395,168 Center for Devices and Radiological Health.......... 310,163 Field Activities.................................. 85,005 National Center for Toxicological Research.............. 66,712 Other Activities/Office of the Commissioner............. 185,420 White Oak Consolidation................................. 45,914 Other Rent and Rent Related Activities.................. 80,173 GSA Rent................................................ 171,208 Subtotal, Budget Authority.......................... 3,159,678 --------------- User Fees: Prescription Drug User Fee Act...................... 1,074,714 Medical Device User Fee and Modernization Act....... 220,142 Human Generic Drug User Fee Act..................... 513,223 Biosimilar User Fee Act............................. 41,923 Animal Drug User Fee Act............................ 30,611 Animal Generic Drug User Fee Act.................... 20,151 Tobacco Product User Fees........................... 712,000 Subtotal, User Fees............................. 2,612,764 --------------- Total, FDA Program Level.................... $5,772,442 =============== ------------------------------------------------------------------------ BUILDINGS AND FACILITIES The agreement provides $11,788,000 for the Food and Drug Administration Buildings and Facilities. FDA Innovation Account, Cures Act (INCLUDING TRANSFER OF FUNDS) The agreement provides $75,000,000 for the FDA as authorized in the 21st Century Cures Act. INDEPENDENT AGENCIES Commodity Futures Trading Commission The agreement provides $315,000,000 for the Commodity Futures Trading Commission. Farm Credit Administration LIMITATION ON ADMINISTRATIVE EXPENSES The agreement includes a limitation of $77,000,000 on administrative expenses of the Farm Credit Administration. TITLE VII GENERAL PROVISIONS (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) Section 701.--The bill includes language regarding motor vehicles. Section 702.--The bill includes language regarding the Working Capital Fund of the Department of Agriculture. Section 703.--The bill includes language limiting funding provided in the bill to one year unless otherwise specified. Section 704.--The bill includes language regarding indirect cost share. Section 705.--The bill includes language regarding the availability of loans funds in Rural Development programs. Section 706.--The bill includes language regarding new information technology systems. Section 707.--The bill includes language regarding fund availability in the Agriculture Management Assistance program. Section 708.--The bill includes language regarding Rural Utilities Service program eligibility. Section 709.--The bill includes language regarding funds for information technology expenses for the Farm Service Agency and the Rural Development mission area. Section 710.--The bill includes language prohibiting first- class airline travel. Section 711.--The bill includes language regarding the availability of certain funds of the Commodity Credit Corporation. Section 712.--The bill includes language regarding funding for advisory committees. Section 713.--The bill includes language regarding IT system regulations. Section 714.--The bill includes language regarding Section 32 activities. Section 715.--The bill includes language regarding user fee proposals without offsets. Section 716.--The bill includes language regarding the reprogramming of funds and notification requirements. Section 717.--The bill includes language regarding fees for the guaranteed business and industry loan program. Section 718.--The bill includes language regarding the appropriations hearing process. Section 719.--The bill includes language regarding government-sponsored news stories. Section 720.--The bill includes language regarding details and assignments of Department of Agriculture employees. Section 721.--The bill includes language regarding Rural Development programs. Section 722.--The bill includes language requiring spend plans. Section 723.--The bill includes language regarding nutrition programs. Section 724.--The bill includes language regarding section 502 single family direct loans. Section 725.--The bill includes language regarding USDA loan program levels. Section 726.--The bill includes language regarding credit card refunds and rebates. Section 727.--The bill includes language regarding the definition of the term ``variety'' in SNAP. Section 728.--The bill includes language regarding the Secretary's authority with respect to the 502 guaranteed loan programs. Section 729.--The bill includes language regarding electronically available information for prescribing healthcare professionals. Section 730.--The bill includes language regarding FDA regulations with respect to spent grains. Section 731.--The bill includes language regarding Food for Peace. Section 732.--The bill includes funding for the Rural Energy Savings Program. Section 733.--The bill includes language regarding country or regional audits. Section 734.--The bill includes language regarding partially hydrogenated oils. Section 735.--The bill includes language related to the Animal Welfare Act. Section 736.--The bill includes language regarding U.S. iron and steel products in public water or wastewater systems. Section 737.--The bill includes language regarding lobbying. Section 738.--The bill includes language relating to the use of raw or processed poultry products from the People's Republic of China in various domestic nutrition programs. Section 739.--The bill includes language related to the Federal Meat Inspection Act. Section 740.--The bill includes language related to persistent poverty counties. Section 741.--The bill includes language related to the importation of poultry products slaughtered in the People's Republic of China. Section 742.--The bill provides funding for the Farm to School program. Section 743.--The bill provides funding for the Healthy Foods Financing Initiative. Section 744.--The bill provides funding for activities related to citrus greening. Section 745.--The bill includes language related to investigational use of drugs or biological products. Section 746.--The bill includes language related to the growing, harvesting, packing and holding of certain produce. Section 747.--The bill includes language related to certain school food lunch prices. Section 748.--The bill provides funding for grants to enhance farming and ranching opportunities for military veterans. Section 749.--The bill includes language related to the school breakfast program. Section 750.--The bill includes language regarding hemp. Section 751.--The bill includes language related to Food and Drug Administration advice about eating fish. Section 752.--The bill provides funding for Centers of Excellence. Section 753.--The bill provides funding for rural hospital technical assistance. Section 754.--The bill provides funding for grants under the section 12502 of Public Law 115-334. Section 755.--The bill provides funding to carry out section 1621 of Public Law 110-246. Section 756.--The bill includes language related to the National Organic Program. Section 757.--The bill provides funding to carry out section 4003(b) of Public Law 115-334. Section 758.--The bill includes provides funding for a Conservation Reserve Program pilot program. Section 759.--The bill provides funding for the Water Bank program. Section 760.--The bill includes language related to Rural Economic Area Partnership Zones. Section 761.--The bill provides funding to carry out section 3307 of Public Law 115-334. Section 762.--The bill includes language related to matching fund requirements. Section 763.--The bill provides funding to carry out section 23 of the Child Nutrition Act of 1966. Section 764.--The bill provides funding for a pilot program related to multi-family housing borrowers. Section 765.--The bill includes language related to Rural Development Programs. Section 766.--The bill includes language related to the transfer of the National Bio and Agro-Defense Facility to the Department of Agriculture. Section 767.--The bill includes language related to biotechnology risk assessment research. Section 768.--The bill provides funding to carry out section 12302 of Public Law 115-334. Section 769.--The bill provides funding to carry out section 12504 of Public Law 115-334. Section 770.--The bill provides funding to carry out section 4208 of Public Law 115-334. Section 771.--The bill provides funding to carry out section 7209 of Public Law 115-334. Section 772.--The bill provides funding to carry out section 12301 of Public Law 115-334. Section 773.--The bill provides funding to carry out section 7120 of Public Law 115-334. Section 774.--The bill provides funding to carry out section 7208 of Public Law 115-334. Section 775.--The bill includes language related to potable water. Section 776.--The bill provides funding for purposes identified in House Report 116-107. Section 777.--The bill provides funding to carry out section 4206 of Public Law 115-334. Section 778.--The bill provides funding to carry out section 12513 of Public Law 115-334. Section 779.--The bill provides funding to carry out section 2103 of Public Law 115-334. Section 780.--The bill provides funding for Food and Drug Administration Buildings and Facilities. Section 781.--The bill provides funding to carry out section 6424 of Public Law 115-334. Section 782.--The bill rescinds funds from previous Acts. Section 783.--The bill provides funding for a pilot program for wastewater systems in historically impoverished areas. Section 784.--The bill includes language changing the due date of a study. Section 785.--The bill includes language related to information on illnesses associated with the use of certain e-cigarettes and vaping products. Section 786.--The bill includes language changing dates in Public Law 115-141. [[Page H11170]] Section 787.--The bill provides funding for rural broadband. Section 788.--The bill includes language related to the Animal Welfare Act and the Horse Protection Act. Section 789.--The bill includes language related to certain reorganizations within the Department of Agriculture. Section 790. The bill includes language related to genetically engineered salmon. Section 791.--The bill provides funding for disasters. Section 792.--The bill provides funding related to the prevention and treatment of Ebola. [[Page H11171]] [GRAPHIC] [TIFF OMITTED] TH161219.076 [[Page H11172]] [GRAPHIC] [TIFF OMITTED] TH161219.077 [[Page H11173]] [GRAPHIC] [TIFF OMITTED] TH161219.078 [[Page H11174]] [GRAPHIC] [TIFF OMITTED] TH161219.079 [[Page H11175]] [GRAPHIC] [TIFF OMITTED] TH161219.080 [[Page H11176]] [GRAPHIC] [TIFF OMITTED] TH161219.081 [[Page H11177]] [GRAPHIC] [TIFF OMITTED] TH161219.082 [[Page H11178]] [GRAPHIC] [TIFF OMITTED] TH161219.083 [[Page H11179]] [GRAPHIC] [TIFF OMITTED] TH161219.084 [[Page H11180]] [GRAPHIC] [TIFF OMITTED] TH161219.085 [[Page H11181]] [GRAPHIC] [TIFF OMITTED] TH161219.086 [[Page H11182]] [GRAPHIC] [TIFF OMITTED] TH161219.087 [[Page H11183]] [GRAPHIC] [TIFF OMITTED] TH161219.088 [[Page H11184]] [GRAPHIC] [TIFF OMITTED] TH161219.089 [[Page H11185]] [GRAPHIC] [TIFF OMITTED] TH161219.090 [[Page H11186]] [GRAPHIC] [TIFF OMITTED] TH161219.091 [[Page H11187]] [GRAPHIC] [TIFF OMITTED] TH161219.092 [[Page H11188]] [GRAPHIC] [TIFF OMITTED] TH161219.093 [[Page H11189]] [GRAPHIC] [TIFF OMITTED] TH161219.094 [[Page H11190]] [GRAPHIC] [TIFF OMITTED] TH161219.095 [[Page H11191]] [GRAPHIC] [TIFF OMITTED] TH161219.096 [[Page H11192]] [GRAPHIC] [TIFF OMITTED] TH161219.097 [[Page H11193]] [GRAPHIC] [TIFF OMITTED] TH161219.098 [[Page H11194]] [GRAPHIC] [TIFF OMITTED] TH161219.099 [[Page H11195]] [GRAPHIC] [TIFF OMITTED] TH161219.100 [[Page H11196]] [GRAPHIC] [TIFF OMITTED] TH161219.101 [[Page H11197]] [GRAPHIC] [TIFF OMITTED] TH161219.102 [[Page H11198]] DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 The following statement to the House of Representatives and the Senate is submitted in explanation of the agreed upon Act making appropriations for energy and water development for the fiscal year ending September 30, 2020, and for other purposes. This explanatory statement, while repeating some report language for emphasis, does not intend to negate the language and allocations set forth in House Report 116-83 (``House report'') and Senate Report 116-102 (``Senate report'') and that direction shall be complied with unless specifically addressed to the contrary in the accompanying bill or explanatory statement. Additionally, where this explanatory statement states that the ``agreement only includes'' or ``the following is the only'' direction, any direction included in the House or Senate report on that matter shall be considered as replaced with the direction provided within this explanatory statement. In cases where the House or the Senate has directed the submission of a report, such report is to be submitted to the Committees on Appropriations of both Houses of Congress. House or Senate reporting requirements with deadlines prior to or within 15 days of the enactment of this Act shall be submitted not later than 60 days after enactment of this Act. All other reporting deadlines not changed by this explanatory statement are to be met. Funds for the individual programs and activities within the accounts in this Act are displayed in the detailed table at the end of the explanatory statement for this Act. Funding levels that are not displayed in the detailed table are identified in this explanatory statement. In fiscal year 2020, for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99- 177), the following information provides the definition of the term ``program, project, or activity'' for departments and agencies under the jurisdiction of the Energy and Water Development Appropriations Act. The term ``program, project, or activity'' shall include the most specific level of budget items identified in the Energy and Water Development Appropriations Act, 2020 and the explanatory statement accompanying this Act. No specific funds for rejecting any application for a grant available under funds appropriated by this Act because of the use of the term ``global warming'' or the term ``climate change'' in the application are included for any agency funded in this Act. TITLE I--CORPS OF ENGINEERS--CIVIL DEPARTMENT OF THE ARMY Corps of Engineers--Civil The summary tables included in this title set forth the dispositions with respect to the individual appropriations, projects, and activities of the Corps of Engineers (Corps). Additional items of this Act are discussed below. Asian Carp.--The agreement acknowledges that the Corps completed the Report of the Chief of Engineers for the Great Lakes--Mississippi River Interbasin Study--Brandon Road Recommended Plan in fiscal year 2019. As the Corps prioritizes projects, it shall consider critical projects to prevent the spread of invasive species. The Corps is reminded that this critical project is eligible to compete for additional funding within the Investigations account in order to initiate Planning, Engineering, and Design (PED). The Corps is directed to provide to the Committees on Appropriations of both Houses of Congress quarterly updates on the progress and status of efforts to prevent the further spread of Asian carp, including the Brandon Road Recommended Plan, the location and density of carp populations, the use of emergency procedures previously authorized by Congress, and the development, consideration, and implementation of new technological and structural countermeasures. There is disappointment that the administration chose to cut Corps funding for the important inter-agency collaborative work to address Asian carp. The Corps shall continue to collaborate at levels commensurate with previous years with the U.S. Coast Guard, the U.S. Fish and Wildlife Service, the State of Illinois, and members of the Asian Carp Regional Coordinating Committee, including identifying navigation protocols that would be beneficial or effective in reducing the risk of vessels inadvertently carrying aquatic invasive species, including Asian carp, through the Brandon Road Lock and Dam in Joliet, Illinois. Any findings of such an evaluation shall be included in the quarterly briefings to the Committees on Appropriations of both Houses of Congress. The Corps is further directed to implement navigation protocols shown to be effective at reducing the risk of entrainment without jeopardizing the safety of vessels and crews. The Corps and other federal and state agencies are conducting ongoing research on potential solutions. The Corps shall brief the Committees on Appropriations of both Houses of Congress on such navigation protocols and potential solutions not later than 30 days after enactment of this Act. Budget Structure Changes.--The agreement includes House and Senate language regarding budget structure changes. Inland Waterways System.--The agreement includes House and Senate language. Regional Dredge Demonstration Program.--To respond more effectively to critical national dredging requirements resulting from significant recurring storm events, in combination with routine annual dredging demands, the agreement directs the Corps to execute a multi-year dredging demonstration program within the Central Gulf Coast Region. Key features of the program will explore innovative ways of executing dredging in a logical, sequenced manner, unconstrained by more traditional project-specific, account- specific, or single-year practices and seek efficiencies and cost savings by evaluating the region as a system to determine when combining work across multiple deep draft commercial navigation projects, across years, or across Construction and Operation and Maintenance accounts is appropriate. By including the Mississippi River Baton Rouge to the Gulf of Mexico (Southwest Pass) and other nearby Gulf Coast commercial navigation projects, the goals of the program are to include being more responsive to dredging demands within the region, while minimizing disruption to critical construction and maintenance dredging requirements enterprise-wide. To demonstrate the described multi-year efficiencies, the agreement includes $377,650,000 in a Regional Dredge Demonstration Program funding line item in the Construction account to be used for deep draft navigation projects in the Gulf of Mexico between Louisiana and Alabama within the Mississippi Valley Division and the South Atlantic Division Civil Works boundaries. The Corps shall select one deepening project in each eligible state for inclusion in the demonstration program. Projects that have previously received funding from the Construction account and require no new authorization shall be eligible for inclusion in the demonstration program. Consequently, such projects shall be considered ongoing and shall not require a new start designation. The agreement includes additional funding in the Operation and Maintenance account to support this demonstration program. Operation and Maintenance projects eligible for inclusion in the demonstration program may include Gulf of Mexico states between Florida and Texas, where appropriate. The agreement also includes Senate briefing and reporting requirements. Additional Funding The agreement includes funding above the budget request to ensure continued improvements to our national economy, public safety, and environmental health that result from water resources projects. This funding is for additional work that either was not included in the budget request or was inadequately budgeted. The bill contains a provision requiring the Corps to allocate funds in accordance with only the direction in this agreement. In lieu of all House and Senate direction--under any heading--regarding additional funding, new starts, and the fiscal year 2020 work plan, the Corps shall follow the direction included in this explanatory statement. The executive branch retains complete discretion over project-specific allocation decisions within the additional funds provided, subject to only the direction here and under the heading ``Additional Funding'' or ``Additional Funding for Ongoing Work'' within each of the Investigations, Construction, Mississippi River and Tributaries, and Operation and Maintenance accounts. A study or project may not be excluded from evaluation for being ``inconsistent with administration policy.'' Voluntary funding in excess of legally-required cost shares for studies and projects is acceptable, but shall not be used as a criterion for allocating the additional funding provided or for the selection of new starts. The administration is reminded that these funds are in addition to the budget request, and administration budget metrics shall not be a reason to disqualify a study or project from being funded. It is expected that all of the additional funding provided will be allocated to specific programs, projects, or activities. The focus of the allocation process shall favor the obligation, rather than expenditure, of funds. The Corps shall evaluate all studies and projects only within accounts and categories consistent with previous congressional funding. When allocating the additional funding provided in this Act, the Corps shall consider eligibility and implementation decisions under Public Law 115-123 and Public Law 116-20 so as to maximize the reduction of risk to public safety and infrastructure and the reduction of future damages from floods and storms nationwide. A project or study shall be eligible for additional funding within the Investigations, Construction, and Mississippi River and Tributaries accounts if: (1) it has received funding, other than through a reprogramming, in at least one of the previous three fiscal years; (2) it was previously funded and could reach a significant milestone, complete a discrete element of work, or produce significant outputs in calendar year 2020; or (3) as appropriate, it is selected as one of the new starts allowed in accordance with this Act and the additional direction provided below. None of the additional funding in any account may be used for any item where funding was specifically denied or for projects in the Continuing Authorities Program. Funds shall be allocated consistent with statutory cost share requirements. Work Plan.--Not later than 60 days after enactment of this Act, the Corps shall provide to the Committees on Appropriations of both Houses of Congress a work plan including the following information: (1) a detailed [[Page H11199]] description of the process and criteria used to evaluate studies and projects; (2) delineation of how these funds are to be allocated; (3) a summary of the work to be accomplished with each allocation, including phase of work and the study or project's remaining cost to complete (excluding Operation and Maintenance); and (4) a list of all studies and projects that were considered eligible for funding but did not receive funding, including an explanation of whether the study or project could have used funds in calendar year 2020 and the specific reasons each study or project was considered as being less competitive for an allocation of funds. New Starts.--The agreement includes six new starts in the Investigations account and six new starts in the Construction account to be distributed across the authorized mission areas of the Corps. Of the new starts in Investigations, one shall be for an environmental restoration study; one shall be for a multi- purpose watershed study to address coastal resiliency; one shall be for a flood and storm damage reduction study; one shall be for a flood and storm damage reduction study or environmental restoration study; and two shall be for navigation studies. Of the two navigation study starts, one may be for a Small, Remote or Subsistence Harbor navigation study. Of the new construction starts, two shall be for navigation projects; two shall be for environmental restoration projects, of which one shall be for the new project start requested by the administration pursuant to the Fiscal Year 2020 Budget amendments transmitted to Congress on May 13, 2019; and two shall be for flood and storm damage reduction, environmental restoration, or multi-purpose projects. No funding shall be used to initiate new programs, projects, or activities in the Mississippi River and Tributaries or Operation and Maintenance accounts. The Corps is directed to propose a single group of new starts as a part of the work plan. None of the funds may be used for any item for which the agreement has specifically denied funding. The Corps may not change or substitute the new starts selected once the work plan has been provided to the Committees on Appropriations of both Houses of Congress. Each new start shall be funded from the appropriate additional funding line item. Any project for which the new start requirements are not met by the end of calendar year 2020 shall be treated as if the project had not been selected as a new start; such a project shall be required to compete again for new start funding in future years. As all new starts are to be chosen by the Corps, all shall be considered of equal importance, and the expectation is that future budget submissions will include appropriate funding for all new starts selected. There continues to be confusion regarding the executive branch's policies and guidelines regarding which studies and projects require new start designations. Therefore, the Corps is directed to notify the Committees on Appropriations of both Houses of Congress at least seven days prior to execution of an agreement for construction of any project except environmental infrastructure projects and projects under the Continuing Authorities Program. Additionally, the agreement reiterates and clarifies previous congressional direction as follows. Neither study nor construction activities related to individual projects authorized under section 1037 of the Water Resources Reform and Development Act (WRRDA) of 2014 shall require a new start or new investment decision; these activities shall be considered ongoing work. No new start or new investment decision shall be required when moving from feasibility to PED. A new start designation shall be required to initiate construction of individually-authorized projects funded within programmatic line items. No new start or new investment decision shall be required to initiate work on a separable element of a project when construction of one or more separable elements of that project was initiated previously; it shall be considered ongoing work. A new construction start shall not be required for work undertaken to correct a design deficiency on an existing federal project; it shall be considered ongoing work. The Corps is reminded that resumptions are just that-- resumption of previously-initiated studies or projects and, as such, do not require new start designations. In addition to the priority factors used to allocate all additional funding provided in the Investigations account, the Corps should give careful consideration to the out-year budget impacts of the studies selected and to whether there appears to be an identifiable local sponsor that will be ready and able to provide, in a timely manner, the necessary cost share for the feasibility and PED phases. The Corps is reminded that the flood and storm damage reduction mission area can include instances where non-federal sponsors are seeking assistance with flood control and unauthorized discharges from permitted wastewater treatment facilities and that the navigation mission area includes work in remote and subsistence harbor areas. Within the flood and storm damage reduction mission, the Corps is urged to strive for an appropriate balance between inland and coastal projects. In addition to the priority factors used to allocate all additional funding provided in the Construction account, the Corps also shall consider the out-year budget impacts of the selected new starts, the cost sharing sponsor's ability and willingness to promptly provide the cash contribution, if any, as well as required lands, easements, rights-of-way, relocations, and disposal areas. When considering new construction starts, only those that can execute a project cost sharing agreement not later than December 31, 2020, shall be chosen. To ensure that the new construction starts are affordable and will not unduly delay completion of any ongoing projects, the Secretary is required to submit to the Committees on Appropriations of both Houses of Congress a realistic out- year budget scenario prior to issuing a work allowance for a new start. It is understood that specific budget decisions are made on an annual basis and that this scenario is neither a request for nor a guarantee of future funding for any project. Nonetheless, this scenario shall include an estimate of annual funding for each new start utilizing a realistic funding scenario through completion of the project, as well as the specific impacts of that estimated funding on the ability of the Corps to make continued progress on each previously funded construction project, including impacts to the optimum timeline and funding requirements of the ongoing projects, and on the ability to consider initiating new projects in the future. The scenario shall assume a Construction account funding level at the average of the past three budget requests. INVESTIGATIONS The agreement includes $151,000,000 for Investigations. The agreement includes legislative language regarding parameters for new study starts. The allocation for projects and activities within the Investigations account is shown in the following table: [[Page H11200]] [GRAPHIC] [TIFF OMITTED] TH161219.103 [[Page H11201]] [GRAPHIC] [TIFF OMITTED] TH161219.104 [[Page H11202]] [GRAPHIC] [TIFF OMITTED] TH161219.105 [[Page H11203]] Additional Funding.--The Corps is expected to allocate the additional funding provided in this account primarily to specific feasibility and PED phases, rather than to Remaining Items line items as has been the case in previous work plans. Of the additional funding provided in this account for environmental restoration or compliance, the Corps shall allocate not less than $9,782,000 for ecosystem restoration projects in the PED phase that have been funded within the last three years. Of the additional funding provided in this account for environmental restoration or compliance and other authorized project purposes, the Corps shall allocate not less than $2,000,000 for ecosystem restoration projects that are modifications to flood protection project authorizations to address degraded conditions due to prior flood protection work. Of the additional funding provided in this account for environmental restoration or compliance and other authorized project purposes, the Corps shall allocate not less than $200,000 to PED activities for ecosystem restoration projects that also provide additional flood storage capacity by restoring the natural habitat. Of the additional funding provided in this account for flood and storm damage reduction and flood control, the Corps shall allocate not less than $1,500,000 for PED for projects that are located in economically-disadvantaged communities where per capita income is less than half of the state and national averages and that have previously experienced loss of life due to flooding. Of the additional funding provided in this account for shore protection, the Corps shall allocate not less than $905,000 for the PED phase of beach renourishment projects that have been authorized by Congress for construction. Of the additional funding provided in this account, the Corps shall allocate not less than $10,380,000 for multipurpose projects in the PED phase that have been funded within the last three years. When allocating the additional funding provided in this account, the Corps shall consider giving priority to completing or accelerating ongoing studies or to initiating new studies that will enhance the nation's economic development, job growth, and international competitiveness; are for projects located in areas that have suffered recent natural disasters; are for projects that protect life and property; are for projects to restore floodplain and aquatic habitat through cost-effective and tested means; or are for projects to address legal requirements. The Corps shall use these funds for additional work in both the feasibility and PED phases. The agreement includes sufficient additional funding to undertake a significant amount of feasibility and PED work. The administration is reminded that a project study is not complete until the PED phase is complete. The Corps is reminded that the updating of economic analyses and economic impact studies are eligible to receive additional funding. Principles, Requirements, and Guidelines.--Not later than 60 days after enactment of this Act, the Corps shall brief the Committees on Appropriations of both Houses of Congress on the efforts necessary to develop implementation rules and guidelines for the final Principles, Requirements, and Guidelines for Federal Investments in Water Resources released in March 2013 and the final Interagency Guidelines released in December 2014. The Corps shall include in this briefing a timeline for completion of the implementation rules and guidelines, how the Corps' ongoing planning efforts would be impacted by implementation, impacts to funding prioritization, and any challenges associated with the development and implementation of such rules and guidelines. The Corps is urged to prioritize these efforts. CONSTRUCTION The agreement includes $2,681,000,000 for Construction. The agreement includes legislative language regarding Chickamauga Lock, Tennessee River, Tennessee. The agreement includes legislative language regarding parameters for new construction starts. The allocation for projects and activities within the Construction account is shown in the following table: [[Page H11204]] [GRAPHIC] [TIFF OMITTED] TH161219.106 [[Page H11205]] [GRAPHIC] [TIFF OMITTED] TH161219.107 [[Page H11206]] [GRAPHIC] [TIFF OMITTED] TH161219.108 [[Page H11207]] Updated Capability.--The agreement adjusts some project- specific allocations downward from the budget request based on updated information regarding the amount of work that could be accomplished in fiscal year 2020. Additional Funding.--The agreement includes additional funds for projects and activities to enhance the nation's economic growth and international competitiveness. Of the additional funding provided in this account for flood control, the Corps shall allocate not less than $20,000,000 to undertake studies and recommendations for construction resulting from a Dam Safety Modification Report completed under section 1177 of the WIIN Act (Public Law 114- 322), as amended. Of the additional funding provided in this account for flood and storm damage reduction and flood control, the Corps shall allocate not less than $20,000,000 to additional nonstructural flood control projects. Of the additional funding provided in this account for flood and storm damage reduction and flood control, the Corps shall allocate not less than $25,000,000 to continue construction of projects that principally address drainage in urban areas. Of the additional funding provided in this account for navigation and other authorized project purposes, the Corps shall allocate not less than $50,000,000 to continue activities to construct new navigation infrastructure for locks and Corps-owned bridges not on the inland waterways system. Of the additional funding provided in this account for environmental restoration or compliance and other authorized project purposes, the Corps shall allocate not less than $25,000,000 for multistate ecosystem restoration programs for which a comprehensive restoration plan is in development or has been completed, of which not less than $5,000,000 shall be for projects or programs that restore and rehabilitate native oyster reefs. Of the additional funding provided in this account for environmental restoration or compliance and other authorized project purposes, the Corps shall allocate not less than $28,000,000 for ecosystem restoration projects that have incidental flood risk management benefits. Of the additional funds provided in this account for flood and storm damage reduction, navigation, and other authorized project purposes, the Corps shall allocate not less than $35,000,000 to authorized reimbursements for projects with executed project cooperation agreements and that have completed construction or where non-federal sponsors intend to use the funds for additional water resources development activities. Of the additional funds provided in this account, the Corps shall allocate not less than $40,588,000 to projects with riverfront development components. Public Law 115-123 and Public Law 116-20 included funding within the Flood Control and Coastal Emergencies account to restore authorized shore protection projects to full project profile. That funding is expected to address most of the current year capability. Therefore, to ensure funding is not directed to where it cannot be used, the agreement includes $50,165,000 for construction of shore protection projects. The Corps is reminded that if additional work can be done, these projects are also eligible to compete for additional funding for flood and storm damage reduction. When allocating the additional funding provided in this account, the Corps is encouraged to evaluate authorized reimbursements in the same manner as if the projects were being evaluated for new or ongoing construction. The Corps shall not condition these funds, or any funds appropriated in this Act, on a non-federal interest paying more than their required share in any phase of a project. When allocating the additional funding provided in this account, the Corps shall consider giving priority to the following: 1. benefits of the funded work to the national economy; 2. extent to which the work will enhance national, regional, or local economic development; 3. number of jobs created directly and supported in the supply chain by the funded activity; 4. significance to national security, including the strategic significance of commodities; 5. ability to obligate the funds allocated within the calendar year, including consideration of the ability of the non-federal sponsor to provide any required cost share; 6. ability to complete the project, separable element, or project phase with the funds allocated; 7. legal requirements, including responsibilities to Tribes; 8. for flood and storm damage reduction projects (including authorized nonstructural measures and periodic beach renourishments), a. population, economic activity, or public infrastructure at risk, as appropriate; b. the severity of risk of flooding or the frequency with which an area has experienced flooding; and c. preservation of historically significant communities, culture, and heritage; 9. for shore protection projects, projects in areas that have suffered severe beach erosion requiring additional sand placement outside of the normal beach renourishment cycle or in which the normal beach renourishment cycle has been delayed, and projects in areas where there is risk of environmental contamination; 10. for navigation projects, the number of jobs or level of economic activity to be supported by completion of the project, separable element, or project phase; 11. for projects cost shared with the Inland Waterways Trust Fund (IWTF), the economic impact on the local, regional, and national economy if the project is not funded, as well as discrete elements of work that can be completed within the funding provided in this line item; 12. for other authorized project purposes and environmental restoration or compliance projects, to include the beneficial use of dredged material; and 13. for environmental infrastructure, projects with the greater economic impact, projects in rural communities, projects in communities with significant shoreline and instances of runoff, projects in or that benefit counties or parishes with high poverty rates, projects in financially- distressed municipalities, projects that improve stormwater capture capabilities, projects that provide backup raw water supply in the event of an emergency, and projects that will provide substantial benefits to water quality improvements. The following is the only direction with regard to the availability of additional funds for IWTF cost-shared projects. The agreement provides funds making use of all estimated annual revenues and some additional prior year revenues in the IWTF for ongoing projects. The agreement includes a total appropriation of $131,075,000 from the IWTF. The Corps shall continue to use, as appropriate, the Inland and Intracoastal Waterways Twenty-Year Capital Investment Strategy dated March 2016, as the applicable 20-year plan. The agreement considers the 20-year Capital Investment Strategy a planning document and therefore not subject to administration budget metrics. The Corps shall allocate all funds provided in the IWTF Revenues line item along with the statutory cost share from funds provided in the Navigation line item prior to allocating the remainder of funds in the Navigation line item. It is understood that the Corps is developing metrics for prioritization of environmental infrastructure projects. The Corps is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 120 days after enactment of this Act a briefing on these metrics. Notwithstanding the direction on new starts in the front matter of Title I, the Corps may allocate funds to at least one, but not more than two environmental infrastructure authorities not previously funded, which may include regional environmental infrastructure authorities. The Corps shall consider the impacts of future funding when selecting these projects. Alternative Delivery.--The Corps is reminded that Public- Private Partnerships and projects that utilize a split- delivery approach are eligible for additional funding in this account. Aquatic Plant Control Program.--Of the funding provided for the Aquatic Plant Control Program, $1,000,000 shall be for activities for monitoring, surveys, and control of the flowering rush. Of the funding provided for the Aquatic Plant Control Program, $5,000,000 shall be for nationwide research and development to address invasive aquatic plants; within this funding, the Corps is encouraged to support cost shared aquatic plant management programs. Of the funding provided for the Aquatic Plant Control Program, $15,000,000 shall be for watercraft inspection stations, as authorized by section 1039 of WRRDA, and $3,000,000 shall be for related monitoring. Beneficial Use of Dredged Material Pilot Program.--The agreement supports the pilot program authorized in section 1122 of the WIIN Act (Public Law 114-322), but concerns remain about implementation of the program. The agreement provides $7,500,000 for the 10 pilot projects selected to date within ``Beneficial Use of Dredged Material Pilot Program.'' The Corps shall not use Operation and Maintenance funds provided or allocated to the projects from which the dredged material is generated for costs beyond the costs of the Federal Standard. The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on the planned activities, costs estimates, and potential timelines for each of the 10 selected pilot projects. The Corps is further directed to brief the Committees on Appropriations of both Houses of Congress prior to any effort to solicit or select any additional pilot projects as authorized by the America's Water Infrastructure Act of 2018. Continuing Authorities Program.--The agreement supports all sections of the Continuing Authorities Program (CAP). Funding is provided for nine CAP sections at a total of $71,500,000, an increase of $68,500,000 above the budget request, which proposed funding for only three sections. This program provides a useful tool for the Corps to undertake small, localized projects without the lengthy study and authorization process typical of larger Corps projects. Within CAP and to the extent already authorized by law, the Corps is encouraged to consider projects that enhance coastal and ocean ecosystem resiliency and projects that restore degraded wetland habitat and stream habitat impacted by construction of Corps levees. The management of CAP shall continue consistent with direction provided in previous fiscal years. The Corps is encouraged to expedite the implementation of feasibility studies approved in 2019 under section 206 of the Flood [[Page H11208]] Control Act of 1958. The Corps shall allow for the advancement of flood control projects in combination with ecological benefits using natural and nature-based solutions alone or in combination with built infrastructure where appropriate for reliable risk reduction during the development of projects under section 205 of CAP. Charleston Harbor.--The agreement includes House and Senate direction and supports the budget request to fully fund, up to the amount in the budget request, the remaining construction activities once an amendment to the existing Project Partnership Agreement is executed. It is understood that the Corps and the non-federal sponsor are prepared to sign the agreement upon enactment of this Act to ensure expeditious completion of the deepening project. Murrieta Creek.--The non-federal sponsor intends to pursue a section 221 In-Kind Credit Contribution agreement with the Corps to do the design work to optimize the multi-purpose basin, find the most cost-effective design, and initiate excavation of the basin. The Corps is encouraged to move forward with timely approval of the agreement. The non- federal sponsor also is moving forward to address the outdated information in the Corps' economic side-by-side analysis for the project in order to identify the most cost- effective project. The Corps is directed to coordinate with the non-federal sponsor, as requested, in the economic update in order to have a strong basis for proceeding with the completion of the Limited Reevaluation Report. South Florida Ecosystem Restoration (SFER).--As in previous years, the agreement provides funding for all study and construction authorities related to Everglades restoration under the line item titled South Florida Ecosystem Restoration, Florida.'' This single line item allows the Corps flexibility in implementing the numerous activities underway in any given fiscal year. For fiscal year 2020, the Corps is directed to make publicly available a comprehensive snapshot of all SFER cost share accounting down to the project level and to ensure the accuracy of all budget justification sheets that inform SFER Integrated Financial Plan documents by October 31, 2020. MISSISSIPPI RIVER AND TRIBUTARIES The agreement includes $375,000,000 for Mississippi River and Tributaries. The allocation for projects and activities within the Mississippi River and Tributaries account is shown in the following table: [[Page H11209]] [GRAPHIC] [TIFF OMITTED] TH161219.109 [[Page H11210]] [GRAPHIC] [TIFF OMITTED] TH161219.110 [[Page H11211]] Additional Funding for Ongoing Work.--When allocating the additional funding provided in this account, the Corps shall consider giving priority to completing or accelerating ongoing work that will enhance the nation's economic development, job growth, and international competitiveness or are for studies or projects located in areas that have suffered recent natural disasters. While this funding is shown under Remaining Items, the Corps shall use these funds in investigations, construction, and operation and maintenance, as applicable. This may include work on remaining unconstructed features of projects permitted and authorized by law, in response to recent flood disasters. Of the additional funding provided in this account, the Corps shall allocate not less than $30,000,000 for additional flood control construction projects, of which $15,560,000 shall be for those projects with flood control, water quality, and sediment reduction benefits. Of the additional funding provided in this account for other authorized project purposes, the Corps shall allocate not less than $1,160,000 for operation and maintenance of facilities that are educational or to continue land management of mitigation features. Mississippi River Commission.--No funding is provided for this new line item. The Corps is directed to continue funding the costs of the commission from within the funds provided for activities within the Mississippi River and Tributaries project. Concerns have been raised that there is a lack of fisheries expertise when making decisions to open Corps spillways, specifically related to the economic and ecological consequences experienced by coastal communities and ecosystems. The Corps is urged to work with the National Oceanic and Atmospheric Administration to investigate options for ensuring that the membership and staff of the Mississippi River Commission include a fisheries expert. OPERATION AND MAINTENANCE The agreement includes $3,790,000,000 for Operation and Maintenance. The allocation for projects and activities within the Operation and Maintenance account is shown in the following table: [[Page H11212]] [GRAPHIC] [TIFF OMITTED] TH161219.111 [[Page H11213]] [GRAPHIC] [TIFF OMITTED] TH161219.112 [[Page H11214]] [GRAPHIC] [TIFF OMITTED] TH161219.113 [[Page H11215]] [GRAPHIC] [TIFF OMITTED] TH161219.114 [[Page H11216]] [GRAPHIC] [TIFF OMITTED] TH161219.115 [[Page H11217]] [GRAPHIC] [TIFF OMITTED] TH161219.116 [[Page H11218]] [GRAPHIC] [TIFF OMITTED] TH161219.117 [[Page H11219]] [GRAPHIC] [TIFF OMITTED] TH161219.118 [[Page H11220]] [GRAPHIC] [TIFF OMITTED] TH161219.119 [[Page H11221]] [GRAPHIC] [TIFF OMITTED] TH161219.120 [[Page H11222]] [GRAPHIC] [TIFF OMITTED] TH161219.121 [[Page H11223]] [GRAPHIC] [TIFF OMITTED] TH161219.122 [[Page H11224]] [GRAPHIC] [TIFF OMITTED] TH161219.123 [[Page H11225]] [GRAPHIC] [TIFF OMITTED] TH161219.124 [[Page H11226]] [GRAPHIC] [TIFF OMITTED] TH161219.125 [[Page H11227]] [GRAPHIC] [TIFF OMITTED] TH161219.126 [[Page H11228]] [GRAPHIC] [TIFF OMITTED] TH161219.127 [[Page H11229]] [GRAPHIC] [TIFF OMITTED] TH161219.128 [[Page H11230]] [GRAPHIC] [TIFF OMITTED] TH161219.129 [[Page H11231]] [GRAPHIC] [TIFF OMITTED] TH161219.130 [[Page H11232]] [GRAPHIC] [TIFF OMITTED] TH161219.131 [[Page H11233]] Updated Capability.--The agreement adjusts some project- specific allocations downward from the budget request based on updated information regarding the amount of work that could be accomplished in fiscal year 2020. Additional Funding for Ongoing Work.--Of the additional funding provided in this account for other authorized project purposes, the Corps shall allocate not less than $2,200,000 to continue greenway trail improvements at federal projects. Of the additional funding provided in this account for other authorized project purposes, the Corps shall allocate not less than $2,000,000 for efforts to combat invasive mussels at Corps-owned reservoirs. When allocating the additional funding provided in this account, the Corps shall consider giving priority to the following: 1. ability to complete ongoing work maintaining authorized depths and widths of harbors and shipping channels (including small, remote, or subsistence harbors), including where contaminated sediments are present; 2. ability to address critical maintenance backlog; 3. presence of the U.S. Coast Guard; 4. extent to which the work will enhance national, regional, or local economic development, including domestic manufacturing capacity; 5. extent to which the work will promote job growth or international competitiveness; 6. number of jobs created directly by the funded activity; 7. ability to obligate the funds allocated within the calendar year; 8. ability to complete the project, separable element, project phase, or useful increment of work within the funds allocated; 9. addressing hazardous barriers to navigation due to shallow channels; 10. risk of imminent failure or closure of the facility; 11. for small, remote, and subsistence harbors, a. low-use ports with unexpected levels of deterioration since their last dredging; and b. projects with public safety concerns; and 12. for harbor maintenance activities, a. total tonnage handled; b. total exports; c. total imports; d. dollar value of cargo handled; e. energy infrastructure and national security needs served; f. designation as strategic seaports; g. lack of alternative means of freight movement; h. savings over alternative means of freight movement; and i. improvements to dredge disposal facilities that will result in long-term savings, including a reduction in regular maintenance. Additional funding provided for donor and energy transfer ports shall be allocated in accordance with 33 U.S.C. 2238c. The Corps is encouraged to include funding for this program in future budget submissions. The Corps is directed to fully execute subsection (c) of 33 U.S.C. 2238c not later than 90 days after enactment of this Act. Concerns persist that the administration's criteria for navigation maintenance do not allow small, remote, or subsistence harbors and waterways to properly compete for scarce navigation maintenance funds. The Corps is directed to revise the criteria used for determining which navigation projects are funded in order to develop a reasonable and equitable allocation under this account. The agreement supports including criteria to evaluate the economic impact that these projects provide to local and regional economies. Aquatic Nuisance Research Program.--Concerns persist about the increasing threat to human health and public safety from harmful algal blooms (HABs) on our nation's surface waters. The agreement provides additional funds in Aquatic Nuisance Research Program to address HABs and to develop next generation ecological models to maintain inland and intracoastal waterways, which contribute over $649,000,000,000 annually to the U.S. economy. The agreement also provides additional funds to support research and development that will identify the formation of HABs and develop improved strategies for early detection, prevention, and management techniques and procedures to reduce the occurrence and impacts of HABs in the nation's water resources. The Corps is urged to work collaboratively with appropriate university partners to address these issues. The Corps is encouraged to explore opportunities to address HABs in the Great Lakes given the historic lake levels in the region. Coastal Inlet Research Program.--The agreement includes Senate direction. Gross Revenue Fees.--Improving public access to and usage of Corps facilities and the continued enhancement of those facilities are significant policy objectives. Concerns have been raised that current Corps policy and actions related to the fees placed on gross revenue have discouraged the enhancement of facilities and amenities at certain properties. Therefore, the Corps is urged to consider the impact of gross revenue fees on recreational opportunities and property enhancements when determining the level of assessed gross revenue fees. Levee Safety.--The agreement includes House and Senate direction. Monitoring of Completed Navigation Projects.--It is understood that the Corps continues to explore non- destructive testing methods of inspection that can assist in performing this vital mission with increased safety and accuracy and at significantly less cost than current methods. The agreement provides $2,000,000 for the Corps to complete an asset management plan regarding non-destructive testing methods. Within available funds, $4,000,000 shall be to support the structural health monitoring program to facilitate research to maximize operations, enhance efficiency, and protect asset life through catastrophic failure mitigation. Not later than 90 days after enactment of this Act, the Corps shall brief the Committees on Appropriations of both Houses of Congress on the status of these efforts, including future funding requirements. The agreement includes Senate direction regarding fisheries. Regional Dredge Demonstration Program.--Additional funds are provided in this account to support the demonstration program in accordance with the front matter under the heading ``Regional Dredge Demonstration Program.'' Scheduling of Reservoir Operations.--The agreement provides that not less than $4,000,000 of the additional funds provided in the Scheduling of Reservoir Operations line shall be for a water control manual update for a non-Corps owned high hazard dam where: (1) the Corps has a responsibility for flood control operations under section 7 of the Flood Control Act of 1944; (2) the dam requires coordination of water releases with one or more other high-hazard dams for flood control purposes; and (3) the dam owner is actively investigating the feasibility of applying forecast-informed reservoir operations technology. Water Control Manuals.--The agreement includes Senate direction. Regulatory Program The agreement includes $210,000,000 for the Regulatory Program. Additional funds included above the budget request are to be used by Districts to decrease permit review times. Formerly Utilized Sites Remedial Action Program The agreement includes $200,000,000 for the Formerly Utilized Sites Remedial Action Program. Flood Control and Coastal Emergencies The agreement includes $35,000,000 for Flood Control and Coastal Emergencies. Expenses The agreement includes $203,000,000 for Expenses. Office of the Assistant Secretary of the Army for Civil Works The agreement includes $5,000,000 for the Office of the Assistant Secretary of the Army for Civil Works. The agreement includes legislative language that restricts the availability of funding until the Secretary submits the required baseline report and a work plan that allocates at least 95 percent of the additional funding provided in each account (i.e., 95 percent of additional funding provided in Investigations, 95 percent of additional funding provided in Construction, etc.). This restriction shall not affect the roles and responsibilities established in previous fiscal years of the Office of the Assistant Secretary of the Army for Civil Works, the Corps headquarters, the Corps field operating agencies, or any other executive branch agency. A timely and accessible executive branch in the course of fulfilling its constitutional role in the appropriations process is essential. The requesting and receiving of basic, factual information, such as budget justification materials, is vital in order to maintain a transparent and open governing process. The agreement recognizes that some discussions internal to the executive branch are pre- decisional in nature and, therefore, not subject to disclosure. However, the access to facts, figures, and statistics that inform these decisions are not subject to this same sensitivity and are critical to the budget process. The administration shall ensure timely and complete responses to these inquiries. General Provisions--Corps of Engineers--Civil (Including Transfer Of Funds) The agreement includes a provision relating to reprogramming. The agreement includes a provision regarding the allocation of funds. The agreement includes a provision prohibiting the use of funds to carry out any contract that commits funds beyond the amounts appropriated for that program, project, or activity. The agreement includes a provision concerning funding transfers related to fish hatcheries. The agreement includes a provision regarding certain dredged material disposal activities. The Corps is directed to brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on dredged material disposal issues. The agreement includes a provision prohibiting funds for reorganization of the Civil Works program. The agreement includes a provision regarding eligibility for additional funding. Whether a project is eligible for funding under a particular provision of additional funding is a function of the technical details of the project; it is not a policy decision. The Chief of Engineers is the federal government's technical expert responsible for execution of the Civil Works program and for offering [[Page H11234]] professional advice on its development. Therefore, the provision in this agreement clarifies that a project's eligibility for additional funding shall be solely the professional determination of the Chief of Engineers. The agreement includes a provision regarding reallocations at a project. TITLE II--DEPARTMENT OF THE INTERIOR Central Utah Project CENTRAL UTAH PROJECT COMPLETION ACCOUNT The agreement includes a total of $20,000,000 for the Central Utah Project Completion Account, which includes $16,700,000 for Central Utah Project construction, $1,800,000 for transfer to the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission, and $1,500,000 for necessary expenses of the Secretary of the Interior. Bureau of Reclamation In lieu of all House and Senate direction regarding additional funding and the fiscal year 2020 work plan, the agreement includes direction under the heading ``Additional Funding for Water and Related Resources Work'' in the Water and Related Resources account. Unmanned Aerial Systems.--Concerns remain about the threat posed to the national security of the United States by unmanned aerial systems (UAS) that are produced by foreign- owned or controlled corporations and operated by the Department of the Interior, to include Reclamation. The agreement supports the Department of the Interior's recent grounding of UAS produced by foreign-owned or controlled corporations and encourages Reclamation to work with other federal agencies to develop a strategy to end all United States Government reliance on UAS from foreign-owned or controlled corporations, while working with federal partners to find a suitable domestic alternative. WATER AND RELATED RESOURCES (INCLUDING TRANSFERS OF FUNDS) The agreement provides $1,512,151,000 for Water and Related Resources. The agreement includes legislative language, in accordance with Public Law 114-322, to allow the use of certain funding provided in fiscal years 2017 and 2018. The agreement for Water and Related Resources is shown in the following table: [[Page H11235]] [GRAPHIC] [TIFF OMITTED] TH161219.132 [[Page H11236]] [GRAPHIC] [TIFF OMITTED] TH161219.133 [[Page H11237]] [GRAPHIC] [TIFF OMITTED] TH161219.134 [[Page H11238]] [GRAPHIC] [TIFF OMITTED] TH161219.135 [[Page H11239]] [GRAPHIC] [TIFF OMITTED] TH161219.136 [[Page H11240]] [GRAPHIC] [TIFF OMITTED] TH161219.137 [[Page H11241]] [GRAPHIC] [TIFF OMITTED] TH161219.138 [[Page H11242]] [GRAPHIC] [TIFF OMITTED] TH161219.139 [[Page H11243]] Aamodt Litigation Settlement Act.--The agreement directs Reclamation to use funds on hand for this settlement to initiate construction of features necessary to prevent additional cost overruns. Additional Funding for Water and Related Resources Work.-- The agreement includes funds above the budget request for Water and Related Resources studies, projects, and activities. This funding is for additional work that either was not included in the budget request or was inadequately budgeted. Priority in allocating these funds should be given to advance and complete ongoing work, including preconstruction activities and where environmental compliance has been completed; improve water supply reliability; improve water deliveries; enhance national, regional, or local economic development; promote job growth; advance tribal and nontribal water settlement studies and activities; or address critical backlog maintenance and rehabilitation activities. Of the additional funding provided under the heading ``Water Conservation and Delivery,'' $134,000,000 shall be for water storage projects as authorized in section 4007 of the WIIN Act (Public Law 114-322). Of the additional funding provided under the heading ``Water Conservation and Delivery,'' not less than $20,000,000 shall be for construction activities related to projects found to be feasible by the Secretary and that are ready to initiate for the repair of critical Reclamation canals where operational conveyance capacity has been seriously impaired by factors such as age or land subsidence, especially those that would imminently jeopardize Reclamation's ability to meet water delivery obligations. Of the additional funding provided under the heading ``Water Conservation and Delivery,'' $20,000,000 shall be for water conservation activities in areas that are experiencing extended drought conditions. These water conservation activities shall include well construction and irrigation related structural or other measures, programs and projects that result in conservation of other surface water or groundwater, or improve water system efficiency, resiliency, reliability, delivery, and conveyance. Reclamation is directed to brief the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act on the status of carrying out these activities. Of the additional funding provided under the heading ``Environmental Restoration or Compliance,'' not less than $40,000,000 shall be for activities authorized under sections 4001 and 4010 of the WIIN Act (Public Law 114-322) or as set forth in federal-state plans for restoring threatened and endangered fish species affected by the operation of Reclamation's water projects. Funding associated with each category may be allocated to any eligible study or project, as appropriate, within that category; funding associated with each subcategory may be allocated only to eligible studies or projects, as appropriate, within that subcategory. Not later than 45 days after enactment of this Act, Reclamation shall provide to the Committees on Appropriations of both Houses of Congress a report delineating how these funds are to be distributed, in which phase the work is to be accomplished, and an explanation of the criteria and rankings used to justify each allocation. Reclamation is reminded that the following activities are eligible to compete for funding under the appropriate heading: activities authorized under Indian Water Rights Settlements; all authorized rural water projects, including those with tribal components, those with non-tribal components, and those with both; aquifer recharging efforts to address the ongoing backlog of related projects; conjunctive use projects and other projects to maximize groundwater storage and beneficial use; ongoing work, including preconstruction activities, on projects that provide new or existing water supplies through additional infrastructure; and activities authorized under section 206 of Public Law 113-235. Aquifer Storage and Recovery.--Of the funds provided in this account above the budget request, not less than $10,000,000 shall be for Aquifer Storage and Recovery projects focused on ensuring sustainable water supplies and protecting water quality with shared or multi-use aquifers, including municipal, agricultural irrigation, industrial, recreation, and domestic users. Research and Development: Desalination and Water Purification Program.--Of the funding provided for this program, $12,000,000 shall be for desalination projects as authorized in section 4009(a) of the WIIN Act (Public Law 114-322). WaterSMART Program: Title XVI Water Reclamation & Reuse Program.--Of the funding provided for this program, $20,000,000 shall be for water recycling and reuse projects as authorized in section 4009(c) of the WIIN Act (Public Law 114-322). Reclamation is reminded that Aquifer Storage and Recovery projects such as those cited in Reclamation's section 4009(c) Feasibility Study Review Findings dated September 2018 are eligible to compete for funding in this program. CALFED Water Storage Feasibility Studies.--The agreement includes Senate language. Pick-Sloan Ability-to-Pay.--Concerns persist that more than 30 Pick-Sloan irrigation districts served by Reclamation may experience significant financial impacts should Reclamation move forward with the proposal to change the eligibility requirements for the program related to user's ability to pay. Reclamation shall review the Pick-Sloan Missouri Basin Program authorizing legislation and brief the Committees on Appropriations of both Houses of Congress on its findings, including the extent to which Congress authorized relief from operation maintenance, and replacement costs for project use power in that program based on an irrigation district's ability to pay, how that authority has been applied over time, and the impacts of the currently proposed changes. For federal projects, Reclamation is directed to continue to consider irrigation district ability to pay consistent with the original intent of Congress and the 1944 Flood Control Act. Rural Water Projects.--Voluntary funding in excess of legally required cost shares for rural water projects is acceptable, but shall not be used by Reclamation as a criterion for allocating additional funding provided in this agreement or for budgeting in future years. Buried Metallic Water Pipe.--Reclamation shall continue following its temporary design guidance. CENTRAL VALLEY PROJECT RESTORATION FUND The agreement provides $54,849,000 for the Central Valley Project Restoration Fund. Anadromous Fish Screen Program.--The agreement includes House direction regarding the Anadromous Fish Screen Program. CALIFORNIA BAY-DELTA RESTORATION (INCLUDING TRANSFERS OF FUNDS) The agreement provides $33,000,000 for the California Bay- Delta Restoration Program. POLICY AND ADMINISTRATION The agreement provides $60,000,000 for Policy and Administration. Reclamation Project Reimbursability Decisions.--In September 2017, the Department of the Interior's Office of Inspector General released a report calling into question the transparency of Reclamation's financial participation in the State of California's Bay-Delta Conservation Plan. Although Reclamation disputed several findings and recommendations in the report, Reclamation has taken steps to update its current practices and internal guidelines to better align with report recommendations. Reclamation is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 10 days after enactment of this Act or after finalizing these updates, written copies of the relevant documents, and not later than February 29, 2020, a list of instances of redirecting appropriated funds from the intended purpose outlined in the previous year's budget request. Concerns remain regarding administrative delays and excessive review times in the award and implementation of financial assistance agreement funding. Reclamation is urged to address factors related to these issues, including lags in completing contracts, in a timely and efficient manner. ADMINISTRATIVE PROVISION The agreement includes a provision limiting Reclamation to purchase not more than five passenger vehicles for replacement only. General Provisions--Department of the Interior The agreement includes a provision outlining the circumstances under which the Bureau of Reclamation may reprogram funds. The agreement includes a provision regarding the San Luis Unit and Kesterson Reservoir in California. The agreement includes a provision regarding section 9504(e) of the Omnibus Public Land Management Act of 2009. The agreement includes a provision regarding the CALFED Bay-Delta Authorization Act. The agreement includes a provision regarding section 9106(g)(2) of the Omnibus Public Land Management Act of 2009. The agreement includes a provision regarding the Claims Resolution Act of 2010. TITLE III--DEPARTMENT OF ENERGY The agreement provides $38,586,316,000 for the Department of Energy to fund programs in its primary mission areas of science, energy, environment, and national security. The Department shall not use any equipment, system, or service that uses telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) or services as a substantial or essential component of any system; or as critical technology as part of any system; or maintain a contract with an entity that uses any equipment, system, or service that uses telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) or services as a substantial or essential component of any system; or as critical technology as part of any system. Working Capital Fund.--The agreement includes House report language regarding the Working Capital Fund. Research and Development Policy.--The Department is directed to maintain a diverse portfolio of early-, mid-, and late-stage research, development, and market transformation activities in each applied energy research and development program office. The Department is further directed to fully execute the funds appropriated in a timely manner and to keep the Committees on Appropriations of both Houses of Congress apprised of progress in implementing funded programs, projects, and activities. [[Page H11244]] U.S. Energy Employment Report.--The agreement only includes language in the Departmental Administration account. Nonprofit Foundation.--The agreement only includes language in the Departmental Administration account. Reprogramming Requirements The agreement carries the Department's reprogramming authority in statute to ensure that the Department carries out its programs consistent with congressional direction. The Department shall, when possible, submit consolidated, cumulative notifications to the Committees on Appropriations of both Houses of Congress. Definition.--A reprogramming includes the reallocation of funds from one program, project, or activity to another within an appropriation. For construction projects, a reprogramming constitutes the reallocation of funds from one construction project to another project or a change of $2,000,000 or 10 percent, whichever is less, in the scope of an approved project. ENERGY PROGRAMS Energy Efficiency and Renewable Energy (INCLUDING RESCISSION OF FUNDS) The agreement provides $2,848,000,000 for Energy Efficiency and Renewable Energy. The agreement also includes a rescission of $58,000,000 of unused funds previously appropriated under the Defense Production Act for biorefinery construction for a net appropriation of $2,790,000,000. Staffing.--The Department is directed to report to the Committees on Appropriations of both Houses of Congress not later than 30 days after enactment of this Act with a plan for reaching a staffing level of 675 to 700 full-time equivalents by the end of fiscal year 2020. Furthermore, not more than 50 percent of Working Capital Fund costs shall be paid out of the Program Direction account. Workforce Development.--Within available funds, the agreement provides $20,000,000 to partner with a land grant university to pursue leading-edge interdisciplinary research that promotes workforce development in emerging fields by supporting a coordinated expansion of existing joint graduate education programs with national laboratories to prepare the next generation of scientists and engineers. SUSTAINABLE TRANSPORTATION Vehicle Technologies.--Within available funds, the agreement includes not less than $174,700,000 for Battery and Electrification Technologies. The agreement provides not less than $40,000,000 for electric drive research and development, of which not less than $7,000,000 is to enable extreme fast charging and advanced battery analytics. Funding within Battery and Electrification Technologies shall also support research and development leading to improved methods for processing and integrating advanced metals into both lightweight structures and powertrain systems. The agreement provides $45,000,000 for Energy Efficient Mobility Systems and $40,000,000 for Materials Technology. Within Materials Technology, $32,500,000 is for early-stage research on multi-material joining and propulsion materials at the national laboratories and carbon fiber-reinforced composites at the Carbon Fiber Technology Facility. The agreement provides $70,000,000 for Advanced Engine and Fuel Technologies. Within available funds, the agreement provides $66,300,000 for Outreach, Deployment, and Analysis. Within this amount, $40,000,000 is for deployment through the Clean Cities Program. Within Outreach, Deployment, and Analysis, but outside of the Clean Cities Program, $20,000,000 is for up to five competitive grant awards to develop Electric Vehicle Community Partner Projects. Within available funds, up to $5,000,000 is to support research and development on two-stroke opposed piston engines to be conducted by industry-led teams. Bioenergy Technology.--Within available funds, the agreement includes $40,000,000 for feedstock supply and logistics, of which not less than $5,000,000 is for upgrades at the Biomass Feedstock National User Facility. Within available funds, not less than $40,000,000 is provided for Advanced Algal Systems. The agreement provides $9,500,000 for Analysis and Sustainability. Within funding available for Demonstration and Market Transformation, not less than $45,000,000 is provided to support the multi-year strategy for pre-pilot, pilot, and demonstration projects. The agreement provides $110,000,000 for Conversion Technologies. The agreement provides $10,000,000 to continue efforts to make full and innovative use of biomass, municipally-derived biosolids, and other carbon already available and impacting the environment, such as municipal solid waste, plastics, and livestock waste. Within available funds, not less than $10,000,000 is for a multi-university partnership to conduct research and enhance educational programs that improve alternative energy production derived from urban and suburban wastes. The Department is directed to collaborate with institutions in Canada and Mexico to leverage capacity and capitalize on North American resources. Hydrogen and Fuel Cell Technologies.--Within available funds, the agreement provides $7,000,000 to enable integrated energy systems using high- and low-temperature electrolyzers with the intent of advancing the H2@Scale concept and $10,000,000 to cost share the Office of Nuclear Energy hydrogen demonstration project. Within Technology Acceleration funds, $5,000,000 is for industry-led manufacturing. The agreement provides $45,000,000 for Hydrogen Fuel Research and Development; $25,000,000 for Hydrogen Infrastructure R&D; and $10,000,000 for safety, codes, and standards. RENEWABLE ENERGY Solar Energy.--The agreement provides $60,000,000 for Concentrating Solar Power research and development, $72,000,000 for Photovoltaic R&D, $50,000,000 for Systems Integration, and $60,000,000 for Innovations in Manufacturing Competitiveness. Within Balance of Systems Soft Costs, $1,000,000 is for the Solar Ready Vets program and $5,000,000 is for the National Community Solar Partnership program. The Department is directed to issue two funding opportunity announcements. The first announcement shall be for $20,000,000 to improve photovoltaic cell technologies, including thin-film solar cell technologies and cadmium telluride solar cell technologies, and to overcome grid integration challenges and reduce the costs of solar adoption. The second announcement shall be for $20,000,000 focused on perovskite research, including inherently scalable production methods such as solution processing, roll-to-roll manufacturing, the science of inherent material stability, and ultrahigh efficiency through tandem manufacturing. Wind Energy.--The agreement provides $31,800,000 for Land- Based Wind, $52,500,000 for Off-Shore Wind, and $9,700,000 for Grid Integration and Analysis. Within available funds, $10,000,000 is for distributed wind technologies. The agreement provides not less than $10,000,000 for a competitively awarded solicitation for additional project development for offshore wind demonstration projects. Water Power.--The agreement provides $109,000,000 for marine and hydrokinetic technologies. The agreement supports research and development, testing, and partnership activities for the Powering the Blue Economy Initiative within available funds. Within funding for marine and hydrokinetic technologies, $40,000,000 is provided for competitive grants to support industry- and university-led projects to validate the performance, reliability, maintainability, environmental impact, and cost of marine energy technology components, devices, and systems at a variety of scales, including full scale prototypes. Awards shall support a balanced portfolio of marine and hydrokinetic technologies. Awards shall support wave, ocean current, tidal, and in-river energy conversion components and systems across the high- and low-technology readiness spectrum to increase energy capture, reliability, survivability, and integration into local or regional grids for lower costs and to assess and monitor environmental effects. Within funds for competitive solicitations, not more than $10,000,000 is for the Testing Expertise and Access for Marine Energy Research Program. Within available funds, $10,000,000 is provided to address infrastructure needs at marine energy technology testing sites. The agreement provides $26,000,000 under 42 U.S.C. 16352(b)(4) for the open-water wave energy test facility. Not later than 60 days after enactment of this Act, the Department shall brief the Committees on Appropriations of both Houses of Congress on its plan for completing the wave energy test facility and funding its operations thereafter. The agreement provides not less than $5,000,000 to establish an Atlantic Marine Energy Center. The agreement provides $39,000,000 for conventional hydropower, of which $7,000,000 is for section 242 of the Energy Policy Act of 2005. Geothermal Technologies.--The agreement provides $69,000,000 for Enhanced Geothermal Systems. The agreement provides $20,000,000 for the Frontier Observatory for Research in Geothermal Energy (FORGE), with activities to include ongoing novel subsurface characterization, full-scale well drilling, and technology research and development to accelerate the commercial pathway to large-scale enhanced geothermal systems power generation. Not later than 60 days after enactment of this Act, the Department shall provide to the Committees on Appropriations of both Houses of Congress a briefing on the current status, research agenda, use by outside entities, and decommissioning plans for FORGE. Within available funds, $10,000,000 is provided to fund at least one demonstration project in an area with no obvious surface expression. The Department is further directed to fund at least one demonstration of geothermal technologies for innovative distribution of heat through ground-source heating and cooling of district heating. ENERGY EFFICIENCY Advanced Manufacturing.--The agreement provides $25,000,000 for the Energy-Water Desalination Hub and $25,000,000 for the Manufacturing Demonstration Facility (MDF) and the Carbon Fiber Technology Facility. Within available funds for MDF, $5,000,000 is provided for the development of additive systems and automation technologies. Within available funds, the agreement supports funding for Advanced Manufacturing Research and Development. The agreement provides $20,000,000 for process-informed science, design, and engineering materials and devices in harsh environments, including nuclear environments, and $5,000,000 for dynamic catalyst science coupled with data analytics. [[Page H11245]] The agreement provides $45,000,000 for Industrial Technical Assistance. Within available funds, the agreement provides $12,000,000 for Combined Heat and Power (CHP) Technical Assistance Partnerships (TAPs), including $5,000,000 for the TAPs and $7,000,000 for CHP activities; $10,000,000 for a voluntary technical assistance initiative to assist energy intensive manufacturing facilities and Senate direction on the prioritization of assistance and outreach to manufacturing facilities; $12,000,000 for 32 Industrial Assessment Centers; and $5,000,000 for wastewater treatment technical assistance and House direction regarding the Department's briefing to the Committees on Appropriations of both Houses of Congress on the plan to expand technical assistance in this area. The agreement provides $20,000,000 for research and development on technologies to achieve energy efficiency of water and wastewater treatment plants, including the deployment of alternative energy sources, as appropriate. The agreement provides up to $10,000,000 for the issuance of a competitive solicitation for university or industry-led teams to improve the efficiency of industrial drying processes and foster new and innovative drying technologies. The agreement provides $4,000,000 for additive manufacturing work on large wind blades that will allow for rapid prototyping, tooling, fabrication, and testing. The agreement provides $10,000,000 for district energy, within which the Department shall make grants to support demonstration projects that deploy community district energy projects in association with a renewably-fueled municipal generating station. Building Technologies.--The agreement provides $40,000,000 for Residential Buildings Integration, $50,000,000 for Commercial Buildings Integration, and $140,000,000 for Building Energy R&D referred to as Emerging Technologies in the Senate report. Within available funds, $25,000,000 is provided for solid- state lighting. If the Secretary finds solid-state lighting technology eligible for the Twenty-First Century Lamp prize, specified under section 655 of the Energy Independence and Security Act of 2007, $5,000,000 shall be made available to fund the prize or additional projects for solid-state lighting research and development. The agreement provides $55,000,000 for Equipment and Building Standards. Within Equipment and Building Standards, not less than $10,000,000 is for Building Energy Codes. Federal Energy Management Program.--The agreement provides $2,000,000 to establish a Performance-Based Contract National Resource Collaborative Initiative. Reports directed by the House and Senate shall be provided not later than 120 days after enactment of this Act. The agreement provides $11,000,000 for the Assisting Federal Facilities with Energy Conservation Technologies program. Weatherization and Intergovernmental Program.--Within available funds, the agreement provides $500,000 for technical assistance to continue the Sustainable Wastewater Infrastructure of the Future Accelerator. Strategic Programs.--The agreement provides $3,000,000 for the Energy Transition Initiative. Cybersecurity, Energy Security, and Emergency Response The agreement provides $156,000,000 for Cybersecurity, Energy Security, and Emergency Response. The agreement includes the proposed movement of the energy delivery system testing and analysis laboratory initiative from Cybersecurity for Energy Delivery Systems (CEDS) to Infrastructure Security and Energy Restoration (ISER). Within available funds for CEDS, the agreement provides $10,000,000 for Consequence-driven Cyber-informed Engineering, $10,000,000 for the DarkNet project, and $30,000,000 for the Advanced Threat Mitigation initiative. Within available funds for CEDS, $4,000,000 is provided for university-based research and development of scalable cyber- physical platforms for resilient and secure electric power systems that are flexible, modular, self-healing, and autonomous. Within available funds for CEDS, the Department is directed to provide $6,000,000 to continue to develop and deploy cyber and cyber-physical solutions for distribution and municipal utility companies. Electricity The agreement provides $190,000,000 for Electricity. Within Transmission Reliability, the agreement provides not less than $5,000,000 for the Grid Research Integration and Demonstration Center. Within Resilient Distribution Systems, the agreement provides not less than $10,000,000 for the COMMANDER (Coordinated Management of Microgrids and Networked Distributed Energy Resources) National Test Bed Laboratory. Within Energy Storage, the agreement provides not less than $5,000,000 for battery storage projects that meet the following criteria: are located in areas where grid capacity constraints result in curtailment of existing renewable wind energy generation; improve grid resilience for a public utility that is regularly affected by weather-related natural disasters; and provide rate reduction and renewable energy benefits to businesses, farms, and residents in an economically-stressed rural area. Nuclear Energy The agreement provides $1,493,408,000 for Nuclear Energy. The following is the only direction for Nuclear Energy. The agreement includes additional control points for fiscal year 2020, and the Department is directed to submit its fiscal year 2021 budget request using this budget structure. The fiscal year 2018 Act directed the Department to provide to the Committees on Appropriations of both Houses of Congress a report detailing all current programs and projects within the Office of Nuclear Energy, whether the Department plans to continue to support each program or project, and the expected out-year funding through completion of the program or project. The Committees are still awaiting this report, and the Department is directed to provide this report not later than 30 days after enactment of this Act. The Department may provide a briefing in lieu of a report, after consultation with the Committees. Nuclear Energy University Program (NEUP).--Since 2009, the Department has allocated up to 20 percent of funds appropriated to Nuclear Energy Research and Development programs to fund university-led R&D and university infrastructure projects through an open, competitive solicitation process using formally certified peer reviewers. The Department is directed to continue this practice, with not less than $40,000,000 for R&D activities performed at U.S. colleges and universities. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress quarterly briefings on the status of NEUP and the university work being funded. International Nuclear Energy Cooperation.--The agreement includes funds for International Nuclear Energy Cooperation activities within Program Direction. NUCLEAR ENERGY ENABLING TECHNOLOGIES Crosscutting Technology Development.--The agreement provides $10,000,000 for hybrid integrated energy systems and not less than $7,000,000 for work on advanced sensors and instrumentation. Nuclear Science User Facilities.--The agreement provides $10,000,000 for nuclear energy computation system and support, $3,000,000 for the Nuclear Materials Discovery and Qualification initiative, and not less than $3,000,000 to update the Nuclear Fuels and Materials Library. Joint Modeling and Simulation Program.--The Department is directed to manage the Energy Innovation Hub for Modeling and Simulation and the Nuclear Energy Advanced Modeling and Simulation Program as a single integrated program called the Joint Modeling and Simulation Program. FUEL CYCLE RESEARCH AND DEVELOPMENT Mining, Conversion, and Transportation.--The Department is directed to contract not later than 60 days after enactment of this Act with a Federally-Funded Research and Development Center (FFRDC) or other independent organization to work with industry to identify key challenges in reconstituting mining and conversion capabilities in the United States. The FFRDC or independent organization shall provide a report of its findings and recommendations directly to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act. The Department is directed to establish a team of experts across the national laboratories and industry to evaluate the anticipated demand for high-assay low-enriched uranium (HALEU) and the timing of that demand, and evaluate the options for meeting that demand. A report of the team's findings and recommendations shall be provided directly to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act. The Department is directed to contract with a company experienced in shipping nuclear materials to identify key challenges in shipping HALEU. The company shall provide a report of its findings and recommendations directly to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act a report that identifies any statutory, regulatory, and Departmental policy or procedural restrictions that would prevent or inhibit the Department from implementing public-private partnerships modeled after the National Aeronautics and Space Administration (NASA) Commercial Orbital Transportation System (COTS) experience. The report shall also specifically describe a payment-for- milestones approach to uranium enrichment capability development, similar to how NASA partnered with private companies in its COTS program. Material Recovery and Waste Form Development.--The agreement provides not less than $8,000,000 for EBR-II Processing for HALEU. Accident Tolerant Fuels.--The agreement provides $55,600,000 to continue the participation of three industry- led teams in Phase 2B of the cost-shared research and development program; $20,000,000 to support accident tolerant fuels development at the national laboratories and other facilities, including the Advanced Test Reactor and Transient Reactor Test Facility; $15,000,000 for testing, code development, and licensing of higher-enriched and higher burnup fuels; and $5,000,000 for development of silicon- carbide ceramic matrix composite cladding to be used in light water reactors. The Department shall award funding for silicon-carbide ceramic matrix composite cladding to individual participants within the industry-led teams that [[Page H11246]] have demonstrated fabrication expertise in silicon-carbide composites for nuclear fuel and have the expertise to scale- up to quantities that could support the current fleet. Fuel Cycle Laboratory R&D.--Within available funds, the Department is directed to pursue research and development for the use of innovative process control capabilities to support closed nuclear fuel cycles for advanced reactors. Used Nuclear Fuel Disposition R&D.--Within available funds, the Department is directed to study the behavior of spent fuel under transportation conditions and opportunities to improve safety of spent fuel rods during transportation. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act a report on innovative options for disposition of high-level waste and spent nuclear fuel management. Priority should be given to technological options that are cost-effective, are able to be implemented in the short term, and consider siting stakeholder engagement. The Department is encouraged to use research and development funding for innovative technological options. The National Academies of Sciences, Engineering, and Medicine is directed to evaluate the merits and viability of different nuclear fuel cycles and technology options, including both existing and future technologies. The evaluation must account for linkages among all elements of the fuel cycle (including waste transportation, storage, and disposal) and for broader safety, security, and non- proliferation concerns. The Department is directed to contract with the National Academy of Sciences (NAS) not later than 60 days after enactment of this Act to conduct a comprehensive, independent study on the waste aspects of advanced reactors. The NAS shall convene a committee whose members have expertise in advanced nuclear reactors, nuclear waste disposal, reprocessing, economics, and other areas of expertise that the NAS considers essential for completion of the study. Also, the NAS committee's consensus study report shall provide findings and recommendations that may consider policy options as long as those do not involve non-technical value judgements. The study's assessment shall include typical volumes and characteristics of waste streams from various proposed advanced nuclear reactor technologies, including radioisotopes of concern, radioactivity level, and thermal load. Advanced reactor technologies shall include the designs under consideration by the Generation IV International Forum and by the Department of Energy. The study shall also address unique disposal or storage requirements for these wastes and shall address the impact of possible reprocessing of spent nuclear fuel on waste generation. In addition, the study shall examine the economics of the possible waste disposal systems that could be required for the advanced reactors. The study shall be submitted to the Committees on Appropriations of both Houses of Congress not later than 20 months after enactment of this Act. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act a report on new electromagnetic technologies for the neutralization of radioactive wastes, including an evaluation of the scientific basis for the technology, potential effects on U.S. nuclear waste and storage, potential benefits to the nuclear power industry, and any implications for nuclear security. REACTOR CONCEPTS RESEARCH AND DEVELOPMENT Advanced Small Modular Reactor R&D.--The agreement provides $10,000,000 for the Joint Use Modular Program. Light Water Reactor Sustainability.--The agreement provides $11,000,000 for a hydrogen production demonstration. Advanced Reactor Technologies.--The agreement provides $20,000,000 for a new solicitation for at least two new public-private partnerships focused on advancing reactor designs towards demonstration phase, $20,000,000 for MW-scale reactor research and development, and $15,000,000 for Advanced Reactor Laboratory R&D. Versatile Advanced Test Reactor.--The agreement provides $65,000,000 for the Versatile Advanced Test Reactor, only for activities to support completion of CD-1. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress the CD-1 documentation immediately following the Department's approval of CD-1 for the Versatile Advanced Test Reactor. ADVANCED REACTOR DEMONSTRATION PROGRAM The agreement provides $230,000,000 for the Advanced Reactor Demonstration Program to demonstrate multiple advanced reactor designs. Any entity other than a national laboratory that receives fiscal year 2020 funds of more than $200,000 under the Advanced Small Modular Reactor R&D program is not eligible to receive fiscal year 2020 funds from within the Advanced Reactor Demonstration Program. The primary goal of this new program is to focus Department and non-federal resources on actual construction of real demonstration reactors that are safe and affordable (to build and operate) in the near- and mid-term. The Department is directed to streamline its procurement process and act aggressively to ensure implementation of this program is not delayed. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 30 days after enactment of this Act a briefing on the schedule and milestones for this program. National Reactor Innovation Center.--The agreement provides $20,000,000 for the National Reactor Innovation Center to support testing, demonstration, and performance assessment to accelerate deployment of advanced reactors. Advanced Reactor Demonstrations.--Not later than 30 days after enactment of this Act, the Secretary shall request proposals to build two demonstration advanced reactors. The agreement provides $160,000,000 for the first year of the two demonstrations, and the Department is directed to provide specific out-year cost profiles for each demonstration in future budget requests. The cost share for each demonstration project shall be up to 50 percent from the Department and not less than 50 percent from non-federal sources. For purposes of this program, an advanced reactor can be any light water or non-light water fission reactor with significant improvements compared to the current generation of operational reactors. Significant improvements may include inherent safety features, lower waste yields, greater fuel utilization, superior reliability, resistance to proliferation, increased thermal efficiency, and the ability to integrate into electric and nonelectric applications. For purposes of this program, a demonstration can be an advanced reactor operated as part of the power generation facilities of an electric utility system or in any other manner for the purpose of demonstrating the suitability for commercial application of the advanced nuclear reactor. The Secretary is directed to convene an evaluation board to review the proposals and recommend the best proposals to the Secretary based on the following criteria: (1) technical feasibility that the demonstration can be operational in five to seven years; (2) likelihood that the design can be licensed for safe operations by the Nuclear Regulatory Commission; (3) use of certified fuel design or demonstration of a clear path to certification within five to seven years; (4) affordability of the design for full-scale construction and cost of electricity generation; (5) ability of the team to provide its portion of the cost share; and (6) technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology. The evaluation board should consider diversity in designs for the advanced nuclear reactors to be demonstrated and must provide the Secretary with a recommendation of which two proposals best meet these criteria within 30 days of receipt of the proposals. The Secretary is directed to contract with the recommended teams unless the Secretary certifies that such a selection is not in the national interest. The Secretary is directed to ensure the evaluation board has the following members, in addition to any members the Secretary selects: (1) a representative from an electric utility that operates a nuclear power plant; (2) a representative from an entity that uses high-temperature process heat, district heating, hydrogen production, or heat for manufacturing, industrial processing, or other purposes; (3) experts from industry with experience in design, manufacturing, and operation of nuclear reactors; and (4) a representative from the finance industry with background in the nuclear field. Risk Reduction for Future Demonstrations.--The agreement provides $30,000,000 for Risk Reduction for Future Demonstrations. The Secretary is directed to select two to five teams that were not selected as one of the two Advanced Reactor Demonstrations and that represent a diversity in designs of the advanced nuclear reactors to enter into cost- share agreements to address technical risks in each proposal's reactor design. The cost share for this work shall be up to 80 percent from the Department and not less than 20 percent from non-federal sources. Regulatory Development.--The agreement provides $15,000,000 for Regulatory Development for the national laboratories to work with the Nuclear Regulatory Commission to identify and resolve technical challenges with licensing advanced reactors. Advanced Reactors Safeguards.--The agreement provides $5,000,000 for Advanced Reactors Safeguards to evaluate safeguards issues that are unique to advanced reactors. INFRASTRUCTURE INL Facilities Operations and Maintenance.--The Department is directed to brief the Committees on Appropriations of both Houses of Congress not later than 60 days after enactment of this Act on the funding levels required for operations and maintenance of activities at the Materials and Fuels Complex and Advanced Test Reactor. The briefing should include an accounting of how funds have been spent for the previous three fiscal years and how funds will be spent for the current fiscal year. The briefing should also include information for the next four fiscal years on the funding levels required for optimal operations for each facility and funding levels required for multi-year infrastructure improvements. Idaho Sitewide Safeguards and Security.--The agreement provides $15,600,000 to construct a protective forces building at the Materials and Fuels Complex that will meet the needs for expanded protective force and security operations under the Department's new Design Basis Threat but that will not exceed a total project cost of $15,600,000. [[Page H11247]] Fossil Energy Research and Development The agreement provides $750,000,000 for Fossil Energy Research and Development. The Department is directed to submit a report and provide a briefing to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act on the recommendations for program structures that could best support and maximize the impact of expanded research, development, and demonstration efforts in three areas: decarbonization of the industrial sector, direct air capture, and carbon use. The agreement provides not less than $20,000,000 for research and development of negative emissions technologies, including not less than $10,000,000 for direct air capture. Within available funds for Carbon Capture, $4,000,000 is for research and optimization of carbon capture technologies for use at industrial facilities and not less than $7,000,000 is for carbon capture research for natural gas power systems. Within available funds for Carbon Storage, $21,000,000 is for Carbon Use and Reuse. Within available funds for Advanced Energy Systems, $25,000,000 is for Advanced Turbines and $30,000,000 is for Advanced Coal Processing, of which not less than $10,000,000 is for utilizing coal as a precursor for high-value added products at the Carbon Fiber Technology Facility. The Department is directed to issue a funding opportunity announcement for $30,000,000 for Solid Oxide Fuel Cells that includes all topic areas as outlined in the recommendations of the Department's August 2019 Report on the Status of the Solid Oxide Fuel Cell Program. Within available funds for Cross Cutting Research, $39,000,000 is for Plant Optimization Technologies, which includes materials R&D, water management R&D, and sensors and controls, and $4,500,000 is for the Advanced Energy Storage Initiative. Within available funds for NETL Coal Research and Development, not less than $23,000,000 is for the recovery of rare earth elements and minerals from U.S. coal and coal byproduct sources. Within available funds for Natural Gas Technologies Research, $20,000,000 is for methane hydrate research; $12,000,000 is for Emissions Mitigation from Midstream Infrastructure; $6,000,000 is for Emissions Quantification from Natural Gas Infrastructure; and $12,000,000 is for Environmentally Prudent Development, including not less than $5,200,000 for the Risk Based Data Management System. The Department is directed to focus on the long-term flow test on the Alaska North Slope and continue planning for hydrates resource characterization in the Gulf of Mexico. Within Unconventional Fossil Energy Technologies, the Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act a report that outlines the Department's efforts to maintain a stable petroleum engineering workforce and knowledge base and future activities the Department can undertake to strengthen it. The agreement provides $50,000,000 for NETL Infrastructure, and the Department is directed to prioritize funds for Joule, the design and construction of a sensitive compartmented information facility, the Computational Science and Engineering Center, site-wide upgrades for safety, and addressing and avoiding deferred maintenance. Naval Petroleum and Oil Shale Reserves The agreement provides $14,000,000 for the operation of the Naval Petroleum and Oil Shale Reserves. Strategic Petroleum Reserve The agreement provides $195,000,000 for the Strategic Petroleum Reserve. Funding above the budget request is to address facilities development and operations, including physical security and cavern integrity, and to maintain 1,000,000 barrels of gasoline blendstock in the Northeast Gasoline Supply Reserve. The agreement includes legislative language regarding a drawdown and sale of oil in fiscal year 2020 and use of those proceeds. SPR Petroleum Account The agreement provides $10,000,000 for the SPR Petroleum Account to pay for the costs of certain statutorily-mandated crude oil sales. Northeast Home Heating Oil Reserve The agreement provides $10,000,000 for the Northeast Home Heating Oil Reserve. Energy Information Administration The agreement provides $126,800,000 for the Energy Information Administration. Non-Defense Environmental Cleanup The agreement provides $319,200,000 for Non-Defense Environmental Cleanup. Small Sites.--Within amounts for Small Sites cleanup, $31,000,000 is to continue work at Lawrence Berkeley National Laboratory, $18,200,000 is for the Energy Technology Engineering Center, $12,800,000 is for Idaho National Laboratory, $45,000,000 is for Moab, $10,000,000 is for excess Office of Science facilities, and $10,000,000 is for Oak Ridge activities. Long Term Management and Storage of Elemental Mercury.--The agreement provides $1,200,000 to comply with the Mercury Export Ban Act of 2008 (Public Law 110-414), as amended, regarding long-term management and storage of elemental mercury generated within the United States. The Mercury Export Ban Act of 2008 (MEBA) requires the Department to be reimbursed by waste generators of elemental mercury for the costs of providing such management and storage, including facility operation and maintenance, security, monitoring, reporting, personnel, administration, inspections, training, fire suppression, closure, and other costs required for compliance with applicable law. Uranium Enrichment Decontamination and Decommissioning Fund The agreement provides $881,000,000 for activities funded from the Uranium Enrichment Decontamination and Decommissioning Fund. Science The agreement provides $7,000,000,000 for the Office of Science. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act a plan that responds to the findings and recommendations in the Final Report of the Secretary of Energy Advisory Board Task Force on Biomedical Sciences. The plan shall include a reporting of successful collaborations between the Department and the National Institutes of Health to date and plans to expand on those efforts. The agreement provides $71,000,000 for Artificial Intelligence and Machine Learning for the six Office of Science programs to apply those capabilities to the Department's mission. The agreement provides $195,000,000 for Quantum Information Sciences across the Office of Science programs to advance early-stage fundamental research in this field of science, including $120,000,000 to carry out a basic research program on quantum information science and $75,000,000 for the establishment of up to five National Quantum Information Science Research Centers. To the greatest extent practical, this effort shall be undertaken in coordination with the National Science Foundation and the National Institute of Standards and Technology. The agreement provides not less than $10,000,000 and up to $15,000,000 for research in memory advancements for accelerated architectures used to enhance Artificial Intelligence and Machine Learning. The Department is directed to develop a collaborative research program to produce breakthroughs for intelligent memory systems that will enhance the ability of the Department to cost effectively address the largest problems in science while keeping the United States as the leader in semiconductor technologies for advanced computing. The agreement provides not less than $20,000,000 in Basic Energy Sciences and Biological and Environmental Research for research and development of negative emissions technologies, including not less than $5,000,000 for direct air capture. Advanced Scientific Computing Research (ASCR).--Within available funds, $150,000,000 is for the Argonne Leadership Computing Facility, $225,000,000 is for the Oak Ridge Leadership Computing Facility, $110,000,000 is for the National Energy Research Scientific Computing Center at Lawrence Berkeley National Laboratory, and $90,000,000 is for ESnet. Within available funds, not less than $39,000,000 is for Research and Evaluation Prototypes, of which not less than $10,000,000 is for the Computational Science Graduate Fellowship program. The agreement provides not less than $155,000,000 for Mathematical, Computational, and Computer Sciences Research. Basic Energy Sciences (BES).--Within available funds, not less than $15,000,000 and up to $20,000,000 is for the Fuels from Sunlight Energy Innovation Hub. Within available funds, $139,000,000 is for facilities operations of the Nanoscale Science Research Centers (NSRCs), $525,000,000 is for facilities operations of the nation's light sources, $292,000,000 is for facilities operations of the high flux neutron sources, and $115,000,000 is for the Energy Frontier Research Centers. The agreement provides no direction for the DISCOVER Beamline. Within available funds, $5,000,000 is for the NSRC Recapitalization project and $5,500,000 is for the NEXT-II project. Biological and Environmental Research (BER).--The agreement provides not less than $391,000,000 for Biological Systems Science. Within available funds, not less than $100,000,000 is for the four Bioenergy Research Centers; not less than $40,000,000 is for Biomolecular Characterization and Imaging Science, of which not less than $5,000,000 is to advance the study of complex biological systems and synthetic biology using neutrons; $77,000,000 is for the Joint Genome Institute; and not less than $5,000,000 is for low-dose radiation research. The Department is directed to develop a low-dose radiation research plan in coordination with the low-dose radiation research community, other federal agencies, and any other relevant entities. Within available funds, $30,000,000 is to build upon the current modeling-focused effort and to develop observational assets and associated research to study the nation's major land-water interfaces, including the Great Lakes, by leveraging national laboratories' assets as well as local infrastructure and expertise at universities and other research institutions. Within available funds, $15,000,000 is for cloud-aerosol research and computing. Within available funds, not less than $38,200,000 is for Terrestrial Ecosystem Science. Within available funds for Terrestrial Ecosystem Science, not less than [[Page H11248]] $10,000,000 is for Next Generation Ecosystem Experiments Arctic, $8,300,000 is for the SPRUCE field site, $7,000,000 is for Next Generation Ecosystem Experiments Tropics, $5,100,000 is for AmeriFLUX Long-Term Earth System Observations, and $5,000,000 is to initiate planning and pilot studies for new Terrestrial Ecosystem Science manipulation experiments. Within available funds, not less than $31,800,000 is for Subsurface Biogeochemical Research, including $6,800,000 for Watershed Function SFA and not less than $3,500,000 to support ongoing research and discovery related to mercury biogeochemical transformations in the environment. Fusion Energy Sciences (FES).--Within available funds, $68,000,000 is for NSTX-U operations; $4,000,000 is to support the Department's recent creation of the Innovation Network for Fusion Energy (INFUSE) research and development program; $20,000,000 is for High Energy Density Laboratory Plasmas, including activities for LaserNetUS; and $21,000,000 is for the Materials Plasma Exposure eXperiment. The Department is directed to expand the INFUSE program to allow for both domestic and international companies. The agreement does not include funds for the creation of a Fusion Public-Private Partnership Cost Share Program for reactor technologies at this time. The Fusion Energy Sciences Advisory Committee is directed to give full consideration to the establishment of a cost share program for reactor technologies as part of its ongoing long-range strategic planning activity. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act a plan on a possible cost share program for reactor technologies. The plan should include program objectives, eligibility requirements, and a funding profile for future fiscal years. The agreement provides $242,000,000 for the U.S. contribution to the ITER project, of which not less than $85,000,000 is for in-cash contributions. High Energy Physics (HEP).--Within available funds, $30,000,000 is for the Sanford Underground Research Facility, $100,000,000 is for the HL-LHC Upgrade Projects, and $15,000,000 is for the Large Synoptic Survey Telescope. Nuclear Physics (NP).--Within available funds, $28,500,000 is for operations at the Facility for Rare Isotope Beams. The Department is directed to provide optimal funding for operations, major items of equipment, and other project costs. Workforce Development for Teachers and Scientists (WDTS).-- The agreement provides $28,000,000 for Workforce Development for Teachers and Scientists. Within available funds, $13,500,000 is for Science Undergraduate Laboratory Internships, not less than $1,500,000 is for Community College Internships, and $4,500,000 is for the Graduate Student Research Program. Science Laboratories Infrastructure.--The agreement includes funding to complete the land and facilities acquisition for the Pacific Northwest National Laboratory. Advanced Research Projects Agency--Energy The agreement provides $425,000,000 for the Advanced Research Projects Agency--Energy. Title 17 Innovative Technology Loan Guarantee Program The agreement provides $32,000,000 in administrative expenses for the Loan Guarantee Program. The agreement is offset by $3,000,000 in estimated collections from loan guarantee applicants, for a net appropriation of $29,000,000. As provided in 42 U.S.C. 16511, the Secretary may make guarantees under this section only for projects that avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases and employ new or significantly improved technologies as compared to commercial technologies in service in the United States upon issuance of the loan guarantee. Advanced Technology Vehicles Manufacturing Loan Program The agreement provides $5,000,000 for the Advanced Technology Vehicles Manufacturing Loan Program. The agreement directs the Department to expeditiously evaluate and adjudicate all loan applications received. Tribal Energy Loan Guarantee Program The agreement provides $2,000,000 for the Tribal Energy Loan Guarantee Program. Office of Indian Energy Policy and Programs The agreement provides $22,000,000 for the Office of Indian Energy Policy and Programs. Departmental Administration The agreement provides $161,000,000 for Departmental Administration. Control Points.--In lieu of House and Senate direction on control points, the agreement includes eight reprogramming control points in this account to provide flexibility in the management of support functions. The Other Departmental Administration activity includes Management, Project Management Oversight and Assessments, Chief Human Capital Officer, Office of Technology Transitions, Office of Small and Disadvantaged Business Utilization, General Counsel, Office of Policy, and Public Affairs. The Department is directed to continue to submit a budget request that proposes a separate funding level for each of these activities. Within available funds for International Affairs, the agreement includes $2,000,000 for the Israel Binational Industrial Research and Development (BIRD) Foundation and $4,000,000 to continue the U.S.-Israel Center of Excellence in Energy Engineering and Water Technology. The agreement does not adopt the proposal to transfer staff from the applied energy offices to International Affairs. The Department shall brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on its plans to spend funds provided in this agreement for the Office of International Affairs. Chief Information Officer.--The agreement provides $2,000,000 for implementation of the 21st Century Integrated Digital Experience Act. Other Departmental Administration.--The agreement provides $5,000,000 above the budget request for the Office of Technology Transitions for a competitive funding opportunity for incubators supporting energy innovation clusters, with requirements as outlined in the House report. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act a report on the value of creating a nonprofit foundation, with requirements as outlined in the House and Senate reports. The agreement provides $1,700,000 within available funds for the Office of Policy to complete a U.S. energy employment report, with requirements as outlined in the House and Senate reports. The Department is directed to produce and release this report annually. The agreement provides $24,316,000 for the Chief Human Capital Officer and $32,575,000 for the Office of General Counsel. Energy Technology Commercialization Fund.--In making awards from the Energy Technology Commercialization Fund established under section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C. 16391(e)), the requirements for matching funds shall be determined by the Secretary of Energy in accordance with section 988 of that Act (42 U.S.C. 16352). Small Refinery Exemption.--The agreement does not include the Senate report direction regarding small refinery exemption. Office of the Inspector General The agreement provides $54,215,000 for the Office of the Inspector General. ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION The agreement provides $16,704,592,000 for the National Nuclear Security Administration (NNSA). The NNSA Act clearly lays out the functions of the NNSA and gives the Administrator authority over, and responsibility for, those functions. The agreement again directs that no funds shall be used to reorganize, re-classify, or study combining any of those functions with the Department. Weapons Activities The agreement provides $12,457,097,000 for Weapons Activities. W87-1 Modification Program.--In lieu of House direction, the agreement provides $112,011,000, of which not more than seventy-five percent shall be obligated until the NNSA provides to the Committees on Appropriations of both Houses of Congress a report on the W87-1 Modification Program that includes the following: (1) a list of all major design decisions that have been made or that remain open and a description and explanation of the cost trade-offs for each decision or potential decision including surety architecture, technologies, and potential component re-use; (2) identification of major risks and contingency plans to address each risk, including the risk that restarting plutonium pit production will not meet the current projected schedule; and (3) plans to address technology maturation and manufacturing readiness. Sea-Launched Cruise Missile Study.--In lieu of House direction, the agreement provides $80,204,000 for W80 Stockpile Systems and $5,607,000 in a new control point in Research, Development, Test, and Evaluation for assessments and studies to support the ongoing Department of Defense Analysis of Alternatives (AoA) for the Sea-Launched Cruise Missile. To improve oversight and visibility of these activities, the NNSA is directed to request funding for pre- Phase 6.1 activities within this new control point in all future budget requests. The NNSA is directed to brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on the status of the AoA and the range of options being considered. Not later than 180 days after enactment of this Act, the NNSA shall provide an estimate of the cost, schedule, and impact on NNSA's current workload for each option under consideration. In support of these efforts and of the AoA, the Weapons Program shall coordinate with NNSA's Office of Cost Estimating and Program Evaluation. B83 Stockpile Systems.--In lieu of House direction, the NNSA is directed to submit to the Committees on Appropriations of both the Houses of Congress not later than 180 days after enactment of this Act a report on the current status and future plans for the B83 system. The report shall identify options, along with rough-order of magnitude costs and key technical and policy milestones for meeting military requirements through retirement, retention, and extension, including the complete replacement of [[Page H11249]] the system. The report shall include an assessment of the supply and condition of limited-life components, and the testing requirements of key components. An unclassified version of the report shall be made available. Plutonium Pit Production.--Restarting plutonium pit production will require the construction of new facilities, refurbishment of existing facilities, and equipment installations. The financial accounting and management processes for these three types of capital acquisition efforts are different, making oversight of such a large project difficult. The Department is directed to manage capital acquisitions to increase the production capacity of PF-4 beyond 10 pits per year as well as associated general infrastructure investments at Los Alamos National Laboratory to support pit production as a single project, with multiple sub-projects, and should follow the requirements for project management under DOE Order 413. The Savannah River Pit Production Facility shall also be managed as a single project with multiple sub-projects under DOE Order 413. In addition, the Department is directed to provide to the Committees on Appropriations of both Houses of Congress, starting not later than 30 days after enactment of this Act, quarterly briefings that shall include the following: (1) the status of pits one through 10, including the cost estimate and schedule to completion, and major milestones and deliverables; (2) the status of the two projects for production beyond 10 pits per year, including the cost estimate and schedule to completion, and major milestones and deliverables; and (3) how the lessons learned from the Uranium Processing Facility Red Team Review are being applied to plutonium work. Science.--Within amounts for Academic Alliances, $5,000,000 shall be for Tribal Colleges and Universities and $25,000,000 shall be for the Minority Serving Institutions and Partnership Program. Inertial Confinement Fusion and High Yield.--Within available funds, not less than $344,000,000 is for the National Ignition Facility, not less than $80,000,000 is for OMEGA, not less than $66,900,000 is for the Z Facility, and not less than $6,000,000 is for the NIKE Laser at the Naval Research Laboratory. The agreement directs the NNSA to submit to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act a report on how the Joint Program in High Energy Density Laboratory Plasmas supports the national security mission of the agency. The NNSA shall submit to the Committees not later than 45 days after enactment of this Act a report, with appropriate classified annexes, describing the NNSA's plans to meet or exceed proposed near-peer technological developments with regard to laser and pulsed power facilities and technologies. The NNSA shall include a preliminary budget to build or modify existing facilities to address shortfalls and prevent technological surprise. Independent Review of the Inertial Confinement Fusion Program.--The agreement includes Senate direction. The NNSA is reminded that if it is determined that ignition science activities are necessary to maintain the stockpile, the review shall recommend and prioritize research areas that would improve the program. Stockpile Responsiveness Program.--A necessary part of maintaining a responsive stockpile in a cost-effective manner is understanding key drivers that impact the cost of life extension programs, modifications, and major alterations. The NNSA is directed to task the design and production agencies to work together to study cost drivers and the duration and periodicity of life extensions, modifications, and alterations and to provide recommendations to the Administrator not later than 120 days after enactment of this Act. The study should consider opportunities to improve the following: (1) the rigor with which technology and manufacturing assessments are conducted; (2) early engagement between design and production agencies; and (3) implementation of design for manufacture strategies. The NNSA is directed to provide to the Committees on Appropriations of both Houses of Congress the results and recommendations of the study not later than 30 days after completion of the study. Advanced Simulation and Computing.--Within available funds, the agreement provides $20,000,000 for advanced memory technology research and up to $48,000,000 for artificial intelligence to support NNSA work. Defense Nuclear Nonproliferation The agreement provides $2,164,400,000 for Defense Nuclear Nonproliferation. Transfer of Excess Plutonium.--No funds were requested to transfer excess plutonium from the State of South Carolina to the State of Nevada to comply with 50 U.S.C. 2566, and no funds are provided for this purpose. Global Material Security.--Within available funds, not less than $45,000,000 is for the Cesium Irradiator Replacement Program. Within this amount, up to $20,000,000 is to address the container breach in Seattle, Washington. The agreement also provides up to $12,000,000 to partner with state or local governments to train first-responders and experts in nuclear operations, safeguards, cybersecurity, and emergency operations. Material Management and Minimization.--Within amounts for Laboratory and Partnership Support, $10,000,000 is for technical support of global industry partners that are seeking to minimize the use of highly-enriched uranium in the production of Mo-99 and $35,000,000 is to support new competitively-awarded cooperative agreements to establish a stable domestic source of Mo-99. The NNSA may select one or more recipients and is directed to consider technology maturity in the selection process. Nonproliferation and Arms Control.--The agreement directs the NNSA to support technical and policy work conducted by the Office of Nuclear Energy to ensure nuclear safeguards, security measures, and technologies are integrated into advanced nuclear reactor designs. Naval Reactors (INCLUDING TRANSFER OF FUNDS) The agreement provides $1,648,396,000 for Naval Reactors. Federal Salaries and Expenses The agreement provides $434,699,000 for Federal Salaries and Expenses. The NNSA is directed to provide to the Committees on Appropriations of both Houses of Congress starting not later than 30 days after enactment of this Act a monthly update that includes monthly hiring, attrition, and costs, with the data broken out to show excepted service and non-excepted service employees separately. In addition, not later than July 1, 2020, the NNSA shall provide the Committees a briefing on its efforts to streamline hiring for non-excepted service employees and actions being taken to make full use of its hiring authorities. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Cleanup The agreement provides $6,255,000,000 for Defense Environmental Cleanup. Richland.--Within available funds for Central Plateau Remediation, the agreement redirects $11,800,000 in prior year funds from the Containerized Sludge Removal Project to replace and upgrade power supply infrastructure in support of direct feed low-activity waste operations. Further, within available funds, the Department is directed to carry out maintenance, repair, and public safety efforts at historical sites, such as B Reactor, including facility improvements needed to expand public access and interpretive programs. None of the Richland Operations funds shall be used to directly carry out waste removal or treatment activities within the Office of River Protection's tank farms. Idaho Site.--The Department is urged to continue developing and testing the methods and equipment necessary to retrieve and transfer calcine waste to a permanent repository. The Department should also continue the engineering design work required to install the calcine waste retrieval equipment in the Calcine Solids Storage facility. Oak Ridge Reservation.--The agreement provides no funding for the new landfill. The Department is directed to perform an evaluation of the cost of onsite disposal compared to offsite disposal, including the economic impacts to the local community, and to brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act. The bill provides $5,900,000 for Community and Regulatory Support. The Department is permitted to fund the Federal Facility Agreement (FFA) grant upon receiving a detailed work plan from the state for the upcoming year that identifies all critical work to be performed pursuant to the FFA grant and a schedule for meeting program milestones. Further, the Department is directed to provide quarterly updates on compliance with the work plan and schedule to the Committees on Appropriations of both Houses of Congress. Savannah River Site.--Within available funds for Risk Management Operations, the agreement provides $5,000,000 to begin remediation of the D-Area and $20,000,000 for H-Canyon operations. Any unused funds in the 05-D-405 Salt Waste Processing Facility construction line-item may be used for SWPF operations. Other Defense Activities The agreement provides $906,000,000 for Other Defense Activities. With respect to Order 140.1, concerns persist with the Order's demonstrated impacts on the ability of the DNFSB to carry out its congressionally-mandated responsibilities. To ensure the DNFSB can continue to meet its statutory oversight responsibilities, the Department is directed to collaborate with the DNFSB to address the Board's specific concerns with Order 140.1. The Department must demonstrate a renewed focus on adequate protection of public health and safety, including the health and safety of workers. The agreement includes the House requirement for an evaluation by the Comptroller General but does not include the House requirement regarding a Memorandum of Understanding. POWER MARKETING ADMINISTRATIONS Bonneville Power Administration Fund The agreement provides no appropriation for the Bonneville Power Administration, which derives its funding from revenues deposited into the Bonneville Power Administration Fund. The agreement includes legislative language permanently authorizing certain activities related to state clean energy programs. Operation and Maintenance, Southeastern Power Administration The agreement provides a net appropriation of $0 for the Southeastern Power Administration. [[Page H11250]] Operation and Maintenance, Southwestern Power Administration The agreement provides a net appropriation of $10,400,000 for the Southwestern Power Administration. To ensure sufficient authority to meet purchase power and wheeling needs, the agreement includes $28,000,000 above the level credited as offsetting collections by the Congressional Budget Office. The Department is directed to continue working with the Committees on Appropriations of both Houses of Congress to provide necessary information to address this scoring issue for future fiscal years. Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration (INCLUDING RESCISSION OF FUNDS) The agreement provides a net appropriation of $89,196,000 for the Western Area Power Administration. The agreement includes a rescission of $176,000 as proposed in the budget request. To ensure sufficient authority to meet purchase power and wheeling needs, the agreement includes $59,000,000 above the level credited as offsetting collections by the Congressional Budget Office. The Department is directed to continue working with the Committees on Appropriations of both Houses of Congress to provide necessary information to address this scoring issue for future fiscal years. Falcon and Amistad Operating and Maintenance Fund The agreement provides a net appropriation of $228,000 for the Falcon and Amistad Operating and Maintenance Fund. Federal Energy Regulatory Commission SALARIES AND EXPENSES The agreement provides $382,000,000 for the Federal Energy Regulatory Commission (FERC). Revenues for FERC are set to an amount equal to the budget authority, resulting in a net appropriation of $0. FERC is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act a study and report outlining the barriers and opportunities for high voltage transmission, including over the nation's transportation corridors. The report shall examine the reliability and resilience benefits, permitting barriers, and any barriers in state or federal policy or markets. GENERAL PROVISIONS--DEPARTMENT OF ENERGY (INCLUDING TRANSFER AND RESCISSION OF FUNDS) The agreement includes a modified provision prohibiting the use of funds provided in this title to initiate requests for proposals, other solicitations, or arrangements for new programs or activities that have not yet been approved and funded by Congress; requires notification or a report for certain funding actions; prohibits funds to be used for certain multi-year ``Energy Programs'' activities without notification; and prohibits the obligation or expenditure of funds provided in this title through a reprogramming of funds except in certain circumstances. The agreement includes a provision authorizing intelligence activities of the Department of Energy for purposes of section 504 of the National Security Act of 1947. The agreement includes a provision prohibiting the use of funds in this title for capital construction of high hazard nuclear facilities, unless certain independent oversight is conducted. The agreement includes a provision prohibiting the use of funds in this title to approve critical decision-2 or critical decision-3 for certain construction projects, unless a separate independent cost estimate has been developed for that critical decision. The agreement includes a provision prohibiting funds in the Defense Nuclear Nonproliferation account for certain activities and assistance in the Russian Federation. The agreement includes a provision regarding authority to release refined petroleum product from the Strategic Petroleum Reserve. The agreement includes a provision regarding environmental stewardship and endangered species recovery efforts. The agreement includes a provision regarding a rescission. The agreement includes a provision regarding mercury storage. The agreement includes a provision regarding pay for power system dispatchers. [[Page H11251]] [GRAPHIC] [TIFF OMITTED] TH161219.140 [[Page H11252]] [GRAPHIC] [TIFF OMITTED] TH161219.141 [[Page H11253]] [GRAPHIC] [TIFF OMITTED] TH161219.142 [[Page H11254]] [GRAPHIC] [TIFF OMITTED] TH161219.143 [[Page H11255]] [GRAPHIC] [TIFF OMITTED] TH161219.144 [[Page H11256]] [GRAPHIC] [TIFF OMITTED] TH161219.145 [[Page H11257]] [GRAPHIC] [TIFF OMITTED] TH161219.146 [[Page H11258]] [GRAPHIC] [TIFF OMITTED] TH161219.147 [[Page H11259]] [GRAPHIC] [TIFF OMITTED] TH161219.148 [[Page H11260]] [GRAPHIC] [TIFF OMITTED] TH161219.149 [[Page H11261]] [GRAPHIC] [TIFF OMITTED] TH161219.150 [[Page H11262]] [GRAPHIC] [TIFF OMITTED] TH161219.151 [[Page H11263]] [GRAPHIC] [TIFF OMITTED] TH161219.152 [[Page H11264]] [GRAPHIC] [TIFF OMITTED] TH161219.153 [[Page H11265]] [GRAPHIC] [TIFF OMITTED] TH161219.154 [[Page H11266]] [GRAPHIC] [TIFF OMITTED] TH161219.155 [[Page H11267]] [GRAPHIC] [TIFF OMITTED] TH161219.156 [[Page H11268]] [GRAPHIC] [TIFF OMITTED] TH161219.157 [[Page H11269]] TITLE IV--INDEPENDENT AGENCIES Appalachian Regional Commission The agreement provides $175,000,000 for the Appalachian Regional Commission (ARC). The following is the only direction for the Appalachian Regional Commission. The agreement includes the budget request proposal to address the substance abuse crisis that disproportionally affects Appalachia and the budget request proposal for activities in support of the POWER Initiative. To diversify and enhance regional business development, $10,000,000 is provided to continue the program of high-speed broadband deployment in distressed counties within the Central Appalachian region that have been most negatively impacted by the downturn in the coal industry. The agreement provides $5,000,000 for a program of high-speed broadband deployment in economically distressed counties within the North Central and Northern Appalachian regions. Within available funds, not less than $16,000,000 is for a program of industrial site and workforce development in Southern and South Central Appalachia, focused primarily on the automotive supplier sector and the aviation sector. Up to $13,500,000 of that amount is for activities in Southern Appalachia. The funds shall be distributed to states that have distressed counties in Southern and South Central Appalachia using the ARC Area Development Formula. Within available funding, $16,000,000 is for a program of basic infrastructure improvements in distressed counties in Central Appalachia. Funds shall be distributed according to ARC's distressed counties formula and shall be in addition to the regular allocation to distressed counties. The ARC is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act a report on the percentage of funding that has been directed to persistent-poverty counties and high-poverty areas in the last three fiscal years. For the purposes of the report, the term persistent- poverty counties means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates. For the purposes of the report, the term high-poverty area means any census tract with a poverty rate of at least 20 percent as measured by the 2013-2017 five-year data series available from the American Community Survey of the Census Bureau. Defense Nuclear Facilities Safety Board SALARIES AND EXPENSES The agreement provides $31,000,000 for the Defense Nuclear Facilities Safety Board. The Board is directed to ensure a minimum of 110 full-time equivalents or report why it was unable to do so to the Committees on Appropriations of both Houses of Congress. The Board is further directed to establish and fill an Executive Director of Operations position. The agreement does not provide funding for any other elements of the Board's August 15, 2018, reorganization plan. The agreement does not include the House report requirement regarding a Memorandum of Understanding. Delta Regional Authority SALARIES AND EXPENSES The agreement provides $30,000,000 for the Delta Regional Authority. Denali Commission The agreement provides $15,000,000 for the Denali Commission. Northern Border Regional Commission The agreement provides $25,000,000 for the Northern Border Regional Commission. Within available funds, not less than $4,000,000 is for initiatives that seek to address the decline in forest-based economies throughout the region and $750,000 is for the State Capacity Building Grant Program. Southeast Crescent Regional Commission The agreement provides $250,000 for the Southeast Crescent Regional Commission. Nuclear Regulatory Commission SALARIES AND EXPENSES The Nuclear Regulatory Commission's (Commission) mission is to ensure the safety and security of the nation's use of nuclear power and nuclear materials and protect the workers and public who use and benefit from these materials and facilities. The agreement provides $842,236,000 for Commission salaries and expenses. This amount is offset by estimated revenues of $717,125,000, resulting in a net appropriation of $125,111,000. The agreement provides $15,478,000 for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies and $14,500,000 for international activities, which are not subject to the Commission's fee recovery collection requirements. The agreement directs the use of $40,000,000 in prior-year unobligated balances. Unobligated Balances from Prior Appropriations.--The Commission carries unobligated balances from appropriations received in prior years. The agreement requires the use of $40,000,000 of these balances, derived from fee-based activities. The Commission is directed to apply these savings in a manner that continues to ensure the protection of public health and safety and maintains the effectiveness of the current inspection program. Because the Commission has already collected fees corresponding to these activities in prior years, the agreement does not include these funds within the fee base calculation for determining authorized revenues and does not provide authority to collect additional offsetting receipts for their use. Any remaining unobligated balances carried forward from prior years are subject to the reprogramming guidelines in section 402 of this Act, and shall be used only to supplement appropriations consistent with those guidelines. [Dollars in thousands] ------------------------------------------------------------------------ Account Final Bill ------------------------------------------------------------------------ Nuclear Reactor Safety..................................... $447,574 Integrated University Program.............................. 16,000 Nuclear Materials and Waste Safety......................... 103,191 Decommissioning and Low-Level Waste........................ 22,891 Corporate Support.......................................... 292,580 Use of Prior-Year Balances................................. -40,000 Total, Nuclear Regulatory Commission................... 842,236 ------------------------------------------------------------------------ OFFICE OF INSPECTOR GENERAL The agreement provides $13,314,000 for the Office of Inspector General in the Nuclear Regulatory Commission. This amount is offset by revenues of $10,929,000, resulting in a net appropriation of $2,385,000. The agreement provides $1,171,000 to provide inspector general services for the Defense Nuclear Facilities Safety Board. Nuclear Waste Technical Review Board SALARIES AND EXPENSES The agreement provides $3,600,000 for the Nuclear Waste Technical Review Board. GENERAL PROVISIONS--INDEPENDENT AGENCIES The agreement includes a provision instructing the Nuclear Regulatory Commission on responding to congressional requests for information. The agreement includes a provision relating to reprogramming. TITLE V--GENERAL PROVISIONS (INCLUDING TRANSFER OF FUNDS) The agreement includes a provision relating to lobbying restrictions. The agreement includes a provision relating to transfer authority. No additional transfer authority is implied or conveyed by this provision. For the purposes of this provision, the term ``transfer'' shall mean the shifting of all or part of the budget authority in one account to another. In addition to transfers provided in this Act or other appropriations Acts, and existing authorities, such as the Economy Act (31 U.S.C. 1535), by which one part of the United States Government may provide goods or services to another part, this Act allows transfers using section 4705 of the Atomic Energy Defense Act (50 U.S.C. 2745) and 15 U.S.C. 638 regarding SBIR/STTR. The agreement includes a provision prohibiting funds to be used in contravention of the executive order entitled ``Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.'' The agreement includes a provision prohibiting the use of funds to establish or maintain a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, except for law enforcement investigation, prosecution, or adjudication activities. [[Page H11270]] [GRAPHIC] [TIFF OMITTED] TH161219.158 [[Page H11271]] [GRAPHIC] [TIFF OMITTED] TH161219.159 [[Page H11272]] [GRAPHIC] [TIFF OMITTED] TH161219.160 [[Page H11273]] [GRAPHIC] [TIFF OMITTED] TH161219.161 [[Page H11274]] [GRAPHIC] [TIFF OMITTED] TH161219.162 [[Page H11275]] [GRAPHIC] [TIFF OMITTED] TH161219.163 [[Page H11276]] [GRAPHIC] [TIFF OMITTED] TH161219.164 [[Page H11277]] [GRAPHIC] [TIFF OMITTED] TH161219.165 [[Page H11278]] [GRAPHIC] [TIFF OMITTED] TH161219.166 [[Page H11279]] [GRAPHIC] [TIFF OMITTED] TH161219.167 [[Page H11280]] [GRAPHIC] [TIFF OMITTED] TH161219.168 [[Page H11281]] DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 The following statement is an explanation of the effects of Division D, which provides appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), the Forest Service, the Indian Health Service, and related agencies for fiscal year 2020. The explanatory statement accompanying this Act is approved and indicates congressional intent. Report language contained in House Report 116-100 and Senate Report 116-123 providing specific guidance to agencies regarding the administration of appropriated funds and any corresponding reporting requirements carries the same emphasis as the language included in this explanatory statement and should be complied with unless specifically addressed to the contrary herein. This 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 the House report, Senate report, or this explanatory statement direct the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations. Where this explanatory statement refers to the Committees or the Committees on Appropriations, unless otherwise noted, this reference is to the House Subcommittee on Interior, Environment, and Related Agencies and the Senate Subcommittee on Interior, Environment, and Related Agencies. Each department and agency funded in this Act is directed to follow the directions set forth in this Act and the accompanying statement and to not reallocate resources or reorganize activities except as provided herein or otherwise approved by the House and Senate Appropriations Committees through the reprogramming process as referenced in this Act. This explanatory statement addresses only those agencies and accounts for which there is a need for greater explanation than provided in the Act itself. Funding levels for appropriations by account, program, and activity, with comparisons to the fiscal year 2019 enacted level and the fiscal year 2020 budget request, can be found in the table at the end of this division. Unless expressly stated otherwise, any reference to ``this Act'' or ``at the end of this statement'' shall be treated as referring only to the provisions of this division. Bureau of Land Management, Reorganization.--The Department has not fulfilled its obligation to fully communicate the organizational and financial details of the reorganization and relocation of the Bureau's Washington, DC headquarters. It has not provided Bureau employees, Congress, agency stakeholders or the general public with adequate information regarding this move. Furthermore, it has not explained how it will sustain its operations and remain an effective land management agency following the anticipated loss of much of its senior management and the expected significant attrition of its workforce caused by the reorganization. The Department is therefore directed to begin monthly briefings with the Committees on Appropriations on the status of the reorganization, including in an initial briefing explaining the Bureau's plan for ensuring continuity of agency operations and addressing the immediate impacts of likely staff shortages caused by the reorganization. Requirement Relating to Information Requests.--The head of a Federal agency that receives funds under this Act or any other Act making appropriations for the Department of the Interior, environment, and related agencies for any other fiscal year shall respond completely and in full to a written request for information received by the head of the Federal Agency from the Comptroller General of the United States relating to a decision or opinion on appropriations law not later than the earlier of: (1) the date that is 45 days after the date on which the head of the Federal agency receives the written request; and (2) the date otherwise established by the Comptroller General of the United States in the written request. If the information requested by the Comptroller General of the United States is not readily available and the head of the Federal agency that received the written request is not able to respond completely and in full within the time period described, the head of the Federal agency shall by the deadline established in the preceding sentence respond in writing to provide as much information as practicable at the time of the response; and an explanation for the reason why the head of the Federal agency is unable to respond completely and in full at the time of the response; and a proposed timetable for the submission of all remaining requested information. Not later than 30 days after the date on which a response is submitted to the Comptroller General of the United States and every 30 days thereafter until the date on which the head of the Federal agency responds completely and in full to the request for information, as determined by the Comptroller General of the United States, the head of the Federal agency shall update in writing the response provided. Chaco Canyon.--On May 28, 2019, the Secretary announced that the Department will refrain from oil and gas leasing within the 10-mile radius of Chaco Culture National Historical Park pending completion of planning activities and tribal consultation. The Bureau of Land Management is directed not to conduct any oil and gas leasing activities authorized by section 17 of the Mineral Leasing Act (30 U.S.C. 226) in the withdrawal area identified on the map of the Chaco Culture National Historical Park prepared by the Bureau of Land Management and dated April 2, 2019, until the completion of the cultural resources investigation included in this agreement as part of the Bureau of Indian Affairs-- Operation of Indian Programs appropriation. Nothing in this directive prohibits an Indian tribe or individual member of an Indian tribe or allottee from developing mineral rights under the Indian Mineral Leasing Act. 105(l) Lease costs.--Estimates for lease costs resulting from section 105 of the Indian Self-Determination and Education Assistance Act continue to increase and have the potential to increase over the coming months. The uncertainty surrounding the 105(l) lease agreement estimates has inserted a high level of unpredictability into the budget process and has placed the House and Senate Committees on Appropriations in the difficult position where rapidly escalating requirements for lease costs are negatively impacting the ability to use discretionary appropriations to support core tribal programs, including health, education and construction programs, or provide essential fixed cost requirements. Obligations of this nature are typically addressed through mandatory spending, but in this case since they fall under discretionary spending, they are impacting all other programs funded under the Interior and Environment Appropriations bill, including other equally important Tribal programs, and they appear to be growing exponentially without the Administration developing a long-term funding strategy to address them. The agreement notes that payments for 105(l) leases directly resulting from decisions in the case of Maniilaq Ass'n v. Burwell in both 2014 (72 F. Supp. 3d 227 (D.D.C. 2014)) and 2016 (70 F. Supp. 3d 243 (D.D.C. 2016)) appear to create an entitlement to compensation for 105(l) leases that is typically not funded through discretionary appropriations. The Department of the Interior and the Department of Health and Human Services are directed to consult with Tribes and work with the House and Senate committees of jurisdiction, the Office of Management and Budget, and the Committees on Appropriations to formulate long-term accounting, budget, and legislative strategies to address the situation, including discussions about whether, in light of the Maniilaq decisions, these funds should be reclassified as an appropriated entitlement. Bighorn Sheep.--In lieu of House direction, the Department of the Interior and the Forest Service shall follow the direction included in Senate Report 116-123 with regards to Bighorn Sheep. Land and Water Conservation Fund.--The bill includes $495,103,000 in new budget authority to be derived from the Land and Water Conservation Fund (LWCF) for programs consistent with chapter 2003 of title 54 of the United States Code, as identified in the table below. ---------------------------------------------------------------------------------------------------------------- FY 2019 Enacted Budget Request This Bill ---------------------------------------------------------------------------------------------------------------- Land and Water Conservation Fund....................... $438,303,000 32,882,000 $495,103,000 State, Local and Forest Legacy Programs............ 248,796,000 5,000,000 257,790,000 National Park Service State Assistance......... 124,006,000 0 140,000,000 Coop. Endangered Species Conservation Fund..... 30,800,000 0 30,800,000 American Battlefield Protection Act............ 10,000,000 5,000,000 13,000,000 Highlands Conservation Act..................... 20,000,000 0 10,000,000 Forest Legacy Program.............................. 63,990,000 0 63,990,000 Rescission..................................... -1,503,000 -31,008,000 -18,771,000 Federal Land Acquisition........................... 189,507,000 27,882,000 237,313,000 Bureau of Land Management...................... 28,316,000 0 32,300,000 Fish and Wildlife Service...................... 45,189,000 9,864,000 60,715,000 National Park Service.......................... 34,438,000 9,828,000 55,400,000 Forest Service................................. 72,564,000 0 78,898,000 Department of the Interior Valuation Services.. 9,000,000 8,190,000 10,000,000 Rescissions.................................... -1,800,000 -25,324,000 -10,274,000 ---------------------------------------------------------------------------------------------------------------- [[Page H11282]] Mitigation from Border Barrier Construction.--The agreement does not include direction requiring a report on the impacts of border barrier construction. Project Identification and Prioritization.--The bill contains statutory language in Title IV directing the submission of detailed and prioritized project lists by a date certain. Recreational Access.--The Department of the Interior and the Forest Service shall follow the direction contained in the Senate Report 116-123. Study on Outdoor Recreation.--The Comptroller General shall conduct a study that identifies programs carried out by federal agencies that directly impact the outdoor recreation sector. The study should present federal spending information for these programs, and in conducting the study, the Comptroller General should obtain information as appropriate from relevant stakeholders, including but not necessarily limited to representatives of the outdoor recreation industry, nongovernmental organizations, the Bureau of Economic Analysis of the U.S. Department of Commerce, and other interested stakeholders. The Comptroller General should work with relevant staff of the House and Senate Appropriations Committees to determine the federal agencies and fiscal years to be covered by the study. The Comptroller General should brief the Committees on the results of the study within one year, with a report to follow thereafter. Reports and Studies.--The agreement does not include the direction regarding a National Academy of Sciences report of the impacts on ecosystem services from mining and a mineral withdrawal study. REPROGRAMMING GUIDELINES The following are the procedures governing reprogramming actions for programs and activities funded in the Department of the Interior, Environment, and Related Agencies Appropriations Act. The House and Senate Committees on Appropriations are dismayed by multiple agencies' lack of strict adherence to the Committees' reprogramming guidelines and agencies funded by this Act are reminded that no reprogramming shall be implemented without the advance approval of the House and Senate Committees on Appropriations in accordance with the procedures included in this Act. The agencies funded in this Act are reminded that these reprogramming guidelines are in effect, and must be complied with, until such time as the Committees modify them through bill or report language. Definitions.--``Reprogramming,'' as defined in these procedures, includes the reallocation of funds from one budget activity, budget line-item, or program area to another within any appropriation funded in this Act. In cases where either the House or Senate Committee on Appropriations report displays an allocation of an appropriation below that level, the more detailed level shall be the basis for reprogramming. For construction, land acquisition, and forest legacy accounts, a reprogramming constitutes the reallocation of funds, including unobligated balances, from one construction, land acquisition, or forest legacy project to another such project. A reprogramming shall also consist of any significant departure from the program described in the agency's budget justifications. This includes all proposed reorganizations or other workforce actions detailed below which affect a total of 10 staff members or 10 percent of the staffing of an affected program or office, whichever is less, even without a change in funding. Any change to the organization table presented in the budget justification shall also be subject to this requirement. It is noted that agencies funded by this Act are continuing to work to implement Executive Order 13781, a Comprehensive Plan for Reorganizing the Executive Branch, and have included in the fiscal year 2020 budget request funding for these activities. It is also noted that agencies funded by this Act continue to weigh additional organizational changes during the fiscal year. Agencies are reminded that this recommendation continues longstanding General Guidelines for Reprogramming that require agencies funded by this Act to submit reorganization proposals for the Committees' review prior to their implementation. It is noted that such reprogramming guidelines apply to proposed reorganizations, workforce restructure, reshaping, transfer of functions, or bureau-wide downsizing and include closures, consolidations, and relocations of offices, facilities, and laboratories. In addition, no agency shall implement any part of a reorganization that modifies regional or State boundaries for agencies or bureaus that were in effect as of the date of enactment of this Act unless approved consistent with the General Guidelines for Reprogramming procedures specified herein. Any such reprogramming request submitted to the Committees on Appropriations shall include a description of anticipated benefits, including anticipated efficiencies and cost-savings, as well as a description of anticipated personnel impacts and funding changes anticipated to implement the proposal. General Guidelines for Reprogramming.-- (a) A reprogramming should be made only when an unforeseen situation arises, and then only if postponement of the project or the activity until the next appropriation year would result in actual loss or damage. (b) Any project or activity, which may be deferred through reprogramming, shall not later be accomplished by means of further reprogramming, but instead, funds should again be sought for the deferred project or activity through the regular appropriations process. (c) Except under the most urgent situations, reprogramming should not be employed to initiate new programs or increase allocations specifically denied or limited by Congress, or to decrease allocations specifically increased by the Congress. (d) Reprogramming proposals submitted to the House and Senate Committees on Appropriations for approval will be considered as expeditiously as possible, and the Committees remind the agencies that in order to process reprogramming requests, adequate and timely information must be provided. Criteria and Exceptions.--A reprogramming must be submitted to the Committees in writing prior to implementation if it exceeds $1,000,000 annually or results in an increase or decrease of more than 10 percent annually in affected programs or projects, whichever amount is less, with the following exceptions: (a) With regard to the Tribal priority allocations of the Bureau of Indian Affairs (BIA) and Bureau of Indian Education (BIE), there is no restriction on reprogrammings among these programs. However, the Bureaus shall report on all reprogrammings made during a given fiscal year no later than 60 days after the end of the fiscal year. (b) With regard to the EPA, the Committees do not require reprogramming requests associated with the States and Tribes Partnership Grants or up to a cumulative total of $5,000,000 from carryover balances among the individual program areas delineated in the Environmental Programs and Management account, with no more than $1,000,000 coming from any individual program area. No funds, however, shall be reallocated from individual Geographic Programs. (c) With regard to the National Park Service, the Committees do not require reprogramming requests associated with the park base within the Park Management activity in the Operation of the National Park System Account. The Service is required to brief the House and Senate Committees on Appropriations on spending trends for the park base within 60 days of enactment of this Act. Assessments.--``Assessment'' as defined in these procedures shall refer to any charges, reserves, or holdbacks applied to a budget activity or budget line item for costs associated with general agency administrative costs, overhead costs, working capital expenses, or contingencies. (a) No assessment shall be levied against any program, budget activity, subactivity, budget line item, or project funded by the Interior, Environment, and Related Agencies Appropriations Act unless such assessment and the basis therefore are presented to the Committees in the budget justifications and are subsequently approved by the Committees. The explanation for any assessment in the budget justification shall show the amount of the assessment, the activities assessed, and the purpose of the funds. (b) Proposed changes to estimated assessments, as such estimates were presented in annual budget justifications, shall be submitted through the reprogramming process and shall be subject to the same dollar and reporting criteria as any other reprogramming. (c) Each agency or bureau which utilizes assessments shall submit an annual report to the Committees, which provides details on the use of all funds assessed from any other budget activity, line item, subactivity, or project. (d) In no case shall contingency funds or assessments be used to finance projects and activities disapproved or limited by Congress or to finance programs or activities that could be foreseen and included in the normal budget review process. (e) New programs requested in the budget should not be initiated before enactment of the bill without notification to, and the approval of, the Committees. This restriction applies to all such actions regardless of whether a formal reprogramming of funds is required to begin the program. Quarterly Reports.--All reprogrammings between budget activities, budget line-items, program areas, or the more detailed activity levels shown in this recommendation, including those below the monetary thresholds established above, shall be reported to the Committees within 60 days of the end of each quarter and shall include cumulative totals for each budget activity or budget line item, or construction, land acquisition, or forest legacy project. Land Acquisitions, Easements, and Forest Legacy.--Lands shall not be acquired for more than the approved appraised value, as addressed in section 301(3) of Public Law 91-646, unless such acquisitions are submitted to the Committees on Appropriations for approval in compliance with these procedures. Land Exchanges.--Land exchanges, wherein the estimated value of the Federal lands to be exchanged is greater than $1,000,000, shall not be consummated until the Committees have had 30 days in which to examine the proposed exchange. ln addition, the Committees shall be provided advance notification of exchanges valued between $500,000 and $1,000,000. Budget Structure.--The budget activity or line item structure for any agency appropriation account shall not be altered without advance approval of the Committees. [[Page H11283]] TITLE I--DEPARTMENT OF THE INTERIOR Bureau of Land Management MANAGEMENT OF LANDS AND RESOURCES (INCLUDING RESCISSION OF FUNDS) Management of Lands and Resources (MLR).--The bill provides $1,237,015,000 for the Management of Land and Resources appropriation. Specific allocations at the activity and subactivity level are contained in the table at the back of this explanatory statement. The increase provided in the Cultural Resources Management subactivity is for the National Cultural Resources Information Management System as directed in House Report 116-100. Within funds made available in the Wildlife Habitat Management subactivity, $64,000,000 shall be for sage grouse conservation. Of the increase provided in the Recreational Resources Management subactivity, $1,000,000 shall be for the historic and scenic trails program. The bill also provides for two-year availability of funds within the MLR appropriation, with certain exceptions. The Bureau is directed to brief the Committees on Appropriations within 30 days of enactment of this Act, and quarterly thereafter, on the budgetary transition. Wild Horse and Burro Management.--For the wild horse and burro program, the bill contains a total appropriation of $101,555,000, of which $21,000,000 shall not be available for obligation until 60 days after the Bureau submits a comprehensive and detailed plan for an aggressive, non-lethal population control strategy. For purposes of the plan to be submitted, the directives expressed by the House and Senate in House Report 116-100 and Senate Report 116-123, respectively, shall prevail, particularly with respect to strict compliance with the Bureau's Comprehensive Animal Welfare Program. In addition, the plan shall also include no less than five consecutive years of detailed expenditure estimates beginning with fiscal year 2020. The plan shall also include a thorough discussion of the Bureau's proposed management of the logistical details of the strategy, including but not limited to: (1) the number of individuals currently assigned and actively working in the program and the number of additional personnel needed to implement the strategy; (2) the resources (including personnel and equipment) currently available for animal gathers and the increases needed in those resources to substantially increase the number of animals gathered for removal to achieve appropriate management levels; (3) the number of all short- term and long-term holding facilities currently under contract (including their current holding capacity and when those contracts expire), and an estimate of the number of additional facilities that will be needed and the Bureau's strategy to obtain those facilities, and; (4) the amount of fertility control resources currently available, the additional resources anticipated to be needed and the plan for obtaining those resources, and the plan for administering those resources, all focused on implementing a strategy aimed at minimizing future removals and maximizing treatment and retreatment of on-range animals to maintain appropriate management levels. Finally, the Bureau shall brief the Committees upon submission of the report, and quarterly thereafter. Bureau of Land Management Directives.--The Bureau is reminded of the importance of the directives included in House Report 116-100 and Senate Report 116-123. Soda Ash.--The Bureau shall follow the directive contained in Senate Report 116-123. CONSTRUCTION (INCLUDING RESCISSION OF FUNDS) The bill rescinds unobligated balances from prior year appropriations that are no longer needed. LAND ACQUISITION (INCLUDING RESCISSION OF FUNDS) The bill provides $32,300,000 in new budget authority for the Land Acquisition account and includes a rescission of $2,367,000 to be derived from prior year unobligated balances. The amounts provided by this bill for projects are shown in the table below and are listed in the priority order and in the amounts recommended by the Bureau for fiscal year 2020. ---------------------------------------------------------------------------------------------------------------- State Project This Bill ---------------------------------------------------------------------------------------------------------------- AZ......................................... Aravaipa Canyon Access............. $2,600,000 CA......................................... Bodie Hills........................ 900,000 CA......................................... Los Gatos Creek Ranch.............. 1,200,000 CO......................................... McInnis Canyons National 600,000 Conservation Area. ID......................................... Coeur d'Alene Lake Special 1,300,000 Recreation Management Area. MT......................................... Blackfoot River Watershed.......... 3,500,000 OR......................................... Sandy River........................ 500 OR......................................... Table Rocks Special Recreational 2,700,000 Management Area. ------------------------------- Subtotal, Line Item Projects....... 13,300,000 ---------------------------------------------------------------------------------------------------------------- Budget Request This Bill ---------------------------------------------------------------------------------------------------------------- Acquisition Management............. 0 2,500,000 Recreational Access................ 0 13,000,000 Emergencies, Hardships, and 0 3,500,000 Inholdings. Rescission of Funds................ -10,000,000 -2,367,000 ------------------------------- Total, BLM Land Acquisition........ -10,000,000 29,933,000 ---------------------------------------------------------------------------------------------------------------- OREGON AND CALIFORNIA GRANT LANDS The bill provides $112,094,000 for the Oregon and California Grant Lands appropriation. Specific allocations at the activity level are contained in the table at the back of this explanatory statement. RANGE IMPROVEMENTS The bill provides $10,000,000 to be derived from public lands receipts and Bankhead-Jones Farm Tenant Act lands grazing receipts. SERVICE CHARGES, DEPOSITS, AND FORFEITURES The bill provides an indefinite appropriation estimated to be $26,000,000 for Service Charges, Deposits, and Forfeitures. MISCELLANEOUS TRUST FUNDS The bill provides an indefinite appropriation estimated to be $26,000,000 for Miscellaneous Trust Funds. United States Fish and Wildlife Service RESOURCE MANAGEMENT The bill provides $1,364,289,000 for Resource Management. All programs and activities, including youth programs, are funded at the amounts enacted in fiscal year 2019 unless otherwise specified below or in the table at the end of this division. The Service is expected to comply with the instructions and requirements at the beginning of this division and in House Report 116-100 and Senate Report 116- 123 unless otherwise specified below. Ecological Services.--The agreement provides $266,012,000 for programs and activities within Ecological Services. Planning and Consultation.--The agreement provides $109,016,000 for project permitting and consultation activities which includes $3,500,000 to avoid permitting delays and to achieve compliance with other statutes and $84,531,000 for general program activities. Conservation and Restoration.--The agreement provides $33,696,000 for conservation and restoration activities. Candidate Conservation is funded at $13,330,000. Recovery.--The agreement provides $102,982,000 for activities in support of the recovery and delisting of threatened and endangered species which includes: $3,250,000 for the State of the Birds; $1,200,000 for the Prescott Grant program; $1,000,000 for the Wolf Livestock Demonstration program; and $84,159,000 for general program activities. As outlined in House Report 116-100, the Service is required by law to use the best available science to make decisions to delist species, and if such decisions are warranted, the Service is directed to carefully analyze state management plans to ensure adequate protections will be in place and establish a monitoring system that guarantees rigorous enforcement of those plans. The agreement also includes $100,000 for Florida Grasshopper Sparrow and $7,000,000 for Recovery Challenge matching grants to implement high priority recovery actions as prescribed in recovery plans. Longstanding partnerships should be funded at not less than $3,000,000 and partner contributions should be not less than their current amounts. The remaining funds should be dedicated to new partnerships as outlined in House Report 116-100 and should require a 50:50 match, which may include in-kind services. Lesser Prairie-Chicken (LPC).--The Committees continue the direction regarding Lesser Prairie-Chicken contained in the explanatory statement accompanying the Consolidated Appropriations Act, 2019 (Public Law 116-6) and further, the Committees direct the Service to collaborate with local and regional stakeholders on improving voluntary solutions to conserve the species with the goal of avoiding the necessity of listing the [[Page H11284]] LPC under the Endangered Species Act (ESA) (Public Law 91- 135) and to provide a briefing to the Committees on its efforts to develop guidance to advance this collaboration. Habitat Conservation.--The agreement provides $70,326,000 for habitat conservation programs, of which $56,951,000 is for the Partners for Fish and Wildlife program and $13,375,000 is for the Coastal Program. The recommendation provides $1,750,000 for the Chesapeake Bay Nutria Eradication Project and $5,132,000 for Klamath River habitat restoration. The agreement maintains funding at the enacted level for the Service's work on the Upper Colorado River Endangered Fish Recovery Program and the San Juan River Basin Recovery Implementation Program. National Wildlife Refuge System.--The agreement provides $502,404,000 for the National Wildlife Refuge System. Wildlife and Habitat Management.--The agreement provides: $12,425,000 for invasive species; $1,750,000 for the Chesapeake Bay Nutria Eradication Project; $21,924,000 for Inventory and Monitoring; and $198,178,000 for general program activities. The agreement supports the directives in House Report 116- 100 and Senate Report 116-123 on trapping occurring on refuges. Visitor Services.--The agreement includes $74,227,000 which includes $4,500,000 for the Urban Wildlife Refuge Partnership program and $67,727,000 for general program activities. Refuge Maintenance.--The agreement includes $146,042,000 which includes $61,763,000 for maintenance support as requested. The Service is commended for advancing conservation by establishing the Green River National Wildlife Refuge as the 568th national wildlife refuge. The Service is expected to provide robust support to the Refuge to further the goals for which it was established. Conservation and Enforcement.--The agreement provides $148,336,000 for other conservation and enforcement programs as described below. Migratory Bird Management.--The agreement provides $47,457,000 which includes $28,837,000 for Conservation and Monitoring and $14,640,000 for the North American Waterfowl Management Plan/Joint Ventures program. The recommendation includes $600,000 to manage bird-livestock conflicts and no funding for Aviation Management as it is provided in General Operations. Law Enforcement.--The agreement provides $82,053,000, including $9,000,000 for wildlife trafficking enforcement activities which may also be used as needed to supplement inspections. $3,500,000 is provided to continue the Service's work with the Indian Arts and Crafts Board to combat international trafficking of counterfeit arts and crafts and to conduct criminal investigations of alleged violations of the Indian Arts and Crafts Act. International Affairs.--The agreement provides $18,826,000 including $10,810,000 for International Conservation of which $550,000 is to support the Arctic Council; $3,000,000 is to combat wildlife trafficking; $1,000,000 is for the Theodore Roosevelt Genius Prize; and $8,016,000 for International Wildlife Trade, of which $793,000 is to combat wildlife trafficking. In consultation with the United States Agency for International Development (USAID), the Department of the Interior shall develop policies and procedures for the execution and oversight of programs from funds made available by transfer from USAID to ensure that agreements for the obligation of funds between implementing partners and the Department include provisions requiring that: (1) information detailing the proposed project and potential impacts is shared with local communities and the free, prior, and informed consent of affected indigenous communities is obtained in accordance with international standards; (2) the potential impacts of the proposed project on existing land or resource claims by affected local communities or indigenous peoples are considered and addressed in any management plan; (3) any eco-guards, park rangers, and other law enforcement personnel authorized to protect biodiversity will be properly trained and monitored; and (4) effective grievance and redress mechanisms for victims of human rights violations and other misconduct exist. The Director shall consult with the Committees not later than 45 days after enactment of this Act on the development of such policies and procedures. The Endangered Species Act requires that importing sport- hunted trophies from endangered species is only permissible if the exporting country has demonstrated that hunting improves the survival of that species and proceeds of the hunt will be reinvested in conservation. The current U.S. Fish and Wildlife Service policy to evaluate applications for importing trophies for elephants and lions on a case-by-case basis may not adequately determine whether a country has proper safeguards in place to protect species vulnerable to poaching. Population counts continue to decline causing concern that the current policy is detrimental. The Fish and Wildlife Service is directed to reevaluate its current policy and analyze how targeted investments and technical assistance to the exporting countries' conservation programs would impact the survival of elephants and lions, improve local communities, and sustain species populations. The Service is to brief the Committees 60 days after enactment of this Act on their findings. Fish and Aquatic Conservation.--The agreement provides $205,477,000 for fish and aquatic conservation programs. National Fish Hatchery System Operations.--The agreement provides $64,272,000 which includes: $1,200,000 for the Aquatic Animal Drug Approval Partnership; $3,750,000 for Klamath Basin restoration activities; and $4,700,000 for mitigation of the Pacific Salmon Treaty. The agreement maintains funding for mass marking at the fiscal year 2019 enacted level and directs the Service to work in cooperation with State fish and game agencies on marking of anadromous fish. None of the funds may be used to terminate operations or to close any facility of the National Fish Hatchery System. None of the production programs listed in the March 2013 National Fish Hatchery System Strategic Hatchery and Workforce Planning Report may be reduced or terminated without advance, informal consultation with affected States and Tribes. The Service is expected to continue funding mitigation hatchery programs via reimbursable agreements with Federal partners. Future agreements should include reimbursement for production, facilities, and administrative costs. The Service is expected to ensure that its costs are fully reimbursed before proposing to reduce or redirect base funding. Maintenance and Equipment.--The agreement provides $25,846,000 for maintenance and equipment expenses related to the National Fish Hatchery System. The Service is encouraged to provide a portion of this funding to hatcheries where partner agencies fund mitigation work. Habitat Assessment and Restoration.--The agreement provides $43,037,000, which includes $9,700,000 to implement the Delaware River Basin Conservation Act; $18,598,000 for the National Fish Passage Program; and $2,750,000 to implement Klamath Basin restoration activities. The Service is directed to work with the affected Tribes on fish restoration activities. Population Assessment and Cooperative Management.--The agreement provides $31,840,000 which includes $1,680,000 for Great Lakes Fish and Wildlife Restoration and $818,000 for the Lake Champlain sea lamprey program. The Service is reminded of the direction contained in Senate Report 116-123 regarding contributions to the Coded Wire Tag Program. Aquatic Invasive Species.--The agreement includes $40,482,000 for the aquatic invasive species programs, of which: $2,834,000 is to help States implement plans required by the National Invasive Species Act (NISA); $1,566,000 is for NISA coordination; $4,088,000 is to implement subsection 5(d)(2) of the Lake Tahoe Restoration Act; $25,000,000 is for Asian carp as outlined in House Report 116-100 and Senate Report 116-123 including not less than $2,500,000 for contract fishing; $3,000,000 is to prevent the spread of quagga and zebra mussels; and $1,011,000 is for Great Lakes Sea Lamprey administration costs. Cooperative Landscape Conservation.--The agreement includes $12,500,000 for Landscape Conservation Cooperatives (LCCs). Within 60 days of enactment of this Act, the Service shall provide a report to the Committees outlining how this program deviates from that which was presented to Congress in the annual budget justifications. This report must include how the Service will engage previous stakeholders and how conservation efforts are aligned with partners, especially what will be done to ensure there is collaborative conservation efforts on a landscape scale in fiscal year 2020. In addition, the report should include how the Service will engage in areas where LCCs have been diminished or dismantled. This report must also include the detailed information outlined in House Report 116-100 and Senate Report 116-123. Until this report is received by the Committees, $1,000,000 of the funding provided for General Operations, Central Office Operations, is not available for obligation. Science Support.--The agreement provides $17,267,000 for the Science Support program, which includes $3,500,000 for White Nose Syndrome. General Operations.--The agreement provides $141,967,000 for general operations and includes $20,758,000 for central office operations; $49,166,000 for management and administration; and $35,770,000 for Servicewide bill paying. The National Fish and Wildlife Foundation is funded at $7,022,000 and the National Conservation Training Center is funded at $26,014,000. The recommendation includes $3,237,000 for Aviation Management, as requested. The agreement acknowledges the importance of the development of an electronic permitting system that will make the permitting process more efficient and can be used to combat the illegal trafficking of products and wildlife. The Department is directed to brief the Committees on the final cost estimate and timeline and is encouraged to begin the development of a new system in March 2020. The agreement continues support for the Everglades at not less than the fiscal year 2019 enacted level. CONSTRUCTION The bill provides $29,704,000 for Construction which includes $9,093,000 for line item construction; $14,011,000 for the backlog of deferred maintenance principally at national fish hatcheries and national wildlife refuges; $1,232,000 for bridge and dam safety; and $5,368,000 for nationwide engineering services. For line item construction, the Service is expected to follow the project priority list [[Page H11285]] in the table below. When a construction project is completed or terminated and appropriated funds remain, the Service may use those balances to respond to unforeseen reconstruction, replacement, or repair of facilities or equipment damaged or destroyed by storms, floods, fires and similar unanticipated natural events. ---------------------------------------------------------------------------------------------------------------- Budget State Refuge, Hatchery, or Other Unit Request This Bill ---------------------------------------------------------------------------------------------------------------- CA......................................... Don Edwards San Francisco Bay NWR.. $5,875,000 $5,875,000 MI......................................... Jordan River NFH................... 500,000 500,000 VA......................................... Harrison Lake NFH.................. 558,000 558,000 N/A........................................ Branch of Dam Safety (Newly 250,000 250,000 acquired dams). N/A........................................ Branch of Dam Safety (Seismic 200,000 200,000 safety). N/A........................................ Information Resources & Technology 250,000 250,000 Management. GA......................................... Chattahoochee Forest NFH........... 816,000 816,000 WY......................................... Saratoga National NFH.............. 644,000 644,000 ---------------------------------------------------------------------------------------------------------------- LAND ACQUISITION (INCLUDING RESCISSION OF FUNDS) The bill provides $70,715,000 in new budget authority for the Land Acquisition account and includes a rescission of $3,628,000 to be derived from prior year unobligated balances. The amounts provided by this bill for projects are shown in the table below and are listed in the priority order and in the amounts recommended by the Service for fiscal year 2020. The Green River National Wildlife Refuge was established on November 22, 2019, and the Department is encouraged to purchase parcels as they become available as outlined in Senate Report 116-123. ---------------------------------------------------------------------------------------------------------------- State Project This Bill ---------------------------------------------------------------------------------------------------------------- IA/MN...................................... Northern Tallgrass Prairie NWR..... $1,000,000 TX......................................... Lower Rio Grande Valley NWR........ 2,000,000 SD/ND...................................... Dakota Grassland Conservation Area. 4,250,000 FL......................................... Everglades Headwaters NWR and 3,700,000 Conservation Area. WA......................................... Steigerwald Lake NWR............... 1,900,000 IA......................................... Neal Smith NWR..................... 500,000 LA......................................... Bayou Sauvage NWR.................. 2,000,000 TX......................................... Laguna Atascosa NWR................ 2,000,000 FL......................................... St. Marks NWR...................... 1,500,000 WA......................................... Willapa NWR........................ 1,500,000 IA/IL...................................... Upper Mississippi National Wildlife 1,000,000 and Fish Refuge. MT......................................... Montana National Wildlife Refuges 2,000,000 and Conservation Areas. CA......................................... North Central Valley Wildlife 500,000 Management Area. KS......................................... Flint Hills Legacy Conservation 3,000,000 Area. NC......................................... Alligator River NWR................ 1,000,000 CT/MA/ME/NH/NY/RI.......................... Great Thicket NWR.................. 500,000 CA......................................... Humboldt Bay NWR................... 1,100,000 AR......................................... Cache River NWR.................... 1,800,000 ------------------------------- Subtotal, Line Item Projects................................................ 31,250,000 ---------------------------------------------------------------------------------------------------------------- Budget Request This Bill ---------------------------------------------------------------------------------------------------------------- Acquisition Management............. 9,526,000 13,000,000 Recreational Access................ 0 8,000,000 Emergencies, Hardships, and 338,000 6,500,000 Inholdings. Exchanges.......................... 10 1,500,000 Land Protection Planning........... 0 465,000 Highlands Conservation Act Grants.. 0 10,000,000 Rescission of Funds................ -5,324,000 -3,628,000 ------------------------------- Total, FWS Land Acquisition................................................. 4,540,000 67,087,000 ---------------------------------------------------------------------------------------------------------------- COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND (INCLUDING RESCISSION OF FUNDS) The bill provides $54,502,000 to carry out section 6 of the Endangered Species Act of 1973, of which $23,702,000 is to be derived from the Cooperative Endangered Species Conservation Fund and $30,800,000 is to be derived from the Land and Water Conservation Fund. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. The agreement includes $13,000,000 for traditional conservation grants and $8,000,000 for habitat conservation plan (HCP) assistance grants. The agreement includes a rescission of $18,771,000 to be derived from unobligated balances of appropriations not including HCP land acquisition. The Service shall follow the direction contained in Senate Report 116-123 regarding unobligated balances, particularly with respect to briefing the Committees. NATIONAL WILDLIFE REFUGE FUND The bill provides $13,228,000 for payments to counties from the National Wildlife Refuge Fund. NORTH AMERICAN WETLANDS CONSERVATION FUND The bill provides $46,000,000 for the North American Wetlands Conservation Fund. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND The bill provides $4,910,000 for the Neotropical Migratory Bird Conservation Fund. MULTINATIONAL SPECIES CONSERVATION FUND The bill provides $15,000,000 for the Multinational Species Conservation Fund. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. STATE AND TRIBAL WILDLIFE GRANTS The bill provides $67,571,000 for State and Tribal Wildlife Grants which includes $55,000,000 for State Wildlife Formula grants, $7,362,000 for State Wildlife Competitive grants, and $5,209,000 for Tribal Wildlife grants. National Park Service OPERATION OF THE NATIONAL PARK SYSTEM The bill provides $2,576,992,000 for Operation of the National Park System (ONPS), $74,281,000 above the enacted level and $151,475,000 above the budget request. For this and all other Service accounts funded in this bill, the Service is expected to comply with the instructions and requirements at the beginning of this division and in House Report 116-100 and Senate Report 116-123, unless otherwise specified below. Additional details, instructions, and requirements follow below and in the table at the end of this division. The budget realignment proposed in the budget request for the ONPS account is insufficient to meet the oversight needs of the House and Senate Committees on Appropriations. The Service is directed to provide alternatives to restructure the ONPS appropriation as expeditiously as possible and not later than 90 days following enactment of this Act. Additionally, until such time as a new structure is determined, the Service shall brief the Committees on the prior fiscal year's spending realignment within 60 days of the end of the fiscal year. Funding levels have been adjusted to align with the Service's fiscal year 2019 operating plan. The Committees expect the Service to execute its spending at the levels provided. [[Page H11286]] The Service may not redistribute the recommendations in a fiscal year 2020 operating plan. All programs, projects, and activities are funded at no less than the fiscal year 2019 operating plan levels and the bill does not include program changes proposed in the budget request unless otherwise specified. Additional funding guidance is provided below. Resource Stewardship.--The bill includes: $3,576,000 for the Partnership Wild & Scenic Rivers program and other similarly managed rivers; $1,000,000 for Active Forest Management; $3,000,000 for Quagga and Zebra Mussel programs; $800,000 for Cave and Karst Ecosystem Research; $300,000 for Recreational Access--Support Alaska Subsistence; and $14,200,000 for the National Trails System. Additionally, the bill provides $1,000,000 for the national networks, which include the National Underground Railroad Network to Freedom, the African American Civil Rights Network, the Reconstruction Era National Historic Network, and the World War II Heritage Cities Network. The agreement also provides $425,000 for New Responsibilities at New and Existing Park Areas and a general increase of $1,400,000. The agreement maintains $1,500,000 to continue landscape restoration projects at newly authorized national parks as provided by Public Law 114-113; the Service is expected to merge these landscape restoration funds with park unit operating budgets beginning in fiscal year 2020. Visitor Services.--Funding is provided at the requested level of $737,000 for New Responsibilities at New and Existing Park Areas; $200,000 is for Recreational Access-- Recreational Fishing; the National Capital Area Performing Arts Program is funded at the enacted level of $2,227,000; and, the agreement includes a general increase of $4,632,000. Park Protection.--The requested transfer is accepted and $821,000 is provided for New Responsibilities at New and Existing Park Areas. The bill provides a general increase of $2,200,000 and $200,000 for the Recreation Access--Veteran Fire Corps. Facility Operations and Maintenance.--The requested program increases are provided for DC Water and Sewer, and Rising Visitation. Cyclic Maintenance Projects are funded at $153,575,000 and $1,113,000 is provided for New Responsibilities at New and Existing Park Areas. A general increase of $17,380,000 is provided. Park Support.--New Responsibilities at New and Existing Park Areas is funded at $1,104,000 and an increase of $14,400,000 for Park and Program Operations is provided. Commissions.--The recommendation includes $3,300,000 for the 400 Years of African-American History Commission to be spent in accordance with the 400 Years of African-American History Commission Act and $3,300,000 for the Semiquincentennial Commission to be spent in accordance with the Semiquincentennial Commission Act of 2016. Global Positioning System Modernization.--The recommendation provides $2,000,000 for the replacement of Global Positioning System (GPS) data collection devices used by the Service for facilities planning, lands administration, visitor safety, and infrastructure protection. National Park Foundation.--The recommendation accepts the proposal to move funding for the National Park Foundation from the Centennial Challenge account into the Operation of the National Park System account, a total of $5,000,000. Additional Guidance.--The following additional direction and guidance is provided with respect to funding provided within this account: Hetch Hetchy Reservoir.--The Hetch Hetchy Reservoir, which is located in Yosemite National Park, is the drinking water source for 2.7 million Americans. Since the reservoir's creation in 1923, boating has been prohibited to prevent the introduction of contaminants, and to date the quality of the water from Hetch Hetchy Reservoir is such that it does not require filtration. The Service is directed to maintain this longstanding prohibition. NATIONAL RECREATION AND PRESERVATION The bill provides $71,166,000 for national recreation and preservation, $7,028,000 above the enacted level and $38,829,000 above the budget request. The amounts recommended by the Committees compared with the budget estimates by activity are shown in the table at the end of this explanatory statement. Natural Programs.--The recommendation rejects the reductions proposed in the budget request, but provides the requested increases for Hydropower Recreation Assistance and Federal Lands to Parks. The proposed transfer is accepted. Rivers, Trails, and Conservation Assistance.--The recommendation includes a program increase of $500,000 to provide technical assistance and to work with partners, including local leaders and nonprofit organizations, to enhance on-water education and recreation programming for youth. Chesapeake Bay Gateways and Watertrails.--The agreement includes $3,000,000 for Chesapeake Bay Gateways and Watertrails. Cultural Programs.--The bill provides $1,907,000 for Native American Graves Protection and Repatriation Grants; $3,155,000 for Japanese Confinement Site Grants; and, $1,500,000 for grants to nonprofit organizations or institutions for the purpose of supporting programs for Native Hawaiian or Alaska Native culture and arts development. The agreement also includes $2,000,000 for the competitive grant program, as authorized by the 9/11 Memorial Act (Public Law 115-413). Grants Administration.--The proposed transfer of the funding in the grants administration budget activity into Cultural Programs is accepted and provides $2,815,000. International Park Affairs.--The agreement includes $1,903,000 for International Park Affairs and rejects the proposed transfer. Heritage Partnership Programs.--The recommendation provides $21,944,000 for the Heritage Partnership Program, including $20,962,000 for Commissions and Grants, which is sufficient to provide stable funding sources for both the newly authorized and existing NHAs. The directive contained in the explanatory statement that accompanied Public Law 116-6 with regards to funding distribution is continued. HISTORIC PRESERVATION FUND The bill provides $118,660,000 for historic preservation, $16,000,000 above the enacted level and $85,988,000 above the budget request. Competitive Grants.--Competitive grants to document, interpret, and preserve historical sites associated with the African American Civil Rights Movement are funded at $15,500,000. Building on the success of this program, the Committee provides $2,500,000 to establish a new civil rights grant program that would preserve and highlight the sites and stories associated with securing civil rights for All Americans, including women, American Latino, Native American, Asian American, Pacific Islander, Alaska Native, Native Hawaiian, and LGBTQ Americans. The recommendation also includes $750,000 for grants to under-represented communities. Paul Bruhn Historic Revitalization Grants.--The bill provides $7,500,000 for historic revitalization grants and retains the directives regarding the distribution of funding included in Senate Report 116-123. The agreement hereafter designates these grants as the ``Paul Bruhn Historic Revitalization Grants,'' in recognition of his 40-year commitment to historic preservation and downtown revitalization, and his exceptional legacy of public service. Additional Guidance.--The following guidance is provided with respect to funding provided within this account: National Register of Historic Places.--The agreement includes the directives contained in House Report 116-100 and Senate Report 116-123 pertaining to the proposed rulemaking regarding the National Register of Historic Places. CONSTRUCTION The bill provides $389,345,000 for Construction, $24,641,000 above the enacted level and $143,012,000 above the budget request. Line-Item Construction.--The bill includes funding for updated line-item construction priorities transmitted to the Committees by the Department on May 2, 2019, as part of its budget recast. The Service is expected to use the general program increase to fund additional priority projects identified in its 5-year construction plan, with a final list of selected projects transmitted to the Committees no later than 60 days after enactment of this Act. The recommendation does not include funds to rehabilitate the Fort Vancouver National Historic Site to serve as a new regional office location. The Service shall instead brief the Committee within 60 days of enactment of this Act regarding an alternative plan for the long-term utilization of the site. The following table details the line item construction activity for specific projects requested or provided by the administration. ---------------------------------------------------------------------------------------------------------------- Bill State Project (Discretionary) ---------------------------------------------------------------------------------------------------------------- NY........................................... Statue of Liberty National Monument and Ellis 7,852,000 Island, rehabilitate stone walls. NJ........................................... Statue of Liberty National Monument and Ellis 5,501,000 Island, fire-life and safety. PA........................................... Independence National Historical Park, chiller. 3,587,000 PA........................................... Independence National Historical Park, roof 3,669,000 replacement. PA........................................... Independence National Historical Park, marble 3,127,000 wall preservation. AL........................................... Tuskegee Institute National Historic Site, 3,533,000 Carver Museum preservation. MA........................................... Boston National Historical Park, structure and 9,117,000 facade repair. TN........................................... Chickamauga & Chattanooga National Military 3,810,000 Park, riverbank improvements. OR........................................... Crater Lake National Park, visitor center 10,613,000 stabilization. SC........................................... Fort Sumter National Monument, breakwater 4,566,000 rehabilitation. [[Page H11287]] AZ........................................... Grand Canyon National Park, water 16,700,000 infrastructure improvements. MA........................................... Boston National Historical Park, heat and 5,445,000 distribution system improvements. CO........................................... Curecanti National Recreation Area, visitor 7,080,000 center improvements. CA........................................... Golden Gate National Recreation Area, seismic 6,311,000 strengthening and repairs. MO........................................... Ozark National Scenic River, cabin and lodge 21,697,000 rehabilitation. MA........................................... Cape Cod National Seashore, visitor service 3,245,000 improvements. WA........................................... Fort Vancouver National Historic Site, 0 rehabilitate barracks. AK........................................... Western Arctic National Parklands, housing 3,068,000 replacement. AZ........................................... Pipe Spring National Monument, housing 3,860,000 replacement. AK........................................... Klondike Gold Rush National Historical Park, 4,295,000 housing replacement. WY........................................... Yellowstone National Park, housing replacement. 3,630,000 WY........................................... Devil's Tower National Monument, housing 4,118,000 replacement. WA........................................... Olympic National Park, Elwha River restoration 2,500,000 settlement. OH........................................... Perry's Victory & International Peace Memorial, 29,671,000 seawall replacement. NC........................................... Cape Hatteras National Seashore, lighthouse 18,727,000 repair. MD........................................... Catoctin Mountain Parkwide, utility 21,811,000 infrastructure. SC........................................... Congaree National Park, boardwalk replacement.. 4,798,000 NC........................................... Cape Lookout National Seashore, lighthouse 8,136,000 repair. CO........................................... Mesa Verde National Park, water infrastructure 2,369,000 improvements. CO........................................... Dinosaur National Monument, building 5,647,000 replacement. NJ........................................... Gateway National Recreation Area, water 5,424,000 infrastructure improvements. Multi........................................ General Program Increase....................... 29,049,000 Multi........................................ Abandoned Mine Lands........................... 5,000,000 Multi........................................ Demolition and Disposal........................ 5,000,000 ----------------- Total, Line Item Construction............ 272,956,000 ---------------------------------------------------------------------------------------------------------------- LAND ACQUISITION AND STATE ASSISTANCE (INCLUDING RESCISSION OF FUNDS) The bill provides $208,400,000 in new budget authority for the Land Acquisition account and includes a rescission of $2,279,000 to be derived from prior year unobligated balances. The amounts provided by this bill for projects are shown in the table below and are listed in the priority order and in the amounts recommended by the Service for fiscal year 2020. ---------------------------------------------------------------------------------------------------------------- State Project This Bill ---------------------------------------------------------------------------------------------------------------- WA/OR...................................... Lewis and Clark National Historical $2,555,000 Park. GA......................................... Cumberland Island National Seashore $1,100,000 TX......................................... Palo Alto Battlefield National 3,500,000 Historical Park. NM......................................... El Malpais National Monument....... 5,182,000 VA......................................... Petersburg National Battlefield.... 2,418,000 KY/TN...................................... Big South Fork National River and 850,000 Recreation Area. NC......................................... Guilford Courthouse National 400,000 Military Park. Multi...................................... Battlefield Parks.................. 2,000,000 HI......................................... Ala Kahakai National Historic Trail 6,000,000 NE/SD...................................... Missouri National Recreation River. 2,100,000 ND......................................... Theodore Roosevelt National Park... 900,000 MD/VA...................................... George Washington Memorial Parkway. 1,395,000 --------------- Subtotal, Line Item Projects................................................ 28,400,000 ---------------------------------------------------------------------------------------------------------------- Budget Request This Bill ---------------------------------------------------------------------------------------------------------------- Acquisition Management............. 8,828,000 10,500,000 Recreational Access................ 1,000,000 7,000,000 Emergencies, Hardships, 0 4,000,000 Relocations, and Deficiencies. Inholdings, Donations, and 0 5,500,000 Exchanges. American Battlefield Protection 5,000,000 13,000,000 Program. Rescission of Funds................ -10,000,000 -2,279,000 ------------------------------- Total, NPS Land Acquisition................................................. 4,828,000 66,121,000 ---------------------------------------------------------------------------------------------------------------- Assistance to States: State conservation grants (formula) 0 110,000,000 State conservation grants 0 25,000,000 (competitive). Administrative expenses............ 0 5,000,000 ------------------------------- Total, Assistance to States............ ................................... 0 140,000,000 ------------------------------- ................................... Total, NPS Land Acquisition and State ................................... 4,828,000 206,121,000 Assistance. ---------------------------------------------------------------------------------------------------------------- CENTENNIAL CHALLENGE The bill provides $15,000,000 for the Centennial Challenge matching grant program, $5,000,000 below the enacted level and $15,000,000 above the budget request. The agreement accepts the budget proposal to continue $5,000,000 for critical programs and projects, pursuant to 54 U.S.C. 1011 Subchapter II, in the ONPS account. United States Geological Survey SURVEYS, INVESTIGATIONS, AND RESEARCH The bill provides $1,270,957,000 for Surveys, Investigations, and Research of the U.S. Geological Survey (USGS, or the Survey). The detailed allocation of funding by program area and activity is included in the table at the end of this explanatory statement and is maintained in the fiscal year 2019 budget structure and at enacted funding levels unless otherwise specified below. The agreement does not approve the budget restructure as requested. Consolidating [[Page H11288]] programs of related focus and practice may improve efficiency; however, more information is necessary in order to properly evaluate if any budget restructure would achieve that goal. If the Survey proposes another budget restructure in the fiscal year 2021 budget request, the Committees stand ready to work with the Survey to obtain the needed program data and funding levels to consider the request. Ecosystems.--The agreement provides $170,544,000, including: $16,706,000 for Status and Trends which provides $500,000 for museum collections, and $250,000 for competitively awarded grants for applied research to develop a system for integrating sensors as outlined in Senate Report 116-123; $22,136,000 for the Fisheries program which provides an increase of $3,000,000 for the Great Lakes Science Center; $45,957,000 for Wildlife programs which provides $3,748,000 for White Nose Syndrome research and not less than $400,000 to be devoted to Coral Disease research; and $38,415,000 for the Environments program which includes the funding level for Chesapeake Bay provided in House Report 116-100. The Committees expect work to continue at the enacted levels for other priority landscapes such as the Arctic, Puget Sound, California Bay Delta, Everglades, Great Lakes, and Columbia River. The recommendation provides $23,330,000 for Invasive Species which includes $1,720,000 for Chronic Wasting Disease and a total of $10,620,000 for Asian carp research, of which $3,000,000 is for research on grass carp and the additional increase is to be used in accordance with the specifications outlined in Senate Report 116-123. The agreement encourages the Survey to prioritize research, detection, and response efforts on invasive species with extremely high impacts on public lands, such as the Burmese Python, and to examine expanding their efforts to include Lionfish. Cooperative Research Units are funded at $24,000,000 in accordance with the specifications outlined in House Report 116-100 and the enacted level of $250,000 for moose research is continued. Land Resources.--The agreement provides $166,274,000, which includes $98,894,000 for the National Land Imaging activity maintaining all programs at the enacted level, including $1,215,000 for AmericaView State grants and $84,337,000 for satellite operations. The recommendation provides $29,045,000 in Land Change Science which acknowledges the completion of biological carbon sequestration activities as outlined in Senate Report 116-123. The recommendation provides $38,335,000 for National and Regional Climate Adaptation Science Centers for the purposes outlined in House Report 116-100. This funding level supports the development of the Midwest Climate Adaptation Science Center which was first requested in the fiscal year 2017 Congressional budget justification. Energy, Minerals, and Environmental Health.--The agreement provides $113,536,000 for Energy, Minerals, and Environmental Health. Mineral Resources is funded at $59,869,000 which includes $10,598,000, the budget request, for the critical minerals Earth Mapping Resources Initiative, (Earth MRI). Energy Resources is funded at $30,172,000 and provides $4,000,000 for the implementation of Secretarial Order 3352. Funding requested for the magnetotelluric survey is included in the Geomagnetism Program in the Natural Hazards Mission Area. The agreement provides $23,495,000 for Environmental Health, which includes $10,397,000 for Contaminant Biology. The recommendation includes an increase of $200,000 for research on the impacts of unconventional oil and gas. The recommendation also includes $13,098,000 for toxic substances hydrology, which includes $1,750,000 for research on harmful algal blooms and an increase of $500,000 over the enacted level for unconventional oil and gas research. Natural Hazards.--The agreement provides $170,870,000 for the Natural Hazards Program, including $84,903,000 for earthquake hazards. Within this funding, $19,000,000 is included for continued development and expansion of the ShakeAlert West Coast earthquake early warning (EEW) system and $6,700,000 is provided for infrastructure funding for capital costs associated with the buildout of the ShakeAlert EEW. The recommendation includes $2,000,000 for the national seismic hazard maps and $3,000,000 for regional networks to operate and maintain recently acquired USArray stations as specified in Senate Report 116-123. The recommendation also includes $2,000,000 in infrastructure funding for Advanced National Seismic System (ANSS) deferred maintenance and modernization and $1,800,000 for regional seismic networks. The Survey is directed to provide to the Committees a breakout of the budget components of the Earthquakes program within 90 days of enactment of this Act to gain a more comprehensive understanding of base funding and the allocation of resources to ANSS, Hazard Assessments, and Targeted Research. The agreement provides $30,266,000 for volcano hazards, which maintains programs at the enacted level. The recommendation includes $4,038,000 for Landslide hazards; $7,153,000 for Global seismographic network; and $4,000,000 for Geomagnetism including $1,726,000 for the magnetotelluric survey as well as funding to maintain operation of all observatories. Water Resources.--The agreement provides $234,120,000 for Water Resources, with $63,529,000 directed to activities associated with the Cooperative Matching Funds. Water availability and use science is funded at $47,487,000, which includes $6,000,000 for the Mississippi Alluvial Plain Aquifer Assessment and $1,000,000 for the U.S. Mexico transboundary aquifer assessment. Groundwater and Streamflow Information is funded at $84,173,000 which includes $1,500,000 for implementation of a baseline strategy for transboundary rivers; $300,000 for work to examine perflourinated compounds; $120,000 for the streamgage on the Unuk River; and $1,500,000 for streamgages on certain transboundary rivers. The recommendation includes $92,460,000 for the National Water Quality program which includes $4,000,000 for harmful algal bloom research; $1,000,000 for urban waters; and $300,000 for Shallow and Fractured Bedrock Terrain research. The recommendation includes $10,000,000 for the Water Resources Research Institutes, of which $1,000,000 is for research on aquatic invasive species in the Upper Mississippi River region to address a critical need for multi-state research. Core Science Systems.--The agreement provides $137,902,000, which includes $24,051,000 for science, synthesis, and analysis. National Cooperative Geologic Mapping is funded at $34,397,000 which provides funding for Phase Three of the National Geologic Database as outlined in House Report 116- 100. The National Geospatial program is funded at $79,454,000 which includes $7,722,000 for the Alaska mapping initiative and the following increases: $5,000,000 for the 3D Elevation program (3DEP) to accelerate achievement of 100 percent coverage of the Great Lakes region; $2,000,000 for the U.S. Topo program to procure product-on-demand updates; and $3,000,000 to produce digital surface models using unclassified satellite optical data for the U.S. and territories not mapped with LiDAR in 2021. It is expected that any funding awarded outside the Federal sector will undergo a competitive review process. Science Support.--The agreement includes $96,828,000 which includes $74,881,000 for administration and management and $21,947,000 for Information Services. Facilities.--The agreement includes $180,883,000 for facilities, deferred maintenance and capital improvement. Within these amounts, $104,719,000 is included for rental payments and operations and maintenance. The recommendation provides $76,164,000 for deferred maintenance and capital improvement which includes funding as outlined in Senate Report 116-123 to build a new Hydrologic Instrumentation Facility (HIF) consistent with the Survey's current plan to colocate with complementary academic and federal partners and to replace the Survey's facilities on the island of Hawaii impacted by the 2018 volcanic events at Kilauea. Also provided in this agreement is $5,000,000 for the National Wildlife Health Center to renovate the Biosafety level 3 Diagnostic Laboratories and convert to a new solid waste disposal. Bureau of Ocean Energy Management Ocean Energy Management The bill provides $191,611,000 in new budget authority for the Ocean Energy Management appropriation, which is partially offset with the collection of rental receipts and cost recovery fees totaling $60,000,000, for a net discretionary appropriation of $131,611,000. Specific activity-level allocations are contained in the table at the back of this explanatory statement. In renewable energy, the increase above the budget request is for additional permitting and environmental staff. Offshore Wind Permitting.--The Bureau shall follow the direction in Senate Report 116-123. Bureau of Safety and Environmental Enforcement Offshore Safety and Environmental Enforcement (Including Rescission of Funds) The bill provides $192,812,000 for the Offshore Safety and Environmental Enforcement appropriation. This amount is partially offset with the collection of rental receipts, cost recovery fees, and inspection fees totaling $69,479,000, and a rescission of prior year unobligated balances of $4,788,000, resulting in a net discretionary appropriation of $118,545,000. Specific activity-level allocations are contained in the table at the back of this explanatory statement. Oil Spill Research The bill provides $14,899,000 for Oil Spill Research. Office of Surface Mining Reclamation and Enforcement Regulation and Technology The bill provides $117,768,000 for the Regulation and Technology appropriation. Specific allocations at the activity and subactivity level are displayed in the table at the back of this explanatory statement. In the Environmental Protection activity, funding shall be allocated at the same levels as it was in fiscal year 2019. All other activities are funded as proposed in the budget request. Abandoned Mine Reclamation Fund The bill provides $139,713,000 for the Abandoned Mine Reclamation Fund appropriation. Specific allocations at the activity level are displayed in the table at the back of this explanatory statement. Of the funds provided, $24,713,000 shall be derived from the Abandoned Mine Reclamation Fund and $115,000,000 shall be derived from the General Fund and shall be distributed to states consistent with the direction in Senate Report 116-123. [[Page H11289]] Indian Affairs Bureau of Indian Affairs Operation of Indian Programs (Including Transfers of Funds) The agreement accepts the budget proposal to strengthen the Bureau of Indian Education (BIE) as an independent bureau with a separate budget structure, including a separate construction budget, from the Bureau of Indian Affairs (BIA). The separation is reflected below. The bill provides $1,577,110,000 for Operation of Indian Programs. All programs, projects, and activities are maintained at fiscal year 2019 levels, except for requested fixed cost increases and internal transfers, or unless otherwise specified below. For this and all other Bureau accounts funded in this bill, Indian Affairs is expected to comply with the instructions and requirements at the beginning of this division and in House Report 116-100 and Senate Report 116-123, unless otherwise specified below. Additional details, instructions, and requirements are included below and in the table at the end of this division. Indian Affairs is reminded of the importance of meeting reporting requirement deadlines so that the Committees can properly evaluate programs. Failure to do so could negatively impact future budgets. Tiwahe.--The bill continues the Tiwahe Initiative at fiscal year 2019 levels across all programs and activities with funding distributed in the same amounts to the same recipients, including the funding to support women and children's shelters. There is concern that Tiwahe funding was not properly documented or distributed as outlined in the Office of Inspector General report published in 2018; therefore, BIA is directed to submit the final reports as directed by House Report 115-765 and Senate Report 116-123 within 90 days of enactment of this Act. NATIVE Act.--Funding is continued across all programs and activities at fiscal year 2019 levels for the Native American Tourism and Improving Visitor Experience Act of 2016 (P.L. 114-221) (NATIVE Act). The agreement directs BIA to comply with the reporting requirement for the road maintenance program funding in Senate Report 116-123. Alternative Financing/105(l) Lease Costs.--Estimates for lease costs resulting from section 105 of the Indian Self- Determination and Education Assistance Act continue to increase and have the potential to increase over the coming months. The agreement directs BIA to comply with the 105(l) lease costs language included in the front of this explanatory statement. Staffing.--The high level of staff vacancies prevents BIA from fulfilling its trust responsibilities. Indian Affairs is directed to submit a report to the Committees on Appropriations detailing actual staffing and vacancy levels within the Bureau by region and headquarters for each program, and the amount of funding associated with any vacant positions within 120 days of enactment of this Act. Human Services.--The bill provides $155,685,000 for human services programs and includes $1,000,000 to implement section 202 of the Indian Child Welfare Act (25 U.S.C. Sec. 1932), and an increase of $2,000,000 for the Housing Program for a total funding level of $11,708,000. BIA is instructed to report back within 30 days of enactment of this Act on how this funding will be distributed. Trust--Natural Resources Management.--The bill provides $226,819,000 for natural resources management programs, including $2,000,000 to finalize implementation of section 7 of the Elwha River Ecosystem and Fisheries Restoration Act (P.L. 102-495), and $41,743,000 for Rights Protection Implementation, of which an additional $500,000 is for the law enforcement needs for treaty sites on the Columbia River; and an additional $900,000 is to implement the Pacific Salmon Treaty. The agreement continues funding for the Everglades at the fiscal year 2019 levels. Within the Tribal Management Development program, the bill includes an additional $255,000 to advance the understanding of salmon and steelhead habitat; an additional $500,000 to develop Tribal buffalo herds and support related activities; and an additional $700,000 for pilot projects and programs for Alaska subsistence activities as further outlined in the Senate Report 116-123. In addition, the agreement includes $25,541,000 for the Agriculture Program (TPA); $9,773,000 for Invasive Species; $6,549,000 for Wildlife and Parks (TPA); and $8,525,000 for water management, planning and pre- development. The agreement includes $1,000,000 for the Assistant Secretary of Indian Affairs to contract with relevant federally recognized Tribes or Tribal organizations to allow Tribal cultural experts to perform a cultural resources investigation to identify culturally and historically significant areas and sites in areas of high energy development potential within the Chaco Canyon region of the Southwest. As part of this investigation, the agreement expects special emphasis to be given to areas of high development potential as defined in Figure 10 of the Bureau of Land Management's February 2018 Final Report, ``Reasonable Development Scenario of Oil and Gas Activities'' for the Mancos-Gallup RMPA Planning Area. The Assistant Secretary shall consult with affected Tribes prior to soliciting proposals and shall award funds within 270 days of enactment of this Act. Trust--Real Estate Services.--The bill provides $138,097,000 for real estate services, of which $500,000 is to implement the Gila River Indian Community Federal Rights- of-Way, Easements and Boundary Clarification Act (P.L. 115- 350); $4,852,000 is for Environmental Quality Program (TPA); $17,743,000 is for Environmental Quality Projects; $4,078,000 is for Rights Protection (TPA); and $10,727,000 is for Water Rights Negotiation, including $1,500,000 for rights protection litigation support. Funding is continued for the Alaska Native Claims Settlement Act historical places. The Bureau is reminded of the directives in House Report 116-100 regarding water rights negotiations. Public Safety and Justice.--The bill provides $434,326,000 for public safety and justice programs, of which: an additional $1,000,000 is to solve Missing and Murdered Indigenous Women cold cases; an additional $1,000,000 is for background checks to hire more law enforcement officers; an additional $2,000,000 is to supplement fiscal year 2019 funding levels to hire additional detention/corrections staff at facilities located on Indian lands; an additional $2,000,000 is to purchase equipment to collect and preserve evidence at crime scenes throughout Indian Country; $3,000,000 is for activities to implement and ensure compliance with the Violence Against Women Act; $14,000,000 is to address the needs of Tribes affected by Public Law 93- 280 and as further outlined in the Senate Report 116-123; and $18,203,000 is for facilities operations and maintenance, of which $2,000,000 is to supplement fiscal year 2019 funding levels for facilities located on Indian lands. The recommendation also includes $2,500,000 to focus on advanced training needs to help address the crisis for missing, trafficked, and murdered indigenous women. These activities shall focus on training for detectives, forensics, and other specialized courses in an effort to provide greater access to programs for Indian country law enforcement personnel to create safer communities. This advanced training shall not duplicate those activities at the Indian Police Academy, which continues as the central justice services training location for tribal law enforcement, including for entry-level law enforcement officers, agents and corrections officers, and the agreement provides full funding for these programs. To further address the crisis of missing, trafficked, and murdered indigenous women, it is necessary to both boost coordination and data collection among Tribal, local, State, and Federal law enforcement. For this reason, the agreement directs BIA to designate an official within the Office of Justice Services to work with Tribes to develop a set of guidelines on how to best collect the statistics on missing, trafficked, and murdered native women. The designee is expected to report back to the Committees on his or her findings within 1 year after enactment of this Act. Additionally, the Government Accountability Office is directed to conduct a review of the BIA's policy for investigating and reporting missing and murdered Native Americans as well as outline recommendations for ways in which the BIA can improve and better coordinate BIA and Tribal law enforcement activities with other Federal agencies to improve access to databases and public notification systems. The agreement directs BIA to conduct the study identified in section 117 of Division B of H.R. 3055, as passed by the Senate on October 31, 2019, related to law enforcement staffing needs of Indian Tribes, and submit such study to the House and Senate Committees on Appropriations within 270 days of enactment of this Act. Community and Economic Development.--The bill provides $52,529,000 for community and economic development programs, including $13,525,000 for Job Placement and Training (TPA) and $2,791,000 for Economic development (TPA). The agreement also includes $3,000,000 for grants to federally recognized Indian Tribes and Tribal organizations to provide native language instruction and immersion programs to native students not enrolled at BIE schools, including those Tribes and organizations in states without Bureau-funded schools. Executive Direction and Administrative Services.--The bill includes $235,475,000 for executive direction and administrative services, of which: $10,200,000 is for Assistant Secretary Support; $20,425,000 is for Executive Direction; and $48,030,000 is for Administrative Services. CONTRACT SUPPORT COSTS The bill provides an indefinite appropriation for contract support costs, consistent with fiscal year 2019 and estimated to be $271,000,000. CONSTRUCTION (INCLUDING TRANSFERS AND RESCISSION OF FUNDS) The agreement accepts the budget proposal to strengthen BIE as an independent bureau with a separate budget structure, including a separate construction budget, from BIA. The separation is reflected below. The bill provides $128,591,000 for Construction. All programs, projects, and activities are maintained at fiscal year 2019 levels, except for requested fixed cost increases and transfers, or unless otherwise specified below. Public Safety and Justice Construction.--The bill provides $42,811,000 for public safety and justice construction and includes the following: $25,500,000 for facilities replacement and new construction; $4,494,000 for employee housing; $9,372,000 for facilities improvement and repair; $170,000 for fire safety coordination; and $3,274,000 for fire protection. With [[Page H11290]] the funds provided, the agreement encourages the Department to incorporate planning, design, and operations of buildings to reduce costs, minimize environmental impacts, use renewable energy and incorporate green infrastructure and the most current energy efficiency codes and standards to the maximum extent practicable and submit a report to the Committees on Appropriations within 90 days of enactment of this Act describing how the Department incorporated these activities. The agreement directs BIA to submit the report describing the facilities investments required to improve the direct service and Tribally operated detention and public safety facilities in Indian country that are in poor condition, including associated cost estimates, as provided in Division B of H.R. 3055, as passed by the Senate on October 31, 2019. Resources Management Construction.--The bill provides $71,258,000 for resources management construction programs and includes the following: $28,698,000 for irrigation project construction, of which $3,402,000 is for the Navajo Indian Irrigation Project and $10,000,000 is for projects authorized by the WIIN Act; $2,613,000 for engineering and supervision; $1,016,000 for survey and design; $651,000 for Federal power compliance; and $38,280,000 for dam safety and maintenance. The bill rescinds $2,000,000 in prior year resources management construction funding that is no longer necessary as the project was completed using funding provided under the Environmental Quality Projects program in the Operation of Indian Programs. Other Program Construction.--The bill provides $14,522,000 for other program construction and includes $1,419,000 for telecommunications; $3,919,000 for facilities and quarters; and $9,184,000 for program management, which includes $3,211,000 to continue the project at Fort Peck. INDIAN LAND AND WATER CLAIMS SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO INDIANS The bill provides $45,644,000 for Indian Land and Water Claims Settlements and Miscellaneous Payments to Indians, ensuring that Indian Affairs will meet the statutory deadlines of all authorized settlement agreements to date. The recommended level enables Indian Affairs to make a final payment to the Pechanga Band of Luiseno Mission Indians if needed to complete the Federal obligation and includes amounts to make a payment, in an amount to be determined by the Secretary, to the Blackfeet Settlement Trust Fund. The Department is directed to submit a spending plan to the Committees within 90 days of enactment of this Act on how it plans to allocate the funds provided by the bill for the specific settlements. INDIAN GUARANTEED LOAN PROGRAM ACCOUNT The bill provides $11,779,000 for the Indian Guaranteed Loan Program Account to facilitate business investments in Indian Country. Bureau of Indian Education OPERATION OF INDIAN PROGRAMS (INCLUDING TRANSFERS OF FUNDS) The agreement accepts the budget proposal to strengthen the Bureau of Indian Education (BIE) as an independent bureau with a separate budget structure, including a separate construction budget, from the Bureau of Indian Affairs (BIA). The separation is reflected below. Alternative Financing/105(l) Lease Costs.--Estimates for lease costs resulting from section 105 of the Indian Self- Determination and Education Assistance Act continue to increase and have the potential to increase over the coming months. The agreement directs Indian Affairs to comply with the 105(l) lease costs language included in the front of this explanatory statement. Bureau of Indian Education.--The bill includes $943,077,000 for the operation of BIE. All programs, projects, and activities are maintained at fiscal year 2019 levels when BIE was part of BIA, except for requested fixed cost increases and transfers, or unless otherwise specified below. For this and all other Bureau accounts funded in this bill, BIE is expected to comply with the instructions and requirements at the beginning of this division and in House Report 116-100 and Senate Report 116-123, unless otherwise specified below. Additional details, instructions, and requirements follow below and in the table at the end of this division. Post-secondary programs (forward-funded) are provided with a five percent increase above the fiscal year 2019 enacted level and Tribal grant support costs are funded at current estimates. Within education program enhancements, a total of $4,000,000 is included for Native language immersion grants at BIE-funded schools; $18,852,000 is included for Early Child and Family Development programs to continue current activities; and $42,607,000 is provided for Education Management for the separation transition of BIE and BIA. Within facility operations, $6,000,000 is included to meet the Department's efforts to pursue alternative financing options to address the significant need for replacement school construction at BIE-funded schools. The Department is directed to obligate only the actual amount required to meet the terms of a negotiated lease. The agreement directs the Department to comply with the directive contained in the explanatory statement accompanying the fiscal year 2019 consolidated appropriations bill. Johnson O'Malley.--The bill provides $20,335,000 for Johnson O'Malley programs, including $2,500,000 for one time capacity building. With the remaining additional funding, the agreement directs BIE to provide funding to more Tribes in order to assist more students. EDUCATION CONSTRUCTION The agreement accepts the budget proposal to strengthen BIE as an independent bureau with a separate budget structure, including a separate construction budget, from BIA. The separation is reflected below. Education Construction.--The bill provides $248,257,000 for schools and related facilities within the BIE system and includes the following: $115,504,000 for replacement school campus construction; $23,935,000 for replacement facility construction; $13,578,000 for employee housing repair; and $95,240,000 for facilities improvement and repair. No funding is included for the proposed Replacement/New Employee Housing initiative. Green Infrastructure.--With the funds provided, the agreement encourages the Department to incorporate planning, design, and operations of buildings to reduce costs, minimize environmental impacts, use renewable energy and incorporate green infrastructure and the most current energy efficiency codes and standards to the maximum extent practicable and submit a report to the Committees on Appropriations within 90 days of enactment of this Act describing how the Department incorporated these activities. BIE is reminded that the status of the facilities impacts the health and safety of children. There is concern that BIE health and safety inspections may be merely cursory reviews rather than detailed inspections. The agreement directs BIE to submit within 90 days of enactment of this Act details on what is included in annual health and safety inspections and to provide a copy of such inspections to the Committees on Appropriations within 30 days of a request for a copy of an inspection. ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFERS OF FUNDS) The agreement continues to allow transfers of Tribal priority allocations funds between BIA Operation of Indian Programs and BIE Operation of Indian Programs initiated at the request of an Indian Tribe. This authority does not apply to any other transfers, including those to separate the BIA and the BIE. Departmental Offices Office of the Secretary DEPARTMENTAL OPERATIONS (INCLUDING TRANSFER OF FUNDS) The bill provides $131,832,000 for Departmental Offices, Office of the Secretary, Departmental Operations. Allocations at the activity level are provided for in the table at the end of this explanatory statement. Freedom of Information Act.--It is appreciated that the Department incorporated significant revisions in the final rule it released on October 24, 2019, to amend its Freedom of Information Act (FOIA) regulations to ensure consistency with the statute. The bill also provides $1,000,000 in new funding to help the Department address its FOIA workload. Appraisal and Valuation Services Office.--The agreement provides $10,000,000, derived from the LWCF, to improve the speed of the office's activities related to conservation grants and land acquisition projects. Insular Affairs ASSISTANCE TO TERRITORIES The bill provides $102,881,000 for Assistance to Territories. The detailed allocation of funding is included in the table at the end of this explanatory statement. The bill provides $6,250,000, an increase of $1,250,000 over the fiscal year 2019 enacted level, for Empowering Insular Communities to be used in accordance with 48 U.S.C. 1492a, as well as the related reporting requirement provided in House Report 116-100 on updating and implementing energy action plans. The bill provides $4,375,000, an increase of $375,000 over the fiscal year 2019 enacted level, for the Maintenance Assistance Fund. The Department is expected to continue its work institutionalizing better maintenance practices. COMPACT OF FREE ASSOCIATION The bill provides $8,463,000 for Compact of Free Association, $5,050,000 above the fiscal year 2019 enacted level and $5,354,000 above the budget request. A detailed table of funding recommendations below the account level is provided at the end of this explanatory statement. Within the program, $5,000,000 is provided as an initial payment towards the $20,000,000 in compensation requested by the Republic of the Marshall Islands for adverse financial and economic impacts as authorized by Public Law 108-188. Office of the Solicitor SALARIES AND EXPENSES The bill provides $66,816,000 for the Office of the Solicitor. The detailed allocation of funding is included in the table at the end of this explanatory statement. Office of Inspector General SALARIES AND EXPENSES The bill provides $55,986,000 for the Office of Inspector General. The detailed allocation of funding is included in the table at the end of this explanatory statement. The agreement includes additional funds to hire auditors, investigators, and mission support staff, and provides the requested two-year funding availability to avoid disruption in oversight activities. [[Page H11291]] Office of the Special Trustee for American Indians FEDERAL TRUST PROGRAMS (INCLUDING TRANSFER AND RESCISSION OF FUNDS) The bill provides $111,540,000 for the Office of the Special Trustee for American Indians. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. The bill rescinds $3,000,000 from prior year unobligated balances within Executive Direction and Program Operations, Support and Improvements to the Office of the Special Trustee, however, no funds appropriated for historical accounting activities are being rescinded. Department-Wide Programs WILDLAND FIRE MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) The bill provides a total of $1,252,338,000 for Department of the Interior Wildland Fire Management. Of the funds provided, $683,657,000 is for suppression operations, of which $300,000,000 is provided through the Wildland Fire Cap Adjustment authorized in the Consolidated Appropriations Act, 2018 (P.L. 115-141). The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. CENTRAL HAZARDOUS MATERIALS FUND The bill includes $22,010,000 for the Central Hazardous Materials Fund. Of that amount, $12,000,000 shall be for a one-time competitive grant program that will fund radium decontamination and remediation of facilities at any land- grant university that was subjected to such contamination by actions of the former United States Bureau of Mines and has been notified by federal or state agencies that such contamination exceeds allowable levels. The Department is urged to publish application guidelines within 60 days of enactment of this Act and make final selections and issue such grants as soon as practicable thereafter. Natural Resource Damage Assessment and Restoration NATURAL RESOURCE DAMAGE ASSESSMENT FUND The bill provides $7,767,000 for the Natural Resource Damage Assessment Fund. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. WORKING CAPITAL FUND The bill provides $55,735,000 for the Department of the Interior, Working Capital Fund. Funds are to be allocated between the FBMS and Cybersecurity activities at the 2019 enacted level. No funds are provided for the New Pay initiative. OFFICE OF NATURAL RESOURCES REVENUE The bill provides $147,330,000 for the Office of Natural Resources Revenue. General Provisions, Department of the Interior (INCLUDING TRANSFERS OF FUNDS) The bill includes various legislative provisions affecting the Department in Title I of the bill, ``General Provisions, Department of the Interior.'' The provisions are: Section 101 provides Secretarial authority for the intra- bureau transfer of program funds for expenditures in cases of emergencies when all other emergency funds are exhausted. Section 102 provides for the Department-wide expenditure or transfer of funds by the Secretary in the event of actual or potential emergencies including forest fires, range fires, earthquakes, floods, volcanic eruptions, storms, oil spills, grasshopper and Mormon cricket outbreaks, and surface mine reclamation emergencies. Section 103 provides for the use of appropriated funds by the Secretary for contracts, rental cars and aircraft, telephone expenses, and other certain services. Section 104 provides for the expenditure or transfer of funds from the Bureau of Indian Affairs and Bureau of Indian Education, and the Office of the Special Trustee for American Indians, for Indian trust management and reform activities. Section 105 permits the redistribution of Tribal priority allocation and Tribal base funds to alleviate funding inequities. Section 106 authorizes the acquisition of lands for the purpose of operating and maintaining facilities that support visitors to Ellis, Governors, and Liberty Islands. Section 107 continues Outer Continental Shelf inspection fees to be collected by the Secretary of the Interior. Section 108 provides the Secretary of the Interior with authority to enter into multi-year cooperative agreements with non-profit organizations for long-term care of wild horses and burros. Section 109 addresses the U.S. Fish and Wildlife Service's responsibilities for mass marking of salmonid stocks. Section 110 allows the Bureau of Indian Affairs and Bureau of Indian Education to more efficiently and effectively perform reimbursable work. Section 111 provides for the establishment of a Department of the Interior Experienced Services Program. Section 112 requires funds to be available for obligation and expenditure not later than 60 days after the date of enactment. Section 113 addresses Natural Heritage Areas. Section 114 provides Secretary of the Interior the ability to transfer funds among and between the Bureau of Indian Affairs and the Bureau of Indian Education. Section 115 provides funding for the Payments in Lieu of Taxes (PILT) program. Section 116 addresses the issuance of rules for sage- grouse. Section 117 directs notification of any deviation in procedure or equipment. TITLE II--ENVIRONMENTAL PROTECTION AGENCY The agreement provides $9,057,401,000 for the Environmental Protection Agency (EPA). The agreement does not support reductions proposed in the budget request unless explicitly noted in the explanatory statement. The bill does not include any of the requested funds for workforce reshaping. Congressional Budget Justification.--As part of its fiscal year 2021 budget justification submittal, the Agency is directed to include the information specified in the joint explanatory statement accompanying Public Law 116-6. Budget Rebaselining.--In previous fiscal years, the Committees have included account-wide rescissions of funds to the Science and Technology account, Environmental Programs and Management account, and State and Tribal Assistance Grants (STAG) account and provided additional infrastructure funding in a Title IV general provision. The Agency was given guidance on how to apply the rescissions, and directed to submit, as part of its annual operating plan, details of its application of these rescissions at the program project level. For fiscal year 2020, the Committees end both practices. The agreement provides all Agency funds in Title II of the bill and does not include any rescissions of funds. Any reference in this explanatory statement to the fiscal year 2019 operating plan level for a program area or program project are to the levels contained in the fiscal year 2019 operating plan after the application of any rescissions. For reference, operating plan program area funding levels for fiscal year 2019 can be found in Senate Report 116-123. Operating Plan.--Within 30 days of enactment or February 10, 2020, whichever is later, the Agency is directed to submit to the House and Senate Committees on Appropriations its annual operating plan for fiscal year 2020. The operating plan shall adhere to the program area levels, and where applicable, program project levels, specified within this explanatory statement. For program project levels not otherwise specified herein, the operating plan should detail how the Agency plans to allocate funds at the program project level. Workforce and Staffing Plans.--The Committees expect the Agency to submit, as part of its operating plan, FTE targets by National Program Management area, with separate FTE targets for headquarters and each regional office within each Program, in line with the Agency's enacted fiscal year 2020 appropriation. The Agency is directed to brief the Committees quarterly on ongoing Agency actions to meet these FTE goals. The Agency should also develop workforce and staffing plans to achieve these FTE targets. Study on Grants to Communities in Need.--The Agency is directed to brief the Committees within 60 days of enactment on how the Agency tracks competitive grant program funds and the Agency's ability to track grant dollars as outlined under this heading in House Report 116-100. Science and Technology For Science and Technology programs, the bill provides $716,449,000. The bill transfers $30,747,000 from the Hazardous Substance Superfund account to this account. The agreement provides the following specific funding levels and direction: Clean Air.--The agreement provides $116,064,000, which includes a $700,000 increase for the Federal Vehicle and Fuels Standards Certification program project above the fiscal year 2019 operating plan level. Enforcement.--The agreement provides $13,592,000, which includes a $600,000 increase for essential operations and maintenance costs at the National Enforcement Center's laboratory. Indoor Air and Radiation.--The agreement provides $5,149,000 and funding for the Radon Program is maintained at not less than the fiscal year 2019 operating plan level. Research: Air and Energy.--The agreement provides $94,496,000 for Research: Air and Energy. Of this amount, up to $4,500,000 shall be used to continue the study under the heading ``Partnership Research'' contained in the joint explanatory statement accompanying Public Law 115 141. The agreement does not include the directive contained in House Report 116-100 with respect to a National Academy of Sciences review of the Integrated Science Assessment for Particulate Matter. Maintaining IRIS Program Integrity.--The Agency is directed to continue funding for the Integrated Risk Information System (IRIS) program at the fiscal year 2017 level and to continue the program within the Office of Research and Development (ORD). Within 60 days of enactment, the Agency is directed to brief the Committees on the IRIS FTE structure and the detail of IRIS FTEs to support other, non-IRIS, Agency programs, as well as to support other Executive Branch agencies. The Agency is expected to fully cooperate with the Committees' requests for information. Research: National Priorities.--The agreement provides $6,000,000 to be used for extramural grants, independent of the Science to Achieve Results (STAR) grant program, as specified under this heading in Senate Report 116-123. [[Page H11292]] Research: Safe and Sustainable Water Resources.--The agreement provides $110,890,000, a $6,000,000 increase above the fiscal year 2019 operating plan level. Of this increase, $3,000,000 should be used to support the Agency's ongoing work to establish Maximum Contaminant Levels under the Safe Drinking Water Act for Per- and Polyfluoroalkyl Substances (PFAS) chemicals, and up to $1,000,000 shall be used for grants under Section 2007 of Public Law 115-270. Water: Human Health Protection.--The agreement provides $4,094,000, as requested. Additional Guidance.--The following additional guidance is included: STAR Grants.--The agreement provides funds to continue the STAR program, and the Agency is directed to distribute grants consistent with fiscal year 2019. The Agency is further directed that funding for the Children's Environmental Health and Disease Prevention Research Centers shall be continued at a level consistent with prior years of funding, and the Agency shall brief the Committees on its efforts to reestablish a grant process for the Centers within 60 days of enactment. Harmful Algal Blooms.--The agreement provides $6,000,000 for the Agency to carry out harmful algal bloom work consistent with the direction in House Report 116-100. Enhanced Aquifer Use.--The Agency is directed to continue following the guidance contained in Senate Report 114-281. Further, from the funds provided to Research: Safe and Sustainable Waters, $2,000,000 shall be for research for Enhanced Aquifer Use and Recharge. The Agency shall distribute funds to appropriate Research Centers to carry out research activities that would directly support groundwater research on Enhanced Aquifer Recharge, including support of sole source aquifers; to work collaboratively with U.S. Geological Survey to carry out these activities; and to partner, through cooperative agreements, contracts, or grants, with universities, Tribes, and water related institutions for planning, research, monitoring, outreach, and implementation in furtherance of Enhanced Aquifer Recharge research. Microplastics.--The Committees support the Agency's ongoing efforts to develop standards for microplastics analysis. The agreement provides $500,000 from within funds made available under Research: Safe and Sustainable Water Resources for the work described in Senate Report 116-123. Environmental Impact of Currently Marketed Sunscreens.--The Committees recognize the important health benefits that come from reducing exposure to ultraviolet radiation, including by the use of sunscreens. To better assess any potential environmental impacts of currently marketed sunscreen filters on the environment, the Agency is directed to contract with the National Academy of Sciences (NAS) to conduct a review of the scientific literature of currently marketed sunscreens' potential risks to the marine environment. This review should include any risks that sunscreen filters might pose to freshwater ecosystems, coral reefs, aquatic and marine life, and wetland ecosystems, and should identify any additional research needed to conduct aquatic environmental risk assessments. Additionally, the study should also review the current scientific literature on the potential public health implications associated with reduced use of currently marketed sunscreen ingredients for protection against excess ultraviolet radiation. Environmental Programs and Management For Environmental Programs and Management, the bill provides $2,663,356,000. The agreement provides the following specific funding levels and direction: Clean Air.--The agreement provides $273,108,000. This includes $129,350,000 for Federal Support for Air Quality Management. The agreement also funds both program areas related to stratospheric ozone at not less than the fiscal year 2019 enacted levels. The agreement provides $38,379,000 for the EnergySTAR program, equal to the fiscal year 2019 level, and the Agency is directed to follow the guidance related to the operation of this program in the joint explanatory statement accompanying Public Law 116-6. Compliance.--The agreement provides $101,665,000. The Agency is directed to provide to the Committees, within 30 days of enactment, separate targets for onsite inspections and offsite compliance monitoring activities for fiscal year 2020, and similar separate target and actuals data from the previous five fiscal years. Further, the Agency is encouraged to present targets for these activities separately in future budget requests. Enforcement.--The agreement provides $240,637,000 for enforcement, and the Agency is directed to follow the guidance regarding Environmental Justice under this heading in House Report 116-100. Environmental Protection: National Priorities.--The agreement provides $17,700,000 for a competitive grant program for qualified non-profit organizations, to provide technical assistance for improved water quality or safe drinking water, adequate waste water to small systems or individual private well owners. The Agency shall provide $15,000,000 for Grassroots Rural and Small Community Water Systems Assistance Act, for activities specified under Section 1442(e) of the Safe Drinking Water Act (42 U.S.C.300j-1(e)(8)). The Agency is also directed to provide $1,700,000 for grants to qualified not-for-profit organizations for technical assistance for individual private well owners, with priority given to organizations that currently provide technical and educational assistance to individual private well owners. The Agency is directed to provide on a national and multi-State regional basis, $1,000,000 for grants to qualified organizations, for the sole purpose of providing on-site training and technical assistance for wastewater systems. The Agency shall require each grantee to provide a minimum 10 percent match, including in kind contributions. The Agency is directed to allocate funds to grantees within 180 days of enactment. The Committees remain concerned that the Agency made a decision to put out a multi-year Request for Applications for fiscal years 2017 and 2018 without the express approval of the Committees. The Agency is directed to obtain approval from the Committees for any similar activity in the future. Geographic Programs.--The agreement provides $510,276,000 as described in the table at the end of this division, and includes the following direction: Great Lakes Restoration Initiative.--The agreement provides $320,000,000, and the Agency is directed to follow the guidance in House Report 116-100. Chesapeake Bay.--The agreement provides $85,000,000 for the Chesapeake Bay program and the Agency is directed to follow the guidance in House Report 116-100. San Francisco Bay.--The agreement provides $5,922,000 for the San Francisco Bay program and the Agency is directed to follow the guidance in House Report 116-100. Puget Sound.--The agreement provides $33,000,000 and the Agency is directed to follow the guidance in House Report 116-100. Long Island Sound.--The agreement provides $21,000,000 and the Agency is directed to follow the guidance in House Report 116-100. Gulf of Mexico.--The agreement provides $17,553,000 for the Gulf of Mexico Geographic Program and the Agency is directed to follow the guidance in Senate Report 116-123. South Florida Program.--The agreement provides $4,845,000 for the South Florida program and the Agency is directed to follow the guidance in Senate Report 116-123. Lake Champlain.--The agreement provides $13,390,000 for the Lake Champlain program and the Agency is directed to follow the guidance in Senate Report 116-123. Lake Pontchartrain.--The agreement provides $1,442,000 for the Lake Pontchartrain program. Southern New England Estuaries.--The agreement provides $5,400,000 and the Agency is directed to follow the guidance in House Report 116-100. Columbia River Basin Restoration Program.--The agreement provides $1,236,000. Northwest Forest Program.--The agreement maintains funding to support the Northwest Forest Program at not less than the fiscal year 2019 funding level. Great Lakes and Lake Champlain Invasive Species Program.-- As authorized by the recently enacted Vessel Incident Discharge Act (P.L. 115-282), the Agency is charged with implementing the Great Lakes and Lake Champlain Invasive Species Program. As the Agency develops its implementation plan, it is expected to coordinate with all appropriate Federal agency partners, as well as the Federally authorized Lake Champlain Basin Program. The Agency is directed to submit an implementation plan within 90 days of enactment detailing actions the Agency expects to take in fiscal year 2020 to implement this important program. Indoor Air and Radiation.--The agreement provides $24,951,000 and maintains the Radon program at not less than the fiscal year 2019 enacted level of $3,136,000. The Agency is directed to continue following the guidance under this heading in the joint explanatory statement accompanying Public Law 116-6. Information Exchange/Outreach.--The agreement provides $118,828,000. Funding for the Tribal Capacity Building and Toxic Release Inventory program projects are maintained at the fiscal year 2019 operating plan level. The Agency is expected to continue the Small Minority Business Assistance program. Resource Conservation and Recovery Act.--The agreement provides $112,789,000. Of funds provided under this section, $9,000,000 should be allocated for the purpose of developing and implementing a Federal permit program for the regulation of coal combustion residuals in nonparticipating states, as authorized under section 4005(d)(2)(B) of the Solid Waste Disposal Act (42 U.S.C. 6945(d)(2)(B)), or to provide technical assistance to states establishing their own permitting program under section 4005(d) of the Solid Waste Disposal Act (42 U.S.C. 6945(d)). The Water Infrastructure Improvements for the Nation Act of 2016 (P.L. 114-322) provided the Agency the authority to approve state coal combustion residual management permit programs in lieu of federal requirements if the state's standards are as protective as the federal standards. The Committees note that the Agency has already approved one state coal combustion residual program and the Committees understand that the Agency is working with other states as well. To better support and engage with states on coal combustion residual management plans, the Agency is encouraged to proactively work with states seeking to establish their own programs and provide any requested technical assistance on the creation and operation of state coal combustion residual management permit programs. Additionally, the Agency should continue the Waste Minimization and Recycling program at the enacted level, and the agreement provides $2,000,000 to help public entities demonstrate community anaerobic digester applications, as specified in Senate Report 116-123. [[Page H11293]] Water: Ecosystems.--The agreement provides $49,064,000. Within the amount provided, $29,823,000 has been provided for National Estuary Program (NEP) grants as authorized by section 320 of the Clean Water Act. This amount is sufficient to provide each of the 28 national estuaries in the program with a grant of at least $662,500. Further, in the Administrative Provisions section, the bill directs that $1,350,000 in competitive grants be made available for additional projects. Water: Human Health Protection.--The agreement provides $102,487,000. Of the increase provided above the operating plan level, $1,000,000 is provided as requested for PFAS work in drinking water systems, $1,500,000 should be used for the initiation of the next Drinking Water Infrastructure Needs Survey, and the remainder should be applied towards implementation of Public Law 115-270. The beach program is funded at the fiscal year 2019 enacted level. Water Quality Protection.--The agreement provides $207,689,000, and the increase above the operating plan level is provided to support the development of the next Clean Watershed Needs Survey. The agreement rejects the proposed elimination of the WaterSense and Urban Waters programs. The Agency is directed to continue funding for these activities at the fiscal year 2019 enacted levels of $4,510,000 and $2,475,000, respectively. Additionally, the agreement supports the Agency's ongoing activities related to integrated planning, which will be increasingly necessary as States and communities work to meet their clean water obligations while keeping rates affordable for water ratepayers. Additional Guidance.--The following additional guidance is included: National Recycling Strategy.--The Committees applaud recent announcements by the Agency promoting recycling and waste minimization efforts. As part of its ongoing work in this area, the Agency is directed to submit the report detailed under this heading in House Report 116-100. Diesel Generators in Remote Alaska Villages.--On October 4, 2019, the Alaska Remote Generator Reliability and Protection Act was signed into law (P.L. 116-62). A final rule modifying emissions performance requirements for stationary diesel generators in remote areas was published in the Federal Register on November 13, 2019. This rule will increase energy affordability and reliability in remote Alaska. PFOA/PFAS.--The Agency is directed to brief the Committees within 60 days of enactment on its ongoing work to set maximum contaminant levels for PFAS under the Safe Drinking Water Act, as called for in its PFAS Action Plan. The briefing should include detailed accounting by program project of all PFAS-related work and associated expenditures at the Agency over the prior two fiscal years, planned activities and resource allocations for ongoing PFAS-related work for fiscal year 2020, and estimates for any work outlined in the Action Plan that the Agency intends to undertake in fiscal year 2021. Protecting School Children from Lead.--The Committees note that the Agency published proposed revisions to the Lead and Copper Rule on November 13, 2019. The Committees acknowledge that the proposed revisions contain important proposals regarding lead and copper monitoring in schools and child care facilities. The Committees strongly support policies that enhance the safety and quality of water in schools and child care facilities. The Agency is urged to finalize the proposed revisions to the Lead and Copper Rule as expeditiously as possible. U.S.-British Columbia Transboundary Watersheds.--The Committees direct the Agency to continue and expand its work coordinating with Federal, State, local, and tribal agencies to monitor and reduce transboundary hazardous contaminants in the Kootenai watershed. The Agency is directed to coordinate with the Department of State, U.S. Geological Survey, and other partners to submit a report to the Committees within 60 days of enactment on any remaining data gaps to address transboundary watershed contamination in the Kootenai with Canada. The Agency is also directed to release to the Committees, within 180 days of enactment, any data gap analysis relating to potential impacts to water quality and/ or aquatic resources related to hard rock copper and gold mining projects in British Columbia for transboundary rivers. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND The bill provides $8,000,000, which is expected to be fully offset by fees for a net appropriation of $0. Office of Inspector General The bill provides $41,489,000 for the Office of Inspector General. BUILDINGS AND FACILITIES The bill provides $33,598,000 for Buildings and Facilities. HAZARDOUS SUBSTANCE SUPERFUND (INCLUDING TRANSFERS OF FUNDS) The bill provides $1,184,755,000 for the Hazardous Substance Superfund account and includes bill language to transfer $11,586,000 to the Office of Inspector General account and $30,747,000 to the Science and Technology account. The agreement provides the following additional direction: Enforcement.--The agreement provides $168,375,000, and the Agency is directed to follow the additional guidance under this heading contained in House Report 116-100 and Senate Report 116-123. Research: Chemical Safety and Sustainability.--The agreement provides $12,824,000, a $10,000,000 increase above the fiscal year 2019 operating plan level to address research needs in support of designating PFAS chemicals as hazardous substances under Section 102 of CERCLA. The Agency is directed to include these funds as part of the transfer to the Science and Technology account. Research: Sustainable and Healthy Communities.--The agreement provides $16,463,000, a $5,000,000 increase above the fiscal year 2019 operating plan level to address research needs in support of designating PFAS chemicals as hazardous substances under Section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Agency is directed to include these funds as part of the transfer to the Science and Technology account. Superfund Cleanup.--The agreement provides $794,740,000, a $5,000,000 increase above the fiscal year 2019 operating plan level. Operation of Aircraft.--The bill provides authority within this account for the Agency to use aircraft to assist in carrying out its response mission. LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM The bill provides $91,941,000 for the Leaking Underground Storage Tank Trust Fund Program and is directed to allocate funds as in fiscal year 2019. INLAND OIL SPILL PROGRAMS The bill provides $19,581,000 for Inland Oil Spill Programs. Oil.--The agreement provides $15,700,000. Of the increase provided, $500,000 should be used to support emergency responder trainings, and the remainder should be used for oil accident preparedness and prevention, as specified in House Report 116-100. Preventing Oil Spills.--The Committees are aware of the high non-compliance rate among facilities that are required to submit Spill Prevention Control and Countermeasures Plans or Facility Response Plans. The Committees direct the agency to develop and implement strategies to reduce the rate of non-compliance. The Agency is directed to brief the Committees on its strategy within 90 days of enactment. Operation of Aircraft.--The bill provides authority within this account for the Agency to use aircraft to assist in carrying out its response mission. STATE AND TRIBAL ASSISTANCE GRANTS The bill provides $4,246,232,000 for the State and Tribal Assistance Grants program and includes the following specific funding levels and direction: Infrastructure Assistance.--The bill provides $3,170,325,000 for infrastructure assistance. Mexico Border.--The bill provides $25,000,000 for the Mexico Border Program. Projects that seek to abate a mixture of stormwater runoff and raw sewage are eligible. Brownfields Program.--The bill provides $89,000,000 for Brownfields grants and directs that at least 10 percent of such grants be provided to areas in which at least 20 percent of the population has lived under the poverty level over the past 30 years as determined by censuses and the most recent Small Area Income and Poverty Estimates. The bill makes U.S. territories and possessions categorically eligible for funding from within this setaside. Diesel Emission Reductions Grants (DERA).--The agreement provides $87,000,000 for DERA grants and the Agency is expected to allocate funds consistent with the guidance contained in the explanatory statement accompanying Public Law 116-6. Targeted Airshed Grants.--The agreement provides $56,306,000, and the Agency is directed to follow the guidance contained in the explanatory statement accompanying Public Law 116-6. Combined Sewer Overflow Grants.--The agreement provides $28,000,000 for grants as authorized under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301). Categorical Grants.--The bill provides $1,075,907,000 for Categorical Grants. Funding levels are specified in the table at the end of this division. Within this amount, the Beaches Protection program and Radon program are both maintained at the fiscal year 2019 operating plan levels. Hazardous Waste Financial Assistance Grants.--The agreement provides $96,446,000 for grants authorized under the Solid Waste Disposal Act, as amended by Sec. 3011 of the Resource Conservation and Recovery Act. Public Water System Supervision Grants.--The agreement provides $106,250,000. Of the increase provided, $7,000,000 is intended to further support States, Territories, and Tribes in addressing PFAS and other contaminants of emerging concern as they carry out their Public Water System Supervision programs. Multipurpose Grants.--The agreement provides $13,000,000. States and Tribes play a significant role helping reduce public exposure to emerging contaminants like PFAS. These grants are expected to assist States and Tribes in their efforts to facilitate treatment, cleanup, and remediation efforts of PFAS and other emerging contaminants in contaminated water sources, water systems, and lands. The Agency is directed to continue to give maximum flexibility to States and Tribes so that they, not the Agency, may determine where funds from this grant program are of most value. [[Page H11294]] WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT The agreement provides a total of $60,000,000 for the Water Infrastructure Finance and Innovation Act (WIFIA) program. Of the amount provided, $5,000,000 shall be for implementation of the SRF WIN Act, as authorized by section 4201 of Public Law 115-270. ADMINISTRATIVE PROVISIONS--ENVIRONMENTAL PROTECTION AGENCY (INCLUDING TRANSFERS OF FUNDS) The bill continues several administrative provisions from previous years. The bill directs the availability of not less than $1,350,000 of funds for the National Estuary Program for competitive grants. The bill extends the authority for the Agency to hire scientists under 42 U.S.C. 209 until 2025. The Agency is directed to submit a report biannually on its use of this authority to the Committees and to the Committees on Energy and Commerce and Science, Space and Technology in the House of Representatives and the Committee on Environment and Public Works in the Senate. TITLE III--RELATED AGENCIES Department of Agriculture OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT The bill provides $875,000 for the Office of the Under Secretary for Natural Resources and Environment. Forest Service Accounting, Budgeting, and Management.--The Forest Service's (Service) efforts to improve its accounting, budgeting, and management practices are appreciated and ongoing work of the Service, Office of Budget and Program Analysis, Under Secretary for Natural Resources and Environment, and Secretary of Agriculture to continue these improvements is expected. To ensure the enactment of these efforts on October 1, 2020, bill language has been included directing the Secretary of Agriculture to establish the ``Forest Service Operations'' account. The Secretary of Agriculture, acting through the Chief of the Forest Service, is directed to transmit to the Committees a proposal for an alternative budget structure within 45 days of enactment of this Act. Subsequent to the transmittal of this proposal, the Service shall consult with the Committees to develop a finalized alternative budget structure. The Forest Service's Office of Strategic Planning, Budget, and Accountability, not later than June 1, 2020, shall submit to the Committees: 1. technical assistance on new legislative language for the account structure; 2. comparison tables of fiscal years 2019, 2020, and 2021 in the account structure; 3. a copy of the interim financial management policy manual addressing changes made in this Act; 4. an outline of the financial management policy manual changes necessary for the account structure; 5. proposed changes to transfer and reprogramming requirements, including technical assistance on legislative language; 6. certification by the USDA Chief Financial Officer that the Forest Service's financial systems can report in the new account structure; and 7. a plan for training and implementation of the account structure. Forest Service Directives.--The Service is reminded of the directives included in House Report 116-100 and Senate Report 116-123 that are not specifically addressed herein, as well as the new directives in this statement, including the front matter. Wildland Fire Management.--The Consolidated Appropriations Act, 2018 (P.L. 115-141) provided a budget cap adjustment for wildfire suppression costs and included forest management reforms. The Service and the Secretary of Agriculture are reminded of the multi-year effort to achieve these budget and legislative changes and the expectation that all authorities will be appropriately used to improve the condition of the Nation's forests, as well as the ability of the Service to proactively manage and sustain them for future generations. The Service is also reminded of expectations for more accurate accounting for wildfire suppression costs, especially in light of the Service's ability to access cap adjustment funding for the first time in fiscal year 2020. FOREST SERVICE FOREST AND RANGELAND RESEARCH The bill provides $305,000,000 for Forest and Rangeland Research. This includes $228,000,000 for base research activities and $77,000,000 for Forest Inventory and Analysis. The Service is directed to provide $3,000,000 to the Joint Fire Science Program for fiscal year 2020. The Service is expected to restructure the research program by fiscal year 2021 and to report on the restructuring progress within 30 days of the enactment of this Act. This restructure shall ensure that research activities are focused on the key areas where the Service's management responsibilities will benefit the most. STATE AND PRIVATE FORESTRY The bill provides $346,990,000 for State and Private Forestry. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. Of the funds provided for Federal Lands Forest Health Management, $3,000,000 is for Service-wide strategic workforce planning efforts. Landscape Scale Restoration.--The Service is directed to use funds for competitive grants. Forest Legacy.--The bill provides $63,990,000 for the Forest Legacy program. This includes $6,400,000 for program administration and $57,590,000 for projects. The Service should fund projects in priority order according to the updated, competitively selected national priority list submitted to the Committees. International Forestry.--The bill includes $12,000,000 for International Programs, an increase of $3,000,000 above the fiscal year 2019 enacted level. This increase will be used for the office's programmatic work to include combatting overseas illegal timber harvests and conserving the habitat of U.S. migratory species, including the monarch butterfly. NATIONAL FOREST SYSTEM The bill provides $1,957,510,000 for the National Forest System. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. The agreement does not include the direction regarding the Dakota Prairie Grasslands. Hazardous Fuels.--The bill provides $445,310,000 for hazardous fuels management activities within the National Forest System account. Included in this amount is $4,000,000 for the Southwest Ecological Restoration Institutes. Four Forests Restoration Initiative.--The Service is directed to submit a report to the Committees on Appropriations, the House Natural Resources Committee, and the Senate Energy and Natural Resources Committee, not later than 90 days after the enactment of this Act, detailing efforts to accelerate forest ecosystem restoration under the Four Forest Restoration Initiative. CAPITAL IMPROVEMENT AND MAINTENANCE (INCLUDING TRANSFER OF FUNDS) The bill provides $455,000,000 for Capital Improvement and Maintenance programs. Facilities.-- The bill includes $154,000,000 for Facilities. The Service is expected to follow the directions in House Report 116-100 and Senate Report 116-123 and within the funds provided, at least $53,000,000 shall be for capital improvements, decommissioning, and dam safety projects, of which, an additional $2,000,000 is included for air tanker base repairs. Consistent with Service planning for a new Green Mountain and Finger Lakes National Forests Supervisor's Office, the Service shall begin construction. Roads.--The bill includes an increase of $2,000,000 for Roads to be used to increase public safety. Trails.--The bill includes $81,000,000 for Trails. LAND ACQUISITION (INCLUDING RESCISSION OF FUNDS) The bill provides $78,898,000 in new budget authority for Land Acquisition, and includes a rescission of $2,000,000 to be derived from prior year unobligated balances. The amounts provided by this bill for projects are shown in the table below and are listed in the priority order and in the amounts recommended by the Service for fiscal year 2020. ---------------------------------------------------------------------------------------------------------------- State Project Forest Unit This Bill ---------------------------------------------------------------------------------------------------------------- MT................................... Clearwater Blackfoot... Lolo................... $9,000,000 ID................................... Teton Timbers.......... Caribou-Targhee........ 2,750,000 MT................................... Lolo Trails Landmark... Lolo................... 4,400,000 OR................................... Wasson Creek........... Siuslaw................ 4,268,000 MN................................... Minnesota School Trust Superior............... 4,500,000 Lands. CA................................... Sanhedrin.............. Mendocino.............. 6,400,000 SC................................... Promise of the Piedmont Francis Marion & Sumter 1,600,000 CA................................... Wild & Scenic Kern Sequoia................ 1,505,000 River Access. MI................................... West Branch of the Ottawa................. 2,000,000 Ontonagon. TN................................... Tennessee Mountain Cherokee............... 4,000,000 Trails & Waters. NC................................... NC Threatened Treasures Nantahala/Pisgah/ 4,500,000 Uwharrie. ID................................... SF Wilderness Ranch.... Payette................ 1,500,000 NM................................... Mimbres River Parcels.. Gila................... 2,906,000 WV................................... Hooke Brothers......... Monongahela............ 750,000 KY................................... Daniel Boone NF........ Daniel Boone........... 350,000 VT................................... Green Mountain NF Green Mountain......... 600,000 (inholdings). [[Page H11295]] VA/WV................................ George Washington and George Washington and 920,000 Jefferson NF. Jefferson. AL................................... Alabama's Wild Wonders. Bankhead/Talladega/ 500,000 Conecuh. OR................................... Three Rivers........... Siuslaw................ 720,000 AK................................... Kadashan............... Tongass................ 500,000 GA................................... Chattahoochee-Oconee NF Chattahoochee-Oconee... 620,000 WA................................... Washington Cascades.... Okanogan-Wenatchee..... 1,800,000 VT................................... Lincoln Peak........... Green Mountain......... 350,000 CA................................... Trinity Alps Wilderness Shasta-Trinity......... 1,200,000 (inholdings). ------------------------ Subtotal, Line-item ....................... 57,639,000 projects. ---------------------------------------------------------------------------------------------------------------- Budget Request This Bill ---------------------------------------------------------------------------------------------------------------- Acquisition Management............. 0 8,000,000 Recreational Access................ 0 9,500,000 Critical Inholdings/Wilderness..... 0 3,500,000 Cash Equalization.................. 0 250 Rescission of Funds................ -17,000,000 -2,000,000 Total, FS Land Acquisition......... -17,000,000 76,898,000 ---------------------------------------------------------------------------------------------------------------- ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS The bill provides $700,000 for the Acquisition of Lands for National Forests Special Acts. ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES The bill provides $150,000 for the Acquisition of Lands to Complete Land Exchanges. RANGE BETTERMENT FUND The bill provides $2,000,000 for the Range Betterment Fund. GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH The bill provides $45,000 for Gifts, Donations and Bequests for Forest and Rangeland Research. MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES The bill provides $2,500,000 for the Management of National Forest Lands for Subsistence Uses. WILDLAND FIRE MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) The bill provides a total of $4,300,620,000 for Forest Service Wildland Fire Management. Of the funds provided, $2,961,000,000 is for suppression operations, of which $1,950,000,000 is provided through the Wildland Fire Cap Adjustment authorized in the Consolidated Appropriations Act, 2018 (P.L. 115-141). Department of Health and Human Services INDIAN HEALTH SERVICE INDIAN HEALTH SERVICES The bill provides a total of $6,047,094,000 for the Indian Health Service (IHS), of which $4,315,205,000 is for the Services account as detailed below. All programs, projects, and activities are maintained at fiscal year 2019 enacted levels unless otherwise specified below. IHS is expected to comply with the instructions and requirements at the beginning of this division and in House Report 116-100 and Senate Report 116-123, unless otherwise specified below. Additional details, instructions, and requirements follow below and in the table at the end of this division. Staffing for New Facilities.--The agreement includes $78,200,000 for staffing newly opened health facilities, which is the full amount based upon updated estimates provided to the Committees. Funds for the staffing of new facilities are limited to facilities funded through the Health Care Facilities Construction Priority System or the Joint Venture Construction Program that have opened in fiscal year 2019 or will open in fiscal year 2020. None of these funds may be allocated to a facility until such facility has achieved beneficial occupancy status. As part of its annual budget justification, IHS is expected to detail, for the two prior fiscal years, the transfer from the Staffing for New Facilities account into the base amount of each facility as well as continue detailing the amounts necessary for the Staffing for New Facilities account by facility for the upcoming fiscal year. As initial estimates included as part of the annual budget request are refined, IHS is expected to communicate updated cost estimates to the Committees. 105(l) Lease Costs.--The recommendation includes $125,000,000 for section 105(l) lease costs, $89,000,000 above the enacted level. These funds are to supplement existing funds available for operational costs at Village Built Clinics and Tribal clinics operated under an Indian Self-Determination and Education Assistance Act compact or contract where health care is delivered in space acquired through a full-service lease. IHS is directed to comply with the 105(l) lease costs language included in the front of this report as well as the directive in the Senate Report 116-123 regarding the specific statutory and regulatory challenges that may make it difficult to accurately formulate a budget for these costs. Hospitals and Health Clinics.--The agreement provides $2,324,606,000 for hospitals and health clinics, and includes $9,967,000 for domestic violence prevention, $5,433,000 for Tribal Epidemiology Centers, $11,463,000 for new Tribes, $2,000,000 for quality and oversight, and $5,000,000 for the national Community Health Aide Program (CHAP) expansion, which shall not divert funding from the existing CHAP program serving Alaska. The agreement funds the existing CHAP program at the fiscal year 2019 level. Electronic Health Records.--The agreement provides $8,000,000 for Electronic Health Record (EHR) system to improve the current IT infrastructure system in order to support the deployment of a new or modernized EHR solution. The new or modernized EHR shall be compatible with the new Veterans Affairs system and with systems used by Indian Tribes or Tribal organizations that do not currently use the resource patient management system (RPMS). Dental Health.--The agreement provides $210,590,000 for dental health and includes $2,000,000 for the electronic dental health records (EDR) system to enable IHS to bring more dental centers onto the system and to manage the current electronic dental record system. IHS is directed to include EDR in its assessment and incorporate EDR in overall efforts to enhance its EHR system. Mental Health.--The bill provides $108,933,000 for mental health and continues funding at fiscal year 2019 levels for the behavioral health integration initiative and for suicide prevention. Opioid Grants.--To better combat the opioid epidemic, the agreement continues funding of $10,000,000 and instructs IHS, in coordination with the Assistant Secretary for Mental Health and Substance Abuse, to use the funds provided to continue a Special Behavioral Health Pilot Program as authorized by Public Law 116-6. The Director of IHS, in coordination with the Assistant Secretary for Mental Health and Substance Use, shall award grants for providing services, providing technical assistance to grantees under this section, collecting data, and evaluating performance of the program. IHS is finishing Tribal consultation for the substance abuse, suicide prevention, and domestic violence funding and the Service is urged to complete this phase of the process within 90 days of the date of enactment of this Act so that funds can be distributed expeditiously. Alcohol and Substance Abuse.--The bill provides $245,603,000 for alcohol and substance abuse and includes the $1,369,000 transfer of the former National Institute on Alcohol Abuse and Alcoholism programs (former-NIAAA programs) to the urban Indians health program. As noted above, the agreement continues fiscal year 2019 funding levels to address opioid abuse and provide essential detoxification services as well as fund Generation Indigenous and the Youth Pilot project. Funding for detoxification services shall be distributed as directed in Senate Report 116-123. Urban Indian Health.--The agreement provides $57,684,000 for urban Indian health programs and includes the requested transfer of $1,369,000 former-NIAAA programs from the alcohol and substance abuse program. Indian Health Professions.--The agreement provides $65,314,000 for Indian health professions, including $40,000,000 for the loan repayment program and a $3,951,000 general program increase to help with the recruitment and retention of health professionals. The agreement has provided these funds with the Indian Health Professions program rather than within the Hospitals and Health Clinics program as originally requested by the Administration. Funding is continued at the fiscal year 2019 levels for the InMed fourth site, Quentin N. Burdick Indians into Nursing, and the American Indians into Psychology Programs. CONTRACT SUPPORT COSTS The bill continues language from fiscal year 2019 establishing an indefinite appropriation for contract support costs estimated to be $820,000,000, which is equal to the request. [[Page H11296]] INDIAN HEALTH FACILITIES The bill provides $911,889,000 for Indian Health Facilities. All programs, projects, and activities are maintained at fiscal year 2019 enacted levels unless otherwise specified below. Current services are provided, as requested. Staffing for New Facilities.--The bill includes $5,740,000 for staffing newly opened health facilities, which is the full amount based upon updated estimates provided to the Committees. The stipulations included in the ``Indian Health Services'' account regarding the allocation of funds pertain to this account as well. Funds for the staffing of new facilities are limited to facilities funded through the Health Care Facilities Construction Priority System or the Joint Venture Construction Program that have opened in fiscal year 2019 or will open in fiscal year 2020. None of these funds may be allocated to a facility until such facility has achieved beneficial occupancy status. There is continued support for the Joint Venture program as currently implemented by IHS although IHS is directed to establish a more consistent application cycle of between three to five years. At each competitive cycle, IHS should select a specific number of awards and non-selected applications should be eligible to reapply during the next competitive cycle. Health Care Facilities Construction.--The agreement provides $911,889,000 for health care facilities construction, of which $5,000,000 is for green infrastructure and $25,000,000 is for small ambulatory clinics. Of the small ambulatory funds, $5,000,000 is for replacement and expansion projects. With the funds provided for green infrastructure, the agreement directs the Service to incorporate planning, design, and operations of buildings to reduce costs, minimize environmental impacts, use renewable energy and incorporate green infrastructure and the most current energy efficiency codes and standards to the maximum extent practicable and submit a report to the Committees on Appropriations within 120 days of enactment of this Act describing how the Service plans to use these funds to incorporate these activities into facilities, including how the funds were distributed by Tribe and project. National Institutes of Health NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES The agreement provides $81,000,000 for the National Institute of Environmental Health Sciences. The $2,000,000 increase above the enacted level is provided to help meet the demands of the Superfund Research Program and to support research on PFAS and other contaminants of emerging concern. Agency for Toxic Substances and Disease Registry TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH The agreement provides $76,691,000. The $2,000,000 increase is provided to further support the Agency's research efforts for PFAS and other contaminants of emerging concern, by increasing the Agency's statistical and data analytical capacity and technical expertise. The Committees expect this increase will position the Agency to better respond to communities exposed to such chemicals. Further, the Agency is directed to follow the additional guidance provided in Senate Report 116-123. Other Related Agencies Executive Office of the President COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY The agreement provides $2,994,000 for the Council on Environmental Quality and Office of Environmental Quality. Chemical Safety and Hazard Investigation Board SALARIES AND EXPENSES The bill provides $12,000,000 for the Chemical Safety and Hazard Investigation Board. Office of Navajo and Hopi Indian Relocation SALARIES AND EXPENSES The bill provides $7,500,000 for the Office of Navajo and Hopi Indian Relocation for salaries and expenses. The bill continues the direction provided in the explanatory statement accompanying Division G of the Consolidated Appropriations Act, 2017 (P.L. 115-31). There is continued commitment to bringing the relocation process to an orderly conclusion and ensuring all eligible relocatees receive the relocation benefits to which they are entitled. Consultation with all affected parties and agencies is the key to a transparent, orderly closeout. Institute of American Indian and Alaska Native Culture and Arts Development PAYMENT TO THE INSTITUTE The bill provides $10,458,000 for fixed costs and academic program requirements of the Institute of American Indian Arts. Smithsonian Institution SALARIES AND EXPENSES The bill provides a total of $1,047,358,000 for all Smithsonian Institution accounts, of which $793,658,000 is provided for salaries and expenses and remains available until September 30, 2021. The detailed allocation of funding is included in the table at the end of this explanatory statement. Within amounts provided for the Salaries and Expenses account, the recommendation includes $5,000,000 for the Institution's Latino initiatives and the Smithsonian Latino Center; $1,300,000 for the Research equipment pool; $3,187,000 for the information resources management pool; $5,000,000 for the American Women's History Initiatives; and funding as requested for the Asian Pacific American experience. The agreement provides funding increases above the enacted level of $500,000 for animal welfare; $570,000 for digitization; $200,000 for library subscription inflation; and $1,338,000 to cover higher communication costs. The agreement also includes $500,000 in the National Museum of African American History and Culture for partnership activities related to the recently discovered Clotilda, as provided in Senate Report 116-123. The agreement provides $114,545,000 for facilities maintenance, including a surge of $35,000,000 to address deferred maintenance and repairs. The increases provided to address the deferred maintenance backlog will be executed with contractor support. The recommendation provides $236,673,000 for facilities operations, security and support as requested in the Congressional budget justification. Bill language is included to allow the Institution to purchase a new administrative building with the Institution's trust funds to avoid escalating lease costs and increase efficiency by consolidating functions in one location. The Committees also include bill language requiring a report to Congress prior to any agreement by the Institution to sell its ownership interest or any portion of the building it acquires. This report is to include a justification for the proposed sale, a description of the expected principal provisions of such an agreement, as well as an analysis of the potential effects of the agreement on the Federal Government. This analysis must include an estimate of revenue or loss associated with the proposed sale, a description of the Secretary's plans for using any revenue in a way that advances the mission of the Smithsonian, and a plan for providing appropriate work space for impacted federal employees. FACILITIES CAPITAL The bill provides $253,700,000 for Facilities Capital. The recommendation includes $224,400,000 for revitalization, of which $135,000,000 is provided for the multi-year, multi- phase National Air and Space Museum revitalization effort. Facilities planning and design is funded at $29,300,000 of which $16,000,000, as requested, is for the Smithsonian Castle and Arts and Industries Buildings. National Gallery of Art SALARIES AND EXPENSES The bill provides $147,022,000 for the Salaries and Expenses account of the National Gallery of Art, of which not to exceed $3,660,000 is for the special exhibition program. REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS The bill provides $26,203,000 for the Repair, Restoration, and Renovation of Buildings account and includes funds for the design of an off-site art storage facility in partnership with the Smithsonian Institution. John F. Kennedy Center for the Performing Arts OPERATIONS AND MAINTENANCE The bill provides $25,690,000 for the Operations and Maintenance account. CAPITAL REPAIR AND RESTORATION The bill provides $17,800,000 for the Capital Repair and Restoration account. Funds provided above the request are to address critical safety, security, and capital repair and restoration needs. Woodrow Wilson International Center for Scholars SALARIES AND EXPENSES The bill provides $14,000,000 for the Woodrow Wilson International Center for Scholars to continue the Federal commitment and support operations. National Foundation on the Arts and the Humanities National Endowment for the Arts GRANTS AND ADMINISTRATION The bill provides $162,250,000 for the National Endowment for the Arts to continue the important work of the Endowment (NEA). Changes to the enacted level are included in the table at the end of this explanatory statement. The NEA is reminded of the directives included in House Report 116-100 and Senate Report 116-123 regarding the collaborative relationship among NEA and the States, priorities, and allocation to State arts agencies. National Endowment for the Humanities GRANTS AND ADMINISTRATION The bill provides $162,250,000 for the National Endowment for the Humanities (NEH) to continue the important work of the Endowment. Changes to the enacted level are included in the table at the end of this explanatory statement. The agreement includes $4,172,000 for the program development and cross-cutting grants associated with the ``A More Perfect Union'' initiative focused on three programmatic areas: The United States Semiquincentennial; civics education; and veterans programming. NEH has supported these program areas within core budget lines in previous years and may continue to do so for activities that fit those budget lines. The Committee also encourages the NEH to incorporate and continue two popular components of the former ``We the People'' initiative grant opportunities, the [[Page H11297]] National Digital Newspapers Program, and the Landmarks of American History and Culture workshops as part of the new initiative or with other funds. Within the funds provided, NEH is also expected to continue its support of native language preservation and education programs. Commission of Fine Arts SALARIES AND EXPENSES The bill provides $3,240,000 for the Commission of Fine Arts. Within the increase, funding has been included to provide an additional FTE for IT and cybersecurity support. National Capital Arts and Cultural Affairs The bill provides $5,000,000 for the National Capital Arts and Cultural Affairs program. Grant funds shall be distributed consistent with the established formula and eligibility requirements used in fiscal year 2019. Advisory Council on Historic Preservation SALARIES AND EXPENSES The bill provides $7,378,000 for the Advisory Council on Historic Preservation. National Capital Planning Commission SALARIES AND EXPENSES The bill provides $8,124,000 for the National Capital Planning Commission. United States Holocaust Memorial Museum HOLOCAUST MEMORIAL MUSEUM The bill provides $60,388,000 for the United States Holocaust Memorial Museum. The Director shall submit a report to the House and Senate Committees on Appropriations within 120 days of enactment of this Act that describes the efforts of the United States Holocaust Memorial Museum to support memory and a range of educational programs relating to the Holocaust, including the collection and usage of historical documentation, such as survivor testimony. Dwight D. Eisenhower Memorial Commission SALARIES AND EXPENSES The bill provides $1,800,000 for salaries and expenses of the Dwight D. Eisenhower Memorial Commission. Women's Suffrage Centennial Commission SALARIES AND EXPENSES The bill provides $1,000,000 for the Women's Suffrage Centennial Commission to plan, execute, and coordinate programs and activities in honor of the 100th anniversary of the passage and ratification of the Nineteenth Amendment to the U.S. Constitution, which guaranteed women the right to vote. World War I Centennial Commission SALARIES AND EXPENSES The bill provides $7,000,000 for the Salaries and Expenses account of the World War I Centennial Commission. Alyce Spotted Bear and Walter Soboleff Commission on Native Children (INCLUDING TRANSFER OF FUNDS) The bill provides $500,000 for necessary expenses of the Commission and makes technical and conforming changes in order to execute the funds provided by removing the Office of Tribal Justice as the administering agency; however, the agreement expects the Commission to continue coordination with the Office of Tribal Justice and Department of Interior. TITLE IV--GENERAL PROVISIONS (INCLUDING TRANSFERS OF FUNDS) The bill includes various legislative provisions in Title IV of the bill. The provisions are: Section 401 continues a provision providing that appropriations available in the bill shall not be used to produce literature or otherwise promote public support of a legislative proposal on which legislative action is not complete. Section 402 continues a provision providing for annual appropriations unless expressly provided otherwise in this Act. Section 403 continues a provision providing restrictions on departmental assessments unless approved by the Committees on Appropriations. Section 404 continues a limitation on accepting and processing applications for patents and on the patenting of Federal lands. Section 405 continues a provision regarding the payment of contract support costs. Section 406 addresses the payment of contract support costs for fiscal year 2020. Section 407 continues a provision providing that the Secretary of Agriculture shall not be considered in violation of certain provisions of the Forest and Rangeland Renewable Resources Planning Act solely because more than 15 years have passed without revision of a forest plan, provided that the Secretary is working in good faith to complete the plan revision. Section 408 continues a provision limiting preleasing, leasing, and related activities within the boundaries of National Monuments. Section 409 restricts funding appropriated for acquisition of land or interests in land from being used for declarations of taking or complaints in condemnation. Section 410 continues a provision which prohibits no-bid contracts. Section 411 continues a provision which requires public disclosure of certain reports. Section 412 continues a provision which delineates the grant guidelines for the National Endowment for the Arts. Section 413 continues a provision which delineates the program priorities for the programs managed by the National Endowment for the Arts. Section 414 requires the Department of the Interior, Environmental Protection Agency, Forest Service and Indian Health Service to provide the Committees on Appropriations quarterly reports on the status of balances of appropriations. Section 415 amends the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act. Section 416 addresses Forest Service fee collections. Section 417 extends certain authorities through fiscal year 2020 allowing the Forest Service to renew grazing permits. Section 418 prohibits the use of funds to maintain or establish a computer network unless such network is designed to block access to pornography websites. Section 419 addresses the humane transfer and treatment of excess wild horses and burros. Section 420 extends the authority of the Forest Service Facility Realignment and Enhancement Act. Section 421 sets requirements for the use of American iron and steel for certain loans and grants. Section 422 provides for a rescission of funds. Section 423 reauthorizes funding for one year for the John F. Kennedy Center for the Performing Arts. Section 424 provides authority for the Secretary of the Interior to enter into training agreements and to transfer excess equipment and supplies for wildfires. Section 425 provides a one-year extension of the Federal Lands Recreation Enhancement Act. Section 426 incorporates Reprogramming Guidelines into the Act. Section 427 requires the submission of certain project lists to the Committees by a date certain. Section 428 continues a provision through fiscal year 2020 authorizing the Secretary of the Interior and the Secretary of Agriculture to consider local contractors when awarding contracts for certain activities on public lands. Section 429 extends the authority for the Shasta-Trinity Marina fee for one year. Section 430 extends the authority for the Interpretive Association for one year. Section 431 extends the authority for Puerto Rico Schooling for one year. Section 432 extends the authority for Forest Botanical Products fee collection for one year. Section 433 extends the authority for Alaska Native Regional Health entities for one year. Section 434 extends the authority for the Chesapeake Bay Initiative Act for one year. Section 435 pertains to the Forest Service budget restructure. Section 436 addresses timber sales involving Alaska western red and yellow cedar. Section 437 continues a provision prohibiting the use of funds to promulgate or implement any regulation requiring the issuance of permits under Title V of the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions. Section 438 continues a provision prohibiting the use of funds to implement any provision in a rule if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. Section 439 continues a provision prohibiting the use of funds to regulate the lead content of ammunition or fishing tackle. Section 440 addresses carbon emissions from forest biomass. Section 441 addresses the use of small remote incinerators in the State of Alaska. Section 442 includes certain limitations on oil and gas development near Chaco Culture National Historical Park. Section 443 designates the David R. Obey Northern Great Lakes Visitor Center. 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Unless otherwise noted, reference to the House and Senate reports are to House Report 116-64 and Senate Report 116-124. The language included in these reports should be complied with and carries the same emphasis as the language included in the explanatory statement, unless specifically addressed to the contrary in this explanatory statement. While repeating some report language for emphasis, this explanatory statement does not intend to negate the language referred to above unless expressly provided herein. Reprogramming Guidelines: It is expected that all agencies notify the Committees on Appropriations of the House and the Senate (hereinafter ``the Committees'') of any significant departures from budget plans presented to the Committees in any agency's budget justifications. In particular, agencies funded through this bill are required to notify the Committees prior to any reprogramming of funds in excess of the lesser of 10 percent or $750,000 between programs, projects or activities, or in excess of $750,000 between object classifications (except for shifts within the pay categories, object class 11, 12, and 13 or as further specified in each agency's respective section). This includes cumulative reprogrammings that together total at least $750,000 from or to a particular program, activity, or object classification as well as reprogramming full time equivalents (FTE) or funds to create new organizational entities within the agency or to restructure entities which already exist. In addition, the Committees must be notified of reprogramming actions that involve less than the above-mentioned amounts if such actions would have the effect of changing an agency's funding requirements in future years or if programs or projects specifically cited in the Committees' reports are affected. Updating Congressional Budget Justifications: Congressional Budget Justifications are essential tools within the appropriations process. The efforts of the Legislative Branch Financial Managers Council (LBFMC) to share financial information and improve financial processes across the entire legislative branch are applauded. With these efforts in mind, the members of the LBFMC are directed to explore refining and standardizing Congressional Budget Justifications and present the findings to the Committees within 180 days of the enactment of this act. The findings should include but not be limited to best practices for using Zero Base Budgeting, aligning FTE levels with current enacted appropriations and the funding requested in the budget year and providing detailed justifications for large multi-year or joint projects. Offices of Inspectors General Budgets: It is important to ensure independence between legislative branch Offices of Inspectors General (OIG) and their respective reporting agencies. There shall be a separate section in each agency's fiscal year 2021 budget justification reflecting a detailed budget request for the agency's OIG. Each OIG is directed to keep the Committees fully apprised of its funding needs. In addition, each agency is directed to avoid interference with or require approval for such communications. Science and Technology Needs in Congress: The report released on November 14, 2019, by the National Academy of Public Administration (NAPA) identified the existing gaps in science and technology expertise and resources available to Congress. The Committees, Members, stakeholders and other committees of jurisdiction working together will continue to evaluate the recommendations in the report to address this gap. Data Centers: Legislative branch agencies use information technology (IT) infrastructure, systems and services to support critical functions to carry out their statutory missions, including functions essential to carrying out the constitutional responsibilities of the legislative branch. IT infrastructure, systems and services may be located in data centers covering several geographic regions or using several types of cloud services. Regardless of how such infrastructure, systems and services are provisioned, an agency's IT infrastructure, systems or services must satisfy, or have a plan to achieve, the following requirements: must meet ``concurrently maintainable'' requirements, as set forth by the Uptime Institute or a designated agency authority; must maintain continuous operation against agency-defined hazards and risks; and must incorporate technical communications capabilities to ensure that all necessary IT resources required to support the mission of the legislative branch can interoperate effectively with the House, Senate, and other agencies. Advertising Contracts: Each agency is directed to include the following information in its fiscal year 2021 budget justification: Expenditures for fiscal year 2019 for (1) all contracts for advertising services; and (2) contracts for the advertising services with (I) socially and economically disadvantaged small business concerns (as defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)); and (II) women- and minority-owned businesses. TITLE I SENATE The agreement includes $969,395,000 for Senate operations. This item relates solely to the Senate and is in accordance with long practice under which each body determines its own housekeeping requirements and the other concurs without intervention. The language included in the Senate report should be complied with and carry the same emphasis as the language included in the explanatory statement, unless specifically addressed to the contrary in this explanatory statement. In lieu of language included in the Senate report, the agreement includes: Under the heading ``Contingent Expenses of the Senate'', the amount provided for the Secretary of the Senate for the Senate Information Services program is $5,136,000 and under the heading ``Miscellaneous Items'', the amount provided for Postage is $6,000. Administrative Provision The agreement provides for unspent amounts remaining in Senators' Official Personnel and Office Expense Account to be used for deficit or debt reduction. HOUSE OF REPRESENTATIVES The agreement includes $1,365,725,000, for House operations, which includes a rescission of $5,000,000. This item relates solely to the House and is in accordance with long practice under which each body determines its own housekeeping requirements and the other concurs without intervention. The language included in the House report should be complied with and carry the same emphasis as the language included in the explanatory statement, unless specifically addressed to the contrary in this explanatory statement. Select Committee on the Modernization of Congress: The Select Committee on the Modernization of Congress has issued several constructive recommendations to improve the operations of Congress. All House Officers and Offices are encouraged to review the recommendations for feasibility and begin implementation where possible, in consultation with the Committee on Appropriations and the Committee on House Administration. House Annunciator Project: The Sergeant at Arms is directed to provide a status update regarding the House Annunciator Project within 180 days from the enactment of this act. Government Contributions: The increase for this account is due to the Office of Personnel Management revising long term economic assumptions and changes to the demographic assumptions for use in actuarial valuations of the Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS). Wounded Warrior and Congressional Gold Star Family Fellowship Program: The agreement includes $3,000,000 for the Wounded Warrior Program and the Congressional Gold Star Family Fellowship Program. The Congressional Gold Star Family Fellowship Program was established on October 29, 2019, and is cited as the SFC Sean Cooley and SPC Christopher Horton Congressional Gold Star Family Fellowship Program Act (H. Res. 107). In lieu of language included in the House report, the agreement includes: Under the heading ``House Leadership Offices'', the amount provided is $28,884,000, the amount provided for Office of the Speaker is $8,295,000, the amount for Office of the Majority Floor Leader is $2,947,000, the amount for Office of the Minority Floor Leader is $8,295,000, the amount for Office of the Majority Whip is $2,448,000, the amount for Office of the Minority Whip is $2,219,000, the amount for Republican Conference is $2,340,000, and the amount for Democratic Caucus is $2,340,000; under the heading ``Salaries, Officers and Employees'' the amount provided is $231,903,000, the amount provided for Office of the Clerk is $30,766,000, the amount provided for Office of the Sergeant of Arms is $20,225,000, the amount provided for Chief Administrative Officer is $153,550,000, and the amount provided for Office of General Counsel is $1,751,000; under the heading ``Allowances and Expenses'', the amount provided is $323,920,000, the amount provided for Supplies, Materials, Administrative Costs and Federal Tort Claims is $1,526,000, and the amount provided for Government Contributions is $294,377,000. Legislative Information Management System: The bill provides $1,500,000, which is below the request but consistent with the project timeline and current needs for the upgrade of the Legislative Information Management System. With this major investment for House operations, the Clerk is directed to provide quarterly status updates including project milestones and spending targets. Funding for the Chief Administrative Officer: The bill provides $153,550,000 for the salaries and expenses of the Office of the Chief Administrative Officer (CAO), including $88,450,000 for House Information Resources; $5,450,000 for House-Wide Training Programs; and $1,413,000 for the Office of Employee Advocacy. The CAO is directed to provide quarterly status updates on spending including IT project milestones and spending targets. Administrative Provisions The agreement provides for unspent amounts remaining in the Members' Representational Allowances account to be used for deficit or debt reduction; places a limitation on amount available to lease vehicles; amends the allowance for compensation of interns in member offices and allows transfer authority; provides an allowance for compensation of interns in Leadership offices and allows transfer authority; limits the sharing of House information by Federal entities; rescinds amounts in the Stationery [[Page H11362]] and Page Dorm revolving funds; provides for using available balances of expired funds for death gratuity payment and workers compensation and unemployment compensation payments; and provides for reduction in the amount of tuition charged for children of House Child Care Center employees. JOINT ITEMS Joint Economic Committee The agreement includes $4,203,000 for salaries and expenses. Joint Congressional Committee on Inaugural Ceremonies of 2021 The agreement includes $1,500,000 for salaries and expenses associated with conducting the inaugural ceremonies of the President and Vice President of the United States on January 20, 2021, in accordance with such program as may be adopted by the joint congressional committee authorized to conduct the inaugural ceremonies of 2021. Joint Committee on Taxation The agreement includes $11,563,000 for salaries and expenses. Office of the Attending Physician The agreement includes $3,868,000. Office of Congressional Accessibility Services Salaries and Expenses The agreement includes $1,509,000 for salaries and expenses. CAPITOL POLICE Salaries The agreement includes $379,062,000 for salaries of the United States Capitol Police (USCP). The increase includes funds to support 57 additional sworn officers as well as one additional position for the USCP Office of Inspector General. No more than $47,048,000 is recommended for overtime in fiscal year 2020. This provides for approximately 717,791 hours of additional duty including coverage of the 2020 National Conventions and pre-inauguration. USCP Office of Inspector General: The agreement provides funding to support not less than six FTE within the USCP Office of Inspector General. The agreement reiterates directives included in the Senate report and/or House report related to: USCP Wellness Program: The Department's efforts to date to develop an overall Wellness Program for the officers and civilian personnel of the U.S. Capitol Police are encouraging. It is important to ensure the Capitol Police workforce has the needed support in order to perform its critical national security mission of defending the legislative process. As a part of this law enforcement function, it is important for the Department to continue its effort to maintain the highest level of readiness. Therefore, the Department is encouraged to begin implementation of a holistic wellness and resiliency program for its workforce that emphasizes the importance of physical fitness, nutritional health, mental and emotional health, and financial wellness. Mindfulness plays an important role in having a first responder workforce that is holistically balanced and resilient. With an emphasis on improving and maintaining both physical fitness and mental health, the Department will be able to provide the support to its workforce to enable them to maintain full focus and attention to the Department's critical mission. Within 45 days of enactment of this act, the Department is directed to submit a report to the Committees providing the scope, timeline and the cost estimates for implementation and maintenance of such a program. This report should include specific details on how the Department plans to utilize its current resources, such as fitness centers and contracted fitness training support in this effort, and how it would expand these capabilities to provide the greatest opportunity for its workforce to improve and maintain their physical fitness and nutritional health. The Department should also include details of the other focus areas for its Wellness Program, to include, but not limited to mental, emotional and financial health. This Program should be designed to achieve the highest level of participation of the USCP's workforce. The Committees look forward to working closely with the Department to achieve this effort. Micromobility Options on U.S. Capitol Grounds: Dockless commercial scooters, or e-scooters, and other motorized devices for rent have grown as a commuting option for congressional staffers, tourists and other visitors to the District of Columbia and Capitol Grounds. It is recognized that new and expanding micromobility options in the District can offer alternatives to car travel and increase access to public transportation. However, these options can create a public safety concern impacting vehicular and pedestrian traffic on the Capitol Grounds if not appropriately regulated and if left unchecked. The safety and security concerns-- specifically e-scooters left unattended on sidewalks, roadways, and high-pedestrian access areas throughout the Capitol Grounds--raised by the Capitol Police and other members of the congressional community should continue to be addressed by both the USCP and the House and Senate Sergeants at Arms. The Capitol Police and the Sergeants at Arms are directed to continue and expand efforts to communicate to e- scooter companies, congressional staff, District residents and visitors current restrictions for using and/or parking e- scooters on or around Capitol Grounds. The USCP and the Sergeants at Arms are also directed to engage with the e- scooter companies and the District to explore the feasibility of having locations adjacent to campus to designate as e- scooter parking areas. Use of Grounds: The Committees understand the need to maintain safety and order on the Capitol Grounds and the USCP is commended for its efforts. Given the family-style neighborhood that the Capitol shares with the surrounding community the Capitol Police is instructed to forebear enforcement of 2 U.S.C. 1963 (``an act to protect the public property, turf, and grass of the Capitol Grounds from injury'') and the Traffic Regulations for the United States Capitol Grounds when encountering snow sledders on the grounds. General Expenses The agreement includes $85,279,000 for general expenses of the Capitol Police. USCP Office of Inspector General: The agreement provides funding not less than $452,500 for expenses of the Office of Inspector General. Administrative Provision The agreement amends 2 U.S.C. 1926(c), by increasing the employee educational assistance program reimbursement limit from $40,000 to $60,000 for student loan repayments. OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS Salaries and Expenses The agreement includes $6,333,000 for salaries and expenses. CONGRESSIONAL BUDGET OFFICE Salaries and Expenses The agreement includes $54,941,000 for salaries and expenses. Responsiveness: The Congressional Budget Office (CBO) is expected to ensure a high level of responsiveness to committees, leadership and Members, to the greatest extent practicable under the priorities for CBO set by law, especially when working on current pending legislation. As an agency that prides itself as being nonpartisan, CBO should be providing the same information to all stakeholders at the appropriate time when addressing legislation that has been made public. ARCHITECT OF THE CAPITOL The agreement includes $695,933,000 for the activities of the Architect of the Capitol (AOC). AOC Office of Inspector General (OIG): The agreement includes not less than $3,810,000 to support no fewer than 15 FTE within the AOC OIG during fiscal year 2020. AOC Response to Sexual Harassment Complaints: There continues to be a concern with the findings of the March 15, 2019, AOC OIG review of the AOC's response to sexual harassment complaints over the previous 10-year period. Employees of the AOC should feel their work environment is safe and that complaints of harassment and discrimination are taken seriously. The AOC is directed to report to the Committees within 60 days of enactment of this act on the status of implementation for each of the 16 inquiry results listed in the AOC OIG's report, to include the implementation of the recommendations identified in prior OIG sexual harassment management advisories that went unimplemented in previous years. The report should detail the timeline for implementation as well as any updates or revisions to the AOC's internal policies relating to harassment and discrimination, including employee training on how to prevent and properly report incidents. Improved Coordination of Legislative Branch Data Centers: Each legislative branch agency independently determines how to manage its data center needs, including: which type of computing (center-based versus cloud-based) to use, the appropriate location for its data centers and required tier of security, the type of facility business model (owned or leased) and expected length of occupancy. While it is appropriate for each agency to make these decisions unilaterally, it does create governance issues across the legislative branch. The AOC manages several facilities that provide space for data centers, but their use is subject to individual agency decisions, making it difficult for AOC to plan for building maintenance and renovations. Coordination of agency decisions regarding data centers would likely result in cost savings from economies of scale and agreements on physical building space usage. The chief information officers (CIOs) of the legislative branch agencies are directed to form a governance board that will have authority over common elements among agencies' management of their data centers. Such elements should include agreements on the use of available space in data centers that are owned and managed by the AOC. The board should identify the expected rate of occupancy of AOC data centers over the next 5 to 10 years, their required level of security, and agreed-upon uses of unused space for other purposes. The CIOs should report to the Committees within 180 days of enactment of this act that the governance board has been created. Thereafter, the board should provide annual reports to the Committees on its deliberations and decisions, with the first report being due by January 30, 2021. Data Provided for AOC Projects in Budget Justifications: The AOC is requested to provide in its fiscal year 2022 budget justification additional information about the line [[Page H11363]] item construction projects requested that total $25,000,000 or more. Similar to the information provided for Department of Defense projects in form 1391 (DD 1391), the budget justifications should include data such as: (1) project description, to include phases (if applicable) delineated by fiscal year, funding for each phase by fiscal year, and a detailed description of what that funding procures; (2) project justification and analysis of benefits; (3) a comparison of budget authority with the prior year's budget for budget authority already received and needed in future years; (4) a justification of any cost, schedule, or design change from prior years; (5) total estimated cost with a detailed breakout by design, construction, and operating costs; (6) a complete project schedule to include dates indicating design start, 35 percent design completion, award of construction documents, design completion, award of construction contract, and estimated construction completion; (7) design contract type; and (8) an analysis of alternatives with associated costs. Capital Construction and Operations The agreement includes $120,000,000 for Capital Construction and Operations. With respect to operations and projects, the agreement includes the following: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:....................................... $120,000,000 Total, Capital Construction and Operations...... $120,000,000 ------------------------------------------------------------------------ Capitol Building The agreement includes $68,878,000, for maintenance, care, and operation of the Capitol, of which $40,899,000 shall remain available until September 30, 2024. With respect to operations and projects, the agreement includes the following: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:....................................... $27,979,000 Project Budget: Exterior Stone and Metal Preservation, West, Phase 22,300,000 III................................................ FY2021 Presidential Inaugural Stands & Support 7,000,000 Facilities......................................... Electric Power Distribution System Replacement, 5,500,000 House.............................................. Conservation of Fine and Architectural Art.......... 599,000 Minor Construction.................................. 5,500,000 --------------- 40,899,000 Total, Capitol Building......................... $68,878,000 ------------------------------------------------------------------------ Accessibility: It is critical for all individuals visiting the U.S. Capitol complex to have the opportunity to be inspired and learn. Individuals with disabilities should receive the same information and experiences as those who do not have disabilities. Signage, brochures and many exhibit descriptions are available in Braille and/or large print. There are several touchable models available as is an audio descriptive tour of Exhibition Hall in the Capitol Visitor Center (CVC). The efforts of the Office of Congressional Accessibility Services (OCAS) to develop a touchable model/ map of the CVC and the Capitol complex are helpful, as well as its development of a descriptive audio tour for the redesigned Exhibition Hall located in the CVC. In addition, its efforts to enhance independent navigation and access to visual information for those who are blind or have low vision are important. However, emerging access technologies, including remote video connectivity to trained visual interpreters that can support such access, should be considered. The AOC, working with the OCAS, is encouraged to research and evaluate access technologies for those who are blind or have low vision that enable access to visual information and enhance independent navigation. The AOC is expected to provide a briefing to the Committees within 180 days of enactment of this act on plans to incorporate these technologies into the visitor experience in the Capitol building. Display of the Official Flags of Federally Recognized Indian Tribes: The AOC is encouraged to study the feasibility of the display of the official flags of federally recognized Indian Tribes in visible spaces on the Capitol campus. The AOC is requested to provide a report to the Committees within 120 days of enactment of this act describing potential scope and display method options. Depictions of Native Americans and Native American History in the Capitol: There are depictions of Native Americans throughout the Capitol complex that do not portray Native Americans as equals or Indian Tribes as independent sovereigns. The AOC is urged to work with the Native American historians and professionals at the National Museum of the American Indian to ensure that the Capitol complex describes more accurately and respectfully represents the history of Native Americans. The AOC is also encouraged to acknowledge in its exhibitions on American history and tradition the elements that have originated from Native American cultures. Capitol Grounds The agreement includes $15,024,000 for the care and improvements of the grounds surrounding the Capitol, House and Senate office buildings, and the Capitol Power Plant, of which $3,000,000 shall remain available until September 30, 2024. With respect to operations and projects, the agreement includes the following: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:....................................... $12,024,000 Project Budget: Minor Construction.................................. 3,000,000 --------------- 3,000,000 Total, Capitol Grounds.......................... $15,024,000 ------------------------------------------------------------------------ Summerhouse: The historic Summerhouse on the Capitol grounds designed in 1880 by Frederick Law Olmsted is badly deteriorated and has needed masonry structure renovation for years. Yet, the project has been deemed lower priority than other important projects and not funded. The Architect is encouraged to apply to the United States Capitol Preservation Commission for the $3,200,000 requested in the fiscal year 2020 budget for renovation of the Summerhouse. The Commission uses the Capitol Preservation Fund to provide financing for preservation of the Capitol and structures on Capitol grounds, making the Summerhouse an appropriate project recipient. The Architect is requested to notify the Committees when a request has been made to the Commission for Summerhouse funding. Senate Office Buildings The agreement includes $88,424,000 for the maintenance, care and operation of the Senate Office Buildings, of which $23,100,000 shall remain available until September 30, 2024. ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:....................................... $65,324,000 Project Budget: HVAC AHU Improvements, HSOB 13,700,000 Prescriptive Egress Improvements, HSOB.............. 1,800,000 Exterior Envelope Rehabilitation, DSOB.............. 1,600,000 Minor Construction.................................. 6,000,000 --------------- 23,100,000 Total, Senate Office Buildings.................. $88,424,000 ------------------------------------------------------------------------ This item relates solely to the Senate and is in accordance with long practice under which each body determines its own housekeeping requirements, and the other concurs without intervention. Senate Employees' Child Care Center (SECCC): In anticipation of receipt by March 31, 2020, of the AOC report to identify and evaluate potential options for expanding the physical capacity of the SECCC, and a potential decision made on the path forward for SECCC facility expansion, the agreement concurs with the Senate Report and provides an additional $1,000,000 for Senate Office Buildings Minor Construction above the fiscal year 2020 budget request to be used for pre-design activities if the selection of a preferred option from the ongoing study is finalized. Such pre-design activities would include developing a site- specific program of requirements, an acquisition plan, and an independent government estimate. House Office Buildings (INCLUDING TRANSFER OF FUNDS) The agreement includes $153,273,000 for the care and maintenance of the House Office Buildings, of which $30,300,000 shall remain available until September 30, 2024, and $62,000,000 shall remain available until expended for the restoration and renovation of the Cannon House Office Building. ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:....................................... $60,973,000 Project Budget: Electrical Distribution Switchgear Upgrade, LHOB.... 17,200,000 CAO Project Support................................. 6,100,000 Minor Construction.................................. 7,000,000 Cannon Building Restoration......................... 62,000,000 --------------- 92,300,000 Total House Office Buildings (base program)..... $153,273,000 ------------------------------------------------------------------------ This item relates solely to the House and is in accordance with long practice under which each body determines its own housekeeping requirements, and the other concurs without intervention. Capitol Power Plant In addition to the $10,000,000 made available from receipts credited as reimbursements to this appropriation, the agreement includes $98,957,000 for maintenance, care and operation of the Capitol Power Plant, of which $15,300,000 shall remain available until September 30, 2024. With respect to operations and projects, the agreement includes the following: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:....................................... $83,657,000 Project Budget: R Tunnel Improvements, Constitution................. 10,100,000 Switchgear A and the Final Chiller Replacement, RPF, 1,200,000 Phase VIII, WRP.................................... Minor Construction.................................. 4,000,000 --------------- 15,300,000 Total, Capitol Power Plant...................... $98,957,000 Offsetting Collections...................... 10,000,000 ------------------------------------------------------------------------ Reimbursable Authority: The reimbursable authority for steam and chilled water provides additional resources for Capitol Power Plant operations beyond those provided through appropriated funds. However, the use of this funding, expected to total $10,000,000 in fiscal year 2020, is not described in Architect of the Capitol budget justifications or controlled by Congress in any way. The AOC is directed to include projected uses of this reimbursable authority in its future budgets. Library Buildings and Grounds The agreement includes $55,746,000 for Library of Congress Buildings and Grounds, of which $25,200,000 shall remain available until September 30, 2024. With respect to operations and projects, the agreement includes the following: [[Page H11364]] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:....................................... $30,546,000 Project Budget: Copper Roof Replacement and Fall Protection, JAB.... 16,500,000 ESPC Management Program, LBG........................ 5,200,000 Minor Construction.................................. 3,500,000 --------------- 25,200,000 Total, Library Buildings and Grounds............ $55,746,000 ------------------------------------------------------------------------ Capitol Police Buildings, Grounds and Security The agreement includes $55,216,000 for Capitol Police Buildings, Grounds and Security, of which $28,000,000 shall remain available until September 30, 2024. With respect to operations and projects, the agreement includes the following: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:....................................... $27,216,000 Project Budget: Barrier Lifecycle Perimeter Security Kiosk Rplcmt, 8,300,000 Phase IV, OSP...................................... Roof Replacement, Alternate Computer Facility....... 7,300,000 Perimeter Security Fence Modification, OSP.......... 4,900,000 Off-Site Delivery Screening Center Study, OSP....... 1,500,000 Visitor Vestibules, USC............................. 1,000,000 Minor Construction.................................. 5,000,000 --------------- 28,000,000 Total, Capitol Police Buildings, Grounds and $55,216,000 Security....................................... ------------------------------------------------------------------------ Botanic Garden The agreement includes $16,094,000 for the U.S. Botanic Garden (USBG), of which $4,000,000 shall remain available until September 30, 2024. Within Operating Expenses, the recommendation includes the $150,000 increase requested for the exhibits program celebrating the USBG's 200th anniversary year. The agreement also includes the requested $200,000 increase for the partnerships program for urban agriculture, which will expand the Botanic Garden's urban agricultural training and education initiative. With respect to operations and projects, the agreement includes the following: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Operating Budget:....................................... $12,094,000 Project Budget: Minor Construction.................................. 4,000,000 --------------- 4,000,000 Total, Botanic Garden........................... $16,094,000 ------------------------------------------------------------------------ Capitol Visitor Center The agreement includes $24,321,000 for the Capitol Visitor Center. Administrative Provision The agreement prohibits payments of bonuses to contractors behind schedule or over budget. Library of Congress Salaries and Expenses The agreement includes $504,164,000 in direct appropriations and authority to spend receipts of $6,000,000 for a total of $510,164,000. This amount includes $3,587,000 for the Veterans History Project. Office of Inspector General: The agreement includes not less than $3,991,000 for the Library's Office of Inspector General during fiscal year 2020. Centralized Funding for Information Technology: As requested by the Library, funding for centralized IT services is appropriated directly to the main Library of Congress Salaries and Expenses account for use by the Office of the Chief Information Officer instead of to the component organizations receiving the IT services. This realignment reflects where services are actually being performed, avoiding the need for repeated reimbursement transactions, and will help facilitate the final phases of IT centralization across the Library. As a result, a total of $13,556,000 is provided to the Salaries and Expenses account, with $2,708,000 allocated for Copyright Office IT services, $8,767,000 designated for Congressional Research Service IT services, and $2,081,000 allocated for National Library Service for the Blind and Print Disabled IT services. As a result of this realignment, funding for the three agencies may appear lower, compared to fiscal year 2019. The Library is expected to provide a detailed spending plan within 60 days of enactment of this act, including any increase in FTE levels associated with the IT modernization. Primary Computing Facility: Included within this recommendation is $7,000,000 for Data Center Transformation and Modernization (phase II). The Library's Office of the Chief Information Officer has confirmed that it is on schedule to complete the Data Center Transformation Program by the end of fiscal year 2020. The Librarian of Congress is directed to provide a written report, within 30 days of enactment of this act, outlining a month-by-month timeline of when the data center migration will be completed, including a detailed overview of how the Library intends to meet its fiscal year 2020 deadline to migrate to an offsite certified Tier III data center. IT Modernization and Integrated Master Schedule: The agreement continues to build on investments in IT modernization at the Library, including updating outdated infrastructure, supporting migration to a Tier III data center, and improving the security of the networks. To facilitate the oversight of these investments, the Library is directed to develop an integrated master schedule for its overarching IT modernization efforts. The integrated master schedule should use best practice criteria from the Government Accountability Office, Project Management Institute, or other entity with similar expertise to outline the span of the modernization effort, to be updated on a rolling basis as milestones are met and modernization moves forward. In order to measure the modernization cost and schedule performance on an ongoing basis, the integrated master schedule should also include a comparison of the applicable planned cost of completed work to actual cost incurred, to be updated quarterly. The baselined integrated master schedule should be completed and shared with the Committees within 60 days of enactment of this act. Visitor Experience Project: The agreement provides $10,000,000 to be available until expended for further design and development of the Visitor Experience Project. This brings the total Federal investment provided thus far for the project to $20,000,000. The Library is expected to complete a detailed plan with further design, along with cost estimates completed by the Architect of the Capitol, for the project. This material should be made available as part of the Library's annual budget request. Language is included making this funding available only upon approval of the House and Senate Legislative Branch Appropriations Subcommittees. Such approval will be contingent upon agreement that the Library has completed the necessary design and development of the project, along with detailed cost estimates. The Library is also requested to provide semi-annually the amount of non- Federal funding committed or received for this project. National Film and Sound Recording Preservation Programs: The important work of the National Film Preservation Program and the National Sound Recording Preservation Program is recognized, including the federally chartered National Film and National Recording Preservation Foundations (Foundations). Consistent with the authorizing statute, the Foundations utilize both public and private matching funds to provide grants to a wide array of educational and non-profit organizations that help preserve historical and cultural artifacts that would otherwise disappear or be destroyed over time. Given that these programs were reauthorized under the Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2016 (Public Law 114-217), the Library is expected to provide support to these programs. Copyright Office SALARIES AND EXPENSES The agreement includes $42,137,000 in direct appropriations to the Copyright Office. An additional $45,700,000 is made available from receipts for salaries and expenses and $4,003,000 is available from prior year unobligated balances, for a total of $91,840,000. Information Technology Modernization: The recommendation continues funding for Copyright Office IT modernization. The Copyright Office is directed to provide a detailed spend plan for the IT modernization efforts intended to be addressed with the funds provided in fiscal year 2020. Additionally, the Copyright Office is directed to develop an integrated and reliable master schedule for its mission specific modernization efforts. The integrated master schedule should use best practice criteria from the Government Accountability Office, Project Management Institute, or other entity with similar expertise to outline a set of detailed milestones and outcome measures over the span of the modernization effort, to be updated on a rolling basis as milestones are met and modernization moves forward. In order to measure the modernization cost and schedule performance on an ongoing basis, the integrated master schedule should also include a comparison of the applicable planned cost of completed work to actual cost incurred, to be updated quarterly. The baselined integrated master schedule should be completed and shared with the Committees within 60 days of enactment of this act. In lieu of language included in the Senate report, the agreement includes the following: Satellite Subsidy Expiration: There is a concern that the distant signal provision contained in the STELA Reauthorization Act of 2014 (Public Law 113-200) may provide a below-market incentive for a mature satellite industry to restrict local news transmission. Recognizing that this law is set to expire on December 31, 2019, the Register of Copyrights is directed to conduct a study on the impact on the market post-expiration, and report to the Committees within 18 months of enactment of this act. Congressional Research Service SALARIES AND EXPENSES The agreement includes $120,495,000 for salaries and expenses. Congressional Staff Education: The Congressional Research Service (CRS) provides valuable education seminars for congressional staff on the legislative process. CRS is encouraged to continue to incorporate analyses of Federal law and related judicial developments, legislation and the regulatory process, and international law into its curriculum. National Library Service for the Blind and Print Disabled SALARIES AND EXPENSES The agreement includes $58,563,000 for salaries and expenses. Modernization: The recommendation includes $5,000,000 for replacement of the Braille and Audio Reading by Download [[Page H11365]] (BARD) website which will enhance service to existing National Library Service (NLS) patrons and is expected to increase its number of users. The recommendation also includes $2,375,000 to increase the supply of talking book machines and Braille eReaders. Administrative Provision The agreement includes a provision regarding reimbursable and revolving funds. Government Publishing Office Congressional Publishing (INCLUDING TRANSFER OF FUNDS) The agreement includes $79,000,000 for authorized publishing, printing and binding for the Congress. Public Information Programs of the Superintendent of Documents SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The agreement includes $31,296,000. Government Publishing Office Business Operations Revolving Fund The agreement includes $6,704,000. Office of Inspector General: The agreement includes not less than $4,172,000 for the Government Publishing Office's (GPO) Office of Inspector General (OIG) during fiscal year 2020. Responsiveness to Congress: The GPO OIG is responsible for providing independent and objective information to the Director of GPO and to the Congress. The information provided is crucial to the oversight functions of Congress and the daily functions of the agency and its employees. The OIG shall fully inform the Committees of any problems and deficiencies within the agency, as provided by statute. The OIG should inform the Committees periodically and upon request of all completed activities of the OIG that are not classified in nature. In instances when information or reports are deemed agency-sensitive, the OIG is expected to be transparent and work collectively with the Committees to ensure that Congress has access to information critical to its legislative branch oversight functions. Government Accountability Office Salaries And Expenses The agreement includes $630,000,000 in direct appropriations for salaries and expenses of the Government Accountability Office (GAO). In addition, $24,800,000 is available from offsetting collections, for a total of $654,800,000. GAO Office of Inspector General: The agreement also includes not less than $2,375,000 for the GAO Office of Inspector General, which supports not less than 11 FTE. Science and Technology Issues: The funding provided will allow GAO to increase support for Congress' work on evolving science and technology issues. The 2019 report from the National Academy of Public Administration (NAPA) identified the need for GAO to focus its advice to Congress on technical assessments and short-to-medium term studies. The study also highlighted that although GAO's support requests from Congress have increased, GAO should consider expanding its outreach to the science and technology community and coordination with CRS to better fill these gaps. GAO is encouraged to dedicate a specific number of experts to work exclusively on GAO's Science, Technology Assessment, and Analytics (STAA) team that was created in January 2019, a recommendation that was included in the NAPA report. GAO Budget Appropriations Group: The GAO Budget Appropriations Group provides important services to Congress through its formal legal opinions, informal legal advice, the updating of its three-volume treatise on appropriations law, and its responsibilities under the Impoundment Control Act. The number of requests to the Budget Appropriations Group has increased dramatically over the last five years, making it more difficult for GAO to respond to Congressional inquiries. Within the increases provided, GAO is encouraged to enhance the resources allocated to its important appropriations law functions. OPEN WORLD LEADERSHIP CENTER TRUST FUND The agreement includes $5,900,000. Mission: The Open World Leadership Center (OWLC) is applauded on its twentieth year of operation. The highlight of OWLC's accomplishments has been the engagement of program participants with United States Government officials, including Members of Congress, which helps to improve the image of the United States in countries where leaders have limited direct interface with Americans and our values. Open World should continue to support Congress in fostering relationships with select foreign states in its programs as an adjunct to United States diplomatic relations, and to gain greater understanding between our nations. Such a course of action would be in line with a national strategy to compete for influence in Central and Eastern Europe as well as Central Asian countries, given the current multi-polar world that presents both challenges and opportunities. JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT The agreement includes $430,000. TITLE II--GENERAL PROVISIONS The agreement continues provisions related to maintenance and care of private vehicles; fiscal year limitations; rates of compensation and designation; consulting services; costs of the LBFMC; limitation on transfers; guided tours of the Capitol; limitation on telecommunications equipment procurement; prohibition on certain operational expenses; plastic waste reduction; adjustments to normal cost percentage rates; and congressional staff compensation. [[Page H11366]] [GRAPHIC] [TIFF OMITTED] TH161219.232 [[Page H11367]] [GRAPHIC] [TIFF OMITTED] TH161219.233 [[Page H11368]] [GRAPHIC] [TIFF OMITTED] TH161219.234 [[Page H11369]] [GRAPHIC] [TIFF OMITTED] TH161219.235 [[Page H11370]] [GRAPHIC] [TIFF OMITTED] TH161219.236 [[Page H11371]] [GRAPHIC] [TIFF OMITTED] TH161219.237 [[Page H11372]] [GRAPHIC] [TIFF OMITTED] TH161219.238 [[Page H11373]] [GRAPHIC] [TIFF OMITTED] TH161219.239 [[Page H11374]] [GRAPHIC] [TIFF OMITTED] TH161219.240 [[Page H11375]] [GRAPHIC] [TIFF OMITTED] TH161219.241 [[Page H11376]] [GRAPHIC] [TIFF OMITTED] TH161219.242 [[Page H11377]] [GRAPHIC] [TIFF OMITTED] TH161219.243 [[Page H11378]] DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 The following is an explanation of the effects of Division F which makes appropriations for Military Construction, Veterans Affairs, and Related Agencies for fiscal year 2020. Unless otherwise noted, references to the House Report is reference to House Report 116-63. The language set forth in House Report 116-63 should be complied with and carry the same emphasis as the language included in the joint explanatory statement, unless specifically addressed to the contrary in this joint explanatory statement. While repeating some report language for emphasis, this joint explanatory statement does not intend to negate the language referred to above unless expressly provided herein. TITLE I DEPARTMENT OF DEFENSE Reprogramming Guidelines.--The following reprogramming guidelines apply for all military construction and family housing projects. A project or account (including the sub- elements of an account) which has been specifically reduced by the Congress in acting on the budget request is considered to be a congressional interest item and as such, prior approval is required. Accordingly, no reprogramming to an item specifically reduced below the threshold by the Congress is permitted, except that the DOD may seek reprogramming for appropriated increments. The reprogramming criteria that apply to military construction projects, which is 25 percent of the funded amount or $2,000,000, whichever is less, also apply to new housing construction projects and improvements. To provide the services the flexibility to proceed with construction contracts without disruption or delay, the costs associated with environmental hazard remediation such as asbestos removal, radon abatement, lead-based paint removal or abatement, and any other legislated environmental hazard remediation may be excluded, if such remediation requirements could not be reasonably anticipated at the time of the budget submission. This exclusion applies to projects authorized in this budget year, as well as projects authorized in prior years for which construction has not been completed. In addition to these guidelines, the services are directed to adhere to the guidance for military construction reprogramming actions and notifications, including the pertinent statutory authorities contained in DOD Financial Management Regulation 7000.14-R and relevant updates and policy memoranda. Further, the agreement encourages the Office of the Director of National Intelligence to use a format similar to that used by the Office of the Secretary of Defense to submit reprogramming requests. Natural Disasters and Military Installations Resiliency.-- The Committees support the military's continued focus on building lasting and resilient military installations, including methods that update hurricane-resistant building codes for bases, barracks, hospitals, and airfields. The Committees strongly support Department-wide initiatives such as revised structure planning, conservation programs and modeling new installations with the threat of sea-level rise in mind. The agreement strongly urges DOD to prioritize investing in climate-sustainable infrastructure projects because they yield positive results, such as increased resiliency and cost-savings. The agreement reiterates the direction provided in House Report 116-63 that directs DOD to detail its plans to further develop lasting and resilient military installations. The agreement also includes $75,000,000 in planning and design funds for the Services to address these and 10 U.S.C. 2864 master plan requirements in future military construction programs. Bid Savings.--Cost variation notices required by 10 U.S.C. 2853 continue to demonstrate the Department of Defense (DOD) continues to have bid savings on previously appropriated military construction projects. Therefore, the agreement includes rescissions to the Defense-Wide military construction account and the NATO Security Investment Program. The Secretary of Defense is directed to continue to submit 1002 reports on military construction bid savings at the end of each fiscal quarter to the Committees. Incremental Funding.--In general, the Committees support full funding for military construction projects if they are executable. However, it continues to be the practice of the Committees to provide incremental funding for certain large projects to enable the services to more efficiently allocate military construction dollars among projects that can be executed in the year of appropriation. Therefore, the agreement includes 16 projects that have been incrementally funded, however the full authorization of the projects was provided in the National Defense Authorization Act, Fiscal Year 2020. Facilities Sustainment, Restoration and Modernization (FSRM).--The Department of Defense is directed to continue describing on form 1390 the backlog of FSRM requirements at installations with future construction projects. For troop housing requests, form 1391 should describe any FSRM conducted in the past two years. Likewise, future requirements for unaccompanied housing at the corresponding installation should be included. Additionally, the forms should include English equivalent measurements for projects presented in metric measurement. Rules for funding repairs of facilities under the Operation and Maintenance accounts are described below: (1) components of the facility may be repaired by replacement. Such replacement can be up to current standards or codes; (2) interior arrangements and restorations may be included as repair; (3) additions and new facilities may be done concurrently with repair projects, as long as the final conjunctively funded project is a complete and usable facility; and (4) the appropriate service secretary shall notify the appropriate committees 21 days prior to carrying out any repair project with an estimated cost in excess of $7,500,000. Work In Progress Or Planned (WIP) Curve.--The Services and the Office of the Secretary of Defense (on behalf of itself and defense agencies) are directed to submit a WIP curve for each project requested in a budget submission above $90,000,000 with the 1391 justification to the congressional defense committees. Due to the alarming amount of unawarded prior-year military construction projects, the Secretary of Defense is directed to report to the congressional defense committees quarterly, beginning in the second quarter of fiscal year 2020 and each quarter thereafter on projects that remain unawarded from the current and prior fiscal years and the reasons therefore. Finally, in order to improve transparency and consistent with data publication required under 10 U.S.C. 2851, the agreement directs the Secretary of Defense to submit reports to the congressional defense committees on a quarterly basis starting no later than the second quarter of fiscal year 2020 identifying contracts awarded in the relevant previous quarter for projects funded in this title. At minimum the reports should include: the project name and location, contract solicitation and award date, and contract award amount. Military Construction Thresholds.--The agreement places no restriction on military construction funding levels that can be requested by the Department, whether domestic or overseas although the Secretary of the Army has issued guidance that the cost for individual military construction projects should not exceed $100,000,000. Project scopes should not be artificially capped by cost and the agreement directs the Army to reevaluate this practice and to include incorporating area cost factor into any related guidance. In accordance with standing practice, the Department is directed to request such funds for military construction as may be necessary to meet military requirements and can be responsibly executed. Leveraging Military Construction for Emergent Requirements.--The Committees recognize that other countries are utilizing infrastructure to enhance national interest at a higher rate of investment than the Department of Defense. Military construction is vital to current and future force readiness and can be a strategic asset to deter near-peer competitors, particularly in nations that support U.S. posture in the Indo-Asia-Pacific, such as Micronesia, the Marshall Islands, and Palau. The agreement provides an additional $10,000,000 in Defense-Wide planning and design for emergent requirements in the Indo-Pacific Command (INDOPACOM) region that support National Defense Strategy objectives to sustain joint force military advantages and deter adversaries from aggression against our national interest. INDOPACOM is directed to provide a spend plan for these funds no later than 180 days after enactment of this Act. Project Delivery and Process Improvements.--Because of concern with the number of projects delivered behind schedule or over budget, the agreement directs the Secretary of Defense to provide a report within 180 days of enactment of this Act on the Department's progress in adopting best industry practices and other initiatives to address and mitigate risks in the delivery of construction projects. The report should include descriptions of the specific improvements that have been assessed and the extent of their implementation, the intended results and metrics, suggested refinements to budget documents, and individual assessments by the Secretaries concerned and DOD construction agents on the extent to which they have incorporated these improvements into their military construction programs. Construction Costs.--DOD faces increasing challenges meeting its construction requirements in remote and highly remote markets where projects are less competitive in the DOD planning, programming, and budgeting process compared to those in low costs markets, regardless of the importance of the project to the DOD mission. Therefore, no later than 270 days after enactment of this Act, the US Army Corps of Engineers (USACE) and Naval Facilities Command (NAVFAC) are directed to provide a report assessing strategies for controlling and reducing costs to military construction projects. The report shall specifically consider project costs in remote and highly remote markets, including overseas markets in the Western and Southern Pacific. The report shall also consider the costs that DOD can control through the acquisition process, including potential changes to procurement authorities that allow preference of alternative, lower-cost building materials and techniques, such as concrete curing, provided the materials and techniques meet military specific design standards. Natural Disaster Recovery.--Consistent with standard practice, the agreement directs DOD to adhere to all applicable laws concerning National Environmental Protection Act (NEPA) requirements prior to beginning any site preparation or construction. The agreement further directs DOD no later than [[Page H11379]] 30 days after enactment of this Act to brief the congressional defense committees on any steps that have been taken or are expected to be taken related to military construction at installations recovering from natural disasters that are not in accordance with NEPA requirements. Equivalent Standards.--The agreement encourages the Secretary of Defense, in coordination with the Secretaries of the Military Departments, to pursue the identification of equivalent host nation standards as an option to align U.S. and host country criteria and standards to improve project delivery, particularly in those countries where construction costs are escalating. Furthermore, the agreement encourages DOD construction agents and project sponsors to utilize equivalent standards as appropriate on DOD projects to the maximum extent possible. Federal, State and Local Intelligence Collaboration.-- Several states utilize National Guard Bureau (NGB) facilities for intelligence analysis and fusion centers. As previously indicated in Senate Report 115-130 and Senate Report 115-269, the Committees remain supportive of such collaborative co- location projects particularly as it relates to the NGB's Joint Force Headquarters Analysis Cells concept. The Committees urge the Department and the NGB to prioritize needed workplace replacement projects, including Sensitive Compartmented Information Facility projects to conduct State and Federal intelligence analysis, in the fiscal year 2021 and future budget submissions. Child Development Centers (CDCs) and Quality of Life (QOL).--Adequate childcare is vitally important to servicemembers and their families, and the lack of Child Development Centers (CDCs) creates an unnecessary hardship for them. To address this shortfall, the agreement includes $11,000,000 in each of the Services' planning and design accounts to assist them in preparing for the construction of new CDCs at the most underserved military installations. In addition, the Committees expect the direction given in House Report 116-63 to be followed. Defense Access Roads.--Improving road safety at and around military facilities is an important part of maintaining and enhancing military readiness, and there is a concern that DOD's lack of future planning for Defense Access Roads (DAR) and transportation infrastructure needs around bases places servicemembers and their families at risk especially at Reserve bases. The agreement directs the Secretary of Defense in consultation with the Secretary of Transportation to prioritize all DAR certified roads and projects in the outyears 2021-2026. The agreement directs the Secretary of Defense to provide a list of planned DAR projects at active and reserve installations no later than 60 days after the enactment of this Act. Military Construction, Army The agreement provides $1,178,499,000 for ``Military Construction, Army'', which is $275,000,000 below the budget request. Within this amount, the agreement provides $136,099,000 for study, planning, design, architect and engineer services, and host nation support. The agreement also provides an additional $11,000,000 above the request for planning and design for child development centers. Motorpools.-- The Committees look forward to receiving the report requested in House Report 116-63 regarding the modernization needs of motorpools that support the rapid deployment of armored combat units. Alaska Infrastructure Readiness Initiative.--The agreement recognizes that U.S. Army Pacific senior leaders proposed an Alaska Infrastructure Readiness Initiative to address identified deficiencies in infrastructure in Alaska and encourages the Army to pursue this initiative and provide biannual reports to the Committees on Appropriations of both Houses of Congress on its progress. Range Expansion.--Recognizing the concern that the Army lacks adequate testing and range space to test new, increased range and capacity fires, and that it is currently in discussions with Yuma Proving Grounds to provide additional capability for testing, the agreement encourages the Army to continue this planning and propose necessary resources in future budgets to support this expansion. Military Construction, Navy and Marine Corps The agreement provides $2,449,632,000 for ``Military Construction, Navy and Marine Corps'', which is $356,111,000 below the budget request. Within this amount, the agreement provides $178,715,000 for study, planning, design, architect and engineer services. The agreement also provides an additional $11,000,000 above the request for planning and design for child development centers. Fire and Emergency Services.--There is continued concern about the current state of fire and emergency services facilities at installations across the country. Installations such as Naval Support Activity Bethesda operate fire stations built more than 70 years ago and are unable to be modified to accommodate modern vehicles and fire trucks or provide the appropriate livable quarters. Many of the stations lack the appropriate fire suppression systems therefore rendering them unusable. The Department of the Navy is directed to plan and program sufficient funding to address fire and emergency services shortfalls in its fiscal year 2021-2025 future years defense program. Navy Pier Replacement Master Plan.--To address concerns that the Navy has not properly synchronized or prioritized pier replacement projects the agreement directs the Secretary of the Navy to provide to the congressional defense committees a report no later than 90 days after enactment of this Act on pier replacement projects in the fiscal years defense plan for 2021-2025. Naval Shipyard Modernization.--The agreement supports the Department's Shipyard Infrastructure Optimization Plan (SIOP) submitted to Congress in February 2018. The Committees continue to believe the Navy's assessment of public shipyard dry dock capacity is particularly important, as it identifies 68 deferred maintenance availabilities under the status quo, 67 of which are restored upon making the public shipyard dry dock investments within the timeframe recommended by the plan. Accordingly, the Secretary of the Navy is urged to prioritize the timely funding of public shipyard infrastructure, and in particular dry dock and shore infrastructure necessary to support critical maintenance of surface and submarine fleets by public shipyards. The SIOP also includes ongoing feasibility assessments on new concepts to improve shipyard maintenance efficiency. The Committees expect the Navy to continue to assess these new concepts without delaying construction improvements at the public shipyards for which Congress has already appropriated funding. As such, the Committees are disappointed that the Navy cancelled for a second time a project requested and appropriated for that would construct a dry dock waterfront facility (P214) prior to providing a realistic plan to address urgent safety issues and meet Pacific Fleet maintenance requirements. The agreement directs the Secretary of the Navy to develop a cost estimate for its dry dock production facility (DDPF) concept, and to provide a report within 90 days of enactment of this Act on the feasibility of programming and constructing the lead DDPF at Pearl Harbor Naval Shipyard as a replacement for P214. The agreement also directs the Secretary of the Navy to include in such report the planned sustainment, restoration, and modernization measures that will be undertaken to mitigate the effect of a further delayed replacement facility. New Platforms and Weapons Systems.--There is concern that the Department of the Navy's process to identify, plan, and budget for requirements to provide adequate shore facilities and infrastructure to support the deployment of new weapons systems is flawed and that projects requested by the Department do not include all facility and infrastructure requirements needed to support the weapons systems, leading to the need to alter the scope of the project or reprogram already scarce funds. Therefore, the agreement directs the Secretary of the Navy to provide a report within 180 days of enactment of this Act on the Department's processes and timelines for identifying the full range of infrastructure and range requirements associated with the life cycle support for major weapons systems, prior to the programming of those systems for procurement. Specifically, the report should address (1) the Department's processes and timelines associated with incorporating those requirements into the program of record, periodic reviews, and ultimately into annual budget submissions; (2) the review and evaluation of the risk associated with not funding certain requirements, to include the assessment of the costs of workarounds; (3) how, when, and to what extent organizations in the Department responsible for the management of facilities and shore infrastructure are incorporated into the process of identifying requirements and developing budget input prior to the fielding of new equipment; (4) the process to ensure that budget justification and periodic program reviews include work needed to provide adequate infrastructure, utilities, and other systems needed to support the weapons systems; and (5) any impediments in law or policy that impact the Department's ability to make decisions about infrastructure investments associated with major weapons system procurements. Military Construction, Air Force The agreement provides $1,687,230,000 for ``Military Construction, Air Force'', which is $492,000,000 below the budget request. Within this amount, the agreement provides $153,148,000 for study, planning, design, architect and engineer services. The agreement also provides an additional $11,000,000 above the request for planning and design for child development centers. Defense Laboratory Modernization Pilot Program.--The agreement includes an additional $111,000,000 to support three Air Force laboratories located at Edwards AFB, Eglin AFB and Nellis AFB. Air Force Ballistic Missile Facilities.--There is concern about the Air Force's decision to defer missile alert facility (MAF) recapitalization until a Ground Based Strategic Deterrent (GBSD) design solution has matured. While it is not responsible to construct facilities that could soon be obsolete, the Air Force should more thoroughly examine whether recapitalization of MAFs is wholly incompatible with future GBSD design. The agreement urges the Air Force to invest sufficiently in the human component of the legacy weapons system and ensure adequate funding for MAF sustainment, and recapitalization, as necessary. The agreement also recognizes the importance of the Weapons Generation Facility (WGF) modernization program but remains concerned about execution delays, cost overruns, and the impact to follow on projects, [[Page H11380]] which may experience similar challenges. The agreement encourages the Air Force to continue to follow its revised plan for construction and upgrades to the WGF enterprise and to provide quarterly briefings to update the Committees on status, requirements changes, and timelines for current and future projects associated with the WGF modernization program. Corrosion Control and Painting Facilities.--There is concern that the Air Force may not have adequate corrosion control and painting facilities to support the RQ-4 aircraft. For example, at Grand Forks Air Force Base, aircraft painting is contracted out due to a lack of facilities that can support these capabilities. Therefore, the agreement directs the Secretary of the Air Force to report within 90 days of enactment of this Act on its capacity to perform corrosion control and painting activities for the RQ-4 aircraft, the outstanding infrastructure requirements needed to support these efforts, and whether these requirements can be met with facility sustainment, restoration, and modernization funding or military construction. Military Construction, Defense-Wide (INCLUDING TRANSFER OF FUNDS) The agreement provides $2,362,529,000 for ``Military Construction, Defense-Wide'', which is $141,661,000 below the budget request. Within this amount, the agreement provides $298,655,000 for study, planning, design, architect and engineer services. Energy Resilience and Conservation Investment Program (ERCIP).--The agreement provides $232,630,000 for ERCIP, an increase of $82,630,000 above the budget request to fund seven unfunded requirements of the program for energy resilience. Also, an additional $13,300,000 is provided under the Defense-Wide planning and design account specifically for ERCIP. The Secretary of Defense is directed to submit to the congressional defense committees a spend plan for the additional ERCIP funds, to include the planning and design funds, no later than 30 days after enactment of this Act. Renewable Energy Systems, Energy Conservation, and Energy Policy.--The agreement supports the Department's efforts to improve energy resilience, improve mission assurance, save energy, and reduce energy costs. DOD must continue to increase the integration of alternative energy sources, particularly through renewable sources at all military facilities and installations. The Committees expect DOD to follow all directives provided in House Report 116-63 regarding Renewable Energy Systems, Energy Conservation, and Energy Policy. Fuel Storage Assurance.--The agreement recognizes the important role that assured access to adequate fuel has on the Joint Force's readiness and the challenges the Defense Logistics Agency will face funding fuel storage requirements from within its existing military construction account that accommodate future force structure and posture requirements, environmental regulations, and other changes affecting the Joint Force's fuel needs. No later than 180 days after enactment of this Act, the agreement directs the Secretary of Defense to provide a report assessing the feasibility of meeting future fuel storage infrastructure requirements in DOD's planning, programming, and budgeting process, using a Joint Force funding construct. Military Construction, Army National Guard The agreement provides $210,819,000 for ``Military Construction, Army National Guard'', which is the same as the budget request. Within this amount, the agreement provides $20,469,000 for study, planning, design, architect and engineer services. Readiness Center Transformation Master Plan.--The Army National Guard (ARNG) should continue to dedicate funding to implement the Readiness Center Transformation Master Plan. The Committees urge the Army and ARNG leadership to sufficiently budget for military construction so that sustained investment in Readiness Center transformation does not result in severely neglected operational facilities across the remaining infrastructure enterprise. Regional Training Institutes.--The Committees recognize the importance of Regional Training Institutes (RTI) across the country for the readiness of ARNG and are concerned about the lack of infrastructure to support the mission of the RTIs. For example, the RTI at Fort Hood is lacking sufficient facilities to provide the proper training to achieve optimum readiness. The Committees urge the Department of Defense to prioritize facilities for this important and vital mission of ARNG and Army Reserve. National Guard Training Center.--The Committees recognize the importance of the National Guard Texas Training Center, which has been in development since 2010 and has had execution delays. The Committees recognize that the Texas Training Center remains a high priority and the Texas Army National Guard shall continue its efforts to establish the Center. The agreement directs the Director of the Army National Guard to provide a progress report to the congressional defense committees no later than 90 days after enactment of this Act.'' Military Construction, Air National Guard The agreement provides $164,471,000 for ``Military Construction, Air National Guard'', which is $1,500,000 below the budget request. Within this amount, the agreement provides $17,000,000 for study, planning, design, architect and engineer services. MQ-9 Facilities.--Some Air National Guard MQ-9 units will require new operations facilities in the coming years to be able to continue executing the MQ-9 mission. The National Guard Bureau should continue to prioritize funding for necessary construction projects in future budget requests to avoid unnecessary risk to MQ-9 operations. Military Construction, Army Reserve The agreement provides $60,928,000 for ``Military Construction, Army Reserve'', which is the same as the budget request. Within this amount, the agreement provides $6,000,000 for study, planning, design, architect and engineer services. Military Construction, Navy Reserve The agreement provides $54,955,000 for ``Military Construction, Navy Reserve'', which is the same as the budget request. Within this amount, the agreement provides $4,780,000 for study, planning, design, architect and engineer services. Military Construction, Air Force Reserve The agreement provides $59,750,000 for ``Military Construction, Air Force Reserve'', which is the same as the budget request. Within this amount, the agreement provides $4,604,000 for study, planning, design, architect and engineer services. North Atlantic Treaty Organization Security Investment Program The agreement provides $172,005,000 for the ``North Atlantic Treaty Organization Security Investment Program'', an increase of $27,965,000 above the budget request. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT The agreement provides $398,526,000 for the ``Department of Defense Base Closure Account'', which is $120,000,000 above the budget request. The agreement provides an additional $60,000,000 for the Navy to accelerate environmental remediation at installations closed under previous Base Closure and Realignment rounds. Furthermore, the Navy shall provide to the Committees a spend plan for these additional funds no later than 60 days after enactment of this Act. Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA).--The agreement provides an additional $60,000,000 above the budget request to address PFOS and PFOA cleanup. The Secretary of Defense is directed to submit a spend plan no later than 60 days after enactment of this Act regarding the use of these additional funds. The Committees are concerned about the extent PFOS/PFOA contamination at U.S. military installations. While this division only covers military installations funded through the Base Realignment and Closure (BRAC) account that are affected by PFOS/PFOA, the issue is not limited to the Department of Defense and affects many communities across the Nation. The Department is directed to engage the Environmental Protection Agency as it evaluates the need for a maximum containment level, as provided by the Safe Drinking Water Act, as well as designate these chemicals as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act, and to keep the Committees apprised of new findings of PFOS/PFOA at BRAC sites. DEPARTMENT OF DEFENSE Family Housing Items of Interest Housing Support and Management Costs.--The agreement also includes section 131 under Administrative Provisions that provides an additional $140,800,000 above the budget request for Family Housing Support and Management Costs to increase the Services' ability to provide oversight and management, and personnel to track current and future issues that may affect military family housing. The additional funds were identified by the Services on the Unfunded Priority list submitted to Congress by the Service Secretaries. Military Privatized Housing.--Quality military housing is a key component of military readiness and quality of life, and the health of our servicemembers and their families is of the utmost importance. Substandard living conditions negatively affect the ability to recruit and retain servicemembers to the detriment of U.S. national security interests. Among other things, House Report 116-63 directed the Services to establish and maintain procedures for ensuring appropriate response and remediation efforts to safety and health threats in military housing managed by private sector property management companies. DOD is expected to comply with all the directives included in House Report 116-63. FAMILY HOUSING CONSTRUCTION, ARMY The agreement provides $141,372,000 for ``Family Housing Construction, Army'', which is the same as the budget request. FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY The agreement provides $357,907,000 for ``Family Housing Operation and Maintenance, Army'', which is the same as the budget request. FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS The agreement provides $47,661,000 for ``Family Housing Construction, Navy and Marine Corps'', which is the same as the budget request. [[Page H11381]] FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS The agreement provides $317,870,000 for ``Family Housing Operation and Maintenance, Navy and Marine Corps'', which is the same as the budget request. FAMILY HOUSING CONSTRUCTION, AIR FORCE The agreement provides $103,631,000 for ``Family Housing Construction, Air Force'', which is the same as the budget request. FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE The agreement provides $295,016,000 for ``Family Housing Operation and Maintenance, Air Force'', which is the same as the budget request. FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE The agreement provides $57,000,000 for ``Family Housing Operation and Maintenance, Defense-Wide'', which is the same as the budget request. DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND The agreement provides $3,045,000 for the ``Department of Defense Family Housing Improvement Fund'', which is the same as the budget request. DEPARTMENT OF DEFENSE MILITARY UNACCOMPANIED HOUSING IMPROVEMENT FUND The agreement provides $500,000 for the ``Department of Defense Military Unaccompanied Housing Improvement Fund'', which is the same as the budget request. ADMINISTRATIVE PROVISIONS (Including Transfers and Rescissions of Funds) The agreement includes section 101 limiting the use of funds under a cost-plus-a-fixed-fee contract. The agreement includes section 102 allowing the use of construction funds in this title for hire of passenger motor vehicles. The agreement includes section 103 allowing the use of construction funds in this title for advances to the Federal Highway Administration for the construction of access roads. The agreement includes section 104 prohibiting construction of new bases in the United States without a specific appropriation. The agreement includes section 105 limiting the use of funds for the purchase of land or land easements that exceed 100 percent of the value. The agreement includes section 106 prohibiting the use of funds, except funds appropriated in this title for that purpose, for family housing. The agreement includes section 107 limiting the use of minor construction funds to transfer or relocate activities. The agreement includes section 108 prohibiting the procurement of steel unless American producers, fabricators, and manufacturers have been allowed to compete. The agreement includes section 109 prohibiting the use of construction or family housing funds to pay real property taxes in any foreign nation. The agreement includes section 110 prohibiting the use of funds to initiate a new installation overseas without prior notification. The agreement includes section 111 establishing a preference for American architectural and engineering services for overseas projects. The agreement includes section 112 establishing a preference for American contractors in United States territories and possessions in the Pacific and on Kwajalein Atoll and in countries bordering the Arabian Gulf. The agreement includes section 113 requiring congressional notification of military exercises when construction costs exceed $100,000. The agreement includes section 114 allowing funds appropriated in prior years for new projects authorized during the current session of Congress. The agreement includes section 115 allowing the use of expired or lapsed funds to pay the cost of supervision for any project being completed with lapsed funds. The agreement includes section 116 allowing military construction funds to be available for five years. The agreement includes section 117 allowing the transfer of funds from Family Housing Construction accounts to the Family Housing Improvement Program. The agreement includes section 118 allowing transfers to the Homeowners Assistance Fund. The agreement includes section 119 limiting the source of operation and maintenance funds for flag and general officer quarters and allowing for notification by electronic medium. The provision also requires an annual report on the expenditures of each quarters. The agreement includes section 120 extending the availability of funds in the Ford Island Improvement Account. The agreement includes section 121 allowing the transfer of expired funds to the Foreign Currency Fluctuations, Construction, Defense account. The agreement includes section 122 allowing for the reprogramming of construction funds among projects and activities subject to certain criteria. The agreement includes section 123 prohibiting the obligation or expenditure of funds provided to the Department of Defense for military construction for projects at Arlington National Cemetery. The agreement includes section 124 providing additional construction funds for various Military Construction accounts. The agreement includes section 125 rescinding funds from prior Appropriation Acts from various accounts. The agreement includes section 126 defining the congressional defense committees. The agreement includes section 127 prohibiting the use of funds in this Act to close or realign Naval Station Guantanamo Bay, Cuba. The provision is intended to prevent the closure or realignment of the installation out of the possession of the United States and maintain the Naval Station's long-standing regional security and migrant operations missions. The agreement includes section 128 restricting funds in the Act to be used to consolidate or relocate any element of Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer until certain conditions are met. The agreement includes section 129 directing all amounts appropriated to ``Military Construction, Army'', ``Military Construction, Navy and Marine Corps'', ``Military Construction, Air Force'', and ``Military Construction, Defense-Wide'' accounts be immediately available and allotted for the full scope of authorized projects. The agreement includes section 130 providing additional funds for planning and design, for improving military installation resilience. The agreement includes section 131 providing additional funds for Family Housing Support and Management Costs. [[Page H11382]] [GRAPHIC] [TIFF OMITTED] TH161219.244 [[Page H11383]] [GRAPHIC] [TIFF OMITTED] TH161219.245 [[Page H11384]] [GRAPHIC] [TIFF OMITTED] TH161219.246 [[Page H11385]] [GRAPHIC] [TIFF OMITTED] TH161219.247 [[Page H11386]] [GRAPHIC] [TIFF OMITTED] TH161219.248 [[Page H11387]] [GRAPHIC] [TIFF OMITTED] TH161219.249 [[Page H11388]] [GRAPHIC] [TIFF OMITTED] TH161219.250 [[Page H11389]] [GRAPHIC] [TIFF OMITTED] TH161219.251 [[Page H11390]] [GRAPHIC] [TIFF OMITTED] TH161219.252 [[Page H11391]] [GRAPHIC] [TIFF OMITTED] TH161219.253 [[Page H11392]] [GRAPHIC] [TIFF OMITTED] TH161219.254 [[Page H11393]] [GRAPHIC] [TIFF OMITTED] TH161219.255 [[Page H11394]] [GRAPHIC] [TIFF OMITTED] TH161219.256 [[Page H11395]] [GRAPHIC] [TIFF OMITTED] TH161219.257 [[Page H11396]] [GRAPHIC] [TIFF OMITTED] TH161219.258 [[Page H11397]] TITLE II DEPARTMENT OF VETERANS AFFAIRS Items of Special Interest Notification of Allegations.--Reports of alleged negligence or criminal behavior by VA providers that may have resulted in serious health outcomes raise extreme concerns. In multiple cases, there were warning signs of reckless or illegal behavior that were not reported or acted upon in a timely manner and may have resulted in the death of multiple veterans. Therefore, the bill maintains a provision requiring the Department to develop a plan to reduce the chances that clinical mistakes by VA employees will result in adverse events that require institutional or clinical disclosures, as VA has not adequately addressed the requirement. The agreement directs the Secretary to develop processes and procedures for staff of medical facilities to report concerns to Veterans Integrated Service Network (VISN) and Departmental leaders for awareness and action, as well as procedures for expediting any remedial or follow-up care, an impact analysis, and a communication and education plan for making staff aware of the appropriate protocols. The agreement further directs the Department to report on this effort, as well as VA's recent commitment to retrain all Veterans Health Administration leadership and personnel, to the Committees on Appropriations of both Houses of Congress within 30 days of enactment of this Act. Blue Water Navy Veterans.--The agreement includes funds to address the personnel, support and Information Technology costs required to implement the Blue Water Navy Vietnam Veterans Act of 2019 (Public Law 116-23) by January 1, 2020. Although the administration refused to submit a formal request for these funds, the Committees appreciate VA's efforts to prepare for this increase in complex cases and to prevent increases in the disability claims backlog. Transition from Active Duty to Civilian Life.--The Department is encouraged, in consultation with the Departments of Defense and Labor, to partner with community- built networks and non-profit programs, including faith-based programs, that provide wraparound employment and counseling services to veterans and their families, including high-risk veterans, to ensure they have a successful transition to civilian life. Contract Oversight.--The Department's lack of transparency in the contracting process, including reported incidents of willful misrepresentation of veteran or service-disabled veteran status for the purposes of winning Federal contract set-asides, remains a concern. The agreement directs the Department, in consultation with relevant agency partners, to provide any regulatory or legislative actions that would serve as further disincentives to this fraudulent behavior. Due to concern over the lack of visibility into contractor performance, the agreement requires the Department to submit to the Committees on Appropriations and Veterans' Affairs of both Houses of Congress notification whenever the Secretary provides notice to a contracted service provider that the service provider is failing to meet contractual obligations. At a minimum, the notification should include: (1) an explanation of the reasons for providing such notice; (2) a description of the effect of such failure, including with respect to cost, schedule, and requirements; (3) a description of the actions taken by the Secretary to mitigate such failure; and, (4) a description of the actions taken by the contractor to address such failure. Use of Authority to Convert Non-Medical Services to Contract Performance by Native Hawaiian Organizations or Indian Tribes.--Section 238 of the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019 (Public Law 115-244) maintained VA's authority to convert activities or functions of VBA, VHA, and NCA to contractor performance by businesses that are at least 51 percent owned by one or more Indian tribes as defined in section 5304(e) of title 25, United States Code, or one or more Native Hawaiian Organizations as defined in section 637(a)(15) of title 15, United States Code. The agreement directs the Department to submit a report to the Committees on Appropriations of both Houses of Congress no later than 180 days after enactment of this Act detailing VA's use of this authority to date and its plan for using it in the future. Discontinued Use of Social Security Numbers.--Section 239 of Public Law 115-244 required the Department to discontinue using Social Security account numbers to identify individuals in all information systems of the Department within 5 years for new claims and 8 years for all others. To date, the Department has not yet provided Congress with any information regarding its plan to implement this statutory requirement. The agreement directs the Department to report to the Committees on Appropriations and Veterans' Affairs of both Houses of Congress within 120 days of enactment of this Act a detailed timeline for implementation of this requirement and any budgetary requirements needed to carry it out. Security Risk Management.--Providing welcoming access to Department facilities while maintaining the necessary security is challenging. However, the Committees are concerned that the Department's current risk management policies and police governance processes are not sufficient to ensure medical facilities are adequately protected. The Department is urged to quickly implement the recommendations in the Office of Inspector General (OIG) report entitled, ``Inadequate Governance of the VA Police Program at Medical Facilities.'' Debt Recoupment.--The Department has not yet developed a way to track debt incurred by an individual veteran, and how much of that debt is a result of processing delays or errors by VA. The agreement requires the Department to submit to the Committees on Appropriations of both Houses of Congress within 120 days of enactment of this Act a plan and timeline for tracking the cause of a debt incurred by a veteran. Further, the Department should consider that debt assigned to a veteran due to a delay or mistake in processing by VA or a VA employee is considered by the Committees, for purposes of tracking, to be an error by the Department. Unobligated Balances of Expired Discretionary Funds.--The agreement directs the Secretary to submit to the Committees on Appropriations of both Houses of Congress a report no later than April 15, 2020, and quarterly thereafter, detailing all unobligated balances of expired discretionary funds by fiscal year. Veterans Benefits Administration COMPENSATION AND PENSIONS (INCLUDING TRANSFER OF FUNDS) The agreement provides $118,246,975,000 for Compensation and Pensions in advance for fiscal year 2021. Of the amount provided, not more than $18,147,000 is to be transferred to General Operating Expenses, Veterans Benefits Administration (VBA) and Information Technology Systems for reimbursement of necessary expenses in implementing provisions of title 38. The agreement also provides $1,439,931,000 for fiscal year 2020 in addition to the advance appropriation provided last year based on the administration's estimate of claims under the Blue Water Navy Vietnam Veterans Act. READJUSTMENT BENEFITS The agreement provides $12,578,965,000 for Readjustment Benefits in advance for fiscal year 2021. VETERANS INSURANCE AND INDEMNITIES The agreement provides $129,224,000 for Veterans Insurance and Indemnities in advance for fiscal year 2021. The agreement also provides $17,620,000 for fiscal year 2020 in addition to the advance appropriation provided last year. VETERANS HOUSING BENEFIT PROGRAM FUND The agreement provides such sums as may be necessary for costs associated with direct and guaranteed loans for the Veterans Housing Benefit Program Fund. The agreement limits obligations for direct loans to not more than $500,000 and provides that $200,377,391 shall be available for administrative expenses. VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT The agreement provides $57,729 for the cost of direct loans from the Vocational Rehabilitation Loans Program Account, plus $401,880 to be paid to the appropriation for General Operating Expenses, Veterans Benefits Administration. The agreement provides for a direct loan limitation of $2,008,232. NATIVE AMERICAN HOUSING LOAN PROGRAM ACCOUNT The agreement provides $1,186,000 for administrative expenses of the Native American Veteran Housing Loan Program Account. GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION The agreement provides $3,125,000,000 for General Operating Expenses, Veterans Benefits Administration and, of the amount provided, not to exceed 10 percent is available for obligation until September 30, 2021. The agreement provides $125,000,000 above the request to hire additional claims and appellate staff and to meet the requirements to implement the Blue Water Navy Vietnam Veterans Act. The agreement requires VA to report to the Committees on Appropriations of both Houses of Congress on a quarterly basis information related to claims considered under the Blue Water Navy Vietnam Veterans Act. This information should include timeliness measures as well as grant and denial rates for these claims. The agreement requires the Department to provide monthly updates on performance measures for each Regional Office. Veterans Transportation Program.--The agreement recognizes the importance of the Veterans Transportation Program and the role it plays in improving access to care by assisting Veterans in overcoming transportation barriers when accessing VHA services. Equitable Relief.--As described in House Report 116-63, the Secretary is directed to continue to grant or extend equitable relief to eligible veterans initially deemed eligible in instances of administrative error. Education Benefits.--The Committees are concerned about the levels of overpayments and improper payments being paid to GI Bill beneficiaries. The agreement directs VA to work with education stakeholders to ensure that veteran educational benefits are paid in a timely and accurate manner, and that efforts to recoup any overpayments or improper payments are fair and not overly burdensome on student veterans and their families. The agreement further directs VA, in collaboration with the Departments of Defense and Education, to provide an interagency report on the development and continued implementation of the Principles of Excellence, oversight of institutions complying with the Principles, and appropriate [[Page H11398]] and timely accountability measures for educational programs receiving Federal funding. Lastly, the agreement directs the Department to continue to reform the compliance survey process to allow early detection of fraudulent marketing or predatory recruiting practices among institutions of higher learning, and to codify a set of tools that is sufficiently agile enough to curtail the behavior of scamming institutions. Education Data Collection and Sharing.--The Committees believe that both students and VA should be able to make more evidence-based decisions when it comes to veterans' education. The agreement directs the Department to work with the Departments of Education and Defense to ensure that there is a comprehensive database, or at a minimum, a set of data- sharing agreements in place between Federal entities involved in the administration of Federal resources related to veteran educational attainment. The agreement further directs the Department to provide an interagency report on the development and implementation of data-sharing agreements, and the uses and effectiveness of the data shared. The report must be completed and provided to the Committees on Appropriations of both Houses of Congress no later than 270 days after enactment of this Act. Gulf War Veterans Claims for Service-Connected Disability Compensation.--The Department's high rates of denial of Gulf War veterans' claims for undiagnosed illnesses and chronic multi-symptom illnesses continue to be concerning. The agreement directs the Department to continue to seek ways to improve the grant rate for disability claims and to better address the needs of those veterans suffering with undiagnosed illnesses and chronic multi-symptom illnesses after their Gulf War service. Medical Disability Exams.--Consistent with statute, the agreement directs the Department to ensure that any non-VA physician contracted to conduct medical disability examinations must have a current unrestricted license to practice as a physician, and is not barred from practicing in any State, the District of Columbia, or a Commonwealth, Territory, or possession of the United States. Vocational Rehabilitation and Employment Service Counselor to Client Ratio.--The significant understaffing within rehabilitation programs negatively impacts veterans with a service-connected disability using these programs. The agreement encourages the Department to seek opportunities to expand staffing counselors in these critical areas in order to reach the ratio of 125 veterans to one full-time equivalent (FTE) position, and to provide the comprehensive individualized services that these veterans have earned. VetSuccess on Campus.--The agreement strongly encourages VA to continue to support the VetSuccess on Campus program and expand to additional schools. Anti-Recidivism Programs.--The agreement encourages VA to look for opportunities to partner with non-profit organizations that provide programs for incarcerated veterans to reduce the likelihood of recidivism. VA should consider partnering with organizations that provide combined services to veterans to support their transition out of incarceration to being productive members of the communities to which they return. As VA pursues these partnerships, the agreement encourages the establishment of metrics to measure the partnerships' effectiveness, including reduced recidivism rates among veterans. GI Bill Apprenticeships and On-the-Job-Training.-- Apprenticeships and on-the-job training (OJT) programs are important tools in teaching veterans valuable skills and aiding veterans in securing employment after transitioning from military service. However, these programs are largely underutilized by veterans. The agreement directs VA to provide a briefing to the Committees on Appropriations of both Houses of Congress no later than 90 days after enactment of this Act to update the Committees on the Department's efforts to promote awareness and increased utilization of apprenticeships and OJT, including VA's plans for tracking data on program outcomes, such as employment and income information, as well as information concerning any funding needs or necessary legislative changes to ensure these programs' success. Veterans Health Administration Importance of In-House VA Care.--As VA continues to implement the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks (MISSION) Act of 2018 (Public Law 115-182), the Committees recognize the vital role of VA's healthcare facilities in serving the unique needs of veterans. VA's medical centers, community-based outpatient centers, and other facilities provide veterans with necessary services -- such as audiology, prosthetics, mental health services for post-traumatic stress disorder and traumatic brain injury, and rehabilitation services for spinal cord injuries--that are highly specialized and at which VA often has more expertise than community providers. Veterans overwhelmingly report they are satisfied with the care they receive at VA healthcare facilities. Research has also consistently shown that VA produces as good, if not better, health outcomes as the private sector. In addition, VA healthcare facilities play a critical role in our Nation's health system in training new doctors, nurses, and other medical providers; conducting lifesaving medical research; providing nationwide emergency preparedness support; and innovating many best practices in healthcare delivery. The Committees, therefore, stress the importance of VA continuing to fully fund, fully staff, and appropriately maintain its healthcare facilities, even as the VA MISSION Act is implemented. The agreement requires VA to continue to enhance the services provided in its facilities to ensure that VA healthcare continues to be of the quality and effectiveness that veterans have come to expect. VA MISSION Act.--The agreement provides $8,908,585,000 in fiscal year 2020 and $11,291,827,000 in fiscal year 2021, consistent with the budget request, to implement the VA MISSION Act. The agreement fully funds the Department's request in order to provide greater access to timely and quality care for veterans, both in VA and in the community, but is interested in closely monitoring the financial impact of the access standards. The agreement directs the Department to submit quarterly reports to the Committees on: (1) the number of veterans served by each authority for care outlined in section 1703(d) of title 38, United States Code (i.e., the Department does not offer the care, the Department does not operate a full- service medical facility in the State in which the covered veteran resides, etc.); (2) the cost of such care broken out by the authorities in section 1703(d); and (3) the timeliness of care, on average. In addition, the agreement directs the Department to submit monthly reports to the Committees on Appropriations of both Houses of Congress identifying available resources, obligations, authorizations, and anticipated funding needs. These monthly reports should include the Veterans Choice Fund balances and clearly show funds from the Veterans Choice Fund used to support new non- VA care authorizations since June 6, 2019. The reports should also include detail on the timing of authorization of care and the obligation of funds. Allocations.--The Committees remind the Department, in accordance with the Joint Explanatory Statement accompanying Public Law 115-244, that it was directed to consult with the Committees on Appropriations and Veterans Affairs of both Houses of Congress before any future attempts are made to realign Specific Purpose funding to General Purpose funding, and that such future realignments must be proposed in an annual budget submission. No such consultation occurred, and the fiscal year 2020 budget submission did not reflect any conversion of funding. Therefore, the agreement directs that the Department not convert any Special Purpose funding to General Purpose funding in fiscal year 2020. Joint National Intrepid Spirit Center.--The agreement directs the VA/DOD Health Executive Committee to provide a report to the Committees on Appropriations of both Houses of Congress no later than 60 days after enactment of this Act on the Departments' collaborative efforts related to traumatic brain injury (TBI) care, research and education to improve the quality of and access to TBI care, and the pros and cons of establishing a joint DOD/VA Intrepid Spirit Center that serves both the active duty and veteran populations for the mutual benefit and growth in treatment and care. The report should include an analysis of how better to serve servicemembers and veterans with TBI in areas with limited access to TBI care (i.e., rural areas), including the establishment of a joint DOD/VA Intrepid Spirit Center in such an area. The report must include an analysis of existing DOD medical facilities that partner with VA, existing warrior transition units or similar units that support active duty servicemembers who require comprehensive care, and academic institutions specializing in Polytrauma/TBI in geographic locations without an existing National Intrepid Center of Excellence or Intrepid Spirit Center. In addition, the report should propose metrics that demonstrate short-term as well as long-term (i.e., 6 to 24 months) program effectiveness, including sustainability of patient independence by geographic area, a plan to collect longitudinal data to analyze longer-term effects, and the financial requirements to establish and maintain such a Center. Prompt Payment.--The Committees remain committed to supporting VA's efforts to ensure timely reimbursement for non-VA healthcare providers and facilities that provide necessary care for our veterans. The agreement encourages the Department to provide strong oversight and improve timely payment to non-VA providers. The agreement also urges VA to facilitate the completion of all outstanding reimbursements as promptly as possible. Public-Private Partnerships.--The Department's research investment could be expanded to leverage non-Federal initiatives that provide the opportunity for strong co- location of VA and university biomedical scientists for translational investigation, which has high potential for precision medicine outcomes for wounded warriors and other high-risk veteran populations. The agreement notes the high concentration of VA research enterprises on the Nation's two coasts and urges the Under Secretary for Health to expedite consideration of proposals for the Department to lease space from research complexes where there is multi-disciplinary investigation related to veterans and wounded warriors, including medicine, engineering and veterinary science. Such consideration should be timely to inform action in the fiscal year 2021 budget. Medical Center Internet Access.--The Committees believe that having access to WiFi [[Page H11399]] and the internet at VA medical facilities is important, and while many VA facilities provide internet access in certain specific locations, access is not provided to inpatient treatment rooms or waiting areas across the campus. The agreement directs the Department to assess internet coverage for veterans and guests across facilities, and to report on the current status of internet access, the cost estimates for expanding internet coverage to all appropriate locations at VA facilities, and the infrastructure and cyber security requirements to support such expansion. The report must be provided to the Committees on Appropriations of both Houses of Congress within 180 days of enactment of this Act. Veterans Health Administration Staffing Model.--It is critical that VHA develop a staffing model to better understand and more quickly address staffing needs across the organization, particularly in critical need occupations. The agreement directs OIG to review VHA's progress in developing a comprehensive staffing model and timeline for implementation. The agreement further directs OIG to meet with the Committees within 30 days of enactment of this Act to discuss details of the planned study. Emergency Room Claims.--The United States Court of Appeals for Veterans Claims decided in Wolfe v. Wilkie that VA was responsible for reimbursing veterans inappropriately denied payment for emergency care obtained outside of the VA system. The agreement directs the Department to undertake a review of post-April 8, 2016, rejected and denied emergency care claims, and to explore the feasibility of reviewing claims rejected or denied prior to that date. Further, the agreement directs the Department to examine what it can do to mitigate the financial damage done to those veterans whose unpaid emergency care claims were sent to a collection agency and now have damaged credit. Finally, the agreement directs the Department to provide a detailed plan for how it will re- adjudicate inappropriately denied post-April 8, 2016 claims; describe whether and how it will review claims denied or rejected before that date; provide an analysis of how it came to that conclusion; and describe steps it will take to mitigate damage done to veterans' credit within 90 days of enactment of the Act. The Committees expect that the Department will implement measures to avoid similar outcomes in the future. Reporting on VA Healthcare Facilities for Treatment of Women.--The agreement directs the Department to submit a report to the Committees on Appropriations of both Houses of Congress no later than 90 days after enactment of this Act, and annually thereafter, with the following information: the number of facilities in each model of delivery of care to women (by VISN and by State); the criteria used to determine which model is most appropriate for each facility; the triggers or criteria to upgrade facilities to the next higher model; plans, if any, to upgrade facilities from the lowest model (General Primary Care Clinics) to a higher model within planned Strategic Capital Investment Planning (SCIP) investments; and whether VA has a plan or goal for how many facilities should fall into each of the models of care. MEDICAL SERVICES The agreement provides $56,158,015,000 in advance for fiscal year 2021 for Medical Services and makes $1,500,000,000 of the advance available through fiscal year 2022. The agreement includes bill language requiring the Secretary to ensure that sufficient amounts are available for the acquisition of prosthetics designed specifically for female veterans. Of the amounts provided, the agreement provides that at least $585,000,000 shall be dedicated to gender-specific care for women. Caregivers Support The agreement includes $710,000,000 for VA's Caregivers Program, which VA is expected to dedicate to the Caregivers Program and not divert resources to other areas. The Department should note that notification should be provided to the Committees of any attempts to reprogram this funding. Expansion and Support for Caregivers.--The Caregivers Program was enhanced as part of the VA MISSION Act, and the Department is expected to carry out this expansion according to the statutory timeline, and to fully staff the program, including ensuring that the Caregiver Coordinators at each Medical Center are fully resourced and, to the maximum extent possible, assigned designated caregiver duties as their chief and only responsibility. The agreement directs VA to provide quarterly projections and monthly expenditure reports for the Caregivers Program to the Committees on Appropriations of both Houses of Congress. These reports should also highlight any changes to the implementation schedule due to the Department's decision-making delays, as well as the timing of information technology requirements. Additionally, the Committees are concerned by recent actions of the Department to implement policy changes that would limit eligibility of veterans and caregivers or curtail the support services provided to them. Any steps to limit eligibility are rejected by the Congress and the agreement directs the Department to submit a report detailing justification no later than 180 days prior to any changes in eligibility criteria not made as a result of public law. The Committees recognize that many caregivers for severely wounded veterans face a reduction in outside earnings, resulting in difficulties meeting financial obligations, including student loan debt held by the caregiver. The agreement directs the Department to survey all caregivers currently in the program who seek the financial planning services required under the VA MISSION Act, in order to identify the number possessing outstanding student loan debt, and to develop a plan to monitor this issue, including providing counseling related to student loan and other debt management, under such financial planning services to caregivers required by the VA MISSION Act. Mental Health Mental Health and Suicide Prevention.--The agreement provides $9,432,833,000 in discretionary funds for mental health programs, which is $20,000,000 above the budget request, and includes $221,765,000 for suicide prevention outreach. The Secretary is directed to make any necessary improvements to Veterans Crisis Line (VCL) operations including, but not limited to, ensuring appropriate staffing for call centers and back-up centers, providing necessary training for VCL staff, and ensuring that staff are able to appropriately and effectively respond to the needs of veterans needing assistance. The Secretary is also directed to provide the Committees on Appropriations of both Houses of Congress a report, no later than 90 days after enactment of this Act, which contains an update detailing findings on the outcomes and efficacy of the VCL from the Veterans Crisis Line Study Act of 2017. The agreement also maintains the direction provided in House Report 116-63 for VA to implement a safety plan to address parking lot suicides and expand the Coaching Into Care program, remove barriers that impact a veteran's ability to receive mental healthcare, and implement a program to educate local law enforcement on how to deal with veterans during a mental health crisis. This report should also address the status of recommendations from the OIG following investigations of specific suicides on VA campuses. In addition, the agreement directs the Department to provide a report no later than 60 days after enactment, and quarterly thereafter, a detailed expenditure plan for suicide outreach and treatment programs, how VA is meeting the Committees' directives, and updates on obligations to date. Furthermore, the agreement directs the Department to staff every VA Medical Center with at least one suicide prevention coordinator. National Center for Post-Traumatic Stress Disorder.--The agreement supports the mission and work of the National Center for Post-Traumatic Stress Disorder and has provided $40,000,000, which includes $10,000,000 for the coordination of the VA National PTSD Brain Bank, to continue the center's advancement of the clinical care and social welfare of America's veterans, through research, education, and training in the science, diagnosis, and treatment of PTSD and stress- related disorders. PREVENTS Initiative.--The agreement includes $3,000,000 for VA's efforts to coordinate veteran suicide prevention efforts under the Presidential Task Force established under the PREVENTS Initiative, as directed in House Report 116-63. Expansion of Mental Health Benefits to Guard and Reservists.--The agreement acknowledges the importance of providing mental healthcare to all warfighters, which includes Guard and Reservists. The Committees recognize that these individuals may benefit from access to mental health services provided by VA--including suicide prevention services--even if they were not activated under Federal orders. Therefore, the agreement directs the Department to provide a report to the Committees on Appropriations of both Houses of Congress no later than 180 days after enactment of this Act on the feasibility of extending access to these services to all members of the National Guard and Reserves, regardless of their Federal activation status. This report shall include the costs associated with this effort, an estimate of the impact on capacity, as well as any relevant legislative language needed to accomplish this goal. Reduce Suicide, Relapse, and Hospital Visits.--The agreement encourages VA to consider the use of cutting-edge, off-the-shelf technology and pharmacy management protocols as tools to reduce suicide, relapse and hospital visits by veterans treated for mental health issues, including PTSD and TBI. Vets Corps.--The agreement provides up to $2,500,000 to carry out the direction provided in House Report 116-63 regarding Vets Corps. REACH Veteran in Crisis Initiative.--The agreement supports the Recovery Engagement and Coordination for Health--Veterans Enhanced Treatment (REACH VET) program. The Department is encouraged to work in partnership with the Department of Energy's Oak Ridge National Laboratory to update and improve predictive models and expand the use of predictive analytics for decision support and identification of veterans in need and at risk. Prescription Practices.--The June 2019 GAO report, ``VA Mental Health: VHA Improved Certain Prescribing Practices, but Needs to Strengthen Treatment Plan Oversight'' (GAO-19- 465) reviewed how mental health treatment decisions are made by providers in VA Medical Centers and monitored by VHA. The agreement directs the Department to submit a report to the Committees on Appropriations of both Houses of Congress no later [[Page H11400]] than 90 days after enactment of this Act, detailing progress towards implementing the GAO recommendations in this report. Sleep Disorders.--Senate Report 115-269, which accompanied the FY 2019 appropriations, included a recommendation for the Department to assign a program manager for sleep disorders. The Department indicated it would make a determination upon completion of the Healthcare Analytics and Information Group's survey of existing resources and practices. The agreement directs the Department to provide an update on this review and recommendation to the Committees on Appropriations of both Houses of Congress no later than June 30, 2020. Homeless Assistance The agreement provides $1,847,466,000 for homeless assistance programs, which is $28,932,000 above the budget request. This includes $380,000,000 for the Supportive Services for Veteran Families program; $408,300,000 for the Housing and Urban Development-Veterans Affairs Supportive Housing (HUD-VASH) program case management; $250,000,000 for the Grant and Per Diem Program; and $69,107,000 for the Veterans Justice Outreach Program. Homeless Women Veterans.--The Secretary is directed to report to the Committees on Appropriations of both Houses of Congress within 180 days of enactment of this Act on the growing number of women veterans who are homeless or unstably housed and the programs intended to serve them. The report should identify if and how the programs are failing and include a plan to address any deficiencies. Veteran Homeless Report.--The Secretary is directed to prepare a report in consultation with DOD and the U.S. Interagency Council on Homelessness on the progress made to date to ensure servicemembers identified through the Transition Assistance Program process as lacking viable housing options receive appropriate housing-related assistance. The report shall be provided to the Committees on Appropriations of both Houses of Congress within 120 days of enactment of this Act and include: 1) data for fiscal years 2018 and 2019; 2) the number and percentage of transitioning servicemembers who are evaluated as not having a viable post- transition housing plan; 3) and of those, a) the number and percentage who receive a warm handover from DOD to VA; b) the number who received services from appropriate VA homeless program staff; and c) and are identified as experiencing homelessness. Limited Affordable Housing.--The Secretary is directed to provide an update on the effects of limited affordable housing opportunities on the Department's homeless programs in rural communities. The report also should include recommendations on ways the Department and local housing entities can better partner to ensure access to housing for veterans in rural and high-cost urban areas and be provided to the Committees on Appropriations of both Houses of Congress within 180 days of enactment of this Act. Supportive Services for Veteran Families (SSVF).--Although funds were appropriated, the Department's policy decisions led to fluctuations in funding to grantees and possible gaps in services being provided. The agreement provides for at least $380,000,000 in grant awards in fiscal year 2020 and encourages the Department to plan for $400,000,000 in fiscal year 2021 to expand to other locations to address gaps in services, as appropriate. The Secretary is directed to submit a report describing the effectiveness of the SSVF program; results of the gap analysis; and a plan to expand the program, as appropriate, to address service gaps within 90 days of enactment of this Act to the Committees on Appropriations of both Houses of Congress. HUD-VASH.--Due to concerns the Department is not properly staffing its HUD-VASH program to meet the needs of changing homeless populations, the Secretary is directed to submit a report to the Committees on Appropriations of both Houses of Congress within 90 days of enactment of this Act. The report shall include details regarding: 1) the process by which each VA medical center fills their HUD-VASH case management positions; 2) the current ratio of HUD-VASH case managers to veterans for each VA medical center; 3) a list of all vacant specific purpose-funded positions to support the HUD-VASH program; 4) steps taken to recruit and retain case managers for this program; 5) a list of VA Medical Centers where HUD- VASH cases are being contracted out; 6) a list of the current allocations of HUD-VASH vouchers by State; 7) a list of requests for additional HUD-VASH vouchers received by the Department and the outcome of such requests; and 8) efforts currently underway to assist HUD-VASH case management in highly rural areas. Homeless Providers Grants Per Diem (GPD) Program.--The agreement supports the Department's goal of a systemic end to veteran homelessness and agrees that service-intensive transitional housing provided through VA's GPD Program is an important tool in this effort. The agreement provides $250,000,000, an increase of $23,932,000 over the request, for GPD. The most appropriate mix of housing services for veterans should be determined locally through a collaborative process including local housing partners, service providers, and VA medical centers, and VA should continue to make funding available for GPD beds based on this process. The Department is directed to submit a report to the Committees on Appropriations of both Houses of Congress no later than 180 days after enactment of this Act on the contingency/ remediation plans that current providers serving rural or highly rural areas have for veterans that may be affected by changes in availability or the loss of GPD Program funds that would result in the loss of their access to transitional housing assistance. Veterans Justice Outreach (VJO) Program.--The agreement provides $5,000,000 over the budget request to support the VJO Program and its goal to prevent homelessness and avoid the unnecessary criminalization of mental illness and extended incarceration among veterans by ensuring eligible veterans encountered by police, and in jails or courts, have timely access to VA services, including mental health, substance abuse, and homeless programs. Clinical Workforce Healthcare Workforce.--VHA's ability to recruit and retain quality clinical and support staff remains a concern. Accordingly, the agreement directs the Department to comply with GAO's recommendations to improve staffing, recruitment, and retention strategies for clinicians. Mental Health Staffing.--There is a growing need for mental health professionals, and VA should maintain appropriate mental health staffing levels to provide veterans timely, effective, high-quality care. The agreement directs the Department to prioritize the hiring of mental health professionals and to keep the Committees on Appropriations of both Houses of Congress apprised on a quarterly basis on meeting its hiring goals, including actions taken to improve recruitment and retention across the country, and specifically in rural areas. This report should include updates to the ratio of faculty staff to outpatient mental health veterans being treated for mental health needs. Rural Recruitment.--To improve recruitment and retention initiatives for healthcare providers in rural and highly rural areas the agreement urges the Department to conform with the recommendations contained in GAO report, GAO-181-24. The agreement directs the Department to provide a report to the Committees on Appropriations of both Houses of Congress no later than 90 days after enactment of this Act on the status of compliance with these recommendations. Credentialing.--The agreement strongly encourages VA to expand the Military Transition and Training Advancement Course nationally in order to facilitate the recruitment of separating military personnel who served in the healthcare field. The agreement directs VHA to identify remaining barriers to expediting the credentialing process for qualified licensed personnel, and to report on such barriers and limitations to the Committees on Appropriations of both Houses of Congress within 180 days after enactment of this Act. In addition, a recent GAO report found that greater focus on credentialing is needed to prevent disqualified providers from delivering patient care. The agreement urges the Secretary to implement the GAO recommendations to improve Departmental oversight over VHA facility credentialing policies. The agreement directs the Department to provide a progress report on implementation of such recommendations to the Committees on Appropriations of both Houses of Congress within 60 days after enactment of this Act. Orthotics & Prosthetics Workforce.--The sustainability of the orthotics and prosthetics workforce treating veterans, particularly given an aging workforce with imminent retirements as well as a lack of availability of advanced degree programs necessary to train new professionals is a concern. VHA's Orthotic and Prosthetic Residency Program provides rotation opportunities through the VA system, but this program alone is inadequate to ensure a sustainable workforce for the future, especially in light of the skill set necessary to provide the increasingly complex, state-of- the-art orthotics and prosthetics care for Iraq and Afghanistan war veterans. The agreement directs VA to work with outside industry experts to survey and examine the latest data available on the current extent of orthotics and prosthetics care provided outside of VA facilities and provide projections on requirements over the next decade based on overall population growth among veterans with orthotics and prosthetics needs. This information is to be reported to the Committees on Appropriations of both Houses of Congress within 180 days of enactment of this Act. Physician Assistants.--VA has failed to utilize existing authorities to hire and retain Physician Assistants (PAs). As such, the agreement directs VA to accelerate the rollout of competitive pay for PAs, to develop a plan on how to better utilize the Health Professional Scholarship Program and Education Debt Reduction Program, and to develop a staffing plan on how to utilize PAs within the Department. Medical Staff Retention.--The agreement expands upon the Medical Staff Retention reports directed in House Report 116- 63. In addition, the Department is directed to submit a report to the Committees on Appropriations and Veterans' Affairs of both Houses of Congress within 90 days detailing compliance with its policy to (1) conduct reviews of each healthcare provider of the Department who transfers to another medical facility of the Department, resigns, retires, or is terminated to determine whether there are any concerns, complaints, or allegations of violations relating to the medical practice of the [[Page H11401]] healthcare provider; and (2) to take appropriate action with respect to any such concern, complaint, or allegation. The Department previously informed Congress it was implementing an auditing tool to require medical facilities to certify compliance with these policies to their respective VISN leadership. The agreement requests that a summary of this auditing tool also be included in this report. VA/DOD Clinical Practice Guidelines.--The Departments of Veterans Affairs and Defense have created VA/DOD Clinical Practice Guidelines for many conditions that affect both veterans and active duty servicemembers. Currently, VA and DOD do not have guidelines for the comorbidity of trauma (e.g., PTSD, TBI, Military Sexual Trauma) and substance use disorder or chronic pain, despite the fact that many veterans and active duty servicemembers are suffering from multiple conditions. It is crucial that frontline clinicians are informed about the most effective treatments for these conditions when they are co-occurring. The agreement strongly encourages VA and DOD to work together to create Clinical Practice Guidelines for the treatment of trauma, including PTSD, TBI, and Military Sexual Trauma, that is comorbid with substance use disorder or chronic pain. Rural Healthcare Office of Rural Health.--The agreement notes that veterans residing in rural and remote areas face unique barriers to receiving high-quality mental health, primary healthcare, and specialty care services. While enhanced community care programs offer veterans increased flexibility to obtain care close to home, often this same gap in services exists in the private market in rural and remote communities. Over the past 10 years, the Office of Rural Health (ORH) and its Rural Health Initiative has played a critical role in assisting VA in its efforts to increase access to care. Therefore, the agreement provides $300,000,000 for ORH and the Rural Health Initiative. The agreement supports Rural Health Resource Centers, operated by ORH, and encourages the Department to increase the number of these centers. Any expansion should also emphasize increasing access to healthcare for women veterans, treating traumatic brain injuries, and recruiting and retaining healthcare providers to serve rural and remote areas. The agreement also encourages continued operation of a nurse advice line at all VA medical centers, including facilities serving rural areas and highly rural areas, as a way to reach a large percentage of veteran enrollees. The agreement further supports the continuation of the efforts of the Department's Community Clergy Training to Support Rural Veterans Mental Health Initiative. The Department is urged to increase the financial resources made available in order to increase accessibility of this initiative to rural communities. The Department is reminded of the directions regarding rural transportation included in House Report 116-63. Rural Health Continuity of Care.--The Committees note the Access Received Closer to Home (ARCH) pilot program was highly successful in some areas in providing healthcare services to veterans who live in the rural and highly rural States in which it operated, and that veterans who received medical care through the ARCH pilot program were ``completely satisfied'' with their care and cited significantly shortened travel and wait times to receive care. As the Department transitions to a new community care program established by the VA MISSION Act, the agreement encourages the Secretary to sustain continuity of care for rural veterans through provider agreements, based on previous models such as the ARCH program, to ensure veterans do not experience a lapse in existing healthcare access during the transition to the new community care program and any resulting integrated networks. The Committees continue to support enabling the Department to enter into provider agreements with non-VA long-term care providers, including skilled nursing facilities. Home-Based Primary Care.--The agreement supports the collaboration between VA and the Indian Health Service (IHS) and collaboration by Federal agencies with Tribes to expand access to care for Native veterans, including the recent expansion of evidence-based home-based primary care (HBPC) programs at 14 VA medical centers. This expansion is designed to reach new populations of American Indian veterans living in rural reservation communities, which are served by medical facilities operated directly by IHS or by Tribes and Tribal organizations with funding provided by IHS. The agreement urges the Secretary to increase funding within ORH to expand HBPC programs to additional American Indian reservations and to other rural areas, and to continue to improve planning coordination with other Federal healthcare organizations. Planning efforts should take into account conducting a population-based needs assessment and allowing sufficient time to develop trusting relationships with Native veterans, Tribal health and social service personnel, IHS and Tribal community health representatives, and Tribal communities. Planning efforts should also consider availability of IHS and Tribal resources for patients, as well as identify potential opportunities for co-management to prevent unintended duplication of effort, over-prescribing of medications, and other inefficiencies. Gender-Specific Care for Women Gender-Specific Care for Women.--The agreement provides $585,000,000 for gender-specific care for women, which is $38,486,000 over the budget request. The agreement directs VA to continue redesigning its women's healthcare delivery system and facilities to ensure women receive equitable, timely, and high-quality healthcare. The agreement further directs VA to prioritize hiring women primary care providers and psychologists for women clinics, employees for women- specific services, and women peer support specialists. The agreement directs women's health program managers to be full- time jobs and not to be tasked with supplemental responsibilities outside their specified job descriptions. The agreement supports the expansion of the Women's Health Mini-Residency program. Opioid Safety Initiatives and Substance Use Disorder Care To continue to build upon opioid reduction efforts and safety initiatives, the agreement includes $402,000,000 for Opioid Prevention and Treatment programs at VA. This includes $345,946,000 for prevention and treatment programs, and $56,054,000 to continue implementation of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198). Office of Patient Advocacy.--The Committees believe that the Jason Simcakoski Memorial and Promise Act's (Title IX, Public Law 114-198) establishment of the Office of Patient Advocacy will ensure that patient advocates put the interests of the veterans they serve first, not the interests of the facility. Accordingly, within 90 days of enactment, the agreement directs the Department to provide a report to the Committees on Appropriations and Veterans' Affairs of both Houses of Congress on its progress implementing the relevant sections of Public Law 114-198, including progress on all six recommendations from GAO's April 2018 report (GAO-18-356), and the specific training and instructions Patient Advocates are given to escalate a concern outside of a VA facility when they believe a VA facility is not acting in the best interest of the veteran. Improvement of Opioid Safety Initiative.--The Committees support VA's Opioid Safety Initiative (OSI) and encourage continued implementation at all VA medical facilities, as directed under the Jason Simcakoski Memorial and Promise Act. The Committees acknowledge overall improvements in opioid safety at VA and believe that it is imperative that all VA providers who prescribe opioids continue to consistently use the Opioid Therapy Risk Report tool under the OSI. In May 2018, GAO submitted report GAO-18-380 to Congress detailing the Department's progress made towards improving opioid safety, and VA set a target date of April 2019 to satisfy and closeout the five recommendations. The agreement directs the Department to submit a report to the Committees on Appropriations and Veterans' Affairs of both Houses of Congress detailing the actions to address each finding and recommendation made by this report within 90 days of enactment of this Act. Additionally, this should include a report on efforts to ensure that VA medical centers have established an additional control procedure, in accordance with GAO recommendations to improve oversight of the controlled substance inspection program. Furthermore, to ensure that VA physicians have equal opportunity to prescribe effective, lower risk, safer Schedule III (CIII) opioids before prescribing highly potent and addictive Schedule II opioids, the agreement recommends that the Pharmacy Benefits Management Services consider clarifying guidance related to dispensing CIII opioids. Community Care Opioid Safety.--The Committees recognize that VA has made important progress increasing opioid safety and reducing overprescribing within the VA healthcare system. However, the Department still needs to make comparable progress implementing opioid safety reforms in VA community care programs. The July 2017 OIG report (VA OIG 17-01846-316) on opioid prescribing in VA community care programs provides further evidence that veterans receiving opioid therapy from community care providers are at significant risk, due to lack of consistent tracking and limited awareness of VA opioid therapy and safe prescribing protocols. The agreement directs the Department to provide a report to the Committees on Appropriations and Veterans' Affairs of both Houses of Congress on implementation of all OIG recommendations and statutory requirements within the VA MISSION Act within 90 days after enactment of this Act. VA participation in State Prescription Drug Monitoring Programs, as required in the VA Prescription Data Accountability Act of 2017 (Public Law 115-144), is a critical component to an effort to ensure a patient's prescription history is available to all prescribers. No later than February 1, 2021, the agreement directs VA to submit a report to the Committees on Appropriations of both Houses of Congress identifying progress toward full participation in State Prescription Drug Monitoring Programs during calendar year 2020, broken out by VISN and Medical Facility. The agreement also encourages VA, to the maximum extent permitted by law, to share prescription drug information with other Federal medical facilities that may serve veterans, including DOD medical facilities and Indian Health Service facilities. Complementary and Integrative Health.--Expanding access to comprehensive pain management and complementary and integrative [[Page H11402]] health (CIH) services is vital to improving the delivery of high-quality care for veterans. The agreement urges robust implementation of VA's plan to expand the scope of research, education, delivery, and integration of CIH into the healthcare services provided to veterans, and as required under section 932 of the Jason Simcakoski Memorial and Promise Act, VA must continue to prioritize implementation of the pilot program at VA medical centers, including polytrauma rehabilitation centers, to assess the feasibility and advisability of delivery using wellness-based programs to complement pain management and related healthcare services. The Department is encouraged to continue to expand access to CIH services as part of the VA's Whole Health System approach. Substance Use Disorder Care.--The Committees support VA's ongoing efforts to reduce wait times for substance use disorder (SUD) treatment by balancing nationwide care within the Residential Rehabilitation Treatment Programs (RRTP). However, the Committees are aware that the median wait time between screening and admission for non-priority SUD RRTP care remained unacceptably high. The agreement urges the Department to improve efforts to address the uneven and limited distribution of inpatient addiction crisis detoxification beds that employ a medical/psychosocial approach, a supply of Medication Assisted Treatment including availability of appointments for veteran access to buprenorphine, alternative co-adjuvant therapies to reduce anxiety, and mobile tools aimed at concurrent recovery and relapse prevention. The agreement urges the Department to expand existing successful model behavioral-health programs in partnership with community providers in high-demand treatment areas with proven, veteran-specific, evidence- based, one-stop-shop (integrated), SUD treatment that go beyond basic ``shelter care.'' These public-private partnerships should encompass the full continuum of care for veterans suffering from SUD (detoxification/recovery, sober housing), and those at risk of suicide due to SUD. Additionally, the agreement directs the Department to provide a report to the Committees on Appropriations of both Houses of Congress, within 90 days of enactment of this Act, that shall include average wait times for priority, routine and residential SUD care; the results of efforts to balance RRTP availability; projected RRTP wait times for fiscal years 2020 and 2021; and plans to scale successful evidence-based, integrated SUD care model programs. Overmedication of Veterans.--In fiscal year 2018, the Congress provided $500,000 for VA to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (NASEM) to conduct an assessment of the potential overmedication of veterans during fiscal years 2010 to 2017 that led to suicides, deaths, mental disorders, and combat- related traumas. Though the Committees are frustrated that, rather than conducting a study, the Department used the full amount of funding to contract for a study design, NASEM provided a credible study design report entitled, An Approach to Evaluate the Effects of Concomitant Prescribing of Opioids and Benzodiazepines on Veterans Deaths and Suicides. As such, the agreement directs the Department to work in close consultation and coordination with NASEM to implement the study design to evaluate and understand the effects of opioids and benzodiazepine on veteran suicides. The agreement directs the Department to brief the Committees on Appropriations of both Houses of Congress no later than 60 days after enactment of this Act on the proposed study design to be implemented, and to provide periodic updates thereafter. Whole Health Whole Health.--The agreement provides $63,600,000 for the Whole Health initiative, which is $10,000,000 above the budget request. The agreement directs VA to expand its use of interactive patient care and to ensure coordination and standardization of the field implementation of the Whole Health initiative. The agreement provides up to $5,000,000 for creative arts therapies. The agreement further directs the Department to submit complete and detailed accounting of the Whole Health program in the fiscal year 2021 budget request. Alternative Therapies.--The agreement directs VA to study the feasibility and advisability of making yoga, meditation, creative arts therapy, chiropractic care, and acupuncture also accessible as treatment for mental health conditions, including suicide risk, to veterans at all Department facilities, either in person, or through telehealth. Other Items of Interest Central Alabama Veterans Health Care System (CAVHCS).--The Department is directed to address the deficiencies at CAVHCS, as identified in House Report 116-63. Pressure Ulcer Prevention and Transparency.--Although the Department issued a policy directive on the prevention and management of pressure injuries, and is exploring non- invasive innovative biometric sensor technologies that have produced promising results in the early detection of pressure ulcers, more can be done. The agreement directs the Department to address pressure ulcer prevention and transparency, as identified in House Report 116-63, though the agreement does not specify funds for the pilot. The agreement directs the Under Secretary for Health to complete the directed assessment within 120 days of enactment of this Act. In addition, the agreement encourages the Department to consider incorporating into its directive the steps included in the peer-reviewed Standardized Pressure Injury Prevention Protocols. Access for Veterans in the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and Freely Associated States.--The Committees remain concerned about the challenges for veterans residing in the Freely Associated States (FAS) to access the quality healthcare they have earned through their military service. Given the significant time, resources, and high costs for travel for some veterans, including airfare, transportation, and lodging, many FAS veterans are never able to access VA health services. The agreement urges the Department to enhance access to care for these veterans. The Committees are seeking to understand potential obstacles in data collection to account for the number of veterans residing in the FAS, and how VA can improve data collection from the outlying areas to help inform the development of proposals to ensure that health needs of these veterans are met. The agreement directs the Department to conduct a survey related to barriers veterans may face in utilizing VA services and other benefits when living in outlying and remote areas, and to provide a report to the Committees on Appropriations of both Houses of Congress on the findings of this survey, an assessment of options for improving access to VA healthcare for FAS veterans, as well as the outreach efforts taken to inform FAS and remotely located veterans about enrollment in the Foreign Medical Program. This report is directed to be provided within 270 days of enactment of this Act. Furthermore, the agreement directs the Department to increase access to VA care for veterans living in remote and underserved areas of the FAS by increasing the number of full-time, dedicated, VA medical and mental health providers in these areas, as well as to work with Federal and non- Federal partners, including the Departments of Defense, Interior, and Health and Human Services, community healthcare facilities and educational institutions to leverage shared resources and improve access for delivery of care through technology and collaboration. Artificial Intelligence and Machine Learning.--The Department is reminded of the report requested in House Report 116-63. Orthotics and Prosthetics.--The Department is expected to ensure veterans continue to receive the prosthetics services that best meet their needs in the final Orthotics and Prosthetics regulation. Veterans Exposed to Open Burn Pits and Airborne Hazards.-- In order to provide full and effective medical care, it is essential for the Department to better understand the impacts that exposure during service has had on the health of veterans. Therefore, the agreement supports language included in House Report 116-63, including $5,000,000 to carry out responsibilities and activities of the Airborne Hazards and Burn Pits Center of Excellence. Community Wellness Programs.--VA has not yet implemented the VSO Wellness pilot program, authorized in Section 252 of the Consolidated Appropriations Act, 2018 (Public Law 115- 141). It is concerning that the Department is still in the process of establishing this program and may not be prepared to launch until fiscal year 2021. The agreement directs the Department to expeditiously implement the program, and further directs the Department to provide quarterly status updates to the Committees on Appropriations of both Houses of Congress. Intimate Partner Violence Program.--The agreement supports VA's efforts to expand its Intimate Partner Violence Program to all sites within the next 2 years, and its plans to screen all veterans for Intimate Partner Violence and provide the appropriate resources. The agreement directs VA to fully resource this program at $20,300,000, as requested, in fiscal year 2020 and include it as a program of interest with budget detail in the justifications accompanying the fiscal year 2021 budget submission. Adaptive Sports.--The agreement includes $24,309,000 for National Veterans Sports Programs, including $16,000,000 for adaptive sports programs. Veterans have shown marked improvements in mental and physical health from participating in adaptive sports and recreational therapy and veterans have expressed the need for these activities to be included in the healthcare services VA offers. The Committees also recognize that adaptive sports and recreational therapy provide a low- cost alternative to other healthcare services that produce similar health outcomes. The Department is directed to make recreational and lifelong sports, such as open-ocean swimming, surfing, outrigger canoeing, hunting, and fishing eligible for grants. Equine Therapy.--The agreement recommends the Department use $1,500,000 of funds for the adaptive sports program for equine therapy. Moreover, the Department should utilize funding to conduct a comprehensive program evaluation to ensure the continued effectiveness of equine therapy in addressing the mental health needs of veterans that participate in these programs, including through the systematic assessment and tracking of mental health issues and symptoms, and the measurement of key outcomes, such as functional improvement in veterans' different life domains. Beneficiary Travel.--The allocation of beneficiary travel to VISNs where unconventional modes of travel, such as air, are the primary means for veterans to visit a VA [[Page H11403]] hospital remains a concern. Beneficiary travel is often expected to be paid out of pocket by the veteran, and then reimbursed by the Department at some later date, even for those veterans whose care is determined to be necessary by VA. This is an above average burden for veterans who live in rural and highly remote areas where veterans travel long distances to appointments using atypical means of transportation, such as by air, and must pay to stay overnight in area hotels. The agreement urges the Department to staff each facility with at least one full-time employee to manage beneficiary travel, in order to speed reimbursements to veterans, and also to identify ways in which VA might be able to cover more of these veterans' costs up front. DOD and VA Prescription Purchasing.--The agreement encourages VA to work with DOD on the feasibility of aligning their structures, statutory parameters, and regulatory guidance in order to increase buying power and reduce the cost of the prescription buying program, and to report findings to the Committees on Appropriations of both Houses of Congress. Canadian Forces Base Gagetown.--Many National Guard veterans engaged in training activities at Canadian Forces Base (CFB) Gagetown in the 1950s and 1960s. The Committees are also aware that Veterans Affairs Canada approved one- time, lump sum payments to eligible veterans exposed to Agent Orange and other defoliants who served at CFB Gagetown; and that veterans who served there between June 20 and June 24, 1964, are currently eligible for an Agent Orange Registry Health Exam from the Veterans Health Administration. The agreement urges the Department to establish and maintain a health registry for American veterans who were stationed or underwent training at CFB Gagetown and who have subsequently experienced health problems which may be attributed to Agent Orange or other defoliants. The agreement further urges the Department to commission an independent study tasked with investigating the linkage between service at CFB Gagetown and the development of health problems and disease associated with exposure to Agent Orange. Emergency Ambulance Reimbursement.--VA has made efforts to improve claims reimbursement processes for emergency ambulance service providers, however, continued problems with emergency ambulance transportation services result in lengthy claims payment delays or unwarranted financial burdens on veterans. The agreement urges the Department to take any necessary actions to process such claims using the ``prudent layperson'' standard for claims of emergency ambulance transportation of veterans to non-VA facilities. The agreement further directs the Department to provide a brief to the Committees on Appropriations of both Houses of Congress no later than 90 days after enactment of this Act to update the Committees on the Department's efforts to streamline reimbursement of claims by emergency ambulance service providers. This brief should include an assessment by VA of the impacts of permitting conditional payments to ambulance service providers while seeking reimbursement from third-party payers where such payers have not made payment within 120 days of the date on which emergency ambulance services are provided, similar to Medicare program practices. Pilot Programs for Agritherapy.--The agreement provides $5,000,000 to continue a pilot program to train veterans in agricultural vocations, while also tending to behavioral and mental health needs with behavioral healthcare services and treatments by licensed providers at no fewer than three locations. Lovell Federal Health Care Center.--The Captain James A. Lovell Federal Health Care Center Demonstration Project, established in 2010 under the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84), is an innovative collaboration between VA and DOD. The Lovell Federal Health Care Center has significant potential to improve access, quality, and cost-effectiveness of healthcare delivery to veterans, servicemembers, and their families; and already serves as a valuable site demonstrating comprehensive cooperation and interoperability between VA and DOD. The important work of this integration effort must continue as the two Departments continue to roll out their respective electronic health record programs. Alaska Federal Health Care Partnerships.--The Alaska VA Healthcare System leadership is investigating whether a partnership with DOD, the Coast Guard, and Tribal healthcare delivery could improve access and quality of care to all Federal healthcare beneficiaries in Alaska with substantial cost savings. The agreement encourages VA to consult with its Federal and Tribal counterparts, and with other stakeholders, including VA employee groups and community providers, with respect to the benefits which might accrue from adoption of this model, and to report periodically to the Committees on Appropriations of both Houses of Congress on the progress of these discussions. Support for Vet Centers in Rural Communities.--Vet Centers across the country provide a broad range of counseling, outreach, and referral services to eligible veterans, active duty servicemembers, and their families, to include individuals with problematic discharges. The Committees believe Vet Centers are critical in rural communities, and the agreement encourages the Department to fully staff these resources. Readjustment Counseling.--The Department's Vet Centers and Mobile Vet Centers provide important readjustment counseling services. The Department also partners with organizations that provide outdoor experiences for veterans as part of a continuum of care to support veterans in developing a community of support to treat combat-related injuries, including those related to behavioral health. The agreement directs the Department to submit a report to the Committees on Appropriations of both Houses of Congress no later than 120 days after enactment of this Act to highlight best practices of Vet Centers, including partnerships to provide outdoor experiences, and to include a plan to disseminate the findings, as well as incorporate into criteria for additional sites. The report should address whether successful programs should be replicated in other areas. Telehealth Services.--The agreement includes an additional $30,000,000 to increase telehealth capacity in rural and highly rural areas. The agreement directs VA to develop a plan to improve veteran and provider satisfaction, increase awareness of the telehealth program, and enhance adoption of telehealth by veterans and providers. The Department's plan should include actions that will be taken to make telehealth more accessible to patients in highly rural areas and be provided to the Committees on Appropriations of both Houses of Congress no later than 180 days after enactment of this Act. Call Routing.--The Committees are still receiving reports that veterans calling their community-based outpatient clinics (CBOC) to make an appointment are sometimes automatically routed to central call centers at VA medical centers with no follow-up by the local CBOCs after the initial call. The fiscal year 2019 Conference Report included a reporting requirement for VA to explain its guidance on call routing of the scheduling of appointments. The report that was submitted to the Committees failed to explain VA guidance and was rather useless for addressing this issue. Therefore, the agreement directs VA to provide a report that explains the Department's guidance on call routing of the scheduling of appointments. The agreement further directs VA to provide the Committees with an update on its call modernization efforts referenced in the March 20, 2019, Congressional Tracking Report on Call Routing. This report shall be submitted to the Committees on Appropriations of both Houses of Congress no later than 90 days after enactment of this Act. Long-Term Care Long-Term Care.--The agreement provides $9,781,721,000, as requested by the Department for long-term care. This includes $6,471,460,000 for institutional care and $3,310,261,000 for non-institutional care. The Committees are aware of the aging veteran population and support long-term care that focuses on facilitating veteran independence, enhancing quality of life, and supporting the family members of veterans. As such, the agreement supports the Department's efforts to broaden veterans' options regarding non-institutional long-term care support and services, and to accommodate veterans' preferences in receiving home-based services, as well as community-based care, residential settings, nursing homes, and other services. The Committees acknowledge that the veteran population faces unique health risks and that each veteran requires an individualized approach to care, and VA is encouraged to continue cooperation with community, State, and Federal partners to expand and grow these programs. Hospice Care.--As Vietnam-era veterans age, many of them are facing unique end-of-life challenges related to their combat experience that standard hospice care and palliative services are not fully equipped to address. Public Law 115- 244 urged VA to undertake a pilot program to develop techniques, best practices, and support mechanisms to improve end-of-life care for combat veterans and Vietnam-era veterans. Due to the lack of meaningful advancement toward addressing the unique needs of Vietnam veterans, the agreement directs VA to carry out this pilot program and to engage non-profit hospice and palliative care providers with Vietnam veteran-centric programs in implementing the pilot program. The Committees are aware that organizations such as the non-profit, National Partnership for Hospice Innovation, are developing programs designed to meet the specific end-of- life care needs for Vietnam-era veterans and strongly reiterates that such an approach could be beneficial to Iraq, Afghanistan, and Syria combat veterans in the future. The agreement directs the Department to submit a report on this effort to the Committees on Appropriations of both Houses of Congress no later than 90 days after enactment of this Act. Domiciliary Care Claims for Veterans with Early-Stage Dementia.--Changes in VA's processing and treatment of domiciliary care claims has led to some veterans with early- stage dementia who were earlier ruled eligible for VA domiciliary care to now be deemed ineligible. The Department has taken efforts to provide limited equitable relief for current veteran patients previously deemed eligible for domiciliary care. VA is directed to provide a report to the Committees on Appropriations of both Houses of Congress no later than 90 days after enactment of this Act on the Department's plan to address care for all impacted veterans with early-stage dementia. MEDICAL COMMUNITY CARE The agreement provides $17,131,179,000 in advance fiscal year 2021 funding for Medical [[Page H11404]] Community Care, with $2,000,000,000 available until September 30, 2022. The agreement provides an additional $4,521,400,000 above the fiscal year 2020 advance appropriation for the Medical Community Care account, of which $615,000,000 shall be from unobligated balances from the Veterans Choice Fund. MEDICAL SUPPORT AND COMPLIANCE The agreement provides $7,914,191,000 in advance for fiscal year 2021 for Medical Support and Compliance and makes $150,000,000 of the advance funding available through fiscal year 2022. The agreement provides an additional $98,800,000 above the fiscal year 2020 advance appropriation for the Medical Support and Compliance account. MEDICAL FACILITIES The agreement provides $6,433,265,000 in advance for fiscal year 2021 for Medical Facilities. Of the advance funding, $250,000,000 is made available through fiscal year 2022. The agreement provides $10,000,000 for women's health and mental health non-recurring maintenance (NRM) projects. Within the mental health NRM projects, the agreement directs VA to prioritize construction to increase the number of beds available for overnight mental health treatment for veterans. The agreement further directs the Department to submit an expenditure plan detailing the planned use of funds, and to report on specific measures it takes to track and prioritize the physical and cultural transformation within VA facilities to better serve women veterans. Community-Based Outpatient Clinic in Bakersfield, California.--The latest delay in building a clinic in Bakersfield, resulting from the cancellation of Lease No. 36C10F18L3394 due to errors made by the Department, is extremely concerning. On November 20, 2019, the Secretary provided a revised timeline to build the new clinic, but future protests may result in additional delays. The agreement directs the Secretary to expeditiously execute the proposed timeline, including beginning site work as soon as possible in 2020 and to provide monthly reports to the Committees on Appropriations of both Houses of Congress detailing the Department's assessment on maintaining the timeline provided on November 20th, until the new clinic in Bakersfield is activated. Use of Smart Technologies.--The Department is encouraged to work with industry leaders on the use of smart technologies to improve VA facilities. War Related Illness and Injury Study Centers (WRIISC).--In lieu of the direction provided in House Report 116-63, the Committees direct VA to conduct a feasibility study to establish a WRIISC focused on gender-based differences in the development, diagnosis, and treatment of exposure-related diseases. VHA Infrastructure Planning and Facility Assessments.--As VA implements the VA MISSION Act and begins to make decisions related to community capacity and the appropriate size of VA's footprint, the agreement maintains that strong VHA facilities are critical to a high-performing integrated health network for veterans. Unfortunately, despite significant investments from Congress in recent years to address major and minor construction and non-recurring maintenance, the Department's execution of these funds to upgrade or expand treatment facilities for veterans has not moved as quickly as intended. The agreement urges VA to look for ways to be timelier in its execution of dollars and more flexible in efforts to meet the evolving healthcare needs of veterans. The agreement directs the Department to provide to the Committees on Appropriations of both Houses of Congress a report on the biggest impediments to executing construction and leasing projects in a more efficient and effective manner within 90 days of enactment of this Act. The report should also include an update on the market assessment being conducted pursuant to the VA MISSION Act. Energy Savings.--The agreement encourages VA to use energy- related Energy Savings Performance Contracting and Utility Energy Service Contracting in concert with appropriated funds to leverage more investment from the private sector for any VA renovation project for which energy systems are involved. Rate of Return on Alternative Energy Investments.--The Committees are concerned about VA's procurement of alternative energy and the potential for the technology to be obsolete before full return on investment is achieved. Therefore, the agreement encourages the Secretary to assure that any new alternative energy project has a return on investment less than or equal to 10 years. MEDICAL AND PROSTHETIC RESEARCH The agreement provides $800,000,000 for Medical and Prosthetic Research, available until September 30, 2021. Bill language is included to ensure that the Secretary allocates adequate funding for prosthetic research specifically for female veterans and for toxic exposures. The Committees remain highly supportive of this program and recognize its importance both in improving healthcare services to veterans and recruiting and retaining high quality medical professionals in the Veterans Health Administration. The agreement encourages VA to continue its research into developing novel approaches to restoring veterans with amputation, central nervous system injuries, loss of sight or hearing, or other physical and cognitive impairments to full and productive lives. Neural-Enabled Prosthetics.--The Committees understand the uniqueness of limb trauma injuries sustained by servicemembers in combat and support additional research in this area. In lieu of the directive in House Report 116-63, the agreement directs VA to continue its efforts to fund and conduct research that will design and develop technology to offset the effects of limb amputation, orthopedic injury and disease, neuropathic pain, and other neurodegenerative diseases by partnering with colleges and universities that specialize in these fields and provide a report on the opportunities to expand this field of inquiry within 180 days of enactment of this Act. Cancer Moonshot.--The agreement supports the Department's efforts to utilize advances in genomic science to provide targeted treatment to veterans. The Department has identified prostate cancer, triple-negative breast cancer, and colorectal cancer as areas of priority. Due to the prevalence of various skin cancers among servicemembers, the agreement directs that skin cancer be included as well. Enewetak Atoll Registry Research.--Thousands of veterans served on the Enewetak Atoll to clean up the island following its use for nuclear weapons testing. There are many instances of veterans who conducted the cleanup suffering serious health problems, such as brittle bones, cancers, and birth defects in their children. The agreement urges the Department to study whether there is a connection between certain illnesses and the potential exposure of individuals to radiation related to service at Enewetak Atoll between January 1, 1977, and December 31, 1980. Rare Cancer Research.--The agreement encourages the Department to support research to evaluate the health status of servicemembers from their time of deployment to Iraq and Afghanistan over many years to determine their incidence of chronic diseases including cancers that tend not to show up for decades. Furthermore, the Department is encouraged to establish a collaboration with the Department of Defense to examine the impact of rare cancers on those who serve and fund research in delivering treatments for rare cancers that take a platform-agnostic approach to developing new therapeutics. Gulf War Illness Studies.--The agreement recommends that the Department continue to conduct epidemiological studies regarding the prevalence of Gulf War illness, morbidity, and mortality in Persian Gulf War veterans and the development of effective treatments, preventions, and cures. The agreement urges the Department to publish disease-specific mortality data related specifically to Persian Gulf War veterans and encourages the Department to utilize the term, ``Gulf War illness''. The agreement urges the Secretary to consider revising and updating the Clinical Practice Guideline for Chronic Multi-symptom Illness consistent with the July 2011 Veterans Health Initiative, ``Caring for Gulf War Veterans,'' and to focus on recent Gulf War illness treatment research findings and ongoing Gulf War illness treatment research direction. Furthermore, the agreement encourages VA to strengthen the training of primary, specialty, and mental healthcare providers on Gulf War illness. VA/Department of Energy Computing Collaboration.--The agreement supports ongoing research between VA and the Department of Energy's National Laboratories. Suicide Prevention.--VA is strongly encouraged to work with DOD's Military Health System to place high priority on the deployment of novel and innovative technologies to prevent suicides and report in the fiscal year 2021 budget request on outcomes of the effort. Longitudinal Study of Diagnostic Tools or Biomarkers for Brain Conditions.--The agreement encourages the Department to devise a longitudinal study to identify and validate two non- survey diagnostic tools or biomarkers for brain health conditions including TBI and PTSD for clinical use at VA medical facilities by 2023, in coordination with the National Research Action Plan. Additionally, the agreement encourages VA to consider the full range of brain health conditions, and to seek the consultation of non-profit and non-governmental research organizations currently engaged in research for servicemember and veteran brain health conditions for research collaboration, identification, and validation. Reports on research shall be made publicly available and submitted to the Committees on Appropriations of both Houses of Congress no later than 60 days after completion. Rapid Cerebral Therapeutic Hypothermia.--The agreement encourages the Department to determine whether VA clinicians and physicians have the necessary equipment to rapidly administer cerebral therapeutic hypothermia. National Cemetery Administration The agreement provides $329,000,000 for the National Cemetery Administration (NCA). Of the amount provided, not to exceed 10 percent is available until September 30, 2021. Committal Service Shelters.--The agreement directs the Department to review the feasibility and appropriateness of expanding committal shelters at State veteran cemeteries to be able to accommodate at least 60 people in comfort with a platform and sound system for conducting services, private bathrooms, and temperature control. The agreement further directs the Department to provide a report to the Committees on Appropriations of [[Page H11405]] both Houses of Congress on the findings of this review, including the cost associated with making these changes, within 180 days of enactment of this Act. National Memorial Cemetery of the Pacific.--Currently, the Pacific Region of the National Cemetery Administration performs more annual interments than any other region, but has the fewest number of national cemeteries. In order to provide appropriate burial space to veterans in the Pacific, the agreement directs the Department to conduct a feasibility review for the creation of a new national cemetery in the Pacific region, and to report the findings to the Committees on Appropriations of both Houses of Congress no later than 180 days after enactment of this Act. Departmental Administration GENERAL ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) The agreement provides $355,911,000 for General Administration. Of the amount provided, not to exceed 10 percent is available for obligation until September 30, 2021. The agreement continues to include bill language permitting the transfer of funds from this account to General Operating Expenses, Veterans Benefits Administration. Pro-Bono Legal Services.--The Committees support the Department's work with law schools to assist veterans, which helps both the students and veterans. Lobbying Congress.--The agreement reminds the Department that lobbying Congress in support of legislation imagined by VA, and not at the request for technical assistance from Congress, is not an appropriate use of taxpayer resources. Further, the agreement directs the Department to make all central-office based employees of the Office of Public Affairs receive training on the Hatch Act and its application to ensure official Department resources are being used in a nonpartisan manner. The agreement provides funding for General Administration in the amounts specified below: ------------------------------------------------------------------------ ($ in Office thousands of dollars) ------------------------------------------------------------------------ Office of the Secretary................................. $14,715 Office of General Counsel............................... 112,209 Office of Management.................................... 63,992 Office of Human Resources............................... 69,813 Office of Enterprise Integration........................ 28,416 Office of Operations, Security and Preparedness......... 26,037 Office of Public and Intergovernmental Affairs.......... 12,663 Office of Congressional and Legislative Affairs......... 5,900 Office of Acquisition, Logistics, and Construction...... 0 Veterans Experience Office.............................. 0 Office of Accountability and Whistleblower Protection... 22,166 --------------- Total, General Administration....................... 355,911 ------------------------------------------------------------------------ The Secretary may alter these allocations if the Committees have been notified and written approval is provided. Veterans Experience Office.--The agreement provides that the Office continue to be funded through reimbursable agreements. BOARD OF VETERANS APPEALS The agreement provides $182,000,000 for the Board of Veterans Appeals, of which not to exceed 10 percent shall remain available until September 30, 2021. Appeals Process.--The agreement directs the Board to develop a plan to address the backlog of hearing requests, which includes expanded remote access for rural veterans, and to identify any necessary information technology solutions. The agreement directs the Board to provide this plan to the Committees on Appropriations of both Houses of Congress no later than 180 days after enactment of this Act. INFORMATION TECHNOLOGY SYSTEMS (INCLUDING TRANSFER OF FUNDS) The agreement provides $4,371,615,000 for the Information Technology Systems account. This amount includes funding for systems supporting implementation of the Blue Water Navy Vietnam Veterans Act and other anticipated needs. The agreement includes $1,204,238,000 for staff salaries and expenses, $2,739,597,000 for operation and maintenance of existing programs, and $427,780,000 for program development. The agreement makes not to exceed 3 percent of pay and associated costs funding available until the end of fiscal year 2021; not to exceed 5 percent of operations and maintenance funding available until the end of fiscal year 2021 and all IT systems development funding available until the end of fiscal year 2021. The agreement continues language permitting funding to be transferred among the three IT subaccounts, subject to approval from the Committees. The agreement continues language providing that funding may be transferred among development projects or to new projects subject to the Committees' approval. The agreement continues language indicating that no development project may be increased or decreased by more than $1,000,000 prior to receiving approval of the Committees or a period of 30 days has elapsed. VA is dealing with an aging IT infrastructure and antiquated systems that have contributed to issues affecting veterans, their families, and third parties with whom VA has agreements. Additionally, the Department continues to identify significant IT costs to support new and critical initiatives, and to comply with requirements that have been passed into law. The agreement provides an increase above the President's request for IT and therefore assumes that the Department will, within the allocation, be able to secure an appropriate IT system for the Office of Accountability and Whistleblower Protection to facilitate tracking and reporting on data as required by law, and be able to certify the system necessary to expand the Caregivers Program. Due to the number of outdated legacy systems, the agreement encourages the Department to consider decommissioning systems that are no longer in use and requires the Department to provide notification to the Committees on Appropriations of both Houses of Congress when such action is taken. The agreement directs the Department to include in future budget submissions an Information Technology Decommissioning Report that outlines what legacy systems will be decommissioned during the fiscal year. Website Accessibility.--The agreement encourages the Department to review its information technology systems to ensure compliance with the law (29 U.S.C. 794), encompassing the Department's websites, including files attached to those websites, web-based applications and kiosks at medical facilities. No later than 180 days after enactment of this Act, the agreement directs the Department to report to the Committees on Appropriations of both Houses of Congress on the findings of the review, as well as a plan to become compliant with 29 U.S.C. 794. This table is intended to serve as the Department's approved list of development projects; any requested changes are subject to reprogramming requirements. INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS [$ in thousands] ------------------------------------------------------------------------ Amount ------------------------------------------------------------------------ 1 Clinical Applications: A My HealtheVet.................................... $10,580 B Healthcare Administration Systems................ 9,559 C Health Data Interoperability..................... 8,901 D Registries....................................... 3,870 Subtotal, Clinical Applications................. 32,910 2 Health Management Platform: A Community Care................................... 42,868 B Patient Record System............................ 9,789 C Digital Health Platform.......................... 9,620 D Purchased Care................................... 7,060 E Telehealth....................................... 5,830 F Pharmacy......................................... 5,523 Subtotal, Health Management Platform............ 80,690 3 Benefits Systems: A Veterans Customer Experience..................... 62,569 B Benefits Systems................................. 41,933 C Education Benefits............................... 17,070 D Veterans Benefits Management..................... 33,417 E C&P Claims....................................... 4,267 F Benefits Appeals................................. 4,067 Subtotal Benefits Systems....................... 163,323 4 Memorial Affairs: A Memorials Automation............................. 13,877 Subtotal, Memorial Affairs...................... 13,877 5 Other IT Systems A Financial and Acquisition Management 57,695 Modernization...................................... B Supply Chain Management.......................... 36,785 C Innovations...................................... 6,000 Subtotal, Other IT Systems...................... 100,480 6 Cyber Security: A Cyber Security................................... 16,600 Subtotal, Cyber Security........................ 16,600 7 Information/Infrastructure Management: A Data Integration and Management.................. 19,900 Subtotal, Information/Infrastructure Management. 19,900 --------------- Total IT Development........................ 427,780 ------------------------------------------------------------------------ VETERANS ELECTRONIC HEALTH RECORD The agreement provides $1,500,000,000 for Veterans Electronic Health Record for activities related to the development and rollout of VA's Electronic Health Record Modernization (EHRM) initiative, the associated contractual costs, and the salaries and expenses of employees hired under titles 5 and 38, United States Code. EHRM Initiative.--The agreement includes a substantial increase of $393,000,000 for the EHRM initiative to provide benefits to veterans and better management tools for the Department. While the Committees remain supportive of the EHRM initiative, as with any acquisition of this size and magnitude, there are implementation concerns, including maintaining budget, scope, implementation and deployment schedules, security, reporting, and interoperability. As such, the agreement directs the Secretary to continue to provide quarterly reporting of obligations, expenditures, and deployment implementation by facility. Moreover, the agreement directs the Department to continue quarterly briefings on performance milestones, costs, and changes to implementation and management plans. The bill maintains a provision that prohibits obligation of funds inconsistent with deployment schedules provided to the Committees on Appropriations. Henceforth, the Secretary is directed to provide an accurate, up-to-date deployment schedule at each quarterly briefing. The Secretary is not provided transfer authority, as requested, and is directed to continue using this account as the sole source of funding within the Department for EHRM. Further, the agreement continues to direct the Secretary to manage EHRM at the headquarters level in the Office of the Deputy Secretary. [[Page H11406]] Government Accountability Office (GAO) Review.--The agreement continues the fiscal year 2019 directive to GAO to conduct quarterly performance reviews of EHRM deployment and to report to the Committees on Appropriations each quarter. VA/DOD Interoperability.--The need for a fully functional, adaptable and interoperable electronic health record system cannot be understated, especially as VA shifts its model of care to include the expanded use of community providers. However, the Department and DOD do not appear to be placing sufficient priority and urgency on this matter. As such, VA and DOD are directed to expeditiously utilize the joint Federal Electronic Health Record Modernization Program Office to establish clear and agreed-upon metrics and goals for interoperability, as well as timeframes for meeting these goals. The Federal Electronic Health Record Modernization Program Office is directed to incorporate metrics, goals, and timeframes in the joint office's charter and to provide the charter to the Committees on Appropriations of both Houses of Congress within 30 days of enactment of this Act. The Secretary is directed to provide updates from the joint office, including any plans to alter its charter or processes, in the quarterly reports and briefings provided to the Committees on Appropriations. OFFICE OF INSPECTOR GENERAL The agreement provides $210,000,000 for the Office of Inspector General, which is $3,000,000 above the request. Of the amount provided, not to exceed 10 percent is available for obligation until September 30, 2021. The additional funds are provided to ensure robust oversight regarding implementation of the VA MISSION Act and the Electronic Health Record Modernization initiative. The Inspector General is strongly encouraged to undertake and complete investigations in a timely manner and share information with the Department, the Department of Justice, and other entities as appropriate. Washington DC Veterans Affairs Medical Center.--The agreement urges the Inspector General to dedicate all necessary resources to provide rigorous oversight of the Washington DC Veterans Affairs Medical Center, a facility that has been plagued with management problems. CONSTRUCTION, MAJOR PROJECTS The agreement provides $1,235,200,000 for Construction, Major Projects. The agreement makes this funding available for five years, except that $198,600,000 is made available until expended, of which $35,000,000 shall be available for seismic improvement projects. Challenges in Executing Construction Projects.--The Committees are concerned by VA's inability to execute appropriated construction dollars in a timely manner. Based on its annual Strategic Capital Investment Planning process, VA's capital needs over the next 10 years may require resources up to $72,000,000,000 to address. However, VA has been challenged to execute even a small fraction of that amount in a given fiscal year. Therefore, the agreement directs VA to provide within 240 days of enactment of this Act a written report outlining VA's short- and long-term plans to expand and strengthen its internal and contract capacity to execute its construction budget across major, minor, non-recurring maintenance, and leasing projects efficiently and effectively. This report should provide a holistic, VA-wide strategic plan incorporating the needs of VHA, the Office of Acquisition, Logistics & Construction, the Office of Management, and other relevant VA administrations/ offices, to address the issue, including long-term staffing needs, the cost of any temporary spaces, any legislative and organizational changes, and requirements to improve and streamline. The report should also look at the accuracy of cost estimates used for planning construction and leasing projects, the impact of underestimating costs on project timeframes, and any actions that can be taken to improve the accuracy of estimates of future projects to ensure timely execution. Communities Helping Invest through Property and Improvements Needed for Veterans Pilot.--The agreement encourages the Department to utilize the authority granted by the Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 (Public Law 114- 294) to fulfill the Congressional intent and initiate additional projects. Additionally, the Committees believe that the Department should prioritize projects that result in a public-private partnership between VA and a non-Federal entity. In doing so, the agreement strongly encourages the Department to look at projects that would avoid VA duplicating services, and rather address gaps in necessary services for veterans. The agreement funds the following items as requested in the budget submission: CONSTRUCTION, MAJOR PROJECTS [$ in thousands] ------------------------------------------------------------------------ Location Description Amount ------------------------------------------------------------------------ Veterans Health Administration (VHA): New York, NY...................... Manhattan VAMC Flood $150,000 Recovery. Bay Pines, FL..................... Inpatient/Outpatient 30,000 Improvements. San Juan, PR...................... Seismic Corrections-- 30,000 Building #1. San Diego, CA..................... SCI & Seismic 20,000 Corrections. Reno, NV.......................... Correct Seismic 10,000 Deficiencies & Expand Clinical Services Building. Louisville, KY.................... New Medical Facility 410,000 West Los Angeles, CA.............. Build New Critical 25,000 Care Center. Alameda, CA....................... Outpatient Clinic & 26,000 National Cemetery. Advance Planning and Design Fund.. Various Stations.... 72,000 Asbestos.......................... Various Stations.... 12,000 Construction and Facilities Various Stations.... 88,700 Management Staff. Judgment Fund..................... Various Stations.... 25,000 Non-Dept. Fed. Entity Project Various Stations.... 120,000 Management Support. Seismic Corrections............... Various Stations.... 35,000 Subotal, VHA.................. .................... 1,053,700 National Cemetery Administration (NCA): Bayamon, PR....................... Replacement Cemetery 10,000 (Morovis). Riverside, CA..................... Gravesite Expansion 3,000 & Cemetery Improvements. Elmira, NY........................ Western New York 10,000 Cemetery. Houston, TX....................... Gravesite Expansion. 34,000 Bourne, MA........................ Massachusetts Phase 32,000 4 Expansion. Dallas, TX........................ Dallas National 28,000 Cemetery Expansion. Advance Planning and Design Fund.. .................... 35,000 NCA Land Acquisition.............. .................... 20,000 Subtotal, NCA................. .................... 172,000 General Admin..................... Staff Offices 9,500 Advance Planning Fund. ------------------------------------- Major Construction, Total..... .................... 1,235,200 ------------------------------------------------------------------------ CONSTRUCTION, MINOR PROJECTS The agreement provides $398,800,000 for Construction, Minor Projects. The agreement makes this funding available for five years. The agreement encourages the Department to prioritize construction for expanding gender-specific care for women and mental health programs. The Department is directed to provide an expenditure plan to the Committees on Appropriations of both Houses of Congress no later than 30 days after enactment of this Act for the amount appropriated for minor construction. GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES The agreement provides $90,000,000 for Grants for Construction of State Extended Care Facilities, to remain available until expended. GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES The agreement provides $45,000,000 for Grants for Construction of Veterans Cemeteries, to remain available until expended. Administrative Provisions (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) The agreement includes section 201 allowing for the transfer of funds among the three mandatory accounts. The agreement includes section 202 allowing for the transfer of funds among the four medical accounts. The agreement includes section 203 allowing salaries and expenses funds to be used for the hire of passenger vehicles, lease of facilities or land, and purchase of uniforms. The agreement includes section 204 restricting the accounts that may be used for the acquisition of land or the construction of any new hospital or home. The agreement includes section 205 limiting the use of funds in the Medical Services account only for entitled beneficiaries unless reimbursement is made to the Department. The agreement includes section 206 allowing for the use of certain mandatory appropriations accounts for payment of prior year accrued obligations for those accounts. The agreement includes section 207 allowing the use of appropriations available in this title to pay prior year obligations. The agreement includes section 208 allowing the Department to use surplus earnings from the National Service Life Insurance Fund, the Veterans' Special Life Insurance Fund, and the United States Government Life Insurance Fund to administer these programs. The agreement includes section 209 allowing the Department to cover the administrative expenses of enhanced-use leases and provides authority to obligate these reimbursements in the year in which the proceeds are received. The agreement includes section 210 limiting the amount of reimbursement the Office of Resolution Management, the Office of Employment Discrimination Complaint Adjudication, and the Office of Diversity and Inclusion can charge other offices of the Department for services provided. The agreement includes section 211 requiring the Department to collect third-party payer information for persons treated for a non-service-connected disability. [[Page H11407]] The agreement includes section 212 allowing for the use of enhanced-use leasing revenues for Construction, Major Projects and Construction, Minor Projects. The agreement includes section 213 outlining authorized uses for Medical Services funds. The agreement includes section 214 allowing for funds deposited into the Medical Care Collections Fund to be transferred to the Medical Services and Medical Community Care accounts. The agreement includes section 215 which allows Alaskan veterans to use medical facilities of the Indian Health Service or tribal organizations. The agreement includes section 216 permitting the transfer of funds from the Department of Veterans Affairs Capital Asset Fund to the Construction, Major Projects and Construction, Minor Projects accounts and makes those funds available until expended. The agreement includes section 217 requiring the Secretary to submit financial status quarterly reports for each of the Administrations in the Department. The specific data requested is similar to that requested in the fiscal year 2017 conference report. The agreement includes section 218 requiring the Department to notify and receive approval from the Committees of any proposed transfer of funding to or from the Information Technology Systems account and limits the aggregate annual increase in the account to no more than 10 percent of the funding appropriated to the account in this Act. The agreement includes section 219 providing up to $314,409,000 of specified fiscal year 2020 funds for transfer to the Joint DOD-VA Medical Facility Demonstration Fund. The agreement includes section 220 which permits up to $322,931,000 of specified fiscal year 2021 medical care funding provided in advance to be transferred to the Joint DOD-VA Medical Facility Demonstration Fund. The agreement includes section 221 which authorizes transfers from the Medical Care Collections Fund to the Joint DOD-VA Medical Facility Demonstration Fund. The agreement includes section 222 which transfers at least $15,000,000 from VA medical accounts to the DOD-VA Health Care Sharing Incentive Fund. The agreement includes section 223 prohibiting funds from being used to replace the current system by which VISNs select and contract for diabetes monitoring supplies and equipment. The agreement includes section 224 requiring that the Department notify the Committees of bid savings in a major construction project of at least $5,000,000, or 5 percent, whichever is less, 14 days prior to the obligation of the bid savings and describe their anticipated use. The agreement includes section 225 which prohibits VA from increasing the scope of work for a major construction project above the scope specified in the original budget request unless the Secretary receives approval from the Committees. The agreement includes section 226 requiring a quarterly report from each VBA regional office on pending disability claims, both initial and supplemental; error rates; the number of claims processing personnel; corrective actions taken; training programs; and review team audit results. It also requires a quarterly report on the number of appeals pending at the Veterans Benefits Administration and the Board of Veterans Appeals. The agreement includes section 227 requiring VA to notify the Committees 15 days prior to any staff office relocations within VA of 25 or more full-time-equivalent staff. The agreement includes section 228 requiring the Secretary to report to the Committees each quarter about any single national outreach and awareness marketing campaign exceeding $1,000,000. The agreement includes section 229 permitting the transfer to the Medical Services account of fiscal year discretionary 2020 funds appropriated in this Act or available from advance fiscal year 2020 funds already appropriated, except for funds appropriated to General Operating Expenses, VBA, to address possible unmet, high priority needs in Medical Services, upon approval of the Committees. The agreement includes section 230 permitting the transfer of funding between the General Operating Expenses, Veterans Benefits Administration account and the Board of Veterans Appeals account upon approval of the Committees. The agreement includes section 231 prohibiting the Secretary from reprogramming funds in excess of $7,000,000 among major construction projects or programs unless the reprogramming is approved by the Committees. The agreement includes section 232 mandating certain professional standards for the veterans crisis hotline and requiring a study to assess its effectiveness. The agreement includes section 233 restricting funds from being used to close medical facilities in the absence of a national realignment strategy. The agreement includes section 234 prohibiting the use of funds, from the period October 1, 2018 through January 1, 2024, in contravention of VHA's May 10, 2017 guidelines on breast cancer screening. The agreement includes section 235 addressing the use of funding for assisted reproductive technology treatment and adoption reimbursement. The agreement includes section 236 prohibiting any funds from being used in a manner that is inconsistent with statutory limitations on outsourcing. The agreement includes section 237 pertaining to exceptions for Indian- or Native Hawaiian-owned businesses contracting with VA. The agreement includes section 238 directing the elimination over a series of years of the use of social security numbers in VA programs. The agreement includes section 239 referencing the provision in the 2017 Appropriations Act pertaining to certification of marriage and family therapists. The agreement includes section 240, which prohibits funds from being used to transfer funding from the Filipino Veterans Equity Compensation Fund to any other VA account. The agreement includes section 241 permitting funding to be used in fiscal years 2020 and 2021 to carry out and expand the child care pilot program authorized by section 205 of Public Law 111-163. The agreement includes section 242 prohibiting VA from using funds to enter into an agreement to resolve a dispute or claim with an individual that would restrict the individual from speaking to members of Congress or their staff on any topic, except those required to be kept secret in the interest of national defense or the conduct of foreign affairs. The agreement includes section 243 referencing language in the 2017 Appropriations Act requiring certain data to be included in budget justifications for major construction projects. The agreement includes section 244 prohibiting the use of funds to deny the Inspector General timely access to information, unless a provision of law expressly refers to the Inspector General and expressly limits such access. The agreement includes section 245 referencing language in the 2017 Appropriations Act regarding the verification of service for coastwise merchant seamen. The agreement includes section 246 requiring the ratio of veterans to full-time employment equivalents in any rehabilitation program not to exceed 125 veterans to one full-time employment equivalent. The agreement includes section 247 prohibiting funding from being used in a manner that would increase wait times for veterans at medical facilities. The agreement includes section 248 prohibiting the use of funds in fiscal year 2020 to convert any program which received specific purpose funds in fiscal year 2019 to a general purpose-funded program without the approval of the Committees on Appropriations of both Houses of Congress at least 30 days prior to any such action. The agreement includes section 249 addressing animal research at the Department of Veterans Affairs. The agreement includes section 250 prohibiting the closure of the CBOC in Bainbridge, New York until the Secretary submits a completed market area assessment to the Committees on Appropriations of both Houses of Congress. The agreement includes section 251 directing VA to submit a plan to reduce the chances that clinical mistakes by VA employees will result in adverse events that require institutional or clinical disclosures. The agreement includes section 252 requiring the Department to update the Planning and Activating CBOC handbook every five years and provide guidance and training to employees on each update of the handbook. The agreement includes section 253 rescinding funds. The agreement includes section 254 extending the VSO wellness pilot program authorized in section 252 of the Consolidated Appropriations Act, 2018 (P.L. 155-141) until 2022. The agreement includes section 255 rescinding unobligated emergency supplemental funds. The agreement includes section 256 to allow fiscal year 2020 and 2021 ``Medical Community Care'' funds to be used to cover obligations that otherwise would be paid by the Veterans Choice Fund, if necessary. The agreement includes section 257 clarifying fiscal year 2020 ``Medical Services'' funds should not be used for aid to State homes. TITLE III RELATED AGENCIES American Battle Monuments Commission SALARIES AND EXPENSES The agreement provides $84,100,000 for Salaries and Expenses of the American Battle Monuments Commission (ABMC), an increase of $9,000,000 above the budget request to support ABMC's unfunded requirements for high-priority projects and address the maintenance backlog at existing monuments and cemeteries. The additional funds are provided to accelerate the Commission's five-year plan, not only to maintain the cemeteries and monuments honoring America's war dead, but also to preserve and communicate these veterans' stories of courage and sacrifice. American Battle Monuments Commission.--On October 22, 2018, ABMC submitted a plan to spend $28,900,000 in additional funding that Congress appropriated in fiscal year 2019 to support ABMC's unfunded cemetery requirements. ABMC's plan includes $20,400,000 for the Honolulu interpretive center at the National Memorial Cemetery of the Pacific, known as the ``Punchbowl.'' The National Cemetery Administration (NCA) has identified a site for the interpretive center adjacent to its administrative facility that will [[Page H11408]] serve ABMC's interpretive mission without affecting burial space inside the cemetery. ABMC is directed, in conjunction with NCA, to execute the funding appropriated for projects identified in its October 2018 spend plan to Congress and to complete the proposed siting and construction feasibility evaluation at the administrative facility-adjacent location to ensure the interpretive center remains in balance with the long-term mission and legacy of the Punchbowl. FOREIGN CURRENCY FLUCTUATIONS ACCOUNT The agreement provides such sums as necessary for the Foreign Currency Fluctuations Account. united states court of appeals for veterans claims SALARIES AND EXPENSES The agreement provides $35,400,000 for Salaries and Expenses for the United States Court of Appeals for Veterans Claims. DEPARTMENT OF DEFENSE--CIVIL Cemeterial Expenses, Army SALARIES AND EXPENSES The agreement provides $80,800,000 for Cemeterial Expenses, Army.--Salaries and Expenses. This amount is equal to the fiscal year 2019 enacted level and $10,000,000 above the budget request. Within that amount, up to $15,000,000 in funding is available until September 30, 2022. The budget request for Arlington National Cemetery's operating account has been held artificially flat for a number of years, and this action is having a deleterious effect on the Cemetery's performance and ability to meet its mission. It is unacceptable that the Cemetery's budget requests are continually inadequate to maintain the current level of services. The Cemetery cannot be under-resourced, and accordingly, the bill provides an additional $10,000,000 to correct this deficiency. This agreement reflects unwavering support for the Cemetery and the successful completion of the Cemetery's truly unique and honored mission. Accordingly, the Secretary of the Army is again directed to include this increase in the Cemetery's baseline budget and ensure future budget requests provide ample resources for the Cemetery, including funding to complete the planned Southern Expansion and ensure that the life of our Nation's most prestigious cemetery is extended into the 2050 timeframe. ARMED FORCES RETIREMENT HOME TRUST FUND The agreement provides a total of $75,300,000 for the Armed Forces Retirement Home (AFRH), an increase of $11,000,000 above the fiscal year 2019 enacted level and the budget request. The increase is intended to support high-priority capital projects. AFRH-W Development.--The Committees recognize the critical role of AFRH in providing residences and related services for certain retired and former members of the Armed Forces and support AFRH's efforts to lease 80 acres of underutilized land on its Washington, D.C., campus. AFRH is directed to submit quarterly reports to the Committees on Appropriations of both Houses of Congress outlining the redevelopment progress against the AFRH-W Master Plan, including the status of the lease negotiations and the financial transparency of the development project. ADMINISTRATIVE PROVISION The agreement includes section 301 allowing Arlington National Cemetery to deposit and use funds derived from concessions. TITLE IV Overseas Contingency Operations DEPARTMENT OF DEFENSE The agreement includes title IV, Overseas Contingency Operations, for military construction projects related to the Global War on Terrorism and the European Deterrence/ Reassurance Initiative. MILITARY CONSTRUCTION, ARMY The agreement includes $111,968,000 for ``Military Construction, Army'', for planning and design and construction in support of Overseas Contingency Operations and the European Deterrence/Reassurance Initiative. MILITARY CONSTRUCTION, NAVY AND MARINE CORPS The agreement includes $94,570,000 for ``Military Construction, Navy and Marine Corps'', for planning and design and construction in support of Overseas Contingency Operations and the European Deterrence/Reassurance Initiative. MILITARY CONSTRUCTION, AIR FORCE The agreement includes $391,988,000 for ``Military Construction, Air Force'', for planning and design and construction in support of Overseas Contingency Operations and the European Deterrence/Reassurance Initiative. MILITARY CONSTRUCTION, DEFENSE-WIDE The agreement includes $46,000,000 for ``Military Construction, Defense-Wide'', for planning and design and construction in support of Overseas Contingency Operations and the European Deterrence/Reassurance Initiative. ADMINISTRATIVE PROVISION The agreement includes section 401 which requires the Department of Defense to provide a future year defense program for European Deterrence/Reassurance Initiative to the congressional defense committees. [[Page H11409]] [GRAPHIC] [TIFF OMITTED] TH161219.259 [[Page H11410]] [GRAPHIC] [TIFF OMITTED] TH161219.260 [[Page H11411]] TITLE V Natural Disaster Relief DEPARTMENT OF DEFENSE MILITARY CONSTRUCTION, NAVY AND MARINE CORPS The agreement includes $3,477,000,000 for ``Navy and Marine Corps'' for military construction and planning and design for damages related to Hurricanes Florence and Michael, flooding and earthquakes in fiscal year 2019. MILITARY CONSTRUCTION, AIR FORCE The agreement includes $2,605,200,000 for ``Air Force'' for military construction and planning and design for damages related to Hurricanes Florence and Michael, flooding and earthquakes in fiscal year 2019. MILITARY CONSTRUCTION, DEFENSE-WIDE The agreement includes $77,175,000 for ``Defense-Wide'' for military construction and planning and design for damages related to Hurricanes Florence and Michael, flooding and earthquakes in fiscal year 2019. MILITARY CONSTRUCTION, ARMY NATIONAL GUARD The agreement includes $66,000,000 for ``Army National Guard'' for military construction and planning and design for damages related to Hurricanes Florence and Michael, and flooding, tornadoes and earthquakes in fiscal year 2019. MILITARY CONSTRUCTION, ARMY RESERVE The agreement includes $3,300,000 for ``Army Reserve'' military construction and planning and design for damages related to Hurricanes Florence and Michael, flooding and earthquakes in fiscal year 2019. ADMINISTRATIVE PROVISION The agreement includes section 501 that notwithstanding any other provision of law, funds made available in this title shall only be used for the purposes as described under this heading. TITLE VI General Provisions The agreement includes section 601 prohibiting the obligation of funds in this Act beyond the current fiscal year unless expressly so provided. The agreement includes section 602 prohibiting the use of the funds in this Act for programs, projects, or activities not in compliance with Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. The agreement includes section 603 encouraging all Departments to expand their use of ``E-Commerce.'' The agreement includes section 604 specifying the congressional committees that are to receive all reports and notifications. The agreement includes section 605 prohibiting the transfer of funds to any instrumentality of the United States Government without authority from an appropriations Act. The agreement includes section 606 prohibiting the use of funds for a project or program named for a serving Member, Delegate, or Resident Commissioner of the United States House of Representatives. The agreement includes section 607 requiring all reports submitted to Congress to be posted on official web sites of the submitting agency. The agreement includes section 608 prohibiting the use of funds to establish or maintain a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, except for law enforcement investigation, prosecution, or adjudication activities. The agreement includes section 609 prohibiting the use of funds for the payment of first-class air travel by an employee of the executive branch. The agreement includes section 610 prohibiting the use of funds in this Act for any contract where the contractor has not complied with E-Verify requirements. The agreement includes section 611 prohibiting the use of funds in this Act by the Department of Defense or the Department of Veterans Affairs for the purchase or lease of a new vehicle except in accordance with Presidential Memorandum--Federal Fleet Performance, dated May 24, 2011. The agreement includes section 612 that any reference to ``this Act'' contained in this division shall only apply to this division. The agreement includes section 613 prohibiting these funds to be used to close facilities under 2687 U.S.C., title 10. The agreement includes section 614 prohibiting the use of funds in this Act for the renovation, expansion, or construction of any facility in the continental United States for the purpose of housing any individual who has been detained at the United States Naval Station, Guantanamo Bay, Cuba. [[Page H11412]] [GRAPHIC] [TIFF OMITTED] TH161219.261 [[Page H11413]] [GRAPHIC] [TIFF OMITTED] TH161219.262 [[Page H11414]] [GRAPHIC] [TIFF OMITTED] TH161219.263 [[Page H11415]] [GRAPHIC] [TIFF OMITTED] TH161219.264 [[Page H11416]] [GRAPHIC] [TIFF OMITTED] TH161219.265 [[Page H11417]] [GRAPHIC] [TIFF OMITTED] TH161219.266 [[Page H11418]] [GRAPHIC] [TIFF OMITTED] TH161219.267 [[Page H11419]] [GRAPHIC] [TIFF OMITTED] TH161219.268 [[Page H11420]] [GRAPHIC] [TIFF OMITTED] TH161219.269 [[Page H11421]] [GRAPHIC] [TIFF OMITTED] TH161219.270 [[Page H11422]] [GRAPHIC] [TIFF OMITTED] TH161219.271 [[Page H11423]] [GRAPHIC] [TIFF OMITTED] TH161219.272 [[Page H11424]] [GRAPHIC] [TIFF OMITTED] TH161219.273 [[Page H11425]] [GRAPHIC] [TIFF OMITTED] TH161219.274 [[Page H11426]] DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2020 In implementing this agreement, Federal departments, agencies, commissions, and other entities are directed to comply with the directives, reporting requirements, and instructions contained in H. Rept. 116-78 (House report) accompanying H.R. 2839 and incorporated by reference by section 7066 in division D of H.R. 2740 (House bill) and S. Rept. 116-126 (Senate report) accompanying S. 2583 (Senate bill) as though stated in this explanatory statement, unless specifically directed to the contrary. This explanatory statement, while repeating some House and Senate report language for emphasis or clarification, does not negate language in such reports unless expressly provided herein. Language expressing an opinion or making an observation in the House or Senate reports represents the view of the respective committee unless specifically endorsed in this explanatory statement. In cases in which the House and Senate reports provide contradictory directives or instructions that are not addressed in this explanatory statement, such directives or instructions are negated. Reports required to be submitted pursuant to the Act, including reports required by this explanatory statement and the House and Senate reports, may not be consolidated to include responses to multiple requirements in a single report, except following consultation with the Committees on Appropriations. In lieu of the tables and allocations of funding contained in the House and Senate reports, the tables and allocations contained in this explanatory statement shall guide departments, agencies, commissions, and other entities when allocating funds. Section 7019 of the Act requires that amounts designated in the respective tables included in this explanatory statement for funds appropriated in titles III through V, including tables in title VII, shall be made available at not less than such designated amounts, unless otherwise provided for in the Act, and shall be the basis of the report required by section 653(a) of the Foreign Assistance Act (FAA) of 1961, where applicable. The Act provides that the amounts designated in the tables shall be made available notwithstanding the date of the transmission of such report. Section 7019 also includes limited authority to deviate not more than 10 percent below such designated amounts and continues language similar to prior fiscal years including certain exceptions to the requirements of the section. Proposed deviations from tables in titles I and II in this explanatory statement are subject to the regular notification procedures of the Committees on Appropriations, unless an exception or deviation authority is specifically provided herein. For purposes of this explanatory statement, the term ``prior Acts'' means prior Acts making appropriations for the Department of State, foreign operations, and related programs. In addition, ``division F of Public Law 116-6'', means the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019. For purposes of the Act and this explanatory statement, the term ``regular notification procedures of the Committees on Appropriations'' means such Committees are notified not less than 15 days in advance of the obligation of funds. The Secretary of State and United States Agency for International Development (USAID) Administrator are directed to submit notifications for the obligation of funds made available by the Act and prior Acts not later than 90 days prior to the expiration of such funds. Congressional notifications submitted by the heads of the relevant Federal agencies contained in the Act for funds that are being reallocated prior to initial obligation, reprogrammed, or reobligated after deobligation, shall, to the maximum extent practicable, contain detailed information about the sources of the funds and why such funds are no longer needed or intended to be used as previously justified. For purposes of the Act and this explanatory statement, the term ``prior consultation'' means a pre-decisional engagement between a relevant Federal agency and the Committees on Appropriations during which the Committees are provided a meaningful opportunity to provide facts and opinions to inform: (1) the use of funds; (2) the development, content, or conduct of a program or activity; or (3) a decision to be taken. Direction to consult with the ``Committee'' in either the House or Senate reports shall mean to consult with the Committees on Appropriations. Notwithstanding authority included in any provision of the Act shall not be construed to exclude the requirements of such provision. In the Act, the term ``stabilization assistance'' has the same meaning as defined by the Stabilization Assistance Review in ``A Framework for Maximizing the Effectiveness of U.S. Government Efforts to Stabilize Conflict-Affected Areas, 2018.'' Similar to prior fiscal years, funding is made available and designated as Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA) in the Act. Such funds are intended to address the extraordinary costs of operations and assistance in countries in conflict and areas of instability and violence, particularly for security, stabilization, and peacekeeping programs; humanitarian activities; and counterterrorism and counterinsurgency efforts. The Act does not contain or establish a regional limitation on use of OCO/GWOT. The Secretary of State shall comply with the directive under section 7015 in the House report regarding the transfer or release of any individuals detained at Naval Station, Guantanamo Bay, Cuba in the manner described. The agreement maintains the traditional uses and placement in title III for the Development Assistance and Economic Support Fund accounts. The Director of the Peace Corps shall inform the Secretary of State prior to opening, closing, significantly reducing, or suspending an overseas office or country program, which will help strengthen communication and coordination of United States policy overseas. Not later than 60 days after the release of any foreign assistance review or realignment prepared or conducted by the National Security Council, Office of Management and Budget, Department of State, or USAID, or any combination thereof, the Comptroller General of the United States shall provide an assessment of such review or realignment to the appropriate congressional committees, including an analysis of the methodology used to determine any recommendations included in such foreign assistance review or realignment. Each assessment shall be submitted in unclassified form but may include a classified annex. The agreement directs the Department of State to fully restore $40,026,539 in Economic Support Fund that lapsed at the end of fiscal year 2019 due to apportionment and obligation delays, including $35,379,246 for the Bureau of Democracy, Human Rights, and Labor (DRL). Such programs shall be funded at not less than the previously planned levels and are in addition to any amounts identified for fiscal years 2019 and 2020 programs. TITLE I DEPARTMENT OF STATE AND RELATED AGENCY DEPARTMENT OF STATE Administration of Foreign Affairs The agreement provides $12,197,058,000 for Administration of Foreign Affairs, of which $3,105,109,000 is designated for OCO/GWOT pursuant to BBEDCA. The agreement includes a total of $6,071,348,000 for embassy security, as contained in the table below: EMBASSY SECURITY [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Account/Program Authority ------------------------------------------------------------------------ Worldwide Security Protection.............................. 4,095,899 Embassy Security, Construction, and Maintenance............ 1,975,449 ------------ Total.................................................. 6,071,348 ------------------------------------------------------------------------ Diplomatic Programs The agreement provides $9,125,687,000 for Diplomatic Programs, of which $2,626,122,000 is designated for OCO/GWOT pursuant to BBEDCA. Within the total provided under this heading, up to $4,095,899,000 is for Worldwide Security Protection (WSP) and may remain available until expended; and $5,029,788,000 is for operations, of which $754,468,000 may remain available until September 30, 2021. Funds appropriated by the Act for activities, bureaus, and offices under this heading are allocated according to the following table: DIPLOMATIC PROGRAMS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Category Budget Authority ------------------------------------------------------------------------ Human Resources....................................... 2,896,063 Worldwide Security Protection..................... [509,782] Overseas Programs..................................... 1,840,143 Diplomatic Policy and Support......................... 780,057 Security Programs..................................... 3,609,424 Worldwide Security Protection..................... [3,586,117] ----------------- Total......................................... 9,125,687 ------------------------------------------------------------------------ BUREAU/OFFICE [Includes salary and bureau-managed funds] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Bureau of Administration.............................. Freedom of Information Act........................ [33,960] Cultural Antiquities Task Force....................... 1,000 Bureau of Democracy, Human Rights, and Labor.......... 42,500 Human Rights Vetting.............................. [10,000] International Freedom of Expression............... [2,500] Atrocities Prevention Training.................... [500] Management and Oversight Programs................. [5,000] Implementation of Global Magnitsky Human Rights [500] Accountability Act................................... Special Advisor for International Disability [750] Rights........................................... Special Envoy for the Human Rights of LGBTI [250] Persons.......................................... Bureau of European and Eurasian Affairs............... Office of the Special Envoy for Holocaust Issues.. [750] Bureau of Economic and Business Affairs............... Office of Terrorism Financing and Economic [6,100] Sanctions Policy................................. Implementation of Global Magnitsky Human Rights [500] Accountability Act............................... Bureau of Oceans and International Environmental and 41,859 Scientific Affairs................................... [[Page H11427]] Office of Oceans and Polar Affairs................ [5,121] of which, Special Representative for the Arctic [438] Region........................................... Bureau of Political-Military Affairs.................. Office of Weapons Removal and Abatement........... [3,609] Office of International Religious Freedom............. 8,500 Religious freedom curriculum development.......... [600] Office of the Legal Advisor........................... Document Review Unit.............................. [2,889] Office to Monitor and Combat Trafficking in Persons... 16,000 Office of the Secretary............................... Office of Global Women's Issues................... [8,000] Office of the Special Presidential Envoy for [1,250] Hostage Affairs.................................. Special Coordinator for Tibetan Issues............ [1,000] Office to Monitor and Combat Anti-Semitism........ [500] ------------------------------------------------------------------------ Funds allocated for offices and programs under the bureaus listed in the table under this heading that exceed the 2020 congressional budget justification (CBJ) levels for such offices and programs are in addition to funds otherwise made available for such bureaus. Global Engagement Center.--The agreement provides up to $60,000,000 for the Global Engagement Center to counter state and non-state propaganda and disinformation, including not less than $5,000,000 from funds made available by the Act for the Countering Chinese Influence Fund. Office of International Religious Freedom.--The agreement recognizes the recent merger of the Office of International Religious Freedom, which integrated the functions of several advisory positions. Funds for the activities of the Special Advisor for Religious Minorities in the Near East and South Central Asia are included in the total funding provided for the Office of International Religious Freedom. Office to Monitor and Combat Trafficking in Persons.--The agreement includes $16,000,000 for the Office to Monitor and Combat Trafficking in Persons for support of activities and directives described in the House and Senate reports, including additional staffing. Procurement.--The agreement endorses the directive in the House report under this heading with respect to procurement, except that such directive shall include veteran-owned businesses. Public Diplomacy.--The agreement includes funds to support public diplomacy programs. The Secretary of State is directed to include projected funding levels for public diplomacy in the operating plan required by section 7061(a) of the Act. Workforce Diversity.--The Secretary of State shall submit a workforce diversity report as described in the House and Senate reports not later than 60 days after enactment of the Act. CAPITAL INVESTMENT FUND The agreement provides $139,500,000 for Capital Investment Fund. OFFICE OF INSPECTOR GENERAL The agreement provides $90,829,000 for Office of Inspector General, of which $13,624,000 may remain available until September 30, 2021, and an additional $54,900,000 for the Special Inspector General for Afghanistan Reconstruction (SIGAR). SIGAR Assessments.--SIGAR is directed to consult with the Inspectors General of the Department of State and USAID and any other United States Government office providing oversight of contributions to multilateral trust funds in Afghanistan prior to conducting an assessment as described under this heading in the Senate report. EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS The agreement provides $730,700,000 for Educational and Cultural Exchange Programs, of which not less than $272,000,000 is for the Fulbright Program and $111,860,000 is for the Citizen Exchange Program. Funds under this heading are allocated according to the following table: EDUCATIONAL AND CULTURAL EXCHANGES [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Program/Activity Budget Authority ------------------------------------------------------------------------ Academic Programs Fulbright Program................................. 272,000 Global Academic Exchanges......................... 62,960 English Language Programs......................... [45,200] Special Academic Exchanges........................ 17,875 Benjamin Gilman International Scholarship Program. [16,000] ----------------- Subtotal.......................................... 352,835 Professional and Cultural Exchanges International Visitor Program..................... 104,000 Citizen Exchange Program.......................... 111,860 Congress-Bundestag Youth Exchange................. [4,125] Special Professional and Cultural Exchanges....... 5,700 ----------------- Subtotal.......................................... 221,560 Special Initiatives Young Leaders Initiatives......................... 34,400 Young African Leaders Initiative.................. [20,000] Young Southeast Asian Leaders Initiative.......... [7,800] Young Leaders in the Americas Initiative.......... [6,600] Countering State Disinformation and Pressure...... 12,000 Civil Society Exchange Program.................... 5,000 ----------------- Subtotal.......................................... 51,400 Programs from IIP-PA Merger........................... 27,855 Program and Performance............................... 9,050 Exchanges Support..................................... 68,000 ----------------- Total......................................... 730,700 ------------------------------------------------------------------------ The Secretary of State shall include in the operating plan required by section 7061(a) of the Act the information listed under this heading in the House and Senate reports. Countering State Disinformation and Pressure.--The agreement includes $12,000,000 under this heading to counter state-sponsored disinformation and hybrid threats, promote democracy, and support exchanges with countries facing state- sponsored disinformation and pressure campaigns, particularly in Europe and Eurasia. Citizen Exchange Program.--Funds made available for the Citizen Exchange Program are intended for the purposes described under this heading in the House report. Civil Society Exchange Program.--The agreement provides $5,000,000 under this heading for a new Civil Society Exchange Program for the purposes specified under this heading in the Senate report. The Assistant Secretary for the Bureau of Educational and Cultural Affairs (ECA), Department of State, shall consult and coordinate with the relevant bureaus and offices of the Department of State and USAID, including DRL, on the design and implementation of such program and to ensure the activities complement ongoing programs of such bureaus. Fulbright Program.--The agreement continues the higher funding levels appropriated in fiscal year 2019 under this heading for the Fulbright Program for Afghanistan, Egypt, and Pakistan. McCain Scholars and Fellowship Programs.--The agreement includes funding for the McCain Scholars and Fellowship Programs as described in the Senate report. Program Evaluations.-- The agreement includes not less than $3,450,000 for the Evaluation Program, which is above the fiscal year 2019 enacted level. The additional amount is made available to augment support of independent external evaluations of exchange programs and fund a strategic review of the internal structure and program management of the ECA Bureau as specified under this heading in the Senate report. The ECA Assistant Secretary shall report to the Committees on Appropriations on the implementation of such requirements not later than 90 days after enactment of the Act. Special Academic and Professional and Cultural Exchanges.-- The agreement includes funds to continue the Special Academic Exchanges and Special Professional and Cultural Exchanges described in the House and Senate reports, including the Benjamin Gilman International Scholarship Program and the Tibetan exchanges and fellowships. REPRESENTATION EXPENSES The agreement provides $7,212,000 for Representation Expenses, subject to section 7010 of the Act. PROTECTION OF FOREIGN MISSIONS AND OFFICIALS The agreement provides $30,890,000 for Protection of Foreign Missions and Officials. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE The agreement provides $1,975,449,000 for Embassy Security, Construction, and Maintenance, of which $424,087,000 is designated for OCO/GWOT pursuant to BBEDCA. Within the amount provided, $1,205,649,000 is for Worldwide Security Upgrades (WSU) and $769,800,000 is for Repair, Construction, and Operations. Acceptance of Gifts for Embassy Construction.--The Secretary of State is directed to notify the Committees on Appropriations not later than 15 days prior to the acceptance of a gift to supplement funds made available under this heading. Such notification shall include the amount, source, and any terms associated with each gift, and the Secretary shall consult with such Committees prior to submitting such notification. Capital Security Cost Sharing and Maintenance Cost Sharing Programs.--The agreement includes $1,085,649,000 for the Department of State share of the Capital Security Cost Sharing (CSCS) and Maintenance Cost Sharing (MCS) Programs, not including additional funds to be provided from consular fee revenue and other Federal agency contributions pursuant to section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999. Federal agencies funded by the Act and subject to CSCS assessments should make their respective contributions consistent with the funding level of $2,600,000,000 recommended by the Benghazi Accountability Review Board. Operating Plan.--The operating plan required by section 7061(a) of the Act shall include the proposed allocation of funds made available under this heading and the actual and anticipated proceeds of sales or gifts for all projects in fiscal year 2020. Funds under this heading are allocated according to the following table: EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account/Program Budget Authority ------------------------------------------------------------------------ Repair, Construction, and Operations.................. 769,800 Repair and Construction........................... [100,276] Operations........................................ [669,524] of which, Domestic Renovations.................... [18,000] [[Page H11428]] Worldwide Security Upgrades........................... 31,205,649 Capital Security Cost Sharing and Maintenance Cost [1,085,649] Sharing Program.................................. Compound Security Program......................... [120,000] ----------------- Total 1,975,449 ------------------------------------------------------------------------ EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE The agreement provides $7,885,000 for Emergencies in the Diplomatic and Consular Service. REPATRIATION LOANS PROGRAM ACCOUNT The agreement provides $1,300,000 for Repatriation Loans Program Account. PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN The agreement provides $31,963,000 for Payment to the American Institute in Taiwan. INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA The agreement provides $743,000 for International Center, Washington, District of Columbia. PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND The agreement provides $158,900,000 for Payment to the Foreign Service Retirement and Disability Fund. International Organizations CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS The agreement provides $1,473,806,000 for Contributions to International Organizations, of which $96,240,000 is designated for OCO/GWOT pursuant to BBEDCA. The agreement provides not less than $67,397,000 for a United States contribution to the North Atlantic Treaty Organization (NATO) for fiscal year 2020. The Secretary of State shall consult with the Committees on Appropriations on modifications to the United States assessment to NATO for fiscal year 2021. No funds are included in the Act to withdraw the United States from NATO. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES The agreement provides $1,526,383,000 for Contributions for International Peacekeeping Activities, of which $988,656,000 is designated for OCO/GWOT pursuant to BBEDCA. Sufficient funds are provided in the agreement for United States contributions to peacekeeping missions at the statutory level of 25 percent. Funding for the United States share of the United Nations Support Office in Somalia is provided under Peacekeeping Operations in title IV of the Act, instead of under this heading. International Commissions INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO SALARIES AND EXPENSES The agreement provides $48,170,000 for Salaries and Expenses. CONSTRUCTION The agreement provides $36,900,000 for Construction, including $7,500,000 to be made available to address deferred maintenance requirements following consultation with the Committees on Appropriations. AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS The agreement provides $15,008,000 for American Sections, International Commissions, including $9,802,000 for the International Joint Commission (IJC), $2,304,000 for the International Boundary Commission, and $2,902,000 for the Border Environment Cooperation Commission, in the amounts and for the purposes specified under this heading in the Senate report. The agreement provides the authority to make up to $1,250,000 of funds for the IJC available until September 30, 2021. INTERNATIONAL FISHERIES COMMISSIONS The agreement provides $62,718,000 for International Fisheries Commissions. Such funds are allocated according to the following table: INTERNATIONAL FISHERIES COMMISSIONS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Commission/Activity Budget Authority ------------------------------------------------------------------------ Great Lakes Fishery Commission........................ 47,060 Lake Champlain Basin.............................. [9,000] Grass Carp........................................ [1,000] Inter-American Tropical Tuna Commission............... 1,750 Pacific Salmon Commission............................. 5,935 Mark-Selective Fishery Fund....................... [1,750] International Pacific Halibut Commission.............. 4,532 Other Marine Conservation Organizations............... 3,441 ----------------- Total............................................. 62,718 ------------------------------------------------------------------------ The agreement includes $47,060,000 for the Great Lakes Fishery Commission, including for the purposes specified in the House and Senate reports, of which $6,490,000 is for risk-based additions for sea lamprey control and science and research needs and $500,000 is for the Lake Memphremagog fishery. RELATED AGENCY United States Agency for Global Media INTERNATIONAL BROADCASTING OPERATIONS The agreement provides $798,696,000 for International Broadcasting Operations. Of the funds made available under this heading, up to $40,708,000 may remain available until expended for satellite transmissions and Internet freedom programs, of which not less than $20,000,000 is for Internet freedom and circumvention programs. Additional funds are included within the total provided for Radio Free Asia (RFA) for the personnel costs associated with certain Internet freedom activities. The United States Agency for Global Media (USAGM) Chief Executive Officer (CEO) is directed to include amounts planned for Internet freedom in fiscal year 2020 as part of the operating plan required by section 7061(a) of the Act, including amounts planned for the newly established Open Technology Fund grantee, and to describe the planned activities in the Internet freedom spend plan required by section 7050(c) of the Act. Countering Russian Disinformation.--The agreement includes funds above the fiscal year 2019 program level for both Voice of America (VOA) and Radio Free Europe/Radio Liberty (RFE/RL) to expand Current Time programming. The reports required under this heading in the House and Senate reports concerning Current Time may be consolidated and shall be submitted not later than 90 days after enactment of the Act. East Asia and the Pacific.--The agreement supports the Tibetan language services of the VOA and RFA. Latin America.--The agreement includes funds to expand the programming and activities of the Latin America Division of VOA. Uyghur Service.--The USAGM CEO is urged to allocate funds from within amounts provided for RFA to increase the capacity for translation and social media by the Uyghur service of RFA. Operating Plans.--The USAGM CEO shall ensure that the operating plan required by section 7061(a) of the Act, and notifications submitted pursuant to section 7015 of the Act, shall include a detailed description of funding and program plans for each Federal entity and independent grantee. Substantive funding and program modifications to such plan shall be subject to the notification requirements of section 7015 of the Act. Funds under this heading are allocated according to the following table: INTERNATIONAL BROADCASTING OPERATIONS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Entities/Grantees Budget Authority ------------------------------------------------------------------------ Federal Entities International Broadcasting Bureau (IBB) IBB 65,291 Operations....................................... Internet Freedom.................................. [20,000] Office of Cuba Broadcasting....................... 20,973 Office of Technology, Services, and Innovation.... 180,591 Voice of America.................................. 252,000 ----------------- Subtotal.......................................... 518,855 Independent Grantee Organizations Radio Free Europe/Radio Liberty................... 125,306 Radio Free Asia................................... 44,223 Middle East Broadcasting Networks................. 110,312 ----------------- Subtotal.......................................... 279,841 ----------------- Total......................................... 798,696 ------------------------------------------------------------------------ BROADCASTING CAPITAL IMPROVEMENTS The agreement provides $11,700,000 for Broadcasting Capital Improvements. RELATED PROGRAMS The Asia Foundation The agreement provides $19,000,000 for The Asia Foundation. Such funds shall be apportioned and obligated to the Foundation not later than 60 days after enactment of the Act. United States Institute of Peace The agreement provides $45,000,000 for United States Institute of Peace, including $750,000 for an Afghanistan Peace Process Study Group, as described in the Senate report. Center for Middle Eastern-Western Dialogue Trust Fund The agreement provides $245,000 from interest and earnings from the Center for Middle Eastern-Western Dialogue Trust Fund. Eisenhower Exchange Fellowship Program The agreement provides $270,000 from interest and earnings from the Eisenhower Exchange Fellowship Program Trust Fund. Israeli Arab Scholarship Program The agreement provides $124,000 from interest and earnings from the Israeli Arab Scholarship Endowment Fund. East-West Center The agreement provides $16,700,000 for East-West Center. Such funds shall be apportioned and obligated to the Center not later than 60 days after enactment of the Act. National Endowment for Democracy The agreement provides $300,000,000 for National Endowment for Democracy, of which $195,840,000 shall be allocated in the traditional and customary manner, including for the core institutes, and $104,160,000 for democracy programs. Such funds shall be apportioned and obligated to the National Endowment for Democracy (NED) not later than 60 days after enactment of the Act. [[Page H11429]] OTHER COMMISSIONS Commission for the Preservation of America's Heritage Abroad SALARIES AND EXPENSES The agreement provides $675,000 for Commission for the Preservation of America's Heritage Abroad. United States Commission on International Religious Freedom SALARIES AND EXPENSES The agreement provides $4,500,000 for United States Commission on International Religious Freedom, of which $1,000,000 is subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. Commission on Security and Cooperation in Europe SALARIES AND EXPENSES The agreement provides $2,579,000 for Commission on Security and Cooperation in Europe. Congressional-Executive Commission on the People's Republic of China SALARIES AND EXPENSES The agreement provides $2,250,000 for Congressional- Executive Commission on the People's Republic of China, of which $250,000 is to modernize and update the Commission's Victims Lists, as described under this heading in the Senate report. United States-China Economic and Security Review Commission SALARIES AND EXPENSES The agreement provides $3,500,000 for United States-China Economic and Security Review Commission. TITLE II UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Funds Appropriated to the President OPERATING EXPENSES The agreement provides $1,377,246,000 for Operating Expenses, of which $206,587,000 may remain available until September 30, 2021. Funds in the Act under this heading are allocated according to the following table and subject to sections 7015 and 7061 of the Act: OPERATING EXPENSES [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Program/Activity Budget Authority ------------------------------------------------------------------------ Overseas Operations: Field Missions................................... 505,316 Salaries and benefits, U.S. Direct Hire Personnel 289,166 ------------------ Total, Overseas Operations....................... 794,482 Washington Support: Washington bureaus and offices................... 105,673 Salaries and benefits, U.S. Direct Hire Personnel 377,895 ------------------ Total, Washington Support........................ 483,568 Central Support: Information Technology........................... 117,798 Rent and General Support......................... 121,752 Staff Training................................... 25,075 Personnel Support................................ 24,851 Other Agency Costs............................... 22,230 ------------------ Total, Central Support........................... 311,706 Total, Operating Expenses............................ 1,589,756 Of which, FY20 appropriations.................... 1,377,246 Of which, from carryover and other sources....... 212,510 ------------------------------------------------------------------------ Account Structure.--Not later than 60 days after enactment of the Act, the USAID Administrator shall consult with the Committees on Appropriations on proposed changes to the account structure provided under this heading in the Senate bill and possible alternative structures with the goal of increasing the transparency and accountability of funding appropriated for USAID operations. Such consultation shall include the timeline, cost, and changes to budget formulation and execution processes required to implement this structure. The Administrator is further directed to provide the Committees on Appropriations quarterly obligation reports on Operating Expenses by the cost categories contained in the explanatory statement starting not later than 30 days after enactment of the Act. The Administrator shall consult with the Committees on Appropriations on the format of such report. Changes in Management.--The USAID Administrator shall consult with the Committees on Appropriations on any proposed significant or substantive change to USAID guidance or directives related to management services prior to issuing such guidance or directives to USAID posts worldwide. Personnel Levels.--The agreement includes directives specifying United States Direct Hire personnel levels and related workforce reporting requirements under section 7064 of the Act and this explanatory statement. CAPITAL INVESTMENT FUND The agreement provides $210,300,000 for Capital Investment Fund. OFFICE OF INSPECTOR GENERAL The agreement provides $75,500,000 for Office of Inspector General, of which $11,325,000 may remain available until September 30, 2021. TITLE III BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President GLOBAL HEALTH PROGRAMS The agreement provides $9,092,450,000 for Global Health Programs. Funds under this heading are allocated according to the following table and subject to 7019 of the Act: GLOBAL HEALTH PROGRAMS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Program/Activity Budget Authority ------------------------------------------------------------------------ Maternal and Child Health............................. 851,000 Polio............................................. [61,000] Maternal and Neonatal Tetanus..................... [2,000] The GAVI Alliance................................. [290,000] Nutrition (USAID)..................................... 150,000 Micronutrients.................................... [33,000] of which, Vitamin A............................... [22,500] Iodine Deficiency Disorder........................ [2,500] Vulnerable Children (USAID)........................... 25,000 Blind Children.................................... [4,000] HIV/AIDS (USAID)...................................... 330,000 Microbicides...................................... [45,000] HIV/AIDS (Department of State)........................ 5,930,000 The Global Fund to Fight AIDS, Tuberculosis, and [1,560,000] Malaria.......................................... UNAIDS............................................ [45,000] Family Planning/Reproductive Health (USAID)........... 523,950 Other Infectious Diseases (USAID)..................... 1,282,500 Global Health Security............................ [100,000] Malaria........................................... [770,000] Tuberculosis...................................... [310,000] of which, Global TB Drug Facility................. [15,000] Neglected Tropical Diseases....................... [102,500] ----------------- Total......................................... 9,092,450 ------------------------------------------------------------------------ The Secretary of State shall not carry out the directive under this heading in the House report regarding a determination. GAVI.--The agreement includes $290,000,000 for a contribution to The GAVI Alliance and expects the United States to maintain this level of commitment for the next replenishment cycle. Global Health Security.--The agreement includes $100,000,000 for Global Health Security, including for programs to strengthen public health capacity in countries where there is a high risk of zoonotic disease. Funds should also be made available to support the collection and analysis of data on unknown viruses, and should be made available, on a matching basis with other donors, to support a coordinating mechanism for the sharing of data on unknown viruses with zoonotic potential among countries, following consultation with the Committees on Appropriations. Not later than 45 days after enactment of the Act, the USAID Administrator shall submit a report to the Committees on Appropriations on the proposed uses of Global Health Security funds, which shall comply with the directives described under this heading in the House and Senate reports. Global Fund.--The agreement includes $1,560,000,000 for a contribution to the Global Fund to Fight AIDS, Tuberculosis, and Malaria and affirms the United States share of 33 percent as included in section 202(d) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, as amended. Global Health and Women's Economic Empowerment Programing Coordination.--The USAID Administrator shall not carry out the directives under the heading ``Global Health and Women's Economic Empowerment Programing Coordination'' under this heading in the Senate report. No funds are included in the agreement for the pilot project described under such heading. DEVELOPMENT ASSISTANCE The agreement provides $3,400,000,000 for Development Assistance. Funds for certain programs under this heading are allocated according to the following table and subject to section 7019 of the Act: DEVELOPMENT ASSISTANCE [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Country/Program Budget Authority ------------------------------------------------------------------------ Africa Burkina Faso.......................................... 6,000 Cameroon.............................................. 4,000 Chad.................................................. 3,000 Counter-Lord's Resistance Army Program................ 10,000 Democratic Republic of Congo.......................... 80,000 Djibouti.............................................. 9,000 Liberia............................................... 60,550 Malawi higher education............................... 10,000 Mali.................................................. 65,000 Niger................................................. 25,000 South Sudan........................................... 55,000 Sudan................................................. 5,000 The Gambia democracy programs......................... 2,000 Young African Leaders Initiative (YALI)............... 10,000 East Asia and the Pacific Laos.................................................. 27,000 Philippines........................................... 70,000 People's Republic of China rule of law and environment 5,000 Regional Development Mission Asia..................... 5,000 Young Southeast Asian Leaders Initiative (YSEALI)..... 2,000 South and Central Asia Bangladesh............................................ 122,200 Labor programs.................................... [3,000] India................................................. 25,000 Maldives.............................................. 2,200 Nepal................................................. 40,000 Western Hemisphere Barbados and Eastern Caribbean........................ 2,000 Haiti................................................. 51,000 Reforestation..................................... [8,500] Global Programs Bureau for Food Security.............................. [[Page H11430]] Community Development Fund........................ [80,000] Feed the Future Innovation Labs................... [55,000] Global Crop Diversity Trust....................... [5,500] Combating child marriage.............................. 15,000 Development Innovation Ventures....................... 23,000 Disability Programs................................... 10,000 Leahy War Victims Fund................................ 13,500 Low Cost Eyeglasses Pilot Program..................... 3,500 Mobility Pilot Program................................ 1,500 Ocean Freight Reimbursement Program................... 1,500 Trade Capacity Building............................... 20,000 USAID Advisor for Indigenous Peoples Issues........... 4,250 Victims of Torture.................................... 12,000 Wheelchairs........................................... 5,000 ------------------------------------------------------------------------ Advisor for Indigenous Peoples Issues.--The agreement includes not less than $4,250,000 for the USAID Advisor for Indigenous Peoples Issues, of which $3,500,000 is for programs administered by the Advisor and an additional $750,000 is for personnel costs and other program-funded administrative expenses, including to enable the Advisor to carry out the activities specified under this heading in the Senate report. People's Republic of China.--The agreement provides not less than $17,000,000, including $5,000,000 under this heading and $12,000,000 under Economic Support Fund, for democracy, rule of law, and environment programs for the People's Republic of China (PRC), which may be used to support partnerships with civil society and academic institutions in the PRC, and to support activities in the Indo-Pacific region to mitigate PRC activities and investments that threaten democracy, the rule of law, and the environment. Power Africa.--The agreement provides funding consistent with prior year levels for the Power Africa initiative. Volunteers.--The agreement supports the use of skilled volunteers as included in the Senate report, and in addition, encourages USAID, Peace Corps, and the Department of State to support programs in Africa that provide opportunities for Africans to serve as community development volunteers in their own countries and elsewhere on the continent. INTERNATIONAL DISASTER ASSISTANCE The agreement provides $4,395,362,000 for International Disaster Assistance, of which $1,733,980,000 is designated for OCO/GWOT pursuant to BBEDCA. Such funds shall be apportioned to USAID not later than 60 days after enactment of the Act. TRANSITION INITIATIVES The agreement provides $92,043,000 for Transition Initiatives. COMPLEX CRISES FUND The agreement provides $30,000,000 for Complex Crises Fund. Such funds shall be apportioned to USAID not later than 60 days after enactment of the Act. ECONOMIC SUPPORT FUND The agreement provides $3,045,000,000 for Economic Support Fund. Funds for certain programs under this heading are allocated according to the following table and subject to section 7019 of the Act: ECONOMIC SUPPORT FUND [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Budget Country/Program Authority ------------------------------------------------------------------------ Africa African Union........................................... 1,600 Niger................................................... 6,000 State Africa Regional................................... 31,000 West Africa anti-slavery programs....................... 2,000 East Asia and the Pacific State East Asia and Pacific Regional.................... 15,000 Bureau of Democracy, Human Rights, and Labor........ [4,000] Middle East and North Africa Lebanon scholarships.................................... 12,000 Middle East Partnership Initiative scholarship program.. 20,000 Middle East Regional Cooperation........................ 5,000 Near East Regional Democracy............................ 55,000 Relief and Recovery Fund................................ Refugee Scholarships Program in Lebanon............. [8,000] West Bank and Gaza...................................... 75,000 South and Central Asia Afghanistan Civilian Assistance Program................. 10,000 India................................................... 24,000 Maldives................................................ 2,000 Nepal................................................... 35,000 Pakistan Civilian Assistance Program.................... 10,000 Western Hemisphere Caribbean Energy Security Initiative.................... 3,000 Cuba.................................................... 20,000 Organization of American States......................... 5,000 Global Programs Ambassador-at-Large for Global Women's Issues........... 10,000 Atrocities Prevention (sec. 7034(c)).................... 2,500 Family Planning/Reproductive Health (USAID)............. 51,050 House Democracy Partnership............................. 1,900 Office of the Coordinator for Cyber Issues.............. 5,000 Implementation of Public Law 99-415..................... 2,000 Information Communications Technology Training.......... 1,000 State Bureau of Counterterrorism and CVE................ 15,000 Global Community Engagement and Resilience Fund..... [5,000] ------------------------------------------------------------------------ The agreement provides funding for a feasibility study for the establishment of a tribunal or other justice mechanism regarding sexual violence at the level proposed in the Senate report. The Secretary of State shall consult with the Committees on Appropriations on the parameters of such study. The agreement does not provide $175,000,000 for a Diplomatic Progress Fund, as proposed in the House report. The agreement provides $9,500,000 to support the first through third organizational pillars of the Organization of American States. Under this heading, $5,000,000 is for programs to promote and protect human rights, of which not less than $500,000 is for the Office of the Special Rapporteur for Freedom of Expression, and $4,500,000 is provided under International Organizations and Programs for programs to strengthen democracy. Such funds are subject to prior consultation with the Committees on Appropriations. DEMOCRACY FUND The agreement provides $273,700,000 for Democracy Fund, of which $178,450,000 is for the Human Rights and Democracy Fund, Department of State, and $95,250,000 is for the USAID Bureau for Democracy, Conflict, and Humanitarian Assistance. The agreement provides funding for the directives included in the table under this heading in the House report. The Department of State and USAID shall consult with the Committees on Appropriations on the uses of funds, consistent with the direction in the House and Senate reports. In lieu of the directive in the House report on the annual human rights report, the Secretary of State shall consult with the Committees on Appropriations on such report. ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA The agreement provides $770,334,000 for Assistance for Europe, Eurasia and Central Asia. Department of State MIGRATION AND REFUGEE ASSISTANCE The agreement provides $3,432,000,000 for Migration and Refugee Assistance, of which $1,521,355,000 is designated for OCO/GWOT pursuant to BBEDCA. United States Emergency Refugee And Migration Assistance Fund The agreement provides $100,000 for United States Emergency Refugee and Migration Assistance Fund. Independent Agencies PEACE CORPS (INCLUDING TRANSFER OF FUNDS) The agreement provides $410,500,000 for Peace Corps. MILLENNIUM CHALLENGE CORPORATION The agreement provides $905,000,000 for Millennium Challenge Corporation, including up to $105,000,000 for administrative expenses. INTER-AMERICAN FOUNDATION The agreement provides $37,500,000 for Inter-American Foundation. Within the increase above the fiscal year 2019 level, not less than $10,000,000 is to support programs and activities in Northern Triangle countries, and $5,000,000 is to support activities elsewhere in the hemisphere. UNITED STATES AFRICAN DEVELOPMENT FOUNDATION The agreement provides $33,000,000 for United States African Development Foundation. Department of the Treasury INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE The agreement provides $30,000,000 for International Affairs Technical Assistance, of which not more than $6,000,000 is for administrative expenses. DEBT RESTRUCTURING The agreement provides $15,000,000 for Debt Restructuring to support implementation of the Tropical Forest Conservation Act, as reauthorized by the Tropical Forest Conservation Reauthorization Act of 2018 (Public Law 115-440). TITLE IV INTERNATIONAL SECURITY ASSISTANCE Department of State INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT The agreement provides $1,391,000,000 for International Narcotics Control and Law Enforcement. Funds for certain programs under this heading are allocated according to the following table and subject to section 7019 of the Act: INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Country/Program/Activity Budget Authority ------------------------------------------------------------------------ Atrocities prevention (sec. 7034(c)).................. 2,500 Argentina............................................. 2,500 Central America....................................... 170,000 Central America Regional Security Initiative...... [170,000] Combating wildlife trafficking........................ 50,000 Critical flight safety program........................ 18,000 Health monitoring systems......................... [12,500] Cybercrime and intellectual property rights........... 10,000 Demand reduction...................................... 15,000 [[Page H11431]] Haiti prison assistance............................... 10,000 International Law Enforcement Academy................. 27,000 Pakistan border security.............................. 15,000 Programs to end modern slavery........................ 25,000 Security force professionalization (sec. 7035(a)(5)).. 3,000 Tajikistan............................................ 6,000 Border security................................... [3,000] Trafficking in persons................................ 45,000 Office to Monitor and Combat Trafficking in [36,000] Persons.......................................... Western Hemisphere regional security cooperation...... 12,500 ------------------------------------------------------------------------ International Organized Crime.--The agreement provides $68,150,000 to combat international organized crime. Child Protection Compacts.--The agreement includes $5,000,000 for child protection compacts, pursuant to the Trafficking Victims Protection Act of 2000, as amended, which may be made available following consultation with the appropriate congressional committees. Haiti.--The agreement includes $10,000,000 under this heading for prison assistance in Haiti. Funds shall be prioritized for structural and other improvements to meet basic sanitation, medical, nutritional, and safety needs at the National Penitentiary. The Secretary of State shall consult with the Committees on Appropriations on the planned uses of funds. NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS The agreement provides $895,750,000 for Nonproliferation, Anti-terrorism, Demining and Related Programs. Funds for certain programs under this heading are allocated according to the following table and subject to section 7019 of the Act: NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Program/Activity Budget Authority ------------------------------------------------------------------------ Nonproliferation programs............................. 296,400 Nonproliferation and Disarmament Fund............. [30,000] Export Control and Related Border Security........ [64,000] Global Threat Reduction........................... [70,000] International Atomic Energy Agency................ [94,800] Anti-terrorism programs............................... 321,800 Anti-terrorism Assistance......................... [182,000] Terrorist Interdiction Program.................... [42,800] Counterterrorism financing........................ [12,500] Counterterrorism Partnerships Fund................ [84,500] Conventional weapons destruction...................... 227,550 Humanitarian demining............................. [190,000] of which, Angola.................................. [7,000] of which, Cambodia................................ [7,000] of which, Iraq.................................... [40,000] of which, Kosovo.................................. [5,000] of which, Laos.................................... [37,500] of which, Sri Lanka............................... [5,500] of which, Vietnam................................. [17,500] of which, Zimbabwe................................ [2,500] ------------------------------------------------------------------------ In addition to funds designated in the table for Iraq, funds made available for the Relief and Recovery Fund should be made available for humanitarian demining in Iraq. PEACEKEEPING OPERATIONS The agreement provides $457,348,000 for Peacekeeping Operations, of which $325,213,000 is designated for OCO/GWOT pursuant to BBEDCA. Funds under this heading are allocated according to the following table and subject to section 7019 of the Act: PEACEKEEPING OPERATIONS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Country/Program/Activity Budget Authority ------------------------------------------------------------------------ Africa................................................ 281,348 Central African Republic.......................... [8,000] Democratic Republic of the Congo.................. [3,000] Liberia........................................... [1,000] Somalia........................................... [208,108] South Sudan....................................... [20,000] Africa Regional................................... [41,240] Near East............................................. 31,000 Multinational Force and Observers................. [31,000] Political-Military Affairs............................ 145,000 Global Peace Operations Initiative Training [10,000] Infrastructure................................... Security Force Professionalization (Sec. [3,000] 7035(a)(5))...................................... ------------------------------------------------------------------------ Funds Appropriated to the President INTERNATIONAL MILITARY EDUCATION AND TRAINING The agreement provides $112,925,000 for International Military Education and Training. In lieu of the directive under this heading in the Senate report, funds in the Act shall be made available for assistance for foreign governments, consistent with applicable provisions of law, for purposes of improving the implementation of section 548(a) of the FAA. FOREIGN MILITARY FINANCING PROGRAM The agreement provides $6,156,924,000 for Foreign Military Financing Program, of which $511,909,000 is designated for OCO/GWOT pursuant to BBEDCA. Funds under this heading for certain countries are allocated according to the following table and subject to section 7019 of the Act: FOREIGN MILITARY FINANCING PROGRAM [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Country Budget Authority ------------------------------------------------------------------------ Belize................................................ 1,000 Colombia.............................................. 38,525 Costa Rica............................................ 7,500 Egypt................................................. 1,300,000 El Salvador........................................... 1,900 Estonia............................................... 8,000 Georgia............................................... 35,000 Indonesia............................................. 14,000 Iraq.................................................. 250,000 Israel................................................ 3,300,000 Jordan................................................ 425,000 Latvia................................................ 8,000 Lithuania............................................. 8,000 Mexico................................................ 5,000 Morocco............................................... 10,000 Panama................................................ 2,000 Tunisia............................................... 85,000 Ukraine............................................... 115,000 Vietnam............................................... 12,000 ------------------------------------------------------------------------ The reports and certifications required by section 36 of the Foreign Military Sales Act (22 U.S.C. 2776) shall be submitted concurrently to the Committees on Appropriations. TITLE V MULTILATERAL ASSISTANCE Funds Appropriated to the President INTERNATIONAL ORGANIZATIONS AND PROGRAMS The agreement provides $390,500,000 for International Organizations and Programs. Funds under this heading are allocated according to the following table and subject to section 7019 of the Act: INTERNATIONAL ORGANIZATIONS AND PROGRAMS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Organizations/Programs Budget Authority ------------------------------------------------------------------------ International Chemicals and Toxins Programs........... 3,175 International Civil Aviation Organization............. 1,200 International Conservation Programs................... 7,000 International Development Law Organization............ 400 International Maritime Organization................... 325 Montreal Protocol Multilateral Fund................... 32,000 OAS Development Assistance Programs................... 4,500 Regional Cooperation Agreement on Combating Piracy and 50 Armed Robbery Against Ships in Asia.................. UN Capital Development Fund........................... 1,100 UN Children's Fund.................................... 139,000 of which, Combating female genital mutilation [5,000] programs......................................... UN Democracy Fund..................................... 3,500 UN Development Program................................ 81,550 UN Environmental Programs............................. 10,600 UN Intergovernmental Panel on Climate Change/ UN 6,400 Framework Convention on Climate Change............... UN High Commissioner for Human Rights................. 14,500 of which, Honduras................................ [1,000] of which, Colombia................................ [1,000] of which, Guatemala............................... [1,000] UN Human Settlements Program.......................... 700 UN Office for the Coordination of Humanitarian Affairs 3,500 UN Office of the Special Coordinator on Improving the 1,500 UN Response to Sexual Exploitation and Abuse......... UN Resident Coordinator System........................ 23,000 UN Special Representative of the Secretary-General for 1,750 Sexual Violence in Conflict.......................... UN Trust Fund to End Violence Against Women........... 1,500 UN Voluntary Fund for Technical Cooperation in the 1,150 Field of Human Rights................................ UN Voluntary Fund for Victims of Torture.............. 8,000 UN Women.............................................. 10,000 World Meteorological Organization..................... 1,000 World Trade Organization Technical Assistance......... 600 ------------------------------------------------------------------------ West Bank and Gaza.--The agreement does not include assistance for the West Bank and Gaza under this heading, as proposed in the House report. United Nations Intergovernmental Panel on Climate Change.-- The agreement includes a contribution to the United Nations Intergovernmental Panel on Climate Change under this heading instead of Economic Support and Development Fund, as proposed in the President's budget request. International Financial Institutions GLOBAL ENVIRONMENT FACILITY The agreement provides $139,575,000 for Global Environment Facility, including $136,563,000 for the second installment of the seventh replenishment of the Global Environment Facility, which if annualized over four years would equal $546,252,000. CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT The agreement provides $206,500,000 for Contribution to the International Bank for Reconstruction and Development for the first of six installments under the current general and selective capital increases. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The agreement provides $1,421,275,728.70 for Limitation on Callable Capital Subscriptions. CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION The agreement provides $1,097,010,000 for Contribution to the International Development Association. [[Page H11432]] CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND The agreement provides $47,395,000 for Contribution to the Asian Development Fund. CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND The agreement provides $171,300,000 for Contribution to the African Development Fund. CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT The agreement provides $30,000,000 for Contribution to the International Fund for Agricultural Development, which if annualized over three years would equal $90,000,000. TITLE VI EXPORT AND INVESTMENT ASSISTANCE Export-Import Bank of the United States INSPECTOR GENERAL The agreement provides $5,700,000 for Inspector General for the Export-Import Bank of the United States, of which $855,000 may remain available until September 30, 2021. ADMINISTRATIVE EXPENSES The agreement provides $110,000,000 for Administrative Expenses for the Export-Import Bank of the United States, of which $16,500,000 may remain available until September 30, 2021. RECEIPTS COLLECTED The agreement does not include the authority proposed in the Senate bill for the Export-Import Bank to retain collected receipts to fund the Bank's carryover account. United States International Development Finance Corporation INSPECTOR GENERAL The agreement provides $2,000,000 for Inspector General for United States International Development Finance Corporation. CORPORATE CAPITAL ACCOUNT The agreement provides $299,000,000 for Corporate Capital Account, including $119,000,000 for administrative expenses and project-specific transaction costs as described in section 1434(k) of the BUILD Act of 2018 (division F of Public Law 115-254); $150,000,000 for the activities described in section 1421(c) of such Act; and $30,000,000 to be paid to the United States International Development Finance Corporation (DFC) Program Account. Equity Agreements.--The DFC CEO shall submit the reports under this heading in the House report in the manner described, except such reports shall be submitted not later than 15 days prior to the initial obligation of funds for each such agreement. Not later than October 31, 2020, the CEO shall submit to the Committees on Appropriations a consolidated report covering all equity agreements for which the DFC has obligated funds during the previous fiscal year, which shall include updates to the previously submitted reports, as necessary. The CEO shall consult with the Committees on Appropriations on the elements of such reports. Equity and Hybrid Investments.--Not later than 180 days after enactment of the Act, the DFC CEO shall submit a report to the appropriate congressional committees on the progress and efficacy of leveraging equity investments and related hybrid instruments, such as debt financing with redemption rights, in relation to advancing the DFC's statement of policy and purposes described in the BUILD Act of 2018. Fees Collection Report.--Not later than 90 days after enactment of the Act and every 90 days thereafter until September 30, 2020, the DFC CEO shall submit a report to the Committees on Appropriations on fees charged and collected pursuant to the BUILD Act of 2018, following consultation with the Committees on Appropriations. Transition Status.--Not later than 60 days after enactment of the Act, the DFC CEO shall submit the report under this heading in the House and Senate reports in the manner described. PROGRAM ACCOUNT The agreement provides $30,000,000 for Program Account transferred from Corporate Capital Account. TRADE AND DEVELOPMENT AGENCY The agreement provides $79,500,000 for Trade and Development Agency, including not more than $19,000,000 for administrative expenses. TITLE VII GENERAL PROVISIONS The following general provisions are contained in the Act. Each is designated as unchanged, modified, or new as compared to division F of Public Law 116-6: Section 7001. Allowances and Differentials (unchanged) Section 7002. Unobligated Balances Report (unchanged) Section 7003. Consulting Services (unchanged) Section 7004. Diplomatic Facilities (modified) The Secretary of State shall continue to provide the quarterly reports on new embassy and consulate compound projects as required by section 7004(h) of division F of Public Law 116-6 and shall include in such reports the new embassy compound in Jerusalem, Israel. Section 7005. Personnel Actions (unchanged) Section 7006. Prohibition on Publicity or Propaganda (unchanged) Section 7007. Prohibition Against Direct Funding for Certain Countries (unchanged) Section 7008. Coups d'Etat (unchanged) Section 7009. Transfer of Funds Authority (modified) New transfer authority associated with the DFC is included in the provision, and certain authorities in titles VII and VIII of division F of Public Law 116-6 are consolidated under this heading. Section 7010. Prohibition and Limitation on Certain Expenses (modified) Section 7011. Availability of Funds (unchanged) Section 7012. Limitation on Assistance to Countries in Default (unchanged) Section 7013. Prohibition on Taxation of United States Assistance (unchanged) Section 7014. Reservations of Funds (unchanged) Section 7015. Notification Requirements (modified) Departments and agencies funded by the Act shall comply with the directive under this section in the House report related to the use of notwithstanding authority. Consistent with section 7015(j)(1) of division F of Public Law 116-6, the Secretary of State shall continue to inform the appropriate congressional committees of each instance in which funds appropriated by the Act or that are made available for assistance for the countries and for the programs and activities listed in such subsection are diverted or destroyed. The Secretary of State shall consult with the Committees on Appropriations at least seven days prior to informing a government of, or publicly announcing a decision on, the suspension of assistance to a country in the manner described in section 7015(j)(2) of division F of Public Law 116-6. The agreement requires notification of changes in programs, projects, and activities as specified in the Act, which shall include any entities established pursuant to the Federal Advisory Committee Act. Section 7016. Document Requests, Records Management, and Related Cybersecurity Protections (modified) Section 7017. Use of Funds in Contravention of the Act (unchanged) Section 7018. Prohibition on Funding for Abortions and Involuntary Sterilization (unchanged) Section 7019. Allocations and Reports (modified) Section 7020. Multi-Year Pledges (modified) Section 7021. Prohibition on Assistance to Governments Supporting International Terrorism (unchanged) Section 7022. Authorization Requirements (unchanged) Section 7023. Definition of Program, Project, and Activity (unchanged) Section 7024. Authorities for the Peace Corps, Inter-American Foundation and United States African Development Foundation (unchanged) Section 7025. Commerce, Trade and Surplus Commodities (unchanged) Section 7026. Separate Accounts (modified) The USAID Administrator shall include in the fiscal year 2021 CBJ the use of local currencies for the administrative requirements of the United States government as authorized under this section including the amount (and United States dollar equivalent) to be used for such purpose in each applicable country. Section 7027. Eligibility for Assistance (unchanged) Section 7028. Local Competition (modified) Section 7029. International Financial Institutions (modified) Section 7030. Insecure Communications Networks (new) The Secretary of State shall submit the strategy required by section 7030(b) of the Senate bill in the manner described. Funds made available by the Act for programs under this section shall be subject to the regular notification procedures of the Committees on Appropriations. Section 7031. Financial Management and Budget Transparency (modified) Not later than 90 days after enactment of the Act and every 6 months thereafter until September 30, 2021, the USAID Administrator shall submit to the Committees on Appropriations a report that details all assistance provided through government-to-government mechanisms by country, funding source and amount, and type of procurement instrument, including whether the assistance was provided on a reimbursable basis. For the purposes of subsection (b), ``minimum requirements of fiscal transparency'' shall mean the public disclosure of a country's national budget, including income and expenditures by ministry, and government contracts and licenses for natural resource extraction including bidding and concession allocation practices. The annual Fiscal Transparency Report shall identify the significant progress made by each government to publicly disclose national budget documentation, contracts, and licenses, which are additional to information disclosed in previous years, specific recommendations of short- and long- term steps such government should take to improve fiscal transparency, and a detailed description of how funds appropriated by the Act are being used to improve fiscal transparency including benchmarks for measuring progress. The United States may support the assistance referenced in subsection (d) if the recipient government has adopted laws, regulations, or procedures that: (1) accurately account for and publicly disclose payments to the government by companies involved in the extraction and export of natural resources; (2) include independent auditing of accounts receiving such payments and the public disclosure of such audits; and (3) require public disclosure of agreement and bidding documents, as appropriate. Foreign Assistance Website Consolidation.--In lieu of the requirement under this heading in [[Page H11433]] the Senate report, the Secretary of State and USAID Administrator shall report to the Committees on Appropriations, not later than 60 days after enactment of the Act, on the process and timeline required to consolidate Foreign Aid Explorer (FAE) and ForeignAssistance.gov (FA.gov) into one database, which should take effect not later than October 1, 2021. The report shall include a description of: (1) the datasets captured on FAE and FA.gov, including proposed steps to reconcile duplicative or inconsistent data; (2) the timeline, cost, and systems changes required to maintain functionality for unique reporting requirements; (3) post-merger roles and responsibilities of each agency to maintain the accuracy of data in the consolidated database; and (4) a cost-sharing agreement, as appropriate. Section 7032. Democracy Programs (modified) The agreement provides a total of not less than $2,400,000,000 for democracy programs. Such funds are not intended for attribution to other sector or program directives included in the Act. Subsection (a)(2) designates not less than $102,040,000 for DRL for certain countries and regional programs. Such funds are allocated according to the following table and subject to section 7019 of the Act: BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, DEPARTMENT OF STATE [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account/Program Budget Authority ------------------------------------------------------------------------ Economic Support Fund Burma............................................. 4,000 Maldives.......................................... 500 Near East Regional Democracy...................... 15,000 North Korea....................................... 4,000 People's Republic of China........................ 12,000 South Sudan....................................... 1,000 Sri Lanka......................................... 2,000 Sudan............................................. 1,000 Syria............................................. 11,000 Venezuela......................................... 10,000 Yemen............................................. 3,000 Human Rights Defenders Fund....................... 11,500 Assistance for Europe, Eurasia and Central Asia Europe and Eurasia Regional....................... 22,000 of which, Internet Freedom........................ [4,500] Uzbekistan........................................ 3,000 ------------------------------------------------------------------------ International Freedom of Expression.--Funds made available pursuant to subsection (i)(2) to defend freedom of expression and the independence of the media abroad shall include assistance to counter the use of criminal defamation laws and extralegal means to restrict access to public information and persecute members of civil society, including journalists, bloggers, and citizen journalists, and to strengthen the resilience of such individuals at local and national levels. Modernization of Elections Assistance Report.--In lieu of the directive to the NED President in the Senate report regarding a report on the modernization of elections assistance, the USAID Administrator shall submit such report, in consultation with organizations with expertise in electoral processes, in the manner described. Section 7033. International Religious Freedom (modified) The agreement includes not less than $10,000,000 under Economic Support Fund for programs to protect and investigate the persecution of religious minorities and not less than $10,000,000 for international religious freedom programs under Democracy Fund. Section 7034. Special Provisions (modified) The agreement extends the period of availability of a portion of fiscal year 2019 funds appropriated for the Western Hemisphere Drug Policy Commission until September 30, 2021. Cultural Preservation Project Determination.--The Secretary of State and USAID Administrator shall comply with the directive under this heading in this section in the House report. Trafficking Case Update.--Not later than 30 days after enactment of the Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing steps taken by the Department of State during the previous calendar year to encourage the Government of Malawi to make full payment of the final judgment rendered in November 2016 in the human trafficking case Lipenga v. Kambalame, United States District Court for the District of Maryland, Case No. 8:14-cv-03980. Section 7035. Law Enforcement and Security (modified) The Secretary of State shall submit the report on vetting required by section 7049(d)(3) of division F of Public Law 116-6 in the manner described. Section 7036. Arab League Boycott of Israel (unchanged) Section 7037. Palestinian Statehood (unchanged) Section 7038. Prohibition on Assistance to the Palestinian Broadcasting Corporation (unchanged) Section 7039. Assistance for the West Bank and Gaza (unchanged) Section 7040. Limitation on Assistance for the Palestinian Authority (unchanged) Section 7041. Middle East and North Africa (modified) Egypt.--Funds for Egypt are allocated according to the following table and subject to section 7019 of the Act: EGYPT [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account Budget Authority ------------------------------------------------------------------------ Economic Support Fund................................. 125,000 International Narcotics Control and Law Enforcement... 2,000 Nonproliferation, Anti-terrorism, Demining and Related 3,000 Programs............................................. International Military Education and Training......... 1,800 Foreign Military Financing Program.................... 1,300,000 ----------------- Total............................................. 1,431,800 ------------------------------------------------------------------------ Not later than 90 days after enactment of the Act, the Secretary of State shall submit a report to the appropriate congressional committees describing the implementation of Egyptian Law 149/2019 and its impact on Egyptian and foreign NGOs. Not later than 45 days after enactment of the Act, the USAID Administrator shall consult with the Committees on Appropriations on the use of funds made available for scholarships, including how such funds will be administered by institutions of higher education in Egypt. Iraq.--The Secretary of State shall submit the plan required by section 7031(c)(3) of the Senate bill in the manner described. Funds for Iraq are allocated according to the following table and subject to section 7019 of the Act: IRAQ [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account/Program Budget Authority ------------------------------------------------------------------------ Economic Support Fund................................. 150,000 Marla Ruzicka Iraqi War Victims Fund.............. [7,500] Scholarships...................................... [10,000] International Narcotics Control and Law Enforcement... 5,600 Nonproliferation, Anti-terrorism, Demining and Related 45,000 Programs............................................. International Military Education and Training......... 1,000 Foreign Military Financing Program.................... 250,000 ------------------------------------------------------------------------ In carrying out the programs included in paragraph (1)(D) of subsection (c), the Secretary of State shall work with the Government of Iraq to ensure security forces reflect the ethno-sectarian makeup of the areas in which they operate by integrating local populations into such forces. Jordan.--In addition to the amounts designated in the Act for Economic Support Fund and Foreign Military Financing Program for assistance for Jordan, the agreement includes not less than $13,600,000 under Nonproliferation, Anti-terrorism, Demining and Related Programs and not less than $4,000,000 under International Military Education and Training for assistance for Jordan. Subsection (d) also makes an additional $125,000,000 available for assistance for Jordan from prior fiscal year Economic Support Fund. Lebanon.-- The agreement provides assistance for Lebanon at levels consistent with the prior fiscal year. Libya.--The agreement includes not less than $40,000,000 under the Relief and Recovery Fund for stabilization assistance for Libya, including support for a United Nations- facilitated political process and border security. Morocco.--Additional funds provided for Morocco under Nonproliferation, Anti-terrorism, Demining and Related Programs shall be used to address security threats emanating from Libya and the Sahel. Funds for Morocco are allocated according to the following table and are subject to section 7019 of the Act: MOROCCO [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account Budget Authority ------------------------------------------------------------------------ Development Assistance................................ 10,000 Economic Support Fund................................. 10,000 International Narcotics Control and Law Enforcement... 5,000 Nonproliferation, Anti-terrorism, Demining and Related 4,000 Programs............................................. International Military Education and Training......... 2,000 Foreign Military Financing Program.................... 10,000 ------------------------------------------------------------------------ Syria.--The agreement provides assistance to continue to strengthen the capability of Syrian civil society organizations to address the immediate and long-term needs of the Syrian people in the manner described under this section in the House report. Tunisia.--The agreement provides not less than $191,400,000 for assistance for Tunisia. Such funds are allocated according to the following table and subject to section 7019 of the Act: TUNISIA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account Budget Authority ------------------------------------------------------------------------ Development Assistance................................ 40,000 Economic Support Fund................................. 45,000 International Narcotics Control and Law Enforcement... 13,000 Nonproliferation, Anti-terrorism, Demining and Related 6,100 Programs............................................. International Military Education and Training......... 2,300 [[Page H11434]] Foreign Military Financing Program.................... 85,000 ----------------- Total............................................. 191,400 ------------------------------------------------------------------------ Subsection (j) makes an additional $50,000,000 available for assistance for Tunisia from prior year Economic Support Fund. West Bank and Gaza.--The agreement provides $75,000,000 under International Narcotics Control and Law Enforcement for security assistance programs for the West Bank and $75,000,000 under Economic Support Fund for the humanitarian and development needs of the Palestinian people in the West Bank and Gaza. Such funds shall be made available if the Anti Terrorism Clarification Act of 2018 is amended to allow for their obligation. Not later than 60 days after enactment of the Act, the Secretary of State shall update the report regarding assistance for the West Bank and Gaza required under this heading in the joint explanatory statement accompanying division F of Public Law 116-6. Yemen.--The agreement provides $40,000,000 under title III of the Act and prior Acts for stabilization assistance for Yemen, including for a contribution for United Nations stabilization and governance facilities, and to meet the needs of vulnerable populations, including women and girls. Section 7042. Africa (modified) Democratic Republic of the Congo.--The agreement provides $1,500,000 for a new initiative to increase transparency, equality, and accountability in the Democratic Republic of the Congo, as described under this section in the Senate report. The USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of funds for such initiative. Mali.--The agreement provides $8,000,000 for a new partnership program to strengthen civil society in Mali. The USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of funds for such partnership. Sudan.--The agreement includes new exclusions for agriculture and economic growth programs from the limitation on assistance for the Government of Sudan in subsection (i)(1), and a new requirement that any new program or activity in Sudan shall be subject to prior consultation with the appropriate congressional committees. The agreement assumes assistance will be made available to support the civilian-led transitional government in Sudan utilizing the expanded exclusions in this subsection and applicable notwithstanding authorities. Section 7043. East Asia and the Pacific (modified) Burma.--The agreement provides not less than $131,450,000 under title III of the Act for assistance for Burma, including for the purposes described under this heading in the House and Senate reports, and to further consolidate democracy following anticipated elections in 2020. Funds are allocated for assistance for Burma according to the following table and subject to section 7019 of the Act: BURMA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account/Program Budget Authority ------------------------------------------------------------------------ Development Assistance................................ 30,000 Higher education programs......................... [10,000] Economic Support Fund................................. 65,000 Documentation of human rights violations.......... [3,750] International Narcotics Control and Law Enforcement... 3,500 ------------------------------------------------------------------------ Cambodia.--The agreement provides not less than $82,505,000 under title III of the Act for assistance for Cambodia. Funds are allocated for assistance for Cambodia according to the following table and subject to section 7019 of the Act: CAMBODIA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account/Program Budget Authority ------------------------------------------------------------------------ Development Assistance................................ 58,000 Access to health and social services for survivors [5,000] of the Khmer Rouge............................... Environment programs.............................. [10,000] Democracy programs................................ [23,000] Youth empowerment and countering People's Republic [5,000] of China influence............................... Nonproliferation, Anti-terrorism, Demining and Related 7,000 Programs............................................. ------------------------------------------------------------------------ Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018.--The agreement provides a total of not less than $2,542,000,000 to support implementation of the Indo-Pacific Strategy (IPS) and Public Law 115-409, of which not less than $760,000,000 is made available under title I for diplomatic operations, public diplomacy, and democracy programs and not less than $1,482,000,000 under titles III and IV. Countering Chinese Influence Fund.--The agreement provides not less than $300,000,000 for the Countering Chinese Influence Fund. Funds are allocated according to the following table and subject to section 7019 of the Act: COUNTERING CHINESE INFLUENCE FUND [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account/Program Budget Authority ------------------------------------------------------------------------ Development Assistance................................ 75,000 Economic Support Fund................................. 80,000 BRI transparency and accountability programs...... [25,000] International Narcotics Control and Law Enforcement... 70,000 Countering transnational crime on the Mekong River [20,000] Nonproliferation, Anti-terrorism, Demining and Related 25,000 Programs Foreign Military Financing Program.................... 50,000 ------------------------------------------------------------------------ Not later than 90 days after enactment of the Act, the Department of the Treasury shall provide a report to the Committees on Appropriations on United States efforts to ensure that international financial institutions and other multilateral entities are not supporting malign Chinese efforts to finance natural resource extraction or infrastructure projects in the Indo-Pacific and elsewhere around the world, including through the Belt and Road Initiative (BRI). Such report shall detail United States initiatives, including through the multilateral development banks, to effectively address predatory and opaque Chinese development financing that may be used in support of Beijing's larger geopolitical ambitions. Indonesia.--Funds are allocated for assistance for Indonesia according to the following table and subject to section 7019 of the Act: INDONESIA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account Budget Authority ------------------------------------------------------------------------ Development Assistance................................ 63,000 International Narcotics Control and Law Enforcement... 10,625 Nonproliferation, Anti-terrorism, Demining and Related 6,000 Programs............................................. International Military Education and Training......... 2,650 Foreign Military Financing Program.................... 14,000 ------------------------------------------------------------------------ Laos.--The agreement provides not less than $34,280,000 under title III of the Act for assistance for Laos. The agreement includes funds for the DFC to carry out a feasibility study and program in Laos, as appropriate, in the manner described under this heading in the Senate report. The agreement also includes $6,000,000 for maternal and child health and nutrition programs for Laos under Global Health Programs. People's Republic of China.--The agreement provides not less than $1,500,000 for democracy programs in Hong Kong. Thailand.--The agreement includes funds for trilateral programs with Thailand, which shall be subject to prior consultation with the Committees on Appropriations. Funds are allocated for assistance for Thailand according to the following table and subject to section 7019 of the Act: THAILAND [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account/Program Budget Authority ------------------------------------------------------------------------ Development Assistance................................ 2,000 Economic Support Fund................................. 5,000 Democracy and reconciliation programs............. [4,000] Trilateral programs............................... [1,000] ------------------------------------------------------------------------ Timor-Leste.--Funds are allocated for assistance for Timor- Leste according to the following table and subject to section 7019 of the Act: TIMOR-LESTE [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account Budget Authority ------------------------------------------------------------------------ Development Assistance................................ 16,000 International Narcotics Control and Law Enforcement... 800 International Military Education and Training......... 500 ------------------------------------------------------------------------ Vietnam.--The agreement provides not less than $159,634,000 for assistance for Vietnam. Funds are allocated for assistance for Vietnam according to the following table and subject to section 7019 of the Act: VIETNAM [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account/Program Budget Authority ------------------------------------------------------------------------ Development Assistance................................ 60,250 Higher education assistance/Vietnam Education [10,000] Foundation Act of 2000........................... Economic Support Fund................................. 30,000 Trilateral programs............................... [1,000] Nonproliferation, Anti-terrorism, Demining and Related 17,500 Programs............................................. Humanitarian demining............................. [17,500] International Military Education and Training......... 1,800 Foreign Military Financing Program.................... 12,000 ------------------------------------------------------------------------ Section 7044. South and Central Asia (modified) Afghanistan.--Not later than 90 days after enactment of the Act, the USAID Administrator shall consult with the Committees on [[Page H11435]] Appropriations on the proposed uses of funds for the Afghan Civilian Assistance Program and the Pakistan Civilian Assistance Program to assist civilians who have been harmed as a result of military operations, which shall be implemented in the manner described in the Senate report. Not later than 45 days after enactment of the Act, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit a report to the appropriate congressional committees describing the steps taken to meet the requirements of subsection (a)(2)(A), including the detailed description required under this heading in the Senate report. Pakistan.--The agreement continues the terms and conditions for assistance for Pakistan from the prior year, including the requirement to withhold certain funds related to the release of Dr. Shakil Afridi. The amount withheld reflects the ongoing suspension of certain security assistance and significant reductions in economic assistance made available for Pakistan. The Secretary of State shall consult with the Committees on Appropriations on the levels of assistance for Pakistan. Sri Lanka.--For purposes of implementing subsection (e)(1), the term ``democracy program'' shall be as defined in section 7032(c) of the Act. Section 7045. Latin America and the Caribbean (modified) Central America.--Subsection (a)(1) provides not less than $519,885,000 for assistance for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, including through the Central America Regional Security Initiative. Funds for assistance for Central America are allocated according to the following table and subject to section 7019 of the Act: CENTRAL AMERICA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account/Program Budget Authority ------------------------------------------------------------------------ Development Assistance: El Salvador....................................... 70,000 National Commission for the Search of Persons [1,000] Disappeared in the Context of the Armed Conflict..... Guatemala......................................... 65,650 Honduras.......................................... 65,000 Nicaragua......................................... 10,000 Democracy and Rule of Law..................... [10,000] USAID Central America Regional.................... 5,000 ----------------- Subtotal, Development Assistance.................. 215,650 ------------------------------------------------------------------------ Economic Support Fund: State Western Hemisphere Regional Central America Regional Security Initiative...... 100,000 ----------------- Subtotal, Economic Support Fund................... 100,000 ----------------- Inter-American Foundation............................. 10,000 ------------------------------------------------------------------------ International Narcotics Control and Law Enforcement: State Western Hemisphere Regional Central America Regional Security Initiative...... 170,000 Offices of Attorneys General and other entities [45,000] and activities to combat corruption and impunity. of which, Mission to Support the Fight Against [3,500] Corruption and Impunity in Honduras.............. Costa Rica........................................ [32,500] DNA Forensic Assistance (Sec. 7034(b)(2))......... [8,000] ----------------- Subtotal, International Narcotics Control and Law 170,000 Enforcement...................................... ------------------------------------------------------------------------ Subtotal--Central America Regional Security 270,000 Initiative (non-add)............................. ------------------------------------------------------------------------ Nonproliferation, Antiterrorism, Demining and Related Programs: Panama............................................ 500 ----------------- Subtotal, Nonproliferation, Antiterrorism, 500 Demining and Related Program..................... ------------------------------------------------------------------------ International Military Education and Training: Costa Rica........................................ 725 Other Central America............................. 3,110 ----------------- Subtotal, International Military Education and 3,835 Training......................................... Foreign Military Financing Program: Belize............................................ 1,000 Costa Rica........................................ 7,500 El Salvador....................................... 1,900 Guatemala......................................... 0 Honduras.......................................... 0 Panama............................................ 2,000 State Western Hemisphere Regional................. 7,500 ----------------- Subtotal, Foreign Military Financing Program...... 19,900 Other Regional Programs Combating Sexual and Gender-Based Violence (non- [20,000] add from title III).............................. ----------------- Total......................................... 519,885 ------------------------------------------------------------------------ The agreement provides funds to establish a Central America Partnership fund to increase coordination between the United States and the Government of Mexico on development programs in Central America. The agreement includes not less than $45,000,000 for support of offices of Attorneys General and other entities and activities to combat corruption and impunity in Central America. The Secretary of State and USAID Administrator shall make such funds available for the purposes described under this section in the House and Senate reports. The agreement includes not less than $20,000,000 for combating sexual and gender-based violence in El Salvador, Guatemala, and Honduras. The Secretary of State and USAID Administrator, as appropriate, shall comply with the strategy development, reporting, and programmatic directives concerning such activities included under this section in the House and Senate reports. In making a certification pursuant to subsection (a)(2)(A) of this section concerning the governments of El Salvador, Guatemala, and Honduras, the Secretary of State shall consider the following: (1) relating to clause (i), whether such government is: cooperating with commissions against corruption and impunity and with regional human rights entities; increasing the capacity and independence of the judiciary and the Office of the Attorney General; and investigating and prosecuting in the civilian justice system government personnel who are credibly alleged to be corrupt or to have violated human rights; (2) relating to clause (ii), whether such government is: implementing tax reforms that increase government revenue and transparency in the tax collection system; and resolving commercial disputes, including but not limited to the confiscation of real property and the timely payment of amounts owed to United States entities; (3) relating to clause (iii), whether such government is protecting the right of political opposition parties and other members of civil society to operate without interference; (4) relating to clause (iv), whether such government is: creating a professional, accountable civilian police force and ending the role of the military in internal policing; and strengthening customs agencies; (5) relating to clause (v), whether such government is supporting programs to reduce poverty, expand education and vocational training for at-risk youth, creating jobs, and promoting equitable economic growth, particularly in areas contributing to large numbers of migrants; and (6) relating to clause (vii), whether such government is improving the capacity to detect and prevent illegal migration, human smuggling and trafficking, and trafficking of illicit drugs and other contraband. Costa Rica.--The agreement provides $40,725,000 for assistance for Costa Rica, as designated in the table under this section for Central America. Guatemala and Honduras.--The agreement includes no funds under Foreign Military Financing Program for assistance for either Guatemala or Honduras, as proposed in the President's budget request. Northern Triangle Spend Plans.--Not later than 60 days after enactment of the Act, the Secretary of State, in consultation with the USAID Administrator, shall submit detailed spend plans for El Salvador, Guatemala, and Honduras with specific objectives and benchmarks for the use of assistance made available by the Act. Prior Fiscal Year.--Subsection (a)(1)(B) directs that not less than $527,600,000 of the funds appropriated under titles III and IV of division F of Public Law 116-6 should be made available for assistance for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama. Such funds shall be made available under the terms and conditions in this section that apply to funds appropriated for fiscal year 2020 for assistance for Northern Triangle countries. Colombia.--Subsection (b)(1) provides not less than $448,253,000 for assistance for Colombia. Funds are allocated according to the following table and subject to section 7019 of the Act: COLOMBIA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account/Program Budget Authority ------------------------------------------------------------------------ Development Assistance................................ 61,000 Economic Support Fund................................. 146,328 Afro-Colombian and indigenous communities......... [20,000] Human rights...................................... [10,000] International Narcotics Control and Law Enforcement... 180,000 Rule of Law and Human Rights...................... [36,000] of which, Justice Sector Institutional [19,000] Strengthening and Reform......................... Nonproliferation, Anti-terrorism, Demining and Related 21,000 Programs............................................. International Military Education and Training......... 1,400 Foreign Military Financing Program.................... 38,525 Biodiversity...................................... [11,500] ----------------- Total......................................... 448,253 ------------------------------------------------------------------------ Pursuant to subsection (b)(1), funds appropriated under titles III and IV of the Act that are made available for assistance for Colombia shall be made available for programs and activities that support efforts by the Government of Colombia to: (1) assist communities impacted by significant refugee and migrant populations; (2) implement the Colombian peace agreement, including through assistance for expanding the presence of civilian institutions in rural areas and for vocational training and integration programs for former combatants, in accordance with constitutional and legal requirements in Colombia; (3) promote economic [[Page H11436]] and social development, including by improving access to areas impacted by conflict through demining programs; (4) strengthen and expand governance, the rule of law, access to justice, and respect for human rights throughout Colombia; (5) conduct a unified campaign against narcotics trafficking, organizations designated as foreign terrorist organizations pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), and other criminal or illegal armed groups; and (6) enhance security and stability in Colombia and the region. Haiti.--Subsection (c) directs that funds appropriated by the Act under Economic Support Fund may not be made available for assistance for the central Government of Haiti unless the Secretary of State certifies to the Committees on Appropriations that such Government is taking effective steps to strengthen the rule of law, combat corruption, improve governance and transparency, increase government revenues, and resolve commercial disputes. The Act also prohibits the provision of funds appropriated by the Act for assistance to the armed forces of Haiti. Mexico.--The agreement includes $157,910,000 for assistance for Mexico. Funds are allocated according to the following table and subject to section 7019 of the Act: MEXICO [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account Budget Authority ------------------------------------------------------------------------ Economic Support Fund................................. 50,000 International Narcotics Control and Law Enforcement... 100,000 Nonproliferation, Anti-terrorism, Demining and Related 1,160 Programs............................................. International Military Education and Training......... 1,750 Foreign Military Financing Program.................... 5,000 ----------------- Total............................................. 157,910 ------------------------------------------------------------------------ The Secretary of State shall follow the directive under this section in the Senate report regarding Foreign Military Financing Program assistance for Mexico. The Secretary of State should not submit the report directed under this section in the House report regarding Mexico. The Caribbean.--Subsection (d) provides not less than $60,000,000 for the Caribbean Basin Security Initiative (CBSI). Funds are allocated according to the following table and subject to section 7019 of the Act: CARIBBEAN BASIN SECURITY INITIATIVE [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account Budget Authority ------------------------------------------------------------------------ Economic Support Fund................................. 27,300 International Narcotics Control and Law Enforcement... 25,200 Foreign Military Financing Program.................... 7,500 ----------------- Total............................................. 60,000 ------------------------------------------------------------------------ In addition to funds for CBSI, the Secretary of State and USAID Administrator shall comply with the directive to expand support for strengthening resilience to emergencies and natural disasters and for other global health and development assistance. Venezuela.--Subsection (e)(1) provides not less than $30,000,000 under Economic Support Fund for democracy programs for Venezuela. In addition, paragraph (2) directs that funds shall be made available for assistance for communities in countries impacted by refugees from Venezuela, including Colombia, Peru, Ecuador, Curacao, and Trinidad and Tobago. Not later than 60 days after enactment of the Act, the Secretary of State, in consultation with the USAID Administrator, shall submit to the appropriate congressional committees a comprehensive strategy based on various political transition scenarios in Venezuela. Such strategy shall include a 3-year budget detailing anticipated levels of United States assistance necessary to mitigate the crisis in Venezuela or assist in a political transition, as relevant, including the costs of addressing the needs of Venezuelan refugees in neighboring countries. Section 7046. Europe and Eurasia (modified) Albania.--The agreement provides not less than the fiscal year 2018 funding level for assistance for Albania, including for programs to be implemented by USAID. Such assistance should include programs targeting judicial reform, good governance, counterterrorism, and defense cooperation. Accession to the European Union by Albania is of strategic importance to the United States, and the USAID transition in Albania should be conditioned upon progress toward such outcome. Georgia.--The agreement provides not less than $132,025,000 for assistance for Georgia. Funds are allocated according to the following table and subject to section 7019 of the Act: GEORGIA [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account Budget Authority ------------------------------------------------------------------------ Assistance for Europe, Eurasia and Central Asia....... 83,025 International Narcotics Control and Law Enforcement... 5,700 Nonproliferation, Anti-terrorism, Demining and Related 1,100 Programs............................................. International Military Education and Training......... 2,200 Foreign Military Financing Program.................... 35,000 ------------------------------------------------------------------------ In addition to the funds specified above, the agreement includes not less than $5,000,000 under Foreign Military Financing Program for assistance for Georgia under the Countering Russian Influence Fund. Ukraine.--The agreement provides not less than $448,000,000 for assistance for Ukraine. Funds are allocated according to the following table and subject to section 7019 of the Act: UKRAINE [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account Budget Authority ------------------------------------------------------------------------ Assistance for Europe, Eurasia and Central Asia....... 250,000 International Narcotics Control and Law Enforcement... 30,000 Nonproliferation, Anti-terrorism, Demining and Related 15,000 Programs............................................. International Military Education and Training......... 2,900 Foreign Military Financing Program.................... 115,000 ------------------------------------------------------------------------ The agreement includes additional assistance under Global Health Programs for Ukraine. Section 7047. Countering Russian Influence and Aggression (modified) Countering Russian Influence Fund.--The agreement provides not less than $290,000,000 for the Countering Russian Influence Fund, which is in addition to amounts made available for bilateral assistance for countries in Europe, Eurasia and Central Asia. Funds are allocated according to the following table and subject to section 7019 of the Act: COUNTERING RUSSIAN INFLUENCE FUND [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account Budget Authority ------------------------------------------------------------------------ Assistance for Europe, Eurasia and Central Asia....... 85,000 International Narcotics Control and Law Enforcement... 62,500 International Military Education and Training......... 5,000 Foreign Military Financing Program.................... 137,500 ------------------------------------------------------------------------ Pursuant to subsection (e), not later than 90 days after enactment of the Act, the Secretary of State, in consultation with the USAID Administrator, shall submit to the appropriate congressional committees a comprehensive, multiyear strategy for the promotion of democracy and rule of law in the Russian Federation and other countries in Europe, Eurasia and Central Asia, including Central Europe. The strategy shall include cost estimates for fiscal years 2020-2023, objectives, and oversight mechanisms for such programs on a country-by- country basis. The strategy shall describe the role of civil society organizations in the promotion of democracy and rule of law in Europe, Eurasia, and Central Asia, and detail planned support for such organizations in the implementation of such strategy. Section 7048. United Nations (modified) Transparency and Accountability.--The agreement includes a withholding of funds, similar to prior years, for the United Nations (including for the United Nations Department of Peacekeeping Operations), any United Nations agency, and the Organization of American States, until the Secretary of State determines and reports that such entities are meeting certain transparency and accountability standards. Section 7049. War Crimes Tribunals (modified) Section 7050. Global Internet Freedom (modified) The agreement provides not less than $65,500,000 for programs to promote Internet freedom globally, of which $20,000,000 is from funds appropriated under United States Agency for Global Media, International Broadcasting Operations. Funds for activities appropriated under title III of the Act are allocated according to the following table and subject to section 7019 of the Act: GLOBAL INTERNET FREEDOM [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account/Program Budget Authority ------------------------------------------------------------------------ Economic Support Fund................................. 22,025 Near East Regional Democracy...................... [16,750] Democracy Fund (Department of State).................. 14,000 Democracy Fund (USAID)................................ 3,500 Assistance for Europe, Eurasia and Central Asia....... 5,975 ------------------------------------------------------------------------ Section 7051. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (unchanged) Section 7052. Aircraft Transfer, Coordination, and Use (unchanged) Section 7053. Parking Fines and Real Property Taxes Owed by Foreign Governments (unchanged) Section 7054. International Monetary Fund (unchanged) Section 7055. Extradition (unchanged) Section 7056. Impact on Jobs in the United States (modified) Section 7057. United Nations Population Fund (unchanged) Section 7058. Global Health Activities (modified) The USAID Administrator shall not carry out the directive under the heading ``Implementers'' under section 7045 of the Senate report. The agreement includes authority to reprogram $10,000,000 of Global Health Program [[Page H11437]] funds to the Emergency Reserve Fund if necessary to replenish amounts used during fiscal year 2020 to respond to emerging health threats. Section 7059. Gender Equality (modified) Pursuant to subsection (c), gender programs should incorporate coordinated efforts to combat a variety of forms of gender-based violence, including child, early, and forced marriage, rape, female genital cutting and mutilation, and domestic violence, in conflict and non-conflict settings. The agreement provides up to $100,000,000 for the Women's Global Development and Prosperity Fund and notes the allocation of $200,000,000 to such Fund prior to the initial justification of the Fund in the fiscal year 2020 budget request. Section 7060. Sector Allocations (modified) Basic Education.--Of the funds made available by subsection (a)(1)(B), $100,000,000 is included for the Global Partnership for Education and $25,000,000 is included for Education Cannot Wait. The USAID Administrator shall consult with the Committees on Appropriations on such contributions to ensure adequate monitoring, evaluation, effectiveness, and sustainability of programs. If the USAID Administrator determines that unobligated balances for basic education exceed the absorptive capacity of the country they are designated for, funds can be reprogrammed, following consultation with the Committees on Appropriations, for other development programs. The agreement includes not less than the fiscal year 2018 level for USAID's Higher Education Solutions Network. Environment Programs.--Subsection (c) includes authority for environment programs, subject to the regular notification procedures of the Committees on Appropriations. The agreement includes not less than $43,000,000 for the Central Africa Regional Program for the Environment (CARPE), of which $24,900,000 is for USAID programs and $18,100,000 is to be transferred to the United States Fish and Wildlife Service (USFWS) pursuant to 632(b) of the FAA. CARPE funds transferred to USFWS are intended for protected areas management and wildlife protection in national parks. Funds under this heading directed for transfer to other Federal agencies for environment programs should maximize the unique capabilities and technical expertise of such agencies through transfers pursuant to 632(b) of the FAA. Transfers shall occur not later than 90 days after enactment of the Act and may be made prior to the requirements of sections 7015 and 7061 of the Act having been met. Prior to the expenditure of funds, and after consultation with USAID, receiving agencies shall submit spend plans to the Committees on Appropriations and USAID detailing the intended uses of such funds. Funds for certain bilateral environment programs are allocated according to the following table and subject to section 7019 of the Act: ENVIRONMENT PROGRAMS [Budget authority in thousands of dollars] ------------------------------------------------------------------------ Account/Program Budget Authority ------------------------------------------------------------------------ Andean Amazon......................................... 23,500 Brazilian Amazon...................................... 15,000 Amazon fires...................................... [5,000] Central Africa Regional Program for the Environment 43,000 USAID............................................. [24,900] United States Fish and Wildlife Service........... [18,100] Great Apes............................................ 40,000 USAID............................................. [33,500] United States Fish and Wildlife Service........... [6,500] Guatemala/Belize...................................... 5,500 USAID............................................. [3,750] Department of the Interior........................ [1,750] Lacey Act............................................. 3,500 United States Fish and Wildlife Service............... 6,000 Migratory bird conservation....................... [1,500] Endangered sea turtles............................ [150] United States Forest Service.......................... 7,000 Ocean Plastic Pollution............................... 5,000 Toxic Chemicals....................................... 7,000 Waste Recycling....................................... 7,000 ------------------------------------------------------------------------ Funding for USAID great apes programs includes not less than $5,500,000 for the USAID/Indonesia orangutan conservation program. National Parks and Protected Areas.--In lieu of the requirement under this heading in the Senate report, funds made available for national parks and protected areas should only be made available if agreements for the obligation of funds between implementing partners and the Department of State and USAID include provisions requiring that: (1) information detailing the proposed project and potential impacts is shared with local communities and the free, prior, and informed consent of affected indigenous communities is obtained in accordance with international standards; (2) the potential impacts of the proposed project on existing land or resource claims by affected local communities or indigenous peoples are considered and addressed in any management plan; (3) any eco-guards, park rangers, and other law enforcement personnel authorized to protect biodiversity will be properly trained and monitored; and (4) effective grievance and redress mechanisms for victims of human rights violations and other misconduct exist. Funds made available for the management of national parks and protected areas may be made available to support implementation of the above requirements, and implementing partners shall provide information on these requirements to the Department of State and USAID on request. The Secretary of State and USAID Administrator shall consult with the Committees on Appropriations not later than 45 days after enactment of the Act on the implementation of these requirements. Climate.--The Secretary of State shall not carry out the reporting directive under the heading ``Climate'' under section 7060 of the House report. International Food Security.--In lieu of the Senate report on international food security unobligated balances, the agreement directs the USAID Administrator to submit a report to the Committees on Appropriations not later than 30 days after enactment of the Act and every 90 days thereafter until September 30, 2020, detailing the amount of funds obligated and the unobligated balances for food security-related activities funded under International Disaster Assistance and Development Assistance. The USAID Administrator shall consult with the Committees on Appropriations prior to the submission of such report. Section 7061. Budget Documents (modified) The Act requires all spend plans to be submitted not later than 90 days after enactment of the Act. However, the Secretary of State and USAID Administrator, as applicable, may submit partial spend plans to the Committees on Appropriations to meet such requirement following consultation with the Committees on Appropriations. Such spend plans shall clearly identify any amount remaining to be submitted, any amount previously submitted, and any actual or projected changes to the total required amount. Section 7062. Reorganization (modified) Section 7063. Department of State Management (modified) The agreement includes funding for not less than 12,870 permanent Civil Service staff and 13,031 permanent Foreign Service Officers, consistent with the number of staff funded in the Department's fiscal year 2019 operational plan under Diplomatic Engagement and on-board staffing levels in fiscal year 2016, restoring State Department personnel to pre-hiring freeze levels. Section 7064. United States Agency for International Development Management (modified) The agreement includes funding under Operating Expenses for not less than 1,600 permanent Civil Service staff and 1,850 permanent Foreign Service Officers, consistent with staffing levels funded in fiscal year 2016 and restoring USAID personnel to pre-hiring freeze levels. Not later than 60 days after enactment of the Act, the USAID Administrator shall provide the Committees on Appropriations a strategic workforce plan, including staffing allocations by region and bureau, consistent with the increased staffing levels funded in the agreement. In order to meet these new hiring targets, the USAID Administrator is directed to use its strategic workforce plan to guide and appropriately prioritize civil service hiring and to suspend the further use of a centralized hiring board to approve hiring actions on a position-by-position basis. Section 7065. Stabilization and Development in Regions Impacted by Extremism and Conflict (modified) Relief and Recovery Fund.--The agreement provides not less than $200,000,000 for the Relief and Recovery Fund, of which $85,000,000 is under Economic Support Fund, $25,000,000 is under International Narcotics Control and Law Enforcement, $25,000,000 is under Nonproliferation, Anti-terrorism, Demining and Related Programs, $40,000,000 is under Peacekeeping Operations, and $25,000,000 is under Foreign Military Financing Program. The agreement includes funds to implement the Global Fragility Act of 2019, including for the Global Fragility Fund authorized by such Act, if such Act is enacted into law. Section 7066. Disability Programs (modified) Section 7067. Debt-for-Development (unchanged) Section 7068. Enterprise Funds (unchanged) Section 7069. Rescissions (modified) The agreement rescinds $578,744,000, of which $282,462,000 is designated for OCO/GWOT pursuant to the BBEDCA. Of the total, $232,000,000 is from unobligated Economic Support Fund balances, $242,462,000 is from embassy construction projects for which there are no longer existing requirements, $40,000,000 is from unobligated Complex Crises Fund balances, and $64,282,000 is from unobligated Export-Import Bank tied- aid balances. The Act does not include the following general provisions from division F of Public Law 116-6: Section 7037, Section 7050, Section 7051, Section 7063, and Section 7064. [[Page H11438]] [GRAPHIC] [TIFF OMITTED] TH161219.275 [[Page H11439]] [GRAPHIC] [TIFF OMITTED] TH161219.276 [[Page H11440]] [GRAPHIC] [TIFF OMITTED] TH161219.277 [[Page H11441]] [GRAPHIC] [TIFF OMITTED] TH161219.278 [[Page H11442]] [GRAPHIC] [TIFF OMITTED] TH161219.279 [[Page H11443]] [GRAPHIC] [TIFF OMITTED] TH161219.280 [[Page H11444]] [GRAPHIC] [TIFF OMITTED] TH161219.281 [[Page H11445]] [GRAPHIC] [TIFF OMITTED] TH161219.282 [[Page H11446]] [GRAPHIC] [TIFF OMITTED] TH161219.283 [[Page H11447]] [GRAPHIC] [TIFF OMITTED] TH161219.284 [[Page H11448]] [GRAPHIC] [TIFF OMITTED] TH161219.285 [[Page H11449]] [GRAPHIC] [TIFF OMITTED] TH161219.286 [[Page H11450]] [GRAPHIC] [TIFF OMITTED] TH161219.287 [[Page H11451]] [GRAPHIC] [TIFF OMITTED] TH161219.288 [[Page H11452]] [GRAPHIC] [TIFF OMITTED] TH161219.289 [[Page H11453]] [GRAPHIC] [TIFF OMITTED] TH161219.290 [[Page H11454]] DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 Congressional Directives Unless otherwise noted, the language and allocations set forth in the House report (House Report 116-106) and the Senate report (Senate Report 116-109) carry the same weight as language included in this statement and should be complied with unless specifically addressed to the contrary in this division or statement. House report language and Senate report language, neither of which is changed by this statement, is a result of the 2020 appropriations agreement. This statement, while repeating some report language for emphasis, does not intend to negate the language referred to above unless expressly provided herein. In cases where the House or the Senate has directed the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations. The Department of Transportation and the Department of Housing and Urban Development are directed to notify the House and Senate Committees on Appropriations seven days prior to the announcement of a new program, initiative, or authority. Any reprogramming requests must be submitted to the Committees on Appropriations no later than June 30, 2020. OTHER MATTERS Contracting.--Instead of requiring each Department and agency to include information on advertising contracts in its fiscal year 2021 budget justification, each Department and agency shall furnish such information in a report to the Committees no later than 30 days after the submission of the fiscal year 2021 budget request. Targeted investments in impoverished areas.--If current data collected by the Departments and agencies for a program are unable to be readily aggregated by county or census tract, then a statement on the limitations of the data for that program shall satisfy such reporting requirement. MEGABYTE Act.--The agreement notes that both the Departments of Transportation and Housing and Urban Development have received a passing grade on the most recent Biannual Federal Information Technology Acquisition Reform Act Scorecard for software licensing. TITLE I--DEPARTMENT OF TRANSPORTATION Office of the Secretary SALARIES AND EXPENSES The bill provides $115,490,000 for the salaries and expenses of the Office of the Secretary. Travel and Tourism.--The agreement sustains support for the national advisory committee on travel and tourism infrastructure and directs the Secretary to provide the strategic plan required in the Senate report within 90 days of enactment of this Act. Intelligent Transportation Systems.--The agreement directs the Secretary to submit a report to the House and Senate Committees on Appropriations as described in section 105 of the Senate bill within 90 days of enactment of this Act. Bonuses.--The agreement directs the Secretary to submit a report to the House and Senate Committees on Appropriations on the Department of Transportation's existing policies and Operating Administration's guidance on retention and senior executive bonuses and an analysis of each Operating Administration's compliance with such policies and guidance in fiscal year 2019 within 90 days of enactment of this Act. RESEARCH AND TECHNOLOGY The bill provides $21,000,000 for research and technology, of which $14,218,000 shall remain available until expended. Of the total amount, the bill provides the following levels for specific activities: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Tier I University Transportation Centers.............. $5,000,000 Emergency Planning Transportation Data Initiative..... 1,000,000 Transportation Resilience Metrics Study............... 1,000,000 Highly Automated Systems Safety Center of Excellence.. 5,000,000 ------------------------------------------------------------------------ Emergency Planning Transportation Data Initiative.--The agreement provides $1,000,000 for an emergency planning transportation data initiative to conduct research and develop models of data integration of geo-located weather and roadway information for emergency and other severe weather conditions to improve public safety, emergency evacuation, and response capabilities. Transportation Resilience Metrics Study.--The agreement provides $1,000,000 for the Secretary to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine, no later than 45 days after enactment of this Act, to conduct a study on effective ways to measure the resilience of transportation systems and services to natural disasters and hazards. The study should: (1) identify and examine approaches used by Federal agencies, States, metropolitan planning organizations, local governments, and other organizations, including approaches described in academic literature, to develop metrics for transportation resilience; (2) provide findings on approaches to measuring resilience that have shown or promise success; and (3) provide recommendations on addressing challenges with measuring resilience. The Secretary is directed to submit to the House and Senate Committees on Appropriations a final study developed by the National Academies of Sciences, Engineering, and Medicine no later than one year after enactment of this Act. Highly Automated Systems Safety Center of Excellence (COE).--The agreement provides $5,000,000 to establish the Highly Automated Systems Safety COE within the Department of Transportation to review, assess, and validate the safety of highly automated systems across all modes of transportation. NATIONAL INFRASTRUCTURE INVESTMENTS The bill provides $1,000,000,000 for national infrastructure investments, to remain available until September 30, 2022. The agreement does not include the requirement in the House report to refocus fiscal year 2020 awards on multimodal projects, but does continue to make these projects eligible for awards. Instead, the Secretary is directed to invest in a variety of transportation modes, which includes a broad range of transportation projects such as highway, bridge, or road projects; transit projects; passenger and freight rail projects; port infrastructure improvements; intermodal projects; bicycle and pedestrian projects; and multimodal infrastructure projects. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU The bill provides $5,000,000 for the national surface transportation and innovative finance bureau, to remain available until expended. FINANCIAL MANAGEMENT CAPITAL The bill provides $2,000,000 for the financial management capital program, to remain available until September 30, 2021. CYBER SECURITY INITIATIVES The bill provides $15,000,000 for departmental cyber security initiatives, to remain available until September 30, 2021. OFFICE OF CIVIL RIGHTS The bill provides $9,470,000 for the office of civil rights. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT The bill provides $10,879,000 for planning, research, and development activities, to remain available until expended, of which $1,000,000 is for the Interagency Infrastructure Permitting Improvement Center. Non-Traditional and Emerging Transportation Technology (NETT) Council.--The Department is directed, through the NETT Council, to conduct the study required in the House and Senate reports on new and emerging cross-modal transportation technologies, including hyperloop technology, and provide a report to the House and Senate Committees on Appropriations within one year of enactment of this Act on such findings and recommendations. The agreement provides $2,000,000 to complete this study, conduct research on the safety and regulatory needs of such technologies, and provide technical assistance to local and State governments. WORKING CAPITAL FUND The bill limits expenditures for working capital fund activities to $319,793,000. The limitation allows the Department to complete the migration of commodity information technology (IT) to the working capital fund, and, if needed, the migration of personnel associated with commodity IT. Any additional scope of work is not approved. SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH The bill provides $4,646,000 for small and disadvantaged business utilization and outreach, to remain available until September 30, 2021. PAYMENTS TO AIR CARRIERS (AIRPORT AND AIRWAY TRUST FUND) The bill provides $162,000,000 for payments to air carriers, to remain available until expended. ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION Section 101 prohibits funds available to the Department of Transportation from being obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification. Section 102 requires the Secretary of Transportation to post on the internet a schedule of all Council on Credit and Finance meetings, agendas, and meeting minutes. Section 103 allows the Department of Transportation Working Capital Fund to provide payments in advance to vendors for the Federal transit pass fringe benefit program, and to provide full or partial payments to, and to accept reimbursements from, Federal agencies for transit benefit distribution services. Section 104 requires the Secretary of Transportation to announce the selection of all projects to receive awards for all competitive grants provided in P.L. 116-6 under the headings ``Federal Railroad Administration--Federal-State Partnership for State of Good Repair'', ``Federal Railroad Administration--Consolidated Rail Infrastructure and Safety Improvements'', ``Federal Railroad Administration-- Restoration and Enhancement'', ``Federal Railroad Administration--Magnetic Levitation Technology Deployment Program'', and ``Maritime Administration--Port Infrastructure Development Program'' no later than May 1, 2020. Section 105 requires the Secretary of Transportation to establish a Highly Automated Systems Safety Center of Excellence within the Department of Transportation. [[Page H11455]] Section 106 prohibits the use of funds made available by this Act to terminate the Intelligent Transportation System Program Advisory Committee established under section 5305(h) of SAFETEA-LU. Federal Aviation Administration OPERATIONS (AIRPORT AND AIRWAY TRUST FUND) The agreement provides $10,630,000,000 for the operations of the Federal Aviation Administration (FAA), to remain available until September 30, 2021. Of the total amount provided, $10,519,000,000 is to be derived from the airport and airway trust fund. Funds are distributed in the bill by budget activity. The following table compares the bill to the levels proposed in the budget request by activity: ------------------------------------------------------------------------ Budget Request Bill ------------------------------------------------------------------------ Aviation Safety................... $1,327,779,000 $1,404,096,000 Air Traffic Organization.......... 7,777,357,000 7,970,734,000 Commercial Space Transportation... 25,598,000 26,040,000 Finance and Management............ 784,832,000 800,646,000 NextGen and Operations Planning... 60,145,000 61,538,000 Security and Hazardous Materials 117,694,000 118,642,000 Safety........................... Staff Offices..................... 246,595,000 248,304,000 ------------------------------------- Total......................... 10,340,000,000 10,630,000,000 ------------------------------------------------------------------------ Reviews and Recommendations.--The FAA's organization, processes, and policies are undergoing a thorough review as the result of two recent fatal aviation accidents. The National Transportation Safety Board (NTSB), the Joint Authorities Technical Review Panel (JATR), and the Indonesian National Transportation Safety Committee have each issued recommendations. Additional recommendations are anticipated from the Office of Inspector General (OIG); DOT's Special Committee to Review FAA's Aircraft Certification Process; the Safety Oversight and Certification Advisory Committee; the House Committee on Transportation and Infrastructure; the Senate Committee on Commerce, Science, and Transportation; the Ethiopian Civil Aviation Authority; and a multidisciplinary expert review panel on Organization Designation Authorization (ODA) programs, processes, and procedures; among others. The agreement directs the FAA to respond to each recommendation and to report to the House and Senate Committees on Appropriations on the impact of these recommendations on its resource and funding needs. The agreement further directs the FAA to resolve an open recommendation from a 2015 OIG report regarding evaluation criteria and tools used to target safety oversight. The FAA is strongly reminded that changes to its organizational structure are subject to the requirements of section 405 of this Act. Aviation Safety Staffing and Training.--The agreement includes $6,800,000 throughout aviation safety (AVS) for the salaries and expenses of additional staff with expertise in human factors, systems safety engineering, software engineering, manufacturing and industrial engineering, data analytics and science, and international aviation safety standards. The FAA is also directed to strategically use its existing personnel authorities to recruit and retain staff in these occupations, including student loan repayment and tuition repayment programs, direct hire authority, recruitment and relocation incentives, and the use of programs such as the minority serving institutions internship and pathways programs. The agreement also includes $6,200,000 to cover the cost of technical training and credentialing related to flight operations, aircraft certification, engineering, human factors, and other technical specialties that would support the aviation safety mission. The FAA shall brief the House and Senate Committees on Appropriations no later than 90 days after enactment on its use of these authorities in order to meet staffing and technical skills targets and potential uses for competitive compensation and recalibration of qualification standards. Improving Aviation Safety.--The agreement includes up to $3,000,000 for the FAA, in consultation with the Department of State and USAID, to help organizations around the world understand U.S. safety standards, provide technical training for civil aviation authorities and foreign air carriers, and assist civil aviation authorities safely integrate U.S.- manufactured aircraft into their regulatory framework. An additional $1,000,000 may be used, in consultation with the Department of State and USAID, to create opportunities for the FAA to engage with leaders around the world through outreach and training programs for aviation stakeholders, consistent with the FAA Reauthorization Act of 2018 requirement to promote U.S. aerospace safety standards. Centralized Safety Guidance Database.--The FAA is directed to report on its progress in implementing the centralized safety guidance database by May 1, 2020, including a specific timetable for full implementation. Unfinished Rulemakings.--The agreement directs the FAA to report on unfinished rulemakings related to the safety of foreign repair stations and flight attendant rest requirements 30 days after enactment of this Act. Workforce Diversity.--Of the amount provided for staff offices, the agreement includes up to $5,000,000, but not less than $3,500,000, for the minority serving institutions (MSI) internship program for the cost of the stipend, travel, orientations, workshops, field trips, mentoring, coaching, program administration, and program evaluation. The agreement further requires the FAA to incorporate the MSI internship program into the FAA-United States Air Force aviation workforce initiative announced on May 31, 2019. Pilot Medical Certification.--The agreement does not require the FAA to report on the data related to special issuance medical certificates for insulin dependency as required by the Senate report, but does direct the FAA to submit the report required by the House report. Unmanned Aircraft Systems (UAS) Integration Pilot Program (IPP).--The agreement requires the FAA to provide the report on UAS IPP, as required by the Senate report, no later than March 2, 2020. Veteran's pilot training grants program.--The agreement directs the FAA to use up to $5,000,000 for competitive grants to facilitate the future supply of adequate pilots as required in the Senate report, and in awarding such grants the FAA is encouraged to prioritize flight schools that are either accredited by the Department of Education or hold a restricted airline transport pilot letter of authorization. Opioid Antagonists.--As part of the ongoing efforts to review regulations regarding the emergency medical equipment carried by passenger airlines, the FAA should take timely action to issue additional guidance to air carriers to ensure the inclusion of opioid antagonists in emergency medical kits. FAA Reauthorization.--The agreement directs the FAA to submit a report to the House and Senate Committees on Appropriations on March 2, 2020, and on September 8, 2020, on the status of implementation of the provisions in P.L. 115- 254, including a list of all mandates and associated deadlines, the primary office responsible for executing each mandate, and actions taken to date on implementing each mandate. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) The agreement provides $3,045,000,000 for facilities and equipment. Of the total amount available, $515,000,000 is available until September 30, 2021; $2,409,473,000 is available until September 30, 2022; and $120,527,000 is available until expended. The following table provides details by program: ------------------------------------------------------------------------ Budget Request Agreement ------------------------------------------------------------------------ Activity 1--Engineering, Development, Test and Evaluation ------------------------------------------------------------------------ Advanced Technology 40,900,000 40,900,000 Development and Prototyping.. William J. Hughes Technical 20,000,000 20,000,000 Center Laboratory Sustainment William J. Hughes Technical 15,000,000 15,000,000 Center Infrastructure Sustainment.................. NextGen--Separation Management 33,500,000 20,500,000 Portfolio.................... NextGen--Traffic Flow 27,500,000 19,800,000 Management Portfolio......... NextGen--On Demand NAS 10,500,000 8,500,000 Portfolio.................... NextGen--NAS Infrastructure 17,000,000 11,500,000 Portfolio.................... NextGen--NextGen Support 13,000,000 11,000,000 Portfolio.................... NextGen--Unmanned Aircraft 68,400,000 51,900,000 Systems (UAS)................ NextGen--Enterprise, Concept 32,000,000 19,000,00000 Development, Human Factors, and Demonstrations Portfolio. ------------------------------------- Total Activity 1.............. 277,800,000 218,100,000 ------------------------------------------------------------------------ Activity 2--Procurement and Modernization of Air Traffic Control Facilities and Equipment ------------------------------------------------------------------------ a. En Route Programs En Route Automation 105,950,000 105,950,000 Modernization (ERAM)--System Enhancements and Tech Refresh En Route Communications 2,650,000 2,650,000 Gateway (ECG)................ Next Generation Weather Radar 3,000,000 3,000,000 (NEXRAD)..................... [[Page H11456]] Air Route Traffic Control 96,900,000 96,900,000 Center (ARTCC) & Combined Control Facility (CCF) Building Improvements........ Air/Ground Communications 7,850,000 7,850,000 Infrastructure............... Air Traffic Control En Route 5,300,000 5,300,000 Radar Facilities Improvements Oceanic Automation System..... 15,900,000 15,900,000 Next Generation Very High 50,000,000 70,000,000 Frequency Air/Ground Communications (NEXCOM)...... System-Wide Information 100,950,000 81,825,000 Management (SWIM)............ ADS-B NAS Wide Implementation. 174,400,000 159,400,000 Windshear Detection Service... 1,000,000 1,000,000 Air Traffic Management 77,100,000 50,000,000 Implementation Portfolio..... Time Based Flow Management 30,700,000 20,000,000 Portfolio (TBFM)............. NextGen Weather Processors-- 31,300,000 24,300,000 Work Package 1 (WP1)......... Airborne Collision Avoidance 6,900,000 6,900,000 System X (ACASX)............. Data Communications in Support 136,248,013 136,248,000 of NextGen................... Non-Continental United States 1,000,000 1,000,000 (Non-CONUS) Automation....... Reduced Oceanic Separation.... 32,300,000 32,300,000 En Route Service Improvements. 2,000,000 2,000,000 Commercial Space Integration.. 33,000,000 23,000,000 ------------------------------------- Subtotal En Route Programs 914,448,013 845,523,000 b. Terminal Programs Terminal Doppler Weather Radar 2,200,000 2,200,000 (TDWR)--Provide.............. Standard Terminal Automation 41,300,000 41,300,000 Replacement System (STARS) (TAMR Phase 1)............... Terminal Automation Program... 6,500,000 6,500,000 Terminal Air Traffic Control 24,326,987 24,327,000 Facilities--Replace.......... ATCT/Terminal Radar Approach 96,200,000 96,200,000 Control (TRACON) Facilities-- Improve...................... NAS Facilities OSHA and 40,400,000 40,400,000 Environmental Standards Compliance................... Integrated Display System 24,000,000 24,000,000 (IDS)........................ Remote Monitoring and Logging 14,400,000 14,400,000 System (RMLS)................ Terminal Flight Data Manager 135,450,000 135,450,000 (TFDM)....................... Performance Based Navigation 5,000,000 5,000,000 and Metroplex Portfolio...... Unmanned Aircraft System (UAS) 58,400,000 28,400,000 Implementation............... Airport Ground Surveillance 19,000,000 19,000,000 Portfolio.................... Terminal and En Route 68,500,000 62,500,000 Surveillance Portfolio....... Terminal and Enroute Voice 49,750,000 40,750,000 Switch and Recorder Portfolio NextGen Implementation of FOXs 35,000,000 10,000,000 and FIM Cloud................ ------------------------------------- Subtotal Terminal Programs 620,426,987 550,427,000 c. Flight Service Programs Aviation Surface Observation 4,000,000 4,000,000 System (ASOS)................ Future Flight Services Program 19,200,000 18,000,000 (FFSP)....................... Alaska Flight Service Facility 2,650,000 2,650,000 Modernization (AFSFM)........ Weather Camera Program........ - 1,800,000 Juneau Airport Wind System 1,000,000 1,000,000 (JAWS)--Technology Refresh... ------------------------------------- Subtotal Flight Service 26,850,000 27,450,000 Programs................. d. Landing and Navigational Aids Programs VHF Omnidirectional Radio 18,000,000 20,000,000 Range (VOR) Minimum Operating Network (MON)................ Instrument Landing System - 10,000,000 (ILS)........................ Wide Area Augmentation System 90,000,000 80,000,000 (WAAS) for GPS............... Instrument Flight Procedures 1,100,000 1,100,000 Automation (IFPA)............ Runway Safety Areas-- 1,400,000 1,400,000 Navigational Mitigation...... Landing and Lighting Portfolio 48,245,000 36,000,000 ------------------------------------- Subtotal Landing and 158,745,000 148,500,000 Navigational Aids Programs................. e. Other ATC Facilities Programs Fuel Storage Tank Replacement 26,400,000 26,400,000 and Management............... Unstaffed Infrastructure 36,800,000 36,800,000 Sustainment.................. Aircraft Related Equipment 10,900,000 10,900,000 Program (ARE)................ Airport Cable Loop Systems-- 10,000,000 8,000,000 Sustained Support............ Alaskan Satellite 4,300,000 4,300,000 Telecommunications Infrastructure (ASTI)........ Facilities Decommissioning.... 9,000,000 9,000,000 Electrical Power Systems-- 150,000,000 130,000,000 Sustain/Support.............. Energy Management and 6,400,000 6,400,000 Compliance (EMC)............. Child Care Center Sustainment. 1,500,000 1,500,000 FAA Telecommunications 48,500,000 38,500,000 Infrastructure (FTI)......... Data Visualization, Analysis 7,100,000 7,100,000 and Reporting System (DVARS). Time Division Multiplexing 20,000,000 20,000,000 (TDM)-to-Internet Protocol (IP) Migration............... ------------------------------------- Subtotal Other ATC 330,900,000 298,900,000 Facilities Programs...... ------------------------------------- Total Activity 2.......... 2,051,370,000 1,870,800,000 ------------------------------------------------------------------------ Activity 3--Procurement and Modernization of Non-Air Traffic Control Facilities and Equipment ------------------------------------------------------------------------ a. Support Programs Hazardous Materials Management 20,000,000 20,000,000 Aviation Safety Analysis 19,700,000 19,700,000 System (ASAS)................ National Air Space Recovery 12,000,000 12,000,000 Communications (RCOM)........ Facility Security Risk 15,100,000 15,100,000 Management................... Information Security.......... 33,300,000 23,300,000 System Approach for Safety 23,100,000 23,100,000 Oversight (SASO)............. Aviation Safety Knowledge 5,300,000 5,300,000 Management Environment (ASKME)...................... Aerospace Medical Equipment 13,800,000 13,800,000 Needs (AMEN)................. NextGen--System Safety 19,500,000 24,500,000 Management Portfolio......... National Test Equipment 3,000,000 3,000,000 Program (NTEP)............... Mobile Assets Management 1,800,000 1,800,000 Program...................... [[Page H11457]] Aerospace Medicine Safety 13,800,000 13,800,000 Information Systems (AMSIS).. Logistics Support Systems and 4,000,000 9,000,000 Facilities (LSSF)............ ------------------------------------- Subtotal Support Programs. 184,400,000 184,400,000 b. Training, Equipment and Facilities Aeronautical Center 18,000,000 18,000,000 Infrastructure Modernization. Distance Learning............. 1,000,000 1,000,000 ------------------------------------- Subtotal Training, 19,000,000 19,000,000 Equipment and Facilities. ------------------------------------- Total Activity 3.......... 203,400,000 203,400,000 ------------------------------------------------------------------------ Activity 4--Facilities and Equipment Mission Support ------------------------------------------------------------------------ a. System Support and Support Services System Engineering and 38,000,000 38,000,000 Development Support.......... Program Support Leases........ 48,000,000 48,000,000 Logistics Support Services 11,800,000 11,800,000 (LSS)........................ Mike Monroney Aeronautical 20,600,000 20,600,000 Center Leases................ Transition Engineering Support 21,000,000 21,000,000 Technical Support Services 28,000,000 28,000,000 Contract (TSSC).............. Resource Tracking Program 8,000,000 8,000,000 (RTP)........................ Center for Advanced Aviation 57,000,000 57,000,000 System Development (CAASD)... Aeronautical Information 5,300,000 5,300,000 Management Program........... ------------------------------------- Total Activity 4.......... 237,700,000 237,700,000 ------------------------------------------------------------------------ Activity 5--Personnel Compensation, Benefits, and Travel ------------------------------------------------------------------------ Personnel and Related Expenses 524,730,000 515,000,000 ------------------------------------- Total All Activities...... 3,295,000,000 3,045,000,000 ------------------------------------------------------------------------ Reduced Oceanic Separation.--The agreement includes $32,300,000 for continued implementation of Automatic Dependent Surveillance-Contract (ADS-C) reduced oceanic separation and for the implementation of space-based Automatic Dependent Surveillance-Broadcast (ADS-B) for use in oceanic operations. Remote Tower Pilot Program.--The agreement includes $7,000,000 for the implementation of the remote tower pilot program as authorized in section 161 of the P.L. 115-254. Distance Measuring Equipment (DME), VHF Omnidirectional Radio Range (VOR), TACAN (DVT) Sustainment.--The agreement directs the FAA to provide the House and Senate Committees on Appropriations an update detailing their plan to achieve distance measuring equipment, VOR, tactical air navigation (DVT) modernization, no later than 180 days after enactment of this Act. The agency is expected to highlight potential obstacles and innovative approaches that may be required to achieve this goal, such as using a service based approach in which vendors provide equipment and installation services and FAA employees perform flight checks, maintenance, and certification of the systems. The FAA should continue its efforts to establish this program and conduct an acquisition as soon as possible. FAA Enterprise Network Services (FENS).--The agreement does not require the FAA to provide the briefing on FENS referenced in Senate report. Instrument Landing Systems (ILS).--The agreement includes $10,000,000 for the procurement and installation of ILS services. NextGen--System Safety Management Portfolio.--The agreement includes $5,000,000 above the request to enhance the ASIAS program to enable near real-time data, thereby allowing the FAA to appropriately adjust safety decisions in a dynamic and rapidly changing industry. RESEARCH, ENGINEERING, AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND) The agreement provides $192,665,000 for the FAA's research, engineering, and development activities, to remain available until September 30, 2022. The table below provides the following levels for specific programs: ------------------------------------------------------------------------ Program Budget Request Agreement ------------------------------------------------------------------------ Fire Research & Safety............ 7,562,000 7,200,000 Propulsion & Fuel Systems......... 3,708,000 2,100,000 Advanced Materials/Structural 1,799,000 14,720,000 Safety........................... Aircraft Icing/Digital System 7,450,000 9,000,000 Safety........................... Continued Airworthiness........... 10,006,000 10,269,000 Aircraft Catastrophic Failure - 1,565,000 Prevention Research.............. Flightdeck/Maintenance/System 5,973,000 7,300,000 Integration Human Factors........ Safety System Management/Terminal 4,309,000 4,500,000 Area Safety...................... Air Traffic Control/Technical 5,474,000 5,800,000 Operations Human Factors......... Aeromedical Research.............. 9,575,000 7,919,000 Weather Program................... 6,391,000 12,911,000 Unmanned Aircraft Systems Research 7,546,000 24,035,000 Alternative Fuels for General - 1,900,000 Aviation......................... Commercial Space Transportation 5,971,000 2,500,000 Safety........................... NextGen Wake Turbulence........... 3,697,000 5,000,000 NextGen Air Ground Integration 1,717,000 5,300,000 Human Factors.................... NextGen Weather Technology in the 1,963,000 3,144,000 Cockpit.......................... NextGen Flight Deck Data Exchange 1,005,000 1,005,000 Requirements..................... Information Technology/Cyber 2,675,000 2,675,000 Security Program................. ------------------------------------- Sub-Total Safety.............. 86,821,000 128,843,000 Environment & Energy.............. 15,103,000 18,013,000 NextGen Environmental Research 12,500,000 29,174,000 Aircraft Technologies and Fuels.. Airliner Cabin Environment - 1,000,000 Research......................... ------------------------------------- Sub-Total Reduce Environmental 27,603,000 48,187,000 Impacts...................... System Planning and Resource 2,717,000 12,135,000 Management....................... William J. Hughes Technical Center 2,859,000 3,500,000 Laboratory Facility.............. ------------------------------------- Sub-Total Mission Support..... 5,576,000 15,635,000 ------------------------------------- Total..................... 120,000,000 192,665,000 ------------------------------------------------------------------------ Continued Airworthiness.--The agreement includes $10,269,000 for continued airworthiness, of which $2,000,000 is for the FAA to work with public and private partners who provide leading-edge research, development, and testing of composite materials and structures. Environmental sustainability.--The FAA is provided a total of $47,187,000 for research related to environmental sustainability that supports the CLEEN program, as well as the center of excellence for alternative jet fuels and environment. Within the total provided, the FAA is directed to use $15,000,000 for the center of excellence. Aviation workforce development programs.--Of the amount provided for system planning and resource management, the agreement includes $10,000,000 for the aviation workforce development programs for aircraft pilot workforce and for aviation maintenance workforce, as authorized by section 625 of the FAA Reauthorization Act of 2018. Human Intervention Motivation Study (HIMS).--The FAA is directed to report on [[Page H11458]] its progress in implementing the direction in the Senate report on the HIMS no later than March 2, 2020. Automation.--The FAA should investigate ways in which training and mitigations can be developed to address the safety risk associated with pilot automation dependency. GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) The agreement provides an obligation limitation of $3,350,000,000 and a liquidating cash appropriation of $3,000,000,000, to remain available until expended. Within the obligation limitation, the agreement provides not more than $116,500,000 for administrative expenses, no less than $15,000,000 for the airport cooperative research program, not less than $39,224,000 for airport technology research, and $10,000,000 for the small community air service development program. Boarding Bridges.--The agreement directs the FAA to consult with the U.S. Trade Representative (USTR) and the U.S. Attorney General to develop, to the extent practicable, a list of entities that: (1) are a foreign state-owned enterprise that is identified by the USTR in the report required by subsection (a)(1) of section 182 of the Trade Act of 1974 and subject to monitoring by the USTR under section 306 of the Trade Act of 1974; and (2) have been determined by a Federal court, after exhausting all appeals, to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States. The FAA shall make such list available to the public and work with the USTR, to the extent practicable, to utilize the system for award management database to exclude such entities from being eligible for Federal non-procurement awards. The FAA is expected to notify the House and Senate Committees on Appropriations of any significant challenges the agency faces in completing these actions. GRANTS-IN-AID FOR AIRPORTS The agreement provides $400,000,000 in new budget authority for additional discretionary grants for airport construction projects. Prioritization.--Section 47115(j)(3)(B) of title 49, United States Code, requires that not less than 50 percent of the funds made available under this heading shall be for grants at nonhub, small hub, reliever, and nonprimary airports. The agreement directs the FAA to restrict this set-aside to 50 percent, and use the remaining funds for grants at medium hub and large hub airports. In addition, the agreement directs the FAA to provide priority consideration for grant applications that complete previously awarded discretionary grant projects, and to provide priority consideration based on project justification and completeness of pre-grant actions. ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION Section 110 allows no more than 600 technical staff-years at the center for advanced aviation systems development. Section 111 prohibits funds for adopting guidelines or regulations requiring airport sponsors to provide FAA without costbuilding construction or space. Section 112 allows reimbursement for fees collected and credited under 49 U.S.C. 45303. Section 113 allows reimbursement of funds for providing technical assistance to foreign aviation authorities to be credited to the operations account. Section 114 prohibits funds for Sunday premium pay unless work was actually performed on a Sunday. Section 115 prohibits funds from being used to buy store gift cards with Government issued credit cards. Section 116 prohibits funds from being obligated or expended for retention bonuses for FAA employees without prior written approval of the DOT Assistant Secretary for Administration. Section 117 requires the Secretary to block the display of an owner or operator s aircraft registration number in the aircraft situational display to industry program upon the request of an owner or operator. Section 118 prohibits funds for salaries and expenses of more than nine political and Presidential appointees in the FAA. Section 119 prohibits funds to increase fees under 49 U.S.C. 44721 until the FAA provides a report to the House and Senate Committees on Appropriations that justifies all fees related to aeronautical navigation products and explains how such fees are consistent with Executive Order No. 13642. Section 119A requires the FAA to notify the House and Senate Committees on Appropriations at least 90 days before closing a regional operations center or reducing the services provided. Section 119B prohibits funds from being used to change weight restrictions or prior permission rules at Teterboro Airport in New Jersey. Section 119C prohibits funds from being used to withhold from consideration and approval certain application for participation in the contract tower program, or for certain reevaluations of cost-share program participation. Section 119D prohibits funds from being used to open, close, redesignate, or reorganize a regional office, the aeronautical center, or the technical center subject to the normal reprogramming requirements outlined under section 405 of this Act. Federal Highway Administration LIMITATION ON ADMINISTRATIVE EXPENSES (HIGHWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) The bill limits obligations for the administrative expenses of the Federal Highway Administration (FHWA) to $453,549,689. In addition, the bill provides $3,248,000 for the administrative expenses of the Appalachian Regional Commission. FEDERAL-AID HIGHWAYS (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) The bill limits obligations for the federal-aid highways program to $46,365,092,000 in fiscal year 2020. Cost of Contracting.--In place of the directive included in the House report, the agreement directs the GAO to report on how State departments of transportation complete engineering and design work for projects using Federal funds including, but not limited to, a holistic comparison of the decisions to use private contractors versus State employees. Advanced Digital Construction Management.--The Secretary of Transportation is directed to provide $10,000,000 from within the Technology and Innovation Deployment Program for Advanced Digital Construction Management Systems, consistent with direction and supportive language in the House and Senate reports. Resiliency.--The agreement directs the Department to provide a report to the House and Senate Committees on Appropriations on best practices and designs for resilient infrastructure that also is resistant to accelerated degradation after flooding and/or salt water intrusion. (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND) The bill provides a liquidating cash appropriation of $47,104,092,000, which is available until expended, to pay the outstanding obligations of the various highway programs at the levels provided in this Act and prior appropriations acts. HIGHWAY INFRASTRUCTURE PROGRAMS The bill provides $2,166,140,392 from the general fund. Of the total amount, the bill provides $1,150,000,000 for a bridge replacement and rehabilitation program, $781,140,392 for surface transportation block grants and infrastructure to support alternative fuel corridors, $100,000,000 for the Appalachian Development Highway System, $3,500,000 for the Puerto Rico highway program, $1,500,000 for the territorial highway program, $70,000,000 for the nationally significant federal lands and tribal projects program, $50,000,000 for competitive grants to improve safety at highway-railway crossings, $5,000,000 for a program to assist local governments in developing improved infrastructure priorities and financing strategies for projects that are already eligible for TIFIA, and $5,000,000 for a pilot program to improve the use of technology on the national road network. Nationally Significant Federal Lands and Tribal Projects (NSFLTP).--In place of the direction included in the House report, for the NSFLTP, the agreement directs FHWA to prioritize roadways that in the prior fiscal year have been closed or had speed restrictions due to unsafe travel conditions as a result of the roadways infrastructure condition and maintenance. ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION Section 120 distributes the federal-aid highways program obligation limitation. Section 121 allows funds received by the Bureau of Transportation Statistics from the sale of data products to be credited to the federal-aid highways account. Section 122 provides requirements for any waiver of Buy America Act requirements. Section 123 prohibits funds from being used to provide credit assistance under sections 603 and 604 of title 23, United States Code, unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations, the Senate Committee on Environment and Public Works, the Senate Committee on Banking, Housing, and Urban Affairs, and the House Committee on Transportation and Infrastructure at least three days prior to credit application approval. Section 124 requires 60-day notification to the House and Senate Committees on Appropriations for any INFRA grants awarded under 23 U.S.C. 117, provided that such notification shall be made no later than 180 days from the date of enactment of this Act. Section 125 allows State DOTs to repurpose certain highway project funding within 25 miles of its original designation. Section 126 removes a prohibition on two-way tolling on the Verrazzano-Narrows bridge between Brooklyn and Staten Island, New York. Section 127 removes the annual cap from Emergency Relief for Puerto Rico and the United States Territories. Section 128 requires FHWA to make determinations on Buy America Waivers for those waivers submitted before April 17, 2018. Section 129 repeals a prohibition on removing a bridge connecting Fall River and Somerset, Massachusetts. Section 129A clarifies that FHWA should apply a penalty for States with a State Asset Management Plan only to funds provided in 2019 and after. [[Page H11459]] Federal Motor Carrier Safety Administration MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) The bill includes a liquidation of contract authorization and a limitation on obligations of $288,000,000 for the operations and programs of the Federal Motor Carrier Safety Administration (FMCSA). Of this limitation, $9,073,000 is for the research and technology program and $35,334,000 is for information management, to remain available for obligation until September 30, 2022. Compliance, Safety, Accountability Data.--The recommendation directs FMCSA, in an expedited manner, to address recommendations submitted by the National Academies of Sciences, Engineering, and Medicine in the manner specified by the Office of Inspector General on September 25, 2019. FMCSA must comply with these recommendations before making such data available to the general public, consistent with the provisions of the FAST Act. MOTOR CARRIER SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) The bill provides a liquidating cash appropriation of $391,135,561 and a limitation on obligations of $391,135,561 for motor carrier safety grants. ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION Section 130 requires FMCSA to send notice of 49 CFR section 385.308 violations by certified mail, registered mail, or some other manner of delivery which records receipt of the notice by the persons responsible for the violations. Section 131 prohibits funds from being used to enforce the electronic logging device rule with respect to carriers transporting livestock or insects. Section 132 requires FMCSA to update inspection regulations for rear underride guards as specified in GAO-19-264. National Highway Traffic Safety Administration OPERATIONS AND RESEARCH The agreement provides $194,000,000 from the general fund for operations and research. Of this amount, $40,000,000 shall remain available until September 30, 2021. The agreement provides not less than $28,000,000 for rulemaking programs, of which not less than $12,000,000 is for the new car assessment program, up to $37,000,000 for enforcement programs, $48,000,000 for research and analysis programs, and $81,000,000 for administrative expenses. Autonomous Vehicles.--Of the funds provided for research and analysis programs, not less than $17,865,000 shall be available for vehicle electronics and emerging technologies, which includes research of automated vehicle technologies. In addition, using funds provided in fiscal year 2018, the recommendation directs NHSTA, in coordination with other modes within the Department, to develop a research plan that ensures autonomous vehicles are safe for occupants, other drivers, pedestrians and cyclists, and to report to the House and Senate Committees on Appropriations within 180 days of enactment of this Act on the status of that plan. The agreement also directs NHTSA to develop and publish common terminology for the identification of vehicles equipped with advanced driver assistance systems and ``highly automated'' vehicle systems. Common terminology is not required to be promulgated by a rulemaking. Further, the agreement affirms directives from the Senate report regarding accessibility of vehicles incorporating automated driving systems and associated work with the Access Board. Children in Autonomous Vehicles.--Of the amounts provided under this heading for research and analysis, not less than $500,000 shall be for a study on child-specific safety considerations in autonomous vehicles consistent with the provisions in Section 144 of the House bill. Automatic Emergency Brakes.--The agreement directs NHTSA to complete, by December 31, 2021, the current field operational testing of automatic emergency braking technology on heavy trucks and commercial motor vehicles that was initiated in 2018. New Car Assessment Program.--The agreement directs NHTSA to report to the House and Senate Committees on Appropriation, within 90 days of enactment of this Act, on its plan and timeline to complete the rulemaking required under section 24321 of the FAST Act. OPERATIONS AND RESEARCH (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) The bill provides a liquidating cash appropriation and an obligation limitation of $155,300,000, to remain available until expended, which reflects the authorized level of contract authority. Protection of First Responders.--The agreement includes not less than $5,000,000 for grants, pilot program activities, and innovative solutions to evaluate driver behavior to technologies that protect law enforcement, first responders, roadside crews, and others while on the job. The agreement directs the DOT to study and report to the House and Senate Committees on Appropriations regarding the safety and deaths of first responders and other road workers consistent with the direction in the Senate report. In addition, the study should include the development of accurate reporting analysis of crashes that involve police pursuits consistent with the direction in the House report. Impaired Driving Prevention.--The agreement applauds the efforts by private companies, auto manufacturers, and NHTSA to develop and install equipment that prevents or decreases the likelihood of drunk and/or impaired driving and directs NHTSA to convene independent stakeholders in order to facilitate the sharing of information and the implementation and integration of impaired driving technology across the automotive industry. NHTSA shall develop technology neutral standards for impaired driving detection and consider how to accelerate installation of such technology in vehicles. The agreement reinforces direction that NHTSA and the Automotive Coalition for Traffic Safety submit reports to the Committees on Appropriations describing the Driver Alcohol Detection System for Safety (DADSS) progress since 2017 and, within 180 days of enactment of this Act, describing NHTSA's plans to accomplish the direction contained herein. The agreement provides no less than $4,700,000 for DADSS in 2020, as authorized. Support for NHTSA Activities.--The recommendation supports recent efforts by NHTSA to provide funding to support police training programs for identifying drug-impaired drivers and to conduct a high-visibility media campaign to combat child hyperthermia. The recommendation expects NHTSA to continue funding these efforts at a level commensurate with those executed in 2019. HIGHWAY TRAFFIC SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) The bill provides a liquidating cash appropriation and an obligation limitation of $623,017,000 for highway traffic safety grants, to remain available until expended. ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Section 140 provides funding for travel and related expenses for State management reviews and highway safety core competency development training. Section 141 exempts obligation authority made available in previous public laws from the obligation limitations set for the current year. Section 142 provides $17,000,000 in additional highway safety funding through the general fund, of which $10,000,000 is to support a high visibility enforcement paid-media campaign in the area of highway-rail grade crossing safety, and $7,000,000 is for grants, pilot program activities, and other innovative solutions to reduce impaired-driving fatalities. Section 143 prohibits funds from being used to enforce certain State Maintenance of Effort requirements under 23 U.S.C. 405. Federal Railroad Administration SAFETY AND OPERATIONS The bill provides $224,198,000 for safety and operations of the Federal Railroad Administration (FRA), of which $20,000,000 shall remain available until expended. The agreement provides the following levels for specific activities within this account: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Safe transportation of energy products.... $2,000,000 Automated track inspection program and 16,500,000 data analysis. Railroad safety information system and up to $4,800,000 front end interface. Positive train control support program.... up to $13,000,000 Confidential close call reporting system.. up to $3,000,000 Trespasser prevention strategy 650,000 implementation. Highway-rail grade crossing safety........ 1,000,000 National bridge system inventory update up to $600,000 and model modification. ------------------------------------------------------------------------ Competitive Grants and Staffing.--The agreement does not provide $1,500,000 for additional staff for the Office of Railroad Policy and Development and does not require FRA to submit the associated report. Blocked Railroad Crossings.--FRA is directed to (1) establish a website and corresponding database to collect information on and track blocked railroad crossings and (2) work with State and local agencies, law enforcement, railroads, and others to examine the problem, identify trends, and develop recommendations to reduce the number, frequency, and long duration of blocked railroad crossings. FRA is directed to brief the House and Senate Committees on Appropriations on its progress on these actions within 180 days of enactment of this Act. RAILROAD RESEARCH AND DEVELOPMENT The bill provides $40,600,000 for railroad research and development, to remain available until expended. The agreement provides $2,000,000 for the safe transportation of energy products, including tank car research in partnership with other Federal agencies, and $2,500,000 to improve safety practices and training for Class II and Class III freight railroads, including continued efforts to improve the safe transportation of crude oil, other hazardous materials, freight, and passenger rail. The agreement does not require FRA to provide the feasibility report included in the House report on ``Short-line safety.'' [[Page H11460]] RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM The bill authorizes the Secretary to issue direct loans and loan guarantees pursuant to sections 501 through 504 of P.L. 94-210. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR The bill provides $200,000,000 for grants authorized by section 24911 of title 49, United States Code, to remain available until expended. The Secretary is directed to issue a notice of funding opportunity (NOFO) for funds provided under this heading, consistent with the requirements in the FAST Act, no later than 180 days after enactment of this Act. The Secretary shall review all applications received in response to the NOFO and make awards no later than one year after enactment of this Act. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS The bill provides $325,000,000 for grants authorized by section 22907 of title 49, United States Code, to remain available until expended. Of this amount, $45,000,000 is for projects eligible under section 22907(c)(2) of title 49, United States Code, that require the acquisition of rights- of-way, track, or track structure to support the development of new intercity passenger rail service routes. The Secretary is directed to issue a NOFO for funds provided under this heading no later than 120 days after enactment of this Act, require application submissions 60 days after the publication of such NOFO, and make awards no later than 300 days after enactment of this Act. MAGNETIC LEVITATION TECHNOLOGY DEVELOPMENT PROGRAM The bill provides $2,000,000 for the deployment of magnetic levitation transportation projects, to remain available until expended. RESTORATION AND ENHANCEMENT The bill provides $2,000,000 for restoration and enhancement grants authorized by section 24408 of title 49, United States Code, to remain available until expended. THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) The agreement provides a total of $2,000,000,000 for Amtrak. Amtrak Station Agents.--The agreement directs Amtrak to provide a station agent in each Amtrak station that had a ticket agent position eliminated in fiscal year 2018. Amtrak is directed to improve communication and collaboration with local partners and take into consideration the unique needs of each community, including impacts to local jobs, when making decisions related to the staffing of Amtrak stations. Amtrak Police Department.--The agreement amends the Senate report directive requiring the Amtrak Police Department to submit for approval a comprehensive workforce analysis and instead directs Amtrak to submit a comprehensive workforce analysis for the Amtrak Police Department to the House and Senate Committees on Appropriations, within 90 days of enactment of this Act, and to notify the Committees no less than 60 days in advance of any restructuring of the Amtrak Police Department workforce. Amfleet Replacement.--The bill provides $100,000,000 to support the acquisition of new single-level passenger equipment in proportion to the use of this equipment for Amtrak's Northeast Corridor, State-supported, and long- distance services. FRA is directed to allow State acquisition costs and on-going capital charges related to Amtrak's new fleet to be an eligible activity in any future NOFOs for the consolidated rail infrastructure and safety improvements and federal-state partnership for state of good repair grant programs by utilizing flexibilities provided in 2 CFR 200.308(d)(1) and by working with the authorizing committees to develop a long-term solution for future shared fleet replacement costs. Food and Beverage.--Amtrak is directed to provide a report to the House and Senate Committees on Appropriations, no later than 120 days after enactment of this Act, describing the changes initiated or implemented to food and beverage services on board Amtrak trains that resulted in actual fiscal year 2019 savings and comparing those savings with Amtrak projections. NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION The bill provides $700,000,000 for the Secretary to make grants for activities associated with the Northeast Corridor (NEC), defined as the main line between Boston, Massachusetts, and the District of Columbia, and the facilities and services used to operate and maintain the NEC line. NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION The bill provides $1,300,000,000 for the Secretary to make grants for activities associated with the National Network. National Network grants provide operating and capital funding for Amtrak's long-distance and State-supported routes, long- distance routes that operate on the NEC, and other non-NEC activities. ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION Section 150 limits overtime to $35,000 per Amtrak employee and allows Amtrak's president to waive this restriction for specific employees for safety or operational efficiency reasons. Amtrak's president is required to submit a report to the House and Senate Committees on Appropriations within 60 days of enactment of this Act summarizing all overtime payments incurred by Amtrak for calendar year 2019 and the three prior calendar years. This summary shall include the total number of employees receiving waivers and the total overtime payments paid to employees receiving waivers for each month of calendar year 2019 and the three prior calendar years. Section 151 prohibits the use of funds provided to Amtrak to reduce the total number of Amtrak Police Department uniformed officers patrolling on board passenger trains or at stations, facilities or rights-of-way below the staffing level on May 1, 2019. Section 152 expresses the sense of Congress that long- distance passenger rail routes and services should be sustained to ensure connectivity throughout the National Network. Section 153 prohibits the use of funds made available by this Act by Amtrak in contravention of the Worker Adjustment and Retraining Notification Act. Federal Transit Administration ADMINISTRATIVE EXPENSES The bill provides $117,000,000 for the administrative expenses of the Federal Transit Administration (FTA), of which $15,000,000 shall remain available until September 30, 2021 and up to $1,000,000 shall be available for administrative expenses related to transit asset management. Operating Plan.--Consistent with the bill-wide directives for operating plans and reprogramming guidelines, the agreement requires the FTA to provide an operating plan to the House and Senate Committees on Appropriations within 60 days of enactment of this Act and to follow the reprogramming requirements contained in section 405 of this Act. TRANSIT FORMULA GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) The bill limits obligations from the mass transit account for transit formula grants to $10,150,348,462 as authorized by the FAST Act and provides $10,800,000,000 for the liquidation of contract authority. Transportation Services for Seniors and Individuals with Disabilities.--Consistent with the FAST Act, the recommendation provides $285,575,000 for transportation services for seniors and individuals with disabilities. TRANSIT INFRASTRUCTURE GRANTS The bill provides an additional $510,000,000 in transit infrastructure grants to remain available until expended. Of the funds provided, $338,000,000 is available for grants for buses and bus facilities authorized under 49 U.S.C. 5339, of which $168,000,000 is provided for formula grants and $170,000,000 is provided for competitive grants; $75,000,000 is available for low or no emission grants; $40,000,000 is available for formula grants for rural areas authorized under 49 U.S.C. 5311; $40,000,000 is available for high density State apportionments authorized under 49 U.S.C. 5340(d); $3,000,000 is available for bus testing facilities authorized under 49 U.S.C. 5312(h); $5,500,000 is available for an innovative mobility demonstration pilot program; and $8,500,000 is available for areas of persistent poverty. The bill provides funding from the general fund, and the funding is not subject to any limitation on obligations. Level of Grant Awards.--The agreement directs the Department of Transportation to make discretionary grant awards that are adequate for applicants to initiate and complete projects. To that end, the agreement directs that awards for competitive buses and bus facilities grants should be adequate to enable transit agencies to purchase a bus or substantially complete a project. For low and no emission buses, these grants should be no less than $750,000, except at the express request of the project sponsor. TECHNICAL ASSISTANCE AND TRAINING The bill provides $5,000,000 for research activities under 49 U.S.C. 5314. In addition to the directly appropriated funds, another $9,000,000 is provided through the obligation limitation under the heading ``Transit Formula Grants''. Of the amounts provided, not less than $2,500,000 shall be for a cooperative agreement for frontline workforce development and a standards-based training initiative with a national non- profit organization. Prior to obligating funds for the frontline workforce development training initiative, the Administrator shall review and approve a spend plan developed by the grantee. Mobility for People with Disabilities and Older Adults.-- The agreement expects that of the total $14,000,000 provided for technical assistance and training under 49 U.S.C. 5314, the Department will continue to fund agreements that support mobility for people with disabilities and older adults at a level commensurate with the amounts dedicated to such agreements in 2019. CAPITAL INVESTMENT GRANTS The bill provides $1,978,000,000 for fixed-guideway projects, to remain available until September 30, 2023, and directs the Secretary to administer the Capital Investment Grants (CIG) program and move projects through the program to construction in accordance with the requirements of 49 U.S.C. 5309 and section 3005(b) of the FAST Act. Of the funds provided, $1,458,000,000 is available for new starts projects, $300,000,000 is available for core capacity projects, $100,000,000 is available for small starts projects, $100,000,000 is [[Page H11461]] available for the expedited project delivery pilot program, and $20,000,000 is available for oversight activities. The Secretary is directed to allocate $1,681,300,000 of the amount provided for the Capital Investment Grants program by December 31, 2021. The bill also includes language to clarify that projects sponsors may be concurrently eligible for both the new starts and expedited project delivery programs. Carryover Balances.--Balances from prior year appropriations total $553,538,121 for small starts projects and $648,700,000 for projects authorized under the core capacity program. Based on information from the FTA, the agreement expects that the carryover plus the appropriations provided herein will fund all small starts projects expected to receive a funding-agreement during fiscal year 2020. Risk-assessments.--For those projects that completed risk assessments between June 2018 and December 2019 that resulted in increased costs for project sponsors, the agreement directs that the FTA provide technical assistance, as appropriate, to those projects to assist project sponsors to comply with the revised risk standard. Federal Share of Project Costs.--The agreement does not include direction contained in the House report regarding the Federal share of project costs and remains consistent with the FAST Act on the percent of project costs that can compose the Federal share. GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY The bill provides $150,000,000 to carry out section 601 of division B of Public Law 110- 432, to remain available until expended. Cybersecurity.--The agreement replaces requirements in the House report for the procurement of Industrial Control Systems with direction that WMATA work with the Secretary of Transportation and the Cybersecurity and Infrastructure Security Agency within the Department of Homeland Security to ensure that the agency is complying with best practices for the procurement of Industrial Control Systems. ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION Section 160 exempts previously made transit obligations from limitations on obligations. Section 161 allows funds provided in this Act that remain unobligated by September 30, 2023 for fixed guideway capital investment projects to be available for projects to use the funds for the purposes for which they were originally provided. Section 162 allows for the transfer of appropriations made prior to October 1, 2019, from older accounts to be merged into new accounts with similar current activities. Section 163 prohibits the use of funds to adjust apportionments pursuant to 26 U.S.C. 9503(e)(4). Section 164 permits recipients of low or no emission bus grants to continue to partner with non-profits and companies as part of their grant applications. Section 165 prohibits the use of funds to impede or hinder project advancement or approval for any project seeking a Federal contribution from the Capital Investment Grants program of greater than 40 percent of project costs. Section 166 prohibits the use of funds to implement or further new CIG policies such as those detailed in the June 29, 2018 FTA ``Dear Colleague'' letter. Saint Lawrence Seaway Development Corporation OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND) The bill provides $38,000,000 for the operations, maintenance, and capital asset renewal program activities of the Saint Lawrence Seaway Development Corporation (SLSDC). Of that amount, not less than $16,000,000 is provided for capital asset renewal activities. The agreement provides $2,000,000 for trade and economic development activities at the SLSDC, to be carried out in conjunction with system stakeholders. Maritime Administration MARITIME SECURITY PROGRAM The bill provides the authorized level of $300,000,000 for the maritime security program, to be available until expended. OPERATIONS AND TRAINING (INCLUDING TRANSFER OF FUNDS) The bill provides $152,589,000 for the Maritime Administration's (MARAD) operations and training account. Funding is provided in the amounts shown in the following table: ------------------------------------------------------------------------ ------------------------------------------------------------------------ USMMA Operations..................................... $80,216,000 USMMA Facilities Maintenance and Repair, Equipment... 5,225,000 MARAD Headquarters................................... 54,373,000 Marine Enviro. & Tech. Assistance.................... 3,000,000 Short Sea Transportation Program (Marine Highways)... 9,775,000 ------------------ Total............................................ $152,589,000 ------------------------------------------------------------------------ The agreement does not include the House directive on ``Capital planning at the United States Merchant Marine Academy (USMMA).'' Instead, the agreement directs MARAD to conduct the Master Installation Plan specified in the Senate report and to comply with any planning requirements included in the National Defense Authorization Act. Sexual Assault and Sexual Harassment at USMMA.--The agreement requires the Secretary to provide the annual report required by section 3507 of Public Law 110-417 to the House and Senate Committees on Appropriations no later than 120 days after enactment of this Act. The agreement also directs the Secretary to seek concurrent criminal jurisdiction over the USMMA campus, consistent with the requirement in section 3506 of Public Law 115-232. STATE MARITIME ACADEMY OPERATIONS The bill provides $342,280,000 for state maritime academy operations. Funding is provided in the amounts shown in the following table: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Schoolship Maintenance and Repair..................... $30,080,000 Training Vessel Sharing........................... [8,080,000] NSMV Program.......................................... 300,000,000 Student Incentive Program............................. 2,400,000 Fuel Assistance Payments.............................. 3,800,000 Direct Payments for SMAs.............................. 6,000,000 ----------------- Total............................................. $342,280,000 ------------------------------------------------------------------------ ASSISTANCE TO SMALL SHIPYARDS The bill provides $20,000,000 for the small shipyard grant program, to remain available until expended. SHIP DISPOSAL The bill provides $5,000,000 for the ship disposal program, to remain available until expended. MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The bill provides a total of $3,000,000 for administrative expenses of the Title XI program and directs these funds to be transferred to MARAD's operations and training account. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM The bill provides $225,000,000, to remain available until expended, for the port infrastructure development program. The agreement does not include a directive included in the House report on eligibility; instead, eligibility requirements are enumerated in bill text. ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION Section 170 authorizes MARAD to furnish utilities and services and to make necessary repairs in connection with any lease, contract, or occupancy involving government property under control of MARAD and allows payments received to be credited to the Treasury and to remain available until expended. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OPERATIONAL EXPENSES The bill provides $24,215,000 for the necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration (PHMSA), of which $1,500,000 shall remain available until September 30, 2022. The agreement provides $1,500,000 for the pipeline safety information grants to communities program and up to $715,000 for regulatory staff and contractor support to assist PHMSA in executing regulatory actions and expediting compliance with overdue Congressional mandates. The agreement does not direct PHMSA to issue final rules on the Safety of Hazardous Liquid Pipelines and the Safety of Gas Transmission and Gathering Pipelines within 180 days of enactment of this Act. HAZARDOUS MATERIALS SAFETY The bill provides $61,000,000 for PHMSA's hazardous materials safety functions, of which $11,000,000 shall remain available until September 30, 2022. The agreement provides $1,000,000 for the community safety grant program. Funds made available until September 30, 2022, are for long-term research and development contracts, grants, and, in more limited scope, contract safety programs. Liquefied Natural Gas (LNG) by Rail.--The agreement provides $1,000,000 for PHMSA to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine, within 45 days of enactment of this Act, and to complete a study through the Transportation Research Board, no later than 18 months after enactment of this Act, on the transportation of LNG in rail tank cars. The study should inform rulemaking. PIPELINE SAFETY (PIPELINE SAFETY FUND) (OIL SPILL LIABILITY TRUST FUND) The bill provides $168,000,000 for PHMSA's pipeline safety program, to remain available until September 30, 2022. Of that amount, $23,000,000 is derived from the oil spill liability trust fund, $137,000,000 is derived from the pipeline safety fund, and $8,000,000 is derived from fees collected under 49 U.S.C. 60302 and deposited in the underground natural gas storage facility safety account. The agreement provides the following levels for specific activities within this account: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Research and development................................ $15,000,000 State pipeline safety grants............................ 56,000,000 One-Call State grants................................... 1,058,000 State damage prevention grants.......................... 1,500,000 ------------------------------------------------------------------------ LNG Facilities.--The agreement amends the House report directive on rulemaking related to Part 193 regulations to instead direct PHMSA to provide a minimum of 45 days for public comment. [[Page H11462]] EMERGENCY PREPAREDNESS GRANTS (EMERGENCY PREPAREDNESS FUND) The bill provides an obligation limitation of $28,318,000 for emergency preparedness grants, to remain available until September 30, 2022. Office of Inspector General SALARIES AND EXPENSES The bill provides $94,600,000 for the salaries and expenses of the Office of Inspector General. General Provisions--Department Of Transportation Section 180 provides authorization for the DOT to maintain and operate aircraft, hire passenger motor vehicles and aircraft, purchase liability insurance, buy uniforms, or allowances therefor. Section 181 limits appropriations for services authorized by 5 U.S.C. 3109 up to the rate permitted for an Executive Level IV. Section 182 prohibits recipients of funds in this Act from disseminating personal information obtained by State DMVs in connection to motor vehicle records with an exception. Section 183 prohibits funds in this Act for salaries and expenses of more than 125 political and Presidential appointees in the Department of Transportation. Section 184 stipulates that revenue collected by FHWA and FRA from States, counties, municipalities, other public authorities, and private sources for training may be credited to specific accounts within the agencies with an exception for State rail safety inspectors participating in training. Section 185 prohibits DOT from using funds to make a loan, loan guarantee, line of credit, or discretionary grant unless DOT gives a 3-day advance notice to the House and Senate Committees on Appropriations. The provision requires concurrent notice of any ``quick release'' of funds from FHWA's emergency relief program, and prohibits notifications from involving funds not available for obligation. The provision also requires DOT to provide a comprehensive list of all loans, loan guarantees, lines of credit, cooperative agreements, or discretionary grants that will be announced with a 3-day advance notice to the House and Senate Committees on Appropriations. Section 186 allows funds received from rebates, refunds, and similar sources to be credited to appropriations of DOT. Section 187 allows amounts from improper payments to a third party contractor that are lawfully recovered by DOT to be made available until expended to cover expenses incurred in the recovery of such payments. Section 188 requires that reprogramming actions have to be approved or denied by the House and Senate Committees on Appropriations, and reprogramming notifications shall be transmitted solely to the Appropriations Committees. Section 189 allows funds appropriated to modal administrations to be obligated for the Office of the Secretary for costs related to assessments only when such funds provide a direct benefit to the modal administrations. Section 190 authorizes the Secretary to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits, including distribution of transit benefits. Section 191 allows the use of funds to assist a contract utilizing geographic, economic, or other hiring preference not otherwise authorized by law, only if certain requirements are met related to availability of local labor, displacement of existing employees, and delays in transportation plans. Section 192 extends the authorization for certain direct loans or loan guarantees under the Railroad Rehabilitation and Improvement Financing program until September 30, 2020. Section 193 directs the Secretary of Transportation to work with the Secretary of Homeland Security to ensure that best practices for Industrial Control Systems procurement are up to date and that systems procured with funds provided under this title were procured using such practices. TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Management and Administration EXECUTIVE OFFICES The agreement provides $14,217,000 for the salaries and expenses for executive offices, available until September 30, 2021, and directs the Secretary to provide a spend plan to the House and Senate Committees on Appropriations that outlines how budgetary resources will be allocated among the Offices of the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Partnerships. ADMINISTRATIVE SUPPORT OFFICES The agreement provides $563,378,000 for the salaries and expenses for administrative support offices, available until September 30, 2021. Funds are provided as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Office of the Chief Financial Officer................. $73,562,000 Office of the General Counsel......................... 103,916,000 Office of Administration.............................. 206,849,000 Office of the Chief Human Capital Officer............. 39,827,000 Office of Field Policy and Management................. 57,861,000 Office of the Chief Procurement Officer............... 19,445,000 Office of Departmental Equal Employment Opportunity... 4,242,000 Office of the Chief Information Officer............... 57,676,000 ----------------- Total............................................. $563,378,000 ------------------------------------------------------------------------ With regards to the hiring and separations report, the agreement does not require data on unfilled FTEs. The agreement does not establish an Office of Credit; and while it permits the Office of the Chief Financial Officer (OCFO) to absorb aspects of the Office of Business Transformation, it does not approve the reorganization of the Appropriations Liaison Division or a broader reshaping of OCFO. The agreement directs the Department to prioritize the hiring of 5 additional FTEs for the Office of Disaster and Emergency Management and to report to the Committees on implementation of this directive within 15 days of enactment of this Act. The agreement reminds the Department that providing timely and accurate information and technical assistance to the House and Senate Committees on Appropriations is an essential requirement of our Constitutional democracy and is necessary to conduct oversight of Federal resources and execution of Congressional direction. PROGRAM OFFICES The agreement provides $847,000,000 for the salaries and expenses for program offices, available until September 30, 2021. Funds are provided as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Office of Public and Indian Housing................... $227,000,000 Office of Community Planning and Development.......... 124,000,000 Office of Housing..................................... 384,000,000 Office of Policy Development and Research............. 28,000,000 Office of Fair Housing and Equal Opportunity.......... 75,000,000 Office of Lead Hazard Control and Healthy Homes....... 9,000,000 ----------------- Total............................................. $847,000,000 ------------------------------------------------------------------------ The agreement directs the Department to prioritize hiring and backfilling 20 additional FTEs for the Office of Public Housing and Voucher Programs and 5 additional FTEs for the Office of Native American Programs, both within the Office of Public and Indian Housing (PIH), and 10 additional FTEs for the Office of Grant Programs within the Office of Community Planning and Development to support the community development block grant disaster recovery grant program, and to report to the Committees on implementation of this directive within 15 days of enactment of this Act. The agreement further directs PIH to prioritize the hiring of FTEs for conducting or overseeing public housing inspections and assessments. The agreement rejects the President's budget proposal to transfer Real Estate Assessment Center financial and physical assessment services, including personnel, to the Working Capital Fund, and maintains these resources within the Offices of Public and Indian Housing, Community Planning and Development, and Housing. The agreement directs the Department to issue guidelines to jurisdictions on how to assess the potential inclusion of manufactured homes in a community's comprehensive housing and affordability strategy and community development plans required under part 91 of title 24, Code of Federal Regulations; instead of similar direction included in the Senate report. The agreement directs the Department to use a portion of the increases for the Offices of Public and Indian Housing, Community Planning and Development, and Housing to fulfill its responsibilities under the Violence Against Women Act to provide housing protections for victims of domestic violence, dating violence, sexual assault, and stalking. WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) The agreement directs that, of the authorized services within the Working Capital Fund (referred to in this paragraph as the ``Fund''), no new activities or expansions of existing shared service agreements may be undertaken until the Department has hired at least one cost accountant for the Fund. The agreement also rejects the proposal to transfer Real Estate Assessment Center financial and physical assessment services, including budget formulation, inspections or any other activity not expressly permitted, to the Fund. Public and Indian Housing TENANT-BASED RENTAL ASSISTANCE The bill provides $23,874,050,000 for all tenant-based Section 8 activities under the tenant-based rental assistance account, to remain available until expended. The bill provides $21,502,000,000 for the renewal of tenant-based vouchers. This amount includes funding to renew veterans affairs supportive housing (VASH) vouchers funded in prior years and the bill also includes an additional $40,000,000 for incremental VASH vouchers. The bill provides $1,000,000 for the Tribal HUD-VASH demonstration, which in combination with unused prior year funding, will be sufficient to fully renew new and existing grants in fiscal year 2020 as well as accommodate program expansion as appropriate. In addition to the $75,000,000 that the bill provides for tenant protection vouchers (TPVs), the account has nearly $110,000,000 in carryover funds which makes a total of approximately $185,000,000 available for TPVs. With regards to the House report on the purchasing power of vouchers, the agreement [[Page H11463]] directs that the Department develop recommendations regarding funding levels necessary to ensure that public housing agencies (PHAs), including moving to work (MTW) agencies, are able to continue serving a similar number of households and to include these recommendations in the report required by the House directive no later than 60 days after enactment of this Act. HOUSING CERTIFICATE FUND (INCLUDING RESCISSIONS) The agreement includes language allowing unobligated balances in the housing certificate fund to be used for the renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators. PUBLIC HOUSING CAPITAL FUND The bill provides $2,869,893,812 for the public housing capital fund, to remain available until September 30, 2023. The bill provides up to $14,000,000 for public housing financial and physical assessment activities; up to $1,000,000 for administrative and judicial receiverships; not to exceed $64,650,000 for emergency capital needs, of which $34,650,000 shall be for public housing agencies under receivership or under the control of a federal monitor which shall be awarded based on need and shall not be subject to a cap on individual grant award amounts and, of which not less than $10,000,000 is for safety and security measures; and $45,000,000 for competitive grants to public housing agencies to evaluate and reduce lead-based paint hazards and other hazards, such as carbon monoxide and mold, in public housing, of which $25,000,000 is specifically for lead hazards. The agreement provides that all PHAs, including those that are troubled, substandard, or are under the direction of HUD, a monitor, or a court-appointed receiver are eligible for funding for competitive grants for both lead-based paint hazards and other hazards, such as carbon monoxide and mold. PUBLIC HOUSING OPERATING FUND The bill provides $4,549,000,000 for the public housing operating fund, to remain available until September 30, 2021. Of this amount, $25,000,000 is available for a need-based allocation to PHAs that experience financial insolvency. The agreement does not include the House directives on ``Enterprise Income Verification'' (EIV). Instead, the Department is directed to study how to utilize current employment and income information available through payroll data providers in upfront income verification tools within its EIV system. The study should include cost estimates and legal and regulatory changes required to include the data. The Department is directed to provide a briefing to the Committees on the results of this study within 180 days of enactment of this Act. CHOICE NEIGHBORHOODS INITIATIVE The bill provides $175,000,000 for the choice neighborhoods initiative, to remain available until September 30, 2022. Of this amount, not less than $87,500,000 shall be made available to PHAs and no more than $5,000,000 is available for planning grants. The bill requires the Department to issue the notice of funding availability within 90 days of enactment of this Act. SELF-SUFFICIENCY PROGRAMS The bill provides $130,000,000 for self-sufficiency programs, to remain available until September 30, 2023. Of the amount provided, $80,000,000 is for the family self- sufficiency program (FSS), $35,000,000 is for the resident opportunity and self-sufficiency program, and $15,000,000 is for the jobs plus initiative. The agreement directs the Department to include data on FSS participation, escrow accumulation and graduate rates in its annual budget submission to Congress; but does not require that the data be broken out by racial or ethnic categories. NATIVE AMERICAN PROGRAMS (INCLUDING TRANSFER OF FUNDS) The bill restructures the major programs administered by HUD's Office of Native American Programs into a single account, native american programs. The bill provides a total of $825,000,000 for these programs, to remain available until September 30, 2024, unless otherwise specified. The bill provides the following levels for specific activities within this account: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Native American Housing Block Grants--Formula........... $646,000,000 Title VI Loan Program................................... 2,000,000 Native American Housing Block Grants--Competitive....... 100,000,000 Indian Community Development Block Grants............... 70,000,000 Training and Technical Assistance....................... 7,000,000 ------------------------------------------------------------------------ INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT The bill provides $1,100,000 for the cost of guaranteed loans, to remain available until expended. The bill provides an additional $500,000, to remain available until expended, for administrative contract expenses to carry out the loan guarantee program. The Secretary may subsidize a total loan level of up to $1,000,000,000, to remain available until expended. NATIVE HAWAIIAN HOUSING BLOCK GRANT The bill provides $2,000,000 for the native hawaiian housing block grant program, to remain available until September 30, 2024. Community Planning and Development HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS The bill provides $410,000,000 for housing opportunities for persons with AIDS program, to remain available until September 30, 2021, except that amounts allocated pursuant to 854(c)(5) shall remain available until September 30, 2022. COMMUNITY DEVELOPMENT FUND The bill provides $3,425,000,000 for the community development fund, to remain available until September 30, 2022. Of the total, the bill provides $3,400,000,000 in formula funding and $25,000,000 for activities authorized under section 8071 of the SUPPORT for Patients and Communities Act. COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT The bill provides the authority to collect fees from borrowers adequate to result in a subsidy cost of zero. The bill also provides an aggregate limitation on commitments of no more than $300,000,000 for loan guarantees under section 108. HOME INVESTMENT PARTNERSHIPS PROGRAM The bill provides $1,350,000,000, to remain available until September 30, 2023, for the HOME investment partnerships program. The agreement urges the Department and grantees to fully utilize funds designated for community housing development organizations in a timely manner. SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM The bill provides a total of $55,000,000 to remain available until September 30, 2022. Within this amount, $10,000,000 is available for the self-help homeownership opportunity program; $36,000,000 for the second, third, and fourth capacity building activities authorized under section 4(a) of the HUD Demonstration Act of 1993, of which not less than $5,000,000 shall be for rural capacity building activities; $5,000,000 for capacity building activities by national organizations with expertise in rural development; and $4,000,000 for a program to rehabilitate and modify homes of disabled or low-income veterans as authorized under section 1079 of Public Law 113-291. HOMELESS ASSISTANCE GRANTS The bill provides $2,777,000,000, to remain available until September 30, 2022, for homeless assistance grants. Funding is provided in the amounts shown in the following table: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Continuum of care and rural housing not less than $2,350,000,000 stability assistance. Emergency solutions grants................ not less than $290,000,000 Projects to assist survivors of domestic up to $50,000,000 violence, dating violence, sexual assault or stalking. National homeless data analysis project... up to $7,000,000 Comprehensive approach to serving homeless up to $80,000,000 youth. Technical assistance.................. [up to $10,000,000] ----------------------------- Total............................. $2,777,000,000 ------------------------------------------------------------------------ Housing Programs PROJECT-BASED RENTAL ASSISTANCE The bill provides $12,570,000,000 for project-based rental assistance activities, to remain available until expended, including $12,170,000,000 to be available on October 1, 2019 and an advance appropriation of $400,000,000 to be available on October 1, 2020. Of the total, not more than $345,000,000 is for performance-based contract administrators. HOUSING FOR THE ELDERLY The agreement provides $793,000,000 for the Section 202 program, to remain available until September 30, 2023, of which up to $100,000,000 shall be for service coordinators and the continuation of existing congregate service grants, and $10,000,000 shall be for the aging in place home modification grant program. It also includes $90,000,000 for new capital advance and project rental assistance contracts. HOUSING FOR PERSONS WITH DISABILITIES The agreement provides $202,000,000 for the Section 811 program, to remain available until September 30, 2023. This includes $40,000,000 for new capital advance and project rental assistance awards. HOUSING COUNSELING ASSISTANCE The bill provides $53,000,000 for housing counseling assistance, to remain available until September 30, 2021. This includes up to $4,500,000 for administrative contract services and up to $3,000,000 for the certification of housing counselors. The agreement directs HUD to produce a report detailing its work to improve eviction prevention efforts and augment the services of housing counselors within 120 days of enactment of this Act. RENTAL HOUSING ASSISTANCE The agreement provides $3,000,000 for the rental housing assistance program and allows the Department to use funds, including unobligated balances and recaptured amounts, for one-year contract extensions. PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND The agreement provides $13,000,000 for the manufactured housing standards programs, of which $13,000,000 is to be derived from fees collected and deposited in the manufactured housing fees trust fund. Federal Housing Administration MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT The agreement sets a limit of $400,000,000,000 on commitments to guarantee [[Page H11464]] single-family loans and $130,000,000 for administrative contract expenses, which shall be available until September 30, 2021. GENERAL AND SPECIAL RISK PROGRAM ACCOUNT The agreement sets a $30,000,000,000 limit on multifamily and specialized loan guarantees and provides that such commitment authority shall be available until September 30, 2021. Government National Mortgage Association GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT The agreement sets a limit of up to $550,000,000,000 for new commitments and provides $30,500,000 for salaries and expenses for the government national mortgage association, which shall be available until September 30, 2021. Policy Development and Research RESEARCH AND TECHNOLOGY The bill provides $98,000,000 for research and technology activities and technical assistance, to remain available until September 30, 2021. The agreement includes $54,375,000 for core research and technology including: market surveys, research support and dissemination, data acquisition, housing finance studies, research partnerships, housing technology, up to $500,000 for innovation activities, up to $500,000 for expanding the use of United States Postal Service data, and up to $3,375,000 for cooperative agreements and research partnerships with Historically Black Colleges and Universities. The agreement includes not less than $29,875,000 under this heading for technical assistance, of which $2,375,000 shall be for targeted technical assistance to PHAs under the direction of a federal monitor, and of which $2,500,000 shall be available on a competitive basis to non-profit or private sector organizations to provide technical assistance to distressed cities or regions, including those that have been impacted by a natural disaster. The agreement includes up to $13,750,000 for critical research, demonstrations, and evaluations, including: $1,500,000 for an assessment of public housing capital needs; $2,500,000 for housing discrimination study 2020, including studying discrimination faced by Limited English Proficiency (LEP) individuals; $500,000 for a collaboration with the Centers for Medicare and Medicaid Services on how Medicare and Medicaid funds can be used to support programs that use affordable senior housing as a platform for coordinating health, wellness, and supportive services and programs to help older adults remain healthy, age in their community, and reduce their use of costly health care services; $500,000 for a study of alternative methods for calculating Fair Market Rents in rental markets with rapidly rising rents; $750,000 for a study on the Impact of RAD on children in assisted households; and New funding for: the MTW expansion study; family options study; long term tracking of the family self- sufficiency program; the study on housing search assistance for people with disabilities; and a study on competitive evaluation grants to assess the impact of the community development block grant program and HOME eligible activities. The agreement directs HUD to include recommendations on research related to evictions prevention or expanding access to rental opportunities as part of its fiscal year 2021 budget request. Fair Housing and Equal Opportunity FAIR HOUSING ACTIVITIES The bill provides $70,300,000 for fair housing activities, to remain available until September 30, 2021. This includes $44,950,000 for the fair housing initiatives program (FHIP), $23,500,000 for the fair housing assistance program, $1,500,000 for the National Fair Housing Training Academy, and $350,000 for translated materials. Of the funds available for FHIP, not less than $7,850,000 is for education and outreach programs, and not less than $750,000 is for fair housing organization initiatives. The agreement requires that grants be awarded within 180 days of enactment of this Act, and directs that any outstanding fiscal year 2019 FHIP grants be awarded no later than 90 days after enactment of this Act. Office of Lead Hazard Control and Healthy Homes LEAD HAZARD REDUCTION The bill provides $290,000,000 for lead hazard control and healthy homes programs, to remain available until September 30, 2022. Of the amount provided, $50,000,000 is available for the healthy homes initiative; not less than $95,000,000 is available for lead-based paint hazard reduction in jurisdictions with the highest lead-based paint abatement needs; and $64,000,000 shall be for projects to demonstrate the effectiveness of intensive, multi-year interventions in reducing lead-based paint hazards. Of the funds provided for the healthy homes initiative, $5,000,000 shall be used to establish pilot projects in up to five communities served by both healthy homes and the Department of Energy weatherization assistance program (WAP). The Department is directed to give priority consideration to applicants with experience in partnering with WAP. The agreement also directs HUD to collect information on the benefits of coordinating with the Department of Energy, evaluate if improved health outcomes are achieved, and provide information on the replicability and sustainability of these models to the Committees on Appropriations on an annual basis. The agreement does not direct the Secretary to establish a pilot program or take action on public water systems. The Committee encourages HUD to cooperate with the Environmental Protection Agency on efforts to ensure that all HUD-assisted and low-income housing residents have access to housing that is free of lead and other contaminants. The agreement directs HUD to emphasize fall prevention and management strategies, along with its other efforts and mission to improve home safety and reduce incidences of asthma, mold, pests and radon through the healthy homes initiative. Information Technology Fund The agreement provides $280,000,000 for the information technology fund, of which $260,000,000 is available until September 30, 2021, and $20,000,000 is available until September 30, 2022. Office of Inspector General The bill provides $138,200,000 for the salaries and expenses of the Office of Inspector General. Within this amount, $10,000,000 is available until September 30, 2021, to procure an independent external auditor(s) for the fiscal year 2020 and subsequent financial statements, including the financial statements of FHA and GNMA. General Provisions--Department of Housing and Urban Development (INCLUDING TRANSFER OF FUNDS) (INCLUDING RESCISSIONS) Section 201 splits overpayments evenly between Treasury and State HFAs. Section 202 prohibits funds from being used to investigate or prosecute lawful activities under the Fair Housing Act. Section 203 requires any grant or cooperative agreement to be made on a competitive basis, unless otherwise provided, in accordance with Section 102 of the Department of Housing and Urban Development Reform Act of 1989. Section 204 relates to the availability of funds for services and facilities for GSEs and others subject to the Government Corporation Control Act and the Housing Act of 1950. Section 205 prohibits the use of funds in excess of the budget estimates, unless provided otherwise. Section 206 relates to the expenditure of funds for corporations and agencies subject to the Government Corporation Control Act. Section 207 requires the Secretary to provide quarterly reports on uncommitted, unobligated, recaptured, and excess funds in each departmental program and activity. Section 208 exempts GNMA from certain requirements of the Federal Credit Reform Act of 1990. Section 209 authorizes HUD to transfer debt and use agreements from an obsolete project to a viable project, provided that no additional costs are incurred and other conditions are met. Section 210 sets forth requirements for Section 8 voucher assistance eligibility, and includes consideration for persons with disabilities. Section 211 distributes Native American Housing Block Grants to the same Native Alaskan recipients as in fiscal year 2005. Section 212 instructs HUD on managing and disposing of any multifamily property that is owned or held by HUD. Section 213 allows PHAs that own and operate 400 or fewer units of public housing to be exempt from asset management requirements. Section 214 restricts the Secretary from imposing any requirements or guidelines relating to asset management that restrict or limit the use of capital funds for central office costs, up to the limits established in law. Section 215 requires that no employee of the Department shall be designated as an allotment holder unless the CFO determines that such employee has received certain training. Section 216 requires the Secretary to publish all notices of funding availability that are competitively awarded on the internet for fiscal year 2020. Section 217 requires attorney fees for programmatic litigation to be paid from the individual program office and Office of General Counsel salaries and expenses appropriations, and requires the Department to submit a spend plan to the House and Senate Committees on Appropriations. Section 218 allows the Secretary to transfer up to 10 percent of funds or $5,000,000, whichever is less, appropriated under the headings ``Administrative Support Offices'' or ``Program Offices'' to any other office funded under such headings. Section 219 requires HUD to take certain actions against owners receiving rental subsidies that do not maintain safe properties. Section 220 places a salary and bonus limit on public housing agency officials and employees. Section 221 requires the Secretary to notify the House and Senate Committees on Appropriations at least 3 full business days before grant awards are announced. Section 222 prohibits funds to be used to require or enforce the Physical Needs Assessment (PNA). Section 223 prohibits funds for HUD financing of mortgages for properties that have been subject to eminent domain. Section 224 prohibits the use of funds to terminate the status of a unit of general [[Page H11465]] local government as a metropolitan city with respect to grants under section 106 of the Housing and Community Development Act of 1974. Section 225 allows funding for research, evaluation, and statistical purposes that is unexpended at the time of completion of the contract, grant, or cooperative agreement to be reobligated for additional research. Section 226 prohibits funds for financial awards for employees subject to administrative discipline. Section 227 authorizes the Secretary on a limited basis to use funds available under the ``Homeless Assistance Grants'' heading to participate in the multiagency performance partnership pilots program for fiscal year 2020. Section 228 allows program income as an eligible match for 2015, 2016, 2017, 2018, 2019, and 2020 continuum of care funds. Section 229 permits HUD to provide one year transition grants under the continuum of care program. Section 230 prohibits the use of funds to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule entitled, ``Affirmatively Furthering Fair Housing'' or the notice entitled, ``Affirmatively Further Fair Housing Assessment Tool''. Section 231 specifies authorized uses of and conditions for recaptured funds under the ``Homeless Assistance Grants'' heading. Section 232 maintains current promise zone designations and agreements. Section 233 prohibits funds from being used to establish review criteria, including rating factors or preference points, for competitive grants programs for envision center participation or coordination. Section 234 requires the Department to make data for broadband and resiliency requirements to be incorporated into Consolidated Plans available to grantees, and for grantees to incorporate broadband and resiliency components into their Consolidated Plans. Section 235 prohibits funds from being used to make changes to the Annual Contributions Contract that was in effect on December 31, 2017. Section 236 prohibits funds from being used to make funding decisions for FSS based on performance metrics. Section 237 rescinds unobligated balances from various accounts. Section 238 addresses the establishment of reserves for public housing agencies designated as Moving to Work agencies. Section 239 prohibits funds from being used to make certain eligibility limitations as part of a notice of funding availability for competitive grant awards under the Public Housing Capital Fund. TITLE III--RELATED AGENCIES Access Board SALARIES AND EXPENSES The bill provides $9,200,000 for salaries and expenses, including $800,000 for activities authorized under section 432 of P.L. 115-254. Federal Maritime Commission SALARIES AND EXPENSES The bill provides $28,000,000 for the salaries and expenses of the Federal Maritime Commission, of which not more than $2,000 shall be available for official reception and representation expenses. Of the funds provided, up to $487,159 is available for the Office of Inspector General. National Railroad Passenger Corporation Office of Inspector General SALARIES AND EXPENSES The bill provides $24,274,000 for the salaries and expenses of the National Railroad Passenger Corporation Office of Inspector General. National Transportation Safety Board SALARIES AND EXPENSES The bill provides $110,400,000 for the salaries and expenses of the National Transportation Safety Board. Neighborhood Reinvestment Corporation PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION The bill provides $158,500,000 for the Neighborhood Reinvestment Corporation, of which $5,000,000 shall be for a multi-family rental housing program. Within the total, the bill provides $1,000,000, to remain available until September 30, 2023, for the promotion and development of shared equity housing models. Surface Transportation Board SALARIES AND EXPENSES The bill provides $37,100,000 for salaries and expenses. The bill permits the collection of up to $1,250,000 in user fees to be credited to that appropriation and provides that the general fund appropriation be reduced on a dollar-for- dollar basis by the actual amount collected in user fees to result in a final appropriation from the general fund estimated at no more than $35,850,000. United States Interagency Council on Homelessness OPERATING EXPENSES The bill provides $3,800,000, to remain available until September 30, 2021, for operating expenses of the United States Interagency Council on Homelessness. TITLE IV--GENERAL PROVISIONS--THIS ACT Section 401 prohibits the use of funds for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings. Section 402 prohibits the obligation of funds beyond the current fiscal year and the transfer of funds to other appropriations, unless expressly provided. Section 403 limits consulting service expenditures through procurement contracts to those contracts contained in the public record, except where otherwise provided under existing law. Section 404 prohibits funds from being used for certain types of employee training. Section 405 specifies requirements for the reprogramming of funds and requires agencies to submit a report in order to establish the baseline for the application of reprogramming and transfer authorities. Section 406 provides that not to exceed 50 percent of unobligated balances for salaries and expenses may remain available until September 30, 2021, for each account for the purposes authorized, subject to the approval of the House and Senate Committees on Appropriations. Section 407 prohibits the use of funds for any project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Section 408 prohibits funds from being transferred to any department, agency, or instrumentality of the U.S. Government, except where transfer authority is provided in this or any other appropriations Act. Section 409 prohibits funds from being used to permanently replace an employee intent on returning to his or her past occupation following completion of military service. Section 410 prohibits funds from being used by an entity unless the expenditure is in compliance with the Buy American Act. Section 411 prohibits funds from being made available to any person or entity that has been convicted of violating the Buy American Act. Section 412 prohibits funds from being used for first-class airline accommodations in contravention of sections 301 0910.122 and 301 0910.123 of title 41 CFR. Section 413 prohibits funds from being used for the approval of a new foreign air carrier permit or exemption application if that approval would contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agreement. Section 414 restricts the number of employees that agencies may send to international conferences unless such attendance is important to the national interest. Section 415 caps the amount of fees the Surface Transportation Board can charge or collect for rate or practice complaints filed at the amount authorized for district court civil suit filing fees. Section 416 prohibits the use of funds to purchase or lease new light-duty vehicles for any executive fleet or fleet inventory, except in accordance with Presidential Memorandum- Federal Fleet Performance, dated May 24, 2011. Section 417 prohibits funds from being used to maintain or establish computer networks unless such networks block the viewing, downloading, or exchange of pornography. Section 418 prohibits funds from being used to deny an Inspector General timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities, or to prevent or impede that Inspector General's access to such records, documents, or other materials. Section 419 prohibits funds to be used to pay award or incentive fees for contractors whose performance is below satisfactory, behind schedule, over budget, or failed to meet requirements of the contract, with exceptions. Section 420 provides that any reference to ``this Act'' contained in this division shall only apply to provisions in this division. Section 421 prohibits funds from being used in contravention of 49 U.S.C. 5309(d)(2). Section 422 prohibits funds from being used to issue rules or guidance in contravention of section 1210 of P.L. 115-254 or section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Section 423 prohibits funds from being used in contravention of section 2635.702 of title 5 CFR. Section 424 rescinds certain general fund highway unobligated balances. Section 425 exempts the Wendell H. Ford (Western Kentucky) Parkway from certain weight limits in 23 U.S.C. 127 and would designate the Parkway as a High-Priority Corridor. 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