[Congressional Record Volume 165, Number 204 (Tuesday, December 17, 2019)]
[House]
[Pages H11061-H11484]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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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.
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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
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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.
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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.
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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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DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
CONGRESSIONAL DIRECTIVES
The statement is silent on provisions that were in both the
House Report (H. 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.
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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.
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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
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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:
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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:
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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:
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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:
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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:
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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.
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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.
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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.
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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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DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
The following is an explanation of the effects of Division
E, which makes appropriations for the legislative branch for
fiscal year 2020. 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
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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
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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.
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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.
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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.
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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.
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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.
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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]]
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[[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
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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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