[House Prints, 117th Congress]
[From the U.S. Government Publishing Office]
117th Congress }
HOUSE OF REPRESENTATIVES
1st Session }
_______________________________________________________________________
CONSOLIDATED APPROPRIATIONS ACT, 2021
__________
C O M M I T T E E P R I N T
of the
COMMITTEE ON APPROPRIATIONS
U.S. HOUSE OF REPRESENTATIVES
on
H.R. 133 / Public Law 116-260
[Legislative Text and Explanatory Statement]
Book 1 of 2
Divisions A-F
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 2021
______
U.S. GOVERNMENT PUBLISHING OFFICE
43-749 WASHINGTON : 2021
COMMITTEE ON APPROPRIATIONS
----------
NITA M. LOWEY, New York, Chairwoman
MARCY KAPTUR, Ohio KAY GRANGER, TEXAS
PETER J. VISCLOSKY, Indiana HAROLD ROGERS, KENTUCKY
JOSE E. SERRANO, New York ROBERT B. ADERHOLT, ALABAMA
ROSA L. DeLAURO, Connecticut MICHAEL K. SIMPSON, IDAHO
DAVID E. PRICE, North Carolina JOHN R. CARTER, TEXAS
LUCILLE ROYBAL-ALLARD, California KEN CALVERT, CALIFORNIA
SANFORD D. BISHOP, Jr., Georgia TOM COLE, OKLAHOMA
BARBARA LEE, California MARIO DIAZ-BALART, FLORIDA
BETTY McCOLLUM, Minnesota TOM GRAVES, GEORGIA \1\
TIM RYAN, Ohio STEVE WOMACK, ARKANSAS
C. A. DUTCH RUPPERSBERGER, Maryland JEFF FORTENBERRY, NEBRASKA
DEBBIE WASSERMAN SCHULTZ, Florida CHUCK FLEISCHMANN, TENNESSEE
HENRY CUELLAR, Texas JAIME HERRERA BEUTLER, WASHINGTON
CHELLIE PINGREE, Maine DAVID P. JOYCE, OHIO
MIKE QUIGLEY, Illinois ANDY HARRIS, MARYLAND
DEREK KILMER, Washington MARTHA ROBY, ALABAMA
MATT CARTWRIGHT, Pennsylvania MARK E. AMODEI, NEVADA
GRACE MENG, New York CHRIS STEWART, UTAH
MARK POCAN, Wisconsin STEVEN M. PALAZZO, MISSISSIPPI
KATHERINE M. CLARK, Massachusetts DAN NEWHOUSE, WASHINGTON
PETE AGUILAR, California JOHN R. MOOLENAAR, MICHIGAN
LOIS FRANKEL, Florida JOHN H. RUTHERFORD, FLORIDA
CHERI BUSTOS, Illinois WILL HURD, TEXAS
BONNIE WATSON COLEMAN, New Jersey
BRENDA L. LAWRENCE, Michigan
NORMA J. TORRES, California
CHARLIE CRIST, Florida
ANN KIRKPATRICK, Arizona
ED CASE, Hawaii
----------
\1\Resigned from Congress October 4, 2020
Shalanda Young, Clerk and Staff Director
(ii)
C O N T E N T S
Page
Provisions Applying to All Divisions of the Consolidated
Act 1
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT,FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I--Agricultural Programs 9
Title II--Farm Production and Conservation Programs 18
Title III--Rural Development Programs 23
Title IV--Domestic Food Programs 32
Title V--Foreign Assistance and Related Programs 34
Title VI--Related Agencies and Food and Drug Administration 36
Title VII--General Provisions 39
DIVISION A--Explanatory Statement 61
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
Title I--Department of Commerce 145
Title II--Department of Justice 156
Title III--Science 177
Title IV--Related Agencies 184
Title V--General Provisions 187
DIVISION B--Explanatory Statement 199
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021
Title I--Military Personnel 317
Title II--Operation and Maintenance 319
Title III--Procurement 325
Title IV--Research, Development, Test and Evaluation 330
Title V--Revolving and Management Funds 331
Title VI--Other Department of Defense Programs 332
Title VII--Related Agencies 333
Title VIII--General Provisions 334
Title IX--Overseas Contingency Operations 370
DIVISION C--Explanatory Statement 387
DIVISION D--ENERGY AND WATER DEVELOPMENTAND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
Title I--Corps of Engineers--Civil 769
Title II--Department of the Interior 776
Title III--Department of Energy 780
Title IV--Independent Agencies 792
Title V--General Provisions 795
DIVISION D--Explanatory Statement 799
(iii)
iv
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2021
Page
Title I--Department of the Treasury 999
Title II--Executive Office of the President and Funds
Appropriated to the President 1010
Title III--The Judiciary 1017
Title IV--District of Columbia 1021
Title V--Independent Agencies 1025
Title VI--General Provisions--This Act 1044
Title VII--General Provisions--Government-wide 1050
Title VIII--General Provisions--District of Columbia 1065
Title IX--General Provision--Emergency Funding 1069
DIVISION E--Explanatory Statement 1071
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021
Title I--Departmental Management, Operations, Intelligence,
and Oversight 1133
Title II--Security, Enforcement, and Investigations 1135
Title III--Protection, Preparedness, Response, and Recovery 1145
Title IV--Research, Development, Training, and Services 1150
Title V--General Provisions 1153
DIVISION F--Explanatory Statement 1163
Clerk's Note
This committee print provides a compilation of the enacted
text and applicable explanatory material for the Consolidated
Appropriations Act, 2021 (H.R. 133, P.L. 116-260).
The Act consists of 12 divisions related to regular annual
Appropriations matters (divisions A through L). Division M
contains the Coronavirus Response and Relief Supplemental
Appropriations Act, 2021, which provides supplemental
appropriations for fiscal year 2021. The Act also includes 19
additional divisions largely unrelated to appropriations
matters (divisions N through FF). This compilation includes
only the 12 divisions related to regular appropriations matters
(A through L). It also includes the front section of the Act,
which contains provisions applicable to the entire Act.
Divisions A through L are the products of negotiations
between the House and Senate Appropriations Committees on final
fiscal year 2021 appropriations for all 12 annual
appropriations bills.
The legislative text was submitted by Chairwoman Nita Lowey
of the House Committee on Appropriations as a House amendment
to the Senate amendment to an unrelated bill pending in the
House, H.R. 133. Both the House and Senate agreed to the
measure on December 21, 2020.\1\ The President signed the
legislation on December 27, 2020 and it became Public Law 116-
260.
Because an ``amendments-between-the-Houses'' process was
used instead of a conference committee, there is no conference
report and no ``joint Explanatory Statement of the managers''
for H.R. 133. An Explanatory Statement relating to the House
amendment to H.R. 133 was filed by Chairwoman Lowey in the
Congressional Record on December 21, 2020.\2\ Section 4 of the
Act provides that this Explanatory Statement ``shall have the
same effect with respect to the allocation of funds and
implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of
conference.''
For the convenience of users, the legislative text of each
appropriations division is paired with the applicable section
of the Explanatory Statement.
---------------------------------------------------------------------------
\1\ The House agreed to the amendment in two parts, first by a vote
of 327-85 (Roll Call No. 250) on divisions B, C, E, and F and then on
the remaining divisions by a vote of 359-53 (Roll Call No. 251). The
Senate agreed to the amendment by a vote of 92-6 (Roll Call Vote No.
289).
\2\ The Explanatory Statement appears in Books III and IV of the
December 21, 2020 Congressional Record. (See pages H7879-H8851).
---------------------------------------------------------------------------
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
PROVISIONS APPLYING TO ALL DIVISIONS OF THE CONSOLIDATED APPROPRIATIONS
ACT
=======================================================================
Resolved by the Senate and the House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2021''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
Sec. 8. Definition.
Sec. 9. Office of Management and Budget Reporting Requirement.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2021
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
Title IX--General Provision--Emergency Funding
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021
Title I--Departmental Management, Operations, Intelligence, and
Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--General Provisions
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2021
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Nita M. Lowey Middle East Partnership for Peace Act of 2020
Title IX--Emergency Funding and Other Matters
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
[Clerk's note.--Reproduced below are the introductory
paragraphs of the Explanatory Statement regarding H.R. 133, the
Consolidated Appropriations Act, 2021.\1\]
EXPLANATORY STATEMENT SUBMITTED BY MRS. LOWEY, CHAIRWOMAN OF THE HOUSE
COMMITTEE ON APPROPRIATIONS REGARDING H.R. 133, CONSOLIDATED
APPROPRIATIONS ACT, 2021
The following is an explanation of the Consolidated
Appropriations Act, 2021. This Act includes 12 regular
appropriations bills for fiscal year 2021. The divisions
contained in this book are as follows:
Division A--Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2021
Division B--Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2021
Division C--Department of Defense Appropriations
Act, 2021
Division D--Energy and Water Development and
Related Agencies Appropriations Act, 2021
Division E--Financial Services and General
Government Appropriations Act, 2021
Division F--Department of Homeland Security
Appropriations Act, 2021
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H7879 of
Book III.
---------------------------------------------------------------------------
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
=======================================================================
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$46,998,000, of which not to exceed $5,101,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,324,000 shall be available for the Office of Homeland
Security; not to exceed $7,002,000 shall be available for the
Office of Partnerships and Public Engagement, of which
$1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed
$22,321,000 shall be available for the Office of the Assistant
Secretary for Administration, of which $21,440,000 shall be
available for Departmental Administration to provide for
necessary expenses for management support services to offices
of the Department and for general administration, security,
repairs and alterations, and other miscellaneous supplies and
expenses not otherwise provided for and necessary for the
practical and efficient work of the Department: Provided, That
funds made available by this Act to an agency in the
Administration mission area for salaries and expenses are
available to fund up to one administrative support staff for
the Office; not to exceed $3,908,000 shall be available for the
Office of Assistant Secretary for Congressional Relations and
Intergovernmental Affairs to carry out the programs funded by
this Act, including programs involving intergovernmental
affairs and liaison within the executive branch; and not to
exceed $7,342,000 shall be available for the Office of
Communications: Provided further, That the Secretary of
Agriculture is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by
more than 5 percent: Provided further, That not to exceed
$22,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise
provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the
holding of hearings as required by 5 U.S.C. 551-558: Provided
further, That funds made available under this heading for the
Office of the Assistant Secretary for Congressional Relations
and Intergovernmental Affairs may be transferred to agencies of
the Department of Agriculture funded by this Act to maintain
personnel at the agency level: Provided further, That no funds
made available under this heading for the Office of Assistant
Secretary for Congressional Relations may be obligated after 30
days from the date of enactment of this Act, unless the
Secretary has notified the Committees on Appropriations of both
Houses of Congress on the allocation of these funds by USDA
agency: Provided further, That during any 30 day notification
period referenced in section 716 of this Act, the Secretary of
Agriculture shall take no action to begin implementation of the
action that is subject to section 716 of this Act or make any
public announcement of such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$24,192,000, of which $8,000,000 shall be for grants or
cooperative agreements for policy research under 7 U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$15,394,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,629,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $66,814,000, of which not less than $56,000,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,109,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $908,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$22,789,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C. 121,
for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $108,124,000, to remain
available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
$6,514,000, to remain available until expended: Provided, That
appropriations and funds available herein to the Department for
Hazardous Materials Management may be transferred to any agency
of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security, and
Protection, $23,218,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $99,912,000, including
such sums as may be necessary for contracting and other
arrangements with public agencies and private persons pursuant
to section 6(a)(9) of the Inspector General Act of 1978 (Public
Law 95-452; 5 U.S.C. App.), and including not to exceed
$125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector
General Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and
section 1337 of the Agriculture and Food Act of 1981 (Public
Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$45,390,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,184,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $809,000: Provided,
That funds made available by this Act to an agency in the
Research, Education, and Economics mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$85,476,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $183,921,000, of which up to $46,300,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current Industrial
Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $1,491,784,000:
Provided, That appropriations hereunder shall be available for
the operation and maintenance of aircraft and the purchase of
not to exceed one for replacement only: Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of
buildings and improvements, but unless otherwise provided, the
cost of constructing any one building shall not exceed
$500,000, except for headhouses or greenhouses which shall each
be limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a cost
not to exceed $3,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of
the current replacement value of the building or $500,000,
whichever is greater: Provided further, That appropriations
hereunder shall be available for entering into lease agreements
at any Agricultural Research Service location for the
construction of a research facility by a non-Federal entity for
use by the Agricultural Research Service and a condition of the
lease shall be that any facility shall be owned, operated, and
maintained by the non-Federal entity and shall be removed upon
the expiration or termination of the lease agreement: Provided
further, That the limitations on alterations contained in this
Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for the
construction of a research facility by a non-Federal entity for
use by, and acceptable to, the Agricultural Research Service
and a condition of the easements shall be that upon completion
the facility shall be accepted by the Secretary, subject to the
availability of funds herein, if the Secretary finds that
acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from any
State, other political subdivision, organization, or individual
for the purpose of establishing or operating any research
facility or research project of the Agricultural Research
Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $35,700,000 to
remain available until expended, of which $11,200,000 shall be
allocated for ARS facilities co-located with university
partners.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $992,642,000, which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for research grants
for 1994 institutions, education grants for 1890 institutions,
Hispanic serving institutions education grants, capacity
building for non-land-grant colleges of agriculture, the
agriculture and food research initiative, veterinary medicine
loan repayment, multicultural scholars, graduate fellowship and
institution challenge grants, and grants management systems
shall remain available until expended: Provided further, That
each institution eligible to receive funds under the Evans-
Allen program receives no less than $1,000,000: Provided
further, That funds for education grants for Alaska Native and
Native Hawaiian-serving institutions be made available to
individual eligible institutions or consortia of eligible
institutions with funds awarded equally to each of the States
of Alaska and Hawaii: Provided further, That funds for
education grants for 1890 institutions shall be made available
to institutions eligible to receive funds under 7 U.S.C. 3221
and 3222: Provided further, That not more than 5 percent of
the amounts made available by this or any other Act to carry
out the Agriculture and Food Research Initiative under 7 U.S.C.
3157 may be retained by the Secretary of Agriculture to pay
administrative costs incurred by the Secretary in carrying out
that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $538,447,000, which shall be for
the purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Extension
Activities'' in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act): Provided, That funds for facility improvements at 1890
institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7
U.S.C. 3221 for cooperative extension receive no less than
$1,000,000: Provided further, That funds for cooperative
extension under sections 3(b) and (c) of the Smith-Lever Act (7
U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93-471
shall be available for retirement and employees' compensation
costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses,
$39,000,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute of
Food and Agriculture, Integrated Activities'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
funds for the Food and Agriculture Defense Initiative shall
remain available until September 30, 2022: Provided further,
That notwithstanding any other provision of law, indirect costs
shall not be charged against any Extension Implementation
Program Area grant awarded under the Crop Protection/Pest
Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $809,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for representation
allowances and for expenses pursuant to the Foreign Service Act
of 1980 (22 U.S.C. 4085), $1,064,179,000, of which $478,000, to
remain available until expended, shall be available for the
control of outbreaks of insects, plant diseases, animal
diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet
emergency conditions; of which $13,597,000, to remain available
until expended, shall be used for the cotton pests program,
including for cost share purposes or for debt retirement for
active eradication zones; of which $38,093,000, to remain
available until expended, shall be for Animal Health Technical
Services; of which $2,009,000 shall be for activities under the
authority of the Horse Protection Act of 1970, as amended (15
U.S.C. 1831); of which $63,213,000, to remain available until
expended, shall be used to support avian health; of which
$4,251,000, to remain available until expended, shall be for
information technology infrastructure; of which $196,553,000,
to remain available until expended, shall be for specialty crop
pests; of which, $10,942,000, to remain available until
expended, shall be for field crop and rangeland ecosystem
pests; of which $19,620,000, to remain available until
expended, shall be for zoonotic disease management; of which
$41,268,000, to remain available until expended, shall be for
emergency preparedness and response; of which $60,456,000, to
remain available until expended, shall be for tree and wood
pests; of which $5,736,000, to remain available until expended,
shall be for the National Veterinary Stockpile; of which up to
$1,500,000, to remain available until expended, shall be for
the scrapie program for indemnities; of which $2,500,000, to
remain available until expended, shall be for the wildlife
damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services
methods development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under
this heading for the screwworm program, $4,990,000 shall remain
available until expended; of which $20,252,000, to remain
available until expended, shall be used to carry out the
science program and transition activities for the National Bio
and Agro-defense Facility located in Manhattan, Kansas:
Provided further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the purchase, replacement,
operation, and maintenance of aircraft: Provided further, That
in addition, in emergencies which threaten any segment of the
agricultural production industry of the United States, the
Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department
such sums as may be deemed necessary, to be available only in
such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants,
and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and
sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751
and 7772), and any unexpended balances of funds transferred for
such emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law (7
U.S.C. 2250) for the repair and alteration of leased buildings
and improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
In fiscal year 2021, the agency is authorized to collect fees
to cover the total costs of providing technical assistance,
goods, or services requested by States, other political
subdivisions, domestic and international organizations, foreign
governments, or individuals, provided that such fees are
structured such that any entity's liability for such fees is
reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees
shall be reimbursed to this account, to remain available until
expended, without further appropriation, for providing such
assistance, goods, or services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7
U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C.
2268a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$188,358,000, of which $6,000,000 shall be available for the
purposes of section 12306 of Public Law 113-79: Provided, That
this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701), except for the cost of activities relating to the
development or maintenance of grain standards under the United
States Grain Standards Act, 7 U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of
Commerce as authorized by the Fish and Wildlife Act of 1956 (16
U.S.C. 742a et seq.); (2) transfers otherwise provided in this
Act; and (3) not more than $20,705,000 for formulation and
administration of marketing agreements and orders pursuant to
the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $809,000: Provided, That funds made available
by this Act to an agency in the Food Safety mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act, including
not to exceed $10,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3,
1956 (7 U.S.C. 1766), $1,075,703,000; and in addition,
$1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade
Act of 1990 (7 U.S.C. 138f): Provided, That funds provided for
the Public Health Data Communication Infrastructure system
shall remain available until expended: Provided further, That
no fewer than 148 full-time equivalent positions shall be
employed during fiscal year 2021 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods of
Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That
the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as
further clarified by the amendments made in section 12106 of
Public Law 113-79: Provided further, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the
building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $916,000: Provided, That
funds made available by this Act to an agency in the Farm
Production and Conservation mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $231,302,000: Provided, That
$60,228,000 of amounts appropriated for the current fiscal year
pursuant to section 1241(a) of the Farm Security and Rural
Investment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred
to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,142,924,000, of which not less than $15,000,000 shall be for
the hiring of new employees to fill vacancies and anticipated
vacancies at Farm Service Agency county offices and farm loan
officers and shall be available until September 30, 2022:
Provided, That not more than 50 percent of the funding made
available under this heading for information technology related
to farm program delivery may be obligated until the Secretary
submits to the Committees on Appropriations of both Houses of
Congress, and receives written or electronic notification of
receipt from such Committees of, a plan for expenditure that
(1) identifies for each project/investment over $25,000 (a) the
functional and performance capabilities to be delivered and the
mission benefits to be realized, (b) the estimated lifecycle
cost for the entirety of the project/investment, including
estimates for development as well as maintenance and
operations, and (c) key milestones to be met; (2) demonstrates
that each project/investment is, (a) consistent with the Farm
Service Agency Information Technology Roadmap, (b) being
managed in accordance with applicable lifecycle management
policies and guidance, and (c) subject to the applicable
Department's capital planning and investment control
requirements; and (3) has been reviewed by the Government
Accountability Office and approved by the Committees on
Appropriations of both Houses of Congress: Provided further,
That the agency shall submit a report by the end of the fourth
quarter of fiscal year 2021 to the Committees on Appropriations
and the Government Accountability Office, that identifies for
each project/investment that is operational (a) current
performance against key indicators of customer satisfaction,
(b) current performance of service level agreements or other
technical metrics, (c) current performance against a pre-
established cost baseline, (d) a detailed breakdown of current
and planned spending on operational enhancements or upgrades,
and (e) an assessment of whether the investment continues to
meet business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is authorized
to use the services, facilities, and authorities (but not the
funds) of the Commodity Credit Corporation to make program
payments for all programs administered by the Agency: Provided
further, That other funds made available to the Agency for
authorized activities may be advanced to and merged with this
account: Provided further, That funds made available to county
committees shall remain available until expended: Provided
further, That none of the funds available to the Farm Service
Agency shall be used to close Farm Service Agency county
offices: Provided further, That none of the funds available to
the Farm Service Agency shall be used to permanently relocate
county based employees that would result in an office with two
or fewer employees without prior notification and approval of
the Committees on Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$6,914,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security
Act of 1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain
available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, such sums as may be necessary, to
remain available until expended: Provided, That such program
is carried out by the Secretary in the same manner as the dairy
indemnity program described in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-
12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136),
boll weevil loans (7 U.S.C. 1989), guaranteed conservation
loans (7 U.S.C. 1924 et seq.), relending program (7 U.S.C.
1936c), and Indian highly fractionated land loans (25 U.S.C.
5136) to be available from funds in the Agricultural Credit
Insurance Fund, as follows: $3,300,000,000 for guaranteed farm
ownership loans and $2,500,000,000 for farm ownership direct
loans; $2,118,482,000 for unsubsidized guaranteed operating
loans and $1,633,333,000 for direct operating loans; emergency
loans, $37,668,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
relending program, $33,693,000; Indian highly fractionated land
loans, $5,000,000; and for boll weevil eradication program
loans, $60,000,000: Provided, That the Secretary shall deem
the pink bollworm to be a boll weevil for the purpose of boll
weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows:
$38,710,000 for direct farm operating loans, $23,727,000 for
unsubsidized guaranteed farm operating loans, $207,000 for
emergency loans, $5,000,000 for the relending program, and
$742,000 for Indian highly fractionated land loans, to remain
available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $307,344,000:
Provided, That of this amount, $294,114,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$60,131,000: Provided, That $1,000,000 of the amount
appropriated under this heading in this Act shall be available
for compliance and integrity activities required under section
516(b)(2)(C) of the Federal Crop Insurance Act of 1938 (7
U.S.C. 1516(b)(2)(C)), and shall be in addition to amounts
otherwise provided for such purpose: Provided further, That
not to exceed $1,000 shall be available for official reception
and representation expenses, as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a-f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may be
necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of
conservation plant materials centers; classification and
mapping of soil; dissemination of information; acquisition of
lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a
nominal cost not to exceed $100 pursuant to the Act of August
3, 1956 (7 U.S.C. 2268a); purchase and erection or alteration
or improvement of permanent and temporary buildings; and
operation and maintenance of aircraft, $832,727,000, to remain
available until September 30, 2022: Provided, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and
public improvements at plant materials centers, except that the
cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected on
non-Federal land, that the right to use such land is obtained
as provided in 7 U.S.C. 2250a: Provided further, That of the
amounts made available under this heading, $3,000,000 shall
remain available until expended for planning and implementation
assistance associated with land treatment measures that address
flood damage reduction, bank stabilization and erosion control
in the watersheds identified under section 13 of the Flood
Control Act of December 22, 1944 (Public Law 78-534).
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations,
engineering operations, works of improvement, and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and in
accordance with the provisions of laws relating to the
activities of the Department, $175,000,000, to remain available
until expended: Provided, That for funds provided by this Act
or any other prior Act, the limitation regarding the size of
the watershed or subwatershed exceeding two hundred and fifty
thousand acres in which such activities can be undertaken shall
only apply for activities undertaken for the primary purpose of
flood prevention (including structural and land treatment
measures): Provided further, That of the amounts made
available under this heading, $65,000,000 shall be allocated to
projects and activities that can commence promptly following
enactment; that address regional priorities for flood
prevention, agricultural water management, inefficient
irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under
the authorities of section 13 of the Flood Control Act of
December 22, 1944 (Public Law 78-534) with a primary purpose of
watershed protection by preventing floodwater damage and
stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport: Provided further, That of the
amounts made available under this heading, $10,000,000 shall
remain available until expended for the authorities under 16
U.S.C. 1001-1005 and 1007-1009 for authorized ongoing watershed
projects with a primary purpose of providing water to rural
communities.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $10,000,000 is provided.
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in
accord with law, and to make contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
the Government Corporation Control Act as may be necessary in
carrying out the programs set forth in the budget for the
current fiscal year for such corporation or agency, except as
hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11):
Provided, That of the funds available to the Commodity Credit
Corporation under section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i) for the conduct of its
business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign
Agricultural Service for information resource management
activities of the Foreign Agricultural Service that are not
related to Commodity Credit Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $15,000,000 for site investigation
and cleanup expenses, and operations and maintenance expenses
to comply with the requirement of section 107(g) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9607(g)), and section 6001 of the
Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $812,000: Provided, That funds made
available by this Act to an agency in the Rural Development
mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $264,024,000: Provided, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
support Rural Development programs: Provided further, That in
addition to any other funds appropriated for purposes
authorized by section 502(i) of the Housing Act of 1949 (42
U.S.C. 1472(i)), any amounts collected under such section, as
amended by this Act, will immediately be credited to this
account and will remain available until expended for such
purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $1,000,000,000 shall be for direct loans and
$24,000,000,000 shall be for unsubsidized guaranteed loans;
$28,000,000 for section 504 housing repair loans; $40,000,000
for section 515 rental housing; $230,000,000 for section 538
guaranteed multi-family housing loans; $10,000,000 for credit
sales of single family housing acquired property; $5,000,000
for section 523 self-help housing land development loans; and
$5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $55,400,000 shall be for direct loans; section 504
housing repair loans, $2,215,000; section 523 self-help housing
land development loans, $269,000; section 524 site development
loans, $355,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $6,688,000:
Provided, That to support the loan program level for section
538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected
cost of such loan guarantees pursuant to the provisions of the
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the
interest on such loans may not be subsidized: Provided
further, That applicants in communities that have a current
rural area waiver under section 541 of the Housing Act of 1949
(42 U.S.C. 1490q) shall be treated as living in a rural area
for purposes of section 502 guaranteed loans provided under
this heading: Provided further, That of the amounts available
under this paragraph for section 502 direct loans, no less than
$5,000,000 shall be available for direct loans for individuals
whose homes will be built pursuant to a program funded with a
mutual and self-help housing grant authorized by section 523 of
the Housing Act of 1949 until June 1, 2021: Provided further,
That the Secretary shall implement provisions to provide
incentives to nonprofit organizations and public housing
authorities to facilitate the acquisition of Rural Housing
Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to
keep such properties in the RHS multifamily housing program for
a period of time as determined by the Secretary, with such
incentives to include, but not be limited to, the following:
allow such nonprofit entities and public housing authorities to
earn a Return on Investment on their own resources to include
proceeds from low income housing tax credit syndication, own
contributions, grants, and developer loans at favorable rates
and terms, invested in a deal; and allow reimbursement of
organizational costs associated with owner's oversight of asset
referred to as ``Asset Management Fee'' of up to $7,500 per
property.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the Housing
Act of 1949 (42 U.S.C. 1484, 1486), $15,093,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts:
Provided, That any balances available for the Farm Labor
Program Account shall be transferred to and merged with this
account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 shall
be transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of debt
forgiveness or payments for eligible households as authorized
by section 502(c)(5)(D) of the Housing Act of 1949,
$1,410,000,000, of which $40,000,000 shall be available until
September 30, 2022; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry out
the rental assistance program under section 521(a)(2) of the
Act: Provided, That rental assistance agreements entered into
or renewed during the current fiscal year shall be funded for a
one-year period: Provided further, That upon request by an
owner of a project financed by an existing loan under section
514 or 515 of the Act, the Secretary may renew the rental
assistance agreement for a period of 20 years or until the term
of such loan has expired, subject to annual appropriations:
Provided further, That any unexpended balances remaining at the
end of such one-year agreements may be transferred and used for
purposes of any debt reduction, maintenance, repair, or
rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the
Act: Provided further, That rental assistance provided under
agreements entered into prior to fiscal year 2021 for a farm
labor multi-family housing project financed under section 514
or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period
of 12 consecutive months, if such project has a waiting list of
tenants seeking such assistance or the project has rental
assistance eligible tenants who are not receiving such
assistance: Provided further, That such recaptured rental
assistance shall, to the extent practicable, be applied to
another farm labor multi-family housing project financed under
section 514 or 516 of the Act: Provided further, That except
as provided in the fourth proviso under this heading and
notwithstanding any other provision of the Act, the Secretary
may recapture rental assistance provided under agreements
entered into prior to fiscal year 2021 for a project that the
Secretary determines no longer needs rental assistance and use
such recaptured funds for current needs.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $68,000,000, to remain available
until expended: Provided, That of the funds made available
under this heading, $40,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid after
September 30, 2005: Provided further, That the amount of such
voucher shall be the difference between comparable market rent
for the section 515 unit and the tenant paid rent for such
unit: Provided further, That funds made available for such
vouchers shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to
the maximum extent practicable, administer such vouchers with
current regulations and administrative guidance applicable to
section 8 housing vouchers administered by the Secretary of the
Department of Housing and Urban Development: Provided further,
That if the Secretary determines that the amount made available
for vouchers in this or any other Act is not needed for
vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization
of multi-family rental housing properties described in this
paragraph: Provided further, That of the funds made available
under this heading, $28,000,000 shall be available for a
demonstration program for the preservation and revitalization
of the sections 514, 515, and 516 multi-family rental housing
properties to restructure existing USDA multi-family housing
loans, as the Secretary deems appropriate, expressly for the
purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers
including reducing or eliminating interest; deferring loan
payments, subordinating, reducing or reamortizing loan debt;
and other financial assistance including advances, payments and
incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided further, That the Secretary shall as part of the
preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring:
Provided further, That if the Secretary determines that
additional funds for vouchers described in this paragraph are
needed, funds for the preservation and revitalization
demonstration program may be used for such vouchers: Provided
further, That if Congress enacts legislation to permanently
authorize a multi-family rental housing loan restructuring
program similar to the demonstration program described herein,
the Secretary may use funds made available for the
demonstration program under this heading to carry out such
legislation with the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That in addition to any other available funds, the Secretary
may expend not more than $1,000,000 total, from the program
funds made available under this heading, for administrative
expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $31,000,000, to
remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $45,000,000, to remain
available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $2,800,000,000 for direct loans and
$500,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, for rural
community facilities programs as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $74,000,000, to remain available until
expended: Provided, That $6,000,000 of the amount appropriated
under this heading shall be available for a Rural Community
Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of
private, nonprofit community-based housing and community
development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake
projects to improve housing, community facilities, community
and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified
private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical
assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources,
including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That
$6,000,000 of the amount appropriated under this heading shall
be to provide grants for facilities in rural communities with
extreme unemployment and severe economic depression (Public Law
106-387), with up to 5 percent for administration and capacity
building in the State rural development offices: Provided
further, That of the amount appropriated under this heading,
$25,000,000 shall be available to cover the subsidy costs for
loans or loan guarantees under this heading: Provided further,
That if any such funds remain unobligated for the subsidy costs
after June 30, 2021, the unobligated balance may be transferred
to the grant programs funded under this heading: Provided
further, That any unobligated balances from prior year
appropriations under this heading for the cost of direct loans,
loan guarantees and grants, including amounts deobligated or
cancelled, may be made available to cover the subsidy costs for
direct loans and or loan guarantees under this heading in this
fiscal year: Provided further, That no amounts may be made
available pursuant to the preceding proviso from amounts that
were designated by the Congress as an emergency requirement
pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That $5,000,000 of the amount appropriated
under this heading shall be available for community facilities
grants to tribal colleges, as authorized by section 306(a)(19)
of such Act: Provided further, That sections 381E-H and 381N
of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B
of the Consolidated Farm and Rural Development Act,
$56,400,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical assistance
for rural transportation in order to promote economic
development and $9,000,000 shall be for grants to the Delta
Regional Authority (7 U.S.C. 2009aa et seq.), the Northern
Border Regional Commission (40 U.S.C. 15101 et seq.), and the
Appalachian Regional Commission (40 U.S.C. 14101 et seq.) for
any Rural Community Advancement Program purpose as described in
section 381E(d) of the Consolidated Farm and Rural Development
Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of
the amount appropriated under this heading shall be for
business grants to benefit Federally Recognized Native American
Tribes, including $250,000 for a grant to a qualified national
organization to provide technical assistance for rural
transportation in order to promote economic development:
Provided further, That of the amount appropriated under this
heading, not to exceed $2,000,000 shall be for Rural Business
Development Grants in rural coastal communities, with priority
given to National Scenic Areas that were devastated by
wildfires that are in need of economic development assistance,
to support innovation and job growth: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to funds made available
under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $2,939,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $557,000 shall be available through June 30,
2021, for Federally Recognized Native American Tribes; and of
which $1,072,000 shall be available through June 30, 2021, for
Mississippi Delta Region counties (as determined in accordance
with Public Law 100-460): Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,468,000 shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $50,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not exceed
$10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $26,600,000, of which $2,800,000 shall be
for cooperative agreements for the appropriate technology
transfer for rural areas program: Provided, That not to exceed
$3,000,000 shall be for grants for cooperative development
centers, individual cooperatives, or groups of cooperatives
that serve socially disadvantaged groups and a majority of the
boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged
groups; and of which $15,000,000, to remain available until
expended, shall be for value-added agricultural product market
development grants, as authorized by section 210A of the
Agricultural Marketing Act of 1946, of which $3,000,000, to
remain available until expended, shall be for Agriculture
Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
rural microentrepreneur assistance program
For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2008s):
Provided, That such costs of loans, including the cost of
modifying such loans, shall be defined in section 502 of the
Congressional Budget Act of 1974.
rural energy for america program
For the cost of a program of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$392,000: Provided, That the cost of loan guarantees,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(2) of the Consolidated Farm and Rural
Development Act, as follows: $1,400,000,000 for direct loans;
and $50,000,000 for guaranteed loans.
For the cost of loan guarantees and grants, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, for rural water, waste water,
waste disposal, and solid waste management programs authorized
by sections 306, 306A, 306C, 306D, 306E, and 310B and described
in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $621,567,000, to
remain available until expended, of which not to exceed
$1,000,000 shall be available for the rural utilities program
described in section 306(a)(2)(B) of such Act, and of which not
to exceed $5,000,000 shall be available for the rural utilities
program described in section 306E of such Act: Provided, That
not to exceed $15,000,000 of the amount appropriated under this
heading shall be for grants authorized by section 306A(i)(2) of
the Consolidated Farm and Rural Development Act in addition to
funding authorized by section 306A(i)(1) of such Act: Provided
further, That $68,000,000 of the amount appropriated under this
heading shall be for loans and grants including water and waste
disposal systems grants authorized by section 306C(a)(2)(B) and
section 306D of the Consolidated Farm and Rural Development
Act, and Federally Recognized Native American Tribes authorized
by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant
to section 325 of Public Law 105-83: Provided further, That
not more than 2 percent of the funding provided for section
306D of the Consolidated Farm and Rural Development Act may be
used by the State of Alaska for training and technical
assistance programs and not more than 2 percent of the funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be used by a consortium formed pursuant to
section 325 of Public Law 105-83 for training and technical
assistance programs: Provided further, That not to exceed
$35,000,000 of the amount appropriated under this heading shall
be for technical assistance grants for rural water and waste
systems pursuant to section 306(a)(14) of such Act, unless the
Secretary makes a determination of extreme need, of which
$8,000,000 shall be made available for a grant to a qualified
nonprofit multi-State regional technical assistance
organization, with experience in working with small communities
on water and waste water problems, the principal purpose of
such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning,
financing, development, operation, and management of water and
waste water systems, and of which not less than $800,000 shall
be for a qualified national Native American organization to
provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $20,157,000
of the amount appropriated under this heading shall be for
contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water
systems: Provided further, That not to exceed $4,000,000 of
the amounts made available under this heading shall be for
solid waste management grants: Provided further, That
$10,000,000 of the amount appropriated under this heading shall
be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of
1936 (7 U.S.C. 918a): Provided further, That any prior year
balances for high-energy cost grants authorized by section 19
of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall
be transferred to and merged with the Rural Utilities Service,
High Energy Cost Grants Account: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available
under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 305, 306, and 317 of the Rural
Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g) shall
be made as follows: loans made pursuant to sections 305, 306,
and 317, notwithstanding 317(c), of that Act, rural electric,
$5,500,000,000; guaranteed underwriting loans pursuant to
section 313A of that Act, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural
telecommunications loans, and for loans made pursuant to
section 306 of that Act, rural telecommunications loans,
$690,000,000: Provided, That up to $2,000,000,000 shall be
used for the construction, acquisition, design and engineering
or improvement of fossil-fueled electric generating plants
(whether new or existing) that utilize carbon subsurface
utilization and storage systems.
For the cost of direct loans as authorized by section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935), including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, cost of money rural
telecommunications loans, $2,277,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication
loans, $11,869,000.
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$60,000,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by section 379G of the Consolidated Farm and Rural Development
Act: Provided further, That funding provided under this
heading for grants under section 379G of the Consolidated Farm
and Rural Development Act may only be provided to entities that
meet all of the eligibility criteria for a consortium as
established by this section.
For the cost of broadband loans, as authorized by section 601
of the Rural Electrification Act, $2,000,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $35,000,000, to remain available until expended,
for the Community Connect Grant Program authorized by 7 U.S.C.
950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $809,000:
Provided, That funds made available by this Act to an agency in
the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), except sections 17 and 21; $25,118,440,000 to remain
available through September 30, 2022, of which such sums as are
made available under section 14222(b)(1) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by this Act, shall be merged with and available for the
same time period and purposes as provided herein: Provided,
That of the total amount available, $18,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.): Provided further, That of the
total amount available, $15,299,000 shall be available to carry
out studies and evaluations and shall remain available until
expended: Provided further, That of the total amount
available, $30,000,000 shall be available to provide
competitive grants to State agencies for subgrants to local
educational agencies and schools to purchase the equipment,
with a value of greater than $1,000, needed to serve healthier
meals, improve food safety, and to help support the
establishment, maintenance, or expansion of the school
breakfast program: Provided further, That of the total amount
available, $42,000,000 shall remain available until expended to
carry out section 749(g) of the Agriculture Appropriations Act
of 2010 (Public Law 111-80): Provided further, That section
26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking
``2010 through 2021'' and inserting ``2010 through 2022'':
Provided further, That section 9(h)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended in the first sentence by striking ``For fiscal year
2020'' and inserting ``For fiscal year 2021'': Provided
further, That section 9(h)(4) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in
the first sentence by striking ``For fiscal year 2020'' and
inserting ``For fiscal year 2021''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to
remain available through September 30, 2022: Provided, That
notwithstanding section 17(h)(10) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(h)(10)), not less than $90,000,000 shall
be used for breastfeeding peer counselors and other related
activities, and $14,000,000 shall be used for infrastructure:
Provided further, That none of the funds provided in this
account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive
bidding requirements specified in section 17 of such Act:
Provided further, That none of the funds provided shall be
available for activities that are not fully reimbursed by other
Federal Government departments or agencies unless authorized by
section 17 of such Act: Provided further, That upon
termination of a federally mandated vendor moratorium and
subject to terms and conditions established by the Secretary,
the Secretary may waive the requirement at 7 CFR 246.12(g)(6)
at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $114,035,578,000, of which
$3,000,000,000, to remain available through September 30, 2023,
shall be placed in reserve for use only in such amounts and at
such times as may become necessary to carry out program
operations: Provided, That funds provided herein shall be
expended in accordance with section 16 of the Food and
Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to
provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided further,
That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available through September 30, 2022: Provided further, That
funds made available under this heading for section 28(d)(1),
section 4(b), and section 27(a) of the Food and Nutrition Act
of 2008 shall remain available through September 30, 2022:
Provided further, That with respect to funds made available
under this heading for section 28(d)(1), the Secretary shall
use 2 percent for administration, training and technical
assistance, and pilot projects under section 28: Provided
further, That none of the funds made available under this
heading may be obligated or expended in contravention of
section 213A of the Immigration and Nationality Act (8 U.S.C.
1183A): Provided further, That funds made available under this
heading may be used to enter into contracts and employ staff to
conduct studies, evaluations, or to conduct activities related
to program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of
1983; special assistance for the nuclear affected islands, as
authorized by section 103(f)(2) of the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188); and
the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $426,700,000, to
remain available through September 30, 2022: Provided, That
none of these funds shall be available to reimburse the
Commodity Credit Corporation for commodities donated to the
program: Provided further, That notwithstanding any other
provision of law, effective with funds made available in fiscal
year 2021 to support the Seniors Farmers' Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2022: Provided further, That of the
funds made available under section 27(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use
up to 20 percent for costs associated with the distribution of
commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $156,805,000: Provided, That of the funds
provided herein, $2,000,000 shall be used for the purposes of
section 4404 of Public Law 107-171, as amended by section 4401
of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $887,000:
Provided, That funds made available by this Act to any agency
in the Trade and Foreign Agricultural Affairs mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,805,000, including not to exceed $40,000 for official
reception and representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $221,835,000, of which no more
than 6 percent shall remain available until September 30, 2022,
for overseas operations to include the payment of locally
employed staff: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for
expenditures made on behalf of Federal agencies, public and
private organizations and institutions under agreements
executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance
programs of the United States Agency for International
Development: Provided further, That funds made available for
middle-income country training programs, funds made available
for the Borlaug International Agricultural Science and
Technology Fellowship program, and up to $2,000,000 of the
Foreign Agricultural Service appropriation solely for the
purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign
Agricultural Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the Food
for Progress Act of 1985, $112,000, shall be transferred to and
merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law 83-
480), for commodities supplied in connection with dispositions
abroad under title II of said Act, $1,740,000,000, to remain
available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 1736o-1), $230,000,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities
for the purpose of implementing such section, subject to
reimbursement from amounts provided herein: Provided further,
That of the amount made available under this heading, not more
than 10 percent, but not less than $23,000,000, shall remain
available until expended to purchase agricultural commodities
as described in subsection 3107(a)(2) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$6,381,000, to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of
which $6,063,000 shall be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries and
Expenses'', and of which $318,000 shall be transferred to and
merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or elsewhere;
in addition to amounts appropriated to the FDA Innovation
Account, for carrying out the activities described in section
1002(b)(4) of the 21st Century Cures Act (Public Law 114-255);
for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $5,876,025,000: Provided, That of the amount provided
under this heading, $1,107,199,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, and
shall be credited to this account and remain available until
expended; $236,059,000 shall be derived from medical device
user fees authorized by 21 U.S.C. 379j, and shall be credited
to this account and remain available until expended;
$520,208,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this
account and remain available until expended; $42,494,000 shall
be derived from biosimilar biological product user fees
authorized by 21 U.S.C. 379j-52, and shall be credited to this
account and remain available until expended; $33,340,000 shall
be derived from animal drug user fees authorized by 21 U.S.C.
379j-12, and shall be credited to this account and remain
available until expended; $22,797,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-
21, and shall be credited to this account and remain available
until expended; $712,000,000 shall be derived from tobacco
product user fees authorized by 21 U.S.C. 387s, and shall be
credited to this account and remain available until expended:
Provided further, That in addition to and notwithstanding any
other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human
generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and generic new animal drug user
fees that exceed the respective fiscal year 2021 limitations
are appropriated and shall be credited to this account and
remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic
drug, biosimilar biological product, animal drug, and generic
new animal drug assessments for fiscal year 2021, including any
such fees collected prior to fiscal year 2021 but credited for
fiscal year 2021, shall be subject to the fiscal year 2021
limitations: Provided further, That the Secretary may accept
payment during fiscal year 2021 of user fees specified under
this heading and authorized for fiscal year 2022, prior to the
due date for such fees, and that amounts of such fees assessed
for fiscal year 2022 for which the Secretary accepts payment in
fiscal year 2021 shall not be included in amounts under this
heading: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the
total amount appropriated: (1) $1,099,160,000 shall be for the
Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no
less than $15,000,000 shall be used for inspections of foreign
seafood manufacturers and field examinations of imported
seafood; (2) $1,996,126,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the
Office of Regulatory Affairs; (3) $437,071,000 shall be for the
Center for Biologics Evaluation and Research and for related
field activities in the Office of Regulatory Affairs; (4)
$244,350,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $609,121,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $66,712,000 shall be for the
National Center for Toxicological Research; (7) $681,513,000
shall be for the Center for Tobacco Products and for related
field activities in the Office of Regulatory Affairs; (8)
$188,707,000 shall be for Rent and Related activities, of which
$52,944,000 is for White Oak Consolidation, other than the
amounts paid to the General Services Administration for rent;
(9) $235,112,000 shall be for payments to the General Services
Administration for rent; and (10) $318,153,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs, the Office of Food Policy and Response, the
Office of Operations, the Office of the Chief Scientist, and
central services for these offices: Provided further, That not
to exceed $25,000 of this amount shall be for official
reception and representation expenses, not otherwise provided
for, as determined by the Commissioner: Provided further, That
any transfer of funds pursuant to section 770(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be
from amounts made available under this heading for other
activities: Provided further, That of the amounts that are
made available under this heading for ``other activities'', and
that are not derived from user fees, $1,500,000 shall be
transferred to and merged with the appropriation for
``Department of Health and Human Services--Office of Inspector
General'' for oversight of the programs and operations of the
Food and Drug Administration and shall be in addition to funds
otherwise made available for oversight of the Food and Drug
Administration: Provided further, That funds may be
transferred from one specified activity to another with the
prior approval of the Committees on Appropriations of both
Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n and
360ff, food and feed recall fees, food reinspection fees, and
voluntary qualified importer program fees authorized by 21
U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1), third-
party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical
countermeasure priority review voucher user fees authorized by
21 U.S.C. 360bbb-4a, and fees relating to over-the-counter
monograph drugs authorized by 21 U.S.C. 379j-72 shall be
credited to this account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $12,788,000, to remain available
until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $70,000,000, to remain
available until expended: Provided, That amounts appropriated
in this paragraph are appropriated pursuant to section
1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such
Act, and may be transferred by the Commissioner of Food and
Drugs to the appropriation for ``Department of Health and Human
Services Food and Drug Administration Salaries and Expenses''
solely for the purposes provided in such Act: Provided
further, That upon a determination by the Commissioner that
funds transferred pursuant to the previous proviso are not
necessary for the purposes provided, such amounts may be
transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer
authority provided by law.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $80,400,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under 12
U.S.C. 2249: Provided, That this limitation shall not apply to
expenses associated with receiverships: Provided further, That
the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses
of Congress: Provided further, That the purposes of section
3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12 U.S.C.
2128(b)(2)(A)(i)), the Farm Credit Administration may exempt,
an amount in its sole discretion, from the application of the
limitation provided in that clause of export loans described in
the clause guaranteed or insured in a manner other than
described in subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to
purchase new passenger motor vehicles, in addition to specific
appropriations for this purpose, so long as the total number of
vehicles purchased in fiscal year 2021 does not exceed the
number of vehicles owned or leased in fiscal year 2018:
Provided, That, prior to purchasing additional motor vehicles,
the Secretary must determine that such vehicles are necessary
for transportation safety, to reduce operational costs, and for
the protection of life, property, and public safety: Provided
further, That the Secretary may not increase the Department of
Agriculture's fleet above the 2018 level unless the Secretary
notifies in writing, and receives approval from, the Committees
on Appropriations of both Houses of Congress within 30 days of
the notification.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated balances
of discretionary funds appropriated by this Act or any other
available unobligated discretionary balances that are remaining
available of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital equipment
necessary for the delivery of financial, administrative, and
information technology services of primary benefit to the
agencies of the Department of Agriculture, such transferred
funds to remain available until expended: Provided, That none
of the funds made available by this Act or any other Act shall
be transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without written notification to and the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department's Working Capital Fund
shall be available for obligation or expenditure to make any
changes to the Department's National Finance Center without
written notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 716 of this Act: Provided further, That none of the
funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, personnel, or functions of the offices of
the Chief Financial Officer and the Chief Information Officer,
co-located with or from the National Finance Center prior to
written notification to and prior approval of the Committee on
Appropriations of both Houses of Congress and in accordance
with the requirements of section 716 of this Act: Provided
further, That the National Finance Center Information
Technology Services Division personnel and data center
management responsibilities, and control of any functions,
missions, and systems for current and future human resources
management and integrated personnel and payroll systems (PPS)
and functions provided by the Chief Financial Officer and the
Chief Information Officer shall remain in the National Finance
Center and under the management responsibility and
administrative control of the National Finance Center:
Provided further, That the Secretary of Agriculture and the
offices of the Chief Financial Officer shall actively market to
existing and new Departments and other government agencies
National Finance Center shared services including, but not
limited to, payroll, financial management, and human capital
shared services and allow the National Finance Center to
perform technology upgrades: Provided further, That of annual
income amounts in the Working Capital Fund of the Department of
Agriculture attributable to the amounts in excess of the true
costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the
Secretary shall reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including
equipment for the improvement, delivery, and implementation of
financial, administrative, and information technology services,
and other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance Center:
Provided further, That none of the amounts reserved shall be
available for obligation unless the Secretary submits written
notification of the obligation to the Committees on
Appropriations of both Houses of Congress: Provided further,
That the limitations on the obligation of funds pending
notification to Congressional Committees shall not apply to any
obligation that, as determined by the Secretary, is necessary
to respond to a declared state of emergency that significantly
impacts the operations of the National Finance Center; or to
evacuate employees of the National Finance Center to a safe
haven to continue operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements or
similar arrangements between the United States Department of
Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of
mutual interest between the two parties. This does not preclude
appropriate payment of indirect costs on grants and contracts
with such institutions when such indirect costs are computed on
a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for the
following accounts: the Rural Development Loan Fund program
account, the Rural Electrification and Telecommunication Loans
program account, and the Rural Housing Insurance Fund program
account.
Sec. 706. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new
information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology Investment
Review Board: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of
the Chief Information Officer without written notification to
and the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That,
notwithstanding section 11319 of title 40, United States Code,
none of the funds available to the Department of Agriculture
for information technology shall be obligated for projects,
contracts, or other agreements over $25,000 prior to receipt of
written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an
agency to obligate funds without written approval from the
Chief Information Officer for projects, contracts, or other
agreements up to $250,000 based upon the performance of an
agency measured against the performance plan requirements
described in the explanatory statement accompanying Public Law
113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or
prepaid an insured, direct or guaranteed loan under the Rural
Electrification Act of 1936, or any not-for-profit utility that
is eligible to receive an insured or direct loan under such
Act, shall be eligible for assistance under section 313B(a) of
such Act in the same manner as a borrower under such Act.
Sec. 709. (a) Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in this
Act for the Farm Service Agency shall remain available through
September 30, 2022, for information technology expenses.
(b) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in this
Act for the Rural Development mission area shall remain
available through September 30, 2022, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of
sections 301-10.122 through 301-10.124 of title 41, Code of
Federal Regulations.
Sec. 711. In the case of each program established or amended
by the Agricultural Act of 2014 (Public Law 113-79) or by a
successor to that Act, other than by title I or subtitle A of
title III of such Act, or programs for which indefinite amounts
were provided in that Act, that is authorized or required to be
carried out using funds of the Commodity Credit Corporation--
(1) such funds shall be available for salaries and
related administrative expenses, including technical
assistance, associated with the implementation of the
program, without regard to the limitation on the total
amount of allotments and fund transfers contained in
section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not
be considered to be a fund transfer or allotment for
purposes of applying the limitation on the total amount
of allotments and fund transfers contained in such
section.
Sec. 712. Of the funds made available by this Act, not more
than $2,900,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels,
commissions, and task forces of the Department of Agriculture,
except for panels used to comply with negotiated rule makings
and panels used to evaluate competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred
to as ``section 14222''), none of the funds appropriated or
otherwise made available by this or any other Act shall be used
to pay the salaries and expenses of personnel to carry out a
program under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c; in this section referred to as ``section 32'') in
excess of $1,359,864,000 (exclusive of carryover appropriations
from prior fiscal years), as follows: Child Nutrition Programs
Entitlement Commodities-- $485,000,000; State Option
Contracts-- $5,000,000; Removal of Defective Commodities--
$2,500,000; Administration of Section 32 Commodity Purchases--
$36,746,000: Provided, That of the total funds made available
in the matter preceding this proviso that remain unobligated on
October 1, 2021, such unobligated balances shall carryover into
fiscal year 2022 and shall remain available until expended for
any of the purposes of section 32, except that any such
carryover funds used in accordance with clause (3) of section
32 may not exceed $350,000,000 and may not be obligated until
the Secretary of Agriculture provides written notification of
the expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided
further, That, with the exception of any available carryover
funds authorized in any prior appropriations Act to be used for
the purposes of clause (3) of section 32, none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause
(3) of section 32.
Sec. 715. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as part
of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees
proposals that have not been enacted into law prior to the
submission of the budget unless such budget submission
identifies which additional spending reductions should occur in
the event the user fees proposals are not enacted prior to the
date of the convening of a committee of conference for the
fiscal year 2022 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in the current fiscal year, or provided from any accounts in
the Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming, transfer of funds, or
reimbursements as authorized by the Economy Act, or in the case
of the Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law
89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary
of Health and Human Services (as the case may be)
notifies in writing and receives approval from the
Committees on Appropriations of both Houses of Congress
at least 30 days in advance of the reprogramming of
such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation
or expenditure for activities, programs, or projects through a
reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10
percent, whichever is less, that--
(1) augments existing programs, projects, or
activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings from a reduction
in personnel which would result in a change in existing
programs, activities, or projects as approved by
Congress;
unless the Secretary of Agriculture or the Secretary
of Health and Human Services (as the case may be)
notifies in writing and receives approval from the
Committees on Appropriations of both Houses of Congress
at least 30 days in advance of the reprogramming or
transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive approval
from the Committees on Appropriations of both Houses of
Congress before implementing any program or activity not
carried out during the previous fiscal year unless the program
or activity is funded by this Act or specifically funded by any
other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding
levels, including information technology systems, that
involves increasing or decreasing funds in the current
fiscal year for the individual investment in excess of
$500,000 or 10 percent of the total cost, whichever is
less;
(2) realigning or reorganizing new, current, or
vacant positions or agency activities or functions to
establish a center, office, branch, or similar entity
with five or more personnel; or
(3) carrying out activities or functions that were
not described in the budget request;
unless the agencies funded by this Act notify, in
writing, the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of using
the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the
Secretary of Health and Human Services receives from the
Committee on Appropriations of both Houses of Congress written
or electronic mail confirmation of receipt of the notification
as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of the
loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, or the Farm Credit Administration shall be used
to transmit or otherwise make available reports, questions, or
responses to questions that are a result of information
requested for the appropriations hearing process to any non-
Department of Agriculture, non-Department of Health and Human
Services, or non-Farm Credit Administration employee.
Sec. 719. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the
story includes a clear notification within the text or audio of
the prepackaged news story that the prepackaged news story was
prepared or funded by that executive branch agency.
Sec. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act or any other Act to any other agency or office of the
Department for more than 60 days in a fiscal year unless the
individual's employing agency or office is fully reimbursed by
the receiving agency or office for the salary and expenses of
the employee for the period of assignment.
Sec. 721. Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture, the Commissioner of
the Food and Drug Administration, and the Chairman of the Farm
Credit Administration shall submit to the Committees on
Appropriations of both Houses of Congress a detailed spending
plan by program, project, and activity for all the funds made
available under this Act including appropriated user fees, as
defined in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
Sec. 722. Of the unobligated balances from amounts made
available for the supplemental nutrition program as authorized
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), $1,250,000,000 are hereby rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 723. For the purposes of determining eligibility or
level of program assistance for Rural Development programs the
Secretary shall not include incarcerated prison populations.
Sec. 724. For loans and loan guarantees that do not require
budget authority and the program level has been established in
this Act, the Secretary of Agriculture may increase the program
level for such loans and loan guarantees by not more than 25
percent: Provided, That prior to the Secretary implementing
such an increase, the Secretary notifies, in writing, the
Committees on Appropriations of both Houses of Congress at
least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section 729
of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred
shall be available for obligation only for the acquisition of
plant and capital equipment necessary for the delivery of
financial, administrative, and information technology services,
including cloud adoption and migration, of primary benefit to
the agencies of the Department of Agriculture.
Sec. 726. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of the
term ``variety'' as de fined in section 278.1(b)(1)(ii)(C) of
title 7, Code of Federal Regulations, and ``variety'' as
applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal
Regulations, to increase the number of items that qualify as
acceptable varieties in each staple food category so that the
total number of such items in each staple food category exceeds
the number of such items in each staple food category included
in the final rule as published on December 15, 2016: Provided,
That until the Secretary promulgates such regulatory
amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to
Supplemental Nutrition Assistance Program retailers that were
in effect on the day before the date of the enactment of the
Agricultural Act of 2014 (Public Law 113-79).
Sec. 727. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to loans
guaranteed under such section and eligible lenders for such
loans as the Secretary has under subsections (h) and (j) of
section 538 of such Act (42 U.S.C. 1490p-2) with respect to
loans guaranteed under such section 538 and eligible lenders
for such loans.
Sec. 728. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or take
any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
distribution.
Sec. 729. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect
November 16, 2015, in regards to the hazard analysis and risk-
based preventive control requirements of the current good
manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to
the regulation of the production, distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic
beverage production process.
Sec. 730. There is hereby appropriated $11,000,000, to
remain available until expended, to carry out section 6407 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107a): Provided, That the Secretary may allow eligible
entities, or comparable entities that provide energy efficiency
services using their own billing mechanism to offer loans to
customers in any part of their service territory and to offer
loans to replace a manufactured housing unit with another
manufactured housing unit, if replacement would be more cost
effective in saving energy.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the
following factors in the country or region being
audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination
practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final
reports of any audits or reviews conducted pursuant to
subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade
agreements.
Sec. 732. None of the funds made available by this Act may
be used to implement section 3.7(f) of the Farm Credit Act of
1971 in a manner inconsistent with section 343(a)(13) of the
Consolidated Farm and Rural Development Act.
Sec. 733. None of the funds made available by this Act may
be used to carry out any activities or incur any expense
related to the issuance of licenses under section 3 of the
Animal Welfare Act (7 U.S.C. 2133), or the renewal of such
licenses, to class B dealers who sell dogs and cats for use in
research, experiments, teaching, or testing.
Sec. 734. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections 306,
306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for
a project for the construction, alteration, maintenance, or
repair of a public water or wastewater system unless all of the
iron and steel products used in the project are produced in the
United States.
(2) In this section, the term ``iron and steel
products'' means the following products made primarily
of iron or steel: lined or unlined pipes and fittings,
manhole covers and other municipal castings, hydrants,
tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and
construction materials.
(b) Subsection (a) shall not apply in any case or category of
cases in which the Secretary of Agriculture (in this section
referred to as the ``Secretary'') or the designee of the
Secretary finds that--
(1) applying subsection (a) would be inconsistent
with the public interest;
(2) iron and steel products are not produced in the
United States in sufficient and reasonably available
quantities or of a satisfactory quality; or
(3) inclusion of iron and steel products produced in
the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall
make available to the public on an informal basis a copy of the
request and information available to the Secretary or the
designee concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to
making a finding based on the request. The Secretary or the
designee shall make the request and accompanying information
available by electronic means, including on the official public
Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural
Water and Waste Disposal Program Account'' for carrying out the
provisions described in subsection (a)(1) for management and
oversight of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project
for which the engineering plans and specifications include use
of iron and steel products otherwise prohibited by such
subsection if the plans and specifications have received
required approvals from State agencies prior to the date of
enactment of this Act.
(g) For purposes of this section, the terms ``United States''
and ``State'' shall include each of the several States, the
District of Columbia, and each Federally recognized Indian
tribe.
Sec. 735. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act
for direct loans and grants in section 730 and in the following
headings: ``Rural Housing Service--Rural Housing Insurance Fund
Program Account''; ``Rural Housing Service--Mutual and Self-
Help Housing Grants''; ``Rural Housing Service--Rural Housing
Assistance Grants''; ``Rural Housing Service--Rural Community
Facilities Program Account''; ``Rural Business-Cooperative
Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural
Cooperative Development Grants''; ``Rural Utilities Service--
Rural Water and Waste Disposal Program Account''; ``Rural
Utilities Service--Rural Electrification and Telecommunications
Loans Program Account''; and ``Rural Utilities Service--
Distance Learning, Telemedicine, and Broadband Program'', to
the maximum extent feasible, at least 10 percent of the funds
shall be allocated for assistance in persistent poverty
counties under this section, including, notwithstanding any
other provision regarding population limits, any county seat of
such a persistent poverty county that has a population that
does not exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, 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 2007-2011 American Community Survey 5-year
average, or any territory or possession of the United States:
Provided further, That with respect to specific activities for
which program levels have been made available by this Act that
are not supported by budget authority, the requirements of this
section shall be applied to such program level.
Sec. 737. In addition to any other funds made available in
this Act or any other Act, there is appropriated $12,000,000 to
carry out section 18(g)(8) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)), to remain available until
expended: Provided, That notwithstanding section 18(g)(3)(C)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769 (g)(3)(c)), the total grant amount provided to a farm to
school grant recipient in fiscal year 2021 shall not exceed
$500,000.
Sec. 738. There is hereby appropriated $5,000,000, to remain
available until September 30, 2022, for the cost of loans and
grants that is consistent with section 4206 of the Agricultural
Act of 2014, for necessary expenses of the Secretary to support
projects that provide access to healthy food in underserved
areas, to create and preserve quality jobs, and to revitalize
low-income communities.
Sec. 739. For an additional amount for ``Animal and Plant
Health Inspection Service--Salaries and Expenses'', $8,500,000,
to remain available until September 30, 2022, for one-time
control and management and associated activities directly
related to the multiple-agency response to citrus greening.
Sec. 740. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3)
of the Public Health Service Act (42 U.S.C. 262(a)(3)) in
research in which a human embryo is intentionally created or
modified to include a heritable genetic modification. Any such
submission shall be deemed to have not been received by the
Secretary, and the exemption may not go into effect.
Sec. 741. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated by
the Food and Drug Administration entitled ``Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,'' and published on November 27, 2015, with respect
to the regulation of entities that grow, harvest, pack, or hold
wine grapes, hops, pulse crops, or almonds.
Sec. 742. There is hereby appropriated $5,000,000, to remain
available until September 30, 2022, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish
and enhance farming and ranching opportunities for military
veterans.
Sec. 743. For school years 2020-2021 and 2021-2022, none of
the funds made available by this Act may be used to implement
or enforce the matter following the first comma in the second
sentence of footnote (c) of section 220.8(c) of title 7, Code
of Federal Regulations, with respect to the substitution of
vegetables for fruits under the school breakfast program
established under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773).
Sec. 744. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the
Agricultural Act of 2014 (7 U.S.C. 5940), subtitle G of
the Agricultural Marketing Act of 1946, or section
10114 of the Agriculture Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale,
or use of hemp, or seeds of such plant, that is grown
or cultivated in accordance with subsection section
7606 of the Agricultural Act of 2014 or Subtitle G of
the Agricultural Marketing Act of 1946, within or
outside the State in which the hemp is grown or
cultivated.
Sec. 745. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall, not later than September 30, 2021, and following
the review required under Executive Order No. 12866 (5 U.S.C.
601 note; relating to regulatory planning and review), issue
advice revising the advice provided in the notice of
availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug
Administration; Revised Fish Advice; Availability'' (82 Fed.
Reg. 6571 (January 19, 2017)), in a manner that is consistent
with nutrition science recognized by the Food and Drug
Administration on the net effects of seafood consumption.
Sec. 746. There is hereby appropriated $2,500,000, to remain
available until expended, for grants under section 12502 of
Public Law 115-334.
Sec. 747. There is hereby appropriated $2,000,000 to carry
out section 1621 of Public Law 110-246.
Sec. 748. There is hereby appropriated $3,000,000, to remain
available until September 30, 2022, to carry out section
4003(b) of Public Law 115-334 relating to demonstration
projects for Tribal Organizations.
Sec. 749. In addition to amounts otherwise made available by
this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available
until expended, to implement non-renewable agreements on
eligible lands, including flooded agricultural lands, as
determined by the Secretary, under the Water Bank Act (16
U.S.C. 1301-1311).
Sec. 750. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2021, an amount
of funds made available in title III under the headings of
Rural Housing Insurance Fund Program Account, Mutual and Self-
Help Housing Grants, Rural Housing Assistance Grants, Rural
Community Facilities Program Account, Rural Business Program
Account, Rural Development Loan Fund Program Account, and Rural
Water and Waste Disposal Program Account, equal to the amount
obligated in REAP Zones with respect to funds provided under
such headings in the most recent fiscal year any such funds
were obligated under such headings for REAP Zones.
Sec. 751. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115-334.
Sec. 752. The Secretary of Agriculture may waive the
matching funds requirement under Section 412(g) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7632(g)).
Sec. 753. There is hereby appropriated $2,000,000, to remain
available until expended, for a pilot program for the Secretary
to provide grants to qualified non-profit organizations and
public housing authorities to provide technical assistance,
including financial and legal services, to RHS multi-family
housing borrowers to facilitate the acquisition of RHS multi-
family housing properties in areas where the Secretary
determines a risk of loss of affordable housing, by non-profit
housing organizations and public housing authorities as
authorized by law that commit to keep such properties in the
RHS multi-family housing program for a period of time as
determined by the Secretary.
Sec. 754. There is hereby appropriated $7,000,000 to carry
out section 222 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6923) as amended by
section 12302 of Public Law 115-334.
Sec. 755. There is hereby appropriated $1,000,000, to remain
available until September 30, 2022, to carry out section 4208
of Public Law 115-334.
Sec. 756. There is hereby appropriated $5,000,000 to carry
out section 12301 of Public Law 115-334.
Sec. 757. There is hereby appropriated $5,000,000 to carry
out section 1450 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222e) as
amended by section 7120 of Public Law 115-334.
Sec. 758. There is hereby appropriated $1,000,000 to carry
out section 1671 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5924) as amended by section 7208 of
Public Law 115-334.
Sec. 759. In response to an eligible community where the
drinking water supplies are inadequate due to a natural
disaster, as determined by the Secretary, including drought or
severe weather, the Secretary may provide potable water through
the Emergency Community Water Assistance Grant Program for an
additional period of time not to exceed 120 days beyond the
established period provided under the Program in order to
protect public health.
Sec. 760. There is hereby appropriated $5,000,000 to remain
available until September 30, 2022, to carry out section 4206
of Public Law 115-334.
Sec. 761. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate monitoring
and controls, as determined by the Administrator, are in place
to ensure that emergency food aid is received by the intended
beneficiaries in areas affected by food shortages and not
diverted for unauthorized or inappropriate purposes.
Sec. 762. Notwithstanding any other provision of law, ARS
facilities as described in the ``Memorandum of Understanding
Between the U.S. Department of Agriculture Animal and Plant
Health Inspection Service (APHIS) and the U.S. Department of
Agriculture Agricultural Research Service (ARS) Concerning
Laboratory Animal Welfare'' (16-6100-0103-MU Revision 16-1)
shall be inspected by APHIS for compliance with the Animal
Welfare Act and its regulations and standards.
Sec. 763. There is hereby appropriated $5,000,000, to remain
available until expended, to carry out section 2103 of Public
Law 115-334: Provided, That the Secretary shall prioritize the
wetland compliance needs of areas with significant numbers of
individual wetlands, wetland acres, and conservation compliance
requests.
Sec. 764. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China for
use in the school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42
U.S.C. 1766), the Summer Food Service Program for Children
under section 13 of such Act (42 U.S.C. 1761), or the school
breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 765. There is hereby appropriated $1,000,000, for an
additional amount for ``Department of Health and Human
Services--Food and Drug Administration--Salaries and Expenses''
to remain available until expended and in addition to amounts
otherwise made available for such purposes, for the development
of research, education, and outreach partnerships with academic
institutions to study and promote seafood safety.
Sec. 766. There is hereby appropriated $2,000,000, to remain
available until September 30, 2022, for the National Institute
of Food and Agriculture to issue a competitive grant to support
the establishment of an Agriculture Business Innovation Center
at a historically black college or university to serve as a
technical assistance hub to enhance agriculture-based business
development opportunities.
Sec. 767. For school year 2021-2022, only a school food
authority that had a negative balance in the nonprofit school
food service account as of December 31, 2020, shall be required
to establish a price for paid lunches in accordance with
section 12(p) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(p)).
Sec. 768. There is hereby appropriated $5,000,000 to remain
available until September 30, 2022, to carry out section 6424
of Public Law 115-334.
Sec. 769. In addition to any funds made available in this
Act or any other Act, there is hereby appropriated $10,000,000,
to remain available until September 30, 2022, for grants from
the National Institute of Food and Agriculture to the 1890
Institutions to support the Centers of Excellence.
Sec. 770. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to
carry out a pilot program that assists rural hospitals to
improve long-term operations and financial health by providing
technical assistance through analysis of current hospital
management practices.
Sec. 771. In addition to amounts otherwise made available by
this or any other Act, there is hereby appropriated $5,000,000,
to remain available until expended, to the Secretary for a
pilot program to provide grants to a regional consortium to
fund technical assistance and construction of regional
wastewater systems for historically impoverished communities
that have had difficulty in installing traditional wastewater
treatment systems due to soil conditions.
Sec. 772. The Secretary of Agriculture shall--
(1) within 180 days of enactment of this Act publish
a notice of proposed rulemaking in the Federal Register
seeking public comments on the effects of lifting the
stay issued on July 31, 2013 (78 Fed. Reg. 46255) with
consideration given to changes in industry and the
implementation of certain rulemakings since the
publication of the stay;
(2) take public comments on the notice for not more
than 60 days; and
(3) not later than 180 days after the end of the
comment period, publish in the Federal Register the
date upon which the stay is lifted if such action is
justified based on the comments received.
Sec. 773. There is hereby appropriated $6,000,000, to remain
available until September 30, 2022, to carry out section 23 of
the Child Nutrition Act of 1966 (42 U.S.C. 1793), of which
$2,000,000 shall be for grants under such section to the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the United States Virgin Islands, Guam, and
American Samoa.
Sec. 774. Any funds made available by this or any other Act
that the Secretary withholds pursuant to section 1668(g)(2) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5921(g)(2)), as amended, shall be available for grants
for biotechnology risk assessment research: Provided, That the
Secretary may transfer such funds among appropriations of the
Department of Agriculture for purposes of making such grants.
Sec. 775. (a) There is hereby appropriated $531,000,000, to
remain available until expended, for an additional amount for
section 779 of Public Law 115-141.
(b) Section 313(b) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 940c(b)), shall be applied for fiscal year
2021 and each fiscal year thereafter until the specified
funding has been expended as if the following were inserted
after the final period in subsection (b)(2): ``In addition, the
Secretary shall use $425,000,000 of funds available in this
subaccount in fiscal year 2019 for an additional amount for the
same purpose and under the same terms and conditions as funds
appropriated by section 779 of Public Law 115-141, shall use
$255,000,000 of funds available in this subaccount in fiscal
year 2020 for an additional amount for the same purpose and
under the same terms and conditions as funds appropriated by
section 779 of Public Law 115-141, and shall use $104,000,000
of funds available in this subaccount in fiscal year 2021 for
an additional amount for the same purpose and under the same
terms and conditions as funds appropriated by section 779 of
Public Law 115-141.'': Provided, That any use of such funds
shall be treated as a reprogramming of funds under section 716
of this Act.
(c) Section 787(b) of division B of Public Law 116-94 shall
no longer apply.
Sec. 776. There is hereby appropriated $500,000 to carry out
section 224 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924) as amended by
section 12504 of Public Law 115-334.
Sec. 777. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by
section 7209 of Public Law 115-334.
Sec. 778. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior
to the effective date of the National Bioengineered Food
Disclosure Standard (February 19, 2019) shall include the words
``genetically engineered'' prior to the existing acceptable
market name.
Sec. 779. For an additional amount for ``National Institute
of Food and Agriculture--Research and Education Activities'',
$500,000, to develop a public-private cooperative framework
based on open data standards for neutral data repository
solutions to preserve and share the big data generated by
technological advancements in the agriculture industry and for
the preservation and curation of data in collaboration with
land-grant universities.
Sec. 780. Notwithstanding any other provision of law, no
funds available to the Department of Agriculture may be used to
move any staff office or any agency from the mission area in
which it was located on August 1, 2018, to any other mission
area or office within the Department in the absence of the
enactment of specific legislation affirming such move.
Sec. 781. There is hereby appropriated $10,000,000, to
remain available until expended, for the Secretary of
Agriculture to carry out a pilot program to provide financial
assistance for rural communities to further develop renewable
energy.
Sec. 782. Section 7605(b) of the Agriculture Improvement Act
of 2018 (7 U.S.C. 5940 note; Public Law 115-334) is amended by
striking ``September 30, 2021'' and inserting ``January 1,
2022''.
Sec. 783. Section 9(i)(2) of the Food and Nutrition Act of
2008 (7 U.S.C. 2018(i)(2)) is amended by striking ``December
31, 2020'' and inserting ``December 31, 2021''.
Sec. 784. Section 779 of Public Law 115-141 is amended by
striking ``expansion efforts made'' and inserting ``service in
a service area'' in the fourth proviso, and by inserting ``,
unless such service area is not provided sufficient access to
broadband at the minimum service threshold'' after ``Rural
Utilities Service'' in the fourth proviso.
Sec. 785. In addition to amounts otherwise provided, there
is hereby appropriated $1,000,000, to remain available until
expended, to carry out activities authorized under subsections
(a)(2) and (e)(2) of Section 21 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769b-1(a)(2) and (e)(2)).
Sec. 786. The Secretary, acting through the Chief of the
Natural Resources Conservation Service, may use funds
appropriated under this Act for the Watershed and Flood
Prevention Operations Program and the Watershed Rehabilitation
Program carried out pursuant to the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001 et seq.), and for the
Emergency Watershed Protection Program carried out pursuant to
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C.
2203) to provide technical services for such programs pursuant
to section 1252(a)(1) of the Food Security Act of 1985 (16
U.S.C. 3851(a)(1)), notwithstanding subsection (c) of such
section.
Sec. 787. (a) The Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs
(Commissioner), shall develop and, if it determines feasible,
implement a number of options for regulating the export of
shrimp to the United States from other countries, including the
three largest exporting countries by volume to the United
States over the last three calendar years, such as sampling of
products prior to export to the United States, increasing
foreign inspections of export facilities, increased seafood
importer inspections, foreign surveillance inspections at
overseas manufacturing sites, enhanced import screening, higher
rates of examination and sampling, use of third-party audits,
and formal seafood arrangements with foreign competent
authorities.
(b) The Commissioner shall especially give priority
consideration to the following with the funds appropriated--
(1) that appropriate controls are applied to shrimp
feed and production ponds, processing plants, and
facilities throughout the chain of distribution to
determine compliance with seafood safety requirements;
(2) dedicate its inspectional effort to determine
compliance with seafood arrangements, once established,
from any dedicated funds;
(3) provide an annual report to the Committee before
the end of fiscal years 2021, 2022, and 2023 with the
reporting requirement goal being to provide the
Committee information related to FDA's oversight of the
safety of shrimp products imported into the United
States.
Sec. 788. There is hereby appropriated $1,000,000 to carry
out the duties of the working group established under section
770 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2019
(Public Law 116-6; 133 Stat. 89).
Sec. 789. None of the funds made available by this or any
other act may be used to restrict the offering of low-fat (1%
fat) flavored milk in the National School Lunch Program or
School Breakfast Program, as long as such milk is not
inconsistent with the most recent Dietary Guidelines for
Americans published under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990.
Sec. 790. The Commissioner of the Food and Drug
Administration shall develop a plan within 180 days of
enactment that would allow the Agency to identify, detain and
refuse all FDA regulated products originating from foreign
establishments that did not allow FDA investigators immediate
physical access to the registered establishment and its records
to determine a registered establishment's ongoing compliance
with FDA laws and regulations. Any foreign establishment that
meets these criteria may be placed on import alert. This import
alert would be specific for this foreign establishment,
focusing on detaining all products from this establishment.
Sec. 791. In administering the pilot program established by
section 779 of division A of the Consolidated Appropriations
Act, 2018 (Public Law 115-141), the Secretary of Agriculture
may, for purposes of determining entities eligible to receive
assistance, consider those communities which are ``Areas Rural
in Character'': Provided, That not more than 10 percent of the
funds made available by section 775 may be used for this
purpose.
Sec. 792. There is hereby appropriated $45,861,000 for the
Goodfellow Federal facility, to remain available until
expended, of which $20,000,000 shall be transferred to and
merged with the appropriation for ``Office of the Chief
Information Officer'', $16,046,000 shall be transferred to and
merged with the appropriation for ``Food Safety and Inspection
Service'', and of which $9,815,000 shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
Sec. 793. Of the unobligated balances from prior year
appropriations made available under the heading ``Distance
Learning, Telemedicine, and Broadband Program'' for the cost of
broadband loans, as authorized by section 601 of the Rural
Electrification Act, $12,000,000 are hereby rescinded.
Sec. 794. Funds made available in the Consolidated
Appropriations Act, 2016 (Public Law 114-113) for the ``Rural
Community Facilities Program Account'' under section 306 of the
Consolidated Farm and Rural Development Act, 7 U.S.C. 1926, for
the principal amount of direct loans to eligible approved re-
lenders are to remain available through fiscal year 2026 for
the liquidation of valid obligations incurred in fiscal year
2016.
Sec. 795. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal
Meat Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the
Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 1901 note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title
9, Code of Federal Regulations (or a successor
regulation).
Sec. 796. Not later than 1 year after the date of enactment
of this Act, the National Academy of Sciences, Engineering, and
Medicine shall complete a review and provide a report to the
Secretary of Agriculture, the Secretary of Health and Human
Services, and the Congress, on the most recent edition of the
dietary guidelines for Americans that includes the following:
(1) A comparative analysis of the scientific
methodologies, review protocols, and evaluation
processes used to develop the most recently issued
guidelines as compared to recommendations included in
the National Academy of Sciences, Engineering, and
Medicine September 2017 report entitled ``Redesigning
the Process for Establishing the Dietary Guidelines for
Americans''.
(2) A comparative analysis of the scientific studies
used to develop such guidelines to determine the
dietary needs of Americans with diet-related metabolic
diseases as compared to the most current and rigorous
scientific studies on diet and diet-related metabolic
diseases available.
(3) An analysis of how full implementation of the
recommendations described in paragraph (1) would have
affected the most recently issued guidelines.
Sec. 797. (a) There is hereby appropriated $3,000,000, to
remain available until expended, for a pilot program for the
Animal and Plant Health Inspection Service to provide grants to
State departments of agriculture and forestry commissions in
states identified in the final environmental assessment
published in the Federal Register on September 23, 2020 (85
Fed. Reg. 59735), to combat and treat cogongrass through
established cogongrass control programs.
(b) Any remaining unobligated balances of funds made
available for field crop and rangeland ecosystem pests under
the heading ``Animal and Plant Health Inspection Service--
Salaries and Expenses'', in the Consolidated Appropriations
Act, 2019 (Public Law 116-6) and the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94), and specifically
provided as funds for APHIS to partner with states in the
control and eradication of the cogongrass weed in the
conference report accompanying Public Law 116-6 and in the
explanatory statement described in section 4 in the matter
preceding division A of Public Law 116-94, are hereby
permanently rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded is hereby
appropriated, to remain available until expended in addition to
other funds as may be available for such purposes, for the same
purposes and under the same conditions as the funds made
available under subsection (a) of this section.
(c) Not to exceed 2 percent of the funds provided under this
section shall be available for necessary costs of grant
administration.
Sec. 798. For an additional amount for ``National Institute
of Food and Agriculture--Research and Education Activities'',
$300,000, for the Under Secretary for Research, Education, and
Economics to convene a blue-ribbon panel for the purpose of
evaluating the overall structure of research and education
through the public and land-grant universities, including 1890
Institutions, to define a new architecture that can better
integrate, coordinate, and assess economic impact of the
collective work of these institutions.
Sec. 799. For an additional amount for ``National Institute
of Food and Agriculture--Research and Education Activities'',
$4,000,000, to remain available until September 30, 2022, for a
competitive grant to an institution in the land-grant
university system to establish a Farm of the Future testbed and
demonstration site.
Sec. 799A. There is hereby appropriated $22,000,000, to
remain available until expended, to carry out section 12513 of
Public Law 115-334: Provided, That of the amounts made
available, $20,000,000 shall be for established dairy business
innovation initiatives and the Secretary shall take measures to
ensure an equal distribution of funds between the three
regional innovation initiatives.
Sec. 799B. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States
Department of Agriculture to propose, finalize or implement any
regulation that would promulgate new user fees pursuant to 31
U.S.C. 9701 after the date of the enactment of this Act.
Sec. 799C. (a) Any remaining unobligated balances of funds
made available under the heading ``Department of Agriculture--
Agricultural Programs--Processing, Research and Marketing--
Office of the Secretary'' in subsections (b) and (d) of section
791 of division B of the Further Consolidated Appropriations
Act, 2020 Public Law 116-94 for block grants to eligible states
and territories pursuant to the first proviso under the heading
``Department of Agriculture--Agricultural Programs--Processing,
Research and Marketing--Office of the Secretary'' in the
Additional Supplemental Appropriations for Disaster Relief Act
of 2019 Public Law 116-20, as amended by subsection (c) of
section 791 of division B Public Law 116-94, may be made
available for any of the other purposes and under the same
authorities and conditions for those purposes as the funds made
available under such heading in such Act, and for the purposes
specified and under the same authorities and conditions as in
the first, second, third, and fourth provisos of subsection (b)
of section 791 of division B of Public Law 116-94: Provided,
That this section shall not be effective before the award of
the block grants that were announced prior to the date of
enactment of this Act: Provided further, That any block grant
amounts that were announced prior to the date of enactment of
this Act and are subsequently awarded shall not be returned to
the Farm Service Agency until the date specified in the grant
agreement.
(b) Of the remaining unobligated balances of funds made
available under the heading ``Department of Agriculture--
Agricultural Programs--Processing, Research and Marketing--
Office of the Secretary'' in the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136), $1,000,000,000
shall be made available for the same purposes and under the
same authorities and conditions as the funds made available
under the heading ``Department of Agriculture--Agricultural
Programs--Processing, Research and Marketing--Office of the
Secretary'' in the Additional Supplemental Appropriations for
Disaster Relief Act of 2019 (Public Law 116-20), as of December
19, 2019, and for the purposes specified and under the same
authorities and conditions as in the first, second, third, and
fourth provisos of subsection (b) of section 791 of division B
of Public Law 116-94.
(c) The amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to that
section of that Act.
Sec. 799D. For necessary expenses for salary and related
costs associated with Agriculture Quarantine and Inspection
Services activities pursuant to 21 U.S.C. 136a(6), and in
addition to any other funds made available for this purpose,
there is appropriated, out of any money in the Treasury not
otherwise appropriated, $635,000,000, to remain available until
September 30, 2022, to offset the loss resulting from the
coronavirus pandemic of quarantine and inspection fees
collected pursuant to sections 2508 and 2509 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136, 136a): Provided, That amounts made available in this
section shall be treated as funds collected by fees authorized
under sections 2508 and 2509 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) for
purposes of section 421(f) of the Homeland Security Act of 2002
(6 U.S.C. 231(f)): Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2021''.
[Clerk's note.--Reproduced below is the material relating
to division A contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H7879 of
Book III.
---------------------------------------------------------------------------
EXPLANATORY STATEMENT SUBMITTED BY MRS. LOWEY, CHAIRWOMAN OF THE HOUSE
COMMITTEE ON APPROPRIATIONS, REGARDING THE HOUSE AMENDMENT TO THE
SENATE AMENDMENT TO H.R. 133, CONSOLIDATED APPROPRIATIONS ACT, 2021
The following is an explanation of the Consolidated
Appropriations Act, 2021.
This Act includes the 12 regular appropriations bills for
fiscal year 2021, supplemental appropriations for coronavirus
response and relief, and other matter. The divisions contained
in the Act are as follows:
Division A--Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2021
Division B--Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2021
Division C--Department of Defense Appropriations
Act, 2021
Division D--Energy and Water Development and
Related Agencies Appropriations Act, 2021
Division E--Financial Services and General
Government Appropriations Act, 2021
Division F--Department of Homeland Security
Appropriations Act, 2021
Division G--Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2021
Division H--Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2021
Division I--Legislative Branch Appropriations Act,
2021
Division J--Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2021
Division K--Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2021
Division L--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2021
Division M--Coronavirus Response and Relief
Supplemental Appropriations Act, 2021
Division N--Additional Coronavirus Response and
Relief
Division O--Extensions and Technical Corrections
Division P--National Bio and Agro-Defense Facility
Act of 2020
Division Q--Financial Services Provisions and
Intellectual Property
Division R--Protecting Our Infrastructure of
Pipelines and Enhancing Safety Act of 2020
Division S--Innovation for the Environment
Division T--Smithsonian American Women's History
Museum Act and National Museum of the American Latino
Division U--Homeland Security and Governmental
Affairs Provisions
Division V--Aircraft Certification, Safety, and
Accountability
Division W--Intelligence Authorization Act for
Fiscal Year 2021
Division X--Supporting Foster Youth and Families
Through the Pandemic
Division Y--American Miner Benefits Improvement
Division Z--Energy Act of 2020
Division AA--Water Resources Development Act of
2020
Division BB--Private Health Insurance and Public
Health Provisions
Division CC--Health Extenders
Division DD--Montana Water Rights Protection Act
Division EE--Taxpayer Certainty and Disaster Tax
Relief Act of 2020
Division FF--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 specifies the definition for the term
``coronavirus''.
Section 9 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.
[Clerk's note.--Reproduced below is the material relating
to division A contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H7879 of
Book III.
---------------------------------------------------------------------------
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
CONGRESSIONAL DIRECTIVES
The explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise
noted, the language set forth in House Report 116-446 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 cases in which the House or this explanatory statement
has 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 A 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, 2021, 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 2021, 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, 2021. The agreement also directs the Food and Drug
Administration (FDA) 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, 2021.
Further, USDA and FDA should be mindful of Congressional
authority to determine and set final funding levels for fiscal
year 2022. Therefore, the agencies should not presuppose
program funding outcomes and prematurely initiate action to
redirect staffing prior to knowing final outcomes on fiscal
year 2022 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
monthly basis.
The agreement notes that the explanatory statement
accompanying the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2021 directs the Attorney General
to ensure implementation of evidence-based training programs on
de-escalation and the use-of-force, as well as on police-
community relations, that are broadly applicable and scalable
to all Federal law enforcement agencies. The agreement further
notes that several agencies funded by this Act employ Federal
law enforcement officers and are Federal Law Enforcement
Training Centers partner organizations. The agreement directs
such agencies to consult with the Attorney General regarding
the implementation of these programs for their law enforcement
officers. The agreement further directs such agencies to brief
the Committees on Appropriations on their efforts relating to
such implementation no later than 90 days after consultation
with the Attorney General. In addition, the agreement directs
such agencies, to the extent that they are not already
participating, to consult with the Attorney General and the
Director of the FBI regarding participation in the National
Use-of-Force Data Collection. The agreement further directs
such agencies to brief the Committees on Appropriations, no
later than 90 days after enactment of this Act, on their
current efforts to so participate.
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $46,998,000 for the Office of the
Secretary. This includes an increase of $500,000 for the
Outreach and Assistance for Socially Disadvantaged Farmers and
Ranchers and Veteran Farmers and Ranchers program. The
agreement provides $1,000,000 for the Office of Tribal
Relations.
USDA is directed to provide a report on January 4, 2021 and
May 18, 2021, on planned uses of funding under the authorities
of Section 4 and Section 11 of the CCC Charter Act.
The agreement does not include language related to
symposia.
There is concern that without consultation with or approval
from the Committees, the Department changed the format of the
Explanatory Notes for the fiscal year 2021 budget request. For
fiscal year 2022 and future years, the Department is directed
to present Explanatory Notes in a format consistent with the
presentation used for the fiscal year 2020 Budget, with similar
display and narrative and table of contents. The Explanatory
Notes should also put the accounts in the same order as the
accounts in the bill. Any deviations from that format are to be
approved in advance by the Committees. The Department is
strongly encouraged to improve the quality of its budget
justifications.
The agreement is aware of concerns that the interim final
rule entitled ``Establishment of a Domestic Hemp Production
Program'' published by the Department in the Federal Register
on October 31, 2019 (84 Fed. Reg. 58522) may create compliance
challenges for the regulated community by using sampling and
testing protocols that require too short a timeframe between
testing and harvest, failing to provide a lack of alternative
to the use of Drug Enforcement Administration registered
laboratories, requiring the conversion of THCA into delta-9
THC, requiring a sampling of only flowering tops, and
establishing an inflexible negligence threshold of 0.5 percent.
The agreement directs USDA to ensure that any final rule is
based on science, is in accordance with underlying law, and
will ensure a fair and reasonable regulatory framework for
commercial hemp production in the United States. In addition,
the agreement encourages the Secretary to utilize the current
research at the Agricultural Research Service and the Land-
Grant Universities partnering with the National Institute of
Food and Agriculture to guide the hemp sampling and testing
protocols.
In addition, the USDA shall develop regulations, within
existing authority, that protect the transportation,
processing, sale, or use of hemp and in-process hemp extract,
that may temporarily exceed a delta-9 THC concentration of
0.3%, including in-process hemp extract that was: (1) produced
from hemp that meets the definition of hemp under 7 U.S.C.
Sec. 1639o; (2) cultivated in accordance with subtitle G of the
Agricultural Marketing Act of 1946 [7 U.S.C. 1639o et seq.] (as
added by section 10113 of the Agriculture Improvement Act of
2018) or section 7606 of the Agricultural Act of 2014 [7 U.S.C.
5940]; (3) not packaged as a finished product; and (4) not sold
or offered for sale as a finished product to consumers.
No later than 60 days after enactment, the Department is
directed to submit an execution strategy for each new
initiative funded in this Act and to submit quarterly reports
on each initiative until it is fully implemented. This strategy
should include, but is not limited to, the steps necessary to
make funding available, the timeline thereof, targeted
beneficiaries, and expected results.
The agreement understands that complex problems affecting
the health of humans, animals, and the environment are best
solved through improved communication, cooperation, and
collaborations. Within 120 days of enactment, the Secretary
shall submit a report to the Committees detailing existing
collaborative efforts between FDA, USDA, and other agencies to
prevent and respond to zoonotic disease outbreaks in animals
and humans. The report may include, but is not limited to,
competitive research grant programs; training and support for
scientists, first responders, or medical personnel; engagement
of nongovernmental entities; and participation in international
collaboration and research to assist in establishing a One
Health program.
Beginning with the fiscal year 2021 spending plans, USDA is
directed to include for each program, project, or activity: (1)
a comparison between the congressional budget justification
funding levels, the most recent congressional directives or
approved funding levels, and the funding levels proposed by the
department or agency; and (2) a clear, concise, and informative
description/justification. USDA is reminded of notification
requirements, also included in Title VII, for all applicable
changes.
The agreement is aware of 57 outstanding reports overdue to
the Committees from prior fiscal years. The Department is
directed to include in its fiscal year 2022 Congressional
Justification, as a single exhibit, a table listing all
deliverables, with a column for due date if applicable. The
agreement further directs the Department, through OBPA, to
provide an update on all overdue reports and provide monthly
updates thereafter.
The Secretary is directed to provide a report, no later
than March 1, 2021, on specific agency authorities and
activities that could contribute to more robust solar power
generation in rural areas, associated economic benefits for
landowners and rural communities, and land use implications
including wildlife habitat and soil and water quality. The
Secretary should also outline opportunities for collaboration
with the Department of Energy on this strategy.
The agreement recognizes the recent enactment of a domestic
ban on the slaughter, transportation, possession, purchase, and
sale of dogs and cats for human consumption. The agreement
urges the Secretary to work to move forward with an
international agreement to ban the trade of dog and cat meat
worldwide.
The agreement is aware of informal collaborations among
USDA agencies and State, local, and territorial governments in
the insular Pacific to combat invasive species, protect local
ecologies, and prevent the introduction of additional invasive
pests to the U.S. mainland. The agreement urges the Secretary
to move forward with formal memoranda of agreements.
The agreement encourages the Secretary to study the usage
and impacts of energy and water in hemp cultivation and
controlled environment agriculture and to make recommendations
on best practices and standards in both sectors.
The agreement recognizes the importance of the temporary
agricultural workers program in supporting U.S. agriculture and
maintaining our food supply and urges the Secretary to
coordinate with other relevant Departments to provide
additional flexibilities to consulates and those involved with
processing visas in a manner that protects public health while
ensuring the visa application process moves forward.
The agreement encourages agencies to disclose costs
associated with analyses required by the National Environmental
Policy Act (Public Law 91-190).
The agreement is concerned about unfair wheat grading
practices that negatively affect American wheat growers that
export to Canada. Current Canadian grading automatically
downgrades American wheat to the lowest quality designation
while the U.S. grading system provides a fair examination for
wheat imported from Canada. The agreement believes this
discrepancy needs to be addressed to ensure U.S wheat growers
are being treated fairly.
The agreement understands the importance of the Hatch Act
and the responsibility of federal employees to refrain from
engaging in political activities while they are on the job. The
agreement expects the Department to ensure that all employees
are reminded of their obligations under the Hatch Act, 5 U.S.C.
7323(a) and 7324(a), and any implications of violations
thereto.
The following table reflects the agreement:
OFFICE OF THE SECRETARY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Secretary.................................... $5,101
Office of Homeland Security................................ 1,324
Office of Partnerships and Public Engagement............... 7,002
Office of Assistant Secretary for Administration........... 881
Departmental Administration................................ 21,440
Office of Assistant Secretary for Congressional Relations 3,908
and Intergovernmental Affairs.............................
Office of Communications................................... 7,342
------------
Total, Office of the Secretary......................... $46,998
------------------------------------------------------------------------
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
The agreement provides $24,192,000 for the Office of the
Chief Economist, including an increase of $500,000 for the U.S.
Drought Monitor.
The agreement provides $8,000,000 for policy research under
7 U.S.C. 3155 for entities with existing institutional capacity
to conduct complex economic and policy analysis and which have
a lengthy and well-documented record of conducting policy
analysis for the benefit of USDA, the Congressional Budget
Office, or the Congress. Of the amount provided for policy
research activities, $3,000,000 is provided for the Department
to focus efforts on entities that have developed models,
databases, and staff necessary to conduct in-depth analyses of
impacts of agriculture or rural development policy proposals on
rural communities, farmers, agribusiness, taxpayers, and
consumers. The Department is encouraged to fund regional and
State-level baseline projections in addition to currently
available national and international outlooks.
OFFICE OF HEARINGS AND APPEALS
The agreement provides $15,394,000 for the Office of
Hearings and Appeals.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The agreement provides $9,629,000 for the Office of Budget
and Program Analysis.
Office of the Chief Information Officer
The agreement provides $66,814,000 for the Office of the
Chief Information Officer, including $56,000,000 for
cybersecurity activities.
Office of the Chief Financial Officer
The agreement provides $6,109,000 for the Office of the
Chief Financial Officer.
Office of the Assistant Secretary for Civil Rights
The agreement provides $908,000 for the Office of the
Assistant Secretary for Civil Rights.
Office of Civil Rights
The agreement provides $22,789,000 for the Office of Civil
Rights.
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $108,124,000 for Agriculture
Buildings and Facilities. The Department is urged to use the
Non-recurring Expense Fund for any additional needs. The
agreement supports the One Neighborhood initiative for which a
large increase was requested. However, the budget justification
did not provide sufficient justification to fund it in full.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $6,514,000 for Hazardous Materials
Management.
Office of Safety, Security, and Protection
The agreement provides $23,218,000 for the Office of
Safety, Security, and Protection.
Office of Inspector General
The agreement provides $99,912,000 for the Office of
Inspector General, including an increase of $500,000 to address
illegal animal fighting.
Office of the General Counsel
The agreement provides $45,390,000 for the Office of the
General Counsel.
Office of Ethics
The agreement provides $4,184,000 for the Office of Ethics.
Office of the Under Secretary for Research, Education, and Economics
The agreement provides $809,000 for the Office of the Under
Secretary for Research, Education, and Economics.
The agreement notes that Section 7132 of the 2018 Farm Bill
directed the Office of the Chief Scientist to complete a
strategic plan for the Agriculture Advanced Research and
Development Authority (AGARDA) that demonstrates USDA's vision
for AGARDA. The agreement directs USDA to complete this
strategic plan not later than 180 days after the enactment of
this Act. The plan should include a discussion of how AGARDA
can work in collaboration with ongoing research programs
operating in ARS and NIFA.
The agreement notes statements made by the Department
acknowledging the eligibility of researchers participating in
hemp pilot programs, as defined by Section 7606 of the
Agricultural Act of 2014 (Public Law 113-79). The agreement
directs the Department to work with and inform stakeholders of
this eligibility and to support hemp research, as authorized by
Section 7606 of the Agricultural Act of 2014 (Public Law 113-
79) and Subtitle G of the Agricultural Marketing Act of 1946 (7
U.S.C. 1621-1627, 1635-1638).
The agreement directs the Secretary to prioritize research
and work on pollinator health and to continue to gather data on
an annual basis with respect to the losses of such colonies,
rising input costs, and pollinators' overall economic value to
the food economy.
The agreement recognizes the important role silvopasture
farming has in stimulating farmer income, local water
retention, carbon sequestration, improved animal welfare
conditions, and decreased erosion. The Secretary is encouraged
to prioritize funding for silvopasture research and education.
The agreement directs the Secretary to submit a report to the
Committees, within 180 days of enactment of this Act,
evaluating the impact of current educational outreach on farmer
utilization of silvopasture practices.
Economic Research Service
The agreement provides $85,476,000 for the Economic
Research Service (ERS).
The agreement recognizes the economic importance of
international trade for U.S. agricultural commodities and
believes that producers and markets would benefit from having
access to additional data on the country of destination or
origin of those commodities. The agreement directs ERS to
report on a quarterly basis the top five agricultural commodity
exports and imports by State and to identify the country of
destination or origin of those commodities.
The agreement maintains funding provided in fiscal year
2020 for ERS to expand its current feed cost components surveys
nationally.
The agreement notes that the organic industry has grown at
a tremendous rate over the past several years and accurate data
for the production, pricing, and marketing of organic products
is essential. The agreement encourages ERS to continue and
expand the efforts relating to organic data analysis.
The agreement recognizes that a lack of job opportunities
in some rural areas is causing more workers to commute greater
distances to urban areas from rural areas, but this increased
commuting does not represent an increase in access to services
for rural residents. Therefore, the agreement encourages ERS to
continue to coordinate its research work with the Federal
Office of Rural Health Policy to identify clear, consistent,
and data-driven methods for accurately defining rural areas in
the United States.
National Agricultural Statistics Service
For the National Agricultural Statistics Service (NASS),
the agreement provides an appropriation of $183,921,000, of
which $46,300,000 is for the Census of Agriculture. The
agreement includes an increase of $500,000 for NASS to
coordinate with AMS to expand organic price reporting and data
collection and an increase of $500,000 to complete the
Floriculture Crops Report. In compiling the report, NASS shall
include data from Alaska.
The agreement does not accept any proposed eliminations or
reductions of ongoing activities, including Acreage, Crop
Production and Grain Stocks; Barley acreage and production
estimates; the Bee and Honey Program; the Chemical Use Data
Series, including the collection of Fruit Chemical Use data and
Vegetable Chemical Use data in alternating years; 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 2020. NASS is directed to resume
all of these reports immediately upon enactment of this Act.
Agricultural Research Service
SALARIES AND EXPENSES
The agreement provides $1,491,784,000 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 and intramural
research to be funded at no less than the fiscal year 2020
levels, including but not limited to agricultural genomics,
alternative technologies for animal waste utilization,
aquaculture seedstock, blueberry breeding, center for
pollinator health, contagious bovine pleuropneumonia, cotton
blue disease, cotton ginning, cover crops research and
outreach, feed enhancement, floriculture and nursery research,
foodborne pathogens, forest products, fruit fly and exotic pest
control, genomes to fields, high performance computing, harmful
algal bloom, hops research, macadamia tree health, pear
genetics and genomics, pollinator recovery, postharvest dairy
research, potato research, poultry production technology
development, poultry research, precision viticulture,
predictive modeling tools, resilient dryland farming, shrimp
production research, small farm orchard unit, small grains
genomics, soft white wheat falling numbers test, sorghum
genetic database, sudden oak death, tree fruit post-harvest
research, U.S. Wheat and Barley Scab Initiative, warmwater
aquaculture, and wheat and sorghum research. The agreement
provides funding increases for activated foods, advancing the
efficiency of forage-based beef production, alfalfa, ancient
crops, animal health and agro-/bio-defense, aquaponics system
development, barley pests, bee genomic sequencing, cercospora
leaf spot disease, chronic wasting disease, contamination and
sanitation inspection tools, cover crops and cereal grain
variety, cranberry research, crops and soils research, dietary
manipulation to improve gut health in broilers, East Coast
shellfish research, fertilizer innovation research, food
systems, fruit fly and exotic pest control, genetic oat
research, healthy soils, hemp germplasm, hemp production
systems, horticultural trade, human nutrition research,
livestock genetic research, Missouri River Basin water resource
management, National Bio- and Agro-Defense Facility (NBAF),
Pacific Coast shellfish genetics and breeding, peanut research,
pecan genetics, pecan processing research, precision
aquaculture, pulse crop quality, pulse health, rangeland
precision livestock management, rangeland research, regional
climate hubs, sclerotinia, small fruits, soil carbon research,
sugar beet research, sugarcane variety, sustainable
aquaculture, sustainable water use, unmanned aerial systems
precision agriculture applications, whitefly, and wildfire
smoke taint.
The agreement recognizes the importance of 1890s Land Grant
Institutions and the collaborative relationships that have
developed with ARS research facilities over the years. The
agreement directs ARS to explore expanding partnerships with
1890s Land Grant Institutions on ongoing and new research to
ensure future beneficial collaborations.
The agreement directs ARS to ensure that each of its
facilities housing animals is adhering to the Animal Welfare
Act at all times and to submit quarterly reports that include
both all violations found by the Animal and Plant Health
Inspection Service (APHIS) during that quarter and the specific
actions that will be taken to prevent their recurrence.
Cattle fever ticks pose a significant health threat to U.S.
cattle and other species across the entire Southern region of
the United States. The agreement encourages ARS to develop safe
and effective compounds to combat cattle fever ticks. The
agreement also directs ARS to coordinate development of its
long-term cattle fever tick research program with APHIS efforts
under the Cattle Fever Tick Eradication Program. The agreement
provides no less than the fiscal year 2020 level for cattle
fever tick research.
The agreement encourages ARS and the Plant Genetics
Resources Research Unit to partner with 1890 institutions that
have existing institutional capacity on hemp germplasm
research, education, and extension capabilities.
The agreement notes ongoing efforts to develop a new
strategic plan for the National Arboretum to carry out its
missions of research, education, and public display gardens.
The agreement expects that such plan will address necessary
security and safety enhancements and new signage to enhance
public access of the National Arboretum. In addition, the
agreement directs ARS to explore entering into agreements with
the District of Columbia and private sector partners to fulfill
these public access improvements.
The agreement directs ARS to continue its Atlantic salmon
breeding and domestication work. The agreement also notes that
the current ARS Atlantic salmon breeding program lacks a
geneticist and supports efforts by the Department to address
this need.
The agreement understands the budget request proposes to
close ARS laboratories across the country and does not support
this proposal. The agreement directs ARS to fully staff
laboratories even if the laboratory is proposed to be closed in
the budget request.
The agreement strongly encourages ARS to maintain its focus
on agriculture-related legal issues within the National
Agricultural Library. Agricultural-related legal issues are
increasingly complex and the impact of these legal issues
continues to broaden in scope. The agreement provides no less
than the fiscal year 2020 level for the National Agricultural
Library to support the Agricultural Law Information
Partnership. The agreement does not concur with any reductions
in administration budget requests and encourages ARS and the
National Agricultural Library to engage in multi-year
cooperative agreements with the Agricultural Law Information
Partnership's partner institutions.
The agreement encourages ARS to provide direct, place-based
assistance to 1862 Institutions in States that do not have ARS
facilities to address the research priorities of such States
and directs ARS to submit a report on the prospective options
of such assistance.
The agreement is concerned about the threats invasive pests
pose to the Pacific region, notably to agriculture, the
economy, environment, human health, and national security. The
agreement directs ARS to work with stakeholders, including
holding a public meeting, in the Pacific region to assess
options for combatting invasive pests. Options may include
invasive pest biocontrol research and development facilities,
including appropriate containment and rearing facilities.
The Department is urged to use the Non-recurring Expense
Fund for any additional NBAF needs.
BUILDINGS AND FACILITIES
The agreement provides $35,700,000 for ARS Buildings and
Facilities.
The agreement notes the importance of ARS laboratories and
the need for continued improvement. The agreement directs ARS
to evaluate its capital asset requirements for necessary
coordination with ongoing and emerging research opportunities.
As part of this evaluation, ARS should provide opportunity for
public comment in order to incorporate the priorities of all
interested stakeholders, including ARS and other scientists,
and users of ARS data. The agreement also notes the important
collaboration between ARS and universities and the impact that
aging facilities have on new research opportunities. The
agreement directs ARS to submit a report that includes
information on the current utilization of ARS facilities by
universities and other cooperators, as well as the extent to
which ARS is housed in cooperator facilities. In addition, the
agreement recognizes the national importance of the research
performed by ARS facilities that are not owned by ARS. Ongoing
efforts to upgrade ARS facilities to be on par with the
critical research done by the agency has not addressed ARS
research done by ARS employees at non-ARS facilities.
Accordingly, the agreement directs ARS to provide to the
Committees not later than 180 days after the enactment of this
Act a long-term, multi-year plan to guide capital asset and
construction decisions for new agricultural research facilities
focused on regionally and nationally important research topics,
including plant breeding and genetics research and plant
germplasm preservation.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
The agreement provides $992,642,000 for the National
Institute of Food and Agriculture (NIFA), Research and
Education Activities.
The agreement recognizes the value of leading public and
land-grant universities with unique high-throughput phenotyping
and greenhouse facilities and expertise for plant science
innovation, root and rhizome innovation, and food for health.
The agreement provides funding for the Genome to Phenome
program and encourages NIFA to support the development of tools
and datasets that can be used across multiple crop species to
develop advanced genome engineering tools for integrated
optimization of crop yield and livestock feed for improved
animal reproduction and nutrition and to mitigate environmental
impacts from crop and livestock production. The agreement
directs NIFA to use a competitive process to issue awards and
urges additional focus on root stocks that increase carbon
capture and can support grain crop covers.
The agreement is concerned with the insufficient progress
made in the Agriculture and Food Research Initiative (AFRI) to
address conventional plant and animal breeding that can provide
farmers with greater access to locally and regionally adapted
cultivars. The agreement directs the agency to make regionally
adapted, publicly held cultivar development a distinct funding
priority within AFRI for fiscal year 2021 and directs the
agency to take steps to improve its tracking of public cultivar
projects within AFRI. NIFA is directed to submit a report to
the Committees that describes the progress in meeting these two
goals. In addition, the agreement notes that research that
improves fertilizer use efficiency in crops is eligible for the
AFRI program and encourages the Department to further address
this important issue.
The agreement provides funding to support research for
alfalfa and forage to improve yields, conserve water, create
new uses, and for other research areas holding the potential to
advance the alfalfa seed and alfalfa forage industry.
The agreement encourages NIFA to support research on algae
and algae applications in agriculture, including new
technologies and commercial markets for renewable and
sustainable products derived from algae.
The agreement encourages USDA to support aquaculture
disease and vaccine research, including research on finfish
vaccines and pathogens, which have the potential to accelerate
the growth of sustainable U.S. aquaculture, reduce the trade
deficit attributed to imported seafood, and reduce the pressure
on overfished species.
The agreement recognizes the importance of the domestic
aquaculture industry to the U.S. economy and provides funding
for aquaculture research to address issues related to genetics,
disease, systems, and economics.
The agreement is supportive of the activities carried out
by the Binational Agricultural Research and Development (BARD)
and recognizes that this collaboration is of mutual benefit to
the United States and Israel. The agreement encourages NIFA to
leverage all possible funding streams to support BARD research
projects, which have contributed significantly to both the U.S.
and Israeli economies.
The agreement recognizes the need for research on
eradicating livestock diseases, particularly bovine brucellosis
and bovine tuberculosis, and encourages NIFA to make
competitive grants available to study improved management tools
for zoonotic livestock diseases with significant wildlife
reservoirs.
The agreement is concerned that large grocer recruitment
remains a problem for many communities, particularly those
experiencing higher rates of abandoned or vacant homes. The
Department is encouraged to explore innovative approaches to
address access to nutritional food options in urban food
deserts, including the development of community-wide urban
agriculture projects that assist in eliminating vacant
properties while providing the communities with much-needed
fresh produce.
The agreement directs NIFA to work with research
institutions to develop and refine predictive models and
monitoring technologies for native and invasive pests for
incorporation into integrated pest management programs for
naturally seeded, native berry crops to increase the margin of
food safety and product quality.
The agreement directs NIFA to study the recent infestation
of oak mites and focus on suppression and eradication
possibilities.
The agreement notes that the National Organic Standards
Board (NOSB) has identified key organic research priorities.
The agreement encourages NIFA to give strong consideration to
these priorities when crafting the fiscal year 2021 Request for
Applications for AFRI and the Organic Transition Program. Given
the growing demand for organic products, the agreement also
encourages USDA to increase the number of organic research
projects funded under AFRI and the Specialty Crop Research
Initiative.
The agreement notes that the Agriculture Improvement Act of
2018 (Public Law 115-334) expanded the Extension Risk
Management Education Program to include a wide range of farm
viability activities and dramatically increased the mandatory
funding provided for this program. In light of this funding
increase, the agreement directs NIFA to raise the maximum grant
size in order to accommodate a wider range of project types and
scopes and urges NIFA to develop a process to support regional,
multi-regional, and national projects, which would require a
separate, larger maximum grant size.
The agreement supports small fruit research to promote
sustainable production of berry and grape crops with the goal
of reducing pesticide use and improving quality and yield. The
agreement notes growing concerns about invasive insects, such
as the spotted winged drosophila and brown marmorated stink
bug, and the negative impact they have on small fruit
production and integrated pest management. The agreement
strongly encourages USDA to support research to improve the
ability to forecast pest and disease spread and implement
precision management strategies.
The agreement recognizes the importance of nationally
coordinated, regionally managed canola research and extension
programs and encourages the Secretary to give priority
consideration to proposals that address research needs in
production areas with the greatest potential to expand, as well
as those where canola production is established and needs to be
maintained.
The agreement strongly supports the Sustainable Agriculture
Research and Education program and directs USDA to ensure that
research, education, and extension activities carried out
within the program remain intact. The Secretary is encouraged
to support professional development program activities such as
training, grants, and resources for agricultural professionals
to build their awareness, knowledge, and skills related to soil
health and carbon sequestration.
The agreement encourages NIFA to support practical, hands-
on educational and training needs of the rapidly expanding
dairy industry through collaborations that bring together
students, young dairy professionals, academia, and dairy
producers.
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......... 73,000
(Evans-Allen Program).
Payments to the 1994 Institutions.. 7 U.S.C. 301 note..... 4,500
Education Grants for 1890 7 U.S.C. 3152(b)...... 26,000
Institutions.
Scholarships at 1890 Institutions.. 7 U.S.C. 3222a........ 10,000
Education Grants for Hispanic- 7 U.S.C. 3241......... 12,500
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..... 4,000
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......... 435,000
Initiative.
Veterinary Medicine Loan Repayment. 7 U.S.C. 3151a........ 8,500
Veterinary Services Grant Program.. 7 U.S.C. 3151b........ 3,000
Continuing Animal Health and 7 U.S.C. 3151a........ 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)...... 9,500
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, 40,000
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(e)...... 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........... ...................... 7,924
Federal Administration--Other ...................... 11,556
Necessary Expenses for Research
and Education Activities.
Total, Necessary Expenses...... ...................... 19,480
------------
Total, Research and Education ...................... $992,642
Activities.
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The agreement provides $11,880,000 for the Native American
Institutions Endowment Fund.
EXTENSION ACTIVITIES
The agreement provides $538,447,000 for NIFA, Extension
Activities.
The agreement notes the concern that farmers and ranchers
face highly stressful working conditions, which can contribute
to serious behavioral health concerns, especially during
downturns in the farm economy and trade uncertainty. The
agreement urges the Department to prioritize proposals from
regions that have seen high levels of farm bankruptcies,
auctions, and other signals of severe economic distress when
reviewing award applications for the Farm and Ranch Stress
Assistance Network program. The Secretary is directed to
provide quarterly reports to the Committees detailing the
indicators of stress, data on stress response strategies, and
emerging trends in rural economic and healthcare needs
resulting from these stress interventions. In addition, the
agreement directs NIFA and the Department's Rural Health
Liaison to coordinate with the Department of Health and Human
Services to gather and utilize existing data sets prepared by
the Centers for Disease Control and Prevention on farmer and
rancher mental and behavioral health. Further, the agreement
directs NIFA and the Rural Health Liaison to work together to
provide a report on farmers' and ranchers' mental health
status, access to behavioral health care, as well as geographic
and demographic factors that are associated with higher rates
of substance abuse, suicide, and job dissatisfaction. The
report should also discuss barriers in collecting or accessing
this information. The agreement directs the Department to
provide the report not later than 180 days after enactment.
The agreement notes the essential function that the
Cooperative Extension System plays in ensuring that farmers,
ranchers, and communities of all sizes are empowered to meet
the challenges they face, adapt to changing technology, improve
nutrition and food safety, prepare for and respond to
emergencies, and protect our environment. The agreement rejects
proposed cuts to Extension Activities and notes the increased
importance of extension given the extraordinary stresses placed
on farmers, ranchers, rural businesses and communities, and the
food supply chain by trade and market uncertainty and the
current economic downturn.
The agreement is concerned that the Cooperative Extension
System may not reach minority, socially disadvantaged, and
Tribal communities in proportion to their participation in the
agricultural sector. All institutions that receive extension
funding should seek to ensure that an equitable percentage of
their overall extension work reaches minority, socially
disadvantaged, and Tribal communities. The agreement directs
NIFA to evaluate distribution of extension resources to these
three populations and report to the Committees no later than 90
days after enactment of this Act.
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......... 62,000
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3).... 8,500
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b........ 21,500
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......... 10,000
Food & Ag Service Learning......... 7 U.S.C. 7633......... 2,000
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 Safety ...................... 5,000
Education Programs.
New Technologies for Agricultural ...................... 3,550
Extension.
Children, Youth, and Families at ...................... 8,395
Risk.
Federally Recognized Tribes ...................... 3,200
Extension Program.
Total, Section 3(d)............ ...................... 90,145
------------
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.... ...................... $538,447
------------------------------------------------------------------------
INTEGRATED ACTIVITIES
The agreement provides $39,000,000 for NIFA, Integrated
Activities.
The agreement directs the Secretary to support pest
management programs in potato growing States to minimize the
application of pesticides and to maximize the yield and quality
of harvested potatoes.
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......... 7,000
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... ...................... $39,000
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
The agreement provides $809,000 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 $1,064,179,000 for the Animal and
Plant Health Inspection Service (APHIS), Salaries and Expenses.
The agreement provides a net increase of $21,468,000 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:
$7,368,000 for pay and retirement contributions; $2,300,000 for
the Equine, Cervid, and Small Ruminant Health program to help
address chronic wasting disease; $3,000,000 for the Center for
Veterinary Biologics for additional staff; $3,000,000 for
Zoonotic Disease Management for an antimicrobial resistance
dashboard tool; $2,000,000 for Cotton Pests for boll weevil
eradication activities; $9,000,000 for Specialty Crop Pests for
the control and eventual eradication of the navel orangeworm
($2,000,000) and of the spotted lanternfly ($4,000,000), and
for canine detection and surveillance activities ($3,000,000);
$1,000,000 for Wildlife Damage Management to support feral
swine eradication efforts; $2,000,000 for Wildlife Services
Methods Development for chronic wasting disease work at the
National Wildlife Research Center; and $1,000,000 for Horse
Protection.
The agreement includes $6,200,000 in reductions as
requested by the Department from Veterinary Diagnostics and
completed pest programs. The agreement also reallocates
$3,000,000 from Field Crop and Rangeland Ecosystems Pests and
provides the same amount separately for a pilot program for the
control and eradication of the cogongrass weed.
Excluding pay and retirement contribution adjustments, the
agreement provides a total of $69,500,000 for citrus health
programs, including projects for Huanglongbing (HLB) and
support for the HLB Multi-Agency Coordination Group.
The agreement provides $32,893,000 for Agricultural
Quarantine Inspections (AQI), including pre-departure and
interline inspections. The agreement notes that assessing AQI
treatment monitoring fees on a per-enclosure basis imposes
disproportionate impacts on industry and user groups at certain
key ports of entry, including ports along the Southeastern
United States. USDA is encouraged to continue evaluating
alternative and equitable funding mechanisms in consultation
with relevant stakeholder groups.
The agreement provides $3,000,000 for APHIS to work with a
public-private partnership focused on combating the global
threat of antimicrobial resistance across humans, animals, and
the environment by way of the development of an antimicrobial
resistance dashboard tool for livestock management, research,
risk, and stewardship.
The agreement provides no less than the fiscal year 2020
level for cattle fever tick eradication needs and directs APHIS
to coordinate with ARS on the development of its long-term
cattle fever tick research program.
The agreement provides no less than $11,000,000 for cervid
health activities. Of the amount provided, $7,000,000 shall be
for APHIS to allocate funds directly to State departments of
wildlife and State departments of agriculture to further
develop and implement chronic wasting disease (CWD)
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. Within the
remaining $4,000,000 provided, APHIS should give consideration
to indemnity payments if warranted.
Of the funds made available for the National Clean Plant
Network (NCPN), $500,000 is provided for equipment purchases to
ensure the establishment of an additional diagnostic and
therapy center for the NCPN-Berries. Further, no less than the
fiscal year 2020 level should be available for the NCPN-Berries
diagnostic center.
The agreement directs APHIS to work with ARS and
stakeholders, and provides no less than the fiscal year 2020
level to develop an integrated management program for control
of the Roseau cane scale insect pest infestation.
The agreement is aware that USDA has confirmed the
detection of Asian giant hornets in Washington State. The
agreement directs the Department to keep the Committees
apprised of any new nest detections and resources needed to
support detection surveys, outreach, and methods development
for detection and response tools to prevent the establishment
of the Asian giant hornet in the United States.
The agreement recognizes the extreme economic hardship
posed to gamebird and egg farmers when flocks are determined to
be infected by highly and low pathogenic avian influenza and
acknowledges the severe limitations on controlled marketing
available to producers of live game birds, as well as the
income loss from egg production. The agreement encourages APHIS
to provide full indemnity coverage for gamebird and egg
operations and cease attempts to limit coverage.
The agreement urges USDA to consider providing emergency
response resources, such as a funding set aside from the Plant
Protection Act Section 7721 program, to rapidly respond to pest
emergencies of high economic consequence in Hawaii. The
agreement also urges USDA to assist with coordination, support,
and other available tools and resources to State, academic, and
coffee industry stakeholders.
The agreement remains concerned about the capacity of
States to conduct surveillance, testing, prevention, and
research relating to Eastern Equine Encephalitis and provides
no less than the fiscal year 2020 level to support ongoing
cooperative agreements with impacted States.
The agreement recognizes the importance of discovering
collaborative, science-based solutions for feral wild horse
animal management and encourages APHIS to study the control of
large feral animal populations that pose health and safety
risks.
The agreement provides no less than the fiscal year 2020
level to support the implementation of the Lacey Act within the
Safe Trade and International Technical Assistance program.
The agreement supports the Department's decision to develop
a new National Aquaculture Health Plan in accordance with
Executive Order 13921 and directs APHIS to collaborate with
State and land-grant university partners in the development of
the new plan. The agreement further directs the Department to
report to the Committees within 60 days of enactment of this
Act on its efforts in this regard.
The agreement provides no less than $3,000,000 for APHIS to
develop a qualified workforce comprised of subject matter
experts. The agreement encourages APHIS to establish
cooperative agreements with academic research institutions,
particularly non-land grant Hispanic-Serving Institutions, to
support the next generation of the NBAF workforce.
The agreement is concerned about online dog dealers that
are continuing to sell animals without the necessary USDA
licenses pursuant to the Animal Welfare Act. The agreement
encourages APHIS to continue to conduct robust oversight and
enforcement of this statute and the 2013 rule requiring online
dealers who are selling animals to consumers sight-unseen to
have the necessary license.
The agreement includes no less than the fiscal year 2020
funding level to improve understanding of EU1 and NA1 strains
of the sudden oak death pathogen and treatment methods to
inform control and management techniques in wildlands.
The agreement encourages APHIS to further investigate West
Nile virus and other infectious diseases affecting farm raised
alligators and develop treatments and methods to prevent
infection and transmission.
The agreement provides no less than the fiscal year 2020
level for the agency to reduce blackbird depredation in the
Northern Great Plains.
The agreement provides no less than the fiscal year 2020
level for damage management efforts and the development of
methods to assist catfish producers in combatting the
persistent threat and economic hardship caused by cormorants,
pelicans, and other birds.
The agreement provides an additional $1,000,000 above the
fiscal year 2020 level in support of APHIS efforts to decrease
the damage and risk to agriculture, natural resources, and
property caused by feral swine.
The agreement provides $28,000,000 for the National Rabies
Management Program to fortify existing barriers and advance
prevention and eradication efforts.
The agreement provides $2,000,000 within Wildlife Damage
Management to maintain a national training academy focused on
those areas of greatest concern for human-animal conflicts.
The agreement supports additional research to address
improved diagnostics, management, treatment, and transmission
pathways of CWD. Concerns also remain about the growing threat
of CWD in the Southeastern United States and the potential for
conflicts between people and cervids nationwide. The agreement
notes that while CWD has the potential to reduce populations
long-term and cause major socio-economic impacts, its zoonotic
potential lacks a definitive conclusion, among other unknowns.
Therefore, the agreement provides an additional $2,000,000 to
expand the mission area of Wildlife Services and its National
Wildlife Research Center to include CWD-related research,
including activities to prevent future conflicts between humans
and cervid populations.
The agreement is concerned by the growing prevalence of
Little Cherry Disease in the Pacific Northwest and California,
and the significant threat that it poses to the region's stone
fruit. The agreement encourages the Secretary to prioritize
work and research on detection and mitigation of the disease
and to work with growers, universities, and other partners to
develop effective control mechanisms.
The following table reflects the agreement:
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
(In thousands of dollars)
------------------------------------------------------------------------
------------------------------------------------------------------------
Animal Health Technical Services........................... $38,093
Aquatic Animal Health...................................... 2,272
Avian Health............................................... 63,213
Cattle Health.............................................. 105,216
Equine, Cervid, and Small Ruminant Health.................. 28,982
National Veterinary Stockpile.............................. 5,736
Swine Health............................................... 25,020
Veterinary Biologics....................................... 20,570
Veterinary Diagnostics..................................... 56,979
Zoonotic Disease Management................................ 19,620
------------
Subtotal, Animal
Health..................................................... 365,701
Agricultural Quarantine Inspection (Appropriated).......... 32,893
Cotton Pests............................................... 13,597
Field Crop & Rangeland Ecosystems Pests.................... 10,942
Pest Detection............................................. 27,733
Plant Protection Methods Development....................... 20,884
Specialty Crop Pests....................................... 196,553
Tree & Wood Pests.......................................... 60,456
------------
Subtotal, Plant
Health..................................................... 363,058
Wildlife Damage Management................................. 111,647
Wildlife Services Methods Development...................... 21,046
------------
Subtotal, Wildlife
Services................................................... 132,693
Animal & Plant Health Regulatory Enforcement............... 16,400
Biotechnology Regulatory Services.......................... 19,020
------------
Subtotal, Regulatory
Services................................................... 35,420
Contingency Fund........................................... 478
Emergency Preparedness & Response.......................... 41,268
------------
Subtotal, Emergency
Management................................................. 41,746
Agriculture Import/Export.................................. 15,722
Overseas Technical & Trade Operations...................... 24,198
------------
Subtotal, Safe
Trade...................................................... 39,920
Animal Welfare............................................. 31,661
Horse Protection........................................... 2,009
------------
Subtotal, Animal
Welfare.................................................... 33,670
APHIS Information Technology Infrastructure................ 4,251
Physical/Operational Security.............................. 5,153
Rent and DHS Payments...................................... 42,567
------------
Subtotal, Agency
Management................................................. 51,971
============
Total, Direct Appropriation............................ $1,064,179
------------------------------------------------------------------------
BUILDINGS AND FACILITIES
The agreement provides $3,175,000 for APHIS Buildings and
Facilities.
Agricultural Marketing Service
MARKETING SERVICES
The agreement provides $188,358,000 for Agricultural
Marketing Service (AMS), Marketing Services.
The agreement provides increases of $2,000,000 for the
Farmers Market and Local Food Promotion Program; $2,000,000 for
the National Organic Program; and $500,000 for the Organic Data
Initiative.
The agreement recognizes that accurate data for the
production, pricing, and marketing of organic products is
essential to maintaining stable markets, identifying fraud,
creating risk management tools, tracking production trends, and
increasing exports. The Secretary is directed to require
mandatory reporting on an annual basis by accredited certifying
agents on aggregate production areas certified by crop and
location in order to accurately calculate organic acreage and
yield estimates on a country-by-country basis. Additionally,
the agreement directs the Secretary to submit a report to the
Committees within one year of enactment of this Act detailing
the Department's current collection and publication of organic
data and identifying gaps in the reporting or collection of
organic-specific data.
The agreement encourages AMS to prioritize proposals for
the Acer Access and Development Program that support the
promotion of research and education, natural resource
sustainability, and market development and promotion.
The agreement recognizes the severe stress and harsh
economic losses facing the Nation's dairy farmers that have
driven thousands of farmers out of business and delayed
economic recovery for those that remain. Given this urgency,
the agreement encourages the Secretary to use all available
resources to help these struggling farmers to diversify,
innovate, and reduce risk.
The agreement recognizes that the current economic climate
has had a severe, negative impact on local food systems. The
agreement encourages AMS to prioritize funding applications
that increase the resilience and adaptability of local food
systems and ensure compliance with the Food Safety
Modernization Act.
The agreement urges USDA to reestablish the Wild Caught
Working Group under the National Organic Standards Board to
evaluate wild capture aquatic animal production systems and
assess the feasibility and appropriateness of developing
organic production, handling, and labeling standards for wild
caught seafood. USDA is directed to provide a report on the
status of discussions with interested parties, including the
wild caught seafood industry and the organic community,
regarding the feasibility and framework for establishing
organic standards for wild-caught seafood.
The agreement recognizes the importance of consumer
confidence in the integrity of the USDA Organic Seal and notes
the work that USDA has done to increase training and certifier
consistency with respect to dairy operations. The agreement
directs AMS to continue to resolve inconsistencies in
enforcement and interpretation of regulations, including those
relating to the transition of livestock to organic dairy
production and dry matter intake during the grazing season. AMS
is further directed to continue to conduct critical risk-based
oversight, particularly for large, complex dairy operations.
The agreement recognizes the importance of ensuring that
meat pricing mechanisms are transparent and provide reliable
price discovery for cattle producers and that farmers,
ranchers, processors, and consumers must have a fair and
competitive marketplace. The agreement directs the Secretary,
working with the Attorney General as appropriate, to act
expeditiously to analyze these issues and to consider extending
the ongoing investigation to include recent economic
disruptions.
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:
------------------------------------------------------------------------
------------------------------------------------------------------------
Appropriation (30% of Customs Receipts).............. $22,733,332
Less Transfers:
Food and Nutrition Service......................... -21,040,057
Commerce Department................................ -262,275
Total, Transfers............................. -21,302,332
Budget Authority, Farm Bill.......................... 1,431,000
Appropriations Temporarily Reduced--Sequestration.. -71,136
Budget Authority, Appropriations Act 1,359,864
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.................. 183,000
Estimated Future Needs............................. 800,425
Total, Commodity Procurement................. 1,686,925
Administrative Funds:
Commodity Purchase Support......................... 36,746
Marketing Agreements and Orders.................... 20,705
Total, Administrative Funds.................. 57,451
Total Obligations............................ $1,744,376
------------------------------------------------------------------------
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 $809,000 for the Office of the Under
Secretary for Food Safety.
The agreement recognizes the current pressure across the
food supply chain. The Food Safety and Inspection Service
(FSIS) is directed to do everything possible to ensure
employees are safe. This includes determining whether an
establishment's operating procedures sufficiently protect the
safety of inspectors. The agreement directs FSIS to review the
impact of the line-speed waivers it has granted on employees'
health and safety and report back to the Committees within 90
days of enactment of this Act. Going forward, FSIS is
encouraged to consult with the Occupational Safety and Health
Administration to ensure that any future line speed increases
would not have an adverse impact on employees' safety.
Food Safety and Inspection Service
The agreement provides $1,075,703,000 for the Food Safety
and Inspection Service (FSIS). This amount includes $4,500,000
for the Consumer Safety Inspection conversion and $1,000,000 to
defray the costs of inspection personnel outside of scheduled
hours for the inspection of wild caught invasive species in the
order siluriformes and family Ictaluridae.
The agreement directs FSIS to provide a report no later
than 120 days after enactment of this Act with strategies the
agency is using to ensure that Brazilian raw beef imports are
meeting the set standards.
The following table reflects the agreement:
FOOD SAFETY AND INSPECTION SERVICE
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal.............................................. $957,348
State................................................ 66,730
International........................................ 17,045
Public Health Data Communications Infrastructure 34,580
System..............................................
Total, Food Safety and Inspection Serviced....... $1,075,703
==================
------------------------------------------------------------------------
TITLE II
Farm Production and Conservation Programs
Office of the Under Secretary for Farm Production and Conservation
The agreement provides $916,000 for the Office of the Under
Secretary for Farm Production and Conservation.
The agreement does not support the co-location of FPAC
agency State offices into General Services Administration (GSA)
locations if it is not in the best interest of USDA employees,
customers, and taxpayers. Therefore, the agreement directs the
Under Secretary for FPAC to provide a report within 90 days of
enactment of this Act on proposed co-locations of FPAC agency
State offices, the cost-savings benefits associated with each,
and anticipated improvements in customer service associated
with each proposed GSA location.
Farm Production and Conservation Business Center
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $231,302,000 for the Farm Production
and Conservation (FPAC) Business Center. In addition,
$60,228,000 is transferred from the Commodity Credit
Corporation, $112,000 is transferred from the P.L. 480 Program,
and $318,000 is transferred from Commodity Credit Corporation
Export Loan Programs.
The agreement notes that in prior years, transfers from the
P.L. 480 and the Commodity Credit Corporation Export Loan
Programs were provided to the Farm Service Agency, Salaries and
Expenses. Now that those functions have been transferred to the
Business Center, so too are these funds.
The agreement notes that the FPAC Business Center was
created by the Secretary in 2018 with the goals of
consolidating administrative functions, reducing
inefficiencies, and increasing customer service. However, the
agreement is concerned about reports of prolonged delays in
filling critical staffing vacancies, which have led to delays
in the deployment of important conservation and commodity
programs. The agreement reminds the Secretary that the detailed
report required in the Explanatory Statement accompanying the
fiscal year 2020 Consolidated Appropriations Act, which was due
February 2020, regarding the FPAC Business Center's
efficiencies gained, metrics, hiring plan, and potential
reorganization, is overdue.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,142,924,000 for Farm Service
Agency (FSA), Salaries and Expenses. The agreement supports the
mission of FSA and the important services that it provides
across the country. The agreement is dedicated to ensuring FSA
has reliable and functioning IT systems. The agreement does not
accept the net decreases for information technology as
proposed, and provides $20,400,000 for farmers.gov.
The agreement is concerned FSA did not adequately consider
the urgent threat of drought in the Draft Programmatic
Environmental Assessment. (PEA) for the Conservation Reserve
Program. The agreement urges the Secretary to revise the PEA to
allow dryland agriculture uses, with the adoption of best
management practices, on land enrolled in the Conservation
Reserve Enhancement Program (CREP). The agreement further
directs the Secretary to submit a report to the Committees
detailing a full analysis of the new CREP dryland agricultural
uses authority and what dryland farming best management
practices could do to make advancements to protect ground water
and surface water quality and control soil erosion while
enhancing wildlife habitat.
Concerns remain about staffing shortages at FSA offices. No
later than 90 days from the enactment of this Act, the
agreement directs the Secretary to submit a report to Congress
with an administrative breakdown of allotment levels by State,
current full-time equivalents, current on-board permanent
employees by State, and funded ceiling levels by State.
The agreement recognizes the significant potential of the
Acreage Crop Reporting Streamlining Initiative (ACRSI) to
reduce the time and burden of Federal reporting requirements on
farmers by allowing farmers to report data electronically and
securely with both the Risk Management Agency and the Farm
Service Agency to automatically pre-populate forms, eliminate
redundant reporting, and increase data integrity. The agreement
notes that USDA's prioritization of ACRSI has been inadequate
and therefore directs the Under Secretary for Farm Production
and Conservation to allocate all necessary resources to
identify the software options necessary to ensure that ACRSI
technology is adopted and deployed by the Risk Management
Agency and the Farm Service Agency within 120 days of enactment
of this Act.
The agreement strongly encourages the Secretary, within the
total acreage made available for enrollment in the Conservation
Reserve Program and without reducing the periodic availability
of general signup, to enroll, to the maximum extent
practicable, acreage for activities included in the State Acres
for Wildlife Enhancement practice or other similar
administratively established wetland and habitat practices that
benefit priority fish and wildlife species identified in State,
regional, and national conservation initiatives, prioritizing
initiatives that provide large blocks of cover ideal for
wildlife nesting.
The agreement reminds USDA that the joint explanatory
statement accompanying Public Law 116-94 directed FSA 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 within 180 days of enactment of that
Act. The agreement expects FSA to carry out this congressional
directive.
The agreement is concerned that the Department provided
inaccurate estimates to Congress on the available unused
funding for the National Organic Certification Cost-Share
Program (OCCSP) during the development of the Agriculture
Improvement Act of 2018 (Public Law 115-334). The overestimates
have led to a funding gap that is leaving farmers with far less
assistance for completing this expensive and essential step
that is required to tap into the growing market for certified
organic food in the United States. The agreement directs the
Secretary to submit a report to the Committees on how it will
resolve inconsistencies in supplying Congress with estimates on
funding available for the OCCSP and other Farm Bill programs.
The agreement directs FSA to work with ranchers to tailor
the Livestock Indemnity Program to address unique
circumstances, such as panther depredation, which are currently
preventing producers from receiving compensation for losses.
The following table reflects the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Salaries and expenses...................................... $1,142,924
Transfer from ACIF....................................... 294,114
------------
Total, FSA Salaries and expenses....................... $1,437,038
------------------------------------------------------------------------
STATE MEDIATION GRANTS
The agreement provides $6,914,000 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 such sums as may be necessary for
the Dairy Indemnity Program.
The agreement is aware that a small number of dairy farms
are unable to sell their milk as a result of contamination from
a family of synthetic chemicals, collectively known as ``PFAS''
chemicals. The agreement notes that USDA's own research has
shown that PFAS residues remain detectable in contaminated
livestock even after an extended withdrawal period, which could
result in potential human exposure. The agreement requires the
Secretary to utilize the Dairy Indemnity Payment Program to
purchase and remove PFAS contaminated cows from the market,
rather than paying for prolonged and imprudent monthly
production indemnities. The Secretary shall utilize the
established, applicable Livestock Indemnity Program average
fair market value price to compensate for PFAS contaminated
cows at affected dairies.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $9,858,176,000 for the ACIF program
account.
The agreement includes $5,000,000 for Indian Highly
Fractionated Land Loans and notes there are sufficient
carryover balances to help meet demand. The agreement directs
FSA to provide a report on the program's utilization and
directs FSA to increase outreach to tribes and tribal members
to improve the accessibility of the program.
The following table reflects the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations:
Farm Ownership Loans:
Direct................................................... $2,500,000
Guaranteed............................................... 3,300,000
Subtotal, Farm Ownership Loans........................... 5,800,000
------------
Farm Operating Loans:
Direct................................................... 1,633,333
Unsubsidized Guaranteed.................................. 2,118,482
Subtotal, Farm Operating Loans........................... 3,751,815
------------
Emergency Loans............................................ 37,668
Indian Tribe Land Acquisition Loans........................ 20,000
Conservation Loans-Guaranteed.............................. 150,000
Relending Program.......................................... 33,693
Indian Highly Fractionated Land............................ 5,000
Boll Weevil Eradication.................................... 60,000
Total, Loan Authorizations............................. 9,858,176
============
Loan Subsidies:
Farm Operating Loan Subsidies:
Direct................................................... 38,710
Unsubsidized Guaranteed.................................. 23,727
Subtotal, Farm Operating Subsidies....................... 62,437
------------
Emergency Loans............................................ 207
Relending Program.......................................... 5,000
Indian Highly Fractionated Land............................ 742
Total, Loan Subsidies.................................. 68,386
============
ACIF Expenses:.............................................
Salaries and Expenses.................................... 294,114
Administrative Expenses.................................. 13,230
Total, ACIF Expenses................................... $307,344
============
------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
The agreement provides $60,131,000 for the Risk Management
Agency (RMA), Salaries and Expenses.
The agreement directs FSA and RMA, in consultation with
relevant stakeholders, to study and update corn test weight
discount tables to improve the accuracy of these discount
factors.
The agreement directs RMA to provide flexibility to
producers wishing to hay or graze cover crops on prevented
planting acreage before November 1. The agreement further
directs RMA to study alternatives to a nationwide haying and
grazing date in order to avoid primary nesting and the
potential impact of eliminating penalties for haying and
grazing after the primary nesting season. RMA shall report the
results of this study to the Committees no later than 180 days
after enactment of this Act.
The agreement recognizes that crop insurance is a vital
public-private partnership, however, additional education is
needed for farmers with clear, comparative, and easy to
understand information on the costs of selected crop insurance
policies, the producer premium, and the Federal premium
subsidy. The agreement directs the Secretary to work with crop
insurance providers and agents to ensure that all farmers have
access to that cost information on their policies in a
transparent and easy to understand manner.
The agreement notes that the Agriculture Improvement Act of
2018 (Public Law 115-334) directed the Board of Directors of
the Federal Crop Insurance Corporation to consider treating the
different growth stages of aquaculture species as separate
crops for the Whole Farm Diversified Risk Management Insurance
Plan. RMA is directed to submit a report to the Committees
regarding the steps taken by the Board to consider the
feasibility of this proposed change to recognize the difference
in perils at different phases of growth for aquaculture
species.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The agreement provides $832,727,000 for Natural Resources
Conservation Service (NRCS), Conservation Operations.
The agreement provides $9,488,000 for the Snow Survey and
Water Forecasting Program; $9,540,000 for the Plant Materials
Centers; $79,444,000 for the Soil Surveys Program, of which
$1,000,000 is for the ongoing Soil Health Initiative linking
soil health and crop cover management; and $734,255,000 for
Conservation Technical Assistance, of which $2,458,000 is for
the Farmers.gov Customer Experience Portal program.
The agreement provides $3,754,000 to maintain relevant soil
survey for all lands of the United States and territories,
including Federal and Tribal lands, and encourages NRCS to
consider including activities that study the impact grazing,
wildfire, recreation, invasive species, and carbon
sequestration have on the soil.
The agreement recognizes that improving soil health on
agricultural lands is key to achieving both meaningful
conservation and economic benefits for producers. The agreement
notes the strong stakeholder interest in the new on-farm
conservation innovation trials and the soil health
demonstration trial. The Secretary is encouraged to dedicate
more Conservation Technical Assistance to establish standard
protocols for measuring and testing carbon levels to evaluate
gains in soil health that will help producers to create
positive economic, environmental, and social outcomes through
ecosystem service markets. The agreement believes that
additional Conservation Technical Assistance should be provided
for healthy soil planning, soil carbon sequestration, and
conservation activity planning.
The agreement is concerned about soil quality near
watersheds such as the Great Lakes Basin, Salton Sea, Lake
Okeechobee, and the Chesapeake Bay. The agreement directs NRCS
to provide an analysis on the feasibility of evaluating
outcomes of watershed and cropland projects implemented through
the Conservation Effects Assessment Project. The analysis
should include cost, timeframe, and any gaps in data that would
prevent a thorough analysis.
The Secretary is encouraged to use mitigation with the
conversion of a natural wetland and equivalent wetlands
functions at a ratio which does not exceed 1-to-1 acreage.
The agreement directs NRCS to include the Mississippi River
Basin, the Chesapeake Bay Watershed, Western Waters,
Northeastern Forests and Waters, Prairie Grasslands, and
Longleaf Pine Range States as priority areas for Critical
Conservation Area funding under the Regional Conservation
Partnership Program. The agreement encourages NRCS to leverage
all possible resources to identify nutrient loss and reduce
runoff to achieve the goals of the 2015 Gulf Hypoxia Action
Plan. The agreement believes additional Conservation Technical
Assistance is warranted in these Critical Conservation Areas to
improve conservation planning capacity and achieve critical
conservation goals.
The agreement is concerned about the severe and prolonged
drought in the West and applauds the passage of the Colorado
River Basin Drought Contingency Plans. The agreement notes the
updates made by the Agriculture Improvement Act of 2018 to
address water conservation and drought mitigation, including
eligibility changes for water conservation and irrigation
efficiency practices. The agreement expects NRCS to utilize all
available opportunities to assist producers, states,
irrigators, irrigation districts, and acequias in implementing
area-wide plans and critical innovative drought resiliency and
mitigation efforts. In providing this assistance, the agreement
further expects NRCS to prioritize support for implementation
of Drought Contingency Plans, agreements, or programs that
conserve surface or ground water, improve drought resiliency,
and address current and anticipated conservation needs and
severe drought-related resource concerns.
The agreement notes that Section 2304(e) of Public Law 115-
334 allows acequias and land grant mercedes to apply directly
to the Environmental Quality Incentives Program (EQIP). The
agreement recognizes that there are hundreds of acequias and
dozens of land grants in New Mexico that can now gain direct
access to this important conservation program. The NRCS is
urged to develop EQIP guidance that ensures timely input from
local communities, including listening sessions with land
grants and acequias.
The agreement directs NRCS to provide a report on actions
it will take to eliminate program duplication as identified in
Inspector General reports.
WATERSHED AND FLOOD PREVENTION OPERATIONS
The agreement provides $175,000,000 for Watershed and Flood
Prevention Operations (WFPO).
The agreement directs the Secretary to provide greater
flexibility to State Conservationists to utilize technical
assistance dedicated for specific WFPO projects for
administration and planning statewide for all WFPO projects.
The agreement is concerned about ongoing delays with some
WFPO projects and the impact such delays have on local
communities, especially those aimed at supplying drinking water
to rural communities. Such delays can force undue costs on
local communities that must find alternative temporary sources
of water. The agreement urges the Secretary to address these
issues and complete projects in a timely manner. The Secretary
is encouraged to consider all costs related to the use of
alternative water sources resulting from delays in project
completion, as in-kind service eligible for credit as non-
Federal contribution. In addition, the agreement directs the
Secretary to report to the Committees on the status of all
federally funded WFPO projects throughout the States and
territories that remain unfinished or incomplete due to lack of
funds.
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 $15,000,000 for
Hazardous Waste Management.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
The agreement provides $812,000 for the Office of the Under
Secretary for Rural Development.
The agreement provides $635,000,000 to support the
ReConnect pilot program to increase access to broadband
connectivity in unserved rural communities, and directs the
Department to target grants and loans to areas of the country
with the largest broadband coverage gaps. These projects should
utilize technology that will maximize coverage of broadband
with the most benefit to taxpayers and the rural communities
served. The agreement notes stakeholder concerns that the
ReConnect pilot does not effectively recognize the unique
challenges and opportunities that different technologies,
including satellite, provide to delivering broadband in
noncontiguous States or mountainous terrain and is concerned
that providing preference to 100mbps symmetrical service
unfairly disadvantages these communities by limiting the
deployment of other technologies capable of providing service
to these areas. The ReConnect pilot is intended to be
technology neutral and the Secretary is encouraged to
reconsider awarding extra points to applicants from States
without restrictions on broadband delivery by utilities service
providers in order to ensure this criterion is not a
determining factor for funding awards.
In addition, the Department is reminded to avoid efforts
that could duplicate existing networks built by private
investment or those built leveraging and utilizing other
Federal programs and to coordinate with the National
Telecommunications Information Administration and the Federal
Communications Commission to ensure wherever possible that any
funding provided to support deployment of last-mile broadband
infrastructure is targeted to areas that are currently
unserved.
Further, the Department is encouraged to prioritize
projects financed through public-private partnerships and
projects where Federal funding will not exceed 50 percent of
the project's total cost.
The agreement also notes that in administering the
ReConnect pilot program established by section 779 of division
A of the Consolidated Appropriations Act, 2018 (Public Law 115-
141), the Secretary of Agriculture shall, for purposes of
determining entities eligible to receive assistance, allow
entities of any structure, including partnerships or
infrastructure applications, provided sufficient assurances are
given that broadband services will be provided to the subject
area through contractual arrangements. Additionally, the
Department shall permit awardees flexibility to satisfy the
terms of awards, including the deployment and operation of
broadband facilities, through affiliates or other third
parties, where doing so would facilitate completion of the
funded projects, provided that the Federal interest in the
funded facilities is adequately secured, whether through a
lien, a letter of credit, a right to recoup payments (in the
case of awardees the Secretary deems to be low-risk), or some
alternate security.
ReConnect funding for service areas where High-Cost USF
recipients under the CAF-II auction have buildout obligations
of 25/3 Mbps or greater for fixed terrestrial broadband can
only be requested by the entity that is receiving such USF
support. Project sponsors that receive USF support in those
areas may only apply for funds that serve those areas from the
100% loan funding category under the ReConnect Program. For
purposes of clarification, this limitation on eligibility shall
only apply to those areas (e.g., study areas or census blocks)
for which the USF CAF-II recipient is subject to a buildout
obligation of 25/3 Mbps or greater for fixed terrestrial
broadband.
The Secretary is encouraged to support efforts to increase
transparency and follow the notice and comment rulemaking
procedures of the Administrative Procedure Act (Public Law 79-
404) with respect to all program administration and activities,
including publishing a written decision on RUS' website of how
challenges were decided and the agency's reasons for such
decision.
The Agriculture Improvement Act of 2018 (Public Law 115-
334) included new authorities for rural broadband programs that
garnered broad stakeholder support as well as bipartisan,
bicameral agreement in Congress. Therefore, the Secretary is
directed to provide a report on how the Department plans to
utilize these authorities to deploy broadband connectivity to
rural communities.
The agreement encourages the Department to consider the
mission and scope of all program applicants, including
community colleges, hospitals and other regional public service
entities and their ability to effectively address rural
depopulation struggles. These entities are often located in
regional ``hub'' communities larger than the program population
limits, yet without these critical services many of the
surrounding smaller towns could not exist and prosper. The
agreement encourages the Secretary to make grants and loans
available to these institutions in order to serve rural areas.
The agreement provides $5,000,000 for the RISE grant
program enacted as part of the Agriculture Improvement Act of
2018 (Public Law 115-334). These grants have the potential to
help struggling communities by funding jobs accelerators in
low-income rural areas. The agreement recommends funding be
prioritized for entities leveraging next generation gigabit
broadband service to promote entrepreneurship and entities
based in geographical areas with established agriculture and
technology sectors which are focused on the development of
precision and autonomous agriculture technologies as a way to
strengthen rural economies and create jobs.
Rural Development
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $264,024,000 for Rural Development,
Salaries and Expenses. This amount includes $7,000,000 for
transitioning to a modern platform for Single Family Direct
Housing.
The agreement provides an increase of $2,000,000 for the
Placemaking Initiative to expand or enhance cooperative
agreements begun in fiscal year 2020. Awards should take
advantage of current or future highspeed broadband investments
from the Rural Utilities Service's ReConnect program. The three
main areas of Rural Development should support such efforts to
help create greater social and cultural vitality in these
livable rural communities.
The agreement remains concerned about IT systems within
Rural Development (RD) and still awaits the requested briefing
about the status of the Comprehensive Loan Program. The
agreement directs the Department to provide a comprehensive
report on how RD plans to modernize Rural Development's aging
technology systems, including a detailed cost breakdown for
each system, the priority level, and the estimated timeline for
completion within 120 days of enactment of this Act.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides a total subsidy of $492,274,000 for
activities under the Rural Housing Insurance Fund Program
Account.
The Committees still await the multi-family housing
preservation plan requested in S. Rept. 116-110 describing how
the Department intends to preserve all viable Section 514 and
515 properties in the portfolio and direct the Department to
submit this report immediately.
The agreement directs the Department to submit a report
regarding the status and initial outcomes of the Section 502
Tribal relending program in South Dakota, including program
structure, management, and general demographic information on
the loan recipients.
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................................................... $55,400
Housing repair (sec. 504).................................. 2,215
Rental housing (sec. 515).................................. 6,688
Farm labor housing (sec. 514).............................. 5,093
Site development loans (sec. 524).......................... 355
Self-help land development (sec. 523)...................... 269
Total, loan subsidies.................................... 70,020
------------
Farm labor housing grants.................................. 10,000
Total, loan subsidies and grants......................... 80,020
------------
Administrative expenses (transfer to RD)................... 412,254
Total, Loan subsidies, grants, and administrative $492,274
expenses..............................................
============
------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
The agreement provides $1,410,000,000 for the Rental
Assistance Program.
The Secretary is encouraged to prioritize multi-family
housing properties acquired by means of a section 515 loan
within the current fiscal year when determining current rental
assistance needs.
MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT
The agreement provides $68,000,000 for the Multi-Family
Housing Revitalization Program Account, including $40,000,000
to fully fund the rural housing voucher demand as estimated by
USDA.
The Secretary is directed to provide a report within 120
days of enactment of this Act to estimate the cost of providing
rural housing vouchers to all low-income households currently
receiving USDA rental assistance and residing in a property
financed with a Section 515 loan that are set to mature in the
subsequent fiscal year and subsequent 10 fiscal years. In
addition, the Secretary is directed to provide quarterly
reports to the Committees on transfers between vouchers and the
housing preservation demonstration program within the Multi-
Family Housing Revitalization Program Account.
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 $74,000,000 for the Rural Community
Facilities Program Account.
The agreement notes that the Agriculture Improvement Act of
2018 established a selection priority under Community
Facilities loans and grants for projects that combat substance
use disorder in rural America. The statutory priority
emphasizes prevention, treatment, and recovery, and the
agreement encourages the Department to fund these community-
based facilities. Additionally, the agreement recognizes that
rural communities are particularly vulnerable to the impacts of
natural disasters, including wildfires, tornadoes, floods,
landslides, and other extreme weather events and that these
communities often lack the resources necessary to prepare for
and respond to these occurrences. The agreement also encourages
the Secretary to consider projects that will enhance the
ability of rural communities to recover from or prepare for a
natural disaster.
The agreement directs USDA to provide a report on the
Community Facilities Direct and Guaranteed Loan Programs that
includes the number of approved and non-approved applications
for fiscal years 2017-2020 within the North American Industry
Classification System, and loan processing times with
strategies to make the loan review process more efficient. The
report shall be submitted within 180 days of enactment of this
Act.
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
Non-Conforming Subsidy................................... 25,000
Rural Community Development Initiative................... 6,000
Economic Impact Initiative............................... 6,000
Tribal college grants.................................... 5,000
Total, subsidy and grants.............................. $74,000
============
------------------------------------------------------------------------
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $56,400,000 for the Rural Business
Program Account.
The agreement recognizes that strong partnerships exist
between RD and Federal Regional Commissions and Authorities and
encourages RD to coordinate with the Regional Commissions to
promote efficiency during the grant planning and review
process. Additionally, the agreement encourages RD to ensure
flexible processes are available for each Regional Commission
as appropriate.
The agreement encourages USDA to partner with States and
other interested partners to build and refurbish food hub and
food distribution centers that serve rural farmers but may be
located in urban areas.
The agreement recognizes the dynamic nature of our rural
coastal economies that are often economically diminished by the
loss of natural resource-related jobs and have been the first
to feel the negative effects of a changing climate. As new
agriculture-related economic opportunities continue to present
themselves to these rural communities, such as value-added
seafood processing, the agreement encourages the use of Rural
Business Development Grants in rural coastal communities to
support innovation and job growth within all sectors,
particularly in the case of public-private partnerships and
cross-jurisdictional efforts.
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................... 10,400
Rural business development grants........................ 37,000
Delta Regional Authority/Appalachian Regional Commission/ 9,000
Northern Border Regional Commission.....................
Total, Rural Business Program subsidy and grants....... $56,400
============
------------------------------------------------------------------------
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $7,407,000 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................................ 2,939
Administrative expenses.................................. 4,468
Subtotal, subsidies and administrative expenses.......... $7,407
============
------------------------------------------------------------------------
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. Of the amounts made available, $3,000,000
is for Agriculture Innovation Centers, $12,000,000 is for the
Value-Added Producer Grant Program, and $2,800,000 is for the
Appropriate Technology Transfer for Rural Areas Program.
The agreement encourages funding for the Agriculture
Innovation Centers to prioritize previously-hosted USDA
Agriculture Innovation Centers where the State continues to
demonstrate support and provide non-Federal grant funding to
producers developing, producing, and marketing value-added
agricultural and food products. Prior year or current grant
awardees shall be eligible for these funds.
The agreement requests that the Department submit a report
within 90 days of enactment of this Act on implementation of
Section 6306 of the Agriculture Improvement Act of 2018 (Public
Law 115-334), including a projected timeline for full
implementation of this provision.
The agreement recognizes the importance of economic
development in rural communities and the unique challenges to
business growth in these areas. The agreement directs USDA to
evaluate the feasibility of awarding multi-year Rural Business
Development Grants and to report to Congress within 1 year of
enactment of this Act on the barriers to implementing such a
proposal.
The agreement directs that Value-Added Producer Grants be
prioritized to support the production of value-added
agricultural products referenced in S. Rept. 116-110 with
significant potential to expand production and processing in
the United States.
Rural Microentrepreneur Program
The agreement provides $6,000,000 for the Rural
Microentrepreneur Program.
RURAL ENERGY FOR AMERICA PROGRAM
The agreement provides $392,000 for the Rural Energy for
America Program.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $621,567,000 for the Rural Water and
Waste Disposal Program Account; including $68,000,000 for water
and waste disposal systems grants for Native Americans,
including Native Alaskans, and the Colonias. The agreement
recognizes the special needs and problems for delivery of basic
services to these populations and encourages the Secretary to
distribute these funds in line with the fiscal year 2014
distribution to the degree practicable.
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 loan subsidy................ - - -
Guaranteed loan subsidy............................ 60
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........ 35,000
Circuit Rider program.............................. 20,157
Solid waste management grants...................... 4,000
High energy cost grants............................ 10,000
Water and waste disposal grants.................... 463,350
306A(i)(2) grants.................................. 15,000
==================
Total, subsidies and grants...................... $621,567
------------------------------------------------------------------------
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $35,547,000 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.............................. 2,277
Total, loan authorizations........................... 6,940,000
------------------
Administrative expenses.............................. 33,270
Total, budget authority.......................... $35,547
==================
------------------------------------------------------------------------
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
The agreement provides $97,000,000 for the Distance
Learning, Telemedicine, and Broadband Program.
The agreement requests an update on the status of
implementation of the recommendations published in the
Government Accountability Office (GAO) report GAO-18-682 within
90 days of enactment of this Act.
States with challenging, mountainous terrain incur higher
costs when it comes to broadband deployment and the agreement
encourages the Secretary to factor this in when evaluating
Community Connect Program funding.
The following table indicates loan levels provided by the
agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Broadband telecommunications....................... $11,869
Total, loan authorization............................ 11,869
==================
Subsidy and grants:
Distance learning and telemedicine grants.......... 60,000
Broadband telecommunications program:.............. .................
Direct (treasury rate loans)....................... 2,000
Grants............................................. 35,000
Total, subsidies and grants...................... $97,000
==================
------------------------------------------------------------------------
TITLE IV DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
The agreement provides $809,000 for the Office of the Under
Secretary for Food, Nutrition, and Consumer Services.
The agreement directs USDA to determine ways to streamline
the application process for organizations participating in both
the Summer Food Service Program and the Child and Adult Care
Food Program to reduce the administrative burden for providers.
USDA is directed to consider allowing organizations in good
standing for 3 years participating in both programs to file
only one application to administer both programs each year and
to provide a report on steps taken to address this issue,
including any additional streamlining actions the agency would
recommend but lacks the authority to execute.
The agreement encourages the Secretary to incorporate and
utilize tribally-raised bison meat into Tribal food
distribution programs to address the health concerns of
American Indians.
The agreement strongly encourages FNS to continue to work
closely with relevant stakeholders in States with frontier
communities to support locally-designed initiatives to increase
food security, help communities adapt to changing growing
conditions, provide opportunities for economic development, and
develop capacity to grow more food locally. The agreement
directs FNS to collaborate with AMS in implementing Micro-
Grants for Food Security.
The agreement is concerned about the effects specific
changes in SNAP eligibility can have on children, seniors,
individuals with disabilities, and rural and poor communities.
The Secretary is encouraged to include these State-by-State
demographic profiles in the regulatory impact analysis for any
newly proposed or currently pending eligibility criteria
changes.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $25,118,440,000 for Child Nutrition
Programs, including $1,000,000 in Team Nutrition to help
schools meet the sodium reduction targets.
The agreement recognizes the highly nutritious value of
pulse crops for children and encourages FNS to support school
food authorities in sourcing and serving pulse crops to build
greater awareness of the number and variety of pulse crop
products and pulse ingredients available.
The agreement recognizes the benefits the Summer Electronic
Benefits Transfer (EBT) program has had on reducing childhood
hunger. The agreement provides an increase of $7,000,000 and
directs the Department to expand the program into new areas.
Further, the agreement directs the Secretary to also fund the
program in the same manner and same States and tribal
organizations as were funded in fiscal year 2020. The agreement
also encourages the Secretary to prioritize Summer EBT projects
through the SNAP model.
Since the scope of some Farm to School projects has
expanded in recent years, the agreement provides an increase of
$3,000,000 and has included language to allow maximum grant
amounts to increase to $500,000. Of the grant funds provided,
the agreement directs the Secretary to use $500,000 to form at
least one cooperative agreement with an established entity,
such as a regional Farm to School institute, for the creation
and dissemination of information on farm to school program
development and to provide practitioner education, training,
ongoing school year coaching, and technical assistance.
The agreement remains concerned with the practice of lunch
shaming and reminds the Secretary of the directive from fiscal
year 2020 to provide guidance to program operators to address
this ongoing issue. Such guidance should include identifying
approaches that protect children from public embarrassment,
encouraging all communications about unpaid school lunch fees
be directed to the parent or guardian, and encouraging schools
to take steps to ensure all students who qualify for free and
reduced meals are efficiently enrolled to receive them.
Of the $485,000,000 appropriated for Child Nutrition
Programs Entitlement Commodities under Section 714 of this Act,
$20,000,000 shall be proportionally offered to States based on
the number of breakfasts served in the preceding school year.
The agreement directs USDA to submit a report within one
year of enactment of this Act describing the number of Summer
Food Service Program grantees, the States in which they
operate, the innovative methods of food delivery by non-
congregate means and in non-congregate settings, the innovative
methods used, and the number of additional youth served as a
result.
The agreement provides the following for Child Nutrition
Programs:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program.................................... $13,539,797
School breakfast program................................ 5,039,086
Child and adult care food program....................... 4,015,116
Summer food service program............................. 551,944
Special milk program.................................... 7,309
State administrative expenses........................... 317,044
Commodity procurement................................... 1,460,769
Team Nutrition.......................................... 18,004
Food safety education................................... 2,988
Coordinated review...................................... 10,000
Computer support and processing......................... 19,366
CACFP training and technical assistance................. 34,214
Child Nutrition Program studies and evaluations......... 15,299
Child Nutrition payment accuracy........................ 11,427
Farm to school tactical team............................ 4,077
School meals equipment grants........................... 30,000
Summer EBT demonstration................................ 42,000
Total............................................... $25,118,440
===============
------------------------------------------------------------------------
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
The agreement provides $6,000,000,000 for the Special
Supplemental Food Program for Women, Infants, and Children,
which fully funds anticipated participation for fiscal year
2021. The agreement provides $90,000,000 for the breastfeeding
peer counselor program and $14,000,000 for infrastructure.
The agreement encourages USDA to collaborate with the
Department of Health and Human Services on the development of
uniform, evidence-based nutrition education materials in order
to best serve WIC-eligible pregnant women and caregivers to
infants impacted by Neonatal Abstinence Syndrome.
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. 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.
The agreement is aware that Federal law requires State
agencies administering WIC to keep a list of authorized WIC
wholesalers, distributors, retailers, and manufacturers and
requires that vendors only purchase infant formula from that
list of authorized suppliers. The agreement is concerned that
some State agencies may not adequately audit distributors and
retailers. Therefore, the agreement directs FNS to develop and
disseminate a best practices document for State agencies to
increase enforcement of the authorized supplier purchase
requirements.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
The agreement provides $114,035,578,000 for the
Supplemental Nutrition Assistance Program (SNAP).
The agreement encourages FNS, in collaboration with AMS, to
provide information to the FDPIR community on how tribal
vendors can sell foods to USDA for use in food distribution
programs. The Secretary is directed to notify the Committees of
the Department's efforts to engage tribes in the demonstration
program and tribal participation in fiscal year 2020. The
agreement further directs the Department to provide a report
detailing its plans to increase the amount and variety of
traditional foods included in FDPIR food baskets; its plans to
identify additional Native American and Alaska Native producers
of traditional foods, including wild salmon, caribou, reindeer,
elk, and other foods; and its plans to purchase additional
traditional foods from a greater number of indigenous producers
and businesses.
The agreement directs the Secretary to continue reviewing
and evaluating the verification process of earned income at
certification and recertification of applicant households for
the SNAP program using electronic data matching. The agreement
provides $5,000,000 for continued implementation of the
National Accuracy Clearinghouse (NAC) and strongly urges the
Department to move forward with the NAC to prevent duplicative
issuances of SNAP benefits and improve program integrity. The
agreement requests an update on the progress of the NAC within
60 days of enactment of this Act.
The agreement directs FNS to provide an update on the
implementation of controls to address the reconciliation of
data discrepancies across administration systems and retailers
that provide benefits to individuals using fraudulent
credentials, as well as data demonstrating whether the controls
have reduced error rates.
The Department is reminded that SNAP funding is not to be
used in contravention of section 107(b) of Division A of the
Victims of Trafficking and Violence Protection Act of 2000 (114
Stat. 1475; 22 U.S.C. 7105(b)).
The agreement provides the following for SNAP:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits............................................. $101,795,982
Contingency reserve.................................. 3,000,000
Administrative costs:
State administrative costs......................... 5,313,427
Nutrition Education and Obesity Prevention Grant 448,000
Program...........................................
Employment and Training............................ 625,778
Mandatory other program costs...................... 278,934
Discretionary other program costs.................. 998
Administrative subtotal.............................. 6,667,137
------------------
Nutrition Assistance for Puerto Rico (NAP)........... 2,037,976
American Samoa....................................... 8,185
Food Distribution Program on Indian Reservations..... 162,150
TEFAP commodities.................................... 342,000
Commonwealth of the Northern Mariana Islands......... 12,148
Community Food Projects.............................. 5,000
Program access....................................... 5,000
Subtotal............................................. 2,572,459
==================
Total............................................ $114,035,578
==================
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
The agreement provides $426,700,000 for the Commodity
Assistance Program.
The agreement provides $325,000,000 for the Commodity
Supplemental Food Program. The agreement also provides
$21,000,000 for the Farmers' Market Nutrition Program and
directs the Secretary to obligate these funds within 45 days of
enactment of this Act. The agreement maintains the fiscal year
2020 level of $79,630,000 for administrative funding for the
Emergency Food Assistance Program (TEFAP). The agreement
encourages the Secretary to identify opportunities for
increasing the supply of TEFAP commodities through bonus and
specialty crop purchases. The Department shall make available
to the States domestically produced catfish fillets for
distribution to local agencies.
NUTRITION PROGRAMS ADMINISTRATION
The agreement provides $156,805,000 for Nutrition Programs
Administration.
The agreement continues to be interested in the decision-
making process leading up to the development of the 2020
Dietary Guidelines for Americans. The agreement is especially
interested to know if USDA considered in their decision-making
the recommendations included in the National Academy of
Sciences, Engineering, and Medicine September 2017 report
entitled ``Redesigning the Process for Establishing the Dietary
Guidelines for Americans''. It is imperative that these
guidelines and future guidelines be based upon strong and
balanced science as well as focused on providing consumers with
dietary and nutritional information that will assist them in
eating a healthy and balanced diet. Section 796 describes the
requirements of a study to be conducted by the National Academy
of Sciences, Engineering, and Medicine within a year of
enactment of this Act. The agreement provides a one-time
increase of $1,000,000 for this review and corresponding
report.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
The agreement provides $887,000 for the Office of the Under
Secretary for Trade and Foreign Agricultural Affairs.
The agreement directs the Department to publish an annual
report describing the recipients of funds, including the
quantity and specific uses of such funding awards, granted
through the Market Access Program and the Foreign Market
Development Program for the purpose of promoting agricultural
sales, to ensure compliance with Section 3201 of Public Law
115-334.
The Secretary is directed to publish a report on the
nutrition outcomes achieved over the past 12 months by the
McGovern-Dole International Food for Education and Child
Nutrition Program and the Food for Peace Title II program. The
report should be publicly available and track progress towards
global targets on stunting, wasting, anemia, and breastfeeding.
Office of Codex Alimentarius
The agreement provides $4,805,000 for the Office of Codex
Alimentarius.
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $221,835,000 for the Foreign
Agricultural Service, Salaries and Expenses and a transfer of
$6,063,000.
The agreement provides increases of $1,540,000 for
International Cooperative Administrative Support Services,
$258,000 for Capital Security Cost Sharing, $2,500,000 for
locally employed staff, $727,000 for rightsizing, and
$1,297,000 for pay costs and retirement contributions. The
agreement also continues to fully fund the Borlaug Fellows
Program and the Cochran Fellowship Program.
The agreement notes that last year's H.Rpt. 116-107
directed USDA to provide a briefing on how USDA can maximize
its participation in the John Ogonowski and Doug Bereuter
Farmer-to-Farmer program (Farmer-to-Farmer). Due to the lack of
such information provided to the Committees, the agreement
directs USDA to provide a follow-up brief which would include a
list of recommendations for how to enhance its participation in
Farmer-to-Farmer, including a discussion of how Farmer-to-
Farmer can work collaboratively with other USDA-funded programs
such as 4-H, the Cooperative Extension System, the McGovern-
Dole International Food for Education and Child Nutrition
Program, and other government agencies such as U.S. Fish and
Wildlife Service.
The agreement is aware that the lack of comprehensive cold
food chain systems is one of the main causes of food loss and
results in a significant percentage of food spoilage from farm-
to-market. Preventing food loss and implementing a robust cold
food chain results in substantial benefits such as increased
nutrition, a safer food supply, greater economic opportunity,
increased resilience, and improved agricultural productivity.
The agreement encourages the Department to give strong
consideration to the use of cold chain technologies and include
the development of appropriate cooling technologies in
programs, policies, and strategic plans aimed at hunger
prevention and food security in developing agricultural
markets.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $112,000 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 Production and Conservation
Business Center, Salaries and Expenses''.
FOOD FOR PEACE TITLE II GRANTS
The agreement provides $1,740,000,000 for Food for Peace
Title II Grants.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
The agreement provides $230,000,000 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 AGENCY AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
The agreement provides $3,201,928,000 in discretionary
budget authority and $2,674,097,000 in definite user fees for a
total of $5,876,025,000 for Food and Drug Administration (FDA),
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 FDA to continue all programs,
projects, activities, and laboratories, as included in fiscal
year 2020 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 FDA.
The agreement provides a net increase of $42,250,000, of
which $22,000,000 is for medical product safety, $15,250,000 is
for food safety activities and $8,000,000 is for cross cutting
initiatives supporting both medical and food safety. The
agreement also assumes savings of $3,000,000 from the one-time,
fiscal year 2020 appropriation of $5,000,000 for the machine
learning pilot program.
Within the increases provided for medical product safety,
the agreement includes $9,000,000 for Transforming Medical
Device Safety, Cybersecurity, Review, and Innovation;
$5,000,000 for Modernizing Influenza Vaccines; $3,500,000 for
Foreign Unannounced Human Drug Inspection Pilots; $2,500,000
for Rare Cancer Therapeutics; and, $2,000,000 for Drug
Compounding.
Within the increases provided for food safety activities,
the agreement provides $5,000,000 for Regulatory Activities
Associated with Cannabis and Cannabis Derivatives; $6,000,000
for a Shrimp Import Inspection Pilot Program; $1,250,000 for
Allergen Labeling; $1,000,000 for Strengthening Foodborne
Outbreak Activities; $1,000,000 for Cosmetics; and, $1,000,000
for the National Antimicrobial Resistance Monitoring System.
Within the increases for Crosscutting, Agency-wide support
initiatives, the agreement provides $7,000,000 for Artificial
Intelligence activities, and $1,000,000 for the Office of the
Chief Counsel.
The agreement is concerned that the recent FDA Draft
Guidance for Industry on Voluntary Disclosure of Sesame is
insufficient to protect Americans with sesame allergy, and
directs FDA to consider further action to require sesame to be
labeled the same as other major allergens.
The agreement encourages FDA to work with the Type 1
diabetes community on the assessment of potential diabetes
biomarkers related to islet autoimmunity, which might help
inform the design of clinical studies.
As previously noted, the agreement provides $5,000,000 to
support regulatory activities, including developing policy, and
for FDA to continue to perform its existing regulatory
responsibilities, including review of product applications,
inspections, enforcement, and targeted research for cannabis-
derived substances, such as cannabidiol (CBD). To provide more
clarity to industry and the public, FDA is directed to work
with OMB on issuing policy guidance in a timely manner
regarding enforcement discretion. When appropriate, FDA is
encouraged to ensure that any future regulatory activity does
not discourage the development of new drugs. The agreement also
encourages FDA to partner with an academic institution to
expand sampling studies of CBD products currently on the
market.
The agreement is concerned about the proliferation of
products marketed using standards of identity for dairy
products that do not contain dairy ingredients. The agreement
directs FDA to provide clarity around the appropriate naming of
plant-based dairy alternatives and report to the Committees
within 90 days of enactment of this Act on steps taken to
enforce against such alternatives.
The agreement supports ongoing collaborations between the
medical product centers related to the development of
treatments for neurodegenerative diseases, including public
outreach efforts and the development of policy, guidance, and
educational training that is consistent across centers and
aligns policy guidance with agency actions. FDA is directed to
provide a briefing updating the Committees on efforts to date
and plans for future collaborations within the agency and with
external stakeholders to combat neurodegenerative diseases.
The agreement notes that imported human food continues to
have higher pesticide violation rates than domestically
produced food and directs FDA to continue to partner with State
inspection services and develop emerging technologies to
enhance the imported food sampling efforts. Additionally, the
agreement encourages FDA to work with partners such as the U.S.
International Trade Commission to conduct a multi-year data
review to better identify imported food samples that are more
likely to have pesticide violations to assess whether giving
special attention to certain imported products with
significantly higher rates of violations compared to domestic
products would change the planning of the pesticide sampling
plan for future years.
The agreement remains concerned about potential consumer
confusion over FDA nutritional labeling requirements and
guidelines for added sugar for single ingredient products like
maple syrup and honey, where sugar is naturally occurring in
the product rather than added to the product. The agreement
notes that FDA issued guidance to the industry on June 18,
2019, to verify that the phrase ``added sugar'' is not required
in the regulated portion of the nutrition facts label for these
products. This guidance instructed producers that the percent
daily value would be required to appear on the label and
allowed for the voluntary use of a footnote to explain that
this refers to a percent daily value of ``added sugar.'' The
agreement is concerned that continued use of the term ``added
sugar'' in relation to percent daily value will mislead
consumers to think that sugar has been added to a pure single-
ingredient maple or honey product. Not later than 60 days after
the enactment of this Act, the Commissioner shall submit to the
Committees a report updating FDA's June 18, 2019, guidance to
the industry regarding the ``Declaration of Added Sugars on
Honey, Maple Syrup, Other Single-Ingredient Sugars and Syrups,
and Certain Cranberry Products''. The report shall include
multiple examples of factual and non-misleading statements
describing the applicable percent daily value of sugar added to
one's diet that can be used by producers and processors of
honey, maple syrup, other single-ingredient sugars and syrups,
and certain cranberry products as optional explanatory
statements to inform consumers of the meaning of this component
of the nutrition facts panel.
The agreement is aware of the important contribution of the
FDA Center for Food Safety and Applied Nutrition Centers of
Excellence (COEs) program in supporting critical basic research
as well as facilitating Food Safety Modernization Act (FSMA)
implementation. The agreement encourages FDA to continue to
fully utilize the COE's.
The agreement notes the challenges associated with the
approval of complex generics and directs FDA to provide an
update on the agency's effort to expedite the approval of these
products.
The agreement directs FDA to provide a briefing on the
development of the 503B Bulks List and regulation of devices
intended for corneal crosslinking procedures.
The agreement directs FDA to continue working with small
farms to clarify requirements for FSMA compliance. The
agreement urges FDA to provide guidance, offer technical
assistance, and provide other resources to assist small farms
with compliance.
The agreement is aware that some States that have entered
into cooperative agreements under the State Produce
Implementation Cooperative Agreement Program are considering
changing the State agency responsible for implementing these
agreements. FDA is directed to work with any State that
designates a new implementing agency to ensure it can continue
to receive funding under existing cooperative agreements
without delay or loss of funding.
The agreement encourages FDA to work diligently to include
no less than two members with an expertise in the indication
the drug is intended to treat or other relevant rare diseases
on each Advisory Committee when that Committee is reviewing a
drug that has been designated as an Orphan Drug, and report the
percentage of recommendations made by Advisory Committees with
respect to orphan drugs that include at least two members with
expertise in the indication the drug is intended to treat or
other relevant rare diseases.
The agreement encourages FDA to work with glass packaging
suppliers and pharmaceutical manufacturers to evaluate and
promote streamlined approval requirements designed to expedite
the adoption and use of innovative glass packaging technologies
with the capacity to improve product quality, reduce product
recalls, reduce drug shortages, and protect public health. Such
streamlined approval requirements should address stability
testing and other relevant types of data to be submitted in
support of product approval.
The agreement recognizes the increased capabilities that
FDA has developed to study environment, health, and safety of
nanomaterials within FDA's Jefferson Laboratory Campus,
including the National Center for Toxicological Research, and
its consolidated headquarters at White Oak, Maryland, and
expects FDA to continue to support collaborative research with
universities and industry on the toxicology of nanotechnology
products and processes in accordance with the National
Nanotechnology Initiative Environment, Health, and Safety
Research Strategy, as updated in October 2011.
The agreement remains deeply concerned about the opioid
epidemic that has taken the lives of thousands of Americans and
continues to support FDA's investments into International Mail
Facilities to stop drugs from entering the United States. The
agreement directs FDA to comply with Section 3001 of the
SUPPORT Act (Public Law 115-271). The agreement continues to
direct FDA to refer any drug application for an opioid to an
advisory committee for their recommendations prior to approval,
unless FDA finds that holding such committee is not in the
interest of protecting and promoting public health. The
agreement also directs FDA to comply with Section 3032 of the
SUPPORT Act and encourages the agency to continue to monitor
the effectiveness of existing Opioid Analgesic Risk Evaluation
and Mitigations Strategy to determine whether further
modifications are necessary.
The agreement notes that FDA is implementing policies to
promote public access to information about how patient
experience information is factored into the review of approved
products, and encourages FDA to continue refining the
instrument and ways to improve its visibility and requests an
update on the status of such efforts. FDA is expected to
provide an update on its efforts to include patient-experience
information in relevant labeling and accompanying documentation
to inform patient/provider decision-making.
FDA is directed to provide an update on the investigation
it is undertaking regarding canine dilated cardiomyopathy (DCM)
and the manner in which it has released information to the
public. The update shall include: the case definition FDA uses
to include or exclude cases and the scientific work ongoing at
the agency and with collaborating partners for identifying a
causation of DCM; how FDA distinguishes cases of DCM due to
genetic predisposition in certain breeds; how the agency plans
to work with pet food companies and the veterinary cardiology
community during the investigation; and the timing and nature
of any future public reporting.
The agreement is aware of concerns with the ongoing
presence of PFAS chemicals in food packaging entering the
stream of commerce. The agreement directs FDA to review any new
scientific information pertaining to PFAS chemicals and
determine whether food packaging continues to meet the safety
standards of a reasonable certainty of no harm under intended
conditions of use.
The routine usage of five or more prescription medications
within the same period is becoming increasingly prevalent among
older adults, elevating risk factors for drug-drug interactions
and adverse events. Therefore the agreement encourages FDA to
assess potential impacts of polypharmacy.
The agreement supports the agency's work to promote the
domestic manufacturing of drug and biological products and
encourages FDA to increase its effort to encourage the
pharmaceutical industry to adopt advanced manufacturing
technologies. The agreement directs FDA to brief the
Committees, within 90 days of enactment, on its efforts to
promote advanced manufacturing technologies.
The agreement directs FDA to submit a financial report to
the Committees within 120 days of enactment of this Act, to be
made publicly available online, with respect to tobacco product
user fees and their use to fund programs and activities related
to regulating tobacco products within FDA.
The agreement encourages FDA to continue to invest in the
science base for regulatory decisions on botanical dietary
supplements.
The agreement encourages FDA to continue to develop the
necessary policy to advance the use of Decentralized Trials
while still maintaining quality data necessary for FDA
approval.
The agreement recommends FDA coordinate with Customs and
Border Protection's honey import testing program to detect
economically motivated adulteration in imported honey and take
appropriate enforcement actions, which may include the issuance
of import alerts if appropriate. The agreement further
recommends that FDA consult with domestic honey producers on
its testing program and provide a report on its progress on
economically motivated adulteration testing of honey imports
not later than September 30, 2021.
The SUPPORT Act (Public Law 115-271) granted FDA new
authority to require special packaging for opioids and other
drugs that pose a risk of abuse or overdose. The agreement
acknowledges FDA's request for information on requiring fixed-
quantity blister packaging for certain opioids and urges the
agency to finalize this requirement to promote safe opioid
handling and reduce the risk of unintentional ingestion.
The agreement encourages FDA to continue to work with
partners to use Real World Evidence (RWE) to help evaluate
vaccine safety and effectiveness in the post-market setting and
to further consider how RWE can be included in product labels
and promotional materials.
The agreement urges FDA to complete the single laboratory
validation of the liquid chromatography mass spectrometry-based
(LC-MS) method for detecting brevetoxins association with
neurotoxic shellfish poisoning in molluscan shellfish, and
encourages the agency to work with the Interstate Shellfish
Sanitation Conference to adopt FDA's proposal for the LC-MS
method for brevetoxin testing of shellfish as an Approved
Method under the National Shellfish Sanitation Program.
The agreement is aware of the public health challenge
related to the naturally occurring bacteria called Vibrio
parahaemolyticus. The agreement encourages FDA to focus
resources into Vibrio illnesses associated with the consumption
of raw molluscan shellfish, improve risk assessment models, and
develop improved rapid detection methods for virulent Vibrio
strains.
FDA's growing staff will require the General Services
Administration (GSA) to lease additional office locations until
GSA can implement the 2018 Federal Research Master Plan for the
White Oak Campus. FDA and GSA should consider the effect of
local travel on staff productivity, adjacency to existing FDA
locations, and the cost of lost productivity when evaluating
the costs of lease proposals.
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................................................. $1,099,160
Center for Food Safety and Applied Nutrition.......... 343,789
Field Activities.................................... 755,371
Human Drugs........................................... 689,195
Center for Drug Evaluation and Research............... 510,226
Field Activities.................................... 178,969
Biologics............................................. 254,138
Center for Biologics Evaluation and Research.......... 212,132
Field Activities.................................... 42,006
Animal Drugs and Feeds................................ 192,369
Center for Veterinary Medicine........................ 123,599
Field Activities.................................... 68,770
Devices and Radiological Products..................... 408,108
Center for Devices and Radiological Health............ 323,103
Field Activities.................................... 85,005
National Center for Toxicological Research.............. 66,712
Other Activities/Office of the Commissioner............. 194,951
White Oak Consolidation................................. 45,914
Other Rent and Rent Related Activities.................. 84,262
GSA Rent................................................ 167,119
Subtotal, Budget Authority.............................. 3,201,928
---------------
User Fees:
Prescription Drug User Fee Act.......................... 1,107,199
Medical Device User Fee and Modernization Act........... 236,059
Human Generic Drug User Fee Act......................... 520,208
Biosimilar User Fee Act................................. 42,494
Animal Drug User Fee Act................................ 33,340
Animal Generic Drug User Fee Act........................ 22,797
Tobacco Product User Fees............................... 712,000
Subtotal, User Fees..................................... 2,674,097
---------------
Total, FDA Program Level............................ $5,876,025
===============
------------------------------------------------------------------------
BUILDINGS AND FACILITIES
The agreement provides $12,788,000 for the Food and Drug
Administration Buildings and Facilities.
The agreement notes that several FDA-owned facilities need
significant renovations and repairs and that FDA assesses the
condition of all owned facilities by updating its Backlog of
Maintenance and Repair. FDA is directed to annually provide a
prioritized list of projects to improve the condition of FDA-
owned facilities that have renovation and repair needs. FDA is
further directed to annually provide a prioritized list of
projects to implement the Jefferson Labs Complex Master Plan
(MP), and upon its completion, to annually provide a
prioritized list of projects to implement the MP for the
Muirkirk Road location.
FDA Innovation Account, Cures Act
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $70,000,000 for FDA as authorized in
the 21st Century Cures Act.
INDEPENDENT AGENCY
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes a limitation of $80,400,000 on
administrative expenses of the Farm Credit Administration
(FCA).
The agreement notes concern with the FCA final rule on
eligibility criteria for outside directors. The rule could
adversely impact rural institutions as well as those already
serving in outside director positions. The agreement encourages
FCA to pause to take all comments into consideration since the
rule was initially approved by the Board of Directors and to
address these concerns.
The agreement recognizes the growing interest for U.S. hemp
and hemp-based products for a variety of uses and directs FCA
to work with the institutions under its jurisdiction to provide
access to guaranteed loans for hemp producers and businesses.
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 loan 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 requiring spend
plans.
Section 722.--The bill includes language regarding
nutrition programs.
Section 723.--The bill includes language regarding Rural
Development programs.
Section 724.--The bill includes language regarding USDA
loan program levels.
Section 725.--The bill includes language regarding credit
card refunds and rebates.
Section 726.--The bill includes language regarding the
definition of the term ``variety'' in SNAP.
Section 727.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
programs.
Section 728.--The bill includes language regarding
electronically available information for prescribing healthcare
professionals.
Section 729.--The bill includes language regarding FDA
regulations with respect to spent grains.
Section 730.--The bill includes funding for the Rural
Energy Savings Program.
Section 731.--The bill includes language regarding country
or regional audits.
Section 732.--The bill includes language related to Rural
Development Programs.
Section 733.--The bill includes language related to the
Animal Welfare Act.
Section 734.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater systems.
Section 735.--The bill includes language regarding
lobbying.
Section 736.--The bill includes language related to
persistent poverty counties.
Section 737.--The bill provides funding for the Farm to
School program.
Section 738.--The bill provides funding for the Healthy
Foods Financing Initiative.
Section 739.--The bill provides funding for activities
related to citrus greening.
Section 740.--The bill includes language related to
investigational use of drugs or biological products.
Section 741.--The bill includes language related to the
growing, harvesting, packing and holding of certain produce.
Section 742.--The bill provides funding for grants to
enhance farming and ranching opportunities for military
veterans.
Section 743.--The bill includes language related to the
school breakfast program.
Section 744.--The bill includes language regarding hemp.
Section 745.--The bill includes language related to Food
and Drug Administration advice about eating fish.
Section 746.--The bill provides funding for grants under
section 12502 of Public Law 115-334.
Section 747.--The bill provides funding to carry out
section 1621 of Public Law 110-246.
Section 748.--The bill provides funding to carry out
section 4003(b) of Public Law 115-334.
Section 749.--The bill provides funding for the Water Bank
program.
Section 750.--The bill includes language related to Rural
Economic Area Partnership Zones.
Section 751.--The bill provides funding to carry out
section 3307 of Public Law 115-334.
Section 752.--The bill includes language related to
matching fund requirements.
Section 753.--The bill provides funding for a pilot program
related to multi-family housing borrowers.
Section 754.--The bill provides funding to carry out
section 12302 of Public Law 115-334.
Section 755.--The bill provides funding to carry out
section 4208 of Public Law 115-334.
Section 756.--The bill provides funding to carry out
section 12301 of Public Law 115-334.
Section 757.--The bill provides funding to carry out
section 7120 of Public Law 115-334.
Section 758.--The bill provides funding to carry out
section 7208 of Public Law 115-334.
Section 759.--The bill includes language related to potable
water.
Section 760.--The bill provides funding to carry out
section 4206 of Public Law 115-334.
Section 761.--The bill includes language regarding Food for
Peace.
Section 762.--The bill includes language regarding
facilities inspections.
Section 763.--The bill provides funding to carry out
section 2103 of Public Law 115-334.
Section 764.--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 765.--The bill includes funding for a seafood
study.
Section 766.--The bill includes funding to support
agricultural business innovation.
Section 767.--The bill includes language related to certain
school food lunch prices.
Section 768.--The bill provides funding to carry out
section 6424 of Public Law 115-334.
Section 769.--The bill provides funding for Centers of
Excellence.
Section 770.--The bill provides funding for rural hospital
technical assistance.
Section 771.--The bill provides funding for a pilot program
for wastewater systems in historically impoverished areas.
Section 772.--The bill includes language regarding animal
contingency plans.
Section 773.--The bill provides funding to carry out
section 23 of the Child Nutrition Act of 1966.
Section 774.--The bill includes language related to
biotechnology risk assessment research.
Section 775.--The bill provides funding for rural
broadband.
Section 776.--The bill provides funding to carry out
section 12504 of Public Law 115-334.
Section 777.--The bill provides funding to carry out
section 7209 of Public Law 115-334.
Section 778.--The bill includes language related to
genetically engineered salmon.
Section 779.--The bill includes funding for open data
standards.
Section 780.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 781.--The bill includes funding related to
renewable energy.
Section 782.--The bill includes language extending the hemp
pilot program.
Section 783.--The bill includes language changing the due
date of a study.
Section 784.--The bill includes language related to the
ReConnect program.
Section 785.--The bill includes funding for Child Nutrition
Program training.
Section 786.--The bill includes language related to the
Agriculture Conservation Experiences Services Program.
Section 787.--The bill includes language related to
imported seafood.
Section 788.--The bill includes funding related to a
working group.
Section 789.--The bill includes language related to school
meals.
Section 790.--The bill includes language related to
inspected foreign products.
Section 791.--The bill includes language related to the
ReConnect program.
Section 792.--The bill includes funding for the Goodfellow
Federal facility.
Section 793.--The bill includes language related to
broadband funding.
Section 794.--The bill includes language related to the
Community Facilities program.
Section 795.--The bill includes language related to the
Federal Meat Inspection Act.
Section 796.--The bill includes language related to a
National Academies of Sciences, Engineering, and Medicine
report.
Section 797.--The bill includes funding for a pilot
program.
Section 798.--The bill includes funding for a blue-ribbon
panel.
Section 799.--The bill includes funding for a competitive
research and education grant.
Section 799A.--The bill provides funding to carry out
section 12513 of Public Law 115-334.
Section 799B.--The bill includes language regarding user
fees.
Section 799C.--The bill includes language regarding
disaster programs.
Section 799D.--The bill includes emergency funding for
Agriculture Quarantine and Inspection Services.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
=======================================================================
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, to carry out
activities associated with facilitating, attracting, and
retaining business investment in the United States, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard to
sections 3702 and 3703 of title 44, United States Code; full
medical coverage for dependent members of immediate families of
employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the
International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States
Code; employment of citizens of the United States and aliens by
contract for services; rental of space abroad for periods not
exceeding 10 years, and expenses of alteration, repair, or
improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; payment of tort claims,
in the manner authorized in the first paragraph of section 2672
of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official
representation expenses abroad; purchase of passenger motor
vehicles for official use abroad, not to exceed $45,000 per
vehicle; obtaining insurance on official motor vehicles; and
rental of tie lines, $541,000,000, of which $70,000,000 shall
remain available until September 30, 2022: Provided, That
$11,000,000 is to be derived from fees to be retained and used
by the International Trade Administration, notwithstanding
section 3302 of title 31, United States Code: Provided
further, That, of amounts provided under this heading, not less
than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities:
Provided further, That the provisions of the first sentence of
section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cultural
Exchange Act of 1961 shall include payment for assessments for
services provided as part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including
costs associated with the performance of export administration
field activities both domestically and abroad; full medical
coverage for dependent members of immediate families of
employees stationed overseas; employment of citizens of the
United States and aliens by contract for services abroad;
payment of tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28, United States Code, when
such claims arise in foreign countries; not to exceed $13,500
for official representation expenses abroad; awards of
compensation to informers under the Export Control Reform Act
of 2018 (subtitle B of title XVII of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019; Public
Law 115-232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as
authorized by section 1(b) of the Act of June 15, 1917 (40
Stat. 223; 22 U.S.C. 401(b)); and purchase of passenger motor
vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for
purchase without regard to any price limitation otherwise
established by law, $133,000,000, to remain available until
expended: Provided, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions
collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the
cost of such activities, and for providing information to the
public with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by
the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by
sections 27 and 28 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722 and 3723), as amended,
$305,500,000 to remain available until expended, of which
$38,000,000 shall be for grants under such section 27 and
$2,000,000 shall be for grants under such section 28:
Provided, That any deviation from the amounts designated for
specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), or any use of deobligated balances of funds
provided under this heading in previous years, shall be subject
to the procedures set forth in section 505 of this Act.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$40,500,000: Provided, That funds provided under this heading
may be used to monitor projects approved pursuant to title I of
the Public Works Employment Act of 1976; title II of the Trade
Act of 1974; sections 27 and 28 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722 and 3723), as
amended; and the Community Emergency Drought Relief Act of
1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprises, including expenses of grants, contracts, and other
agreements with public or private organizations, $48,000,000,
of which not more than $16,000,000 shall be available for
overhead expenses, including salaries and expenses, rent,
utilities, and information technology services.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$111,855,000, to remain available until September 30, 2022.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$288,403,000: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing
activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics for periodic censuses and
programs provided for by law, $818,241,000, to remain available
until September 30, 2022: Provided, That, from amounts
provided herein, funds may be used for promotion, outreach, and
marketing activities: Provided further, That within the
amounts appropriated, $3,556,000 shall be transferred to the
``Office of Inspector General'' account for activities
associated with carrying out investigations and audits related
to the Bureau of the Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $45,500,000, to remain available until September 30,
2022: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and
related services, and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to
remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until their
expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including defense
of suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO,
$3,695,295,000, to remain available until expended: Provided,
That the sum herein appropriated from the general fund shall be
reduced as offsetting collections of fees and surcharges
assessed and collected by the USPTO under any law are received
during fiscal year 2021, so as to result in a fiscal year 2021
appropriation from the general fund estimated at $0: Provided
further, That during fiscal year 2021, should the total amount
of such offsetting collections be less than $3,695,295,000,
this amount shall be reduced accordingly: Provided further,
That any amount received in excess of $3,695,295,000 in fiscal
year 2021 and deposited in the Patent and Trademark Fee Reserve
Fund shall remain available until expended: Provided further,
That the Director of USPTO shall submit a spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the preceding
proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States
Patent and Trademark Office ``Salaries and Expenses'' account:
Provided further, That the budget of the President submitted
for fiscal year 2022 under section 1105 of title 31, United
States Code, shall include within amounts provided under this
heading for necessary expenses of the USPTO any increases that
are expected to result from an increase promulgated through
rule or regulation in offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law in
either fiscal year 2021 or fiscal year 2022: Provided further,
That from amounts provided herein, not to exceed $13,500 shall
be made available in fiscal year 2021 for official reception
and representation expenses: Provided further, That in fiscal
year 2021 from the amounts made available for ``Salaries and
Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by
the USPTO and employees under section 8334(a) of title 5,
United States Code, and the normal cost percentage (as defined
by section 8331(17) of that title) as provided by the Office of
Personnel Management (OPM) for USPTO's specific use, of basic
pay, of employees subject to subchapter III of chapter 83 of
that title, and (2) the present value of the otherwise unfunded
accruing costs, as determined by OPM for USPTO's specific use
of post-retirement life insurance and post-retirement health
benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees
Group Life Insurance (FEGLI), shall be transferred to the Civil
Service Retirement and Disability Fund, the FEGLI Fund, and the
Employees FEHB Fund, as appropriate, and shall be available for
the authorized purposes of those accounts: Provided further,
That any differences between the present value factors
published in OPM's yearly 300 series benefit letters and the
factors that OPM provides for USPTO's specific use shall be
recognized as an imputed cost on USPTO's financial statements,
where applicable: Provided further, That, notwithstanding any
other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to
section 42(c) of title 35, United States Code, as amended by
section 22 of the Leahy-Smith America Invents Act (Public Law
112-29): Provided further, That within the amounts
appropriated, $2,000,000 shall be transferred to the ``Office
of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards
and Technology (NIST), $788,000,000, to remain available until
expended, of which not to exceed $9,000,000 may be transferred
to the ``Working Capital Fund'': Provided, That not to exceed
$5,000 shall be for official reception and representation
expenses: Provided further, That NIST may provide local
transportation for summer undergraduate research fellowship
program participants.
industrial technology services
For necessary expenses for industrial technology services,
$166,500,000, to remain available until expended, of which
$150,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $16,500,000 shall be for the
Manufacturing USA Program (formerly known as the National
Network for Manufacturing Innovation).
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for
the National Institute of Standards and Technology, as
authorized by sections 13 through 15 of the National Institute
of Standards and Technology Act (15 U.S.C. 278c-278e),
$80,000,000, to remain available until expended: Provided,
That the Secretary of Commerce shall include in the budget
justification materials for fiscal year 2022 that the Secretary
submits to Congress in support of the Department of Commerce
budget (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) an estimate
for each National Institute of Standards and Technology
construction project having a total multi-year program cost of
more than $5,000,000, and simultaneously the budget
justification materials shall include an estimate of the
budgetary requirements for each such project for each of the 5
subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels; pilot
programs for State-led fisheries management, notwithstanding
any other provision of law; grants, contracts, or other
payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities, $3,840,300,000, to remain available
until September 30, 2022: Provided, That fees and donations
received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the
salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That in addition, $246,171,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program; Fisheries
Data Collections, Surveys, and Assessments; Fisheries
Management Programs and Services; and Interjurisdictional
Fisheries Grants: Provided further, That not to exceed
$66,389,000 shall be for payment to the ``Department of
Commerce Working Capital Fund'': Provided further, That of the
$4,103,971,000 provided for in direct obligations under this
heading, $3,840,300,000 is appropriated from the general fund,
$246,171,000 is provided by transfer, and $17,500,000 is
derived from recoveries of prior year obligations: Provided
further, That any deviation from the amounts designated for
specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), or any use of deobligated balances of funds
provided under this heading in previous years, shall be subject
to the procedures set forth in section 505 of this Act:
Provided further, That in addition, for necessary retired pay
expenses under the Retired Serviceman's Family Protection and
Survivor Benefits Plan, and for payments for the medical care
of retired personnel and their dependents under the Dependents'
Medical Care Act (10 U.S.C. ch. 55), such sums as may be
necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,532,558,000, to remain available until September 30, 2023,
except that funds provided for acquisition and construction of
vessels and aircraft, and construction of facilities shall
remain available until expended: Provided, That of the
$1,545,558,000 provided for in direct obligations under this
heading, $1,532,558,000 is appropriated from the general fund
and $13,000,000 is provided from recoveries of prior year
obligations: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated
balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section
505 of this Act: Provided further, That the Secretary of
Commerce shall include in budget justification materials for
fiscal year 2022 that the Secretary submits to Congress in
support of the Department of Commerce budget (as submitted with
the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or
construction project having a total of more than $5,000,000 and
simultaneously the budget justification shall include an
estimate of the budgetary requirements for each such project
for each of the 5 subsequent fiscal years: Provided further,
That, within the amounts appropriated, $2,000,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and
audits related to satellite procurement, acquisition and
construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2022: Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants to
the States of Washington, Oregon, Idaho, Nevada, California,
and Alaska, and to the federally recognized Tribes of the
Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead
populations that are listed as threatened or endangered, or
that are identified by a State as at-risk to be so listed, for
maintaining populations necessary for exercise of Tribal treaty
fishing rights or native subsistence fishing, or for
conservation of Pacific coastal salmon and steelhead habitat,
based on guidelines to be developed by the Secretary of
Commerce: Provided further, That all funds shall be allocated
based on scientific and other merit principles and shall not be
available for marketing activities: Provided further, That
funds disbursed to States shall be subject to a matching
requirement of funds or documented in-kind contributions of at
least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-
372, not to exceed $349,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2021, obligations of direct loans may
not exceed $24,000,000 for Individual Fishing Quota loans and
not to exceed $100,000,000 for traditional direct loans as
authorized by the Merchant Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed $4,500
for official reception and representation, $73,000,000:
Provided, That no employee of the Department of Commerce may be
detailed or assigned from a bureau or office funded by this Act
or any other Act to offices within the Office of the Secretary
of the Department of Commerce for more than 90 days in a fiscal
year unless the individual's employing bureau or office is
fully reimbursed for the salary and expenses of the employee
for the entire period of assignment using funds provided under
this heading. Provided further, That amounts made available to
the Department of Commerce in this or any prior Act may not be
transferred pursuant to section 508 of this or any prior Act to
the account funded under this heading, except in the case of
extraordinary circumstances that threaten life or property.
renovation and modernization
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,123,000.
nonrecurring expenses fund
For necessary expenses for a business application system
modernization, $20,000,000, to remain available until September
30, 2023: Provided, That any unobligated balances of expired
discretionary funds transferred to the Department of Commerce
Nonrecurring Expenses Fund, as authorized by section 111 of
title I of division B of Public Law 116U93, may be obligated
only after the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of the planned use of funds.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $34,000,000: Provided, That
notwithstanding section 6413 of the Middle Class Tax Relief and
Job Creation Act of 2012 (Public Law 112-96), an additional
$2,000,000, to remain available until expended, shall be
derived from the Public Safety Trust Fund for activities
associated with carrying out investigations and audits related
to the First Responder Network Authority (FirstNet).
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided for
in this Act or any other law appropriating funds for the
Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2012 (Public Law 112-55), as amended by section 105 of
title I of division B of Public Law 113-6, are hereby adopted
by reference and made applicable with respect to fiscal year
2021: Provided, That the life cycle cost for the Joint Polar
Satellite System is $11,322,125,000, the life cycle cost of the
Polar Follow On Program is $6,837,900,000, the life cycle cost
for the Geostationary Operational Environmental Satellite R-
Series Program is $11,700,100,000, and the life cycle cost for
the Space Weather Follow On Program is $692,800,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not
limited to utilities, telecommunications, and security
services) necessary to support the operation, maintenance, and
improvement of space that persons, firms, or organizations are
authorized, pursuant to the Public Buildings Cooperative Use
Act of 1976 or other authority, to use or occupy in the Herbert
C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been
delegated to the Secretary from the Administrator of General
Services pursuant to the Federal Property and Administrative
Services Act of 1949 on a reimbursable or non-reimbursable
basis. Amounts received as reimbursement for services provided
under this section or the authority under which the use or
occupancy of the space is authorized, up to $200,000, shall be
credited to the appropriation or fund which initially bears the
costs of such services.
Sec. 106. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over its
networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian Tribal government, Territory, or possession,
or of any political subdivision thereof, or of any foreign
government or international organization, for purposes related
to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric
Administration.
Sec. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has
provided information to the customer on how an electronic copy
of such report or document may be accessed and downloaded for
free online. Should a customer still require the Service to
provide a printed or digital copy of the report or document,
the charge shall be limited to recovering the Service's cost of
processing, reproducing, and delivering such report or
document.
Sec. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the
Administrator of NOAA is authorized to: (1) enter into grants
and cooperative agreements with; (2) use on a non-reimbursable
basis land, services, equipment, personnel, and facilities
provided by; and (3) receive and expend funds made available on
a consensual basis from: a Federal agency, State or subdivision
thereof, local government, Tribal government, Territory, or
possession or any subdivisions thereof: Provided, That funds
received for permitting and related regulatory activities
pursuant to this section shall be deposited under the heading
``National Oceanic and Atmospheric Administration--Operations,
Research, and Facilities'' and shall remain available until
September 30, 2022, for such purposes: Provided further, That
all funds within this section and their corresponding uses are
subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for
necessary expenses of the programs of the Economics and
Statistics Administration of the Department of Commerce,
including amounts provided for programs of the Bureau of
Economic Analysis and the Bureau of the Census, shall be
available for expenses of cooperative agreements with
appropriate entities, including any Federal, State, or local
governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities
which further the purposes for which such amounts have been
made available.
Sec. 111. Amounts provided by this Act for the Hollings
Manufacturing Extension Partnership under the heading
``National Institute of Standards and Technology--Industrial
Technology Services'' shall not be subject to cost share
requirements under 15 U.S.C. 278k(e)(2): Provided, That the
authority made available pursuant to this section shall be
elective for any Manufacturing Extension Partnership Center
that also receives funding from a State that is conditioned
upon the application of a Federal cost sharing requirement.
Sec. 112. The Secretary of Commerce, or the designee of the
Secretary, may waive the matching requirements under sections
306 and 306A, and the cost sharing requirements under section
315, of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455, 1455a, and 1461) as necessary for amounts made available
under this Act under the heading ``Operations, Research, and
Facilities'' under the heading ``National Oceanic and
Atmospheric Administration''.
Sec. 113. Of unobligated balances of amounts provided to the
Bureau of the Census under this or any prior appropriations
Act, up to $208,000,000 may be transferred to the Bureau of the
Census Working Capital Fund for information and business
technology system modernization and facilities infrastructure
improvements necessary for the operations of the Bureau:
Provided, That the amounts previously provided by the Congress
for the 2020 Census remain available only for the period of
time as provided when initially enacted: Provided further,
That this transfer authority is in addition to any other
transfer authority in this Act: Provided further, That no
amounts may be transferred that were previously designated by
the Congress for the 2020 Census pursuant to section
251(b)(2)(G) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That such
amounts may be obligated only after the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of the planned use of
funds.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2021''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $119,000,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $34,000,000, to remain available until expended:
Provided, That the Attorney General may transfer up to
$40,000,000 to this account, from funds available to the
Department of Justice for information technology, to remain
available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer
authority in the preceding proviso is in addition to any other
transfer authority contained in this Act: Provided further,
That any transfer pursuant to the first proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration
Review, $734,000,000, of which $4,000,000 shall be derived by
transfer from the Executive Office for Immigration Review fees
deposited in the ``Immigration Examinations Fee'' account, and
of which not less than $22,500,000 shall be available for
services and activities provided by the Legal Orientation
Program: Provided, That not to exceed $35,000,000 of the total
amount made available under this heading shall remain available
until expended.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$110,565,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character: Provided,
That not to exceed $4,000,000 shall remain available until
September 30, 2022.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission
as authorized, $13,539,000: Provided, That, notwithstanding
any other provision of law, upon the expiration of a term of
office of a Commissioner, the Commissioner may continue to act
until a successor has been appointed.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; the
administration of pardon and clemency petitions; and rent of
private or Government-owned space in the District of Columbia,
$960,000,000, of which not to exceed $20,000,000 for litigation
support contracts shall remain available until expended:
Provided, That of the amount provided for INTERPOL Washington
dues payments, not to exceed $685,000 shall remain available
until expended: Provided further, That of the total amount
appropriated, not to exceed $9,000 shall be available to
INTERPOL Washington for official reception and representation
expenses: Provided further, That of the total amount
appropriated, not to exceed $9,000 shall be available to the
Criminal Division for official reception and representation
expenses: Provided further, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
litigation activities of the Civil Division, the Attorney
General may transfer such amounts to ``Salaries and Expenses,
General Legal Activities'' from available appropriations for
the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section: Provided further, That of the amount appropriated,
such sums as may be necessary shall be available to the Civil
Rights Division for salaries and expenses associated with the
election monitoring program under section 8 of the Voting
Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the
Office of Personnel Management for such salaries and expenses:
Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall
remain available until expended: Provided further, That of the
amount appropriated, not less than $195,754,000 shall be
available for the Criminal Division, including related expenses
for the Mutual Legal Assistance Treaty Program.
In addition, for expenses of the Department of Justice
associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $17,000,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund
and to remain available until expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $184,524,000, to remain available until expended:
Provided, That notwithstanding any other provision of law,
fees collected for premerger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection (and estimated to be
$150,000,000 in fiscal year 2021), shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
such offsetting collections are received during fiscal year
2021, so as to result in a final fiscal year 2021 appropriation
from the general fund estimated at $34,524,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,342,177,000: Provided, That of the total amount
appropriated, not to exceed $7,200 shall be available for
official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain available
until expended: Provided further, That each United States
Attorney shall establish or participate in a task force on
human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program,
as authorized, $232,361,000, to remain available until
expended: Provided, That, notwithstanding any other provision
of law, deposits to the United States Trustee System Fund and
amounts herein appropriated shall be available in such amounts
as may be necessary to pay refunds due depositors: Provided
further, That, notwithstanding any other provision of law, fees
deposited into the Fund pursuant to section 589a(b) of title
28, United States Code (as limited by section 1004(b) of the
Bankruptcy Judgeship Act of 2017 (division B of Public Law 115-
72)), shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended:
Provided further, That to the extent that fees deposited into
the Fund in fiscal year 2021, net of amounts necessary to pay
refunds due depositors, exceed $232,361,000, those excess
amounts shall be available in future fiscal years only to the
extent provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general fund
shall be reduced (1) as such fees are received during fiscal
year 2021, net of amounts necessary to pay refunds due
depositors, (estimated at $318,000,000) and (2) to the extent
that any remaining general fund appropriations can be derived
from amounts deposited in the Fund in previous fiscal years
that are not otherwise appropriated, so as to result in a final
fiscal year 2021 appropriation from the general fund estimated
at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,366,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts
for the procurement and supervision of expert witnesses, for
private counsel expenses, including advances, and for expenses
of foreign counsel, $270,000,000, to remain available until
expended, of which not to exceed $16,000,000 is for
construction of buildings for protected witness safesites; not
to exceed $3,000,000 is for the purchase and maintenance of
armored and other vehicles for witness security caravans; and
not to exceed $25,000,000 is for the purchase, installation,
maintenance, and upgrade of secure telecommunications equipment
and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may
not be transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$18,000,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for conflict
resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000,
to be derived from the Department of Justice Assets Forfeiture
Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,496,000,000, of which not to exceed $6,000 shall be
available for official reception and representation expenses,
and not to exceed $25,000,000 shall remain available until
expended.
construction
For construction in space that is controlled, occupied, or
utilized by the United States Marshals Service for prisoner
holding and related support, $15,000,000, to remain available
until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in
the custody of the United States Marshals Service as authorized
by section 4013 of title 18, United States Code,
$2,046,609,000, to remain available until expended: Provided,
That not to exceed $20,000,000 shall be considered ``funds
appropriated for State and local law enforcement assistance''
pursuant to section 4013(b) of title 18, United States Code:
Provided further, That the United States Marshals Service shall
be responsible for managing the Justice Prisoner and Alien
Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the
National Security Division, $117,451,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to
this heading from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as
a reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation,
and prosecution of individuals associated with the most
significant drug trafficking organizations, transnational
organized crime, and money laundering organizations not
otherwise provided for, to include inter-governmental
agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals
involved in transnational organized crime and drug trafficking,
$550,458,000, of which $50,000,000 shall remain available until
expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this
appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against
the United States, $9,748,686,000, of which not to exceed
$216,900,000 shall remain available until expended: Provided,
That not to exceed $284,000 shall be available for official
reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites
by purchase, or as otherwise authorized by law; conversion,
modification, and extension of federally owned buildings;
preliminary planning and design of projects; and operation and
maintenance of secure work environment facilities and secure
networking capabilities; $566,100,000, to remain available
until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant to
section 530C of title 28, United States Code; and expenses for
conducting drug education and training programs, including
travel and related expenses for participants in such programs
and the distribution of items of token value that promote the
goals of such programs, $2,336,263,000, of which not to exceed
$75,000,000 shall remain available until expended and not to
exceed $90,000 shall be available for official reception and
representation expenses: Provided, That, notwithstanding
section 3672 of Public Law 106-310, up to $10,000,000 may be
used to reimburse States, units of local government, Indian
Tribal Governments, other public entities, and multi-
jurisdictional or regional consortia thereof for expenses
incurred to clean up and safely dispose of substances
associated with clandestine methamphetamine laboratories,
conversion and extraction operations, tableting operations, or
laboratories and processing operations for fentanyl and
fentanyl-related substances which may present a danger to
public health or the environment.
construction
For necessary expenses, to include the cost of preliminary
planning and design, equipment, furniture, and information
technology requirements, related to the construction or
acquisition of buildings, facilities, and sites by purchase, or
as otherwise authorized by law, for the addition of a
laboratory and warehouse to meet the demand of testing drugs,
including fentanyl, $50,000,000, to remain available until
expended.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and for
provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,483,887,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $25,000,000 shall remain
available until expended: Provided, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code: Provided
further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from
Federal firearms disabilities under section 925(c) of title 18,
United States Code: Provided further, That no funds made
available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol,
Tobacco, Firearms and Explosives to other agencies or
Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $7,708,375,000, of which not less than
$409,483,000 shall be for the programs and activities
authorized by the First Step Act of 2018 (Public Law 115-391):
Provided, That the Attorney General may transfer to the
Department of Health and Human Services such amounts as may be
necessary for direct expenditures by that Department for
medical relief for inmates of Federal penal and correctional
institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into
contracts with a fiscal agent or fiscal intermediary claims
processor to determine the amounts payable to persons who, on
behalf of the Federal Prison System, furnish health services to
individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $5,400 shall be
available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain
available until expended for necessary operations: Provided
further, That, of the amounts provided for contract
confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit
entity which has operated such program in the past,
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System
relating to the operation of pre-release services, halfway
houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account, $127,000,000, to remain available until expended:
Provided, That labor of United States prisoners may be used for
work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures within the limits of funds
and borrowing authority available, and in accord with the law,
and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed on
an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21);
the Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11101 et seq.) (``the 1974 Act''); the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law
106-386) (``the 2000 Act''); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Rape Survivor Child Custody Act of 2015 (Public Law
114-22) (``the 2015 Act''); and the Abolish Human Trafficking
Act (Public Law 115-392); and for related victims services,
$513,500,000, to remain available until expended, of which
$435,000,000 shall be derived by transfer from amounts
available for obligation in this Act from the Fund established
by section 1402 of chapter XIV of title II of Public Law 98-473
(34 U.S.C. 20101), notwithstanding section 1402(d) of such Act
of 1984, and merged with the amounts otherwise made available
under this heading: Provided, That except as otherwise
provided by law, not to exceed 5 percent of funds made
available under this heading may be used for expenses related
to evaluation, training, and technical assistance: Provided
further, That any balances remaining available from prior year
appropriations under this heading for tracking violence against
Indian women, as authorized by section 905 of the 2005 Act,
shall also be available to enhance the ability of Tribal
Government entities to access, enter information into, and
obtain information from, Federal criminal information
databases, as authorized by section 534 of title 28, United
States Code: Provided further, That some or all of such
balances may be transferred, at the discretion of the Attorney
General, to ``General Administration, Justice Information
Sharing Technology'' for the Tribal Access Program for national
crime information in furtherance of this purpose: Provided
further, That the authority to transfer funds under the
previous proviso shall be in addition to any other transfer
authority contained in this Act: Provided further, That of the
amount provided--
(1) $215,000,000 is for grants to combat violence
against women, as authorized by part T of the 1968 Act;
(2) $40,000,000 is for transitional housing
assistance grants for victims of domestic violence,
dating violence, stalking, or sexual assault as
authorized by section 40299 of the 1994 Act;
(3) $2,500,000 is for the National Institute of
Justice and the Bureau of Justice Statistics for
research, evaluation, and statistics of violence
against women and related issues addressed by grant
programs of the Office on Violence Against Women, which
shall be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of
Justice Programs;
(4) $12,000,000 is for a grant program to provide
services to advocate for and respond to youth victims
of domestic violence, dating violence, sexual assault,
and stalking; assistance to children and youth exposed
to such violence; programs to engage men and youth in
preventing such violence; and assistance to middle and
high school students through education and other
services related to such violence: Provided, That
unobligated balances available for the programs
authorized by sections 41201, 41204, 41303, and 41305
of the 1994 Act, prior to its amendment by the 2013
Act, shall be available for this program: Provided
further, That 10 percent of the total amount available
for this grant program shall be available for grants
under the program authorized by section 2015 of the
1968 Act: Provided further, That the definitions and
grant conditions in section 40002 of the 1994 Act shall
apply to this program;
(5) $53,000,000 is for grants to encourage arrest
policies as authorized by part U of the 1968 Act, of
which $4,000,000 is for a homicide reduction
initiative;
(6) $41,000,000 is for sexual assault victims
assistance, as authorized by section 41601 of the 1994
Act;
(7) $45,000,000 is for rural domestic violence and
child abuse enforcement assistance grants, as
authorized by section 40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent
crimes against women on campus, as authorized by
section 304 of the 2005 Act;
(9) $47,000,000 is for legal assistance for victims,
as authorized by section 1201 of the 2000 Act;
(10) $5,500,000 is for enhanced training and services
to end violence against and abuse of women in later
life, as authorized by section 40801 of the 1994 Act;
(11) $18,000,000 is for grants to support families in
the justice system, as authorized by section 1301 of
the 2000 Act: Provided, That unobligated balances
available for the programs authorized by section 1301
of the 2000 Act and section 41002 of the 1994 Act,
prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $6,500,000 is for education and training to end
violence against and abuse of women with disabilities,
as authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center
on Workplace Responses to assist victims of domestic
violence, as authorized by section 41501 of the 1994
Act;
(14) $1,000,000 is for analysis and research on
violence against Indian women, including as authorized
by section 904 of the 2005 Act: Provided, That such
funds may be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of
Justice Programs;
(15) $500,000 is for a national clearinghouse that
provides training and technical assistance on issues
relating to sexual assault of American Indian and
Alaska Native women;
(16) $4,000,000 is for grants to assist Tribal
Governments in exercising special domestic violence
criminal jurisdiction, as authorized by section 904 of
the 2013 Act: Provided, That the grant conditions in
section 40002(b) of the 1994 Act shall apply to this
program; and
(17) $1,500,000 is for the purposes authorized under
the 2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322) (``the 1994 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing
Children's Assistance Act (34 U.S.C. 11291 et seq.); the
Prosecutorial Remedies and Other Tools to end the Exploitation
of Children Today Act of 2003 (Public Law 108-21) (``the
PROTECT Act''); the Justice for All Act of 2004 (Public Law
108-405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-
647); the Second Chance Act of 2007 (Public Law 110-199); the
Victims of Crime Act of 1984 (Public Law 98-473); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); subtitle C of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the Prison Rape Elimination Act of 2003 (Public Law
108-79) (``PREA''); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198); the First Step Act of 2018 (Public Law
115-391); and other programs, $82,000,000, to remain available
until expended, of which--
(1) $45,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C
of title I of the 1968 Act, of which $3,000,000 is for
a data collection on law enforcement suicide; and
(2) $37,000,000 is for research, development, and
evaluation programs, and other activities as authorized
by part B of title I of the 1968 Act and subtitle C of
title II of the 2002 Act, and for activities authorized
by or consistent with the First Step Act of 2018, of
which $6,000,000 is for research targeted toward
developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention;
$1,000,000 is for research to study the root causes of
school violence to include the impact and effectiveness
of grants made under the STOP School Violence Act;
$1,500,000 is for a national study to identify
improvements for law enforcement officials who respond
to and investigate child pornography crimes; $4,000,000
is for the research, design, and testing of a scalable
national model to reduce incarceration rates for minor
probation and parole violations; and not less than
$2,000,000 is for research, testing, and evaluation of
the use of counter-unmanned aircraft systems in support
of law enforcement operations.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of 1968
(Public Law 90-351) (``the 1968 Act''); the Justice for All Act
of 2004 (Public Law 108-405); the Victims of Child Abuse Act of
1990 (Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law 109-
164); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Adam Walsh Child Protection and Safety Act of 2006
(Public Law 109-248) (``the Adam Walsh Act''); the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law
106-386); the NICS Improvement Amendments Act of 2007 (Public
Law 110-180); subtitle C of title II of the Homeland Security
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Prison
Rape Elimination Act of 2003 (Public Law 108-79); the Second
Chance Act of 2007 (Public Law 110-199); the Prioritizing
Resources and Organization for Intellectual Property Act of
2008 (Public Law 110-403); the Victims of Crime Act of 1984
(Public Law 98-473); the Mentally Ill Offender Treatment and
Crime Reduction Reauthorization and Improvement Act of 2008
(Public Law 110-416); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198) (``CARA''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); Kevin and
Avonte's Law (division Q of Public Law 115-141) (``Kevin and
Avonte's Law''); the Keep Young Athletes Safe Act of 2018
(title III of division S of Public Law 115-141) (``the Keep
Young Athletes Safe Act''); the STOP School Violence Act of
2018 (title V of division S of Public Law 115-141) (``the STOP
School Violence Act''); the Fix NICS Act of 2018 (title VI of
division S of Public Law 115-141); the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (Public
Law 115-185); the SUPPORT for Patients and Communities Act
(Public Law 115-271); the Second Chance Reauthorization Act of
2018 (Public Law 115-391); the Matthew Shepard and James Byrd,
Jr. Hate Crimes Prevention Act (Public Law 111-84); the Ashanti
Alert Act of 2018 (Public Law 115-401); and other programs,
$1,914,000,000, to remain available until expended as follows--
(1) $484,000,000 for the Edward Byrne Memorial
Justice Assistance Grant program as authorized by
subpart 1 of part E of title I of the 1968 Act (except
that section 1001(c), and the special rules for Puerto
Rico under section 505(g), of title I of the 1968 Act
shall not apply for purposes of this Act), of which,
notwithstanding such subpart 1--
(A) $13,000,000 is for an Officer Robert
Wilson III memorial initiative on Preventing
Violence Against Law Enforcement and Ensuring
Officer Resilience and Survivability (VALOR);
(B) $8,000,000 is for an initiative to
support evidence-based policing;
(C) $8,000,000 is for an initiative to
enhance prosecutorial decision-making;
(D) $2,400,000 is for the operation,
maintenance, and expansion of the National
Missing and Unidentified Persons System;
(E) $7,500,000 is for a grant program for
State and local law enforcement to provide
officer training on responding to individuals
with mental illness or disabilities;
(F) $2,000,000 is for a student loan
repayment assistance program pursuant to
section 952 of Public Law 110-315;
(G) $15,500,000 is for prison rape prevention
and prosecution grants to States and units of
local government, and other programs, as
authorized by the Prison Rape Elimination Act
of 2003 (Public Law 108-79);
(H) $3,000,000 is for a grant program
authorized by Kevin and Avonte's Law;
(I) $4,000,000 is for the establishment of a
national center on forensics at an accredited
university of higher education with affiliate
medical and law schools, in partnership with a
co-located full-service State department of
forensic science with a medical examiner
function;
(J) $20,000,000 is for grants authorized
under the Project Safe Neighborhoods Grant
Authorization Act of 2018 (Public Law 115-185);
(K) $7,000,000 is for the Capital Litigation
Improvement Grant Program, as authorized by
section 426 of Public Law 108-405, and for
grants for wrongful conviction review;
(L) $14,000,000 is for community-based
violence prevention initiatives;
(M) $3,000,000 is for a national center for
restorative justice;
(N) $1,000,000 is for the purposes of the
Ashanti Alert Network as authorized under the
Ashanti Alert Act of 2018 (Public Law 115-401);
(O) $3,500,000 is for a grant program to
replicate family-based alternative sentencing
pilot programs;
(P) $1,000,000 is for a grant program to
support child advocacy training in post-
secondary education;
(Q) $7,000,000 is for a rural violent crime
initiative, including assistance for law
enforcement;
(R) $2,000,000 is for grants to States and
units of local government to deploy managed
access systems to combat contraband cell phone
use in prison; and
(S) $2,000,000 is for grants for development
of child-friendly family visitation spaces in
correctional facilities;
(2) $244,000,000 for the State Criminal Alien
Assistance Program, as authorized by section 241(i)(5)
of the Immigration and Nationality Act (8 U.S.C.
1231(i)(5)): Provided, That no jurisdiction shall
request compensation for any cost greater than the
actual cost for Federal immigration and other detainees
housed in State and local detention facilities;
(3) $85,000,000 for victim services programs for
victims of trafficking, as authorized by section
107(b)(2) of Public Law 106-386, for programs
authorized under Public Law 109-164, or programs
authorized under Public Law 113-4;
(4) $12,000,000 for economic, high technology, white
collar, and Internet crime prevention grants, including
as authorized by section 401 of Public Law 110-403, of
which $2,500,000 is for competitive grants that help
State and local law enforcement tackle intellectual
property thefts, and $2,000,000 is for grants to
develop databases on Internet of Things device
capabilities and to build and execute training modules
for law enforcement;
(5) $20,000,000 for sex offender management
assistance, as authorized by the Adam Walsh Act, and
related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof
Vest Partnership Grant Program, as authorized by
section 2501 of title I of the 1968 Act: Provided,
That $1,500,000 is transferred directly to the National
Institute of Standards and Technology's Office of Law
Enforcement Standards for research, testing, and
evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $85,000,000 for grants to States to upgrade
criminal and mental health records for the National
Instant Criminal Background Check System, of which no
less than $25,000,000 shall be for grants made under
the authorities of the NICS Improvement Amendments Act
of 2007 (Public Law 110-180) and Fix NICS Act of 2018;
(9) $33,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act;
(10) $141,000,000 for DNA-related and forensic
programs and activities, of which--
(A) $110,000,000 is for the purposes
authorized under section 2 of the DNA Analysis
Backlog Elimination Act of 2000 (Public Law
106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of
funds made available under this paragraph may
be used for the purposes described in the DNA
Training and Education for Law Enforcement,
Correctional Personnel, and Court Officers
program (Public Law 108-405, section 303);
(B) $19,000,000 for other local, State, and
Federal forensic activities;
(C) $8,000,000 is for the purposes described
in the Kirk Bloodsworth Post-Conviction DNA
Testing Grant Program (Public Law 108-405,
section 412); and
(D) $4,000,000 is for Sexual Assault Forensic
Exam Program grants, including as authorized by
section 304 of Public Law 108-405;
(11) $48,000,000 for a grant program for community-
based sexual assault response reform;
(12) $12,500,000 for the court-appointed special
advocate program, as authorized by section 217 of the
1990 Act;
(13) $46,000,000 for assistance to Indian Tribes;
(14) $100,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of
2007 (Public Law 110-199) and by the Second Chance
Reauthorization Act of 2018 (Public Law 115-391),
without regard to the time limitations specified at
section 6(1) of such Act, of which not to exceed
$6,000,000 is for a program to improve State, local,
and Tribal probation or parole supervision efforts and
strategies; $5,000,000 is for Children of Incarcerated
Parents Demonstrations to enhance and maintain parental
and family relationships for incarcerated parents as a
reentry or recidivism reduction strategy; and
$4,500,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain
sanctions in probation, of which no less than $500,000
shall be used for a project that provides training,
technical assistance, and best practices: Provided,
That up to $7,500,000 of funds made available in this
paragraph may be used for performance-based awards for
Pay for Success projects, of which up to $5,000,000
shall be for Pay for Success programs implementing the
Permanent Supportive Housing Model;
(15) $394,000,000 for comprehensive opioid abuse
reduction activities, including as authorized by CARA,
and for the following programs, which shall address
opioid, stimulant, and substance abuse reduction
consistent with underlying program authorities--
(A) $83,000,000 for Drug Courts, as
authorized by section 1001(a)(25)(A) of title I
of the 1968 Act;
(B) $35,000,000 for mental health courts and
adult and juvenile collaboration program
grants, as authorized by parts V and HH of
title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008
(Public Law 110-416);
(C) $34,000,000 for grants for Residential
Substance Abuse Treatment for State Prisoners,
as authorized by part S of title I of the 1968
Act;
(D) $25,000,000 for a veterans treatment
courts program;
(E) $32,000,000 for a program to monitor
prescription drugs and scheduled listed
chemical products; and
(F) $185,000,000 for a comprehensive opioid,
stimulant, and substance abuse program;
(16) $2,500,000 for a competitive grant program
authorized by the Keep Young Athletes Safe Act;
(17) $79,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized
under the STOP School Violence Act;
(18) $2,000,000 for grants to State and local law
enforcement agencies for the expenses associated with
the investigation and prosecution of criminal offenses,
involving civil rights, authorized by the Emmett Till
Unsolved Civil Rights Crimes Reauthorization Act of
2016 (Public Law 114-325);
(19) $5,000,000 for grants to State, local, and
Tribal law enforcement agencies to conduct educational
outreach and training on hate crimes and to investigate
and prosecute hate crimes, as authorized by section
4704 of the Matthew Shepard and James Byrd, Jr. Hate
Crimes Prevention Act (Public Law 111-84); and
(20) $90,000,000 for initiatives to improve police-
community relations, of which $35,000,000 is for a
competitive matching grant program for purchases of
body-worn cameras for State, local, and Tribal law
enforcement; $33,000,000 is for a justice reinvestment
initiative, for activities related to criminal justice
reform and recidivism reduction; and $22,000,000 is for
an Edward Byrne Memorial criminal justice innovation
program:
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the number
of law enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers
who perform non-administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291
et seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21);
the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the
PROTECT Our Children Act of 2008 (Public Law 110-401); the
Violence Against Women Reauthorization Act of 2013 (Public Law
113-4) (``the 2013 Act''); the Justice for All Reauthorization
Act of 2016 (Public Law 114-324); the Missing Children's
Assistance Act of 2018 (Public Law 115-267); the Juvenile
Justice Reform Act of 2018 (Public Law 115-385); and other
juvenile justice programs, $346,000,000, to remain available
until expended as follows--
(1) $67,000,000 for programs authorized by section
221 of the 1974 Act, and for training and technical
assistance to assist small, nonprofit organizations
with the Federal grants process: Provided, That of the
amounts provided under this paragraph, $500,000 shall
be for a competitive demonstration grant program to
support emergency planning among State, local, and
Tribal juvenile justice residential facilities;
(2) $100,000,000 for youth mentoring grants;
(3) $49,000,000 for delinquency prevention, of which,
pursuant to sections 261 and 262 of the 1974 Act--
(A) $2,000,000 shall be for grants to prevent
trafficking of girls;
(B) $10,000,000 shall be for the Tribal Youth
Program;
(C) $500,000 shall be for an Internet site
providing information and resources on children
of incarcerated parents;
(D) $3,000,000 shall be for competitive
grants focusing on girls in the juvenile
justice system;
(E) $10,000,000 shall be for an opioid-
affected youth initiative; and
(F) $8,000,000 shall be for an initiative
relating to children exposed to violence;
(4) $30,000,000 for programs authorized by the
Victims of Child Abuse Act of 1990;
(5) $94,000,000 for missing and exploited children
programs, including as authorized by sections 404(b)
and 405(a) of the 1974 Act (except that section
102(b)(4)(B) of the PROTECT Our Children Act of 2008
(Public Law 110-401) shall not apply for purposes of
this Act);
(6) $3,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act; and
(7) $2,500,000 for a program to improve juvenile
indigent defense:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of the amounts
designated under paragraphs (1) through (3) and (6) may be used
for training and technical assistance: Provided further, That
the two preceding provisos shall not apply to grants and
projects administered pursuant to sections 261 and 262 of the
1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4)
of title I of the Omnibus Crime Control and Safe Streets Act of
1968, such sums as are necessary (including amounts for
administrative costs), to remain available until expended; and
$24,800,000 for payments authorized by section 1201(b) of such
Act and for educational assistance authorized by section 1218
of such Act, to remain available until expended: Provided,
That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent
circumstances require additional funding for such disability
and education payments, the Attorney General may transfer such
amounts to ``Public Safety Officer Benefits'' from available
appropriations for the Department of Justice as may be
necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968 Act'');
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the American Law Enforcement Heroes Act of 2017 (Public
Law 115-37); the Law Enforcement Mental Health and Wellness Act
(Public Law 115-113) (``the LEMHW Act''); the SUPPORT for
Patients and Communities Act (Public Law 115-271); and the
Supporting and Treating Officers In Crisis Act of 2019 (Public
Law 116-32) (``the STOIC Act''), $386,000,000, to remain
available until expended: Provided, That any balances made
available through prior year deobligations shall only be
available in accordance with section 505 of this Act: Provided
further, That of the amount provided under this heading--
(1) $237,000,000 is for grants under section 1701 of
title I of the 1968 Act (34 U.S.C. 10381) for the
hiring and rehiring of additional career law
enforcement officers under part Q of such title
notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such
title (34 U.S.C. 10384(c)), funding for hiring or
rehiring a career law enforcement officer may not
exceed $125,000 unless the Director of the Office of
Community Oriented Policing Services grants a waiver
from this limitation: Provided further, That within
the amounts appropriated under this paragraph,
$29,500,000 is for improving Tribal law enforcement,
including hiring, equipment, training, anti-
methamphetamine activities, and anti-opioid activities:
Provided further, That of the amounts appropriated
under this paragraph $40,000,000 is for regional
information sharing activities, as authorized by part M
of title I of the 1968 Act, which shall be transferred
to and merged with ``Research, Evaluation, and
Statistics'' for administration by the Office of
Justice Programs: Provided further, That within the
amounts appropriated under this paragraph, no less than
$3,000,000 is to support the Tribal Access Program:
Provided further, That within the amounts appropriated
under this paragraph, $8,000,000 is for training, peer
mentoring, mental health program activities, and other
support services as authorized under the LEMHW Act and
STOIC Act;
(2) $11,000,000 is for activities authorized by the
POLICE Act of 2016 (Public Law 114-199);
(3) $15,000,000 is for competitive grants to State
law enforcement agencies in States with high seizures
of precursor chemicals, finished methamphetamine,
laboratories, and laboratory dump seizures: Provided,
That funds appropriated under this paragraph shall be
utilized for investigative purposes to locate or
investigate illicit activities, including precursor
diversion, laboratories, or methamphetamine
traffickers;
(4) $35,000,000 is for competitive grants to
statewide law enforcement agencies in States with high
rates of primary treatment admissions for heroin and
other opioids: Provided, That these funds shall be
utilized for investigative purposes to locate or
investigate illicit activities, including activities
related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful
heroin and prescription opioid traffickers through
statewide collaboration;
(5) $53,000,000 is for competitive grants to be
administered by the Community Oriented Policing
Services Office for purposes authorized under the STOP
School Violence Act (title V of division S of Public
Law 115-141); and
(6) $35,000,000 is for community policing development
activities in furtherance of section 1701 of title I of
the 1968 Act (34 U.S.C. 10381).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in
this title for official reception and representation expenses,
a total of not to exceed $50,000 from funds appropriated to the
Department of Justice in this title shall be available to the
Attorney General for official reception and representation
expenses.
Sec. 202. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of
the mother would be endangered if the fetus were carried to
term, or in the case of rape or incest: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing
in this section in any way diminishes the effect of section 203
intended to address the philosophical beliefs of individual
employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. None of the funds made available under this title
may be used by the Federal Bureau of Prisons or the United
States Marshals Service for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime
under State or Federal law and is classified as a maximum or
high security prisoner, other than to a prison or other
facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance,
or purchase of audiovisual or electronic media or equipment for
inmate training, religious, or educational programs.
Sec. 208. None of the funds made available under this title
shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the Deputy
Attorney General and the investment review board certify to the
Committees on Appropriations of the House of Representatives
and the Senate that the information technology program has
appropriate program management controls and contractor
oversight mechanisms in place, and that the program is
compatible with the enterprise architecture of the Department
of Justice.
Sec. 209. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations from
the amounts designated for specific activities in this Act and
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), and to
any use of deobligated balances of funds provided under this
title in previous years.
Sec. 210. None of the funds appropriated by this Act may be
used to plan for, begin, continue, finish, process, or approve
a public-private competition under the Office of Management and
Budget Circular A-76 or any successor administrative
regulation, directive, or policy for work performed by
employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or expenses
of any United States Attorney assigned dual or additional
responsibilities by the Attorney General or his designee that
exempt that United States Attorney from the residency
requirements of section 545 of title 28, United States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or
authorized to be made available) by law, with respect to funds
appropriated by this title under the headings ``Research,
Evaluation and Statistics'', ``State and Local Law Enforcement
Assistance'', and ``Juvenile Justice Programs''--
(1) up to 2 percent of funds made available to the
Office of Justice Programs for grant or reimbursement
programs may be used by such Office to provide training
and technical assistance; and
(2) up to 2 percent of funds made available for grant
or reimbursement programs under such headings, except
for amounts appropriated specifically for research,
evaluation, or statistical programs administered by the
National Institute of Justice and the Bureau of Justice
Statistics, shall be transferred to and merged with
funds provided to the National Institute of Justice and
the Bureau of Justice Statistics, to be used by them
for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
Sec. 213. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the Attorney
General may, with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2018 through
2021 for the following programs, waive the following
requirements:
(1) For the adult and juvenile offender State and
local reentry demonstration projects under part FF of
title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10631 et seq.), the requirements
under section 2976(g)(1) of such part (34 U.S.C.
10631(g)(1)).
(2) For grants to protect inmates and safeguard
communities as authorized by section 6 of the Prison
Rape Elimination Act of 2003 (34 U.S.C. 30305(c)(3)),
the requirements of section 6(c)(3) of such Act.
Sec. 214. Notwithstanding any other provision of law,
section 20109(a) of subtitle A of title II of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12109(a))
shall not apply to amounts made available by this or any other
Act.
Sec. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of
an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is an
agent of a drug cartel, unless law enforcement personnel of the
United States continuously monitor or control the firearm at
all times.
Sec. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2021, except up to
$12,000,000 may be obligated for implementation of a unified
Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice
Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for
obligation in fiscal year 2021, and any use, obligation,
transfer, or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2021, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming of
funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in
this Act for the Office of Justice Programs may be used to
participate in Performance Partnership Pilots authorized under
such authorities as have been enacted for Performance
Partnership Pilots in appropriations acts in prior fiscal years
and the current fiscal year.
Sec. 218. Section 1930(a)(6)(B) of title 28, United States
Code, shall be applied for this fiscal year and next fiscal
year by substituting `` $300,000,000'' for `` $200,000,000''.
Sec. 219. Section 527 of title 28, United States Code, is
amended in the third sentence by inserting ``: (1)'' before
``the Department'' and by inserting ``; and (2) federally
recognized tribes for supplies, materials, and services related
to access to Federal law enforcement databases;'' after ``and
services''.
Sec. 220. Section 1825 of title 28, United States Code, is
amended:
(a) in subsections (a) and (b) by striking ``United States
marshal for the district'' each place it appears and inserting
``Attorney General''; and
(b) in subsection (c) by striking ``United States marshal''
and inserting ``Attorney General''.
Sec. 221. Section 151 of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 5 U.S.C.
5928 note), is amended--
(1) by striking ``or'' after ``Drug Enforcement
Administration'' and inserting ``, the''; and
(2) by inserting ``, or the United States Marshals
Service'' after ``Federal Bureau of Investigation''.
Sec. 222. There is hereby appropriated $5,000,000, to remain
available until expended, for an additional amount for
``Department of Justice--General Administration'', for expenses
associated with the development and operation of a database
concerning substantiated instances of excessive use of force
related to law enforcement matters and officer misconduct, as
described by, and subject to the requirements of, section 3 of
Executive Order 13929 (June 16, 2020), as such Executive Order
was in effect on the date of the enactment of this Act:
Provided, That the Attorney General may transfer the funds
provided in this section to other appropriations accounts in
the Department of Justice to use for expenses associated with
the development and operation of such database: Provided
further, That the transfer authority in the preceding proviso
is in addition to any other transfer authority contained in
this Act: Provided further, That any transfer pursuant to the
first proviso shall be treated as a reprogramming under section
505 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
This title may be cited as the ``Department of Justice
Appropriations Act, 2021''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the National
Science and Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6601 et seq.), hire of passenger motor
vehicles, and services as authorized by section 3109 of title
5, United States Code, not to exceed $2,250 for official
reception and representation expenses, and rental of conference
rooms in the District of Columbia, $5,544,000.
National Space Council
For necessary expenses of the National Space Council, in
carrying out the purposes of title V of Public Law 100-685 and
Executive Order No. 13803, hire of passenger motor vehicles,
and services as authorized by section 3109 of title 5, United
States Code, not to exceed $2,250 for official reception and
representation expenses, $1,965,000: Provided, That
notwithstanding any other provision of law, the National Space
Council may accept personnel support from Federal agencies,
departments, and offices, and such Federal agencies,
departments, and offices may detail staff without reimbursement
to the National Space Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$7,301,000,000, to remain available until September 30, 2022:
Provided, That, $2,000,000,000 shall be for Earth Science;
$2,700,000,000 shall be for Planetary Science; $1,356,200,000
shall be for Astrophysics; $414,700,000 shall be for the James
Webb Space Telescope; $751,000,000 shall be for Heliophysics,
and $79,100,000 shall be for Biological and Physical Science:
Provided further, That the National Aeronautics and Space
Administration shall use the Space Launch System (SLS) for the
Europa Clipper mission if the SLS is available and if torsional
loading analysis has confirmed Clipper's appropriateness for
SLS: Provided further, That, if the conditions in the
preceding proviso cannot be met, the Administrator shall
conduct a full and open competition, that is not limited to the
launch vehicles listed in the NLS-II contract of the Launch
Services Program as of the date of the enactment of this Act,
to select a commercial launch vehicle for Europa Clipper.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft, $828,700,000,
to remain available until September 30, 2022.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control,
and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$1,100,000,000, to remain available until September 30, 2022:
Provided, That $227,000,000 shall be for RESTORE-L/SPace
Infrastructure DExterous Robot: Provided further, That
$110,000,000 shall be for the development, production, and
demonstration of a nuclear thermal propulsion system, of which
$80,000,000 shall be for the design of a flight demonstration
system: Provided further, That, not later than 180 days after
the enactment of this Act, the National Aeronautics and Space
Administration shall provide a plan for the design of a flight
demonstration.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$6,555,400,000, to remain available until September 30, 2022:
Provided, That not less than $1,406,700,000 shall be for the
Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,585,900,000 shall be for the Space Launch System
(SLS) launch vehicle, which shall have a lift capability not
less than 130 metric tons and which shall have core elements
and an Exploration Upper Stage developed simultaneously to be
used to the maximum extent practicable, including for Earth to
Moon missions and Moon landings: Provided further, That of the
amounts provided for SLS, not less than $400,000,000 shall be
for SLS Block 1B development including the Exploration Upper
Stage and associated systems including related facilitization,
to support an SLS Block 1B mission available to launch in 2025
in addition to the planned Block 1 missions for Artemis 1
through Artemis 3: Provided further, That $590,000,000 shall
be for Exploration Ground Systems and associated Block 1B
activities, including $74,000,000 for a second mobile launch
platform: Provided further, That the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget
profile for an integrated system that includes the SLS, the
Orion Multi-Purpose Crew Vehicle, and associated ground systems
that will ensure a crewed launch as early as possible, as well
as a system-based funding profile for a sustained launch
cadence that contemplates the use of an SLS Block 1B cargo
variant and associated ground systems: Provided further, That
$1,972,800,000 shall be for exploration research and
development.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control, and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized
by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles;
and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $3,988,200,000, to remain
available until September 30, 2022.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research,
development, operations, support, and services; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $127,000,000, to remain available until September 30,
2022, of which $26,000,000 shall be for the Established Program
to Stimulate Competitive Research and $51,000,000 shall be for
the National Space Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space technology,
exploration, space operations and education research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control,
and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; not to exceed $63,000 for official reception
and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $2,936,500,000, to remain available until September
30, 2022: Provided, That if available balances in the
``Science, Space, and Technology Education Trust Fund'' are not
sufficient to provide for the grant disbursements required
under the third and fourth provisos under such heading in the
Department of Housing and Urban Development-Independent
Agencies Appropriations Act, 1989 (Public Law 100-404) as
amended by the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act,
1995 (Public Law 103-327) up to $1,000,000 shall be available
from amounts made available under this heading to make such
grant disbursements.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities and
additions to existing facilities, facility planning and design,
and restoration, and acquisition or condemnation of real
property, as authorized by law, and environmental compliance
and restoration, $390,278,000, to remain available until
September 30, 2026: Provided, That proceeds from leases
deposited into this account shall be available for a period of
5 years to the extent and in amounts as provided in annual
appropriations Acts: Provided further, That such proceeds
referred to in the preceding proviso shall be available for
obligation for fiscal year 2021 in an amount not to exceed
$18,700,000: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and
collections and proposed use of all funds collected pursuant to
section 20145 of title 51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $44,200,000, of
which $500,000 shall remain available until September 30, 2022.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a prize
is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Any funds transferred to
``Construction and Environmental Compliance and Restoration''
for construction activities shall not increase that account by
more than 20 percent. Balances so transferred shall be merged
with and available for the same purposes and the same time
period as the appropriations to which transferred. Any transfer
pursuant to this provision shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the
procedures set forth in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or
expenditure in fiscal year 2021 may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers. Any transfer pursuant to this
provision shall retain its original availability and shall be
treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by
the National Aeronautics and Space Administration at the theme,
program, project, and activity level. The spending plan, as
well as any subsequent change of an amount established in that
spending plan that meets the notification requirements of
section 505 of this Act, shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Not more than 40 percent of the amounts made available in
this Act for the Gateway; Advanced Cislunar and Surface
Capabilities; Commercial LEO Development; Human Landing System;
and Lunar Discovery and Exploration, excluding the Lunar
Reconnaissance Orbiter, may be obligated until the
Administrator submits a multi-year plan to the Committees on
Appropriations of the House of Representatives and the Senate
that identifies estimated dates, by fiscal year, for Space
Launch System flights to build the Gateway; the commencement of
partnerships with commercial entities for additional LEO
missions to land humans and rovers on the Moon; and conducting
additional scientific activities on the Moon. The multi-year
plan shall include key milestones to be met by fiscal year to
achieve goals for each of the lunar programs described in the
previous sentence and funding required by fiscal year to
achieve such milestones, as well as funding provided in fiscal
year 2021 and previous years.
Of the amounts provided for Exploration Systems Development,
$25,000,000 shall be transferred to Construction and
Environmental Compliance and Restoration (CECR) for Exploration
Construction of Facilities consistent with direction provided
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act). The
authority provided by this paragraph is in addition to the
authority provided by the second paragraph under this heading.
Not more than 20 percent or $50,000,000, whichever is less,
of the amounts made available in the current-year CECR
appropriation may be applied to CECR projects funded under
previous years' CECR appropriation Acts. Use of current-year
funds under this provision shall be treated as a reprogramming
of funds under section 505 of this act and shall not be
available for obligation except in compliance with the
procedures set forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law
86-209 (42 U.S.C. 1880 et seq.); services as authorized by
section 3109 of title 5, United States Code; maintenance and
operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $6,909,769,000, to remain available until September 30,
2022, of which not to exceed $544,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and other
National Science Foundation supported research facilities may
be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $241,000,000, to remain
available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics,
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.), including services as authorized
by section 3109 of title 5, United States Code, authorized
travel, and rental of conference rooms in the District of
Columbia, $968,000,000, to remain available until September 30,
2022.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles;
uniforms or allowances therefor, as authorized by sections 5901
and 5902 of title 5, United States Code; rental of conference
rooms in the District of Columbia; and reimbursement of the
Department of Homeland Security for security guard services;
$345,640,000: Provided, That not to exceed $8,280 is for
official reception and representation expenses: Provided
further, That contracts may be entered into under this heading
in fiscal year 2021 for maintenance and operation of facilities
and for other services to be provided during the next fiscal
year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, and the
employment of experts and consultants under section 3109 of
title 5, United States Code) involved in carrying out section 4
of the National Science Foundation Act of 1950 (42 U.S.C. 1863)
and Public Law 86-209 (42 U.S.C. 1880 et seq.), $4,500,000:
Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $17,850,000,
of which $400,000 shall remain available until September 30,
2022.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science Foundation
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10
percent by any such transfers. Any transfer pursuant to this
paragraph shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth
in that section.
The Director of the National Science Foundation (NSF) shall
notify the Committees on Appropriations of the House of
Representatives and the Senate at least 30 days in advance of
any planned divestment through transfer, decommissioning,
termination, or deconstruction of any NSF-owned facilities or
any NSF capital assets (including land, structures, and
equipment) valued greater than $2,500,000.
This title may be cited as the ``Science Appropriations Act,
2021''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $12,500,000:
Provided, That none of the funds appropriated in this paragraph
may be used to employ any individuals under Schedule C of
subpart C of part 213 of title 5 of the Code of Federal
Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days: Provided further, That the Chair may accept and use any
gift or donation to carry out the work of the Commission:
Provided further, That none of the funds appropriated in this
paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights
Commission Act of 1983 (42 U.S.C. 1975a): Provided further,
That notwithstanding the preceding proviso, $500,000 shall be
used to separately fund the Commission on the Social Status of
Black Men and Boys.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, section 501 of the Rehabilitation Act of 1973, the Civil
Rights Act of 1991, the Genetic Information Nondiscrimination
Act (GINA) of 2008 (Public Law 110-233), the ADA Amendments Act
of 2008 (Public Law 110-325), and the Lilly Ledbetter Fair Pay
Act of 2009 (Public Law 111-2), including services as
authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles as authorized by section 1343(b) of
title 31, United States Code; nonmonetary awards to private
citizens; and up to $31,500,000 for payments to State and local
enforcement agencies for authorized services to the Commission,
$404,490,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,250 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations of the
House of Representatives and the Senate have been notified of
such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further,
That the Chair may accept and use any gift or donation to carry
out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as
authorized by section 3109 of title 5, United States Code, and
not to exceed $2,250 for official reception and representation
expenses, $103,000,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$465,000,000, of which $425,500,000 is for basic field programs
and required independent audits; $5,500,000 is for the Office
of Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients;
$23,000,000 is for management and grants oversight; $4,250,000
is for client self-help and information technology; $4,750,000
is for a Pro Bono Innovation Fund; and $2,000,000 is for loan
repayment assistance: Provided, That the Legal Services
Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the
Federal Government to Washington, DC-based employees as
authorized by section 5304 of title 5, United States Code,
notwithstanding section 1005(d) of the Legal Services
Corporation Act (42 U.S.C. 2996d(d)): Provided further, That
the authorities provided in section 205 of this Act shall be
applicable to the Legal Services Corporation: Provided
further, That, for the purposes of section 505 of this Act, the
Legal Services Corporation shall be considered an agency of the
United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2020 and 2021, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), $3,769,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by section 3109 of title 5, United States Code,
$55,000,000, of which $1,000,000 shall remain available until
expended: Provided, That of the total amount made available
under this heading, not to exceed $124,000 shall be available
for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative
authorized by section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405), including transfers,
$15,000,000, to be derived from the Trade Enforcement Trust
Fund: Provided, That any transfer pursuant to subsection
(d)(1) of such section shall be treated as a reprogramming
under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42
U.S.C. 10701 et seq.) $7,000,000, of which $500,000 shall
remain available until September 30, 2022: Provided, That not
to exceed $2,250 shall be available for official reception and
representation expenses: Provided further, That, for the
purposes of section 505 of this Act, the State Justice
Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2021, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that: (1) creates or initiates a new program, project,
or activity; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames
offices, programs, or activities; (6) contracts out or
privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects, or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program,
project, or activity, or numbers of personnel by 10 percent; or
(8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in
existing programs, projects, or activities as approved by
Congress; unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this
Act shall be used to purchase items that are manufactured,
produced, or assembled in the United States, its territories or
possessions.
(2) The term ``promotional items'' has the meaning given the
term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly report on the status of balances of appropriations at
the account level. For unobligated, uncommitted balances and
unobligated, committed balances the quarterly reports shall
separately identify the amounts attributable to each source
year of appropriation from which the balances were derived. For
balances that are obligated, but unexpended, the quarterly
reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect
of a reporting requirement described in subsection (a) due to a
limitation of a current accounting system, the department or
agency shall fulfill such aspect to the maximum extent
practicable under such accounting system and shall identify and
describe in each quarterly report the extent to which such
aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent, personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary resources
available to such department or agency: Provided, That the
authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section: Provided further, That for the Department of
Commerce, this section shall also apply to actions taken for
the care and protection of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473
(34 U.S.C. 20101) in any fiscal year in excess of
$2,015,000,000 shall not be available for obligation until the
following fiscal year: Provided, That notwithstanding section
1402(d) of such Act, of the amounts available from the Fund for
obligation: (1) $10,000,000 shall be transferred to the
Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes
associated with this section; and (2) 5 percent shall be
available to the Office for Victims of Crime for grants,
consistent with the requirements of the Victims of Crime Act,
to Indian Tribes to improve services for victims of crime.
Sec. 511. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who
participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians
of such students.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant
to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and
shall submit reports to Congress on the progress of such
audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit described
in subsection (a) by an Inspector General is completed, the
Secretary, Attorney General, Administrator, Director, or
President, as appropriate, shall make the results of the audit
available to the public on the Internet website maintained by
the Department, Administration, Foundation, or Corporation,
respectively. The results shall be made available in redacted
form to exclude--
(1) any matter described in section 552(b) of title
5, United States Code; and
(2) sensitive personal information for any
individual, the public access to which could be used to
commit identity theft or for other inappropriate or
unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the
Secretary of Commerce, the Attorney General, the Administrator,
Director, or President, as appropriate, certifying that no
funds derived from the grant or contract will be made available
through a subcontract or in any other manner to another person
who has a financial interest in the person awarded the grant or
contract.
(d) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch
ethics program to all Federal departments, agencies, and
entities.
Sec. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments of
Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a
high-impact or moderate-impact information system, as defined
for security categorization in the National Institute of
Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information Systems''
unless the agency has--
(1) reviewed the supply chain risk for the
information systems against criteria developed by NIST
and the Federal Bureau of Investigation (FBI) to inform
acquisition decisions for high-impact and moderate-
impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the
presumptive awardee against available and relevant
threat information provided by the FBI and other
appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of
cyber-espionage or sabotage associated with the
acquisition of such system, including any risk
associated with such system being produced,
manufactured, or assembled by one or more entities
identified by the United States Government as posing a
cyber threat, including but not limited to, those that
may be owned, directed, or subsidized by the People's
Republic of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or the Russian
Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate-impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI,
and supply chain risk management experts, a mitigation
strategy for any identified risks;
(2) determined, in consultation with NIST and the
FBI, that the acquisition of such system is in the
national interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the
Senate and the agency Inspector General.
Sec. 515. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United
States Government.
Sec. 516. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 517. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair Credit
Reporting Act; The National Security Act of 1947; USA PATRIOT
Act; USA FREEDOM Act of 2015; and the laws amended by these
Acts.
Sec. 518. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling
more than $75,000,000 has reasonable cause to believe that the
total program cost has increased by 10 percent or more, the
program manager shall immediately inform the respective
Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate
Committees on Appropriations within 30 days in writing of such
increase, and shall include in such notice: the date on which
such determination was made; a statement of the reasons for
such increases; the action taken and proposed to be taken to
control future cost growth of the project; changes made in the
performance or schedule milestones and the degree to which such
changes have contributed to the increase in total program costs
or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the
project's management structure is adequate to control total
project or procurement costs.
Sec. 519. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or
intelligence related activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2021 until the enactment of the Intelligence Authorization
Act for fiscal year 2021.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee
certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the
contractor or grantee has filed all Federal tax returns
required during the three years preceding the certification,
has not been convicted of a criminal offense under the Internal
Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless
the assessment is the subject of an installment agreement or
offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial
proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, the
following funds are hereby permanently rescinded, not later
than September 30, 2021, from the following accounts in the
specified amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $10,000,000; and
(2) ``National Oceanic and Atmospheric
Administration, Fisheries Enforcement Asset Forfeiture
Fund'', $5,000,000.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby permanently
rescinded, not later than September 30, 2021, from the
following accounts in the specified amounts--
(1) ``Working Capital Fund'', $188,000,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $80,000,000 including from, but not limited
to, fees collected to defray expenses for the
automation of fingerprint identification and criminal
justice information services and associated costs;
(3) ``State and Local Law Enforcement Activities,
Office of Justice Programs'', $127,000,000; and
(4) ``State and Local Law Enforcement Activities,
Community Oriented Policing Services'', $15,000,000.
(c) The Departments of Commerce and Justice shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a report no later than September
1, 2021, specifying the amount of each rescission made pursuant
to subsections (a) and (b).
(d) The amounts rescinded in subsections (a) and (b) shall
not be from amounts that were designated by the Congress as an
emergency or disaster relief requirement pursuant to the
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 522. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 523. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency, who are
stationed in the United States, at any single conference
occurring outside the United States unless--
(1) such conference is a law enforcement training or
operational conference for law enforcement personnel
and the majority of Federal employees in attendance are
law enforcement personnel stationed outside the United
States; or
(2) such conference is a scientific conference and
the department or agency head determines that such
attendance is in the national interest and notifies the
Committees on Appropriations of the House of
Representatives and the Senate within at least 15 days
of that determination and the basis for that
determination.
Sec. 524. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the following:
(1) Details on future action the department, agency,
or instrumentality will take to resolve undisbursed
balances in expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in
expired grant accounts.
(3) Identification of undisbursed balances in expired
grant accounts that may be returned to the Treasury of
the United States.
(4) In the preceding 3 fiscal years, details on the
total number of expired grant accounts with undisbursed
balances (on the first day of each fiscal year) for the
department, agency, or instrumentality and the total
finances that have not been obligated to a specific
project remaining in the accounts.
Sec. 525. To the extent practicable, funds made available in
this Act should be used to purchase light bulbs that are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.
Sec. 526. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA), the Office of Science and Technology
Policy (OSTP), or the National Space Council (NSC) to develop,
design, plan, promulgate, implement, or execute a bilateral
policy, program, order, or contract of any kind to participate,
collaborate, or coordinate bilaterally in any way with China or
any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of
enactment of this Act.
(b) None of the funds made available by this Act may be used
to effectuate the hosting of official Chinese visitors at
facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA, OSTP, or NSC, after
consultation with the Federal Bureau of Investigation, have
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national
security or economic security implications to China or
a Chinese-owned company; and
(2) will not involve knowing interactions with
officials who have been determined by the United States
to have direct involvement with violations of human
rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of
Investigation, no later than 30 days prior to the activity in
question and shall include a description of the purpose of the
activity, its agenda, its major participants, and its location
and timing.
Sec. 527. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication, or other law
enforcement- or victim assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and
the United States Trade Representative, the National Space
Council, and the State Justice Institute shall submit spending
plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of
Representatives and the Senate not later than 45 days after the
date of enactment of this Act.
Sec. 529. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or for performance that does not meet
the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may
be used in contravention of section 7606 (``Legitimacy of
Industrial Hemp Research'') of the Agricultural Act of 2014
(Public Law 113-79) by the Department of Justice or the Drug
Enforcement Administration.
Sec. 531. None of the funds made available under this Act to
the Department of Justice may be used, with respect to any of
the States of Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii,
Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nevada, New Hampshire, New Jersey, New Mexico, New
York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, South Dakota,
Tennessee, Texas, Utah, Vermont, Virginia, Washington, West
Virginia, Wisconsin, and Wyoming, or with respect to the
District of Columbia, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, Guam, or Puerto
Rico, to prevent any of them from implementing their own laws
that authorize the use, distribution, possession, or
cultivation of medical marijuana.
Sec. 532. The Department of Commerce, the National
Aeronautics and Space Administration, and the National Science
Foundation shall provide a quarterly report to the Committees
on Appropriations of the House of Representatives and the
Senate on any official travel to China by any employee of such
Department or agency, including the purpose of such travel.
Sec. 533. None of the funds provided in this Act shall be
available for obligation for the James Webb Space Telescope
(JWST) after December 31, 2021, if the individual identified
under subsection (c)(2)(E) of section 30104 of title 51, United
States Code, as responsible for JWST determines that the
formulation and development costs (with development cost as
defined under section 30104 of title 51, United States Code)
are likely to exceed $8,802,700,000, unless the program is
modified so that the costs do not exceed $8,802,700,000.
Sec. 534. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided,
respectively, for Public Works grants authorized by the Public
Works and Economic Development Act of 1965 and grants
authorized by section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated for
assistance in persistent poverty counties: Provided, That for
purposes of this section, 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, or any
Territory or possession of the United States.
Sec. 535. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 536. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of
the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 537. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection with
requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of
this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any
Shipper's Export Declaration or notification letter
required by law, or from being otherwise eligible under
the laws of the United States to possess, ship,
transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components
and parts for such firearms, other than for end
use by the Federal Government, or a Provincial
or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm
listed in Category I, other than for end use by
the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to
another foreign destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified articles
specified in subsection (a) to Canada for end use in Canada or
return to the United States, or temporary import of Canadian-
origin items from Canada for end use in the United States or
return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines, upon
publication first in the Federal Register, that the Government
of Canada has implemented or maintained inadequate import
controls for the articles specified in subsection (a), such
that a significant diversion of such articles has and continues
to take place for use in international terrorism or in the
escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the
temporary requirements have ceased.
Sec. 538. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application submitted
pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to
27 CFR section 478.112 or .113, for a permit to import United
States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 539. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any
model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model
of shotgun, in the same configuration, had been denied
by the Attorney General prior to January 1, 2011, on
the basis that the shotgun was not particularly
suitable for or readily adaptable to sporting purposes.
Sec. 540. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the
Treaty.
Sec. 541. For an additional amount for ``United States
Marshals Service, Federal Prisoner Detention'', $125,000,000,
to remain available until expended, to prevent, prepare for,
and respond to coronavirus, domestically or internationally,
including for necessary expenses related to United States
prisoners in the custody of the United States Marshals Service,
to be used only as authorized by section 4013 of title 18,
United States Code: Provided, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 542. For an additional amount for ``Federal Bureau of
Investigation, Salaries and Expenses'', $179,000,000, to remain
available until September 30, 2022, to prevent, prepare for,
and respond to coronavirus, domestically or internationally,
including the impact of coronavirus on the work of the
Department of Justice, to make necessary improvements to the
National Instant Criminal Background Check System, and to
offset the loss resulting from the coronavirus pandemic of fees
collected pursuant to section 41104 of title 34, United States
Code: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 543. For an additional amount for ``Federal Prison
System, Salaries and Expenses'', $300,000,000, to remain
available until September 30, 2022, to prevent, prepare for,
and respond to coronavirus, domestically or internationally,
including the impact of coronavirus on the work of the
Department of Justice: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2021''.
[Clerk's note.--Reproduced below is the material relating
to division B contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H7922 of
Book III.
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DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 116-455
(``the House report'') carries the same weight as language
included in this joint explanatory statement and should be
complied with unless specifically addressed to the contrary in
this joint explanatory statement or the Act. The explanatory
statement, while repeating some language for emphasis, is not
intended to negate the language referred to above unless
expressly provided herein. In cases where the House report
directs the submission of a report, such report is to be
submitted to both the House and Senate Committees on
Appropriations (``the Committees'').
Each department and agency funded in this Act shall follow
the directions set forth in this Act and the accompanying
explanatory statement, and shall not reallocate resources or
reorganize activities except as provided herein. Reprogramming
procedures shall apply to: funds provided in this Act;
unobligated balances from previous appropriations Acts that are
available for obligation or expenditure in fiscal year 2021;
and non-appropriated resources such as fee collections that are
used to meet program requirements in fiscal year 2021. These
procedures are specified in section 505 of this Act.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. Any program,
project, or activity cited in this explanatory statement, or in
the House report and not changed by this Act, shall be
construed as the position of the Congress and shall not be
subject to reductions or reprogramming without prior approval
of the Committees. Further, any department or agency funded in
this Act that plans a reduction-in-force shall notify the
Committees by letter no later than 30 days in advance of the
date of any such planned personnel action.
When a department or agency submits a reprogramming or
transfer request to the Committees and does not receive
identical responses, it shall be the responsibility of the
department or agency seeking the reprogramming to reconcile the
differences between the two bodies before proceeding. If
reconciliation is not possible, the items in disagreement in
the reprogramming or transfer request shall be considered
unapproved. Departments and agencies shall not submit
reprogramming notifications after July 1, 2021, except in
extraordinary circumstances. Any such notification shall
include a description of the extraordinary circumstances.
In compliance with section 528 of this Act, each department
and agency funded in this Act shall submit spending plans,
signed by the respective department or agency head, for the
Committees' review not later than 45 days after enactment of
this Act.
For fiscal year 2021, all agencies and departments funded
in this Act are directed to follow prior year direction adopted
in Public Law 116-93, on the following topics for this fiscal
year: ``Fighting Waste, Fraud, and Abuse,'' ``Federal Vehicle
Fleet Management,'' ``Reducing Duplication and Improving
Efficiencies,'' ``Reprogrammings, Reorganizations, and
Relocations,'' ``Congressional Budget Justifications,''
``Reporting Requirements,'' and ``Reductions-in-Force.''
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The agreement includes $541,000,000 in total resources for
the International Trade Administration (ITA). This amount is
offset by $11,000,000 in estimated fee collections, resulting
in a direct appropriation of $530,000,000. The increased
funding level is intended to support current services,
requested adjustments to base, and programmatic increases
highlighted herein. Additionally, the agreement modifies the
House recommended funding level for Enforcement and Compliance
(E&C) and supports an increase above the fiscal year 2020
enacted level to meet ITA's operational requirements for E&C
and Industry and Analysis. Further, within the funds provided
the agreement includes up to $1,000,000 for the establishment
of the U.S. Section of the Secretariat within the Department of
Commerce as authorized under section 105 of the U.S.-Mexico-
Canada Agreement Implementation Act (Public Law 116-113).
Enforcement and Compliance.--Within the amounts provided,
the agreement includes the amounts requested for increases to
manage the anti-dumping and countervailing duties (AD/CVD)
workload and section 232 tariff exclusion applications. The
agreement acknowledges the exponential growth in AD/CVD orders
and directs ITA to prioritize its resources appropriately to
support ITA's ability to continue making AD/CVD enforcement a
priority, including self-initiating AD/CVD proceedings and
thoroughly investigating dumping and subsidies causing injury
to domestic businesses.
Aluminum Import Monitoring (AIM) System.--The agreement
provides increased funding within the amounts provided to
continue the development and implementation of the AIM system.
ITA is encouraged to regularly consult with representatives
from the aluminum industry to ensure the AIM system is meeting
its stated goal of supporting U.S. aluminum producers.
Global Markets.--The agreement provides no less than
$340,750,000 for Global Markets (GM), an increase of $7,750,000
above the fiscal year 2020 level. The agreement rejects the
proposed reduction to GM staffing levels and ITA is directed to
obligate adequate amounts for personnel compensation in order
to continue to fill vacancies, in line with direction provided
in Senate Report 116-127 and adopted by Public Law 116-93. The
agreement reaffirms prior year precedent that the Committees
will not approve any requests to close foreign or domestic
offices, including the Export Assistance Centers.
Rural Export Assistance.--The Secretary is encouraged to
continue to prioritize the Department's efforts to support and
expand international trade opportunities for rural businesses,
and the agreement provides no less than the fiscal year 2020
amount within GM toward rural export assistance.
Commercial Engagement in the Pacific Region.--Within
funding provided for GM, the Committee provides up to $400,000
for ITA to enhance commercial engagement in the Pacific region.
In so doing, ITA should identify and prioritize areas that
would bolster the diplomatic and national security interests of
the United States.
General Data Protection Regulation (GDPR).--ITA is
encouraged to continue efforts to educate small businesses
about the European Union's GDPR.
Resource Allocation and Workforce Planning.--The U.S.
Government Accountability Office (GAO) is directed to undertake
a follow-up to the report ``Commercial Service Workforce Should
Be Better Planned'' (GAO-10-874) that should include assessing
the priority of resource utilization within GM; analyzing the
workforce and succession strategy within U.S. and Foreign
Commercial Service (USFCS), including the percentage of senior
leadership and workforce diversity and inclusion; and reviewing
the current management structure of GM after the merger of the
USFCS with the Market Access and Compliance business unit.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The agreement includes $133,000,000 for the Bureau of
Industry and Security (BIS), an increase of $5,348,000 above
the fiscal year 2020 enacted level. The increased funding level
is intended to support current services, requested adjustments
to base, and requirements related to the product exclusion
process for steel and aluminum tariffs applied under section
232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862).
Export Control Regulatory Compliance Assistance.--BIS is
directed to continue educating companies of all sizes on their
obligations related to export controls, consistent with
direction provided in Senate Report 116-127 and adopted by
Public Law 116-93.
Sanction Violations.--BIS is directed to continue providing
a quarterly report regarding the compliance of ZTE Corporation
with the settlement agreement and relevant export control laws,
consistent with direction provided in Senate Report 116 127 and
adopted by Public Law 116-93.
Economic Development Administration
The agreement includes $346,000,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA). Section 521 of this Act includes a
rescission of $10,000,000 in Economic Development Assistance
Programs balances. Such funds shall be derived from recoveries
and unobligated grant funds that were not appropriated with
emergency or disaster relief designations.
Allocation of CARES Act Funds.--House language regarding
the Allocation of CARES Act Funds is adopted with the
clarification that the requirement for future spend plans to
include details about the geographic allocations of funds shall
only apply to funds provided in supplemental appropriations
acts. Additionally, EDA shall report to the Committees, no
later than 30 days after the end of each fiscal year, on the
geographic distribution of funds, by program, awarded during
such preceding fiscal year.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The agreement includes $305,500,000 for Economic
Development Assistance Programs (EDAP). Funds are to be
distributed as follows; any deviation of funds shall be subject
to the procedures set forth in section 505 of this Act:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Public Works............................................... $119,500
Partership Planning........................................ 33,500
Technical Assistance....................................... 10,000
Research and Evaluation.................................... 1,500
Trade Adjustment Assistance................................ 13,500
Economic Adjustment Assistance............................. 37,500
Assistance to Coal Communities............................. 33,500
Assistance to Nuclear Closure Communities.................. 16,500
Regional Innovation Program Grants......................... 38,000
STEM Apprenticeships....................................... 2,000
============
Total, Economic Development Assistance Programs.......... $205,500
------------------------------------------------------------------------
In selecting EDAP projects, EDA shall consider geographic
equity and ensure that projects in rural areas are adequately
represented among those selected for funding. In addition, EDA
is directed to coordinate with regional development
organizations to support projects that address rural economic
development challenges, including the opioid epidemic,
broadband access, and the need for innovation in legacy
industries, including in the use and value-added manufacturing
of forest products.
EDA is encouraged to use funding provided for EDAP to
support broadband infrastructure projects, particularly in
underserved areas, and public-private partnerships in
distressed communities seeking to diversify their local
workforce. EDA is further encouraged to consider outdoor
recreation projects that are consistent with a region's
Comprehensive Economic Development Strategy, as well as
projects in communities looking to expand the presence of
aeronautics-related industries. EDA is also reminded of the
need to continue to improve its technical assistance outreach
and capabilities, especially in communities that have been
affected by the decline of the manufacturing economy and those
which are poorly positioned to produce technically sufficient
proposals.
Further, EDA shall ensure, to the greatest extent
practicable, that its grant programs avoid duplication and
overlap with any other Federal grant programs.
Economic Adjustment Assistance (EAA).--Within funding for
EAA, the agreement provides no less than the fiscal year 2020
enacted level to support EDA's collaborations with the Delta
Regional Authority, the Appalachian Regional Commission, and
the Northern Border Regional Commission to assist distressed
communities. Eligible activities for the Northern Border
Regional Commission collaboration shall contribute to the
recovery of forest-based economies and may include support for
forest-based businesses, outdoor recreation infrastructure, and
activities that assist in the recruitment and retention of
employees in rural communities within the territory.
Regional Innovation Program (RIP).--The agreement provides
$38,000,000 to EDA for grants under RIP, also referred to as
Build to Scale (B2S). Of the amount provided for RIP grants, no
less than $30,000,000 shall be for the i6 Challenge, also
referred to as the B2S Venture Challenge, and no less than
$6,000,000 shall be for Seed Fund Support, also referred to as
the B2S Capital Challenge. As part of the fiscal year 2021
spend plan, EDA is directed to provide a detailed justification
for any funding provided herein that is intended to be used to
support a B2S Industry Challenge in fiscal year 2021.
EDA shall continue to ensure that RIP awards go to multiple
grantees in multiple and diverse geographic areas, including an
increased focus on organizations and States that have not
previously received funding from the program. Furthermore,
within funds provided for RIP, EDA shall award not less than 40
percent of grants to support rural communities.
New Forest Products.--Many forest based economies have
experienced disruption and decline in recent years. EDA is
encouraged to work, including through RIP, with communities and
regions that have been adversely impacted by rapid changes in
the timber and pulp marketplaces and to support projects that
help these communities develop related industries, including
commercialization of new forest products using low-grade wood.
This work may include the coordination of economic development
efforts across multiple States or Economic Development
Districts.
Energy Efficiency Projects.--The agreement encourages EDA
to provide technical guidance for any applicants interested in
funding for energy efficiency projects under the Economic
Adjustment Assistance program.
Science, Technology, Engineering, and Math (STEM)
Apprenticeship.--The agreement adopts House language on the
STEM Apprenticeship Pilot Program and provides $2,000,000.
Within these funds, the Committee directs EDA to prioritize
implementation grants.
Technical Assistance to Distressed Small, Rural, and
Underserved Communities.--Within the increase provided to the
Technical Assistance program, EDA is encouraged to support non-
profit organizations to assist economically distressed small,
rural, and underserved communities in pre-development
activities associated with accessing EDA programs and services.
SALARIES AND EXPENSES
The agreement includes $40,500,000 for EDA salaries and
expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The agreement includes $48,000,000 for the Minority
Business Development Agency (MBDA), an increase of $6,000,000
above the fiscal year 2020 level. The agreement directs MBDA to
allocate $32,000,000 of its total appropriation toward
cooperative agreements, external awards, and grants. The
agreement provides $9,000,000 for the Broad Agency
Announcements (BAA) program. MBDA is directed to focus awards
on innovation and entrepreneurship, formerly incarcerated
persons, global women's empowerment, virtual business
development, and access to finance. Further, of the funds
provided for the BAA program, $1,500,000 shall be for the HBCU/
HSI Entrepreneurship Pilot as described in the House report and
to include Tribal Colleges and Universities and Alaska Native
and Native Hawaiian Serving Institutions.
Business Centers.--The agreement provides not less than
$18,000,000 to continue MBDA's traditional Business Center
program and Specialty Project Center program. MBDA is directed
to execute the scheduled re-compete and to ensure no lapse in
Business Center services occurs while the re-compete is
ongoing. As part of this process, MBDA is encouraged to
consider applications from historically underserved regions of
the country and is directed to operate at least one Business
Center in each State with a plurality or a majority population
of a national minority group.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The agreement includes $111,855,000 for Economic and
Statistical Analysis.
Outdoor Recreation Satellite Account (ORSA).--The agreement
provides not less than $1,500,000 to continue implementing the
Outdoor Recreation Jobs and Economic Impact Act of 2016 (Public
Law 114-249). The Bureau of Economic Analysis (BEA) is directed
to continue working with the outdoor recreation industry,
nongovernmental organizations, and other interested
stakeholders to refine the national-level statistics and to
continue developing regional statistics. House report language
is modified to clarify that BEA shall provide appropriate
support to the Department of Labor in any workforce needs study
the Department of Labor may undertake that builds upon the
information provided by ORSA.
Income Growth Indicators.--BEA is directed to continue
development of income growth indicators, including providing
annual reports about income growth in each decile of the income
distribution.
Bureau of the Census
The agreement includes $1,106,644,000 for the Bureau of the
Census.
CURRENT SURVEYS AND PROGRAMS
The bill provides $288,403,000 for the Current Surveys and
Programs account of the Bureau of the Census.
Survey of Income and Program Participation (SIPP).--The
agreement rejects the proposed cut to SIPP and provides no less
than the fiscal year 2020 enacted level for this survey.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $818,241,000 in direct appropriations for
the Periodic Censuses and Programs account of the Bureau of the
Census. The agreement expects the availability of more than
$1,000,000,000 in prior year funds will provide the Census
Bureau sufficient funding to fully support its operational
requirements in fiscal year 2021, specifically as they relate
to the 2020 Decennial Census. The agreement assumes the
combination of prior year funds and fiscal year 2021 direct
appropriations will provide the Census Bureau with
$1,664,709,000 in available funds, of which $934,430,000 will
directly support the 2020 Decennial Census, as requested, and
in line with the Department's revised Independent Cost
Estimate. The agreement also makes available $91,000,000
identified as fiscal year 2021 contingency reserve for the 2020
Decennial Census in the Independent Cost Estimate. In addition,
the agreement expects that within available funds the Census
Bureau will fully support efforts to establish the Data Ingest
and Collection for the Enterprise (DICE), the next generation
of the Census Enterprise Data Collection and Processing
(CEDCaP) program.
Quarterly Status Reports.--The Census Bureau is directed to
continue its quarterly status reports to the Committees until
the tabulations of populations required under 13 U.S.C. 141(c)
are reported to the States.
2020 Census Operations Evaluation.--Within one year of
enactment of this Act, the Census Bureau shall submit an
initial report to the Committee evaluating the 2020 Census
operations, the ability to reach hard-to-count populations,
initial assessments of data quality, as well as the costs and
the adequacy of resource allocation throughout the Decennial
Census cycle. As part of this evaluation, the Bureau should
include elements such as modified operations, and the use of
secretarial and risk-based contingency funds.
2020 Census Data Availability.--The Bureau is encouraged to
work closely with stakeholders representing public interests,
the Census Advisory Committees, and the data user community to
ensure the availability of accurate data products for use by
the public. The Bureau should continue seeking regular feedback
from data users on disclosure avoidance and to evaluate privacy
protection methods being considered for other Bureau data
programs.
Ensuring the Integrity and Security of Surveys and Data.--
The agreement clarifies House report language and directs the
Census Bureau to coordinate with the Department of Homeland
Security, and other relevant agencies, to prepare for, prevent,
and disrupt cyber intrusions and disinformation campaigns that
have the potential to impact survey participation or compromise
data collected by the Census Bureau. The Bureau should also
coordinate with State and local stakeholders and private
industry, as appropriate. The agreement expects the Census
Bureau to prioritize these efforts and to update the Committee
on its efforts.
Utilizing Libraries and Community Partners for Census
Surveys.--The Census Bureau is encouraged to continue its
partnership with public libraries and other community
technology centers to maximize the response to the American
Community Survey and other surveys and assessments as
appropriate. The Bureau is encouraged to work with libraries
and library organizations, in coordination with the Institute
of Museum and Library Services, regarding training for library
staff and webinars or conference presentations to library
audiences about Census surveys and assessments.
Website Modernization.--The agreement supports the Census
Bureau's efforts to implement the requirements of the 21st
Century Integrated Digital Experience Act (IDEA) (Public Law
115-336) which will enable the Bureau to improve digital
service delivery and data dissemination. The Bureau is further
encouraged to implement requirements that effectively modernize
the Bureau's public-facing digital services and to leverage
cloud services for its website to help achieve cost savings,
efficiencies, and compliance with the IDEA website
modernization requirements.
American Community Survey (ACS).--The agreement supports
the ACS and directs the Bureau to continue using the ACS as a
testbed for innovative survey and data processing techniques
that can be used across the Bureau. In executing the ACS, the
Bureau should ensure that rural areas are covered with the same
accuracy as urban areas to the maximum extent practicable.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The agreement includes $45,500,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA). The allocation of funding provided in
the table in the House report is not adopted. Instead, the
agreement provides (1) up to $7,500,000 for broadband mapping
in coordination with the Federal Communications Commission
(FCC); (2) no less than the fiscal year 2020 enacted amount for
Broadband Programs; (3) $308,000 for Public Safety
Communications; and (4) no less than $3,000,000 above the
fiscal year 2020 enacted level for Advanced Communications
Research. Further, the agreement directs the additional funds
for Advanced Communications Research be used to procure and
maintain cutting-edge equipment for research and testing of the
next generation of communications technologies, including 5G,
as well as to hire staff as needed. The agreement further
encourages NTIA to improve the deployment of 5G and spectrum
sharing through academic partnerships to accelerate the
development of low-cost sensors. For fiscal year 2021, NTIA is
directed to follow prior year report language, included in
Senate Report 116-127 and adopted in Public Law 116-93, on the
following topics: Federal Spectrum Management, Spectrum
Management for Science, and the Internet Corporation for
Assigned Names and Numbers (ICANN).
Spectrum Management System.--The agreement encourages NTIA
and the Department to consider alternative proposals to fully
fund the needed upgrades to its spectrum management system,
including options outside of direct appropriations, and is
directed to brief the Committees regarding possible alternative
options no later than 90 days after enactment of this Act.
Next Generation Broadband in Rural Areas.--NTIA is
encouraged to ensure that deployment of last-mile broadband
infrastructure is targeted to areas that are currently unserved
or underserved, and to utilize public-private partnerships and
projects where Federal funding will not exceed 50 percent of a
project's total cost where practicable.
National Broadband Map Augmentation.--NTIA is directed to
engage with rural and Tribal communities to further enhance the
accuracy of the national broadband availability map. NTIA
should include in its fiscal year 2022 budget request an update
on rural- and Tribal-related broadband availability and access
trends, challenges, and Federal actions to achieve equitable
access to broadband services in currently underserved
communities throughout the Nation. Furthermore, NTIA is
encouraged, in coordination with the FCC, to develop and
promulgate a standardized process for collecting data from
State and local partners.
Domain Name Registration.--NTIA is directed, through its
position within the Governmental Advisory Committee, to work
with ICANN to expedite the establishment of a global access
model that provides law enforcement, intellectual property
rights holders, and third parties with timely access to
accurate domain name registration information for legitimate
purposes. NTIA is encouraged, as appropriate, to require
registrars and registries based in the United States to collect
and make public accurate domain name registration information.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes language making available to the
United States Patent and Trademark Office (USPTO)
$3,695,295,000, the full amount of offsetting fee collections
estimated for fiscal year 2021 by the Congressional Budget
Office. The agreement transfers $2,000,000 to the Office of
Inspector General to continue oversight and audits of USPTO
operations and budget transparency.
The Secretary and the USPTO Director are directed to
continue working with ITA and the Department of State to ensure
that USPTO's intellectual property attachs are included in
discussions and negotiations at the counselor rank and above.
National Institute of Standards and Technology
The agreement includes $1,034,500,000 for the National
Institute of Standards and Technology (NIST).
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $788,000,000 for NIST's Scientific
and Technical Research and Services (STRS) account, including
an increase of $16,350,000 for adjustments to base. The
agreement adopts the following within STRS: (1) House direction
on Quantum Information Science and provides $6,500,000 above
the fiscal year 2020 enacted amount; (2) House direction on
Greenhouse Gas Program and Urban Dome Initiative and $200,000
above the fiscal year 2020 enacted amount; (3) House direction
on Direct Air Capture and Carbon Dioxide Removal and
$3,000,000; and (4) House direction on Forward Looking Building
Standards. For fiscal year 2021, NIST is directed to follow
prior year report language, included in Senate Report 116-127
and adopted in Public Law 116-93, on the following topics:
Helmet Safety and Facial Recognition Vendor Test. House
language regarding 5G telecommunications funding is not
adopted.
NIST Diversity and Inclusion.--NIST is encouraged to take
discrete steps to promote racial and cultural acceptance and
diversity within its workforce. Within 180 days of enactment of
this Act, NIST is directed to submit a report analyzing the
current racial and cultural makeup of the agency; planned
efforts to recruit, retain, and advance applicants and
employees critical to promoting greater racial and cultural
diversity, and the outcomes of these efforts; and any
additional steps and recommendations planned to promote greater
racial and cultural acceptance and diversity throughout the
NIST workforce, including the development and analysis of
metrics to evaluate success.
Artificial Intelligence (AI).--The agreement includes no
less than $6,500,000 above the fiscal year 2020 level to
continue NIST's research efforts related to AI and adopts House
language on Data Characterization Standards in AI.
House language on Framework for Managing AI Risks is
modified to direct NIST to establish a multi-stakeholder
process for the development of an AI Risk Management Framework
regarding the reliability, robustness, and trustworthiness of
AI systems. Further, within 180 days of enactment of this Act,
NIST shall establish the process by which it will engage with
stakeholders throughout the multi-year framework development
process.
Cybersecurity.--The agreement includes no less than the
fiscal year 2020 enacted level for cybersecurity research,
outreach, industry partnerships, and other activities at NIST,
including the National Cybersecurity Center of Excellence
(NCCoE) and the National Initiative for Cybersecurity Education
(NICE). Within the funds provided, the agreement encourages
NIST to establish additional NICE cooperative agreements with
regional alliances and multi-stakeholder partnerships for
cybersecurity workforce and education.
Cybersecurity of Genomic Data.--The agreement includes no
less than $1,250,000 for NIST and NCCoE to initiate a use case,
in collaboration with industry and academia, to research the
cybersecurity of personally identifiable genomic data, with a
particular focus on better securing deoxyribonucleic acid
sequencing techniques, including clustered regularly
interspaced short palindromic repeat (CRISPR) technologies, and
genomic data storage architectures from cyber threats. NIST and
NCCoE should look to partner with entities who have existing
capability to research and develop state-of-the-art
cybersecurity technologies for the unique needs of genomic and
biomedical-based systems.
Industrial Internet of Things (IIoT).--The agreement
includes no less than the fiscal year 2020 enacted amount for
the continued development of an IIoT cybersecurity research
initiative and to partner, as appropriate, with academic
entities and industry to improve the sustainable security of
IIoT devices in industrial settings.
Measurement Science Research for Advanced Manufacturing.--
The agreement modifies House language on Measurement Science
Research for Advanced Manufacturing to encourage NIST to
prioritize new STRS funds for this work.
Pyrrhotite in Concrete Aggregate.--The agreement provides
no less than $2,000,000 for NIST to partner with academic
institutions to study and develop a reliable and cost-effective
standard for testing for the presence of excessive pyrrhotite
in concrete.
Forensic Sciences.--The agreement provides an increase of
$1,000,000 above the fiscal year 2020 level for forensic
sciences, including no less than $3,150,000 to support the
Organization of 22 Scientific Area Committees, and no less than
$1,200,000 to support technical merit evaluations.
Training Officers of the Court.--No later than 90 days
after enactment of this Act, NIST is directed to submit a plan
for how to implement training to help officers of the court
understand the science and concepts underlying the professional
analyses of forensic experts. The plan should include staffing
needs, necessary funding required, and possible topics of
instruction.
Plastics and Polymeric Materials.--The agreement provides
an increase of $250,000 above the fiscal year 2020 enacted
amount, for competitive external grants for academic
institutions to investigate plastic and polymeric materials, as
well as novel methods to characterize both known and newly
developed materials. Such investigations should address ways to
increase the strength of recycled plastics and better
understand mechanical properties including tensile stress,
compressive stress, thermal properties, and nanostructure of
polymeric materials that could serve as industry standards for
recycled plastic products.
Graphene Research and Commercialization.--The agreement
includes no less than the fiscal year 2020 enacted amount for
NIST to fund and pursue graphene research activities with
industry and academic institutions that have expertise,
existing capabilities, and infrastructure related to the
commercial application of graphene.
Unmanned Aerial Vehicle (UAV) Challenges and
Credentialing.--The agreement includes a total of $3,250,000
for NIST's UAV research challenges and credentialing program.
Within the funding provided, NIST shall continue to partner
with academic institutions to execute UAV prize-based
challenges that focus on expanding the role that UAVs could
play in emergency response operations. In addition, NIST shall
use no less than $1,000,000 of the funding provided to partner
with relevant academic institutions to establish the
measurements and standards infrastructure necessary for
credentialing remote pilots. This effort should include
implementation and demonstration of distributed pilot training
and evaluation using standard test methods and also support
flight test simulations.
Public Health Risk to First Responders.--The agreement
provides no less than the fiscal year 2020 enacted level for
NIST to continue the study of new and unused personal
protective equipment worn by firefighters to determine the
prevalence and concentration of per-and polyfluoroalkyl
substances (PFAS) in the equipment, as well as the extent to
which PFAS may be released from the gear during normal wear and
under what conditions.
INDUSTRIAL TECHNOLOGY SERVICES
The agreement includes $166,500,000 in total for Industrial
Technology Services, including $150,000,000 for the Hollings
Manufacturing Extension Partnership, an increase of $4,000,000
above the fiscal year 2020 enacted level. The agreement further
provides $16,500,000 for the Manufacturing USA Program,
formerly known as the National Network for Manufacturing
Innovation. Within the funding provided for Manufacturing USA,
no more than $5,000,000 may be used for coordination
activities, of which up to $1,000,000 may be used to support
the U.S. Food and Drug Administration's participation in
biomanufacturing innovation institutes; $10,000,000 shall be
used for the continuation of the existing NIST-funded
institute; and $1,500,000 shall be for a competitive grant
program to develop technology roadmaps for promising advanced
manufacturing clusters.
CONSTRUCTION OF RESEARCH FACILITIES
The agreement includes $80,000,000 for Construction of
Research Facilities, of which no less than $70,000,000 is for
NIST to address its most pressing Safety, Capacity,
Maintenance, and Major Repairs projects.
Facilities Report.--NIST is directed to contract with an
independent entity to develop a report that assesses the
comprehensive capital needs of NIST's campuses. The report, at
a minimum, should identify facilities in greatest need of
repair, describe the work needed to bring them up to current
standards, and include cost estimates for each project. NIST
shall provide the report with its recommendations to the
Committees no later than 1 year after the date of the contract
agreement between NIST and the contracted entity.
National Oceanic and Atmospheric Administration
Coastal Inundation Forecasting and Resilience.--House
direction regarding Coastal Inundation Forecasting and
Resilience is modified to direct the National Oceanic and
Atmospheric Administration (NOAA), rather than the Office of
Oceanic and Atmospheric Research, to develop and initiate a
cross-line office research agenda as described in the House
report. As part of this effort, NOAA shall consider the
establishment of a Cooperative Institute for Coastal Resilience
and Adaptation that could benefit existing coastal resilience
programs by providing additional research, data collection,
experience, and strengthened relationships with institutions
conducting coastal resilience and adaptation research and
applied science activities.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$4,103,971,000 under this account for NOAA's coastal,
fisheries, marine, weather, satellite, and other programs. This
total funding level includes $3,840,300,000 in direct
appropriations, a transfer of $246,171,000 from balances in the
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'' fund, and $17,500,000 derived from
recoveries of prior year obligations.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service (NOS).--$619,700,000 is for NOS
Operations, Research, and Facilities.
NATIONAL OCEAN SERVICE
Operation, Research and facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning:
Navigation, Observations and Positioning................. $162,500
Hydrographic Survey Priorities/Contracts................. 32,000
IOOS Regional Observations............................... 40,500
------------
Navigation, Observations and Positioning................... 235,000
------------
Coastal Science and Assessment:
Coastal Science, Assessment, Response and Restoration.... 86,500
Competitive Research..................................... 21,000
------------
Coastal Science and Assessment............................. 107,000
------------
Ocean and Coastal Management and Services:
Coastal Zone Management and Services..................... 46,700
Coastal Zone Management Grants........................... 78,500
National Oceans and Coastal Security Fund................ 34,000
Coral Reef Program....................................... 33,000
National Estuarine Research Reserve System............... 28,500
Sanctuaries and Marine Protected Areas................... 56,500
------------
Ocean and Costal Management and Services................... 277,200
------------
Total, National Ocean Service, Operations, Research, $619,700
and Facilities........................................
------------------------------------------------------------------------
Navigation, Observations and Positioning.--The agreement
rejects all of the proposed decreases within Navigation,
Observations and Positioning and directs NOS to follow prior
year direction adopted in Public Law 116-93, on the
distribution of Geospatial Modeling Grants.
Hydrographic Research and Technology Development.--The
agreement supports the intended use of funds requested for
Hydrographic Research and Technology Development and provides
an additional $1,000,000 above the fiscal year 2020 level for
these purposes. In addition, the agreement provides $2,000,000
above the request for NOAA to continue supporting joint ocean
and coastal mapping centers in other areas of the country as
authorized by the Omnibus Public Land Management Act of 2009
(Public Law 111-11). Additional funding is provided for the
designation of additional joint ocean and coastal mapping
centers in order to provide steady funding for existing
centers. NOAA shall not decrease funding levels for any
existing centers.
Ocean Mapping and Coastal Charting.--Within Navigation,
Observations and Positioning, the agreement provides $2,000,000
for NOS to coordinate and implement an interagency mapping,
exploration, and characterization strategy for the U.S.
Exclusive Economic Zone, as well as the Arctic and sub-Arctic
shoreline and nearshore of Alaska. For the latter activity,
NOAA shall work closely with the Alaska Mapping Executive
Committee and the State of Alaska to ensure that mapping
efforts are coordinated and adhere to the priorities identified
in the Alaska Coastal Mapping Strategy.
Precision Navigation.--As NOS concludes its two ongoing
precision navigation pilots in fiscal year 2021, NOAA is
directed to begin making preparations to commence additional
precision navigation projects. The agreement supports the
consideration of all U.S. seaports identified in the February
2020 Precision Navigation Socioeconomic Study for inclusion in
the next precision navigation project and directs that
preference shall be given to U.S. seaports that have immediate
access to multiple interstate and railroad systems and at least
10,000 miles of inland waterway connections, are ranked within
the top 15 by total tonnage of goods shipped and received, and
which are currently performing or scheduled to perform channel
expansion to accommodate larger draft vessels or already have
such capacity.
Coastal Survey Data.--NOS is directed to submit a report to
the Committees, within one year of enactment of this Act, on
progress it has made toward conducting comprehensive coastal
survey work in Alaska. The report shall detail steps taken to
implement NOAA's strategy, developed pursuant to section 3 of
the 2019 Presidential Memorandum on Ocean Mapping of the United
States, for mapping the Arctic and sub-Arctic shoreline and
nearshore of Alaska.
Modernization of the Vertical Datum.--The agreement
provides no less than the fiscal year 2020 enacted level for
the Gravity for the Re-Definition of the American Vertical
Datum initiative within the Geodesy program.
Hydrographic Surveys and Contracts.--For fiscal year 2021,
NOS shall follow prior year direction adopted in Public Law
116-93, on the following topics: Hydrographic Surveys and
Contracts and Hydrographic Charting in the Arctic.
Integrated Ocean Observing System (IOOS).--The agreement
includes $40,500,000 for IOOS Regional Observations and directs
NOS to expand the regional underwater profiling gliders program
consistent with House direction as well as for disaster
response and the forecasting of freshwater and marine water
quality.
Coastal Science, Assessment, Response and Restoration.--The
agreement provides no less than the fiscal year 2020 enacted
level for the Gulf of Mexico Disaster Response Center (DRC),
and directs NOS to continue to prioritize full staffing of the
DRC in fiscal year 2021. Additionally, the recommendation
includes $1,000,000 above the fiscal year 2020 enacted level
for the Disaster Preparedness Program.
Marine Debris Program.--The agreement provides no less than
$9,000,000 for the Marine Debris program and adopts House
language on the topic. NOS is encouraged to prioritize funding
for projects in urban communities that support waterway cleanup
efforts to remove any and all forms of marine debris, projects
in rural and remote communities that lack infrastructure to
address their marine debris problems, and projects that address
the impact of marine debris in fresh water systems that are a
source of drinking water.
National Centers for Coastal Ocean Science (NCCOS).--The
agreement provides $47,000,000 for NCCOS. NOS is directed to
consider expanding NCCOS's efforts related to coastal
sustainability and resilience, including assessing the effects
of land-use on coastal and marine resources, measuring societal
benefits of coastal restoration and green infrastructure,
encouraging citizen science monitoring of coastal and marine
resources, and assessing the adaptive capacity of human
communities to coastal hazards.
Harmful Algal Blooms (HABs).--Across NOS, the
recommendation includes an additional $5,500,000 for HABs work
as compared to fiscal year 2020. House direction and an
increase of $1,000,000 above the fiscal year 2020 enacted level
is adopted for NCCOS's HABs work. The agreement also adopts
House direction and provides $2,500,000 to continue and expand
the IOOS-sponsored pilot programs launched in fiscal year 2020
to enhance the monitoring and detection of HABs. In addition,
the agreement provides up to $1,000,000, from within funds
allocated to the IOOS-sponsored pilot programs, for IOOS to
establish an initial HABs monitoring and detection test bed in
the Gulf of Mexico. The agreement expects that the test bed
will deploy, operate, and test a range of technologies and also
determine the data management and dissemination needs for
operating and maintaining a complete end-to-end HABs detection
and monitoring system. The agreement encourages the testbed to
be established in an area that has experienced HABs in recent
years and which has existing expertise, infrastructure, and
collaboration between IOOS, an IOOS regional association, and
academic and State partners that can be readily leveraged.
The agreement provides $21,000,000 for Competitive
Research, including not less than $13,000,000 for HABs
research, and adopts House direction for these funds. From
within these funds, the agreement also provides up to
$2,000,000 to explore innovative methods to increase monitoring
and detection of HABs in freshwater systems by partnering with
a consortium of academic institutions with expertise in
unmanned aircraft systems.
Sea Level Rise and Coastal Resilience.--The agreement
provides an increase of $2,000,000 above the fiscal year 2020
enacted level within Coastal Science, Assessment, Response and
Restoration to address the increasing risk of coastal
inundation due to sea level rise consistent with House
direction. From within these increased funds, up to $1,000,000
shall be applied to the new Hydrology and Water Resources
Cooperative Institute described in the National Weather Service
section of this explanatory statement to accelerate the
Integrated Water Prediction (IWP) program and inform NOAA's
broader efforts on coastal inundation and resilience.
Regional Data Portals.--Within funding provided for Coastal
Zone Management and Services, $2,500,000 is for the regional
ocean partnerships, or their equivalent, to enhance their
capacity for sharing and integration of Federal and non-Federal
data to support regional coastal, ocean, and Great Lakes
management priorities.
Ocean Economy of the Territories.--The agreement adopts
House direction and funding for NOAA to include the five U.S.
territories in the estimate of the ocean economy.
Aquatic Invasive Species.--NOAA is directed to establish
the Coastal Aquatic Invasive Species Mitigation Grant Program
and Mitigation Fund, as authorized by the Vessel Incident
Discharge Act of 2018 (Public Law 115-282).
National Oceans and Coastal Security Fund.--The agreement
provides $34,000,000 for the National Oceans and Coastal
Security Fund, also known as the Title IX Fund or the National
Coastal Resilience Fund. Of the amount provided, not less than
$3,000,000 shall be for project planning and design.
Coral Reefs.--The recommendation provides $33,000,000 for
the Coral Reef Program and adopts the House language. Within
these funds, the agreement provides up to $8,500,000 for NOS to
work with academic institutions and non-governmental research
organizations to establish innovative active restoration
projects to restore degraded coral reefs, such as projects like
``Mission: Iconic Reef.''
Marine National Monuments.--Within funding provided for
Sanctuaries and Marine Protected Areas, up to $1,200,000 may be
used for competitive research, management, and education grants
for existing marine national monuments administered by NOS,
provided that such grants are subject to a 100 percent non-
Federal match.
Papahanaumokuakea Sanctuary Designation.--NOAA is directed
to initiate the process under the National Marine Sanctuaries
Act (16 U.S.C. 1431 et seq.) to designate the Papah?naumoku?kea
Marine National Monument as a National Marine Sanctuary to
supplement and complement, rather than supplant, existing
authorities. NOAA shall provide the Committees an update on
this designation before the end of fiscal year 2021.
National Marine Fisheries Service (NMFS).--$964,862,000 is
for NMFS Operations, Research, and Facilities.
NATIONAL MARINE FISHERIES SERVICE
Operations, Research and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Resources Science and Management:
Marine Mammals, Sea Turtles, and Other Species........... $125,164
Species Recovery Grants.................................. 7,000
Atlantic Salmon.......................................... 6,500
Pacific Salmon........................................... 67,000
------------
Protected Resources Science and Management................. 205,664
------------
Fisheries Science and Management:
Fisheries and Ecosystem Science Programs and Services.... 146,927
Fisheries Data Collections, Surveys, and Assessments..... 175,927
Observers and Training................................... 55,468
Fisheries Management Programs and Services............... 123,836
Aquaculture.............................................. 17,500
Salmon Management Activities............................. 62,050
Regional Councils and Fisheries Commissions.............. 41,500
Interjurisdicational Fisheries Grants.................... 3,365
------------
Fisheries Science and Management........................... 625,573
------------
Enforcement................................................ 75,000
------------
Habitat Conservation and Restoration....................... 57,625
------------
Total, National Marine Fisheries Service, Operations, $964,862
Research, and Facilities..............................
------------------------------------------------------------------------
For fiscal year 2021, NMFS shall follow prior year Senate
direction and, if applicable, funding levels adopted by Public
Law 116-93 on the following topics: Promote and Develop
Fisheries Products and Research Funding Transfer, Saltonstall-
Kennedy Grant Program, NMFS Staffing, Hawaiian Monk Seal and
Sea Turtles, Species Recovery Grants, Atlantic Salmon, Pacific
Salmon, American Lobster and Jonah Crab Research, Electronic
Monitoring and Reporting, International Fisheries Management
Coordination, Bycatch Reduction, Atlantic Herring Stock
Assessment, and Seafood Reporting. The agreement also adopts
House language on Foreign Fisheries and provides $750,000 for
this work, but does not adopt House language on Video Review of
Electronic Monitoring Data. The agreement maintains the
existing budget structure for Regional Councils and Fisheries
Commissions.
False Killer Whales.--Within the funding provided for
Marine Mammals, Sea Turtles, and Other Species, the agreement
includes $1,000,000 for NMFS to study interactions between the
U.S. fishing fleet and false killer whales in the Western
Pacific.
Unusual Mortality Events (UMEs).--NMFS is directed to
submit a report, within 90 days of enactment of this Act,
showing how funds from the Unusual Mortality Event Fund have
been disbursed during UMEs active within the past 10 years. The
report shall include what specific services and incurred costs
have been financed or reimbursed by NOAA as well as an overview
of services provided by Tribal partners, including, but not
limited to, carcass retrieval and shipment, regardless of
whether or not compensation was provided for these services or
related expenses were reimbursed.
North Atlantic Right Whale.--The agreement rejects the
proposed reduction and provides an additional $2,000,000 above
the fiscal year 2020 enacted level within Marine Mammals, Sea
Turtles, and Other Species for North Atlantic right whale-
related research, development, and conservation efforts. These
additional funds shall be spent as outlined in the House
language. Within funding provided, not less than $1,000,000
shall be to support the existing pilot program to develop,
refine, and field test innovative lobster fishing gear
technologies as directed in Public Law 116-93.
NOAA shall continue to support disentanglement, stranding
response, necropsy activities, aerial surveys, and passive
acoustic monitoring in the waters of the Atlantic Ocean, and is
encouraged to develop a habitat suitability index and long-term
tagging methods. Further, NMFS is directed to continue to work
in coordination with counterparts in the Canadian government to
reduce risks throughout the range of the North Atlantic right
whale.
In any rulemaking regarding the North Atlantic right whale,
NMFS shall incorporate recent research on the species' primary
food source, Calanus finmarchicus, which indicates these
zooplankton have decreased in abundance in the Gulf of Maine
since 2010. NOAA is also directed to fully evaluate the
feasibility, as well as the safety and economic implications,
of any management actions relating to the North Atlantic right
whale. Further, the North Atlantic right whale risk reduction
target proposed by NMFS depends heavily on how unknown
entanglements are assigned to individual fisheries and
countries. Any misattributions of whale entanglements that NMFS
has acknowledged must be considered by NMFS and incorporated in
relevant rulemaking.
Risk Reduction Credit.--Should NOAA award risk reduction
credit to any State as part of the current North Atlantic right
whale take reduction management process, the agency shall also
ensure that other States have the opportunity to receive credit
for past management actions.
Assessment of Fishing Interference.--The agreement directs
NMFS to undertake a review, no later than 90 days after
enactment of this Act, to assess and better understand the
occurrence of conflicts between dolphins and sharks and
commercial, for-hire, and recreational fishing vessels in the
Gulf of Mexico and South Atlantic. The review should provide:
(1) a quantification, to the extent practicable within existing
resources, of the degree to which dolphins and sharks interfere
with commercial, charter, and recreational fishing; and (2)
recommendations for non-lethal methods to deter dolphins and
sharks from interfering with commercial, for-hire, and
recreational fishing, in accordance with existing laws. NMFS
shall report to the Committees on the results of the review no
later than one year after the review is commenced. In
conducting the review, NMFS shall consult with the Marine
Mammal Commission, the Gulf of Mexico Fishery Management
Council, the South Atlantic Fishery Management Council, the
Atlantic Highly Migratory Species Advisory Panel, and conduct
outreach to commercial, for-hire, and recreational fishermen.
Northeast Groundfish Research.--Within funding provided for
Fisheries and Ecosystem Science Programs and Services, the
agreement provides $2,500,000 for Northeast groundfish
research, with a focus on the effects of changing climatic
conditions and warming waters on the fishery, including stock
health and natural mortality. NOAA is further encouraged to
prioritize research regarding relative gear efficiency, stock
boundaries, and other topics that can improve groundfish stock
assessments in the next five years. Within funding provided,
$500,000 shall be obligated to develop methods for improving
and increasing utilization of the full range of available
fishery-dependent data to better inform groundfish stock
abundance estimates. This should include a review of
statistical strengths and weaknesses of existing bottom trawl
surveys for different species and the development of
alternative data sources and sampling methods that will augment
and improve groundfish stock assessments as recommended in the
2020 report of the Groundfish Trawl Task Force. This funding is
intended to support new and innovative research, including by
the Northeast Fisheries Science Center (NEFSC), separately by,
or in collaboration with, outside partners such as higher
education institutions or State agencies, and in cooperation
with the fishing industry.
Fisheries Information Systems Grants.--The agreement
includes no less than the fiscal year 2020 enacted amount for
Fisheries Information Systems grants.
Cooperative Research.--The agreement provides no less than
$13,000,000 for the Cooperative Research program. NMFS is
directed to prioritize trawl surveys that are designed and
conducted cooperatively with industry and States to provide
empirical measures of fish stock abundance, such as swept area
biomass surveys. NMFS is encouraged to prioritize studies
conducted cooperatively with States, industry, and nonprofit
institutions using video systems deployed in commercial trawl
nets for surveys. NMFS is also encouraged to focus on improving
understanding of natural mortality and relative gear efficiency
to ensure accurate measures of catchability.
The NEFSC is directed to consider prioritizing cooperative
research efforts for species that are experiencing shifts in
range and population density due to warming waters and other
global environmental changes. Further, NMFS is encouraged to
prioritize data collection that may be affected by offshore
wind energy development.
Gulf Reef Fish.--Within funding for Fisheries and Ecosystem
Science Programs and Services, the agreement includes no less
than $2,000,000 for NMFS to support Gulf reef fish surveys,
research, and sampling. NMFS is also encouraged to continue to
collaborate with NOAA's Office of Oceanic and Atmospheric
Research on the agency-independent reef fish population
assessments funded within Sea Grant.
State Management for Recreational Red Snapper.--Within the
amount provided for Fisheries Data Collections, Surveys, and
Assessments, the agreement includes $5,000,000 for NMFS to
continue to work with the Gulf States to ensure successful
implementation of State management for recreational red
snapper. The agreement reiterates past direction that these
efforts shall be a top priority for NOAA, and that such efforts
shall be done in coordination with the Gulf States.
Many are concerned by the results of recent efforts by NMFS
to calibrate each Gulf State's catch data program to catch data
derived by the Marine Recreational Information Program (MRIP),
which in some cases resulted in significant discrepancies
between the Federal and State catch statistics for red snapper.
The discrepancies are large enough that it calls into question
whether MRIP is providing the best account of the fishery,
especially when available data from the Gulf States suggest
otherwise. Therefore, before making any related regulatory
changes, NMFS is directed to address the question of which data
collection system (i.e., MRIP or the catch data programs
administered by the Gulf States) are providing the best
estimates of recreational red snapper catch in the Gulf of
Mexico. The agreement includes $2,000,000, from within the
funding provided to support State management of red snapper,
for NMFS to contract with a non-governmental entity with
expertise in statistics and fisheries-dependent data collection
to provide the following: (1) an independent assessment of the
accuracy and precision of both the Federal and State
recreational catch data programs in the Gulf of Mexico; (2)
recommended improvements to be made to the Federal and State
recreational catch data programs in the Gulf of Mexico to
improve accuracy and precision; and (3) an independent
assessment, based on the results of the two prior items, of how
best to calibrate the Federal and State recreational catch data
programs in the Gulf of Mexico to a common currency.
South Atlantic Reef Fish.--The agreement provides no less
than $1,800,000 with the instructions contained in the House
report.
Data Collection for Recreational Fisheries.--The agreement
includes no less than $3,500,000 within Fisheries Data
Collections, Surveys, and Assessments, to support collaborative
programs focused on improving recreational fishery data
collection, as articulated in sections 102, 201, and 202 of
Public Law 115-405. This funding should focus on assisting
States to establish, test, and implement more reliable
recreational fishery data collection tools, such as smartphone
applications or text messaging supplements. In addition, NMFS
is directed to support efforts by the Regional Fishery
Management Councils to implement section 102 of Public Law 115-
405, including the shared initiative between the Gulf of Mexico
and South Atlantic Fishery Management Councils to establish a
joint committee.
Northeast Multispecies Fishery.--NOAA is directed to fully
fund the At-Sea Monitoring costs in the New England groundfish
fishery, including sea and shore side infrastructure costs, and
shall ensure the costs and benefits of At-Sea Monitoring are
commensurate with the gross revenues of vessels in the fishery.
The agreement provides no less than the fiscal year 2020
enacted amount within Observers and Training for this purpose.
Before obligating any of these funds, NOAA shall provide the
Committees with a detailed spending plan. The Committees also
look forward to receiving the report requested by Public Law
116-93 outlining the current status of electronic monitoring
and reporting technology for the Northeast multispecies
fishery.
North Pacific Observer Coverage.--Within Observers and
Training, the agreement includes no less than $7,500,000 for
the North Pacific Observers Program. This additional funding
shall be used to offset observer costs normally paid for by
harvesters in fisheries that are undertaking a transition to
electronic monitoring and reporting. Additionally, NOAA is
encouraged to identify and implement any efficiencies that
would mitigate the cost burden shouldered by small vessel
operators in the fixed-gear fleet.
For-Hire Electronic Monitoring and Reporting
Implementation.--The agreement provides no less than $2,250,000
within Fisheries Management Programs and Services and
$1,500,000 within Enforcement to support the continued and
timely implementation of electronic logbooks for the federally
permitted charter-for-hire sector in the Gulf of Mexico.
Fisheries Surveys and Offshore Wind.--The agreement
provides $500,000 within Fisheries and Ecosystem Science
Programs and Services to ensure the continuity of fisheries
survey data that may be affected by offshore wind energy
development and $500,000 within Fisheries Management Programs
and Services to support the permitting process.
Fisheries Surveys.-- Within funds for Fisheries Data
Collections, Surveys, and Assessments, the agreement provides
$1,000,000 above the fiscal year 2020 enacted amount for NMFS
fishery and ecosystem research surveys and directs NMFS take
the necessary steps to ensure that historical levels of survey
coverage are achieved without disruption in fiscal year 2021.
At this funding level NMFS is expected to contract no fewer
than six surveys for Alaskan bottom trawl surveys and
cooperative research, including a survey to capture movement of
fish populations out of historic survey areas, and no fewer
than four vessels for West Coast groundfish surveys.
Northwest Fisheries Ecosystem Monitoring System.--Within
funds for Fisheries Data Collections, Surveys, and Assessments,
the agreement provides $500,000 to maintain a time-series
monitoring system that includes no less than monthly data
collection, analysis, and dissemination of hydrographic and
ecological data to inform fishery management on the Northern
California Current.
Western Atlantic Bluefin Tuna (ABFT).--Many are concerned
by NOAA's April 2, 2020, rulemaking to reopen for commercial
long-line fishing two gear-restricted areas (GRAs) in the Gulf
of Mexico that were previously closed annually during April and
May to protect spawning ABFT. The hypothetical basis for this
rulemaking--that all of the management measures previously in
place for ABFT in the Gulf of Mexico may not be necessary in
tandem and that such measures are inhibiting the harvest of
other target species--is questioned because of the following
facts: (1) the Gulf of Mexico is the primary spawning ground
for ABFT, and recovery of the still depleted stock requires
that spawning fish be protected; and (2) the management
measures implemented in 2015, the Individual Bluefin Quota and
time-area closures, have in tandem, not individually, reduced
ABFT discards and catch during peak spawning months. Therefore,
NOAA is directed to reconsider the decision to open the two
GRAs in the Gulf of Mexico. If the status quo is maintained,
NOAA shall increase monitoring efforts within the GRAs through
100 percent human observer coverage and by making publicly
available all Gulf of Mexico ABFT catch data, broken down both
inside and outside the GRAs, on a weekly basis and within one
week of catch, during the months of April and May in order to
allow for increased oversight to ensure that this rule does not
result in the longline fishery exceeding their ABFT catch
limits.
Harmful Drift Gillnets.--NMFS is encouraged to establish a
pilot program to assist fishermen in replacing large-mesh drift
gillnets with more sustainable gear and to consider actions to
ban the use of drift gillnets in Federal waters off the coast
of California.
Marine Aquaculture.--The agreement includes no less than
$500,000 in the Aquaculture Program, Project, or Activity (PPA)
for NMFS, in collaboration with NOS, to perform activities in
support of the identification of at least two aquaculture
opportunity areas, as called for in section 7 of the May 7,
2020, Presidential Executive Order on Promoting American
Seafood and Competitiveness and Economic Growth. The agreement
also provides up to $500,000 above the fiscal year 2020 enacted
level in the Aquaculture PPA to increase the amount of staff
focused on aquaculture at all NMFS fisheries science centers.
Within the funding provided, NOAA is encouraged to return
staffing levels to those in fiscal year 2010 at the Northeast
and Northwest Fisheries Science Centers.
Regional Pilots in Sustainable Aquaculture.--The agreement
includes $2,000,000 in the Aquaculture PPA for the NMFS
Aquaculture Office to continue the regional aquaculture pilot
program, in partnership with the three interstate marine
fisheries commissions, to establish partnerships between the
seafood industry and community partners that can develop,
validate, and deploy economically and environmentally
sustainable aquatic farming techniques and regional business
practices to grow domestic seafood production. To maximize the
impact of these pilot grants, NMFS is encouraged to give
priority consideration to promising but less commercially
developed technologies, such as those targeting shellfish,
seaweed, and other relative newcomers to the domestic
aquaculture industry.
In addition, the agreement provides no less than $2,000,000
for the NMFS Aquaculture Office, in partnership with the Gulf
States Marine Fisheries Commission, to partner with a
university or consortium of universities to establish a multi-
year demonstration pilot of an Integrated Multi-Trophic
Aquaculture (IMTA) system in State waters of the Gulf of
Mexico, which shall culture native species of finfish, bivalve
mollusks, and macroalgae. The pilot is to be for research,
training, and educational purposes only and should involve
students, fishermen, and farmers, and shall endeavor to inform
how to adapt IMTA methods and systems, in an environmentally
and ecologically balanced manner, for deployment in warm water
environments.
Salmon Management Activities.--Within the amount included
for Salmon Management Activities, the agreement provides
$39,500,000, an increase of $4,000,000 above the fiscal year
2020 enacted level, to enable NOAA, the Pacific States, and
Tribal communities to continue activities in support of the
obligations set forth in the renegotiated annex of the Pacific
Salmon Treaty (PST). No less than $20,000,000 of the funds
provided shall be made available to support ongoing and new
implementation and mitigation activities for the PST. Before
any of these funds may be obligated, NOAA is directed to
provide the Committees with a detailed spending plan that is
reflective of the funding recommendations produced by the U.S.
section of the Pacific communities to continue activities in
support of the obligations set forth in the renegotiated annex
of the Pacific Salmon Treaty (PST). No less than $20,000,000 of
the funds provided shall be made available to support ongoing
Salmon Commission. In doing so, NOAA is directed to consult
with the Pacific States, Tribal communities, and other
stakeholders. Further, NOAA is encouraged to minimize, to the
extent practicable, the amount of funds withheld for
administrative expenses.
Salmon and Steelhead Monitoring.--The agreement recognizes
that NOAA intends to continue funding research in fiscal year
2021 to monitor mortality of spring Chinook salmon in the
Columbia River in order to understand the impacts of marine
mammal predation. Not later than 60 days after submission of
the President's budget for fiscal year 2022, NOAA is directed
to brief the Committees on the research priorities of the
Northwest Fisheries Science Center and the prospect of
expanding research to include monitoring fall Chinook salmon
and steelhead mortality from marine mammals.
Mitchell Act.--The agreement rejects the proposed reduction
and provides not less than $22,000,000 for Mitchell Act
mitigation hatchery programs, in recognition of the important
cultural, ecological, and economic benefits that these programs
provide for the people of the Columbia River Basin. NOAA is
directed to continue genetic stock identification for salmon
recovery and management.
Interstate Marine Fisheries Commissions.--Within the amount
provided for Regional Councils and Fisheries Commissions, no
less than $1,850,000 shall be for the three Interstate Marine
Fisheries Commissions.
Northeast Lobster Enforcement.--Within Enforcement, the
agreement includes no less than $750,000 for NMFS, in
partnership with the relevant States, Joint Enforcement
Agreement partner agencies, and the Atlantic States Marine
Fisheries Commission, to establish a pilot cooperative offshore
lobster enforcement program. The program shall endeavor to
establish multi-year contracts with commercial vessels, which
are not participating in the lobster fishery but are capable of
hauling deep-set gear, to carry law enforcement officials to
oversee inspection of offshore lobster gear. As part of the
establishment of the program, NMFS shall consider (1)
implementing measures to increase the tracking of vessels
participating in the offshore lobster fishery and (2) how the
resulting increase in enforcement and/or any enforcement
actions (e.g., seizure of illegal gear) could count towards
risk-reduction under the North Atlantic right whale take
reduction program. NMFS shall report to the Committees in
writing on the status of the program, beginning not later than
180 days after enactment of this Act, and every 90 days
thereafter until the program is established.
Report on Illegal, Unreported, and Unregulated (IUU)
Fishing.--In lieu of House language requesting a report on IUU
enforcement and seafood traceability, NMFS is directed to
provide a report, within 90 days of enactment of this Act, that
summarizes ongoing efforts to prevent the importation of
seafood harvested through IUU fishing and address imported
seafood fraud. The report should include the following: (1) the
volume and value of seafood species subject to the Seafood
Import Monitoring Program (SIMP) imported during fiscal year
2020; (2) the enforcement activities carried out under SIMP;
(3) the percentage of import shipments subject to SIMP selected
for inspection or audit; (4) the number of instances of
noncompliance with the SIMP requirements; (5) the seafood
species in which such noncompliance were found to be the most
prevalent; and (6) such other information that NMFS considers
appropriate with respect to SIMP monitoring and enforcing
compliance.
Definition of Illegal, Unreported, and Unregulated
Fishing.--Not later than 90 days after enactment of this Act,
NOAA shall revise existing regulations defining IUU fishing,
provided in 50 C.F.R 300.201, to be consistent with the
definition codified in section 3532(6) of Public Law 116-92.
Habitat Conservation and Restoration.--Within Habitat
Conservation and Restoration, NOAA is encouraged to include a
broader ecosystem-based management philosophy; expand criteria
to include recreational species, managed commercial species,
and forage species; and prioritize proposals that engage local
communities. NOAA should also continue to emphasize the value
of partnerships when evaluating grant applications.
Oyster Restoration.--The agreement provides $250,000 above
the fiscal year 2020 enacted level within Habitat Conservation
and Restoration to support oyster restoration in the Chesapeake
Bay.
Marine National Monuments.--The Offices of Habitat
Conservation and Protected Resources are encouraged to support
competitive research and management grants for existing marine
national monuments off of the continental United States
administered by NMFS, provided such grants are subject to a 100
percent non-Federal match.
Office of Oceanic and Atmospheric Research (OAR).--
$570,590,000 is for OAR Operations, Research, and Facilities.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research:
Climate Laboratories and Cooperative Institutes.......... $75,500
Regional Climate Data and Information.................... 42,500
Climate Competitive Research............................. 64,000
Climate Research........................................... 182,000
============
Weather and Air Chemistry Research:
Weather Laboratories and Cooperative Institutes.......... 85,500
U.S. Weather Research Program............................ 26,500
Tornado Severe Storm Research/Phased Array Radar......... 14,382
Joint Technology Transfer Initiative..................... 13,000
============
Weather and Air Chemistry Research......................... 139,382
============
Ocean, Coastal, and Great Lakes Research:
Ocean Laboratories and Cooperative Institutes............ 36,500
National Sea Grant College Program....................... 75,000
Sea Grant Aquaculture Research........................... 13,000
Ocean Exploration and Research........................... 43,000
Integrated Ocean Acidification........................... 15,500
Sustained Ocean Observations and Monitoring.............. 45,408
National Oceanographic Partnership Program............... 3,000
Ocean, Coastal, and Great Lakes Research................... 231,408
============
High Performance Computing Initiatives..................... 17,800
============
Total, Office of Oceanic and Atmospheric Research, $570,590
Operations, Research, and Facilities..................
------------------------------------------------------------------------
The agreement adopts House direction and funding for
Atmospheric Baseline Observatories as well as House language
and an increase of $2,500,000 above the fiscal year 2020
enacted level for the Regional Integrated Sciences and
Assessments program. Further, the agreement encourages NOAA to
increase collaboration with the Department of Energy in its
climate research and modeling efforts, including, as
appropriate, the sharing of resources and the exchange of
detailees, in order to minimize the duplication of efforts and
to increase the cross pollination of ideas and research.
Earth's Radiation Budget.--The agreement adopts House
language and provides $9,000,000 for Earth's Radiation Budget,
and directs OAR to coordinate this work with the National
Aeronautics and Space Administration (NASA), as appropriate.
VORTEX-USA.--The agreement provides $7,500,000 to initiate
the implementation of a tornado warning improvement and
extension program as authorized in the Weather Research and
Forecasting Innovation Act of 2017 (Public Law 115-25), and to
be known as VORTEX-USA. In developing the program plan and
annual budget, as authorized by Public Law 115-25, OAR shall
consider all options across the technology readiness scale to
reduce the loss of life and economic damage caused by
tornadoes, including expanding atmospheric observations,
advancing radar technology, and improving the delivery of
actionable weather information, and shall include as part of
the program plan quantitative goals for improving the
prediction of tornadoes by which the Committees can measure the
success of any investments. The VORTEX-SE program shall
continue and be closely coordinated with this broader
initiative, and, within these funds, the agreement provides an
increase of no less than $2,000,000 above the fiscal year 2020
level to expand the VORTEX-SE efforts.
U.S. Weather Research Program (USWRP).--The agreement
rejects the proposal to cut base funding for USWRP. Within the
funding provided for USWRP, no less than $13,000,000, an
increase of $5,000,000 above the fiscal year 2020 enacted
amount, is included for the Earth Prediction Innovation Center
(EPIC) and House language on EPIC is adopted. Further, NOAA is
expected to finalize and award the EPIC contract in fiscal year
2021, and continue building the community-based infrastructure
so that participants can utilize external compute resources,
including cloud technologies, to interface with the agency. It
is also expected that NOAA will continue to centralize
available observations used in operational models in a publicly
accessible manner by leveraging cloud technology within the
EPIC infrastructure.
Within funding for USWRP, the agreement provides $1,000,000
to support external opportunities with academic institutions in
promising areas of weather-related research that may advance
NOAA's mission and benefit society, including infrasonic
monitoring methods of violent weather.
National Sea Grant College Program.--The agreement provides
$75,000,000 for the National Sea Grant College Program,
including an increase of $2,500,000 as compared to the fiscal
year 2020 enacted level for the base program that funds
universities in States around the country.
Fisheries-Related Research.--The agreement includes
$2,500,000 within Sea Grant to fully fund the project initiated
in fiscal year 2020 to develop agency-independent estimates of
the abundance of greater amberjack in the Gulf of Mexico.
Within the funding provided, the Committee also encourages Sea
Grant to establish a regional extension initiative for Gulf of
Mexico reef fish.
American Lobster Research.--Within funding for the Sea
Grant program, the agreement provides $2,000,000 for American
lobster research as directed in Public Law 116-93.
Green Infrastructure.--The agreement provides $500,000 for
the Sea Grant program to partner with local, regional, and
State governments, as well as with non-governmental
organizations, to research innovative techniques and use of
low-impact development and green infrastructure practices to
mitigate runoff from developed lands that contribute to
nutrient-driven cyanobacteria blooms, and otherwise pollute
freshwater aquatic systems, especially large lakes.
Contaminants of Emerging Concern.--The agreement provides
$500,000 within the Sea Grant program to partner with State
agencies and academic institutions to research and monitor
contaminants of emerging concern that may cause ecological or
human health impacts, including PFAS, in coastal and estuarine
waters.
Microfiber Research.--The Sea Grant program is encouraged
to support interdisciplinary research on the impact of
microfiber pollution on aquatic environments that leverages
public-private partnerships and focuses on identifying and
characterizing microfibers in textile products, as well as
determining their impact on aquatic environments and species.
Sea Grant Aquaculture Research.--The agreement provides
$13,000,000 for Sea Grant Aquaculture Research. NOAA is
directed to support marine aquaculture research and development
in partnership with universities, including with Historically
Black Colleges and Universities and Tribal Colleges and
Universities. Similar research efforts have led to beneficial
outcomes such as the development and commercialization of new
technologies to meet the domestic demand for seafood, including
finfish, shrimp, and oysters.
Ocean Exploration and Research.--The agreement provides
$43,000,000 for Ocean Exploration and Research. Within the
funding provided, OAR is directed to accelerate efforts to map
and characterize America's Exclusive Economic Zone and Extended
Outer Continental Shelf, including by maximizing the amount of
funding provided for the Ocean Exploration Cooperative
Institute and supporting competitive awards for deep ocean
acoustic research. NOAA is also encouraged to work with the
Department of Defense and other relevant agencies to continue
fundamental ocean exploration in which open source data are
collected for the oceanographic community and private
industries in real-time through telepresence technology.
National Weather Service (NWS).--$1,100,776,000 is for NWS
Operations, Research, and Facilities.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations........................................... $231,910
Central Processing..................................... 97,980
Analyze, Forecast and Support.......................... 537,000
Dissemination.......................................... 78,362
Science and Technology Integration..................... 155,524
================
Total, National Weather Service, Operations, 1,100,776
Research, and Facilities..........................
------------------------------------------------------------------------
The agreement does not adopt House language on Data Sharing
for Integrated Global Observing System and Global Basic
Observing Network and includes up to $1,000,000 for Ship
Observation Data Buys. For fiscal year 2021, NWS shall follow
prior year direction regarding NWS Staffing in Alaska adopted
in Public Law 116-93.
NEXRAD Coverage.--NOAA is directed to provide the
Committees with a follow-up briefing with personnel from NWS
and OAR to discuss best options and cost requirements of
further supplementing the NEXRAD system with additional sources
of observations regularly used by forecasters to predict severe
weather in absence of complete radar coverage.
National Data Buoy Center (NDBC).--The agreement provides
sufficient funding to maintain, at a minimum, NDBC operations
at 80 percent data availability. NOAA is directed to provide
adequate funding to support maintenance and service of the
Tropical Atmosphere/Ocean Array and Deep Ocean Assessment and
Reporting of Tsunamis Array across the equatorial Pacific,
recognizing the importance of ensuring full tsunami prediction
capacity. As part of the fiscal year 2021 spending plan, NOAA
shall include a schedule to restore existing data buoy
operability, including buoys damaged by hurricanes in calendar
year 2020, and its strategy to minimize outages in the future.
National Mesonet Program.--The agreement provides no less
than $22,200,000, an increase of $2,000,000 above the fiscal
year 2020 enacted level, for the continuation and expansion of
the National Mesonet Program. Of the funds provided, up to
$750,000 may be used for Meteorological Assimilation Data
Ingest System activities, and up to $500,000 may be used for
costs associated with the National Mesonet Program Office.
The National Mesonet Program is encouraged to proactively
work with other Federal agencies, including the National
Science Foundation and the U.S. Geological Survey, to identify
observations and platforms of opportunity in areas with sparse
instrumentation that may be transferred to the National Mesonet
Program. Further, the National Mesonet Program is encouraged to
establish a profiler research testbed, using existing profiler
networks that provide statewide observational capability, to
use advanced technologies to sample the weather in the
atmospheric boundary layer. NWS is directed to provide a
briefing to the Committees about how such a profiler research
testbed could be established.
Automated Surface Observing System (ASOS).--NWS is directed
to ensure that rural and remote communities who
disproportionately rely on ASOS operability for continued
reliable air service are provided with additional resources,
such as trained human observers, to continue observing
capabilities in the event of an ASOS outage.
Climate Prediction Center.--NWS is directed, through the
Climate Prediction Center, to engage with State agencies, non-
profit organizations, academic institutions, and the general
public in rural areas in the Mid-Atlantic United States that
due to changes in climate have seen unseasonable and unexpected
drought in order to improve drought monitoring and reporting.
Analyze, Forecast and Support (AFS).--The agreement
provides an increase of $22,500,000 above the fiscal year 2020
enacted level for AFS and directs NWS to use the increased
funding to reconcile previous year funding gaps and prioritize
filling vacancies in currently understaffed weather forecast
offices.
Environmental Processes in the Arctic.--Within the funding
provided for AFS, the National Centers for Environmental
Prediction is encouraged to develop capacity for seasonal to
multiannual timescale predictions of environmental processes in
the Arctic.
Tsunami Warning Program.--The agreement rejects NWS's
proposed cut to the Tsunami Warning Program, including for the
National Tsunami Hazard Mitigation program grants. Funding is
provided at no less than $500,000 above the fiscal year 2020
enacted level to ensure that high-quality tsunami watches,
warnings, and advisories are issued to safeguard lives and
property. NWS is directed to expeditiously fill the current
vacancies.
Tsunami Preparedness in Alaska.--NOAA is directed to work
with other relevant Federal agencies, the State of Alaska,
local governments, and area stakeholders to actively monitor
Barry Glacier in Prince William Sound, Alaska, and tailor, as
needed, its early warning tsunami systems to be prepared for a
possible landslide-induced tsunami in the area. This effort
should include, if appropriate, the deployment of sensors in
strategic locations and the development of inundation models to
inform emergency planning efforts.
Report on Weather Research Priorities.--In lieu of House
language on a Weather Decadal, the agreement directs NOAA's
Science Advisory Board to publish a report, not later than one
year after enactment of this Act, that provides policymakers
with the relevant information necessary to prioritize
investments in weather forecasting, modeling, data
assimilation, and supercomputing over the next ten years; and
that evaluates future potential Federal investments in science,
satellites, radars, and other observation technologies, to
include surface and boundary layer observations, so that all
domestic users of weather information can receive data in the
most efficient and effective manner possible.
Office of Water Prediction (OWP).--The agreement provides
no less than $34,500,000 for OWP, which receives funding across
multiple NWS budget lines, and rejects the proposed decrease
for OWP within AFS. The agreement maintains the direction
adopted in previous fiscal years for NWS to continue to
expedite hiring within the National Water Center (NWC) Water
Prediction Operations Division and reach full operating
capability no later than the end of fiscal year 2022. NOAA
shall also continue to transition OWP personnel from other
offices to the NWC, as deemed necessary to improve
effectiveness and efficiency. Within 45 days of enactment of
this Act, NOAA is directed to provide the Committees with an
updated staffing plan for the NWC.
The agreement also provides no less than the fiscal year
2020 enacted level to continue to expedite development of the
National Water Model and other next-generation water modeling
capabilities, and directs NWS to continue to expeditiously
transition the water resources prediction capabilities
developed by OWP, including flood inundation mapping products,
into operations.
Hydrology and Water Resource Programs.--The agreement
recognizes that the clear, present, and increasing threat of
water-related hazards demands an increased commitment to and
investment in water-related research and development to better
support NOAA's existing and growing water-related operational
services. Therefore, the agreement includes no less than
$15,000,000 ($14,000,000 within NWS, Science Technology and
Integration; and $1,000,000 within NOS, Coastal Science and
Assessment) for NWS, in collaboration with NOS, to establish a
new NOAA Cooperative Institute (CI), by no later than the end
of fiscal year 2021, which is to focus solely on helping NOAA
address the Nation's growing water-related challenges. The
proposed CI should leverage talent and diversity from multiple
universities to lead an interdisciplinary, systems-based
research approach from mountains to tributaries, lakes and
rivers, and ultimately to the coasts that will seed new and
improved operational services for NOAA by improving our current
understanding of the water cycle and our ability to observe and
predict it. The CI shall deliver expertise and resources in the
following areas of emphasis: hydroinformatics and community
water resources modeling; geographic information systems and
remote sensing, including snow depth and soil moisture; coastal
inundation modeling and forecasting in collaboration with NOS;
data assimilation; computational science and high performance
computing; artificial intelligence; and machine learning. The
proposed CI shall also prioritize the cultivation of the next-
generation of water resources scientists and engineers who will
be needed to tackle the grand challenges of 21st century water
resources. NOAA should encourage and prioritize submissions
from applicants that can demonstrate established collaboration
with NOAA's water research programs, led by the National Water
Center, as well as those of other pertinent Federal partners,
principally the U.S. Geological Survey and Federal Emergency
Management Agency.
Dissemination.--The agreement provides $78,362,000 for
Dissemination which shall be used to cover adjustments to base
and other mission-critical costs, including those needed to
further strengthen and advance the NWS integrated dissemination
platform.
National Environmental Satellite, Data and Information
Service (NESDIS).--$291,533,000 is for NESDIS Operations,
Research, and Facilities.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
Office of Satellite and Product Operations............... $189,099
Product Development, Readiness and Application........... 28,434
Office of Space Commerce................................. 10,000
U.S. Group on Earth Observations......................... 500
------------
Environmental Satellite Observing Systems.................. 228,033
============
National Centers for Environmental Information............. 63,500
============
Total, National Environmental Satellite, Data and $291,533
Information Service, Operations, Research, and
Facilities............................................
------------------------------------------------------------------------
The agreement adopts the proposed technical transfers to
the Office of Satellite and Product Operations, moving
operations funded within Cooperative Data and Rescue Services,
Satellite Ground Services, and the Office of Projects, Planning
and Analysis from Procurement, Acquisition and Construction to
Operations, Research, and Facilities. The agreement clarifies
House language that Regional Climate Services is provided no
less than $7,000,000, which includes no less than $4,600,000
for Regional Climate Centers.
Space Commerce.--The agreement approves the request to
merge the Office of Commercial Remote Sensing Regulatory
Affairs and the Office of Space Commerce (OSC) and provides
$10,000,000 for OSC, which on balance is $5,900,000 above the
fiscal year 2020 enacted level. Within the funding provided,
the agreement directs NESDIS and OSC to initiate a space
traffic management (STM) pilot program, in collaboration with
industry, the Department of Defense, the Federal Aviation
Administration, NASA, and other Federal partners, as
appropriate, to develop STM technical prototypes, initiate an
open architecture data repository, and perform STM
demonstrations and experiments. Within 45 days of enactment of
this Act, NESDIS shall provide the Committees with a detailed
spending plan for the funding provided to OSC.
Mission Support.--$302,845,000 is for Mission Support
Operations, Research, and Facilities.
MISSION SUPPORT
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Mission Support Services:
Executive Leadership..................................... $27,078
Mission Services and Management.......................... 156,000
IT Security.............................................. 15,378
Payment to the DOC Working Capital Fund.................. 66,389
Facilities Maintenance and Capital Improvements.......... 5,000
------------
Mission Support Services................................... 269,845
============
Office of Education:
BWET Regional Programs................................... 7,750
Jose E. Serrano Educational Partnership Program with 20,000
Minority Serving Institutions...........................
NOAA Education Program Base.............................. 5,250
------------
Office of Education........................................ 33,000
============
Total, Mission Support, Operations, Research and $302,845
Facilities............................................
------------------------------------------------------------------------
Sexual Assault and Sexual Harassment (SASH).--The agreement
directs NOAA to continue implementing NOAA Administrative Order
(NAO) 202-1106 on sexual assault and sexual harassment
prevention and provides $2,000,000 within Mission Services and
Management for this purpose. The agreement further encourages
the use of carryover funds to expedite the hiring of staff to
carry out this work. NOAA shall continue to provide the
Committees with a copy of the report required under Section
12.02 of NOAA Administrative Order 202-1106.
NOAA Diversity and Inclusion.--NOAA is directed to take
discrete steps to promote racial and cultural acceptance and
diversity within its workforce. No later than 180 days after
enactment of this Act, NOAA is directed to submit a report
analyzing the current racial and cultural makeup of the agency;
planned efforts to recruit, retain, and advance applicants and
employees critical to promoting greater racial and cultural
diversity, and the outcomes of these efforts; and any
additional steps and recommendations planned to promote greater
racial and cultural acceptance and diversity throughout the
NOAA workforce, including the development and analysis of
metrics to evaluate success.
Workforce Succession Planning.--NOAA is directed to provide
the Committees, no later than 270 days after enactment of this
Act, a report that details: (1) the age composition of NOAA's
workforce, to include an assessment of the percentage of staff
by line office that are currently retirement eligible or will
be within the next five fiscal years; (2) a summary of the
agency's current workforce succession plans, including any
relevant documentation; and (3) any challenges to succession
planning that could be remedied through legislation.
Facilities Maintenance and Capital Improvements.--Within
Mission Support, the agreement includes $5,000,000 in a new
PPA, Facilities Maintenance and Capital Improvements, which is
to be administered by the Office of the Chief Administrative
Officer to address the growing backlog of deferred maintenance
and capital improvement needs at NOAA facilities. Before any of
these funds may be obligated, NOAA is directed to provide the
Committees with a detailed spending plan that explains what
projects will be supported with the provided funding, as well
as a prioritized list of the backlog of needed facilities
repair, improvement, and maintenance projects. NOAA is
encouraged to minimize, to the extent practicable, the amount
of funds withheld for administrative expenses.
NOAA Environmental Security Computing Center (NESCC).--
Within funding provided for Facilities Maintenance and Capital
Improvements, NOAA shall consider making necessary upgrades to
the NESCC to support future compute needs. Additionally, NOAA,
in coordination with the General Services Administration, is
encouraged to execute a cost benefit analysis to determine the
merit of potentially acquiring the facility.
Office of Marine and Aviation Operations (OMAO).--
$253,665,000 is for OMAO Operations, Research, and Facilities.
OFFICE OF MARINE AND AVIATION OPERATIONS
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Marine and Aviation Operations:
Marine Operations and Maintenance........................ $166,000
Aviation Operations and Aircraft Services................ 32,000
Autonomous Uncrewed Technology Operations................ 13,665
NOAA Commissioned Officer Corps.......................... 42,000
============
Total, Office of Marine and Aviation Operations, $253,665
Operations, Research, and Facilities..................
------------------------------------------------------------------------
For fiscal year 2021, OMAO is directed to follow prior year
language on Charter Vessels adopted by Public Law 116-93.
Funding for the NOAA Commissioned Officer Corps.--The
agreement accepts the administration's budget proposal to
consolidate OMAO funding for the NOAA Commissioned Officer
Corps and its supporting functions into a single PPA, as is
reflected in the preceding table. In so doing, funding has been
transferred from Marine Operations and Maintenance, Aviation
Operations and Aircraft Services, and Autonomous Uncrewed
Technology Operations to the new PPA. However, on balance, the
amount provided for OMAO represents a $9,250,000 increase above
the fiscal year 2020 enacted level.
Mitigating Hi`ialakai Operations.--It is noted that even
before OMAO operations were disrupted in 2020, no coverage was
to be provided in fiscal year 2020 to assess emerging threats
to marine national monuments in the Pacific administered by
NOS. OMAO is directed to submit a report on its plan to ensure
adequate ship time for this mission no later than 90 days after
enactment of this Act.
Monitoring of Atmospheric Rivers.--The agreement provides
no less than $1,500,000 within Aviation Operations and Aircraft
Services to better observe and predict atmospheric rivers and
encourages the use of unexpended funds for this purpose from
fiscal year 2020 to increase atmospheric rivers observations.
Pilot Recruitment and Training.--The agreement directs OMAO
to continue programs to recruit and train pilots for service in
the NOAA Commissioned Officer Corps, and provides up to the
fiscal year 2020 enacted amount for this purpose.
High Altitude Hurricane Hunter Aircraft Back-up.--The
agreement supports efforts by NOAA and NASA to establish a
memorandum of agreement (MOA) for the NASA Gulfstream-V to
serve as a back-up to the NOAA Gulfstream IV-SP Hurricane
Hunter aircraft. The Committee expects NOAA and NASA to
formalize an MOA as soon as possible, but not later than 90
days after enactment of this Act.
Autonomous and Uncrewed Technology Operations (AUTO).--The
agreement provides $13,665,000 for AUTO, as authorized by the
Commercial Engagement through Ocean Technology Act (Public Law
115-394). Within the funds provided, up to $5,000,000, an
increase of $1,000,000 above the fiscal year 2020 enacted
level, may be used to establish and support extramural
partnerships for unmanned maritime systems research,
development, testing, and training, including any legacy
projects previously supported by the Unmanned Aircraft Systems
Program Office or the Autonomous Underwater Vehicle
Demonstration Testbed. Further, the agreement also provides up
to $3,000,000 to continue data acquisition from unmanned
maritime systems (UMS), as defined within Public Law 115-394,
as well as for cooperative, competitive research and
development of UMSs that can serve as a cost-effective
augmentation for relevant research missions and fisheries data
collection.
In executing the AUTO program, OMAO is encouraged to
continue to coordinate with IOOS regarding use of underwater
gliders and leverage partnerships with universities,
oceanographic institutions, and other Federal agencies,
especially the Naval Meteorology and Oceanography Command and
the Naval Undersea Warfare Center.
2021 Hurricane Hunter Flight Hours.--The agreement includes
an additional $2,000,000 within Aviation Operations and
Aircraft Services to fund additional hurricane flight hours in
fiscal year 2021. There is concern that OMAO's annual aircraft
budgeting and scheduling processes are not accounting for the
actual annual requirements of the hurricane reconnaissance
mission, evidenced by the fact that in each of the three
previous fiscal years OMAO has vastly exceeded the number of
hours allocated for hurricane reconnaissance on its WP-3D Orion
aircraft. Therefore, OMAO is directed to brief the Committees,
not later than 90 days after enactment of this Act, on its
annual aircraft budgeting and scheduling processes and shall
include as part of its fiscal year 2022 budget the number of
flight hours supported on each aircraft type within the fleet.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$1,545,558,000 in direct obligations for NOAA Procurement,
Acquisition and Construction (PAC), of which $1,532,558,000 is
appropriated from the general fund and $13,000,000 is derived
from recoveries of prior year obligations. The following
narrative and table identify the specific activities and
funding levels included in this Act:
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
National Ocean Service:
National Estuarine Research Reserve Construction......... $4,500
Marine Sanctuaries Construction.......................... 4,000
------------
Total, NOS--PAC............................................ 8,500
============
Office of Oceanic and Atmospheric Research:
Research Supercomputing/CCRI............................. 43,500
============
National Weather Service:
Observations............................................. 15,700
Central Processing....................................... 68,000
Dissemination............................................ 9,934
Facilities Construction and Major Repairs................ 10,000
------------
Total, NWS--PAC............................................ 103,634
============
National Environmental Satellite, Data and Information
Service:
Geostationary Systems--R................................. 334,500
Polar Weather Satellites................................. 657,835
Cooperative Data and Rescue Services..................... 14,400
Space Weather Follow On.................................. 108,115
COSMIC 2/GNSS RO......................................... 5,892
Satellite Ground Services................................ 39,287
Projects, Planning, and Analysis......................... 15,945
Geostationary Earth Orbit................................ 10,000
Systems/Services Architecture and Engineering............ 38,500
Satellite CDA Facility................................... 2,450
------------
Total, NESDIS--PAC..................................... 1,226,924
============
Mission Support:
NOAA Construction........................................ 43,000
============
Office of Marine and Aviation Operations:
Fleet Capital Improvements and Technology Infusion....... 25,000
Vessel Recapitalization and Construction................. 75,000
Aircraft Recapitalization and Construction............... 20,000
------------
Total, OMAO--PAC.......................................... 120,000
============
Total, Procurement, Acquisition and Construction........... $1,545,558
------------------------------------------------------------------------
Judgment Fund Repayment.--The agreement does not provide
funding for NOAA to make payments to the Department of Treasury
Judgment Fund.
Research Supercomputing.--Within funding provided for
Research Supercomputing/CCRI, $15,000,000 shall be used to
continue to develop a dedicated high performance computing
facility in collaboration with partners that have existing high
performance computing expertise and scientific synergies.
National Weather Service.--The agreement includes the
requested amount for NWS Observations to continue the Next
Generation Weather Radar and the ASOS Service Life Extension
Programs as planned.
Integrated Water Prediction.--The agreement provides an
increase of $1,239,000 above the fiscal year 2020 enacted level
for Central Processing under NWS PAC, which includes not less
than $5,739,000 to procure operational high performance
computing resources to enable modeling improvements associated
with the IWP initiative. With the increased computing
resources, the agreement encourages the prioritization of work
by NOS, in collaboration with NWS, on IWP and coastal
inundation.
Systems/Services Architecture and Engineering (SAE).--The
agreement accepts the proposed transfer from the Office of
Projects, Planning, and Analysis into SAE. No less than
$2,700,000 is provided for Joint Venture Partnerships with NASA
and the commercial sector to leverage emerging capabilities for
NOAA's operational use.
The agreement also provides not less than $4,000,000 above
the fiscal year 2020 enacted level for the commercial data
purchase and commercial weather data pilot programs, which is
to be divided between the two programs as deemed appropriate.
Geostationary Earth Orbit (GEO).--The agreement approves
the administration's proposal to create a GEO PPA and has
transferred $10,000,000 from SAE to fund this activity. This
funding shall be used to support the start of the GEO Phase A
mission concept and technology development activities,
including the continuity missions to follow the Geostationary
Systems-R series and Space Weather Follow On programs. These
activities may include low-cost sensors and CubeSats to advance
existing space weather measurement capabilities. Further, NOAA
is encouraged to coordinate with NASA to ensure its space
weather research is applicable and can be transitioned to
NOAA's space weather operations.
Satellite Ground Services.--The agreement provides the
requested amount for Satellite Ground Services, including no
less than $5,000,000 for Data-source Agnostic Common Services
to utilize data and observations from an increasingly diverse
array of partner and commercial systems.
NOAA Construction.--The agreement provides $43,000,000 for
NOAA's highest priority facilities construction, repair, and
deferred maintenance requirements. Thirty days before
obligating any funds, NOAA shall submit a report detailing how
the funds will be expended and an explanation of why these
projects were prioritized. NOAA is directed to prioritize
funding for infrastructure projects related to marine
operations, including facilities to accommodate NOAA research
vessels.
There is significant concern that several NMFS laboratories
will soon be unable to perform basic scientific functions,
given the age of the infrastructure, state of disrepair, and
changing physical environments in which they are located. NOAA
is therefore encouraged to commence a competitive solicitation
process for proposals from academic and nonprofit partners to
co-locate NMFS laboratories, as a means of leveraging research
efforts and enhancing scientific capabilities.
Vessel Deferred Maintenance and Technology Infusion.--The
funding provided above the request for Fleet Capital
Improvements and Technology Infusion shall be for deferred
maintenance and technology infusion to transition to a
progressive maintenance model.
NOAA Ship Ronald H. Brown.--The agreement reiterates House
language expressing frustration over the omission of a request
for funding in the fiscal year 2021 President's budget request
for the midlife maintenance period for NOAA Ship Ronald H.
Brown. Maintaining a safe and capable fleet of vessels is a
NOAA mission requirement and it is expected that DOC and NOAA
will make this a top priority in future budget requests. Not
later than 90 days after enactment of this Act, OMAO shall
develop and brief the Committees on a plan to allocate funds
from within Vessel Recapitalization and Construction to
commence the midlife maintenance period for NOAA Ship Ronald H.
Brown.
Mission Requirement Costs.--NOAA is directed to document
within all of its future budget requests any unfunded mission
requirement costs, and particularly those that are necessary to
maintain the optimal operational tempo of NOAA assets and
posture of NOAA facilities.
Buy American Provisions.--NOAA shall follow prior year
direction adopted in Public Law 116-93 regarding Buy American
provisions related to marine vessels and marine vessel
components. NOAA shall report to the Committees about how this
direction has been reflected in current acquisition documents
and how it will be incorporated in the Fleet Recapitalization
Plan no less than 90 days after enactment of this Act.
Aircraft Recapitalization.--The agreement provides
$20,000,000 to finalize the procurement and modifications of a
suitable replacement for the Gulfstream IV-SP Hurricane Hunter
aircraft.
Acquisition and Construction Cost Estimation.--The
agreement notes with exasperation the continuing trend of NOAA
underestimating the costs of major acquisition and construction
projects. As such, the agreement directs GAO to conduct an
audit, as soon as possible, of NOAA's internal cost estimation
procedures to include (1) a review of the extent to which
NOAA's cost estimation procedures align with best practices in
GAO's Cost Estimating and Assessment Guide, (2) ways in which
NOAA can increase the reliability of cost estimates, and (3)
specific NOAA projects or components of the NOAA cost
estimation process that should be subject to regular oversight
by the DOC Office of Inspector General.
PACIFIC COASTAL SALMON RECOVERY
The agreement includes $65,000,000 for the Pacific Coastal
Salmon Recovery Fund (PCSRF) and directs that funds will be
available to Tribes without a matching requirement. NOAA is
directed to report on how its current priorities meet the
intent of the PCSRF to support the recovery and protection of
all declining salmon stocks.
FISHERMEN'S CONTINGENCY FUND
The agreement includes $349,000 for the Fishermen's
Contingency Fund.
FISHERIES FINANCE PROGRAM ACCOUNT
The agreement includes language under this heading limiting
obligations of direct loans to $24,000,000 for Individual
Fishing Quota loans and $100,000,000 for traditional direct
loans.
Departmental Management
SALARIES AND EXPENSES
The agreement includes $73,000,000 for Departmental
Management (DM) salaries and expenses. The Department is
expected to spend within its appropriated amounts.
For fiscal year 2021, the Department is directed to follow
prior year report language, included in Senate Report 116-127
and adopted by Public Law 116-93, on Small Business Innovation
Research, Rare Earth Elements Manufacturing Cooperative, and
Working Capital Funds. House report language regarding
Artificial Intelligence (AI) Talent is modified to clarify that
these efforts shall be led by NIST, in accordance with House
language for NIST on U.S. Leadership in AI.
Staffing Report.--The Chief Financial Officer and the Chief
Human Capital Officer of the Department shall continue to
provide quarterly briefings to the Committees on all
Department-wide human capital issues, to include: a list of
funded vacancies, by bureau, type, and location, including the
length of time the positions have been vacant; a plan and
explanation for addressing each vacancy, including a target for
when the vacancy will be filled; and other relevant topics as
appropriate.
Salary Lapse.--The Department is directed to provide a
detailed accounting of the amounts projected in salary lapse in
its fiscal year 2021 spend plan with an explanation of how all
anticipated balances will be spent for each component. The
Department is directed to provide this information by line
offices within NOAA that have a greater than 10 percent vacancy
rate as of September 30, 2020. The Department is advised that
any amounts insufficiently justified to either augment staff
vacancies or support mission critical functions will be
considered for rescission in fiscal year 2022.
Department of Commerce Working Capital Fund.--As part of
the fiscal year 2022 budget request, the Department is directed
to provide justification that clearly articulates why each
Advancements and Reimbursements account and Working Capital
Fund project administered by the Office of Acquisition
Management, Office of Budget, Office of the Chief Financial
Officer and Assistant Secretary for Administration, and Chief
of Staff should continue to be funded through the Department of
Commerce Working Capital Fund.
Scientific Integrity Policy.--Many are alarmed by the
findings of the National Academy of Public Administration
(NAPA) investigation titled ``An Independent Assessment of
Allegations of Scientific Misconduct.'' The NAPA investigation
found that NOAA officials violated the NOAA Scientific
Integrity Policy (NOAA Administrative Order 202-735d),
specifically the Code of Ethics for Science Supervision and
Management, in its issuance of a statement rebuking NWS
meteorologists regarding Hurricane Dorian forecasts on
September 6, 2019. The NAPA investigation and a similar
Inspector General investigation, ``Evaluation of NOAA's
September 6, 2019, Statement About Hurricane Dorian Forecasts''
(OIG-20-032-1), both note the role that Department officials
played in the development and release of the statement.
However, Department officials are not bound by NOAA's
Scientific Integrity Policy. Therefore, the Department is
directed to develop a Department-wide Scientific Integrity
Policy. The Department Policy should draw upon, but not
interfere with, the NOAA Scientific Integrity Policy and ensure
that bona fide scientific evidence and results can be presented
absent political interference or censorship.
Section 232 Exclusion Process.--The agreement continues to
provide funding for the ongoing exclusion process for steel and
aluminum tariffs applied under section 232 of the Trade
Expansion Act of 1962 (19 U.S.C. 1862), including no less than
$7,000,000 within BIS and $1,500,000 within DM, and up to
$8,000,000 within ITA. If additional funding for the exclusion
process becomes necessary, the Department shall report to the
Committees at least 15 days prior to the obligation of funds
above the totals specified herein. The Department is directed
to exhaust all available options to ensure section 232
activities are funded without causing disruption to component
operational needs or trade enforcement priorities previously
highlighted in the agreement. Additionally, the Department
should ensure section 232 activities are appropriately funded
in future year budget requests and clearly show both current
services and program increases anticipated to support the
program.
Improving Trade Data Reporting.--The Department is
directed, in coordination with U.S. Customs and Border
Protection, U.S. International Trade Commission, and other
relevant agencies, to review and compare methodologies for
collecting and publishing gross trade flows data and detailed
supply chain data to better document the country of origin for
components of each imported good before it reaches U.S.
consumers.
RENOVATION AND MODERNIZATION
The agreement includes a total of $1,123,000 for the
Renovation and Modernization account. For fiscal year 2021, the
Department is directed to follow prior year report language
included in Senate Report 116-127 and adopted by Public Law
116-93 under this heading.
NONRECURRING EXPENSES FUND
The agreement includes $20,000,000 for the Department of
Commerce Nonrecurring Expenses Fund to continue phase one of
the financial management and business information technology
modernization. The Department is directed to provide an updated
5-year budget profile for this project as part of the fiscal
year 2022 budget request.
OFFICE OF INSPECTOR GENERAL
The agreement includes a total of $43,556,000 for the
Office of Inspector General (OIG). This amount includes
$34,000,000 in direct appropriations, a $2,000,000 transfer
from USPTO, a transfer of $3,556,000 from the Bureau of the
Census, Periodic Censuses and Programs, and $2,000,000 from
NOAA PAC for audits and reviews of those programs. In addition,
$2,000,000 is derived from the Public Safety Trust Fund for
oversight of FirstNet.
The agreement directs the OIG to continue its oversight
work on cybersecurity, NOAA satellite and vessel procurements,
telework, patent quality, the 2020 Decennial Census, and the
business application system modernization. Further, the OIG is
directed to continue assessing all of the working capital funds
within the Department to evaluate the budgetary controls in
place to develop reimbursement formulas, the relationship of
reimbursements to client services; the appropriateness of the
level of fund balances, and compliance with appropriations law
and direction. As part of this assessment, the Inspector
General shall pay particular attention to the increasing
amounts of funding needed to support the Department's Office of
General Counsel (OGC), including the justification and metrics
for how such funding is being levied against each agency and,
reciprocally, how the agencies account for the services they
receive from the OGC. The agreement also recommends the OIG
investigate the growth and utilization of the Department's cash
balances in its Working Capital Fund and the quality of
services provided to the customers.
General Provisions--Department of Commerce
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for Department of Commerce
salaries and expenses available for hire of passenger motor
vehicles, for services, and for uniforms and allowances as
authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 provides congressional notification
requirements for NOAA satellite programs and includes life
cycle cost estimates for certain weather satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may deter child pornography, copyright
infringement, or any other unlawful activity over their
networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain services.
Section 109 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
Section 110 provides the Economics and Statistics
Administration certain authority to enter into cooperative
agreements.
Section 111 removes the requirement for matching funds for
amounts provided in this Act through the Manufacturing
Extension Partnership.
Section 112 allows the Secretary of Commerce to waive the
cost sharing requirements for funds provided in this Act under
sections 306, 306A, and 315 of the Coastal Zone Management Act
of 1972.
Section 113 provides transfer authority for the Bureau of
the Census to fund facilities renovation and reconfiguration
projects.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The agreement includes $119,000,000 for General
Administration, Salaries and Expenses. In addition, the
agreement provides funding for the Department's classified
programs as described in the classified annex accompanying this
explanatory statement.
For fiscal year 2021, the Department is directed to
continue following the directives in Senate Report 116-127, as
adopted by Public Law 116-93, on the following topics:
``Trafficking in Persons,'' ``Domestic Trafficking Victims Fund
Special Assessments,'' ``Human Trafficking Justice
Coordinators,'' ``Implementation of the Child Protection
Improvements Act (CPIA),'' ``Constitutional Policing,''
``Enforcement of Federal Hate Crimes Law,'' ``Combating
Domestic Terrorism,'' ``Human Rights Crimes,'' ``Addressing
Violence Against Indigenous Women,'' ``U.S. Victims of State
Sponsored Terrorism Fund,'' ``Crime Victims Fund Awareness,''
and ``Wildlife Trafficking.'' The Department shall submit
updated reports consistent with the directives.
Strengthening Police-Community Relations.--The agreement
provides $153,500,000 for State and Local Law Enforcement
Assistance and Community Oriented Policing Services (COPS)
Office grant programs related to police-community relations.
This is an increase of $67,000,000, or 77.45 percent, above the
fiscal year 2020 level.
In addition, $5,000,000 is provided to the Department,
through section 222 of this Act, for the development and
deployment of a database to track excessive use of force and
officer misconduct, as required by section 3 of Executive Order
13929 (June 16, 2020). In developing these databases, the
Department is directed to consult with State and local law
enforcement agencies, community organizations, and advocacy
groups, including those that advocate for the preservation of
civil liberties and civil rights. The Department is directed to
submit a plan for the use and approval of these funds as part
of the fiscal year 2021 spending plan process and to provide
quarterly updates following the initial plan submission. The
House report language, and associated funding, for a National
Police Misconduct Registry is not adopted.
Federal Police Cameras and Accountability.--The agreement
supports the October announcement that the Department of
Justice (DOJ) will permit State, local, territorial, and Tribal
task force officers to use body-worn cameras on Federal task
forces around the Nation. The agreement supports the use of the
body-worn cameras, and notes that funding has been provided for
the Body-Worn Camera Partnership Program since fiscal year
2016. However, there are complex issues associated with the use
of body-worn cameras, including data storage costs, access
under Federal records laws, and the need for consistent and
accountable deployment of such technology by law enforcement
agencies. In lieu of the House report language, the agreement
supports continued evaluation of their use by DOJ's law
enforcement components.
DOJ Task Force Body Camera Pilot Program.--Last year, the
Department initiated a pilot program to allow federally
deputized task force officers to use body-worn cameras while
serving arrest warrants, participating in planned arrest
operations, and executing search warrants. The Department is
directed to submit a report, not later than 30 days after the
date of enactment of this Act, assessing the results of this
pilot program. In addition to a programmatic analysis, the
report shall describe the resource requirements for
continuation and expansion of the pilot.
Responding to Opioids, Methamphetamine, Synthetic Drugs,
and Substance Abuse in Our Communities.--The agreement includes
a total of $541,500,000 in dedicated grant program funding, an
increase of $23,500,000 above the fiscal year 2020 enacted
level, to help communities and State and local law enforcement
respond to substance abuse, including opioids, stimulants, and
synthetic drugs. The Drug Enforcement Administration (DEA) is
funded at $2,796,762,000, an increase of $74,467,000 above the
fiscal year 2020 enacted level, to strengthen drug trafficking
investigations, including those related to heroin, fentanyl,
and methamphetamines. The agreement further supports the
continuation of heroin enforcement teams, methamphetamine and
fentanyl cleanup and container programs, and other interdiction
and intervention efforts, including DEA's 360 Strategy.
Task Force on Law Enforcement Oversight.--The Attorney
General is directed to establish a Task Force on Law
Enforcement Oversight, to be comprised of representatives from
(1) the Civil Rights Division, (2) the Office of Justice
Programs, (3) the Office of Community Oriented Policing
Services (COPS), (4) the Federal Bureau of Investigation, (5)
the Community Relations Service, and (6) the Office of Tribal
Justice. The Task Force shall consult with professional law
enforcement associations, labor organizations, and community-
based organizations to coordinate the process of the detection
and referral of complaints regarding incidents of alleged law
enforcement misconduct.
The Department is directed to provide up to $5,000,000 for
the activities of the Task Force. In addition, the Department,
in its fiscal year 2021 spending plan required by section 528
of this Act, is directed to identify amounts derived from
appropriations to ``General Administration-Salaries and
Expenses'', ``Legal Activities-Salaries and Expenses, General
Legal Activities'', ``Legal Activities-Salaries and Expenses,
Community Relations Service'', ``Federal Bureau of
Investigation-Salaries and Expenses'', and amounts derived from
management and administration fees assessed by the Office of
Justice Programs and the COPS Office, and that will solely be
used to support the activities of the task force.
Accreditation of Law Enforcement Agencies.--The agreement
supports DOJ's effort to develop and implement consistent
accreditation standards for Federal, State, and local law
enforcement. Consistent standards, informed by broadly-
applicable model guidelines and best practices, can ensure
community accountability and promote policing with a guardian
mentality. In lieu of the House report language, the Attorney
General is directed to take the lead in these efforts, and, in
consultation with law enforcement accreditation organizations,
recommend broadly-applicable model guidelines and best
practices for accreditation standards. The recommendations
should be based on an analysis of existing accreditation
standards and methodology developed by law enforcement
accreditation organizations nationwide, including national,
State, regional, and Tribal accreditation organizations.
Training for Law Enforcement Officers.--The Department of
Justice is expected to exercise leadership in law enforcement
across the Federal government. Accordingly, in lieu of language
in the House Report, the agreement directs the Attorney General
to ensure implementation of evidence-based training programs on
de-escalation, the use-of-force, and the protection of civil
rights that are broadly applicable and scalable to all Federal
law enforcement agencies. Such programs should be developed in
consultation with the DOJ law enforcement components, the
Office of Justice Programs, the Community Oriented Policing
Services Office, and the Civil Rights Division, with
consideration given to establishing consistent standards and
curricula. The Attorney General is further directed to consult
with the heads of each Federal law enforcement agency in
furtherance of the adoption of these programs. Not later than
six months after the date of enactment of this Act, the
Department shall submit a report on the implementation status
of these training programs, including but not limited to
training curriculum topics and availability and capacity of
training facility space. Within one year of the date of the
enactment of this Act, the Department shall submit a report on
its consultations with each Federal law enforcement agency and
provide a determination of whether each agency provides
training consistent with the aforementioned programs.
The Department's leadership in these matters must also
extend to accountability and transparency. The Federal Bureau
of Investigation (FBI) launched the National Use-of-Force Data
Collection (NUOFDC) on January 1, 2019, and published the 2019
results in August 2020. While all of DOJ's law enforcement
components participate in this data collection, only 29 other
Federal agencies, or 25.4 percent of Federal law enforcement,
participate. The Attorney General and the Director of the FBI
are directed to consult with the heads of each Federal law
enforcement agency in furtherance of universal Federal
participation in the NUOFDC. Within six months of the date of
enactment of this Act, the Department shall submit a report on
the status of these consultations. Within one year of the date
of the enactment of this Act, the Department shall submit a
report identifying those agencies that are not participating in
the collection, and, in each case, a description of the basis
on which the agency declined to do so.
The House reports accompanying each of the fiscal year 2021
appropriations bills included references to training and use-
of-force in Federal law enforcement. In lieu of each of those
passages, the explanatory statements accompanying the
appropriations titles of this division adopt language
synchronized with the directives to the Attorney General
described above.
Use of Force Incidents.--The agreement strongly supports
efforts to promote participation in the NUOFDC by Federal,
State, and local law enforcement agencies. In lieu of the House
report language captioned ``Use of force'', the Department and
the FBI are directed to submit a report, not later than 180
days after the date of enactment of this Act, with a detailed
description of the methods for collecting this data and an
assessment of strategies for increasing participation by
Federal, State, and local law enforcement agencies. The
Department and the FBI are further directed to provide a
briefing on the NUOFDC not later than 60 days after the date of
enactment of this Act.
DOJ Law Enforcement Agencies' Use of Force Policies.--The
Department is directed to review the policies governing the use
of deadly force and less-than-lethal force for all of its law
enforcement components, including the Bureau of Prisons (BOP),
to ensure they are current and meet appropriate guidelines
including the Department's own Deadly Force Policy and
statutory requirements. The Department is directed to maintain
these policies on its website in a clearly accessible location.
Emmett Till Unsolved Civil Rights Crimes Reauthorization
Act of 2016.--The agreement includes the full authorized level
of $13,500,000 for DOJ component agencies to implement the
Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of
2016.
National Instant Criminal Background Check System (NICS).--
The Department shall comply with directions in the House report
regarding notifications to State and local authorities;
publication of notification data in its annual NICS Section
Operations Report and on the Justice Department website; and
submission of a report regarding firearms sales that have taken
more than three days to complete. The Department is expected to
build on its initial efforts to secure certification and
implementation plans for the Fix NICS Act of 2018 and is
directed to submit the required semiannual report on time.
Furthermore, DOJ shall report not later than 30 days after the
date of enactment of this Act on how Project Guardian satisfies
each element of the NICS denial notification directive adopted
by the joint explanatory statement accompanying Public Law 116-
93, and the number of notifications provided to date. The FBI
shall also, as part of each annual NICS Section Operations
Report, provide data on the notifications provided to State and
local law enforcement, including the number of notifications
provided to each of (a) State law enforcement and (b) local law
enforcement, for each prohibited category. The FBI shall also
publish monthly data on its website listing denials and
notifications by State and prohibition type.
Federal Law Enforcement in the Caribbean.--The Attorney
General shall comply with the direction in the House report to
report on violent crime initiatives in Puerto Rico and the U.S.
Virgin Islands. The Department is directed to assess its
strategy for assisting the Commonwealth of Puerto Rico in
addressing violent crime and to consider providing additional
Federal resources, if appropriate.
Office of Legal Counsel (OLC) Opinions.--In lieu of House
report language, the Attorney General is again strongly urged
to direct OLC to publish all legal opinions and other materials
that are appropriate for publication--in particular those
materials that are the subject of repeated requests or that may
be of public or historical interest.
Reports on Departmental Funds.--The Department shall
continue to submit information on all applicable funds,
including the Working Capital Fund, the Three Percent Fund, and
the Assets Forfeiture Fund, at the same level of detail
provided in fiscal year 2020 and as required by the explanatory
statement accompanying Public Law 116-93. In addition, the
section 505 notification of the Three Percent Fund allocation
submitted to the Committees shall include, for each component
receiving Three Percent Fund support, a detailed description of
programs, projects, and activities funded through the Three
Percent Fund.
Crime Victims Fund (CVF).--The Department shall provide
monthly reports regarding CVF balances, deposits, recoveries,
and obligations, including obligations associated with the
Antiterrorism and Emergency Assistance Program. In addition,
the Department is directed to submit as part of its annual
spending plan a description of the CVF's allocation process,
including the release of funds for the purposes of the
Children's Justice Act (Public Law 99-401), discretionary
grants provided by the Office for Victims of Crime (OVC), the
U.S. Attorneys Offices' victim-witness coordinators, and the
FBI's victim-witness specialists.
Tribal Sovereign Immunity.--The agreement includes not less
than $50,000 for the Office of Tribal Justice (OTJ) to consult
with Tribal entities concerning risk management, loss
prevention, the resolution of tort claims, alternative dispute
resolution, and protecting and managing Tribal sovereign
immunity in the context of economic development. OTJ is
directed to report, not later than one year after the date of
enactment of this Act, on the best practices for Tribal risk
management.
Sexual Harassment Policies.--The Department should be a
leader in maintaining a model workplace and is encouraged to
collaborate with other Federal agencies on the development of
policies regarding sexual harassment and sexual misconduct.
Multi-Disciplinary Task Force Addressing Human Trafficking
in International Waters.--The Department has failed to meet the
directives and reporting deadlines, including the submission of
a final report in March 2019, originally set in Senate Report
115-139 and adopted in appropriations Acts each fiscal year
thereafter. The Department is directed to immediately submit
all reports and materials that may be responsive to this
directive, and to publish the final report on the Department's
website not later than 15 days after the date of the enactment
of this Act.
Departmental Efforts to Combat Crimes Against Children.--
The Department is expected to maintain a cross-agency budget of
Crimes Against Children and to report annually to the
Committees thereon. As a National Strategy for Child
Exploitation Prevention and Interdiction has not been submitted
since April 2016, the Department shall immediately submit and
publish on its website an updated strategy, as required by 34
U.S.C. 21111(b). The Department shall ensure the position of
National Coordinator for Child Exploitation Prevention and
Interdiction is dedicated to the role set forth by law, and
shall submit a detailed expenditure plan for that office,
including staffing, travel, and temporary duty travel expenses
not later than 90 days after the date of enactment of this Act
and include those costs in future budget submissions.
Improving Intradepartmental Collaboration to Combat
Terrorism.--The Department is directed to significantly
increase opportunities for its law enforcement components to
utilize the National Center for Explosives Training and
Research and co-located ranges, and to expeditiously execute
interagency agreements with respect to range use. The
Department is directed to report on its progress in this effort
not later than 180 days after the date of enactment of this
Act.
DNA Sample Collection from Immigration Detainees.--In lieu
of House report language, the Department is directed to report,
not later than 90 days after the date of enactment of this Act,
on the FBI role in the collection, use, and retention of DNA
samples collected on the basis of the final rule ``DNA-Sample
Collection from Immigration Detainees'' (March 9, 2020), and
the impact of that policy on FBI DNA sample testing processing
rates.
Domestic Terrorism Task Force.--In lieu of the House report
language, the agreement encourages the Attorney General, in
consultation with the Secretary of Homeland Security, to
consider whether a dedicated task force would improve the
capacity of the Federal Government to counter domestic
terrorism, and to present legislative recommendations thereon.
Charging Policies for Drug Offenders.--The Department shall
immediately submit the detailed report required by the
explanatory statement accompanying Public Law 116-93 on
charging policies for drug offenders. The Department is
encouraged to work with other Federal agencies to gather the
required data relating to pre-sentencing reports and drug
trafficking cases.
Financial Fraud.--The Attorney General shall continue to
prioritize Departmental resources to ensure that reports of
financial fraud, including scams against senior citizens, are
thoroughly investigated, with the goal of bringing the
perpetrators of these crimes to justice.
Robocall Forfeiture Orders.--The Attorney General is
directed to prioritize resources toward enforcing FCC
forfeiture orders and collecting the substantial unpaid
penalties imposed by the FCC against illegal robocallers.
Animal Welfare Enforcement.--The Department shall continue
to comply with Congressional direction to prioritize the
investigation and prosecution of animal welfare crimes,
including those under 7 U.S.C. 2156, 18 U.S.C. 48 and 49, and
49 U.S.C. 80502, and to report not later than 120 days after
the date of enactment of this Act on actions it is taking to
enforce such laws, including case development and prosecutions
based on referrals from the FBI, the U.S. Department of
Agriculture Office of Inspector General, and other Federal
agencies, as well as specific training related to these types
of crimes for both Departmental law enforcement and litigating
components. The report shall include the number of prosecutions
and seizures, broken out by litigating component and/or
district, for fiscal years 2019, 2020, and 2021.
Live Tissue Training (LTT).--The Department is urged to
cease the use of LTT. Should additional funding be needed for
humane medical simulation, the Department should request this
as part of components' budget submissions.
Additional Resources.--The agreement urges the Department
to appropriately address the needs arising out of the Supreme
Court's decision in McGirt v. Oklahoma and directs the
Department to continue to make itself available for
consultations in support of a sustainable, long-term response.
The direction in the House Report regarding the DOJ review
of applications for Federal funding shall have no effect.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $34,000,000 for Justice Information
Sharing Technology.
Executive Office for Immigration Review
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $734,000,000 for the Executive
Office for Immigration Review (EOIR), of which $4,000,000 is a
transfer from the U.S. Citizenship and Immigration Services
Immigration Examinations Fee Account. The agreement provides
$61,034,000 above the fiscal year 2020 enacted level and
provides $35,000,000 in no-year funds. EOIR is directed to
provide a robust and detailed justification for the
continuation of no-year funds in its fiscal year 2022 budget
request. The agreement continues the requirement in the
explanatory statement accompanying Public Law 116-93 for DOJ to
maintain its role in overseeing EOIR's financial management.
Information Technology (IT) Modernization.--Within the
amount provided, the agreement expects EOIR to expedite efforts
to implement its new electronic case management system and
reiterates the direction in the explanatory statement
accompanying Public Law 116-93 for EOIR to upload existing case
files into the new system. EOIR shall continue to include
updates on its IT modernization projects in its quarterly
reports to the Committees. The agreement recognizes EOIR is
working in coordination with the Department of Homeland
Security (DHS) on a unified immigration portal and directs the
Department, in consultation with DHS, to provide an update on
its implementation plan for this initiative within 90 days of
the date of enactment of this Act. Should any fiscal year 2021
funds be used to support this effort, this report shall provide
details thereon.
Interpretation Services.--Within the funds provided, EOIR
is directed to properly resource interpretation services, and
further directs EOIR to continue to ensure appropriate language
access is available for all respondents, including indigenous
language speakers. EOIR should inform the Committees of
specific resource needs related to interpretation services and
should identify any possible opportunities for sharing of
interpreter resources with other Federal agencies, including
DHS. EOIR is further directed to continue to submit the
quarterly reports required by the explanatory statement
accompanying Public Law 116-93.
Immigration Adjudication Performance and Reducing Case
Backlog.--The agreement adopts the directive in the House
report to include more comprehensive staffing information for
all positions that compose an immigration judge (IJ) team in
its monthly staffing report. The agreement further directs the
Department to submit a cost break out for an IJ team, which
should include salary, position, interpretation contract costs,
and rent and facility costs, in its fiscal year 2021 spending
plan and future budget request materials. There should be a
standardized baseline for what constitutes an IJ team cost that
is clearly understood by the Committees, and when there are
significant deviations from the baseline, EOIR shall include
this in its quarterly report by court location with
justification for the variance. EOIR is further directed to
continue to make its hiring processes for new immigration
judges publicly available, and to update its website within 30
days of any changes to hiring processes or rules.
Legal Orientation Program (LOP).--The agreement includes
$22,500,000 for services provided by the LOP, of which
$3,500,000 is for the Immigration Court Helpdesk (ICH). LOP
funding is also provided for LOP for Custodians (LOPC), the LOP
Call Center, and efforts, pursuant to the Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457), to
address the responsibility of custodians of unaccompanied,
undocumented children to attempt to ensure the child's
appearance at all immigration proceedings, and to protect the
child from mistreatment, exploitation, and trafficking.
EOIR is directed to continue all LOP components' services
and activities without interruption, including during any
review of the program, and to ensure all components continue to
be operated by non-profit NGOs with demonstrated immigration
law expertise. EOIR is further directed, in lieu of the
briefing described in the House report, to provide details on
the execution of LOP funds as part of the Department's fiscal
year 2021 spending plan broken out by LOP program and promptly
alert the Committees to any deviation of planned obligations.
The agreement supports efforts to promote access to LOP,
with attention to geographic equity and the need for legal
services at remote immigration detention sites that are far
from legal service providers in urban centers. EOIR is
requested to provide an evaluation of the resources necessary
to offer LOP services at additional sites.
Video Teleconferencing (VTC).--In lieu of House Report
language regarding ``Video teleconferencing'' and ``Tent Court
Proceedings'', EOIR is directed to update its policy memorandum
on the use of VTC, so as to ensure clear and consistent
guidelines are followed in all adjudication settings. This
update further directs EOIR to make all policies and procedures
related to EOIR's use of VTC, including policies for public and
media access to each location using VTC publicly available on
its website. EOIR shall continue to follow the directives
regarding real-time data collection and quarterly reporting
described in the explanatory statement accompanying Public Law
116-93.
Court Operations.--In lieu of the House report language,
EOIR is encouraged to develop a nationwide plan that details
steps EOIR will take to ensure all respondents have access to a
centralized mechanism to electronically file an EOIR Form-33 in
order to change their address remotely, in addition to the
current use of paper filings, and report on the status of this
plan to the Committees no later than 90 days after the date of
enactment of this Act.
The House report language under ``LOP Pilot'', ``Migrant
Protection Protocol (MPP) Statistics Publication'' and ``Rocket
Dockets'' is not adopted.
Office of Inspector General
The agreement includes $110,565,000 for the Office of
Inspector General.
Status of Recommendations.--The Office of the Inspector
General shall provide a briefing to the Committees not later
than 30 days after the date of enactment of this Act on the
status of recommendations in its December 9, 2019, report and
its March 30, 2020, management advisory memorandum related to
Foreign Intelligence Surveillance Act applications.
United States Parole Commission
SALARIES AND EXPENSES
The agreement includes $13,539,000 for the salaries and
expenses of the United States Parole Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $960,000,000 for General Legal
Activities. Within the funding provided, up to $10,000,000
shall be for the Civil Rights Division for additional expenses
relating to the enforcement of 34 U.S.C. 12601; criminal
enforcement under 18 U.S.C. 241-242; and administrative
enforcement by the Department of Justice, including compliance
with consent decrees or judgments entered into under such
sections.
Human Trafficking.--The agreement strongly supports the
Department's efforts to combat human trafficking, including its
participation in the interagency Anti-Trafficking Coordination
(ACTeam) Initiative and the activities of the Civil Rights
Division's Human Trafficking Prosecution Unit (HTPU). Within
the funding provided, DOJ is directed to provide additional
staffing and resources for these efforts. The Department is
directed to submit a report, not later than 90 days after the
date of enactment of this Act, describing hiring within HTPU,
training provided by HTPU as part of the ACTeam initiative, and
causes of the decline in human trafficking prosecutions.
Civil Rights Violations in State and Local Prisons and
Jails.--Within the funding provided, the Civil Rights Division
shall increase efforts to investigate and address violations of
the Civil Rights of Institutionalized Persons Act in State and
local prisons and jails.
VACCINE INJURY COMPENSATION TRUST FUND
The agreement includes a reimbursement of $17,000,000 for
DOJ expenses associated with litigating cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The agreement includes $184,524,000 for the Antitrust
Division (ATR). This appropriation is offset by an estimated
$150,000,000 in pre-merger filing fee collections, resulting in
a direct appropriation of $34,524,000.
High-speed Internet Access.--In lieu of the House report
language, the agreement directs ATR to provide a briefing, not
later than 30 days after the date of enactment of this Act, on
the status of competition in the telecommunications industry,
including in rural areas.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The agreement includes $2,342,177,000 for the Executive
Office for United States Attorneys and the 94 United States
Attorneys' offices, of which $25,000,000 shall remain available
until expended. Within the funding provided, up to $10,000,000
shall be for additional expenses relating to the enforcement of
34 U.S.C. 12601; criminal enforcement under 18 U.S.C. 241-242;
and administrative enforcement by the Department of Justice,
including compliance with consent decrees or judgments entered
into under such sections.
In lieu of the House report language captioned ``Credible
Fear'' and ``Immigration enforcement data'', DOJ is directed to
continue to submit quarterly reports, by U.S. Attorney's
Office, on defendants who are charged with violations of 8
U.S.C. 1325 and 8 U.S.C. 1326.
UNITED STATES TRUSTEE SYSTEM FUND
The agreement includes $232,361,000 for the United States
Trustee Program.
Disclosure Requirements.--The United States Trustee Program
(USTP) is encouraged to continue its efforts to ensure a fair
and transparent bankruptcy process for stakeholders and for the
public. USTP shall submit a report, not later than 180 days
after the date of enactment of this Act, describing its efforts
to enforce compliance with the disclosure requirements of
Bankruptcy Rule 2014(a) in fiscal years 2020 and 2021. The
report should describe the number and nature of the actions
taken, provide illustrative examples, and include an assessment
of overall compliance with Rule 14(a) disclosure requirements
by bankruptcy professionals.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The agreement includes $2,366,000 for the Foreign Claims
Settlement Commission.
FEES AND EXPENSES OF WITNESSES
The agreement includes $270,000,000 for Fees and Expenses
of Witnesses.
The Department is expected not to obligate funds for expert
witness services, including the payment of fees and expenses of
expert witnesses, from any other DOJ accounts other than Fees
and Expenses of Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $18,000,000 for the Community
Relations Service.
ASSETS FORFEITURE FUND
The agreement includes $20,514,000 for the Assets
Forfeiture Fund.
United States Marshals Service
SALARIES AND EXPENSES
The agreement includes $1,496,000,000 for the salaries and
expenses of the United States Marshals Service (USMS). The
Department shall continue to submit the quarterly report
required by the explanatory statement accompanying Public Law
116-93, on USMS use of Assets Forfeiture Fund funding.
Regional Fugitive Task Forces Program (RFTF).--USMS is
directed to submit a report, not later than 180 days after the
date of enactment of this Act, on the possible expansion of the
RFTF program. This report should describe requirements with
respect to staffing, operational space and agreements,
equipment, tactical canine teams, medical and trauma support
and partnerships, and expected future resource needs. The
report should further identify the geographic regions that
would benefit most from establishment of an RFTF.
International Operations.--The USMS is directed to submit
an updated annual report on its extradition program and
international operations workload as directed by the
explanatory statement accompanying Public Law 116-93. The
report should detail the number of extraditions, deportations,
district cooperations, and extradition requests made by foreign
counterparts. The report should further describe any plans for
expansion to locations where USMS does not yet have a permanent
presence, but where there has been an increase in workload due
to extraditions. DOJ is directed to assess unobligated
resources available Department-wide, and to submit a
reprogramming of funding, if required, to cover the full costs
of meeting USMS' international extradition responsibilities.
Judicial Protection.--The agreement supports USMS's efforts
to place additional deputy U.S. marshals and accompanying
analytical personnel in the field, and to provide expanded
training for threat investigations and protective intelligence.
Within funding provided, the agreement includes the amount
jointly requested by the Department and the Judicial Conference
of the United States for replacement of the Home Intrusion
Detection Systems (HIDS), and further provides additional
support for open source intelligence initiatives in the Office
of Protective Intelligence.
Training Efficiencies.--USMS is directed to assess whether
consolidation of its training programs in one centralized
location could streamline training operations and deliver
efficiencies and savings. USMS is further directed to submit a
report on its findings, as well as estimates of the resource
requirements to implement such consolidation, not later than 90
days after the date of enactment of this Act.
CONSTRUCTION
The agreement includes $15,000,000 for construction and
related expenses in space controlled, occupied, or utilized by
the USMS for prisoner holding and related support.
FEDERAL PRISONER DETENTION
The agreement includes $2,046,609,000 for Federal Prisoner
Detention (FPD).
The Department and USMS are expected to anticipate the true
funding needs for the FPD account, to avoid funding shortfalls
and emergency reprogrammings. USMS is directed to submit a
monthly report on individuals in the detention system. The
report should include information on the current and projected
number of detained individuals, offense categories, the
population change from the prior month to the current month,
the population change from the current month to the prior year,
and the associated annualized costs.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $117,451,000 for the salaries and
expenses of the National Security Division.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The agreement includes $550,458,000 for the Organized Crime
and Drug Enforcement Task Forces (OCDETF), of which
$385,188,000 is for investigations and $165,270,000 is for
prosecutions.
Within funding provided, the Department is encouraged to
hire additional Assistant U.S. Attorneys nationwide to help
stop the flow of illicit drugs and reduce violent crime
associated with the drug trade. In addition, OCDETF is urged to
continue to coordinate with the DEA and other Federal and
international law enforcement partners to intercept and disrupt
foreign drug shipments.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The agreement includes $9,748,686,000 for the salaries and
expenses of the FBI, including $1,832,876,000 for Intelligence,
$3,944,462,000 for Counterterrorism and Counterintelligence,
$3,376,355,000 for Criminal Enterprises and Federal Crimes, and
$594,993,000 for Criminal Justice Services. Within the funding
provided, the agreement includes not less than $125,000,000 to
increase the capacity and efficiency of the National Instant
Criminal Background Check System (NICS). Within the funding
provided, up to $5,000,000 shall be for the Public Corruption
and Civil Rights Sections for additional expenses relating to
the enforcement of 34 U.S.C. 12601; criminal enforcement under
18 U.S.C. 241-242; and administrative enforcement by the
Department of Justice, including compliance with consent
decrees or judgments entered into under such sections.
The agreement also includes funding at no less than the
fiscal year 2020 level to support the FBI role at the National
Bioforensic Analysis Center and to maintain its ongoing
operations there. House report language on gun violence data is
not adopted.
National Incident-Based Reporting System (NIBRS)
Transition.--The FBI shall brief the Committees, not later than
90 days after the date of enactment of this Act, on the status
of efforts to integrate NIBRS and the data it contains into the
Uniform Crime Reporting Program, and provide progress reports
every 180 days thereafter. The FBI shall also comply with
directions in the House report regarding collection and
publishing of crime statistics from all United States
jurisdictions, including U.S. territories.
Data Analytics and Technical Tools.--The agreement includes
additional resources to support the FBI's efforts to develop
enterprise technical tools, modernize its network
infrastructure, and improve its data analytics capabilities.
Within the funds provided, the FBI is encouraged to explore
opportunities to collaborate with research universities on
advanced threat analysis, to develop advanced data analytics
solutions that are tailored to the needs of FBI investigators.
Cyber Investigative Capabilities.--The agreement supports
the FBI's cyber investigative capabilities, including the
development of advanced technical capabilities to thwart
enemies and to bolster the Cyber Action Teams (CATs) that
deploy to sites of computer intrusion. Within the funds
provided, the FBI is encouraged to develop partnerships with
universities to develop and institute an evidence-based
training program to more rapidly identify persons of interest,
de-conflict information, track criminal markets, and detect
matters that rise to the level of national security.
Combatting Modern Slavery and Human Trafficking.--The FBI
is directed to continue to designate a lead agent in each field
office as a Human Trafficking Program Coordinator. In addition,
the FBI is urged to allocate additional resources to those
field offices in States with the highest rates of modern
slavery and human trafficking. Not later than 180 days after
the date of enactment of this Act, the FBI shall submit a
report on those field offices' capacity to investigate all
crimes of slavery and human trafficking in their jurisdiction.
The report should further detail any additional resources that
have been provided to those field offices for these efforts.
Hate Crimes Reporting.--The FBI shall expeditiously submit
the report required by the explanatory statement accompanying
Public Law 116-93, on FBI efforts to ensure that all Federal,
State, and local law enforcement agencies fully report hate
crimes statistics, consistent with the Hate Crime Statistics
Act of 1990 (Public Law 101-275) as amended, and the Matthew
Shepard and James Byrd, Jr. Hate Crimes Prevention Act (Public
Law 111-84).
Counter-Unmanned Aerial System (C-UAS).--The FBI is
directed, through the Critical Incident Response Group and in
consultation with the Federal Aviation Administration, to
submit a report, not later than 180 days after the date of
enactment of this Act, on the feasibility of establishing a C-
UAS training program for State, local, and Tribal law
enforcement. The report shall further detail the resource
requirements for full-scale implementation of a C-UAS training
program.
Terrorist Explosive Device Analytical Center (TEDAC),
Hazardous Device School (HDS), and New Facilities.--The
agreement strongly supports the FBI's efforts to create a
campus for collocating FBI explosives and counter-IED programs
and activities; to create advanced and specialized training
capacities and capabilities to address requirements that cannot
be satisfied at other FBI facilities; and to create options for
FBI Executive management to proactively meet future operational
and facilities requirements. The agreement provides no less
than the fiscal year 2020 level for the operations of TEDAC and
HDS. Furthermore, the agreement fully provides for the
operations of new, collocated facilities expected to open in
2021, including the Operations Building, the Technology
Building, and the TEDAC Explosive Technical Lab.
Human Rights Violations.--The FBI shall continue to
investigate and support DOJ criminal prosecution of serious
human rights crimes, including genocide, torture, use or
recruitment of child soldiers, war crimes, and other crimes
committed by serious human rights violators, at no less than
the fiscal year 2020 enacted level, and shall continue to
comply with direction in the explanatory statement accompanying
Public Law 116-93, regarding the International Human Rights
Unit, the Human Rights Violators and War Crimes Center, and FBI
field office training. The FBI shall report on these efforts no
later than 90 days after the date of enactment of this Act.
Security Advisory Opinion (SAO) Processing.--The FBI shall
prepare an updated report on SAO processing, as required by the
explanatory statement accompanying Public Law 116-93, to
include any classified data, and submit it to the Committees
not later than 120 days after the date of enactment of this
Act.
National Data Exchange (N-DEx) System.--The FBI shall
report not later than 120 days after the date of enactment of
this Act on which Criminal Justice Information Services
databases, including N-DEx, are used for point-of-contact (POC)
initiated firearm background checks; what barriers, if any,
prevent incorporating N-DEx into POC background check
processes, and how to overcome them; and how to raise State and
local awareness of N-DEx.
NICS Protocols and Procedures.--The FBI shall submit a
report, not later than 180 days after the date of enactment of
this Act, describing how the FBI is addressing each
recommendation in the OIG report ``Audit of the Handling of
Firearms Purchase Denials Through the National Instant Criminal
Background Check System'' (Audit Division 16-32). If the FBI is
not implementing a recommendation, the report shall indicate
whether the FBI intends to do so, and if not, the justification
for not pursuing the recommended course of action. The report
shall also identify any changes made to the Standard Operating
Procedures to better process NICS inquiries within the three-
day time period. All unclassified data shall be publicly
released by the FBI.
FBI Police.--The FBI is encouraged to provide the Office of
Personnel Management or other relevant agencies information or
data required to assist with designating FBI Police officers as
law enforcement officers in order to make their rates of basic
pay, salary schedule, pay provisions, and benefits equivalent
to those applicable to other similar law enforcement divisions
that have such designation.
Internet Investigations.--The FBI and its partners
investigate massive Internet-based child exploitation and human
trafficking forums, which requires robust information sharing
and technical tools to acquire evidence from the Darknet and
other forums for prosecution. The FBI is directed to consider
novel partnership and contracting strategies, along with its
21st Century training and technology initiatives, to acquire,
develop, and implement advanced technical solutions to more
rapidly exploit digital evidence and intelligence related to
investigations targeting human trafficking and child
exploitation efforts, both domestic and international.
Operational Medicine Program.--The agreement adopts the
House report language on the Operational Medicine Program, and
encourages the FBI to provide regular updates on this program
and submit any recommendations for improvements.
CONSTRUCTION
The agreement includes $566,100,000 for FBI construction,
which provides funding above the requested level for the FBI to
address its highest priorities outside of the immediate
national capital area, in addition to resources dedicated to
secure work environment projects. The agreement does not
include any funding for headquarters construction. The FBI is
encouraged to work with the General Services Administration to
submit a prospectus for a new, fully-consolidated headquarters
building, including at one of the three previously vetted
sites, which complies with prior Congressional directives and
meets all Interagency Security Committee Level V security
standards.
21st Century Facilities.--The agreement continues to
support the FBI's long-term vision for collocating
complementary mission operations while balancing the eventual
transition into a new headquarters building with changing
footprints at Quantico, Clarksburg, Huntsville, and Pocatello
facilities. The delay in the new FBI headquarters project only
exacerbates the need to secure viable space for supporting a
variety of mission, workforce, and land requirements. The
agreement provides funding at no less than the fiscal year 2020
enacted level to further support the FBI's 21st Century
Facility plans, and the FBI is encouraged to transition from
interim facilities to full operating capabilities, including
plans for technological requirements. As part of this 21st
Century Facility planning, the FBI should continue to research
the feasibility of using public-private partnership
opportunities, provided that the annual lease and operating
costs are reasonable and the facilities can be securely
constructed and maintained at a level that meets the FBI's
requirements.
Drug Enforcement Administration
SALARIES AND EXPENSES
The agreement includes a direct appropriation of
$2,336,263,000 for the salaries and expenses of the DEA. In
addition, DEA expects to derive $460,499,000 from fees
deposited in the Diversion Control Fund to carry out the
Diversion Control Program, resulting in $2,796,762,000 in total
spending authority for DEA. The agreement includes $10,000,000
to assist State, local, and Tribal law enforcement agencies in
efforts to remove and dispose of hazardous materials at
methamphetamine and fentanyl labs and processing operations.
DEA is encouraged to issue regional contracts with small
businesses, to the maximum extent practical, from the region
served by the contract.
Remote Prescribing of Controlled Substances.--DEA is
directed to complete the requirements under section 3232 of the
SUPPORT for Patients and Communities Act (Public Law 115-271)
to promulgate regulations clarifying the limited circumstances
in which Special Registration for Telemedicine may occur under
the Ryan Haight Act (Public Law 110-425). DEA is further
directed to brief the Committees on the status of these
regulations not later than 30 days after the date of enactment
of this Act.
Special Agent Staffing.--The agreement supports DEA's
efforts to reverse the decline in special agent staffing to
combat the ongoing methamphetamine and opioid crises,
particularly in geographic areas most broadly harmed by
methamphetamine and opioid trafficking.
Hemp Testing Technology.--DEA has developed field testing
kits that can distinguish between hemp and marijuana on-the-
spot. DEA is directed to continue to work to ensure State and
local law enforcement have access to this field test technology
so they can more efficiently conduct their drug interdiction
efforts at the local level. DEA is further directed to report
back, not later than 180 days after the date of enactment of
this Act, and not less than every 6 months thereafter, until
such time as testing kits are deployed to State and local law
enforcement in the field.
Interdiction of Methamphetamines.--DEA is encouraged to
consider whether Operation Crystal Shield should be expanded to
additional U.S. locations that may serve as methamphetamine
trafficking transportation hubs.
Delivery of a Controlled Substance by a Pharmacy to an
Administering Practitioner.--DEA is directed to provide a
briefing, not later than 30 days after the date of enactment of
this Act, on its implementation of section 3204 of Public Law
115-271, and to ensure that providers and patients have access
to all medication-assisted treatment options to address the
opioid epidemic. This update should detail DEA's efforts to
inform providers and dispensers of the new provisions and how
they apply to FDA-approved opioid dependence treatment
products.
Illegal Tetrahydrocannabinol (THC) Vaping Products.--DEA is
directed to report, not later than 180 days after the date of
enactment of this Act, on its efforts to interdict illicit
vaping cartridges containing THC. This report shall assess how
and to what extent such products are being marketed to
children.
CONSTRUCTION
Expanded Laboratory Capacity in Order to Meet Testing
Demands.--DEA field offices face a growing unmet demand for
drug testing, particularly when division, district, and
resident offices are not located in close proximity to a
testing laboratory in the DEA Laboratory System. This issue is
a critical risk for areas of the country that have been hardest
hit by increases in synthetic drugs, including fentanyl, as
well as rural offices or those divisions that do not have their
own laboratories, as agents must drive long distances to reach
the nearest laboratory for testing. The agreement provides
$50,000,000 to construct a new laboratory, including other
required facilities like warehouse space, to meet the growing
needs for drug testing, including fentanyl, in the New England
region.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The agreement includes $1,483,887,000 for the salaries and
expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives.
Crime Gun Intelligence Centers (CGICs).--There are
currently 25 CGIC sites across the country and ATF is
encouraged to work with additional high-risk areas to identify
solutions and metrics to demonstrate meaningful reductions in
illegal gun trafficking and related violent crime.
United States-Mexico Firearms Trafficking.--ATF is directed
to continue to provide to the Committees the information
required by the explanatory statement accompanying Public Law
116-93.
Notification of Local Authorities.--ATF is encouraged to,
when possible, notify local law enforcement when a felon in
their jurisdiction tries to buy a firearm. If a NICS check is
not completed within three days and a felon obtains a firearm,
ATF is encouraged to notify and utilize the help of local law
enforcement in retrieving the firearm.
House report language under ``Illegal Firearms'' and
``Ghost Guns'' is not adopted.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $7,708,375,000 for the salaries and
expenses of the Federal Prison System. The agreement fully
funds the requested $409,483,000 for programs and activities
authorized by the First Step Act of 2018, including medication-
assisted treatment.
For fiscal year 2021, within the funding provided, the
Department is directed to continue following the directives in
Senate Report 116-127, as adopted by Public Law 116-93, on the
following topics: ``First Step Act (FSA) Implementation,''
``Additional Requirements of the FSA,'' ``Residential Reentry
Centers,'' and ``Freedom of Information Act Records''.
BOP is expected to hire additional full-time correctional
officers in order to reduce the overreliance on augmentation
and improve staffing beyond mission-critical levels in custody
and all other departments, including medical, counseling, and
educational positions. BOP shall provide quarterly reports to
the Committees on the use of augmentation broken out by region,
institution, and security level for each time such practice is
employed. In addition, BOP shall include with its fiscal year
2022 budget submission, and each year thereafter, a detailed
report for each Federal correctional facility at which two or
more Federal inmates have died in one calendar year, describing
each incident and the role augmentation may have played in
exacerbating the inherent dangers present at those locations.
Hiring, Staffing, and Inmate-to-Officer Ratios.--BOP shall
continue to submit quarterly reports on inmate-to-correctional
officer ratio as required by the explanatory statement
accompanying Public Law 116-93, and to publish these reports on
the BOP website. To the extent BOP does not currently record
staffing by shift, it is directed to begin doing so and include
such metrics in this report by the end of fiscal year 2021.
Separately, BOP shall submit a report to the Committees
regarding any incident involving the use of deadly force at an
institution with a staffing ratio greater than 15:1, explaining
any role staffing levels may have played in the incident, and
describing a detailed plan to prevent recurrence of such
incidents.
Vacancies.--BOP is directed to improve hiring policies to
ensure that, within the funding provided, it can promptly fill
existing and future vacancies in order to staff its 122 Federal
facilities at January 2016 levels, and forgo further position
eliminations. BOP shall report not later than 90 days after the
date of enactment of this Act on the number of vacancies at
each facility, further detailed by job title, job series, and
General Schedule level as well as the number of applicants
going through the hiring process for each vacant position. DOJ
is directed to explore ways to expedite BOP hiring, such as
working with OPM to provide expedited hiring for BOP facilities
with vacancy rates exceeding ten percent and making use of
recruitment and retention bonuses. BOP shall describe such
efforts in the aforementioned report.
BOP is directed to continue to ensure at least two
correctional officers are on duty for each housing unit for all
three shifts at all high-security institutions, including
United States Penitentiaries and Administrative and Federal
Detention Centers. BOP is directed to continue to submit
quarterly reports showing compliance with this directive and to
provide a cost estimate and strategic plan for implementation
at medium-security institutions that currently do not have a
second officer for all three shifts.
Inmate Health Care.--GAO is directed to examine inmate
healthcare, including, but not limited to: the percentage of
inmates that receive medical assistance under a State plan
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.); inmate access to healthcare services and providers,
including specialty care; the quality of healthcare services
provided to inmates; the percentage of inmates who, upon
release, are enrolled under such a State plan and connected to
a primary care provider in their community; and trends in the
prevalence and incidence of illness and injury among inmates.
Inmate Mental Health Care and Restrictive Housing.--BOP is
encouraged to continue to develop evidence-based policies and
appropriate facilities to enable BOP to operate safely while
properly caring for inmates with mental illness, and to
expeditiously submit its report on the resolution of
recommendations from the July 2017 OIG report on ways to
improve BOP screening, treatment, and monitoring of inmates
with mental illness in restrictive housing units. BOP is also
directed, within the funding provided, to reduce the number of
Federal inmates in restrictive housing, including by opening
transition units and other specialized units for populations
often sent to restrictive housing, and by working with regional
directors and wardens to address the widespread reliance on
restrictive housing.
Contraband Cell Phones in Prison Facilities.-- The
agreement supports the budget request for contraband cellphone
detection technology. BOP is directed to submit, not later than
180 days after the date of enactment of this Act, either a
detailed plan for the deployment of a whole-complex jamming
pilot, or an exhaustive explanation of the rationale, including
health and safety considerations, that would necessarily
preclude such a deployment.
Land Mobile Radio (LMR) Communications.--BOP is directed to
develop a plan to update its LMR and video security systems in
facilities where aging communications infrastructure and
equipment pose a threat to officer safety, and to submit the
plan to the Committees not later than 180 days after the date
of enactment of this Act.
Medication-Assisted Treatment (MAT).--BOP shall consider
all three forms of FDA-approved MAT as it expands access, and
is expected to continue hiring healthcare staff, including
physicians, pharmacists, nurses, and drug counselors, in order
to properly meet inmates' medical needs, including those
receiving MAT. BOP is directed to continue to report quarterly
on the number of individuals who are screened for MAT, are
seeking MAT, have received MAT, or are on a wait list for MAT.
These categories should be further broken out by institution or
residential reentry center (RRC) and type of MAT.
Procurement of Food Products.--BOP is directed to report to
the Committees not later than 30 days after the date of
enactment of this Act on how it is implementing the
recommendations in the March 2020 OIG Management Advisory
Memorandum on food procurement to ensure such food meets
contract specifications and does not endanger the health of
inmates and staff. BOP is further directed to examine how it
can leverage contracts and services with local and regional
businesses, including farmers, ranchers, food processors and
other food vendors in order to lower costs while providing
higher quality meals, and report on its findings not later than
180 days after the date of enactment of this Act.
Inmate Access to Mail.--BOP is directed to implement and
expand solutions, like those that allow photographs or
handwritten letters to be scanned and reprinted at secure off-
site locations and mailed directly to a correctional facility,
or allow digital photographs and letters to be uploaded through
a website or app and then printed at and mailed from a secure
location, which are capable of eliminating the risk of
contraband while maintaining inmates' access to mail from
friends and family. Such solutions should not require
additional equipment or changes to current infrastructure,
should address any specific concerns relating to legal mail,
and should ensure the highest degree of fidelity between the
facsimiles and the originals. BOP is further directed to
report, not later than 180 days of the date of enactment of
this Act, on the status of mail scanning pilot programs
currently occurring at two institutions, the resources needed
to further expand solutions to mitigate the threat of
contraband in mail to inmates, and to identify those resources
requirements in its fiscal year 2022 budget request.
Subsistence Fees.--In lieu of House section 551, BOP is
directed to report to the Committees, no later than 60 days
after the date of enactment of this Act, on its current and
planned efforts to notify persons in RRCs of the procedures for
applying for subsistence fee waivers.
Communicable Diseases and Prisons.--The incarcerated
population faces significantly higher risks of acquiring a
communicable disease. BOP policy requires that prison protocols
include an assessment of inmate immunizations and the provision
of basic medical care, including hepatitis B and C testing and
treatment, as well as preventive health services such as
immunizations. However, the OIG reported in 2016 that some BOP
facilities were not complying with this policy. The Department
is directed to report not later than 270 days after enactment
of the Act on the progress of efforts to achieve compliance
with the protocols since the 2016 OIG report. The report should
identify gaps in services and barriers to provision of
immunization services; identify potential collaborations with
health organizations to address identified disparities; and
recommend ways to close them.
Home Confinement.--In lieu of the House report language,
the agreement directs BOP to submit a report, not later than 60
days after the date of enactment of this Act, on home
confinement and compassionate release. This report shall
address the eligibility determination process, as well as
implementation of home confinement-related provisions of the
First Step Act and the Attorney General's memoranda dated March
26, 2020 and April 3, 2020. The report should further provide
an update required by the explanatory statement accompanying
Public Law 116-93.
BUILDINGS AND FACILITIES
The agreement includes $127,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates. BOP shall
proceed with ongoing planned and associated new construction
efforts to meet projected capacity requirements, as identified
in its monthly status of construction reports to the
Committees. BOP is directed to continue to provide such reports
on a monthly basis, along with notifications and explanations
of any deviation from construction and activation schedules,
and any planned adjustments or corrective actions.
Modernization and Repair (M&R) of Existing Facilities.--BOP
is expected to apply the funding to reduce its longstanding M&R
backlog, and is directed to prioritize funding for repairs that
protect life and safety, and at facilities assessed as having
deficiencies of a geological and seismic nature. BOP shall
continue to provide monthly status of construction reports and
notify the Committee of any changes reflected in those reports.
BOP is further directed to continue providing a schedule and
timeline for repairs of facilities with geological and seismic
deficiencies and include updates in the monthly M&R reports.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The agreement includes a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated.
State and Local Law Enforcement Activities
In total, the agreement includes $3,385,300,000 for State
and local law enforcement and crime prevention programs. This
amount includes $2,950,300,000 in discretionary budget
authority, and $435,000,000 derived by transfer from the Crime
Victims Fund. The agreement also includes $119,000,000 scored
as mandatory for Public Safety Officer Benefits.
For fiscal year 2021, the Department is directed to
continue following the directives required by Public Law 116-
93, on the following topics: ``Management and Administration
Expenses,'' ``Grant Funds for Rural Areas,'' ``Science Advisory
Board,'' ``Post-Conviction Relief for Trafficking Victims,''
``Consent Decrees and Grant Assistance,'' and ``Peer-to-Peer
Training.''
Sufficient Number of Qualified Applicants.--OJP is directed
to submit an annual report on grant programs that have not
received a sufficient number of qualified applicants.
Submission of Officer Training Information.--The Department
has been directed to collect data on officer training each
subsequent year as part of both the Edward Byrne Memorial
Justice Assistance Grants (Byrne-JAG) and COPS Hiring
application processes, including the number and rank of
officers trained, as well as the type of training, including
use of force, de-escalation, racial and ethnic bias, and
community engagement. This data was directed to be provided to
BJS in order to begin a data set on officer training. The
public report and publication of a data set, required by Public
Law 116-93, is overdue, and the Department is directed to
release it immediately.
Grant Funding Set-Asides.--The Department is directed to
continue providing a comprehensive report as described in
Public Law 116-93 concurrently with the spending plan regarding
grant set-asides.
Tribal Grants and Victim Assistance.--The agreement
provides a total of $92,500,000 in discretionary grant funding
for Tribes as follows: $46,000,000 within the Office of Justice
Programs (OJP) for Tribal assistance; $10,000,000 for a Tribal
youth program within the Office of Juvenile Justice and
Delinquency Prevention (OJJDP); $29,500,000 for Tribal
Resources and $3,000,000 for a Tribal Access Program within the
Community Oriented Policing Services (COPS) Office; and
$4,000,000 for a special domestic violence criminal
jurisdiction program within the Office on Violence Against
Women (OVW). In addition, a total of $52,589,255 is provided to
Tribal governments and Tribal coalitions in OVW funding as part
of set-asides determined by program statute. For Tribal
assistance grants within OJP, funding is to be used to support
efforts to help Tribes improve the capacity of their criminal
and civil justice systems. OJP is expected to consult closely
with Tribal stakeholders in determining how Tribal assistance
funds will be awarded for detention facilities, including
outdated detention facilities that are unfit for detention
purposes and beyond rehabilitation; courts; alcohol and
substance abuse programs; civil and criminal legal assistance;
and other priorities. OJP is directed to submit, as part of the
Department's spending plan for fiscal year 2021, a plan for the
use of these funds that is informed by such consultation.
The agreement also includes a 5 percent set-aside for
Tribes within the CVF. OVC is directed to consult closely with
Tribal stakeholders to improve services for Tribal victims of
crime, to include expanded purpose areas described in the OVC
final rule effective August 8, 2016. OVC shall continue to
follow direction required by Public Law 116-93 regarding grant
application requirements, accountability, and assistance. The
Department is directed to give Tribes maximum flexibility in
use of funds in order to best meet the unique needs of victims
in Tribal communities. The Department is also directed to
streamline administrative requirements as much as possible to
increase accessibility for those most in need in Indian
Country.
Human Trafficking in Indian Country.--The Department is
encouraged, in coordination with the Departments of the
Interior and Health and Human Services, to work to address the
need for and impact of Federal grant assistance regarding human
trafficking in Indian Country, to ensure that Federal dollars
are used effectively and efficiently. The Department is
directed to report, not later than 180 days after the date of
enactment of this Act, on its efforts to coordinate Federal
grant programs to address trafficking in Indian Country. This
report should compile data on the severity of the problem and
the impact of grant assistance and identify instances of high
administrative costs or burdens within programs.
STOP School Violence Act Grants.--In lieu of House report
language on school design, the Department is encouraged to
continue its ongoing work with the Departments of Homeland
Security and Education through the School Safety Clearinghouse,
which facilitates and coordinates interagency efforts to assess
and share best practices related to school security resources,
technologies, and innovations as well as identify safe school
design practices for use by education agencies, law enforcement
agencies, schools, architects, and engineers. The agreement
includes a total of $132,000,000 for STOP School Violence
grants, and this funding is directed to be distributed for
covered purpose areas provided under the STOP School Violence
Act of 2018.
DOJ Grant Oversight.--The Department is encouraged to
review its multi-year grant award processes and protocols to
ensure grantees have fully complied with the rules of year-one
funding before year-two funding is disbursed in multi-year
grant awards, and to continue efforts to identify high-risk
grantees, so as to increase fiscal responsibility throughout
the grant making process. It is recommended that the Department
promptly complete and publish an internal review of the
program, to inform efforts to implement a high-risk grantee
designation in other Federal agencies.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $513,500,000 for the Office on
Violence Against Women. These funds are distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants................................................ $215,000
Transitional Housing Assistance............................ 40,000
Research and Evaluation on Violence Against Women.......... 2,500
Consolidated Youth-Oriented Program........................ 12,000
Grants to Encourage Arrest Policies........................ 53,000
Homicide Reduction Initiative............................ (4,000)
Sexual Assault Services Program............................ 41,000
Rural Domestic Violence and Child Abuse Enforcement........ 45,000
Violence on College Campuses............................... 20,000
Civil Legal Assistance..................................... 47,000
Elder Abuse Grant Program.................................. 5,500
Family Civil Justice....................................... 18,000
Education and Training for Disabled Female Victims......... 6,500
National Resource Center on Workplace Responses............ 1,000
Research on Violence Against Indian Women.................. 1,000
Indian Country--Sexual Assault Clearinghouse............... 500
Tribal Special Domestic Violence Criminal Jurisdiction..... 4,000
Rape Survivor Child Custody Act............................ 1,500
============
Total, Violence Against Women Prevention and $513,500
Prosecution Programs..................................
------------------------------------------------------------------------
Community-Based Organizations.--In lieu of the House report
language regarding Community-Based Organizations, the
Department shall submit a report to the Committees on the
number of community-based organizations that provide culturally
specific services and the amounts allocated to these
organizations in fiscal years 2018, 2019, and 2020, as well as
estimates for fiscal year 2021. The Department shall report
this information to the Committees not later than 90 days after
the date of enactment of this Act.
Grants to Encourage Arrest Policies.--The agreement
supports survivor safety and recovery, and service
coordination, for improving the criminal justice response to
domestic violence, dating violence, sexual assault and
stalking. In executing the Grants to Encourage Arrest Policies/
Improving the Criminal Justice Response program, the Department
is expected to make funding under this program open to all
eligible entities, including victim service providers
consistent with the statutory authority.
Statutory Set-Asides.--The underlying statutes for several
grant programs, including the Services, Training, Officers
Prosecutors (STOP) Formula Grant Program and the Sexual Assault
Services Formula Grant Program (SASP), outline set-asides for
Tribal governments and coalitions, culturally specific
community-based organizations, and organizations providing
services to underserved populations. These set-asides will
provide a total of $69,899,255 for fiscal year 2021 with
$52,589,255 for Tribal governments and coalitions, $11,950,000
for culturally specific organizations and $5,360,000 to meet
the needs of underserved populations. OVW shall ensure that the
full amounts provided for in the authorizing statutes are
released to these groups expeditiously.
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The agreement provides $82,000,000 for the Research,
Evaluation and Statistics account. These funds are distributed
as follows:
RESEARCH, EVALUATION AND STATISTICS
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics............................... $45,000
Data Collection on Police Suicide........................ (3,000)
National Institute of Justice.............................. 37,000
Research on Domestic Radicalization...................... (6,000)
Research of School Safety................................ (1,000)
Research to Reduce Trauma for Child Pronography Victims.. (1,500)
National Model for Reducing Incarceration Rates.......... (4,000)
Research on C-UAS........................................ (2,000)
============
Total, Research, Evaluation and Statistics............. $82,000
------------------------------------------------------------------------
The agreement does not adopt House report language
regarding a study addressing delayed law enforcement response
to investigators' questions and an evaluation of data on stops
and searches.
Spending Plans.--The Department is directed to submit, as
part of its spending plan for State and Local Law Enforcement
Activities, a plan for the use of all funding administered by
the National Institute of Justice (NIJ) and the Bureau of
Justice Statistics (BJS), respectively, for approval by the
Committees prior to the obligation of any such funds.
Study on Reducing Racial Disparities.--In lieu of House
language, the Department is directed to award a research grant
for an evidence-based, nonpartisan analysis of existing
evidence to examine how observed racial and ethnic disparities
in the justice system might be reduced through public policy.
The study should be awarded via a competitive grant process
open to all applicants to promote the most rigorous research to
be applied to this important question.
Law Enforcement Management and Administrative Statistics
(LEMAS) Survey.--BJS is directed to immediately begin the next
installment of the LEMAS survey if it has not already done so,
in order to complete publication by September 30, 2021. BJS is
further directed to submit a plan to publish this data on a
more regular schedule, and to identify the resources necessary
for that purpose, not later than 90 days after the date of
enactment of this Act.
Pretrial Detention.--In lieu of House report language
regarding pretrial detention, it is expected that the results
from the National Pretrial Reporting Program (NPRP), and Local
Jails Reporting Program (LJRP) will fill the gap in currently
collected data on the pretrial population and produce estimates
of the demographic breakdown, types of offenses, and bail
characteristics of the pretrial population.
Prison Suicide Incidence Report.--In lieu of House report
language regarding Prison Suicide Incidence Reporting, the BJS
shall submit to the Committees a report detailing a
comprehensive statistical review and analysis of the incidence
of prison suicide not later than 180 days after the date of
enactment of this Act. The statistical review and analysis
should include the identification of the common characteristics
of victims of prison suicide and prisons and prison systems
with a high incidence of prison suicide. In addition, the
Department is directed to include recommendations for possible
mitigation strategies and changes to Federal laws and
regulations.
Death in Custody Reporting Act (DCRA.)--In a December 2018
report, the OIG examined DCRA compliance and found that BJS had
abandoned three different proposals for data collection,
thereby delaying the process until fiscal year 2021. BJS is
requested to publish the collections for fiscal years 2017,
2018, 2019, and 2020 by September 30, 2021. If that deadline
cannot be met, BJS must notify the Committees as to the reason
for the delay.
Research to Reduce Trauma for Child Pornography Victims.--
The agreement provides $1,500,000 for NIJ to administer a
competitive grant to an accredited research university for a
study of best practices to reduce the trauma of children
affected by child pornography investigations. While some best
practices have been adopted by law enforcement agencies who
investigate these crimes, often referrals, access, and
utilization of services for child victims remains sporadic and
inconsistent. As a result, this study should produce a report
with concrete recommendations for improving and synchronizing
law enforcement best practices for ensuring child victims'
well-being during and after the investigation into the crime.
National Model for Reducing Incarceration Rates for Minor
Parole Violations.--Poor coordination within the criminal
justice system, coupled with a lack of support systems for
affected individuals, can result in unnecessary incarceration
rates, create a heavy financial burden for States and
localities, and impose employment losses and societal costs on
the incarcerated and their friends and family. To address these
issues, this agreement includes $4,000,000 for grants to
academic partners who can design and test models, to expedite
judicial review for technical violations of supervision, while
linking individuals to evidence-based services that address the
root causes of recidivism. Grantees should work to produce and
test models that can be replicated on a national scale.
Research on Counter Unmanned Aircraft Systems (C-UAS).--
This agreement supports the Department's efforts to address and
mitigate the threats to public safety and national security
caused by UAS. This agreement includes $2,000,000 for NIJ to
support the research, testing, and evaluation of C-UAS in DOJ
law enforcement operations. The agreement recommends this
research, testing, and evaluation be conducted with Federal
Aviation Administration-designated UAS Test Sites.
Understanding the Effects of Human Trafficking.--Within the
funds provided, NIJ is directed to develop and conduct studies
consistent with those required by section 201(a)(1) of the
Trafficking Victims Protection Act of 2005 (34 U.S.C.
20701(a)(1)). Furthermore, this agreement reiterates the
Committees' previous direction for NIJ to conduct a study on
the physical and psychological effects of severe forms of human
trafficking, as required by section 20 of Public Law 115-392.
NIJ is directed to provide a status report on this study not
later than 30 days after the date of enactment of this Act.
Interruption of Health Care Coverage in Pre-Trial
Settings.--NIJ is encouraged to study the impact of the
interruption of medical, mental health, and addiction treatment
coverage in pre-trial settings on individuals' health coverage,
reentry, and on State and local criminal justice budgets.
Data-Driven Policing and Courts.--NIJ is encouraged to fund
multi-year grants to educational institutions that have shown
excellence in criminal justice data-driven analysis and
decision-making, implementation science, and training. Grant
recipients should focus on increasing utilization of data
interventions proven effective and backed by research findings
at the State and local level, and on developing systems to
standardize courts and corrections data. Applicants should
propose how they would work with surrounding States to develop
a regional profile on crime and criminal justice and serve as a
repository for data that can be readily used for program
solving, analysis, and evaluation.
Correctional Education Evaluation.--NIJ is directed to
establish a public-private partnership with research and
correctional institutions to collect and evaluate data to
continue to advance the research on the impact of correctional
education on recidivism.
Research on Gunshot Detection Technology (GDT).--In lieu of
the House report language regarding gunshot detection, the
Committees note that funding provided to NIJ in fiscal year
2015 supported a research project titled, ``Evaluating Gunshot
Detection Technology to Aid in the Reduction of Firearms
Violence''. The results of this project were published in
September 2019 as NCJ Number 254283, and this report is
publicly available online. NIJ is encouraged to update this
research effort, including the review of new advancements in
GDT technology and the expanded number of site locations.
Data on Police Suicide.--BJS was directed to start the
process of maintaining a data set on police suicide for
Federal, State, and local law enforcement by Public Law 116-93.
As with the data collection on officer training described under
``Submission of Officer Training Information'' under State and
Local Law Enforcement Activities, the Department is directed to
request that State and local law enforcement report on police
suicides within their agencies as part of both the Byrne-JAG
and COPS Hiring Program application processes. As BJS also
maintains the DCRA data collection, the methods used for DCRA
could also be applied to gain data on police suicide. The
agreement provides $3,000,000 to assist with this effort and
directs that BJS brief the Committees, not later than 60 days
after the date of enactment of this Act, on the status of this
data collection, methods for obtaining better data from law
enforcement agencies, and ongoing resource needs. A public
report with full data analysis is to be released by September
30, 2021, and data shall be collected and published annually.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $1,914,000,000 for State and Local
Law Enforcement Assistance programs. These funds are
distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants............... $484,000
Officer Robert Wilson III VALOR Initiative........... (13,000)
Smart Policing....................................... (8,000)
Smart Prosecution.................................... (8,000)
NamUS................................................ (2,400)
Officer Training for Responding to People w/Mental (7,500)
Illness/Disability..................................
John R. Justice Grant Program........................ (2,000)
Prison Rape Prevention and Prosecution............... (15,500)
Kevin and Avonte's Law............................... (3,000)
National Center on Forensics......................... (4,000)
Project Safe Neighborhoods........................... (20,000)
Capital Litigation & Wrongful Conviction Review...... (7,000)
Community Based Violence Prevention.................. (14,000)
National Center for Restorative Justice.............. (3,000)
Ashanti Alert Network................................ (1,000)
Family Alternative Sentencing Pilots................. (3,500)
Child Advocacy Training.............................. (1,000)
Rural Violent Crime Initiative....................... (7,000)
Managed Access Systems............................... (2,000)
Family Friendly Visitation Spaces in Prisons/Jails... (2,000)
State Criminal Alien Assistance Program................ 244,000
Victims of Trafficking Grants.......................... 85,000
Economic, High-tech, White Collar and Cybercrime 12,000
Prevention............................................
Intellectual Property Enforcement Program............ (2,500)
Internet of Things................................... (2,000)
Adam Walsh Act Implementation.......................... 20,000
Patrick Leahy Bulletproof Vest Partnership Grant 30,000
Program...............................................
Transfer to NIST/OLES................................ (1,500)
National Sex Offender Public Website................... 1,000
National Instant Criminal Background Check System 85,000
(NICS) Initiative.....................................
NICS Acts Record Improvement Program................. (25,000)
Paul Coverdell Forensic Science........................ 33,000
DNA Initiative......................................... 141,000
Debbie Smith DNA Backlog Grants...................... (110,000)
State, Local and Federal Forensics Activities........ (19,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants.. (8,000)
Sexual Assault Forensic Exam Program Grants.......... (4,000)
Community Teams to Reduce the Sexual Assault Kit (SAK) 48,000
Backlog...............................................
CASA--Special Advocates................................ 12,500
Tribal Assistance...................................... 46,000
Second Chance Act/Offender Reentry..................... 100,000
Smart Probation...................................... (6,000)
Children of Incarcerated Parents Demo Grants......... (5,000)
Project HOPE Opportunity Probation with Enforcement.. (4,500)
Pay for Success...................................... (7,500)
Anti-Opioid Initiative................................. 394,000
Drug Courts.......................................... (83,000)
Mental Health Courts................................. (35,000)
Residential Substance Abuse Treatment................ (34,000)
Veterans Treatment Courts............................ (25,000)
Prescription Drug Monitoring......................... (32,000)
Comprehensive Opioid, Stimulant, and Substance Abuse (185,000)
Program.............................................
Keep Young Athletes Safe Act of 2018................... 2,500
STOP School Violence Act............................... 79,000
Emmett Till Grants..................................... 2,000
Hate Crimes Prevention Act Grants...................... 5,000
Community Trust Initiative............................. 90,000
Body Worn Camera Partnership Program................. (35,000)
Justice Reinvestment Initiative...................... (33,000)
Byrne Criminal Justice Innovation Program............ (22,000)
================
Total State and Local Law Enforcement Assistance... $1,914,000
------------------------------------------------------------------------
For fiscal year 2021, DOJ is directed to follow prior year
report language, included in Senate Report 116-127 and adopted
in Public Law 116-93, on ``Capital Litigation Improvement and
Wrongful Conviction Review'', ``Project Safe Neighborhoods'',
``Group Violence Intervention (GVI)'', ``Gunfire Detection
Technology'', ``Grants to Combat Human Trafficking'', ``Patrick
Leahy Bulletproof Vest Partnership Grant Program'', ``Sexual
Assault Kit Initiative'', and ``Keep Young Athletes Safe Act''.
Law Enforcement Training.--In lieu of House report language
regarding law enforcement training, the agreement recognizes
that training with regard to use of force, racial profiling,
implicit bias, procedural justice, efforts to gain
accreditation, development of uniform standards, implementation
of innovative law enforcement and non-law enforcement
strategies, and the establishment of crisis intervention teams
can be among the permissible uses of Byrne-JAG funding.
High-Risk Vehicle Events.--The National Incident-Based
Reporting System (NIBRS) data collection currently captures a
subset of deaths or injuries associated with vehicular
pursuits, including deaths or injuries to law enforcement
officers and deaths of suspects. In lieu of House report
language regarding data on high-risk vehicle events, BJS is
encouraged to study the feasibility of developing a data
collection process that more accurately captures the number of
deaths and injuries from police pursuit and high-risk vehicle
events, and include an analysis of the potential obstacles to
capturing such data as well as data on bystanders injured or
killed during police pursuits.
Smart Policing.--The agreement includes $8,000,000 for
Smart Policing. DOJ is directed to prioritize applications for
the development of real-time crime centers in communities with
high rates of violent and gun crime.
Officer Training on Responding to People with Mental
Illness or Disabilities.--The agreement includes $7,500,000 for
a competitive grant program to award grants to State and local
law enforcement and correctional entities to educate, train,
and prepare officers so that they are equipped to appropriately
interact with mentally ill or disabled individuals in the
course of completing their job responsibilities. This training
should be developed in conjunction with healthcare
professionals to provide crisis intervention training focused
on understanding mental and behavioral health, developing
empathy, navigating community resources, de-escalation skills,
and practical application training for all first responders.
OJP is expected to track the results of this grant program in
order to better establish best practices for law enforcement
agencies. OJP is directed to submit a plan for implementing
this grant program as part of the fiscal year 2021 spending
plan.
National Center on Forensics.--The agreement includes
$4,000,000 for a National Center on Forensics. The National
Center on Forensics shall be housed at an accredited university
of higher education, with medical and law schools affiliated
within the same university system, and work in partnership with
a full-service and independent State department of forensic
science with a medical examiner function, that is located in
the same State as the partner accredited university. The Center
is to provide medico-legal learning opportunities for medical
students to train as deputy medical examiners/coroners in
underserved rural areas; provide forensic science and legal
training to district attorneys, judges, and law enforcement;
and develop opportunities as appropriate among the designated
partners to benefit current and future practitioners in the
field.
National Center on Restorative Justice.--The agreement
provides $3,000,000 to continue a partnership with an
accredited university of higher education and/or law school for
the purposes of supporting a National Center on Restorative
Justice to educate and train the next generation of justice
leaders. The Center shall also continue to support research
focusing on how best to provide direct services to address
social inequities, such as simultaneous access to substance
abuse treatment and higher education. Further, the Center shall
expand educational opportunities for those under sentence and
in a court-supervised substance abuse program, and, through
research and evaluation, the Center shall disseminate reports
on the impact of attitudes, recidivism, and costs of the
educational initiatives.
Ashanti Alert Act Implementation.--The agreement includes
$1,000,000 for continued efforts to implement the Ashanti Alert
Act (Public Law 115-401) in order to further establish this
network that assists regional and local search efforts in
locating missing adults. This funding shall be provided to
directly assist State and local government and law enforcement
in order to develop or expand their missing adult
communications networks. OJP is directed to submit, no later
than 90 days after the enactment of this Act, a status report
on continued Ashanti Alert Act implementation.
Family-Based Alternative Sentencing Pilot Programs.--
Several States have recently implemented family-based
alternative sentencing pilot programs for parents, typically
primary caregivers, who have been convicted of non-violent
offenses. These programs allow parents to remain with their
dependent children while receiving services, including drug
treatment, job training, and counseling, rather than being
incarcerated. The agreement includes $3,500,000 for grants in
support of such programs, to demonstrate the extent to which
these programs can reduce costs to the criminal justice and
foster care systems. OJP is directed to provide a plan for this
grant program to the Committees not later than 45 days after
enactment of this Act.
Child Advocacy Training.--The Report of the Attorney
General's National Task Force on Children Exposed to Violence
acknowledged the need to include curricula in post-secondary
educational programs to ensure that every child- and family-
serving professional receives training in multiple evidence-
based methods for identifying and screening children for
exposure to violence. The agreement includes $1,000,000 for a
competitive grant program to support child advocacy training in
undergraduate programming and continuing education. The grants
should support the training of future mandated reporters and
child protection professionals and support efforts across the
country to train child protection professionals in the field,
including law enforcement officers, social workers, mental and
medical health professionals, and prosecutors.
Rural Violent Crime Initiative.--The agreement includes
$7,000,000 for a rural violent crime initiative, with grants to
be awarded on a competitive basis to small law enforcement
agencies in rural locations. Grants are to support improved
training and technology, expanded community-based crime
prevention programs, and partnerships with victim service
providers. This initiative is intended to improve communication
and collaboration between State, local, and Tribal law
enforcement agencies and the communities they serve, to address
the unique criminal justice challenges in rural areas.
Community-Based Violence Prevention (CBVP).--The agreement
includes $14,000,000 for CBVP and directs that these funds
support evidence-based and data-driven intervention,
prevention, and deterrence focused initiatives that aim to
reduce violence. These initiatives should be focused on areas
that are disproportionately impacted by violent crime including
areas experiencing high rates of illegal firearms arrests and
homicides. Projects are to be competitively awarded and require
close collaboration among law enforcement, service providers,
and community-based organizations. Projects shall employ
community-based strategies including conflict mediation, street
outreach, GVI, and hospital-based violence intervention
programs associated with homicide reductions.
Drug-Detection Canines.--The rise of drug trafficking,
including that of methamphetamines, within the United States
and along our borders has created increased demand for drug-
detection canines for local and State law enforcement. The
Department is reminded that the purchase of drug detection
canines is a permissible use of Byrne-JAG grant funds. The
Department is directed to, where possible, further clarify
within other existing programs, including the AFF's Equitable
Sharing Program, that canines are a permissible use of Federal
funding.
Combatting Contraband Cell Phones in Prisons and Jails.--
OJP is directed to publicize that managed access systems and
other mitigation technologies are a permissible use of Byrne-
JAG funds, including through statements on its website, in
`FAQs,' and in Byrne-JAG solicitations. OJP is further directed
to report, as part of its fiscal year 2021 spending plan, on
the efforts it will take to promote awareness of these systems
in future Byrne-JAG award cycles.
Fentanyl Detection.--DOJ is encouraged to support the use
of grant funds, such as Byrne-JAG funds, for the purchase of
fentanyl detection equipment and training as well as naloxone
distribution for law enforcement safety.
Internet of Things Device Capabilities.--Currently, no
database exists of capabilities of Internet of Things devices,
for training on options and best practices for handling of
evidence to meet judicial standards and privacy concerns. To
meet this need, $2,000,000 shall be dedicated for a separate
competitive grant program in order to provide four awards of
not less than $500,000 each for institutions of higher learning
that provide training in computer forensics and digital
investigation to develop a database on Internet of Things
device capabilities and to build and execute training modules
for law enforcement.
Paul Coverdell Forensic Science.--The agreement provides a
total of $33,000,000, of which $17,000,000 is to specifically
target the challenges the opioid and synthetic drug epidemic
has brought to the forensics community, as required by the
explanatory statement accompanying Public Law 116-93.
Compliance with Statutory Requirements.--Section 3 of the
Justice for All Reauthorization Act of 2016 (Public Law 114-
235) requires that, for fiscal year 2021, not less than 75
percent of the amounts made available to the Attorney General
for a DNA Analysis and capacity enhancement program and for
other local, State, and Federal forensic activities be provided
for grants for activities described under paragraphs (1), (2),
and (3) of section 2(a) of the DNA Analysis Backlog Elimination
Act of 2000 (Public Law 106-546). OJP is directed to comply
with this requirement by ensuring that at least 75 percent of
the amount appropriated for these programs is awarded for these
purposes. Additionally, the Justice Served Act of 2018 (Public
Law 115-257) requires that not more than 7 percent and not less
than 5 percent of the funds allocated for the Debbie Smith DNA
Backlog Grant Program be used for grants for prosecutors to
increase the capacity of State and local prosecution offices to
address cold cases involving violent crime, where suspects have
been identified through DNA evidence. The Department is
directed to implement the Justice Served Act of 2018 in
accordance with the clear intent of Congress, and to ensure
that not more than 7 percent and no less than 5 percent of the
funds provided under the Debbie Smith program are allocated for
the purpose of increasing the capacity of State and local
prosecutors to address cold cases.
Second Chance Act (SCA) Grants and Drug Treatment.--SCA
funding is expected to support grants that foster the
implementation of strategies that have been proven to reduce
recidivism and ensure adults released from prisons and jails
safely and successfully reenter their communities. The
agreement supports the Office of Management and Budget's
scoring mechanism for SCA grant funding as it relates to opioid
abuse and the heroin epidemic. In addition, when awarding SCA
grants, OJP is directed to consider the impact of reentry of
prisoners on communities in which a disproportionate number of
individuals reside upon release from incarceration. OJP shall
assess the reentry burdens borne by local communities and local
law enforcement agencies; review the resources available in
such communities to support successful reentry and the extent
to which those resources are used effectively; and make
recommendations to strengthen the resources in such communities
which are available to support successful reentry and to lessen
the burden placed on such communities by the need to support
reentry.
Project HOPE Institute.--The agreement provides $4,500,000
for Project HOPE, of which not less than $500,000 shall be
directed to establishing a Project HOPE Institute to provide
training, technical assistance, and best practices for
jurisdictions replicating the HOPE model. As this same funding
level was provided in fiscal year 2020, OJP is directed to
submit a report, no later than 90 days after the enactment of
this Act, describing the efforts to establish a Project HOPE
Institute and the assistance provided in replicating the HOPE
model.
Comprehensive Addiction and Recovery Act (CARA) Programs.--
OJP is directed that funding for the Comprehensive Opioid,
Stimulant, and Substance Abuse Program (COSSAP) be focused on
prevention and education efforts, effective responses to those
affected by substance abuse, and services for treatment and
recovery from addiction. Of the $185,000,000 for COSSAP, no
less than $11,000,000 shall be made available for additional
replication sites employing the Law Enforcement Assisted
Diversion (LEAD) model, with applicants demonstrating a plan
for sustainability of LEAD-model diversion programs; no less
than $5,500,000 shall be made available for education and
prevention programs to connect law enforcement agencies with K-
12 students; and no less than $10,500,000 shall be made
available for embedding social services with law enforcement in
order to rapidly respond to drug overdoses where children are
impacted.
OJP is encouraged to ensure that funds provided for
residential substance abuse treatment for State prisoners are
being used to treat underlying mental health disorders, in
addition to substance abuse disorders. Within the funding
provided for drug courts, OJP is encouraged to give attention
to States and localities that have the highest concentrations
of opioid-related cases, and to prioritize assistance to
underserved areas whose criminal defendants currently have
relatively little opportunity to access drug courts and
coordinate, as appropriate, with other Federal agencies such as
the Department of Health and Human Services, as it implements
these activities in order to avoid duplication. OJP is directed
to include appropriate long-acting medications, including
injectable anti-psychotic medication, as an allowable expense
to improve treatment adherence and reduce risk for relapse and
re-incarceration.
Additionally, the Department is urged to provide funding in
accordance with section 14002 of the 21st Century CURES Act of
2016 (Public Law 114-255) for court-ordered assisted outpatient
treatment as authorized in law. Finally, the 21st Century CURES
Act authorized the funding of Forensic Assertive Community
Treatment (FACT) Initiatives as part of the adult and juvenile
collaboration program grants. OJP is encouraged to make funding
available for FACT Initiatives within these programs.
Body-Worn Camera Partnership Program.--It is recommended
that jurisdictions continue to: (1) develop camera policies and
procedures with community input; (2) commit to a set of narrow
and well-defined purposes for which cameras and their footage
may be used; (3) specify clear operational policies for
recording, retention, and access; (4) require training for both
the proper use of body-worn cameras and for the handling and
use of the obtained video and audio recordings; (5) ensure that
prior to use of body-worn cameras, privacy and data retention
policies are already in place; and (6) as appropriate, make
footage available to promote accountability with necessary
privacy safeguards. In addition, OJP is requested to update the
Body-Worn Camera Toolkit on an annual basis with any new
information, data, and best practices and keep it publicly
available on its website.
Justice Reinvestment Initiative (JRI).--Jurisdictions may
use the JRI to reduce recidivism; control the size of
corrections populations, either incarcerated or on community
supervision; reduce crime; and create budgetary solutions to
better balance correctional costs within a State's budget.
Justice reinvestment is used to implement data-driven
strategies to improve public safety by reducing corrections
spending and reinvesting those savings in efforts to decrease
crime and strengthen neighborhoods. Funding may be used to
provide technical assistance to States with existing justice
reinvestment programs to further such programs; provide
technical assistance to additional States to expand the justice
reinvestment initiative to those jurisdictions; or provide
funding to States with existing justice reinvestment
initiatives to expand or enhance the State's self-identified
justice reinvestment initiative goals. Justice reinvestment
funds shall not be restricted by Federal agencies for use on
specific programs or policy initiatives, and States shall be
permitted to establish their own priorities within the justice
reinvestment framework.
Sexual Assault Kit Initiative (SAKI).--Within the amounts
provided in this agreement, OJP shall provide competitively
awarded grants with a comprehensive community-based approach to
assist with the reduction of the backlog of untested rape kits
at law enforcement agencies. OJP is further directed to provide
a report, no later than 90 days after enactment of this Act, on
its progress in developing a strategy and model to serve as
best practices for discovering and testing kits, training law
enforcement, and supporting victims throughout the process as
required by Public Law 113-235.
JUVENILE JUSTICE PROGRAMS
The agreement includes $346,000,000 for Juvenile Justice
programs. These funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants............................... $67,000
Emergency Planning--Juvenile Detention Facilities........ (500)
Youth Mentoring Grants..................................... 100,000
Title V--Delinquency Prevention Incentive Grants........... 49,000
Prevention of Trafficking Girls.......................... (2,000)
Tribal Youth............................................. (10,000)
Children of Incarcerated Parents Web Portal.............. (500)
Girls in the Justice System.............................. (3,000)
Opioid Affected Youth Initiative......................... (10,000)
Children Exposed to Violence............................. (8,000)
Victims of Child Abuse Programs............................ 30,000
Missing and Exploited Children Programs.................... 94,000
Child Abuse Training for Judicial Personnel................ 3,500
Juvenile Indigent Defense.................................. 2,500
============
Total, Juvenile Justice................................ $346,000
------------------------------------------------------------------------
For fiscal year 2021, the Department is directed to
continue following the directives as required by Public Law
116-93, on the following topics: ``Implementation of the
Juvenile Justice Reform Act of 2018'', ``Juvenile Diversion
Programs'', and ``ICAC Training''.
Part B: State Formula Grants.--OJP is directed to submit as
part of its spending plan for State and Local Law Enforcement
Activities a plan for the administration of Part B State
Formula Grants, including details pertaining to the formulas
utilized in awarding grants under this heading. OJP is further
directed to submit a report not later than one year after the
date of enactment of this Act describing the types of programs
that grantees are using their formula grant funding to support.
DOJ is urged to encourage Title II grant recipients to
coordinate with their State education agencies to support
continuity of education opportunities for adjudicated youth and
to continue its efforts to institute reforms to ensure States'
compliance with the Title II core requirements. The Department
shall report to the Committees on these efforts not later than
60 days after the date of enactment of this Act.
Arts Programs and Therapies for At-Risk and Justice-
Involved Youth.--The agreement supports the use and
implementation of arts-based programs and therapies at various
points in the juvenile justice system as a way to work
collaboratively across sectors to achieve system improvements
and positive outcomes for youth. As a result, OJJDP is directed
to review opportunities to include arts-based methods for
prevention, diversion, and residential grant programs, and to
provide a report to the Committees, not later than 90 days
after the date of enactment of this Act, on the OJJDP programs
providing options for these programs and therapies.
Youth Mentoring Grants.--Within the funds provided for
Youth Mentoring Grants, $16,500,000 is for helping youth
impacted by substance abuse, including opioids and
methamphetamine. OJJDP is expected to take all steps necessary
to ensure fairness and objectivity in the award of these and
future competitive grants. OJP and OJJDP are expected to
maintain expanded eligibility for local mentoring programs,
particularly in rural areas, unaffiliated with national
mentoring organizations. OJP and OJJDP are also expected to
collaborate with mentoring stakeholders to expand youth
mentoring services in rural areas inordinately affected by
substance abuse and that are considered at-risk.
Victims of Child Abuse Act.--For the various programs
authorized under the Victims of Child Abuse Act (Public Law
101-647), OJJDP is directed to ensure that not less than 90
percent of the grants awarded are for the purposes of
developing and maintaining children's advocacy centers (CAC),
including training and accreditation. OJJDP is further directed
to ensure the funds intended to support local CACs are used
efficiently with the highest percentage possible of Federal
funding expended for local CAC organizational capacity, which
is essential for the effective support of implementing the
multidisciplinary response to child abuse investigation,
prosecution, and intervention services. Within the funds
provided, $5,000,000 shall be for Regional Children's Advocacy
Centers (RCACs) Programs.
The agreement supports efforts by CACs to use their unique
model and expertise to help military installations address
cases of child abuse, and again provides $1,000,000 from within
the funds provided to continue to support a pilot project to
identify, develop, and operationalize best practices. As this
effort has been funded since fiscal year 2017, OJJDP is
directed to report on the status of this pilot, including the
locations of CACs and military installations working together,
the number of children served through these partnerships, and
lessons learned from this pilot program.
Missing and Exploited Children Programs.--With the
exception of funding directives, direction in the House report
on Missing and Exploited Children Programs stands. The
agreement includes $94,000,000 for these programs and the
Department is directed to distribute the increased amount
proportionally among Missing and Exploited Children programs,
excluding research and technical assistance activities.
Furthermore, OJP is directed to provide a plan for the use
of these funds as part of the Department's spending plan for
fiscal year 2021, which shall include investments in authorized
national programs that serve as a resource center and
clearinghouse on missing and exploited children, task force
grants, and administrative costs for the Internet Crimes
Against Children (ICAC) program.
Within the funds provided in this agreement for the AMBER
Alert program, no less than $4,400,000 is for the operation and
activities of the existing AMBER Alert program. Of the funds
provided for AMBER Alert activities, $1,000,000 shall be
directed to addressing State/Tribal integration consistent with
the findings of the report directed by Public Law 115-166.
OJJDP is directed to continue to provide for the
development of IT solutions to address both duplicative tips
and law enforcement deconfliction, to ensure that only high-
quality information is being provided to law enforcement
agencies, including ICAC task forces, as required by the
explanatory statement accompanying Public Law 116-93.
Within the funds provided in this agreement, $3,000,000
shall be for a competitive grant award program to increase the
technological investigative capacity, and associated training
of law enforcement, to support the development, refinement, and
advancement of widely used investigative tools, methods and
technologies that address child pornography, exploitation, and
sex trafficking, as previously directed in fiscal years 2018,
2019 and 2020. OJJDP is further directed to expand efforts to
provide advanced skills training for ICAC officers.
ICAC Structure.--OJJDP is directed to submit a report, not
later than 120 days after the date of enactment of this Act,
describing how the ICAC program can be better structured to
ensure consistency across the 61 task forces. Issues to be
addressed include, adherence to standardized operating
procedures; deconfliction processes with other Federal, State,
local, and Tribal law enforcement agencies; the best way to
prioritize investigations; and the possibility of establishing
a formalized governing board over the ICAC program. This report
should also discuss how to reduce the problem of high turnover
for ICAC investigators, reasons for this turnover, and the
skill sets and law enforcement backgrounds that have been most
beneficial for investigators who have longevity with their ICAC
programs.
Children Exposed to Violence.--The agreement provides
$8,000,000 for grants to help children exposed to violence,
through supportive services for the children and their
families, training and awareness to communities, and technical
assistance for child and family-serving organizations to help
them better recognize and help families at risk for violence.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $143,800,000 for the Public Safety
Officer Benefits program for fiscal year 2021.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $386,000,000 for Community Oriented
Policing Services (COPS) programs, as follows:
COMMUNITY ORIENTED POLICING SERVICES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
COPS Hiring Grants......................................... $237,000
Tribal Resources Grant Program........................... (29,500)
Regional Information Sharing Activities.................. (40,000)
Tribal Access Program.................................... (3,000)
Law Enforcement Mental Health and Wellness Act........... (8,000)
POLICE Act................................................. 11,000
Anti-Methamphetamine Task Forces........................... 15,000
Anti-Heroin Task Forces.................................... 35,000
STOP School Violence Act................................... 53,000
Community Policing Development/Training and Technical 35,000
Assistance................................................
Co-responder Crisis Teams................................ (10,000)
De-escalation Training................................... (15,000)
Accreditation Support.................................... (5,000)
CPD Microgrants.......................................... (3,000)
Diversity and Anti-Bias Training......................... (2,000)
============
Total, Community Oriented Policing Services............ $386,000
------------------------------------------------------------------------
For fiscal year 2021, DOJ is directed to follow prior year
report language, included in Senate Report 116-127 and adopted
in Public Law 116-93, on ``Anti-Methamphetamine Task Forces''
and ``Anti-Heroin Task Forces.''
COPS Hiring Program.--The COPS Hiring Program grant
solicitation for fiscal year 2021 is directed to include two
additional priority focus areas: (1) hiring officers who live
in the communities that they serve and (2) hiring officers who
are willing to relocate to areas characterized by fragmented
relationships between police and residents of the community, or
where there are high incidents of crime.
Community Policing Development (CPD), Training and
Technical Assistance.--The agreement provides $35,000,000 for
CPD, for competitive grants provided directly to law
enforcement agencies, in the following manner: $10,000,000 is
to expand the use of crisis intervention teams in order to
embed mental and behavioral health services with law
enforcement, including training programs; $15,000,000 is for
officer training in de-escalation techniques, of which no less
than $4,000,000 is for grants to regional de-escalation
training centers that are administered by accredited
institutions of higher education and offer de-escalation
training certified by a national certification program;
$5,000,000 is for assisting agencies with gaining accreditation
to ensure compliance with national and international standards
covering all aspects of law enforcement policies, procedures,
practices, and operations, of which no less than $1,500,000 is
to be provided for small and rural law enforcement agencies for
this purpose; $3,000,000 is for the CPD Microgrants program,
which provides funding for demonstration and pilot projects
that offer creative ideas to advance crime fighting, community
engagement, problem solving, and organizational changes to
support community policing; and $2,000,000 is for grants to
support tolerance, diversity, and anti-bias training programs
offered by organizations with well-established experience
training law enforcement personnel and criminal justice
professionals. The COPS Office is directed to report, within 30
days of enactment of this Act, on how the direction for CPD
grants is being followed as well as timelines for grant
deadlines and distribution.
Law Enforcement Mental Health and Wellness Grants.--Funding
for the Law Enforcement Mental Health and Wellness Act (Public
Law 115-113) shall be distributed via competitive grant process
for State and local law enforcement agencies to provide better
training on officer emotional and mental health, to implement
suicide prevention programming, and to help officers seek
assistance in receiving support services.
School Resource Officers.--The COPS Office is directed to
continue to implement requirements and procedures regarding
written memoranda of understanding and training requirements,
including clear definitions of officers' roles and
responsibilities on campus, for any COPS Hiring grant funds
used to hire school-based law enforcement officers.
General Provisions--Department of Justice
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or incest, or to preserve
the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes that the Director of the Bureau of
Prisons (BOP) is obliged to provide escort services to an
inmate receiving an abortion outside of a Federal facility,
except where this obligation conflicts with the preceding
section.
Section 205 establishes requirements and procedures for
transfer proposals.
Section 206 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than to
a facility certified by the BOP as appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual or electronic media or
equipment, services and materials used primarily for
recreational purposes, except for those items and services
needed for inmate training, religious, or educational purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for A-76
competitions for work performed by employees of BOP or Federal
Prison Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 2 percent of grant and
reimbursement program funds made available to the OJP to be
used for training and technical assistance and permits up to 2
percent of grant funds made available to that office to be used
for criminal justice research, evaluation and statistics by the
NIJ and the Bureau of Justice Statistics.
Section 213 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; State, Tribal, and
local reentry courts; and drug treatment programs. If a waiver
is granted, the Attorney General shall document any factors and
material presented by a grantee upon determining that a fiscal
hardship exists prior to making an award.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law enforcement
personnel do not continuously monitor or control such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 217 allows certain funding to be made available for
use in Performance Partnership Pilots.
Section 218 increases the threshold for balances in the
United States Trustee System Fund.
Section 219 provides access for Tribes to national
information databases.
Section 220 makes the Attorney General responsible for
payment of witness fees.
Section 221 makes United States Marshals Service employees
eligible for danger pay for certain foreign deployments.
Section 222 provides funding to develop and operate a
database on law enforcement use of force and officer
misconduct.
TITLE III
SCIENCE
Office of Science and Technology Policy
The agreement includes $5,544,000 for the Office of Science
and Technology Policy (OSTP).
Emerging Contaminants.--Within 30 days of the enactment of
this Act, OSTP shall update its October 2018 ``Plan for
Addressing Critical Research Gaps Related to Emerging
Contaminants in Drinking Water'' as directed in Senate Report
116-127 and adopted by Public Law 116-93. The update shall
identify any necessary program, policy, or budgetary resources
required, by agency, to support implementation of the Federal
research strategy for fiscal years 2021, 2022, and 2023. OSTP
is further directed to brief the Committees on the National
Emerging Contaminant Research Initiative within 30 days of
enactment of this Act.
Research Integrity.--The Committees have yet to receive the
assessment that will form the baseline for guidance for
government agencies, universities, and the broader research
community on indicators of risks to research integrity from
foreign influence. OSTP shall report within 30 days of
enactment of this Act to the Committees on the extent of these
issues and provide OSTP's suggested risk mitigation actions
that can be implemented by universities and the U.S.
Government.
Research on the Great Lakes Resources.--The vessels of the
Great Lakes ecosystem Federal research fleet are nearing the
end of their useful service lives. OSTP is reminded of the
requirement to submit an assessment of the fleet contained in
Senate Report 115-275, adopted by Public Law 116-6.
Federal Unmanned Aircraft Systems (UAS) Procurement.--OSTP
is encouraged to identify domestically-produced UAS options as
alternatives to commercially-available foreign UAS that may
allow for the unintended transmittal of data being collected
and to coordinate guidelines that will allow for secure
utilization of UAS by all Federal agencies.
National Space Council
The agreement includes $1,965,000 for the activities of the
National Space Council.
Quarterly Briefings.--The National Space Council is
directed to provide the Committees with quarterly briefings,
beginning with the annual budget submission, that identify
current and emerging threats to maintaining U.S. leadership in
space-based activities by the Federal Government, industry, and
academia and the associated plans and policies to maintain that
leadership.
National Aeronautics and Space Administration
The agreement includes $23,271,278,000 for the National
Aeronautics and Space Administration (NASA).
Partial Funding Requests.--The agreement notes that going
forward, NASA should refrain from requesting only part of the
funding it requires to accomplish all of its missions.
Additionally, the agreement objects to NASA's efforts in recent
fiscal years to redirect funding away from priorities clearly
set by the Congress in law and has included more specific bill
language to curtail such actions.
Quarterly Launch Schedule.--NASA shall continue providing
the Committees with a quarterly launch schedule, by mission,
which describes the risks associated with any launch delays,
the impacts of launch delays to other missions in the launch
queue, a budget estimate of the anticipated carrying costs for
missed launch windows, as well as any adjustments to launch
windows for delayed missions.
Oversight and Accountability.--NASA acquisition management
remains on the U.S. Government Accountability Office's (GAO's)
``high risk'' list. NASA is expected to maintain focus on
improving oversight and accountability. NASA is directed to
cooperate fully with GAO and shall provide timely program
analysis, evaluation data, and other relevant information so
GAO can report to Congress shortly after the annual budget
submission, and semiannually thereafter, on the status of
large-scale NASA programs, projects, and activities. NASA is
further directed to brief the Committees within 30 days of the
annual budget submission on the reserves, along with confidence
level if appropriate, assumed in the proposed funding level for
each directorate, theme, program, project, or activity.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science........................................ $2,000,000
Planetary Science.................................... 2,700,000
Astrophysics......................................... 1,356,200
James Webb Space Telescope........................... 414,700
Heliophysics......................................... 751,000
Biological and Physical Sciences..................... 79,100
----------------
Total, Science..................................... 7,301,000
================
Aeronautics............................................ 828,700
================
Space Technology....................................... 1,100,000
================
Exploration:
Exploration Systems Development...................... 4,582,600
Orion Multi-purpose Crew Vehicle................... 1,406,700
Space Launch System (SLS) Vehicle Deployment....... 2,585,900
Exploration Ground Systems......................... 590,000
Exploration Research and Development................. 1,972,800
Gateway............................................ 698,900
Human Landing System............................... 850,000
Total, Exploration................................. 6,555,400
================
Space Operations....................................... 3,988,200
================
Science, Technology, Engineering, and Mathematics
(STEM) Engagement:
NASA Space Grant..................................... 51,000
EPSCoR............................................... 26,000
Minority University Research Education Project....... 38,000
STEM Education and Accountability Projects........... 12,000
Total, Science, Technology, Engineering, and 127,000
Mathematics (STEM) Engagement.....................
================
Safety, Security and Mission Services.................. 2,936,500
================
Construction and Environmental Compliance and 390,278
Restoration...........................................
================
Office of Inspector General............................ 44,200
================
Total, NASA........................................ $23,271,278
================
------------------------------------------------------------------------
SCIENCE
The agreement includes $7,301,000,000 for Science.
Earth Science.--The agreement includes $2,000,000,000 for
Earth Science and adopts all funding levels designated by the
House, except as follows.
Earth Science Research and Analysis.--The agreement directs
no less than $25,000,000 above the requested level for Earth
Science Research and Analysis.
Earth Science Decadal.--In keeping with the recommendations
of the Earth Science decadal survey, NASA should plan to
competitively select future missions. An increase in competed,
Principal Investigator (PI)-led missions can encourage better
cost and schedule management, infuse new technologies, and
contribute to workforce.
Earth System Science Pathfinder Missions.--The agreement
includes $343,900,000 for Earth System Science Pathfinder
missions.
Venture Class Missions.--The agreement includes
$263,600,000 for Venture Class Missions.
NASA--Indian Space Research Organisation (ISRO) Synthetic
Aperture Radar, Geosynchronous Littoral Imaging and Monitoring
Radiometer (GLIMR), and Geostationary Carbon Cycle Observatory
(GeoCARB).--The agreement fully supports, at no less than the
request level, NASA-ISRO Synthetic Aperture Radar, the GLIMR
instrument, and GeoCARB. GeoCARB is due to launch in 2023 and
will demonstrate the feasibility of using a commercial
communications satellite to host a scientific instrument to
measure vegetation off-gassing and detect methane. GeoCARB
could serve as a model for meeting future Earth Science
research needs in a cost-effective manner. The agreement is
supportive of collaborative research that works to advance our
understanding of the behavior of the Earth by engaging
academia, particularly students, in its studies and
investigations, as these partnerships ensure that NASA's data
expertise remains up-to-date and increases the research
capacities at universities.
Planetary Science.--The agreement includes $2,700,000,000
for Planetary Science.
Lunar Discovery.--The agreement includes up to $451,500,000
for the Lunar Discovery and Exploration, including $22,000,000
to continue the Lunar Reconnaissance Orbiter, $70,000,000 for
the new Lunar Future initiative, and up to the request level
for Commercial Lunar Payload Services (CLPS). NASA is expected
to provide funding under the CLPS program only for lunar
landers and rovers majority-designed, developed, and built in
the United States. Additionally, this level of funding supports
a regular cadence of at least one robotic mission to the lunar
surface per year. The Lunar Discovery and Exploration program
shall adhere to the lunar science priorities established by
decadal surveys and the National Research Council's Scientific
Context for the Exploration of the Moon by funding activities
that meet both lunar science and human exploration needs
through varied mission types.
Planetary Defense.--The agreement includes $156,400,000 for
planetary defense of which $66,400,000 is for the Double
Asteroid Redirect Test (DART) to ensure a June 2021 launch and
$90,000,000 is for other Near Earth Object Observations
missions and data analysis. NASA is expected to request
adequate resources for simultaneous development of DART and the
Near Earth Object Surveillance Mission (NEOSM) that pursues a
2025 launch date for NEOSM. NASA is directed to report to the
Committees within 180 days of the enactment of this Act on how
the agency is fulfilling its mandate to detect 90 percent of
objects greater than 140 meters that threaten Earth, along with
development progress of DART and NEOSM.
Asteroid Sample and Advanced Curation Facility.--NASA's
investments in the Asteroid Sample and Advanced Curation
Facility, as well as the Astromaterials Curation Annex, will
allow NASA to properly analyze and curate the variety of
samples encountered in the planned Mars Sample Return (MSR)
mission. NASA should leverage these investments by engaging the
academic community to support sample return missions and make
samples available for research to the worldwide science
community.
New Frontiers Missions.--The agreement includes
$183,200,000 for New Frontiers missions. Within New Frontiers,
$100,000,000 is included for Dragonfly missions. The agreement
includes the budget request for Radioisotope Power Systems.
Further, the agreement expects NASA to continue the selection
and launch cadence of New Frontiers and Discovery class
missions in spite of any cost pressures from planetary flagship
missions or the Mars program.
Mars Exploration Program.--The House language regarding the
Mars Exploration Program is accepted and within these amounts
the agreement includes $263,500,000 to further development of
an MSR mission to be launched in 2026.
Commercial Deep Space Communications Relay.--Consistent
with House direction, within 180 days of enactment of this Act,
NASA is directed to submit a report to the Committees outlining
the Science plan for securing commercial services for future
Mars surface assets. NASA may use fiscal year 2021 funds to
procure such services to the extent they are available,
scientifically necessary, and can be selected competitively.
Europa Clipper Mission.--The agreement includes
$403,500,000 for the Jupiter Europa Clipper mission, modifies
House language regarding Clipper, and includes a proviso
regarding conditions to be met and directives for the
Administrator.
Icy Satellites Surface Technology.--The agreement includes
no less than $17,500,000 above the requested level for Icy
Satellites Surface Technology.
Science Mission Directorate (SMD) Education.--The agreement
provides no less than $45,600,000 for education and outreach
efforts. The agreement further supports the recommendation that
the Astrophysics program continue to administer this SMD-wide
education funding. The agreement encourages SMD-funded
investigators to be directly involved in outreach and education
efforts and support citizen science. NASA should continue to
prioritize funding for ongoing education efforts linked
directly to its science missions.
Astrophysics.--The agreement includes $1,356,200,000 for
Astrophysics.
Cosmic Origins.--The agreement includes $93,300,000 for the
Hubble Space Telescope, $10,000,000 for search for life
technology development to leverage and scale technologies
developed for the James Webb Space Telescope, and $85,200,000
for the Stratospheric Observatory for Infrared Astronomy
(SOFIA).
James Webb Space Telescope (JWST).--The agreement includes
$414,700,000 for JWST.
Nancy Grace Roman Space Telescope.--The agreement includes
$505,200,000 for the Roman Telescope.
Heliophysics.--The agreement provides $751,000,000 for
Heliophysics, including $280,800,000 for Heliophysics Research
which includes the request level for Research Range;
$148,200,000 for Living with a Star, which includes no less
than $25,000,000 for space weather science applications and
$15,000,000 above the request for Geospace Dynamics
Constellation; $148,600,000 for Solar Terrestrial Probes, which
includes funding for the Magnetospheric Multiscale mission at
no less than the fiscal year 2020 level and $10,000,000 to
begin formulation for the Dynamical Neutral Atmosphere-
Ionosphere Coupling mission as a Principal Investigator (PI)-
led mission; and $173,400,000 for Heliophysics Explorers. This
amount supports the Diversify, Realize, Integrate, Venture,
Educate initiative as recommended in the most recent
heliophysics decadal survey, as well as science centers and
early career researchers. NASA is directed to establish a
standalone heliophysics technology program in future budget
requests. NASA's space weather science applications program
should focus on research and technologies that enable other
agencies to dramatically improve operational space weather
forecasts and assets, including ground-based assets such as the
Daniel K. Inouye Solar Telescope.
Unmanned Aerial Vehicles.--The agreement supports NASA's
efforts to develop and refine UAV platforms and encourages
continued cooperation from Federal science agencies, including
NOAA, to expand utilization and supplement data collection in
support of hurricane forecast modeling.
Biological and Physical Science.--The agreement includes
$79,100,000 for Biological and Physical Science within Science,
with a commensurate reduction in Space Operations.
AERONAUTICS
The agreement includes $828,700,000 for Aeronautics. The
agreement supports New Aviation Horizons and is encouraged by
NASA's efforts toward developing a Low Boom Flight Demonstrator
X-plane, referred to as the Low Boom Flight Demonstrator
(LBFD). Appropriate funds are also included to enable the next
X-plane demonstration planned beyond LBFD.
University Leadership Initiative.--NASA is expected make
additional awards to U.S. universities from the Fiscal Year
2020 solicitation to address additional technical barriers in
aeronautics and is encouraged to utilize universities and their
capabilities in areas where multidisciplinary convergent
research is needed in early stage aeronautics research and
technology development.
Hypersonics Technology.--The agreement includes up to
$60,000,000 for Hypersonics Technology.
Hypersonics Advanced Materials.--The agreement provides an
additional $8,000,000 above the request for collaborative work
between industry and academia for development of lower cost
advanced three-dimensional carbon/carbon material testing and
characterization that will benefit the next generation of very
high temperature composites for hypersonic vehicles.
High-Rate Composite Aircraft Manufacturing (HiCAM).--The
agreement provides no less than the requested amount for HiCAM
and encourages NASA to leverage existing academic and industry
expertise to help demonstrate efficient design, development,
and certification requirements associated with this program and
to utilize no less than 75 percent of these funds to support
public-private partnership with at least a 50 percent
government cost share.
Subsonic Aircraft Research.--NASA is encouraged to continue
research and development in key technologies and innovative
aircraft structures and components to enable development of
ultra-efficient, sustainable transonic aircraft, including
investments in X-planes or other appropriate test platforms.
Advanced Composite Project (ACP).--The agreement encourages
NASA to maintain the capabilities and intellectual property
structures developed through public-private partnerships within
the ACP, provides no less than the fiscal year 2020 funding
level for these activities, and expects the activities
associated with the ACP to be leveraged across the aeronautics
portfolio as part of the fiscal year 2022 request.
Advanced Materials Research.--The agreement provides
$7,000,000 above the request level for advanced materials
research and encourages NASA to partner with academic
institutions that have strong capabilities in aviation,
aerospace structures, and materials testing and evaluation for
these activities.
Unmanned Traffic Management System (UTM).--NASA is
encouraged to continue work with Federal agencies, States,
counties, cities, and Tribal jurisdictions on research toward
the development of a UTM system that will ensure the broadest
level of acceptance from local jurisdictions. Within 60 days of
enactment of this Act, NASA shall provide a report to the
Committees on Appropriations regarding the agency's future
unmanned traffic management UTM airspace requirements, UTM
airspace needs, and by extension, the agency's advanced air
mobility airspace needs.
UTM Modeling.--The agreement supports NASA's ability to
leverage test range airspace, modeling, and simulation from
other Federal agencies for UTM and advanced air mobility
related activities. NASA should ensure that UTM regional
modeling and simulation include electric and hybrid vertical
takeoff and landing (VTOL) aircraft and that VTOL aircraft,
infrastructure, and airspace meet the needs of rural, suburban,
and urban communities.
Cleaner, Quieter Airplanes.--Not later than 180 days after
the enactment of this Act, NASA shall submit to the Committees
a report on NASA's progress on the development of technologies
for quieter, cleaner airplanes, including the ability to
transition these technologies to industry.
SPACE TECHNOLOGY
The agreement includes $1,100,000,000 for Space Technology
and reaffirms support for the independence of the mission
directorate and recognizes that its current status enables it
to support the development of a wide array of various
technologies.
Regional Economic Development Program.--The agreement
includes up to $8,000,000 for the Regional Economic Development
Program. NASA is encouraged to expand the program to all 50
states.
On Orbit Servicing and Manufacturing.--The agreement
includes up to the requested level for On Orbit Servicing and
Manufacturing Demonstration-2.
Restore-L/SPace Infrastructure DExterous Robot (SPIDER).--
The agreement provides $227,000,000 for Restore-L/SPIDER.
Nuclear Thermal Propulsion.--The agreement provides not
less than $110,000,000 for the development of nuclear thermal
propulsion, of which not less than $80,000,000 shall be for the
design of test articles that will enable a flight
demonstration. Within 180 days of the enactment of this Act,
NASA, in conjunction with other relevant Federal departments
and agencies, shall submit a multi-year plan that enables
technology development leading to an in-space propulsion-system
demonstration and describes future missions and propulsion and
power systems enabled by this capability.
Solar Electric Propulsion.--The agreement includes the
requested level for Solar Electric Propulsion activities.
Additive Manufacturing.--The agreement includes $35,000,000
for additive manufacturing.
Flight Opportunities Program.--The agreement includes no
less than $27,000,000 for the Flight Opportunities Program. The
funding provided for this program may be used to support
undergraduate and graduate work in developing flight
opportunities payloads. NASA should ensure that funds are
available for flight opportunities of science, technology
demonstration, and educational payloads developed across all
NASA Mission Directorates, as well as external flight
opportunities, as authorized under section 907 of the NASA
Authorization Act of 2010 (Public Law 111-267), including
competitively-selected opportunities in support of payload
development and flight of K-12 and collegiate educational
payloads. NASA is directed to consider how the Flight
Opportunities Program may be leveraged to provide expanded
opportunities to Science, Technology, Engineering, and
Mathematics (STEM) students and early career researchers. The
recommendation includes $7,000,000 to support payload
development and flight of K-12 and collegiate educational
payloads.
Innovative Nanomaterials.--The agreement includes
$5,000,000 to advance large scale production and use of
innovative nanomaterials, including carbon nanotubes.
On Surface Manufacturing Capabilities.--The agreement
provides the budget request for On-Surface Manufacturing and
directs NASA, through partnerships with universities, to
leverage efforts that complement ongoing work on the
development of advanced materials with a focus on point-of-need
and in-place generated materials, energy capture and power
storage, recycling, commercialization, and workforce
development.
Small Business Innovation Research.--NASA shall continue to
fulfill statutory obligations for the amount of Small Business
Innovation Research (SBIR) and place an increased focus on
awarding SBIR awards to firms with fewer than 50 employees.
EXPLORATION
The agreement includes $6,555,400,000 for Exploration and
recognizes that the Nation deserves a safe and robust human
spaceflight program to explore beyond low-Earth orbit (LEO) and
ensure U.S. leadership in space. To support these efforts, the
agreement provides funding for NASA to make investments in
critical infrastructure that will enable the human exploration
of space beyond LEO through the Artemis program and provide
flexibility for a variety of mission destinations including the
Moon and Mars.
Orion Multi-Purpose Crew Vehicle.--The agreement includes
$1,406,700,000 for the Orion Multi-Purpose Crew Vehicle. NASA
is further directed to inform Congress of the status of
activities related to Orion, the European Service Module, and
ongoing activities related to integration of Orion with Space
Launch System and associated ground infrastructure.
Space Launch System (SLS).--The agreement provides
$2,585,900,000 for SLS, of which $400,000,000 is for concurrent
SLS Block 1B Development, including Exploration Upper Stage
development and associated stage adapter work. The agreement is
supportive of fully developing the capabilities of SLS, and
directs NASA to continue the simultaneous development of
activities as authorized under sections 302(c)(1)(a) and (b) of
Public Law 111-267. The agreement reiterates House language
directing NASA to engage an independent reviewer to conduct a
review of SLS completion costs. Additionally, not later than
180 days after the enactment of this Act, the agreement directs
NASA to submit to the Committees a comprehensive manifest of
Space Launch System cargo flights through 2030 which
incorporates planned Science missions, such as the Europa
Lander mission and outer planet missions to Uranus and Neptune.
Exploration Ground Systems.--In lieu of direction in the
House report, the agreement includes $590,000,000 for
Exploration Ground Systems.
VAB Construction.--The agreement provides for a transfer of
$25,000,000 from Exploration Systems Development to Exploration
Construction of Facilities, to fund additional Exploration
Ground Systems construction requirements incrementally,
consistent with the incremental funding authority provided for
Exploration Systems in the FY 2018 Consolidated Appropriations
Act (P.L. 115-141), as Exploration Systems programs move from
development to production and operations. This transfer will
increase funding for the KSC Modifications to Launch
Infrastructure for SLS project, to initiate construction of new
platforms for Vehicle Assembly Building (VAB) High Bay 3 to
enable processing the SLS Block 1B configuration.
Second Mobile Launch Platform (MLP-2).--In lieu of the
House report language, the agreement within Exploration Ground
Systems includes $74,000,000 for MLP-2.
Exploration Research and Development.--The agreement
includes $1,972,800,000 for Exploration Research and
Development, and directs that of that amount, $698,800,000 is
for Gateway, and $850,000,000 is for the Human Landing System.
Priority of Use Missions.--NASA is directed to continue
reporting to the Committees any activities that cause NASA to
invoke its ``Priority of Use'' clause, including identifying
the conflicting activities between NASA and non-Federal
activities, and how the conflict was resolved, 15 days prior to
any activity taking place. NASA shall ensure that any non-
Federal activities do not interfere with the progress of, and
schedule for, the Artemis missions.
Lunar Lander Program Office.--Within the amount provided
for the Human Landing System, the agreement includes full
funding for the Lunar Lander Program Office.
SPACE OPERATIONS
The agreement provides $3,988,200,000 for Space Operations,
including $17,000,000 for commercial low Earth orbit (LEO)
development.
Commercial Crew and Cargo Program.--The agreement provides
the requested level of funding for Commercial Crew and Cargo,
including funds to enable cargo flights for all three current
providers within the Commercial Crew and Cargo program.
Biological and Physical Science Research and
Applications.--At the request of NASA, the agreement moves the
Biological and Physical Science research and applications to
the Science Mission Directorate. The agreement supports the
full request for ISS Research. However, of the requested
amount, $79,100,000 for Biological and Physical Science is
provided within the NASA Science account. NASA is directed to
continue to support grant opportunities in biological and
physical sciences research within a microgravity environment,
including continued study of and quantifying potential exposure
to cosmic rays through initiatives such as the Alpha Magnetic
Spectrometer.
Commercial LEO Development.--The agreement provides
$17,000,000 for LEO commercialization to grow promising
research across all scientific disciplines and industries.
Within 180 days of enactment of this Act, NASA shall provide
the Committees the selection criteria used by NASA and other
U.S. based entities for selecting projects, a list of the
projects selected, the total costs incurred by NASA for
delivery and execution of each project, and the amount NASA
will be reimbursed for transportation, personnel, and facility
use for each project. NASA is also directed to provide the
Committees, within 180 days of enactment of this Act, an
assessment of the benefits and challenges of using repurposed
upper stages as free-flying platforms. NASA shall not use funds
provided in this or any other Act to subsidize the cost of any
project that is primarily intended for marketing, advertising,
or entertainment purposes.
Space Communications.--The proposal to consolidate the
Communications Services Program (CSP) under Space
Communications and Navigation (SCaN) has created uncertainty
about how CSP will be managed. The agreement directs NASA to
develop a plan, budget, and timeline for sustainment of the
existing network and infrastructure upgrades, as well as
delineating responsibilities for the program and explaining how
the program goals differ from SCaN. NASA is directed to brief
the Committees on the plan within 180 days of enactment of this
Act.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT
The agreement includes $127,000,000 for Science,
Technology, Engineering, and Mathematics Engagement.
Space Grant Program.--The agreement includes $51,000,000
for the Space Grant Program; directs that these amounts be
allocated to State consortia for competitively awarded grants
in support of local, regional, and national STEM needs; and
directs that all 52 participating jurisdictions be supported at
no less than $760,000 each.
Established Program to Stimulate Competitive Research
(EPSCoR).--The agreement includes $26,000,000 for EPSCoR.
Minority University Research and Education Project
(MUREP).--The agreement includes $38,000,000 for MUREP. MUREP
is encouraged to support programs that connect science,
indigenous culture, and community, including the integration of
indigenous practices, at minority-serving higher education
institutions, including Alaska Native and Native-Hawaiian
Serving Institutions and Tribal Colleges and Universities, in a
State or States where the need for such indigenous-academic
collaboration is present.
STEM Education and Accountability Projects (SEAP).--The
agreement includes $12,000,000 for the SEAP.
Museums and Planetariums.--No less than $5,000,000 is
provided for the Competitive Program for Science Museums,
Planetariums, and NASA Visitor Centers within SEAP, and NASA is
encouraged to follow the program's authorized purpose.
SAFETY, SECURITY AND MISSION SERVICES
The agreement includes $2,936,500,000 for Safety, Security
and Mission Services.
IV&V Program.--The agreement directs that within the
amounts provided $39,100,000 is for NASA's IV&V Program and, if
necessary, NASA is directed to fund additional IV&V activities
from within the mission directorates that make use of IV&V
services.
Accounting System.--The agreement directs that NASA not
implement, alter, or configure any changes to its financial
system to accommodate amounts below NASA appropriation account
levels. NASA should request such changes, and any associated
costs, as part of a future budget request.
Buy American Provisions.--NASA is directed to follow prior
year report language included in Senate Report 116-127 and
adopted by Public Law 116-93 regarding Buy American provisions
related to marine vessels and marine vessel components.
Diversity and Inclusion.--NASA is encouraged to take steps
to promote racial and cultural acceptance and diversity within
its workforce. Within 180 days of enactment of this Act, NASA
is directed to submit a report analyzing the current racial and
cultural makeup of the agency; planned efforts to recruit,
retain, and advance applicants and employees critical to
promoting greater racial and cultural diversity, and the
outcomes of these efforts; and any additional steps and
recommendations planned to promote greater racial and cultural
acceptance and diversity throughout the NASA workforce,
including the development and analysis of metrics to evaluate
success.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The agreement includes $390,278,000 for Construction and
Environmental Compliance and Restoration (CECR). The agreement
also includes the request for Construction of Facilities for
Science, Exploration, and Space Operations.
OFFICE OF INSPECTOR GENERAL
The agreement includes $44,200,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
NASA is directed to provide any notification under section
20144(h)(4) of title 52, United States Code, to the Committees.
The agreement also permits a transfer of funds from
Exploration to Construction.
Not more than 20 percent or $50,000,000, whichever is less,
of the amounts made available in the current-year CECR
appropriation may be applied to CECR projects funded under
previous years' appropriation acts. Use of current-year funds
under this provision shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section.
National Science Foundation
The agreement includes $8,486,759,000 for the National
Science Foundation (NSF).
Arecibo Observatory (AO).--The significant loss caused by
the collapse of the 305-meter radio telescope at the Arecibo
Observatory in Arecibo, Puerto Rico, is devastating. During its
57 years in operation, the telescope was an integral part of
U.S. capabilities to advance scientific research and served as
an iconic, beloved site for the residents of Puerto Rico and
the scientific community. With this in mind and keeping safety
as the number one priority, NSF is directed to report to the
Committees within 60 days of enactment of this Act on the
causes and extent of the damage, the plan to remove debris in a
safe and environmentally sound way, the preservation of the
associated AO facilities and surrounding areas, and the process
for determining whether to establish comparable technology at
the site, along with any associated cost estimates. NSF shall
keep the Committees informed of any other activities related to
this facility.
Innovation Corps.--The agreement includes $40,000,000 for
the Innovation Corps program. NSF is encouraged to facilitate
greater participation in the program from academic institutions
in States that have not previously received awards.
Student Diversity and Success Research.--The agreement
adopts House language regarding Historically Black Colleges and
Universities (HBCU) Student Diversity and Success Research and
expands it to encourage NSF to support the listed activities at
Hispanic Serving Institutions, Alaska Native Serving
Institutions, Native-Hawaiian Serving Institutions, and Tribal
Colleges and Universities and to direct NSF to include these
types of institutions in the required report, in addition to
HBCUs.
RESEARCH AND RELATED ACTIVITIES
The agreement includes $6,909,769,000 for Research and
Related Activities (R&RA) and no less than $200,000,000 for
EPSCoR.
Within the amount provided for R&RA, the agreement provides
for the Facility Operation Transition activity at the budget
request level, operation of the National Ecological Observatory
Network at no less than the fiscal year 2020 level, and the
Center for High Energy X-Ray Science at no less than the budget
request level.
Maintaining Core Research.--NSF shall maintain its core
research at levels not less than those provided in fiscal year
2020, including supporting existing observational networks and
research infrastructure, including astronomy facilities, the
academic research fleet, federally funded research and
development centers and the national high-performance computing
centers.
Daniel K. Inouye Solar Telescope (DKI-ST).--The agreement
supports the budget request for the Daniel K. Inouye Solar
Telescope (DKI-ST). NSF is encouraged to support the existing
ancillary academic partnerships between NSF and DKI-ST.
Green Bank Observatory (GBO).--The agreement supports NSF's
effort to develop multi-agency plans at GBO and provides no
less than the request level to support operations and
maintenance at GBO through multi-agency plans, or directly
through the Foundation.
Navigating the New Arctic.--The Committee urges NSF to
formulate Arctic research programs leveraging expertise from
regions accustomed to changing marine ecosystems. Specifically,
NSF is encouraged to consider the impact of the opening of the
two trans-Arctic sea routes and the proximity to deep U.S.
ports.
Online Influence.--NSF is encouraged to consider additional
research efforts that will help counter influence from foreign
adversaries on social media platforms designed to influence
U.S. perspectives and undermine confidence in U.S. elections
and institutions. To the extent practicable, NSF should engage
other Federal agencies to help identify areas of research that
will provide insight that can mitigate adversarial online
influence.
U.S. Neutron Monitor Network.--NSF is directed to
immediately submit the U.S. Neutron Monitor Network plan
required under Senate Report 116-127, as adopted in Public Law
116-93.
Study of Temperate Woodland and Alpine Ecosystems and
Ecoregions.--NSF is expected to continue supporting research on
unique mountain temperate woodland ecosystems and ecoregions,
in order to better understand and sustain the health and
vitality of mountain ecosystems.
Spectrum Innovation Initiative.--The agreement supports
investments in the Spectrum Innovation Initiative.
Water Contamination Research.--From fiscal year 2014 to
present, NSF has obligated more than $30,000,000 to research
related to the water crisis in Flint, Michigan, or closely
related subjects. NSF is encouraged to continue multi-
institutional, multidisciplinary water-related research.
Rules of Life.--The agreement supports NSF's focus on Rules
of Life funding of research, including in plant genomics, and
directs NSF to continue to advance the ongoing plant genomics
research program, further its work in crop-based genomics
research, and to maintain a focus on research related to crops
of economic importance.
Verification of the Origins of Rotation in Tornadoes
Experiment-Southeast (VORTEX-SE).--NSF is encouraged to
continue its cooperation with NOAA for the VORTEX-SE field
campaign in the southeastern United States. NSF should look
beyond its traditional research disciplines to utilize
programs, co-funding opportunities, and to utilize
collaborative research to better understand the fundamental
natural processes of tornadoes and to improve models of these
seasonal extreme events.
High-Performance Computing Planning.--NSF should invest in
additional high-performance computational systems and renew and
adequately resource its commitment to developing and supporting
systems that facilitate tremendous leaps in computational
simulation.
Intense, Ultrafast Lasers.--In 2018, the National Academy
of Sciences found that the United States has lost its previous
dominance in high-intensity lasers, which are critical to
advance scientific discovery, future science facilities, and
important applications in national security, industry, and
medicine. NSF is encouraged to implement report recommendations
and to make the necessary early stage investments in intense,
ultrafast laser science and technology.
Marine Research.--NSF is to maintain current funding levels
for marine research facilities. A plan shall be developed by
NSF with the scientific community to continue researcher access
to marine research facilities and to accept new research
proposals.
Re-Engineering Plastic Textiles.--NSF is encouraged to take
a comprehensive and coordinated approach to support research in
plastics, microplastics, and microfibers to address the
significant challenges on the aquatic environment, to human
health, and in the transport and migration of materials, waste
management, and development of alternative materials.
Coastlines and People.--NSF is encouraged to continue to
advance research in coastal environmental viability and natural
hazards in coastal regions, including the efforts of the
Coastlines and People program.
Quantum Information Science.--The agreement includes funds
up to the request levels for quantum information science
research and from within this amount provides no less than
$160,000,000 for activities authorized under section 301 of the
National Quantum Initiative Act and $50,000,000 for National
Quantum Information Science Research Centers, as authorized in
section 302 of that Act.
Artificial Intelligence (AI).--This agreement fully funds
AI related grants and interdisciplinary research initiatives
across NSF at up to the fiscal year 2021 request level. In
addition, the agreement reiterates House language to encourage
NSF to continue its efforts in workforce development for AI and
other emerging technologies, with focused outreach to community
colleges, Historically Black Colleges and Universities,
Hispanic Serving Institutions, Tribal Colleges and Universities
and other Minority Serving Institutions.
Sustainable Chemistry Research.--NSF is encouraged to
develop and implement a sustainable chemistry research and
development program, as authorized by the America Competes
Reauthorization Act of 2010 (Public Law 111- 358).
Additionally, NSF shall report to the Committees within 90 days
after the enactment of this Act on its implementation plan for
this program.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The agreement includes $241,000,000 for Major Research
Equipment and Facilities Construction (MREFC), including funds
at the requested levels for the continued construction of the
Vera C. Rubin Observatory (previously known as the Large
Synoptic Survey Telescope), the Antarctic Infrastructure
Modernization for Science, and the High Luminosity-Large Hadron
Collider Upgrade. The Government Accountability Office is
directed to continue its annual reviews and semiannual updates
of programs funded within MREFC and shall report to Congress on
the status of large-scale NSF projects and activities based on
its review of this information.
Mid-scale Research Infrastructure.--The agreement includes
$76,250,000 for Mid-scale research infrastructure. NSF is
encouraged to award at least one mid-scale research
infrastructure project led by an institution in an EPSCoR
State.
Infrastructure Planning.--Under 42 U.S.C 1862l, the NSF
Director is required to prepare, and include as part of the
Foundation's annual budget request to Congress, a plan for the
proposed construction of, and repair and upgrades to, national
research facilities. Under 42 U.S.C. 1862n-4, the Director,
with the approval of the National Science Board, also develops
a prioritized list of MREFC projects approved by the Board. The
Board found in its 2030 Vision report that: ``Providing
research infrastructure across the range of scientific fields
and at various scales will require field-based, agency-based,
and interagency planning and execution to ensure that
infrastructure investments are complementary and that America's
S&E infrastructure is globally competitive.'' In lieu of House
language regarding infrastructure planning, NSF and the Board
are encouraged to engage in robust planning for and investments
in the next generation of world class facilities, including any
projects recommended by the upcoming Astrophysics decadal
survey.
Buy American Provisions.--NSF is directed to follow prior
year report language included in Senate Report 116-127 and
adopted by Public Law 116-93 regarding Buy American provisions
related to marine vessels and marine vessel components.
EDUCATION AND HUMAN RESOURCES
The agreement includes $968,000,000 for Education and Human
Resources, including no less than these amounts for the
following programs: $49,500,000 for Louis Stokes Alliance for
Minority Participation; $75,000,000 for the Advanced
Technological Education program; $36,500,000 for the
Historically Black Colleges and Universities Undergraduate
Program; $16,500,000 for the Tribal Colleges and Universities
Program; $62,500,000 for Advancing Informal STEM Learning;
$8,000,000 for the Alliance for Graduate Education and the
Professoriate; $24,000,000 for Centers for Research Excellence
in Science and Technology; and $18,000,000 for Advancement of
Women in Academic Science and Engineering Careers.
The agreement does not adopt the proposed funding
reductions for the Improving Undergraduate STEM Education,
Robert Noyce Scholarship Program, or the Graduate Research
Fellowship, and instead includes the fiscal year 2020 funding
levels for these programs.
Funding in this account is also used to implement the
Building Blocks of STEM Act (Public Law. 116-102).
Hispanic-Serving Institutions (HSIs).--The agreement
includes $46,500,000 for the HSI program to build capacity at
institutions of higher education that typically do not receive
high levels of NSF funding.
CyberCorps: Scholarships for Service.--The agreement
includes no less than $60,000,000 for the CyberCorps:
Scholarships for Service program, of which not less than
$7,500,000 should be used to continue work with community
colleges that have been designated as a Center of Academic
Excellence in Information Assurance 2-Year Education (CAE2Y) by
the National Security Agency and the Department of Homeland
Security, including through providing scholarships to students
at CAE2Y institutions who will not transfer into a 4-year
program, such as career-changers who possess 4-year degrees and
veterans of the Armed Forces.
Cybersecurity Research.--In addition to the partnership
efforts called for in the House report under this heading, NSF
is urged to collaborate with National Initiative for
Cybersecurity Education at NIST on efforts to develop
cybersecurity skills in the workforce, especially in support of
nontraditional or technical degree qualifications.
Bioprocessing.--NSF is encouraged to include training in
bioprocessing within appropriate research areas as part of
their educational efforts.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The agreement includes $345,640,000 for Agency Operations
and Award Management.
Diversity and Inclusion.--NSF is encouraged to take steps
to promote racial and cultural acceptance and diversity within
its workforce. Within 180 days of enactment of this Act, NSF is
directed to submit a report analyzing the current racial and
cultural makeup of the Foundation; planned efforts to recruit,
retain, and advance applicants and employees critical to
promoting greater racial and cultural diversity, and the
outcomes of these efforts; and any additional steps and
recommendations planned to promote greater racial and cultural
acceptance and diversity throughout the NSF workforce,
including the development and analysis of metrics to evaluate
success.
OFFICE OF THE NATIONAL SCIENCE BOARD
The agreement includes $4,500,000 for the National Science
Board.
OFFICE OF INSPECTOR GENERAL
The agreement includes $17,850,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes two administrative provisions. One
allows limited transfers of funds among accounts. The other
requires notification for disposal of certain assets.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The agreement includes $12,500,000 for the Commission on
Civil Rights, of which $500,000 is included for first-year
costs to establish the Commission on the Social Status of Black
Men and Boys. Within 60 days of enactment of this Act, the
Commission shall provide the Committees with a detailed
spending plan for the funding provided for the Commission on
the Social Status of Black Men and Boys. In addition, the
Commission shall include the Commission on the Social Status of
Black Men and Boys as a separate line item in future fiscal
year budget requests.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The agreement includes $404,490,000 for the Equal
Employment Opportunity Commission (EEOC).
Summary of Equal Pay Data and Report.--In lieu of House
language regarding analyzing summary pay information collected
through the revised EEO-1 form for 2017 and 2018, it is
acknowledged that the EEOC is contracting with the National
Academies of Sciences, Engineering, and Medicine's Committee on
National Statistics to conduct an independent assessment of the
quality and utility of the EEO-1 Component 2 data for fiscal
years 2017 and 2018. The Committees on Appropriations expect a
thorough, transparent review of the data, and look forward to
the results of the study that will be completed in December of
2021.
Charge Reporting.--EEOC is directed to report to the
Committees and post on its public website within 30 days of
enactment of this Act on the number of A, B, and C charges for
each of the last five fiscal years.
Public Comment on EEOC Guidance.--If requested by at least
two Commissioners, the EEOC shall make any new guidance
available for public comment in the Federal Register for not
less than 30 days prior to taking any potential action on
proposed guidance.
Nondiscrimination report.--The EEOC, in consultation with
OMB and OPM, is directed to submit a report within 90 days of
enactment of this Act on its efforts to prevent discrimination
in the awarding of Federal grants, cooperative agreements, and
other assistance.
International Trade Commission
SALARIES AND EXPENSES
The agreement includes $103,000,000 for the International
Trade Commission.
In lieu of direction in the House report, the agreement
acknowledges concerns that some regions of the United States
that specialize in seasonal produce may be vulnerable to
competition and unfair trade practices from foreign markets.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The agreement includes $465,000,000 for the Legal Services
Corporation.
Marine Mammal Commission
SALARIES AND EXPENSES
The agreement includes $3,769,000 for the Marine Mammal
Commission.
Office of the United States Trade Representative
The agreement includes a total of $70,000,000 for the
Office of the U.S. Trade Representative (USTR).
The agreement reinforces the frustration expressed in the
House report concerning USTR's lack of mandatory notification
to the Committees under section 505 of this Act and prior year
Appropriations Acts concerning the creation of a new office
within its organization. Section 505 prohibits both the
creation of a new program, project, or activity and the
reorganization or renaming of offices without advance
notification to the Committees. USTR's justification that the
new office was resource neutral and simply a realignment of
existing resources is unacceptable as its actions run in direct
contravention of section 505 and section 903 of Title IX of the
United States-Mexico-Canada Implementation Act (Public Law 116-
113). The agreement further stresses that future violations
will be penalized appropriately.
SALARIES AND EXPENSES
The agreement includes $55,000,000 for the salaries and
expenses of USTR. For fiscal year 2021, USTR is directed to
follow prior year report language, included in Senate Report
116-127 and adopted in Public Law 116-93, on the following
topics: ``Trade and Agricultural Exports,'' ``Section 301
Exclusion Process,'' and ``Travel.'' In addition, USTR is
directed to follow prior year report language regarding ``De
Minimis Thresholds'' included in the explanatory statement
accompanying Public Law 116-93.
China Trade Deal Costs.--USTR is directed to provide the
Committees, on a biannual basis, a report documenting the
agency's obligations related to the Bilateral Evaluation and
Dispute Resolution Office created as part of the Economic and
Trade Agreement Between the United States of America and the
People's Republic of China, also known as the U.S.-China Phase
One deal.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $15,000,000, which is to be derived
from the Trade Enforcement Trust Fund, for trade enforcement
activities and transfers authorized by the Trade Facilitation
and Trade Enforcement Act of 2015.
State Justice Institute
SALARIES AND EXPENSES
The agreement includes $7,000,000 for the State Justice
Institute (SJI).
Fines, Fees, and Bail Practices.--One of SJI's priority
areas of investment for fiscal year 2020 was fines, fees, and
bail practices. SJI is encouraged to continue investing in this
area so that State courts can continue taking a leadership role
in reviewing these practices.
Emergency Preparedness and Cybersecurity.--SJI is
encouraged to continue its ongoing emergency preparedness and
cybersecurity funding priority, which supports projects that
address innovative approaches to ensuring courts are prepared
to respond to disasters, pandemics, attacks on electronic
systems, and other threats.
State Court Behavioral Health Collaborative.--SJI is
encouraged to document and promote innovative court-based
programs that address substance abuse and mental illness and
develop a sustainable community of practice to share the
programs and practices on a national level.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or existing Executive order issued
pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of this Act and the
application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project, or activity; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates an office
or employee; (5) reorganizes or renames offices, programs, or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects, or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any existing program, project, or activity,
or numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
projects, or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract with funds made
available in this Act. The section further provides that to the
extent practicable, with respect to purchases of promotional
items, funds made available under this Act shall be used to
purchase items manufactured, produced, or assembled in the
United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency, and
provides transfer authority between appropriation accounts to
carry out this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type. This provision is not
intended to impact routine international trade services to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Section 510 stipulates the obligations of certain receipts
deposited into the Crime Victims Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds in this
agreement to any department, agency, or instrumentality of the
United States Government, except for transfers made by, or
pursuant to authorities provided in, this agreement or any
other appropriations Act.
Section 513 requires certain timetables of audits performed
by Inspectors General of the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, the
National Science Foundation and the Legal Services Corporation
and sets limits and restrictions on the awarding and use of
grants or contracts funded by amounts appropriated by this Act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered under section 514 shall submit a quarterly
report to the Committees on Appropriations describing reviews
and assessments of risk made pursuant to this section and any
associated findings or determinations.
Section 515 prohibits the use of funds in this Act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 516 prohibits the use of funds to include certain
language in trade agreements.
Section 517 prohibits the use of funds in this Act to
authorize or issue a National Security Letter (NSL) in
contravention of certain laws authorizing the Federal Bureau of
Investigation to issue NSLs.
Section 518 requires congressional notification for any
project within the Departments of Commerce or Justice, the
National Science Foundation, or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 519 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the
enactment of the Intelligence Authorization Act for fiscal year
2021.
Section 520 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has no unpaid Federal tax
assessment.
(RESCISSIONS)
Section 521 provides for rescissions of unobligated
balances. Subsection (c) requires the Departments of Commerce
and Justice to submit a report on the amount of each
rescission. These reports shall include the distribution of
such rescissions among decision units, or, in the case of
rescissions from grant accounts, the distribution of such
rescissions among specific grant programs, and whether such
rescissions were taken from recoveries and deobligations, or
from funds that were never obligated. Rescissions shall be
applied to discretionary budget authority balances that were
not appropriated with emergency or disaster relief
designations.
Section 522 prohibits the use of funds in this Act for the
purchase of first class or premium air travel in contravention
of the Code of Federal Regulations.
Section 523 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees, who
are stationed in the United States, at any single conference
outside the United States, unless the conference is: (1) a law
enforcement training or operational event where the majority of
Federal attendees are law enforcement personnel stationed
outside the United States, or (2) a scientific conference for
which the department or agency head has notified the House and
Senate Committees on Appropriations that such attendance is in
the national interest, along with the basis for such
determination.
Section 524 requires any department, agency, or
instrumentality of the United States Government receiving funds
appropriated under this Act to track and report on undisbursed
balances in expired grant accounts.
Section 525 requires, when practicable, the use of funds in
this Act to purchase light bulbs that have the ``Energy Star''
or ``Federal Energy Management Program'' designation.
Section 526 prohibits the use of funds by NASA, OSTP, or
the National Space Council (NSC) to engage in bilateral
activities with China or a Chinese-owned company or effectuate
the hosting of official Chinese visitors at certain facilities
unless the activities are authorized by subsequent legislation
or NASA, OSTP, or NSC have made a certification pursuant to
subsections (c) and (d) of this section.
Section 527 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement and victim assistance purposes.
Section 528 requires the departments and agencies funded in
this Act to submit spending plans.
Section 529 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract.
Section 530 prohibits the use of funds by the Department of
Justice or the Drug Enforcement Administration in contravention
of a certain section of the Agricultural Act of 2014.
Section 531 prohibits the Department of Justice from
preventing certain States from implementing State laws
regarding the use of medical marijuana.
Section 532 requires quarterly reports from the Department
of Commerce, the National Aeronautics and Space Administration,
and the National Science Foundation of travel to China.
Section 533 limits formulation and development costs for
the James Webb Space Telescope.
Section 534 requires 10 percent of the funds for certain
programs be allocated for assistance in persistent poverty
counties.
Section 535 includes language regarding detainees held at
Guantanamo Bay.
Section 536 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Section 537 prohibits the use of funds in this Act to
require certain export licenses.
Section 538 prohibits the use of funds in this Act to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 539 prohibits funds from being used to deny the
importation of shotgun models if no application for the
importation of such models, in the same configuration, had been
denied prior to January 1, 2011, on the basis that the shotgun
was not particularly suitable for or readily adaptable to
sporting purposes.
Section 540 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 541 makes emergency supplemental appropriations for
``United States Marshals Service, Federal Prisoner Detention.''
Section 542 makes emergency supplemental appropriations for
``Federal Bureau of Investigation, Salaries and Expenses.''
Section 543 makes emergency supplemental appropriations for
``Federal Prison System, Salaries and Expenses.''
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021
=======================================================================
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active duty
(except members of reserve components provided for elsewhere),
cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$44,861,853,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active duty
(except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$33,764,579,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of Public
Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund,
$14,557,436,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $32,784,171,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Reserve
on active duty under sections 10211, 10302, and 7038 of title
10, United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $5,037,119,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Reserve
on active duty under section 10211 of title 10, United States
Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,200,600,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine Corps
Reserve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty, and for members of
the Marine Corps platoon leaders class, and expenses authorized
by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$843,564,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038 of
title 10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $2,193,493,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army National
Guard while on duty under sections 10211, 10302, or 12402 of
title 10 or section 708 of title 32, United States Code, or
while serving on duty under section 12301(d) of title 10 or
section 502(f) of title 32, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $8,663,999,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air National
Guard on duty under sections 10211, 10305, or 12402 of title 10
or section 708 of title 32, United States Code, or while
serving on duty under section 12301(d) of title 10 or section
502(f) of title 32, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $4,530,091,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$38,418,982,000: Provided, That not to exceed $12,478,000 may
be used for emergencies and extraordinary expenses, to be
expended upon the approval or authority of the Secretary of the
Army, and payments may be made upon his certificate of
necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $47,632,527,000: Provided, That not to
exceed $15,055,000 may be used for emergencies and
extraordinary expenses, to be expended upon the approval or
authority of the Secretary of the Navy, and payments may be
made upon his certificate of necessity for confidential
military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by
law, $7,286,184,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $33,528,409,000: Provided, That not to exceed $7,699,000
may be used for emergencies and extraordinary expenses, to be
expended upon the approval or authority of the Secretary of the
Air Force, and payments may be made upon his certificate of
necessity for confidential military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by
law, $2,492,114,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments), as
authorized by law, $39,048,990,000: Provided, That not more
than $3,000,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the
Secretary of Defense, and payments may be made upon his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $48,000,000 shall be made available for
the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $4,500,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further,
That none of the funds appropriated or otherwise made available
by this Act may be used to plan or implement the consolidation
of a budget or appropriations liaison office of the Office of
the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the
Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $18,000,000, to remain
available until expended, is available only for expenses
relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to
operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the
appropriations to which transferred: Provided further, That
any ceiling on the investment item unit cost of items that may
be purchased with operation and maintenance funds shall not
apply to the funds described in the preceding proviso:
Provided further, That of the funds provided under this
heading, $656,140,000, of which $434,630,000, to remain
available until September 30, 2022, shall be available for
International Security Cooperation Programs and other programs
to provide support and assistance to foreign security forces or
other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or building partner capacity
programs: Provided further, That the Secretary of Defense
shall, not less than 15 days prior to obligating funds made
available in this section for International Security
Cooperation Programs, notify the congressional defense
committees in writing of the details of any such obligation:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the Committees on Appropriations of the
House of Representatives and the Senate on the use and status
of funds made available in this paragraph: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in
this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,887,898,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,115,150,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $283,494,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,268,461,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army National Guard
as authorized by law; and expenses of repair, modification,
maintenance, and issue of supplies and equipment (including
aircraft), $7,350,837,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished from
stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis
as authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while
inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $6,785,853,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $15,211,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $264,285,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $421,250,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $509,250,000, to remain
available until transferred: Provided, That the Secretary of
the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling
of hazardous waste, removal of unsafe buildings and debris of
the Department of the Air Force, or for similar purposes,
transfer the funds made available by this appropriation to
other appropriations made available to the Department of the
Air Force, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $19,952,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of Defense, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $288,750,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407,
2557, and 2561 of title 10, United States Code), $147,500,000,
to remain available until September 30, 2022: Provided, That
such amounts shall not be subject to the limitation in section
407(c)(3) of title 10, United States Code.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or
by grants, under programs and activities of the Department of
Defense Cooperative Threat Reduction Program authorized under
the Department of Defense Cooperative Threat Reduction Act,
$360,190,000, to remain available until September 30, 2023.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce
Development Account, $88,181,000, to remain available for
obligation until September 30, 2021: Provided, That no other
amounts may be otherwise credited or transferred to the
Account, or deposited into the Account, in fiscal year 2021
pursuant to section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $3,457,342,000, to remain
available for obligation until September 30, 2023.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $3,220,541,000, to remain
available for obligation until September 30, 2023.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $3,611,887,000, to remain available for
obligation until September 30, 2023.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $2,790,140,000, to remain available for
obligation until September 30, 2023.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $8,603,112,000, to remain
available for obligation until September 30, 2023.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway, $19,480,280,000, to remain available for
obligation until September 30, 2023.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $4,477,773,000, to remain
available for obligation until September 30, 2023.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $792,023,000, to remain available for
obligation until September 30, 2023.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine
tools and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; procurement of critical, long lead time components and
designs for vessels to be constructed or converted in the
future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title, as follows:
Columbia Class Submarine, $2,869,024,000;
Columbia Class Submarine (AP), $1,253,175,000;
Carrier Replacement Program (CVN-80), $958,933,000;
Carrier Replacement Program (CVN-81), $1,606,432,000;
Virginia Class Submarine, $4,603,213,000;
Virginia Class Submarine (AP), $2,173,187,000;
CVN Refueling Overhauls, $1,531,153,000;
CVN Refueling Overhauls (AP), $17,384,000;
DDG-1000 Program, $78,205,000;
DDG-51 Destroyer, $3,219,843,000;
DDG-51 Destroyer (AP), $159,297,000;
FFG-Frigate, $1,053,123,000;
LPD Flight II, $1,125,801,000;
LPD 32 (AP), $1,000,000;
LPD 33 (AP), $1,000,000;
Expeditionary Sea Base (AP), $73,000,000;
LHA Replacement, $500,000,000;
Expeditionary Fast Transport, $260,000,000;
TAO Fleet Oiler, $20,000,000;
Towing, Salvage, and Rescue Ship, $157,790,000;
LCU 1700, $87,395,000;
Service Craft, $244,147,000;
LCAC SLEP, $56,461,000;
Auxiliary Vessels, $60,000,000;
For outfitting, post delivery, conversions, and first
destination transportation, $752,005,000; and
Completion of Prior Year Shipbuilding Programs,
$407,312,000.
In all: $23,268,880,000, to remain available for obligation
until September 30, 2025: Provided, That additional
obligations may be incurred after September 30, 2025, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of ship
construction: Provided further, That none of the funds
provided under this heading for the construction or conversion
of any naval vessel to be constructed in shipyards in the
United States shall be expended in foreign facilities for the
construction of major components of such vessel: Provided
further, That none of the funds provided under this heading
shall be used for the construction of any naval vessel in
foreign shipyards: Provided further, That funds appropriated
or otherwise made available by this Act for Columbia Class
Submarine (AP) may be available for the purposes authorized by
subsections (f), (g), (h) or (i) of section 2218a of title 10,
United States Code, only in accordance with the provisions of
the applicable subsection.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $10,512,209,000, to remain
available for obligation until September 30, 2023: Provided,
That such funds are also available for the maintenance, repair,
and modernization of Pacific Fleet ships under a pilot program
established for such purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances,
and machine tools, and installation thereof in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; vehicles for the Marine Corps,
including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title, $2,648,375,000, to remain available
for obligation until September 30, 2023.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized ground
handling equipment, and training devices, spare parts, and
accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes including
rents and transportation of things, $19,212,753,000, to remain
available for obligation until September 30, 2023.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and
accessories therefor; ground handling equipment, and training
devices; expansion of public and private plants, Government-
owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $2,142,181,000, to remain available for obligation
until September 30, 2023.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $550,844,000, to remain available for
obligation until September 30, 2023.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway,
$23,441,648,000, to remain available for obligation until
September 30, 2023.
Procurement, Space Force
For construction, procurement, and modification of
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment, and
training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $2,310,994,000, to remain available for obligation
until September 30, 2023.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $5,837,347,000, to remain available for obligation
until September 30, 2023.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. 4518, 4531, 4532, and 4416), $174,639,000,
to remain available until expended: Provided, That no less
than $60,000,000 of the funds provided under this heading shall
be obligated and expended by the Secretary of Defense in behalf
of the Department of Defense as if delegated the necessary
authorities conferred by the Defense Production Act of 1950.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $13,969,032,000, to remain available for
obligation until September 30, 2022.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $20,078,829,000, to remain available for
obligation until September 30, 2022: Provided, That funds
appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the
Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $36,357,443,000, to remain available for
obligation until September 30, 2022.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $10,540,069,000, to remain available until
September 30, 2022.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for
basic and applied scientific research, development, test and
evaluation; advanced research projects as may be designated and
determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $25,932,671,000, to remain available for
obligation until September 30, 2022.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and evaluation;
and administrative expenses in connection therewith,
$257,120,000, to remain available for obligation until
September 30, 2022.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,473,910,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as authorized
by law, $33,684,607,000; of which $30,747,659,000 shall be for
operation and maintenance, of which not to exceed one percent
shall remain available for obligation until September 30, 2022,
and of which up to $16,008,365,000 may be available for
contracts entered into under the TRICARE program; of which
$544,369,000, to remain available for obligation until
September 30, 2023, shall be for procurement; and of which
$2,392,579,000, to remain available for obligation until
September 30, 2022, shall be for research, development, test
and evaluation: Provided, That, notwithstanding any other
provision of law, of the amount made available under this
heading for research, development, test and evaluation, not
less than $8,000,000 shall be available for HIV prevention
educational activities undertaken in connection with United
States military training, exercises, and humanitarian
assistance activities conducted primarily in African nations:
Provided further, That of the funds provided under this heading
for research, development, test and evaluation, not less than
$1,489,000,000 shall be made available to the United States
Army Medical Research and Development Command to carry out the
congressionally directed medical research programs: Provided
further, That the Secretary of Defense shall submit to the
congressional defense committees quarterly reports on the
current status of the deployment of the electronic health
record: Provided further, That the Secretary of Defense shall
provide notice to the congressional defense committees not
later than 10 business days after delaying the proposed
timeline of such deployment if such delay is longer than 1
week: Provided further, That the Comptroller General of the
United States shall perform quarterly performance reviews of
such deployment.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical weapon
stockpile, $1,049,800,000, of which $106,691,000 shall be for
operation and maintenance, of which no less than $51,009,000
shall be for the Chemical Stockpile Emergency Preparedness
Program, consisting of $22,235,000 for activities on military
installations and $28,774,000, to remain available until
September 30, 2022, to assist State and local governments;
$616,000 shall be for procurement, to remain available until
September 30, 2023, of which not less than $616,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to
assist State and local governments; and $942,493,000, to remain
available until September 30, 2022, shall be for research,
development, test and evaluation, of which $935,999,000 shall
only be for the Assembled Chemical Weapons Alternatives
program.
Drug Interdiction and Counter-drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations available
to the Department of Defense for military personnel of the
reserve components serving under the provisions of title 10 and
title 32, United States Code; for operation and maintenance;
for procurement; and for research, development, test and
evaluation, $914,429,000, of which $567,003,000 shall be for
counter-narcotics support; $127,704,000 shall be for the drug
demand reduction program; $194,211,000 shall be for the
National Guard counter-drug program; and $25,511,000 shall be
for the National Guard counter-drug schools program: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for the
same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That
the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere in
this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $375,439,000, of which $373,483,000
shall be for operation and maintenance, of which not to exceed
$700,000 is available for emergencies and extraordinary
expenses to be expended upon the approval or authority of the
Inspector General, and payments may be made upon the Inspector
General's certificate of necessity for confidential military
purposes; of which $858,000, to remain available for obligation
until September 30, 2023, shall be for procurement; and of
which $1,098,000, to remain available until September 30, 2022,
shall be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $633,719,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That
salary increases granted to direct and indirect hire foreign
national employees of the Department of Defense funded by this
Act shall not be at a rate in excess of the percentage increase
authorized by law for civilian employees of the Department of
Defense whose pay is computed under the provisions of section
4162 of title 5, United States Code, or at a rate in excess of
the percentage increase provided by the appropriate host nation
to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense
foreign service national employees serving at United States
diplomatic missions whose pay is set by the Department of State
under the Foreign Service Act of 1980: Provided further, That
the limitations of this provision shall not apply to foreign
national employees of the Department of Defense in the Republic
of Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in
this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to
obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may, with the approval of the Office of Management
and Budget, transfer not to exceed $4,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for military
functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be
merged with and to be available for the same purposes, and for
the same time period, as the appropriation or fund to which
transferred: Provided, That such authority to transfer may not
be used unless for higher priority items, based on unforeseen
military requirements, than those for which originally
appropriated and in no case where the item for which funds are
requested has been denied by the Congress: Provided further,
That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or
any other authority in this Act: Provided further, That no
part of the funds in this Act shall be available to prepare or
present a request to the Committees on Appropriations of the
House of Representatives and the Senate for reprogramming of
funds, unless for higher priority items, based on unforeseen
military requirements, than those for which originally
appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of
funds using authority provided in this section shall be made
prior to June 30, 2021: Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and
adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act and the tables
contained in the classified annex accompanying this Act, the
obligation and expenditure of amounts appropriated or otherwise
made available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried out
in the manner provided by such tables to the same extent as if
the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between appropriation
accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this
Act, the Department of Defense shall submit a report to the
congressional defense committees to establish the baseline for
application of reprogramming and transfer authorities for
fiscal year 2021: Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each appropriation
both by budget activity and program, project, and
activity as detailed in the Budget Appendix; and
(3) an identification of items of special
congressional interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for reprogramming
or transfer until the report identified in subsection (a) is
submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional
defense committees that such reprogramming or transfer is
necessary as an emergency requirement: Provided, That this
subsection shall not apply to transfers from the following
appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used
Defense Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided
further, That transfers may be made between working capital
funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by
the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Congress
of the proposed transfer: Provided further, That except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a working
capital fund to procure or increase the value of war reserve
material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense
committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in
any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part
of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the
limits of the Government's liability: Provided further, That
no part of any appropriation contained in this Act shall be
available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically provided
in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to
the congressional defense committees: Provided further, That
the execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared to an
annual procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless in
the case of any such contract--
(1) the Secretary of Defense has submitted to
Congress a budget request for full funding of units to
be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes,
for any aircraft unit to be procured through the
contract for which procurement funds are requested in
that budget request for production beyond advance
procurement activities in the fiscal year covered by
the budget, full funding of procurement of such unit in
that fiscal year;
(2) cancellation provisions in the contract do not
include consideration of recurring manufacturing costs
of the contractor associated with the production of
unfunded units to be delivered under the contract;
(3) the contract provides that payments to the
contractor under the contract shall not be made in
advance of incurred costs on funded units; and
(4) the contract does not provide for a price
adjustment based on a failure to award a follow-on
contract.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance costs under chapter
20 of title 10, United States Code. Such funds may also be
obligated for humanitarian and civic assistance costs
incidental to authorized operations and pursuant to authority
granted in section 401 of title 10, United States Code, and
these obligations shall be reported as required by section
401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic
Action Teams in the Trust Territories of the Pacific Islands
and freely associated states of Micronesia, pursuant to the
Compact of Free Association as authorized by Public Law 99-239:
Provided further, That upon a determination by the Secretary
of the Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the
provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis,
for civilian patients from American Samoa, the Commonwealth of
the Northern Mariana Islands, the Marshall Islands, the
Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed
solely on the basis of any constraint or limitation in terms of
man years, end strength, full-time equivalent positions, or
maximum number of employees, but are to be managed primarily on
the basis of, and in a manner consistent with--
(1) the total force management policies and
procedures established under section 129a of title 10,
United States Code;
(2) the workload required to carry out the functions
and activities of the Department; and
(3) the funds made available to the Department for
such fiscal year.
(b) None of the funds appropriated by this Act may be used to
reduce the civilian workforce programmed full time equivalent
levels absent the appropriate analysis of the impacts of these
reductions on workload, military force structure, lethality,
readiness, operational effectiveness, stress on the military
force, and fully burdened costs.
(c) A projection of the number of full-time equivalent
positions shall not be considered a constraint or limitation
for purposes of subsection (a) and reducing funding for under-
execution of such a projection shall not be considered managing
based on a constraint or limitation for purposes of such
subsection.
(d) The fiscal year 2022 budget request for the Department of
Defense, and any justification material and other documentation
supporting such request, shall be prepared and submitted to
Congress as if subsections (a) and (b) were effective with
respect to such fiscal year.
(e) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving
benefits paid by the Secretary of Veterans Affairs from the
Department of Defense Education Benefits Fund when time spent
as a full-time student is credited toward completion of a
service commitment: Provided, That this section shall not
apply to those members who have reenlisted with this option
prior to October 1, 1987: Provided further, That this section
applies only to active components of the Army.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Program may
be transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege Program
developmental assistance agreement pursuant to section 831 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note), as amended, under
the authority of this provision or any other transfer authority
contained in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for any fiscal
year after fiscal year 2021 (as submitted to Congress pursuant
to section 1105 of title 31, United States Code) a description
of each transfer under this section that occurred during the
last fiscal year before the fiscal year in which such budget is
submitted.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the anchor
and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United
States: Provided, That for the purpose of this section, the
term ``manufactured'' shall include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for
the purpose of this section substantially all of the components
of anchor and mooring chain shall be considered to be produced
or manufactured in the United States if the aggregate cost of
the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the
Secretary of the Service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8017. None of the funds available in this Act to the
Department of Defense, other than appropriations made for
necessary or routine refurbishments, upgrades or maintenance
activities, shall be used to reduce or to prepare to reduce the
number of deployed and non-deployed strategic delivery vehicles
and launchers below the levels set forth in the report
submitted to Congress in accordance with section 1042 of the
National Defense Authorization Act for Fiscal Year 2012.
Sec. 8018. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such
alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt
beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That, in a case in which the military installation is
located in more than one State, purchases may be made in any
State in which the installation is located: Provided further,
That such local procurement requirements for malt beverages and
wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than
wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
Sec. 8019. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines,
M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber
rifles, or M-1911 pistols, or to demilitarize or destroy small
arms ammunition or ammunition components that are not otherwise
prohibited from commercial sale under Federal law, unless the
small arms ammunition or ammunition components are certified by
the Secretary of the Army or designee as unserviceable or
unsafe for further use.
Sec. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization, unit,
activity or function of the Department of Defense into or
within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8021. In addition to the funds provided else-where in
this Act, $25,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act
of 1974 (25 U.S.C. 1544): Provided, That a prime contractor or
a subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title 25,
United States Code, or a small business owned and controlled by
an individual or individuals defined under section 4221(9) of
title 25, United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8023. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of
title 10, United States Code, in anticipation of receipt of
contributions, only from the Government of Kuwait, under that
section: Provided, That, upon receipt, such contributions from
the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
Sec. 8024. The Secretary of Defense shall notify the
congressional defense committees in writing not more than 30
days after the receipt of any contribution of funds received
from the government of a foreign country for any purpose
relating to the stationing or operations of the United States
Armed Forces: Provided, That such notification shall include
the amount of the contribution; the purpose for which such
contribution was made; and the authority under which such
contribution was accepted by the Secretary of Defense:
Provided further, That not fewer than 15 days prior to
obligating such funds, the Secretary of Defense shall submit to
the congressional defense committees in writing a notification
of the planned use of such contributions, including whether
such contributions would support existing or new stationing or
operations of the United States Armed Forces.
Sec. 8025. (a) Of the funds made available in this Act, not
less than $56,205,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $43,205,000 shall be available from ``Operation
and Maintenance, Air Force'' to support Civil Air
Patrol Corporation operation and maintenance,
readiness, counter-drug activities, and drug demand
reduction activities involving youth programs;
(2) $11,200,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,800,000 shall be available from ``Other
Procurement, Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug
activities in support of Federal, State, and local government
agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated
by an organization managing another FFRDC, or as a nonprofit
membership corporation consisting of a consortium of other
FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection shall
be allowed travel expenses and per diem as authorized under the
Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2021, not more
than 6,053 staff years of technical effort (staff years) may be
funded for defense FFRDCs: Provided, That, within such funds
for 6,053 staff years, funds shall be available only for 1,148
staff years for the defense studies and analysis FFRDCs:
Provided further, That this subsection shall not apply to staff
years funded in the National Intelligence Program (NIP) and the
Military Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2022 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC during
that fiscal year and the associated budget estimates.
Sec. 8027. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy, or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor steel
plate: Provided further, That the Secretary of the military
department responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
Provided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enactment of
this Act.
Sec. 8028. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives.
Sec. 8029. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private bids:
Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8030. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with respect
to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of
understanding, between the United States and a foreign
country pursuant to which the Secretary of Defense has
prospectively waived the Buy American Act for certain
products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2021. Such report shall
separately indicate the dollar value of items for which the Buy
American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C.
2501 et seq.), or any international agreement to which the
United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8031. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility
Investment Recovery Account shall be available until expended
for the payments specified by section 2687a(b)(2) of title 10,
United States Code.
Sec. 8032. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the
States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington relocatable military housing
units located at Grand Forks Air Force Base, Malmstrom Air
Force Base, Mountain Home Air Force Base, Ellsworth Air Force
Base, and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within
a reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-
454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8033. During the current fiscal year, appropriations
which are available to the Department of Defense for operation
and maintenance may be used to purchase items having an
investment item unit cost of not more than $250,000.
(including transfer of funds)
Sec. 8034. Subject to section 8005 of this Act, the
Secretary of Defense may transfer funds appropriated in fiscal
year 2021 for ``Shipbuilding and Conversion, Navy: LPD Flight
II-LPD 31'' to ``Shipbuilding and Conversion, Navy: LPD 32
(AP)'', and ``Shipbuilding and Conversion, Navy: LPD 33 (AP)''
for fiscal year 2021 advance procurement authorized by section
124(c) of the National Defense Authorization Act for Fiscal
Year 2021: Provided, That the transfer authority provided
under this provision is in addition to any other transfer
authority contained in this Act.
Sec. 8035. Up to $14,000,000 of the funds appropriated under
the heading ``Operation and Maintenance, Navy'' may be made
available for the Asia Pacific Regional Initiative Program for
the purpose of enabling the United States Indo-Pacific Command
to execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for this
purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance or
combined exercise expenses: Provided further, That funds may
not be obligated to provide assistance to any foreign country
that is otherwise prohibited from receiving such type of
assistance under any other provision of law.
Sec. 8036. The Secretary of Defense shall issue regulations
to prohibit the sale of any tobacco or tobacco-related products
in military resale outlets in the United States, its
territories and possessions at a price below the most
competitive price in the local community: Provided, That such
regulations shall direct that the prices of tobacco or tobacco-
related products in overseas military retail outlets shall be
within the range of prices established for military retail
system stores located in the United States.
Sec. 8037. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an
investment item for the purpose of acquiring a new inventory
item for sale or anticipated sale during the current fiscal
year or a subsequent fiscal year to customers of the Department
of Defense Working Capital Funds if such an item would not have
been chargeable to the Department of Defense Business
Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current
fiscal year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2022 budget request for the Department of
Defense as well as all justification material and other
documentation supporting the fiscal year 2022 Department of
Defense budget shall be prepared and submitted to the Congress
on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in
this Act shall be budgeted for in a proposed fiscal year 2022
procurement appropriation and not in the supply management
business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8038. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year, except
for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2022: Provided,
That funds appropriated, transferred, or otherwise credited to
the Central Intelligence Agency Central Services Working
Capital Fund during this or any prior or subsequent fiscal year
shall remain available until expended: Provided further, That
any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action
programs authorized by the President under section 503 of the
National Security Act of 1947 (50 U.S.C. 3093) shall remain
available until September 30, 2022: Provided further, That any
funds appropriated or transferred to the Central Intelligence
Agency for the construction, improvement, or alteration of
facilities, including leased facilities, to be used primarily
by personnel of the intelligence community shall remain
available until September 30, 2023.
Sec. 8039. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $12,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative
support, the gathering of information, documenting of
environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of
Defense activities.
Sec. 8040. (a) None of the funds appropriated in this Act may
be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy
American Act. For purposes of this subsection, the term ``Buy
American Act'' means chapter 83 of title 41, United States
Code.
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a
``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f of
title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the
Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8041. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed
Forces or civilian employee of the department who is
transferred or reassigned from a headquarters activity
if the member or employee's place of duty remains at
the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and certifies
to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the
National Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats;
(3) an Army field operating agency established to
improve the effectiveness and efficiencies of biometric
activities and to integrate common biometric
technologies throughout the Department of Defense; or
(4) an Air Force field operating agency established
to administer the Air Force Mortuary Affairs Program
and Mortuary Operations for the Department of Defense
and authorized Federal entities.
Sec. 8042. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan
developed by such activity or function;
(2) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
Department of Defense by an amount that equals or
exceeds the lesser of--
(A) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for
a proposal that would reduce costs for the Department
of Defense by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are
to be employed in the performance of that
activity or function under the contract; or
(B) offering to such workers an employer-
sponsored health benefits plan that requires
the employer to contribute less towards the
premium or subscription share than the amount
that is paid by the Department of Defense for
health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement, or
policy to the contrary shall have full authority to enter into
a contract for the performance of any commercial or industrial
type function of the Department of Defense that--
(A) is included on the procurement list
established pursuant to section 2 of the
Javits-Wagner-O'Day Act (section 8503 of title
41, United States Code);
(B) is planned to be converted to performance
by a qualified nonprofit agency for the blind
or by a qualified nonprofit agency for other
severely handicapped individuals in accordance
with that Act; or
(C) is planned to be converted to performance
by a qualified firm under at least 51 percent
ownership by an Indian tribe, as defined in
section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as
defined in section 8(a)(15) of the Small
Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts
or contracts for depot maintenance as provided in
sections 2469 and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or outsourcing
goal, target, or measurement that may be established by
statute, regulation, or policy and is deemed to be awarded
under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8043. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism or as an
emergency requirement pursuant to the Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended:
``Shipbuilding and Conversion, Navy: DDG-51
Destroyer'', 2014/2021, $66,567,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2019/2021, $23,840,000;
``Aircraft Procurement, Navy'', 2019/2021,
$23,094,000;
``Aircraft Procurement, Air Force'', 2019/2021,
$465,447,000;
``Other Procurement, Air Force'', 2019/2021,
$12,400,000;
``Aircraft Procurement, Army'', 2020/2022,
$26,900,000;
``Missile Procurement, Army'', 2020/2022, $2,377,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2020/2022, $148,141,000;
``Procurement of Ammunition, Army'', 2020/2022,
$7,500,000;
``Other Procurement, Army'', 2020/2022, $13,175,000;
``Aircraft Procurement, Navy'', 2020/2022,
$417,128,000;
``Weapons Procurement, Navy'', 2020/2022, $7,500,000;
``Procurement of Ammunition, Navy and Marine Corps'',
2020/2022, $8,973,000;
``Shipbuilding and Conversion, Navy: TAO Fleet Oiler
(AP)'', 2020/2024, $73,000,000;
``Shipbuilding and Conversion, Navy: CVN Refueling
Overhauls'', 2020/2024, $13,100,000;
``Other Procurement, Navy'', 2020/2022, $87,052,000;
``Procurement, Marine Corps'', 2020/2022,
$55,139,000;
``Aircraft Procurement, Air Force'', 2020/2022,
$543,015,000;
``Missile Procurement, Air Force'', 2020/2022,
$24,500,000;
``Space Procurement, Air Force'', 2020/2022,
$64,400,000;
``Other Procurement, Air Force'', 2020/2022,
$66,726,000;
``Research, Development, Test and Evaluation, Army'',
2020/2021, $284,228,000;
``Research, Development, Test and Evaluation, Navy'',
2020/2021, $84,005,000;
``Research, Development, Test and Evaluation, Air
Force'', 2020/2021, $251,809,000;
``Research, Development, Test and Evaluation,
Defense-Wide'', 2020/2021, $378,031,000; and
``Defense Counterintelligence and Security Agency
Working Capital Fund'', 2020/XXXX, $100,000,000.
Sec. 8044. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military technicians
(dual status), unless such reductions are a direct result of a
reduction in military force structure.
Sec. 8045. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose: Provided, That
this restriction shall not apply to any activities incidental
to the Defense POW/MIA Accounting Agency mission to recover and
identify the remains of United States Armed Forces personnel
from the Democratic People's Republic of Korea.
Sec. 8046. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and
Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the
activities and programs included within the National
Intelligence Program and the Military Intelligence Program:
Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
Sec. 8047. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in
an appropriations law.
Sec. 8048. None of the funds appropriated by this Act may be
used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin:
Provided, That the Secretary of the military department
responsible for such procurement may waive this restriction on
a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the
Senate, that adequate domestic supplies are not available to
meet Department of Defense requirements on a timely basis and
that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further,
That this restriction shall not apply to the purchase of
``commercial items'', as defined by section 103 of title 41,
United States Code, except that the restriction shall apply to
ball or roller bearings purchased as end items.
Sec. 8049. Of the amounts appropriated for ``Working Capital
Fund, Army'', $125,000,000 shall be available to maintain
competitive rates at the arsenals.
Sec. 8050. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $49,000,000 is
hereby appropriated to the Department of Defense: Provided,
That upon the determination of the Secretary of Defense that it
shall serve the national interest, the Secretary shall make
grants in the amounts specified as follows: $24,000,000 to the
United Service Organizations and $25,000,000 to the Red Cross.
Sec. 8051. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security
purposes that is not available from United States
manufacturers.
Sec. 8052. Notwithstanding any other provision in this Act,
the Small Business Innovation Research program and the Small
Business Technology Transfer program set-asides shall be taken
proportionally from all programs, projects, or activities to
the extent they contribute to the extramural budget. The
Secretary of each military department, the Director of each
Defense Agency, and the head of each other relevant component
of the Department of Defense shall submit to the congressional
defense committees, concurrent with submission of the budget
justification documents to Congress pursuant to section 1105 of
title 31, United States Code, a report with a detailed
accounting of the Small Business Innovation Research program
and the Small Business Technology Transfer program set-asides
taken from programs, projects, or activities within such
department, agency, or component during the most recently
completed fiscal year.
Sec. 8053. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in excess
of the normal salary paid by the contractor to the
employee; and
(2) such bonus is part of restructuring costs
associated with a business combination.
(including transfer of funds)
Sec. 8054. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same
time period as the appropriations to which transferred, to be
used in support of such personnel in connection with support
and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10,
United States Code.
Sec. 8055. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which
the period of availability for obligation has expired or which
has closed under the provisions of section 1552 of title 31,
United States Code, and which has a negative unliquidated or
unexpended balance, an obligation or an adjustment of an
obligation may be charged to any current appropriation account
for the same purpose as the expired or closed account if--
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of
availability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of the
Department of Defense; and
(3) in the case of an expired account, the obligation
is not chargeable to a current appropriation of the
Department of Defense under the provisions of section
1405(b)(8) of the National Defense Authorization Act
for Fiscal Year 1991, Public Law 101-510, as amended
(31 U.S.C. 1551 note): Provided, That in the case of
an expired account, if subsequent review or
investigation discloses that there was not in fact a
negative unliquidated or unexpended balance in the
account, any charge to a current account under the
authority of this section shall be reversed and
recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an
amount equal to 1 percent of the total appropriation
for that account:
Provided, That the Under Secretary of Defense (Comptroller)
shall include with the budget of the President for fiscal year
2022 (as submitted to Congress pursuant to section 1105 of
title 31, United States Code) a statement describing each
instance if any, during each of the fiscal years 2016 through
2021 in which the authority in this section was exercised.
Sec. 8056. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis.
The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning
Project and be available to defray the costs associated with
the use of equipment of the project under that subsection. Such
funds shall be available for such purposes without fiscal year
limitation.
(including transfer of funds)
Sec. 8057. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'',
$46,000,000 shall be for continued implementation and expansion
of the Sexual Assault Special Victims' Counsel Program:
Provided, That the funds are made available for transfer to the
Department of the Army, the Department of the Navy, and the
Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same
purposes and for the same time period as the appropriations to
which the funds are transferred: Provided further, That this
transfer authority is in addition to any other transfer
authority provided in this Act.
Sec. 8058. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense
shall, at the time of the submittal to Congress of the budget
of the President for fiscal year 2022 pursuant to section 1105
of title 31, United States Code, submit to the congressional
defense committees a report detailing the use of funds
requested in research, development, test and evaluation
accounts for end-items used in development, prototyping and
test activities preceding and leading to acceptance for
operational use: Provided further, That the report shall set
forth, for each end-item covered by the preceding proviso, a
detailed list of the statutory authorities under which amounts
in the accounts described in that proviso were used for such
item: Provided further, That the Secretary of Defense shall,
at the time of the submittal to Congress of the budget of the
President for fiscal year 2022 pursuant to section 1105 of
title 31, United States Code, submit to the congressional
defense committees a certification that funds requested for
fiscal year 2022 in research, development, test and evaluation
are in compliance with this section: Provided further, That
the Secretary of Defense may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8059. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between the
Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are
entered into before such date if the option prices are
adjusted for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food,
and clothing or textile materials as defined by section XI
(chapters 50-65) of the Harmonized Tariff Schedule of the
United States and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105,
8108, 8109, 8211, 8215, and 9404.
Sec. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
Sec. 8061. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated 45
days after a report, including a description of the project,
the planned acquisition and transition strategy and its
estimated annual and total cost, has been provided in writing
to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8062. The Secretary of Defense shall continue to
provide a classified quarterly report to the Committees on
Appropriations of the House of Representatives and the Senate,
Subcommittees on Defense on certain matters as directed in the
classified annex accompanying this Act.
Sec. 8063. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National Ballistic
Missile Defense System.
Sec. 8064. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary tracer (API-
T)'', except to an entity performing demilitarization services
for the Department of Defense under a contract that requires
the entity to demonstrate to the satisfaction of the Department
of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or
(2) used to manufacture ammunition pursuant to a contract with
the Department of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of
State.
Sec. 8065. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise
would be required under section 2667 of title 10, United States
Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in
section 508(d) of title 32, United States Code, or any other
youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $133,724,000 shall
remain available until expended: Provided, That,
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and carry
out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the
Secretary of Defense.
Sec. 8067. (a) None of the funds appropriated in this or any
other Act may be used to take any action to modify--
(1) the appropriations account structure for the
National Intelligence Program budget, including through
the creation of a new appropriation or new
appropriation account;
(2) how the National Intelligence Program budget
request is presented in the unclassified P-1, R-1, and
O-1 documents supporting the Department of Defense
budget request;
(3) the process by which the National Intelligence
Program appropriations are apportioned to the executing
agencies; or
(4) the process by which the National Intelligence
Program appropriations are allotted, obligated and
disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit
the merger of programs or changes to the National Intelligence
Program budget at or below the Expenditure Center level,
provided such change is otherwise in accordance with paragraphs
(a)(1)-(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal reporting,
study and develop detailed proposals for alternative financial
management processes. Such study shall include a comprehensive
counterintelligence risk assessment to ensure that none of the
alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the
Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help
achieve auditability, improve fiscal reporting, and
will not adversely affect counterintelligence; and
(3) not later than 30 days after receiving all
necessary certifications under paragraph (2), present
the proposed alternatives and certifications to the
congressional defense and intelligence committees.
Sec. 8068. In addition to amounts provided elsewhere in this
Act, $10,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended:
Provided, That notwithstanding any other provision of law, that
upon the determination of the Secretary of Defense that it
shall serve the national interest, these funds shall be
available only for a grant to the Fisher House Foundation,
Inc., only for the construction and furnishing of additional
Fisher Houses to meet the needs of military family members when
confronted with the illness or hospitalization of an eligible
military beneficiary.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105).
Sec. 8070. None of the funds available to the Department of
Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned to
the Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain in
force until a written modification has been proposed to the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That the proposed
modification may be implemented 30 days after the notification
unless an objection is received from either the House or Senate
Appropriations Committees: Provided further, That any proposed
modification shall not preclude the ability of the commander of
United States Indo-Pacific Command to meet operational
requirements.
Sec. 8071. Any notice that is required to be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate under section 806(c)(4) of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003 (10 U.S.C. 2302 note) after the date of the enactment of
this Act shall be submitted pursuant to that requirement
concurrently to the Subcommittees on Defense of the Committees
on Appropriations of the House of Representatives and the
Senate.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'', $500,000,000
shall be for the Israeli Cooperative Programs: Provided, That
of this amount, $73,000,000 shall be for the Secretary of
Defense to provide to the Government of Israel for the
procurement of the Iron Dome defense system to counter short-
range rocket threats, subject to the U.S.-Israel Iron Dome
Procurement Agreement, as amended; $177,000,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under
the SRBMD program, of which $50,000,000 shall be for co-
production activities of SRBMD systems in the United States and
in Israel to meet Israel's defense requirements consistent with
each nation's laws, regulations, and procedures, subject to the
U.S.-Israeli co-production agreement for SRBMD, as amended;
$77,000,000 shall be for an upper-tier component to the Israeli
Missile Defense Architecture, of which $77,000,000 shall be for
co-production activities of Arrow 3 Upper Tier systems in the
United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production
agreement for Arrow 3 Upper Tier, as amended; and $173,000,000
shall be for the Arrow System Improvement Program including
development of a long range, ground and airborne, detection
suite: Provided further, That the transfer authority provided
under this provision is in addition to any other transfer
authority contained in this Act.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $407,312,000
shall be available until September 30, 2021, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of
this Act, the Secretary of the Navy shall transfer funds to the
following appropriations in the amounts specified: Provided
further, That the amounts transferred shall be merged with and
be available for the same purposes as the appropriations to
which transferred to:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2008/2021: Carrier Replacement Program
$71,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2021: DDG-51 Destroyer $9,634,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2021: CVN Refueling Overhauls
$186,200,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2021: LPD-17 $30,578,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2021: TAO Fleet Oiler $42,500,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2021: TAO Fleet Oiler $17,400,000; and
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2021: Expeditionary Fast Transport
$50,000,000.
Sec. 8074. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 3094) during fiscal year 2021 until the
enactment of the Intelligence Authorization Act for Fiscal Year
2021.
Sec. 8075. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or
activity unless such program, project, or activity must be
undertaken immediately in the interest of national security and
only after written prior notification to the congressional
defense committees.
Sec. 8076. The budget of the President for fiscal year 2022
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, shall include separate budget justification
documents for costs of United States Armed Forces'
participation in contingency operations for the Military
Personnel accounts, the Operation and Maintenance accounts, the
Procurement accounts, and the Research, Development, Test and
Evaluation accounts: Provided, That these documents shall
include a description of the funding requested for each
contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations
account: Provided further, That these documents shall include
estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to,
troop strength for each Active and Reserve component, and
estimates of the major weapons systems deployed in support of
each contingency: Provided further, That these documents shall
include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8077. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8078. The Secretary of Defense may use up to
$650,000,000 of the amounts appropriated or otherwise made
available in this Act to the Department of Defense for the
rapid acquisition and deployment of supplies and associated
support services pursuant to section 806 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314; 10 U.S.C. 2302 note), but only for the purposes
specified in clauses (i), (ii), (iii), and (iv) of subsection
(c)(3)(B) of such section and subject to the applicable limits
specified in clauses (i), (ii), and (iii) of such subsection
and, in the case of clause (iv) of such subsection, subject to
a limit of $50,000,000: Provided, That the Secretary of
Defense shall notify the congressional defense committees
promptly of all uses of this authority.
Sec. 8079. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in this
Act: Provided, That the Air Force shall allow the 53rd Weather
Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign intelligence
activities: Provided, That information pertaining to United
States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United
States Constitution as implemented through Executive Order No.
12333.
Sec. 8081. (a) None of the funds appropriated by this Act may
be used to transfer research and development, acquisition, or
other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters
relating to the employment of unmanned aerial vehicles.
Sec. 8082. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal
year, except for funds appropriated for research and
technology, which shall remain available until September 30,
2022.
Sec. 8083. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8084. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2021:
Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each appropriation
by Expenditure Center and project; and
(3) an identification of items of special
congressional interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or
transfer until the report identified in subsection (a) is
submitted to the congressional intelligence committees, unless
the Director of National Intelligence certifies in writing to
the congressional intelligence committees that such
reprogramming or transfer is necessary as an emergency
requirement.
Sec. 8085. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by
this Act, for support to friendly foreign countries in
connection with the conduct of operations in which the United
States is not participating, pursuant to section 331(d) of
title 10, United States Code, shall be made in accordance with
section 8005 or 9002 of this Act, as applicable.
Sec. 8086. Any transfer of amounts appropriated to the
Department of Defense Acquisition Workforce Development Account
in or for fiscal year 2021 to a military department or Defense
Agency pursuant to section 1705(e)(1) of title 10, United
States Code, shall be covered by and subject to section 8005 or
9002 of this Act, as applicable.
Sec. 8087. None of the funds made available by this Act for
excess defense articles, assistance under section 333 of title
10, United States Code, or peacekeeping operations for the
countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008 (Public
Law 110-457; 22 U.S.C. 2370c-1) may be used to support any
military training or operation that includes child soldiers, as
defined by the Child Soldiers Prevention Act of 2008, unless
such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
Sec. 8088. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless
the congressional intelligence committees are notified
30 days in advance of such reprogramming of funds; this
notification period may be reduced for urgent national
security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming
or transfer of funds in accordance with section 102A(d) of the
National Security Act of 1947 (50 U.S.C. 3024(d)) that results
in a cumulative increase or decrease of the levels specified in
the classified annex accompanying the Act unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
Sec. 8089. In this fiscal year and each fiscal year
thereafter, funds appropriated under the heading ``Procurement,
Space Force'' may be obligated for payment of satellite on-
orbit incentives in the fiscal year in which an incentive
payment is earned: Provided, That any obligation made pursuant
to this section may not be entered into until 30 calendar days
in session after the congressional defense committees have been
notified that an on-orbit incentive payment has been earned.
Sec. 8090. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
(including transfer of funds)
Sec. 8091. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ``Operation and Maintenance, Army'', ``Operation
and Maintenance, Navy'', and ``Operation and Maintenance, Air
Force'' may be transferred by the military department concerned
to its central fund established for Fisher Houses and Suites
pursuant to section 2493(d) of title 10, United States Code.
Sec. 8092. None of the funds appropriated by this Act may be
available for the purpose of making remittances to the
Department of Defense Acquisition Workforce Development Account
in accordance with section 1705 of title 10, United States
Code.
Sec. 8093. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 8094. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its
employees or independent contractors that requires, as
a condition of employment, that the employee or
independent contractor agree to resolve through
arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault
and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an
existing agreement with an employee or independent
contractor that mandates that the employee or
independent contractor resolve through arbitration any
claim under title VII of the Civil Rights Act of 1964
or any tort related to or arising out of sexual assault
or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or
retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract
unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any
action to enforce any provision of, any agreement as described
in paragraphs (1) and (2) of subsection (a), with respect to
any employee or independent contractor performing work related
to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract
in excess of $1,000,000 on a contract subject to subsection
(a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary personally
determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the
term of the contract or subcontract is not longer than
necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the
contract or subcontract term selected, and shall state any
alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any
determination under this subsection not less than 15 business
days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8095. From within the funds appropriated for operation
and maintenance for the Defense Health Program in this Act, up
to $137,000,000, shall be available for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund in accordance with the provisions
of section 1704 of the National Defense Authorization Act for
Fiscal Year 2010, Public Law 111-84: Provided, That for
purposes of section 1704(b), the facility operations funded are
operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans
Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical
facility as described by section 706 of Public Law 110-417:
Provided further, That additional funds may be transferred from
funds appropriated for operation and maintenance for the
Defense Health Program to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund upon written notification by the Secretary of Defense to
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8096. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense
or a component thereof in contravention of the provisions of
section 130h of title 10, United States Code.
Sec. 8097. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force
protection purposes up to a limit of $450,000 per vehicle,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8098. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000 of
the funds made available in this Act for the National
Intelligence Program: Provided, That such authority to
transfer may not be used unless for higher priority items,
based on unforeseen intelligence requirements, than those for
which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of
funds using authority provided in this section shall be made
prior to June 30, 2021.
Sec. 8099. None of the funds made available by this Act may
be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8100. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 8101. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual
detained at United States Naval Station Guantanamo Bay, Cuba,
to the custody or control of the individual's country of
origin, any other foreign country, or any other foreign entity
except in accordance with section 1034 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) and
section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232).
Sec. 8102. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the
Department of Defense, to enter into a contract, memorandum of
understanding, or cooperative agreement with, or make a grant
to, or provide a loan or loan guarantee to Rosoboronexport or
any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to the
congressional defense committees that--
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing
lethal military equipment for, the Government of the
Syrian Arab Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present
on military bases subject to agreements in force
between the Government of the Russian Federation and
the Government of Ukraine; and
(3) agents of the Russian Federation have ceased
taking active measures to destabilize the control of
the Government of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with
respect to a waiver issued by the Secretary of Defense pursuant
to subsection (b), and not later than 90 days after the date on
which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense
committees a report containing the results of the review
conducted with respect to such waiver.
Sec. 8103. None of the funds made available in this Act may
be used for the purchase or manufacture of a flag of the United
States unless such flags are treated as covered items under
section 2416a(b) of title 10, United States Code.
Sec. 8104. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of
the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 8105. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $60,000,000, to remain
available for obligation until September 30, 2025, may be used
for the purchase of two used sealift vessels for the National
Defense Reserve Fleet, established under section 11 of the
Merchant Ship Sales Act of 1946 (46 U.S.C. 57100): Provided,
That such amounts are available for reimbursements to the Ready
Reserve Force, Maritime Administration account of the United
States Department of Transportation for programs, projects,
activities, and expenses related to the National Defense
Reserve Fleet: Provided further, That notwithstanding 10
U.S.C. 2218 (National Defense Sealift Fund), none of these
funds shall be transferred to the National Defense Sealift Fund
for execution.
Sec. 8106. The Secretary of Defense shall post grant awards
on a public website in a searchable format.
Sec. 8107. If the Secretary of a military department reduces
each research, development, test and evaluation, and
procurement account of the military department pursuant to
paragraph (1) of section 828(d) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2430 note), the Secretary shall allocate the reduction
determined under paragraph (2) of such section 828(d)
proportionally from all programs, projects, or activities under
such account: Provided, That the authority under section
804(d)(2) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) to transfer
amounts available in the Rapid Prototyping Fund shall be
subject to section 8005 or 9002 of this Act, as applicable.
Sec. 8108. None of the funds made available by this Act may
be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of
the Foreign Intelligence Surveillance Act of 1978 for
the purpose of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such
term is defined in section 2510(8) of title 18, United
States Code) of any electronic communication of a
United States person from a provider of electronic
communication services to the public pursuant to
section 501 of the Foreign Intelligence Surveillance
Act of 1978.
Sec. 8109. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in
Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8110. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $376,029,000, to remain
available until expended, may be used for any purposes related
to the National Defense Reserve Fleet established under section
11 of the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100):
Provided, That such amounts are available for reimbursements to
the Ready Reserve Force, Maritime Administration account of the
United States Department of Transportation for programs,
projects, activities, and expenses related to the National
Defense Reserve Fleet.
Sec. 8111. None of the funds made available in this Act may
be obligated for activities authorized under section 1208 of
the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 112-81; 125 Stat. 1621) to
initiate support for, or expand support to, foreign forces,
irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance
with the direction contained in the classified annex
accompanying this Act, not less than 15 days before initiating
such support: Provided, That none of the funds made available
in this Act may be used under section 1208 for any activity
that is not in support of an ongoing military operation being
conducted by United States Special Operations Forces to combat
terrorism: Provided further, That the Secretary of Defense may
waive the prohibitions in this section if the Secretary
determines that such waiver is required by extraordinary
circumstances and, by not later than 72 hours after making such
waiver, notifies the congressional defense committees of such
waiver.
Sec. 8112. The Secretary of Defense, in consultation with
the Service Secretaries, shall submit a report to the
congressional defense committees, not later than 180 days after
the enactment of this Act, detailing the submission of records
during the previous 12 months to databases accessible to the
National Instant Criminal Background Check System (NICS),
including the Interstate Identification Index (III), the
National Crime Information Center (NCIC), and the NICS Index,
as required by Public Law 110-180: Provided, That such report
shall provide the number and category of records submitted by
month to each such database, by Service or Component: Provided
further, That such report shall identify the number and
category of records submitted by month to those databases for
which the Identification for Firearm Sales (IFFS) flag or other
database flags were used to pre-validate the records and
indicate that such persons are prohibited from receiving or
possessing a firearm: Provided further, That such report shall
describe the steps taken during the previous 12 months, by
Service or Component, to ensure complete and accurate
submission and appropriate flagging of records of individuals
prohibited from gun possession or receipt pursuant to 18 U.S.C.
922(g) or (n) including applicable records involving
proceedings under the Uniform Code of Military Justice.
Sec. 8113. (a) None of the funds provided in this Act for the
TAO Fleet Oiler program shall be used to award a new contract
that provides for the acquisition of the following components
unless those components are manufactured in the United States:
Auxiliary equipment (including pumps) for shipboard services;
propulsion equipment (including engines, reduction gears, and
propellers); shipboard cranes; and spreaders for shipboard
cranes.
(b) None of the funds provided in this Act for the FFG(X)
Frigate program shall be used to award a new contract that
provides for the acquisition of the following components unless
those components are manufactured in the United States: Air
circuit breakers; gyrocompasses; electronic navigation chart
systems; steering controls; pumps; propulsion and machinery
control systems; totally enclosed lifeboats; auxiliary
equipment pumps; shipboard cranes; auxiliary chill water
systems; and propulsion propellers: Provided, That the
Secretary of the Navy shall incorporate United States
manufactured propulsion engines and propulsion reduction gears
into the FFG(X) Frigate program beginning not later than with
the eleventh ship of the program.
Sec. 8114. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense
Acquisition Workforce Development Account may be transferred
to:
(1) the Rapid Prototyping Fund established under
section 804(d) of the National Defense Authorization
Act for Fiscal Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National
Defense Authorization Act for Fiscal Year 2016 (as
amended by section 897 of the National Defense
Authorization Act for Fiscal Year 2017).
Sec. 8115. None of the funds made available by this Act may
be used for Government Travel Charge Card expenses by military
or civilian personnel of the Department of Defense for gaming,
or for entertainment that includes topless or nude entertainers
or participants, as prohibited by Department of Defense FMR,
Volume 9, Chapter 3 and Department of Defense Instruction
1015.10 (enclosure 3, 14a and 14b).
Sec. 8116. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities, or for
any activity necessary for the national defense, including
intelligence activities.
Sec. 8117. None of the funds appropriated by this Act may be
made available to deliver F-35 air vehicles or any other F-35
weapon system equipment to the Republic of Turkey, except in
accordance with section 1245 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
Sec. 8118. In addition to amounts provided elsewhere in this
Act, there is appropriated $284,000,000, for an additional
amount for ``Operation and Maintenance, Defense-Wide'', to
remain available until expended: Provided, That such funds
shall only be available to the Secretary of Defense, acting
through the Office of Economic Adjustment of the Department of
Defense, or for transfer to the Secretary of Education,
notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal
funds to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to
address capacity or facility condition deficiencies at such
schools: Provided further, That in making such funds
available, the Office of Economic Adjustment or the Secretary
of Education shall give priority consideration to those
military installations with schools having the most serious
capacity or facility condition deficiencies as determined by
the Secretary of Defense: Provided further, That as a
condition of receiving funds under this section a local
educational agency or State shall provide a matching share as
described in the notice titled ``Department of Defense Program
for Construction, Renovation, Repair or Expansion of Public
Schools Located on Military Installations'' published by the
Department of Defense in the Federal Register on September 9,
2011 (76 Fed. Reg. 55883 et seq.): Provided further, That
these provisions apply to funds provided under this section,
and to funds previously provided by Congress to construct,
renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity
or facility condition deficiencies at such schools to the
extent such funds remain unobligated on the date of enactment
of this section.
Sec. 8119. In carrying out the program described in the
memorandum on the subject of ``Policy for Assisted Reproductive
Services for the Benefit of Seriously or Severely Ill/Injured
(Category II or III) Active Duty Service Members'' issued by
the Assistant Secretary of Defense for Health Affairs on April
3, 2012, and the guidance issued to implement such memorandum,
the Secretary of Defense shall apply such policy and guidance,
except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G)
and in part IV(H) of such memorandum shall not apply;
and
(2) the term ``assisted reproductive technology''
shall include embryo cryopreservation and storage
without limitation on the duration of such
cryopreservation and storage.
Sec. 8120. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 8121. None of the funds provided for, or otherwise made
available, in this or any other Act, may be obligated or
expended by the Secretary of Defense to provide motorized
vehicles, aviation platforms, munitions other than small arms
and munitions appropriate for customary ceremonial honors,
operational military units, or operational military platforms
if the Secretary determines that providing such units,
platforms, or equipment would undermine the readiness of such
units, platforms, or equipment.
Sec. 8122. The Secretary of Defense may obligate and expend
funds made available under this Act for procurement or for
research, development, test and evaluation for the F-35 Joint
Strike Fighter to modify up to six F-35 aircraft, including up
to two F-35 aircraft of each variant, to a test configuration:
Provided, That the Secretary of Defense shall, with the
concurrence of the Secretary of the Air Force and the Secretary
of the Navy, notify the congressional defense committees not
fewer than 30 days prior to obligating and expending funds
under this section: Provided further, That any transfer of
funds pursuant to the authority provided in this section shall
be made in accordance with section 8005 or 9002 of this Act, as
appropriate, if applicable: Provided further, That aircraft
referred to previously in this section are not additional to
aircraft referred to in section 8135 of the Department of
Defense Appropriations Act, 2019 and section 8126 of the
Department of Defense Appropriations Act, 2020.
Sec. 8123. Amounts appropriated for ``Defense Health
Program'' in this Act and hereafter may be obligated to make
death gratuity payments, as authorized in subchapter II of
chapter 75 of title 10, United States Code, if no appropriation
for ``Military Personnel'' is available for obligation for such
payments: Provided, That such obligations may subsequently be
recorded against appropriations available for ``Military
Personnel''.
Sec. 8124. (a) None of the funds made available by this or
any other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting such tax liability, provided that
the applicable Federal agency is aware of the unpaid Federal
tax liability.
(b) Subsection (a) shall not apply if the applicable Federal
agency has considered suspension or debarment of the
corporation described in such subsection and has made a
determination that such suspension or debarment is not
necessary to protect the interests of the Federal Government.
Sec. 8125. During fiscal year 2021, any advance billing for
background investigation services and related services
purchased from activities financed using Defense Working
Capital Funds shall be excluded from the calculation of
cumulative advance billings under section 2208(l)(3) of title
10, United States Code.
Sec. 8126. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the Space Force: Provided, That
nothing in this Act shall be construed to limit or prohibit
cooperation, collaboration, and coordination between the
National Reconnaissance Office and the Space Force or any other
elements of the Department of Defense.
Sec. 8127. None of the funds appropriated or otherwise made
available by this Act may be used to transfer any element of
the Department of the Army, the Department of the Navy, or a
Department of Defense agency to the Space Force unless,
concurrent with the fiscal year 2022 budget submission (as
submitted to Congress pursuant to section 1105 of title 31,
United States Code), the Secretary of Defense provides a report
to the Committees on Appropriations of the House of
Representatives and the Senate, detailing any plans to transfer
appropriate space elements of the Department of the Army, the
Department of the Navy, or a Department of Defense agency to
the Space Force and certifies in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that such transfer is consistent with the mission of the Space
Force and will not have an adverse impact on the Department or
agency from which such element is being transferred: Provided,
That such report shall include fiscal year 2022 budget and
future years defense program adjustments associated with such
planned transfers.
Sec. 8128. Funds appropriated in titles I and IX of this Act
under headings for ``Military Personnel'' may be used for
expenses described therein for members of the Space Force on
active duty: Provided, That amounts appropriated under such
headings may be used for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund.
Sec. 8129. Notwithstanding any other provision of this Act,
to reflect savings due to favorable foreign exchange rates, the
total amount appropriated in this Act is hereby reduced by
$375,000,000.
Sec. 8130. Notwithstanding any other provision of this Act,
to reflect savings due to lower than anticipated fuel costs,
the total amount appropriated in this Act is hereby reduced by
$1,700,362,000.
Sec. 8131. (a) Amounts appropriated under title IV of this
Act, as detailed in budget activity eight of the tables in the
explanatory statement regarding this Act, may be used for
expenses for the agile research, development, test and
evaluation, procurement, production, modification, and
operation and maintenance, only for the following Software and
Digital Technology Pilot programs--
(1) Defensive Cyber Operations Army (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command Control (PE 0608231N);
(4) Space Command and Control (PE 1203614SF);
(5) National Background Investigation Services (PE
0608197V);
(6) Global Command and Control System-Joint (PE
0308150K);
(7) Algorithmic Warfare Cross Functional Team (PE
0308588D8Z); and
(8) Acquisition visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior
Department of Defense Appropriations Acts may be obligated or
expended to initiate additional Software and Digital Technology
Pilot Programs in fiscal year 2021.
Sec. 8132. (a) In addition to amounts otherwise made
available in this Act, there is appropriated $100,000,000 to
the Under Secretary of Defense (Acquisition and Sustainment),
to remain available until expended.
(b) The funds provided by subsection (a) shall be available
to the Under Secretary of Defense (Acquisition and
Sustainment), in coordination with the Assistant Secretary of
the Army (Acquisition, Logistics and Technology) and the
Assistant Secretary of the Navy (Research, Development and
Acquisition) and the Assistant Secretary of the Air Force
(Acquisition, Technology and Logistics), to assess and
strengthen the manufacturing and defense industrial base and
supply chain resiliency of the United States.
(c)(1) The Under Secretary of Defense (Comptroller) shall
transfer funds provided by subsection (a) to appropriations for
operation and maintenance; procurement; and research,
development, test and evaluation to accomplish the purposes
specified in subsection (b). Such transferred funds shall be
merged with and be available for the same purposes and for the
same time period as the appropriation to which they are
transferred.
(2) The transfer authority provided by this subsection shall
be in addition to any other transfer authority available to the
Department of Defense.
(3) The Under Secretary of Defense (Acquisition and
Sustainment) shall, through the Under Secretary of Defense
(Comptroller), not less than 30 days prior to making any
transfer under this subsection, notify the congressional
defense committees in writing of the details of the transfer.
(d) Funds appropriated by this section may not be transferred
to ``Drug Interdiction and Counter-Drug Activities, Defense''.
(including transfer of funds)
Sec. 8133. In addition to amounts appropriated in title II
or otherwise made available elsewhere in this Act, $300,500,000
is hereby appropriated to the Department of Defense and made
available for transfer to the operation and maintenance
accounts of the Army, Navy, Marine Corps, and Air Force
(including National Guard and Reserve) for purposes of
improving military readiness: Provided, That the transfer
authority provided under this provision is in addition to any
other transfer authority provided elsewhere in this Act.
Sec. 8134. None of the funds provided in this Act for
requirements development, performance specification
development, concept design and development, ship configuration
development, systems engineering, naval architecture, marine
engineering, operations research analysis, industry studies,
preliminary design, development of the Detailed Design and
Construction Request for Proposals solicitation package, or
related activities for the AS(X) Submarine Tender, T-ARC(X)
Cable Laying and Repair Ship, or T-AGOS(X) Oceanographic
Surveillance Ship may be used to award a new contract for such
activities unless these contracts include specifications that
all auxiliary equipment, including pumps and propulsion shafts
are manufactured in the United States.
Sec. 8135. None of the funds made available by this Act may
be obligated or expended for the purpose of decommissioning the
USS Fort Worth or the USS Coronado.
Sec. 8136. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'',
$50,000,000, to remain available until September 30, 2022:
Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Economic
Adjustment of the Department of Defense, to make grants to
communities impacted by military aviation noise for the purpose
of installing noise mitigating insulation at covered
facilities: Provided further, That, to be eligible to receive
a grant under the program, a community must enter into an
agreement with the Secretary under which the community
prioritizes the use of funds for the installation of noise
mitigation at covered facilities in the community: Provided
further, That as a condition of receiving funds under this
section a State or local entity shall provide a matching share
of ten percent: Provided further, That grants under the
program may be used to meet the Federal match requirement under
the airport improvement program established under subchapter I
of chapter 471 and subchapter I of chapter 475 of title 49,
United States Code: Provided further, That, in carrying out
the program, the Secretary of Defense shall coordinate with the
Secretary of Transportation to minimize duplication of efforts
with any other noise mitigation program compliant with part 150
of title 14, Code of Federal Regulations: Provided further,
That, in this section, the term ``covered facilities'' means
hospitals, daycare facilities, schools, facilities serving
senior citizens, and private residences that are located within
one mile or a day-night average sound level of 65 or greater of
a military installation or another location at which military
aircraft are stationed or are located in an area impacted by
military aviation noise within one mile or a day-night average
sound level of 65 or greater, as determined by the Department
of Defense or Federal Aviation Administration noise modeling
programs.
Sec. 8137. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended for the
lease of an icebreaking vessel unless such obligation or
expenditure is compliant with section 1301 of title 31, United
States Code, and related statutes and is made pursuant to a
contract awarded using full and open competitive procedures or
procedures authorized by section 2304(c)(6) of title 10, United
States Code.
Sec. 8138. Amounts appropriated or otherwise made available
to the Department of Defense in this Act, may not be obligated
or expended for the retirement or divestiture of the RQ-4
Global Hawk Block 30 and Block 40 aircraft: Provided, That the
Secretary of the Air Force is prohibited from deactivating the
corresponding squadrons responsible for the operations of the
aforementioned aircraft.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,748,033,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$382,286,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $129,943,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,077,168,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$33,414,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$11,771,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $2,048,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $16,816,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $195,314,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $5,800,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $17,497,254,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $11,568,363,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,108,667,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $18,432,020,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance,
Space Force'', $77,115,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $6,041,898,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $33,399,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $21,492,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $8,707,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air
Force Reserve'', $30,090,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $79,792,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $175,642,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $3,047,612,000,
to remain available until September 30, 2022: Provided, That
such funds shall be available to the Secretary of Defense for
the purpose of allowing the Commander, Combined Security
Transition Command--Afghanistan, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary of
State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility
and infrastructure repair, renovation, construction, and
funding: Provided further, That the Secretary of Defense may
obligate and expend funds made available to the Department of
Defense in this title for additional costs associated with
existing projects previously funded with amounts provided under
the heading ``Afghanistan Infrastructure Fund'' in prior Acts:
Provided further, That such costs shall be limited to contract
changes resulting from inflation, market fluctuation, rate
adjustments, and other necessary contract actions to complete
existing projects, and associated supervision and
administration costs and costs for design during construction:
Provided further, That the Secretary may not use more than
$50,000,000 under the authority provided in this section:
Provided further, That the Secretary shall notify in advance
such contract changes and adjustments in annual reports to the
congressional defense committees: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds
for the purposes provided herein from any person, foreign
government, or international organization may be credited to
this Fund, to remain available until expended, and used for
such purposes: Provided further, That the Secretary of Defense
shall notify the congressional defense committees in writing
upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall notify the congressional defense committees of
any proposed new projects or activities, or transfer of funds
between budget sub-activity groups in excess of $20,000,000:
Provided further, That the United States may accept equipment
procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of
Afghanistan and returned by such forces to the United States:
Provided further, That equipment procured using funds provided
under this heading in this or prior Acts, and not yet
transferred to the security forces of Afghanistan or
transferred to the security forces of Afghanistan and returned
by such forces to the United States, may be treated as stocks
of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That of
the funds provided under this heading, not less than
$20,000,000 shall be for recruitment and retention of women in
the Afghanistan National Security Forces, and the recruitment
and training of female security personnel: Provided further,
That funds appropriated under this heading and made available
for the salaries and benefits of personnel of the Afghanistan
Security Forces may only be used for personnel who are enrolled
in the Afghanistan Personnel and Pay System: Provided further,
That funds appropriated under this heading for the Afghanistan
Security Forces may only be obligated if the Secretary of
Defense, in consultation with the Secretary of State, certifies
in writing to the congressional defense committees that such
forces are controlled by a civilian, representative government
that is committed to protecting human rights and women's rights
and preventing terrorists and terrorist groups from using the
territory of Afghanistan to threaten the security of the United
States and United States allies: Provided further, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Counter-Isis Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and
Equip Fund'', $710,000,000, to remain available until September
30, 2022: Provided, That such funds shall be available to the
Secretary of Defense in coordination with the Secretary of
State, to provide assistance, including training; equipment;
logistics support, supplies, and services; stipends;
infrastructure repair and renovation; construction for facility
fortification and humane treatment; and sustainment, to foreign
security forces, irregular forces, groups, or individuals
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their
affiliated or associated groups: Provided further, That
amounts made available under this heading shall be available to
provide assistance only for activities in a country designated
by the Secretary of Defense, in coordination with the Secretary
of State, as having a security mission to counter the Islamic
State of Iraq and Syria, and following written notification to
the congressional defense committees of such designation:
Provided further, That the Secretary of Defense shall ensure
that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately
vetted, including at a minimum, assessing such elements for
associations with terrorist groups or groups associated with
the Government of Iran; and receiving commitments from such
elements to promote respect for human rights and the rule of
law: Provided further, That the Secretary of Defense shall,
not fewer than 15 days prior to obligating from this
appropriation account, notify the congressional defense
committees in writing of the details of any such obligation:
Provided further, That the Secretary of Defense may accept and
retain contributions, including assistance in-kind, from
foreign governments, including the Government of Iraq and other
entities, to carry out assistance authorized under this
heading: Provided further, That contributions of funds for the
purposes provided herein from any foreign government or other
entity may be credited to this Fund, to remain available until
expended, and used for such purposes: Provided further, That
the Secretary of Defense shall prioritize such contributions
when providing any assistance for construction for facility
fortification: Provided further, That the Secretary of Defense
may waive a provision of law relating to the acquisition of
items and support services or sections 40 and 40A of the Arms
Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines that such provision of law would prohibit, restrict,
delay or otherwise limit the provision of such assistance and a
notice of and justification for such waiver is submitted to the
congressional defense committees, the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives: Provided further, That the United States
may accept equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund'' in
prior Acts, that was transferred to security forces, irregular
forces, or groups participating, or preparing to participate in
activities to counter the Islamic State of Iraq and Syria and
returned by such forces or groups to the United States, and
such equipment may be treated as stocks of the Department of
Defense upon written notification to the congressional defense
committees: Provided further, That equipment procured using
funds provided under this heading, or under the heading, ``Iraq
Train and Equip Fund'' in prior Acts, and not yet transferred
to security forces, irregular forces, or groups participating,
or preparing to participate in activities to counter the
Islamic State of Iraq and Syria may be treated as stocks of the
Department of Defense when determined by the Secretary to no
longer be required for transfer to such forces or groups and
upon written notification to the congressional defense
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided under this heading,
including, but not limited to, the number of individuals
trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations
for each group, and the contributions of other countries,
groups, or individuals: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$595,112,000, to remain available until September 30, 2023:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$796,599,000, to remain available until September 30, 2023:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $15,225,000, to remain
available until September 30, 2023: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $103,875,000, to remain available until September 30,
2023: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$924,823,000, to remain available until September 30, 2023:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$32,905,000, to remain available until September 30, 2023:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$5,572,000, to remain available until September 30, 2023:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $77,424,000, to remain available until
September 30, 2023: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$341,612,000, to remain available until September 30, 2023:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$47,963,000, to remain available until September 30, 2023:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $772,738,000, to remain available until September 30,
2023: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $223,772,000, to remain available until September 30,
2023: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $785,617,000, to remain available until September 30,
2023: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $355,339,000, to remain available until September 30,
2023: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$342,137,000, to remain available until September 30, 2023:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items
for the reserve components of the Armed Forces, $950,000,000,
to remain available for obligation until September 30, 2023:
Provided, That the Chiefs of National Guard and Reserve
components shall, not later than 30 days after enactment of
this Act, individually submit to the congressional defense
committees the modernization priority assessment for their
respective National Guard or Reserve component: Provided
further, That none of the funds made available by this
paragraph may be used to procure manned fixed wing aircraft, or
procure or modify missiles, munitions, or ammunition: Provided
further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $175,824,000, to remain available until
September 30, 2022: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $59,562,000, to remain available until
September 30, 2022: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $5,304,000, to remain available
until September 30, 2022: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $80,818,000, to remain
available until September 30, 2022: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $20,090,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$365,098,000, which shall be for operation and maintenance:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $24,069,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds
made available in this title are in addition to amounts
appropriated or otherwise made available for the Department of
Defense for fiscal year 2021.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may, with the approval of the Office of
Management and Budget, transfer up to $2,000,000,000 between
the appropriations or funds made available to the Department of
Defense in this title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the
authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and
is subject to the same terms and conditions as the authority
provided in section 8005 of this Act.
Sec. 9003. Supervision and administration costs and costs
for design during construction associated with a construction
project funded with appropriations available for operation and
maintenance or the ``Afghanistan Security Forces Fund''
provided in this Act and executed in direct support of overseas
contingency operations in Afghanistan, may be obligated at the
time a construction contract is awarded: Provided, That, for
the purpose of this section, supervision and administration
costs and costs for design during construction include all in-
house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the United
States Central Command area of responsibility: (1) passenger
motor vehicles up to a limit of $75,000 per vehicle; and (2)
heavy and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005. Not to exceed $2,000,000 of the amounts
appropriated by this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program (CERP), for the purpose of enabling military commanders
in Afghanistan to respond to urgent, small-scale, humanitarian
relief and reconstruction requirements within their areas of
responsibility: Provided, That each project (including any
ancillary or related elements in connection with such project)
executed under this authority shall not exceed $500,000:
Provided further, That not later than 45 days after the end of
each 6 months of the fiscal year, the Secretary of Defense
shall submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of
funds during that 6-month period that were made available
pursuant to the authority provided in this section or under any
other provision of law for the purposes described herein.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any
other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to allied forces participating in a combined
operation with the armed forces of the United States and
coalition forces supporting military and stability operations
in Afghanistan and to counter the Islamic State of Iraq and
Syria: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees
regarding support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq or Syria.
(3) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in
Afghanistan.
Sec. 9008. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on December
10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law
105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and
regulations prescribed thereto, including regulations
under part 208 of title 8, Code of Federal Regulations,
and part 95 of title 22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the
approval of a financial and activity plan by the Afghanistan
Resources Oversight Council (AROC) of the Department of
Defense: Provided, That the AROC must approve the requirement
and acquisition plan for any service requirements in excess of
$50,000,000 annually and any non-standard equipment
requirements in excess of $100,000,000 using ASFF: Provided
further, That the Department of Defense must certify to the
congressional defense committees that the AROC has convened and
approved a process for ensuring compliance with the
requirements in the preceding proviso and accompanying report
language for the ASFF.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be used
to purchase items having an investment unit cost of not more
than $250,000: Provided, That, upon determination by the
Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command
engaged in contingency operations overseas, such funds may be
used to purchase items having an investment item unit cost of
not more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by this
Act for the Defense Security Cooperation Agency in ``Operation
and Maintenance, Defense-Wide'' may be used to provide
assistance to the Government of Jordan to support the armed
forces of Jordan and to enhance security along its borders.
Sec. 9012. None of the funds made available by this Act
under the headings ``Afghanistan Security Forces Fund'' and
``Counter-ISIS Train and Equip Fund'', and under the heading
``Operation and Maintenance, Defense-Wide'' for Department of
Defense security cooperation grant programs, may be used to
procure or transfer man-portable air defense systems.
Sec. 9013. Of the amounts appropriated in this title under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $275,000,000, of which
$137,500,000 to remain available until September 30, 2022 shall
be for the Ukraine Security Assistance Initiative: Provided,
That such funds shall be available to the Secretary of Defense,
in coordination with the Secretary of State, to provide
assistance, including training; equipment; lethal assistance;
logistics support, supplies and services; sustainment; and
intelligence support to the military and national security
forces of Ukraine, and for replacement of any weapons or
articles provided to the Government of Ukraine from the
inventory of the United States: Provided further, That the
Secretary of Defense shall, not less than 15 days prior to
obligating funds made available in this section, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall, not more than 60 days after such notification is
made, inform such committees if such funds have not been
obligated and the reasons therefor: Provided further, That the
United States may accept equipment procured using funds made
available in this section in this or prior Acts that was
transferred to the security forces of Ukraine and returned by
such forces to the United States: Provided further, That
equipment procured using funds made available in this section
in this or prior Acts, and not yet transferred to the military
or National Security Forces of Ukraine or returned by such
forces to the United States, may be treated as stocks of the
Department of Defense upon written notification to the
congressional defense committees: Provided further, That the
Secretary of Defense shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives
and the Senate on the use and status of funds made available in
this section.
Sec. 9014. Funds appropriated in this title shall be
available for replacement of funds for items provided to the
Government of Ukraine from the inventory of the United States
to the extent specifically provided for in section 9013 of this
Act.
Sec. 9015. None of the funds made available by this Act may
be used to provide arms, training, or other assistance to the
Azov Battalion.
Sec. 9016. Equipment procured using funds provided in prior
Acts under the heading ``Counterterrorism Partnerships Fund''
for the program authorized by section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291), and not yet
transferred to authorized recipients may be transferred to
foreign security forces, irregular forces, groups, or
individuals, authorized to receive assistance using amounts
provided under the heading ``Counter-ISIS Train and Equip
Fund'' in this Act: Provided, That such equipment may be
transferred 15 days following written notification to the
congressional defense committees.
Sec. 9017. None of the funds made available by this Act may
be used with respect to Iraq in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities in
Iraq, into situations in Iraq where imminent involvement in
hostilities is clearly indicated by the circumstances, or into
Iraqi territory, airspace, or waters while equipped for combat,
in contravention of the congressional consultation and
reporting requirements of sections 3 and 4 of such Resolution
(50 U.S.C. 1542 and 1543).
Sec. 9018. None of the funds made available by this Act may
be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9019. None of the funds in this Act may be made
available for the transfer of additional C-130 cargo aircraft
to the Afghanistan National Security Forces or the Afghanistan
Air Force.
Sec. 9020. Funds made available by this Act under the
heading ``Afghanistan Security Forces Fund'' may be used to
provide limited training, equipment, and other assistance that
would otherwise be prohibited by 10 U.S.C. 362 to a unit of the
security forces of Afghanistan only if the Secretary of Defense
certifies to the congressional defense committees, within 30
days of a decision to provide such assistance, that (1) a
denial of such assistance would present significant risk to
United States or coalition forces or significantly undermine
United States national security objectives in Afghanistan; and
(2) the Secretary has sought a commitment by the Government of
Afghanistan to take all necessary corrective steps: Provided,
That such certification shall be accompanied by a report
describing: (1) the information relating to the gross violation
of human rights; (2) the circumstances that necessitated the
provision of such assistance; (3) the Afghan security force
unit involved; (4) the assistance provided and the assistance
withheld; and (5) the corrective steps to be taken by the
Government of Afghanistan: Provided further, That every 120
days after the initial report an additional report shall be
submitted detailing the status of any corrective steps taken by
the Government of Afghanistan: Provided further, That if the
Government of Afghanistan has not initiated necessary
corrective steps within 1 year of the certification, the
authority under this section to provide assistance to such unit
shall no longer apply: Provided further, That the Secretary
shall submit a report to such committees detailing the final
disposition of the case by the Government of Afghanistan.
Sec. 9021. None of the funds made available by this Act may
be made available for any member of the Taliban except to
support a reconciliation activity that includes the
participation of members of the Government of Afghanistan, does
not restrict the participation of women, and is authorized by
section 1218 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116- 92).
Sec. 9022. Nothing in this Act may be construed as
authorizing the use of force against Iran.
(rescissions)
Sec. 9023. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That such amounts are designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2019/2021, $90,000,000;
``Aircraft Procurement, Air Force'', 2019/2021,
$16,400,000;
``Operation and Maintenance, Defense-Wide: DSCA
Security Cooperation'', 2020/2021, $75,000,000;
``Operation and Maintenance, Defense-Wide: Coalition
Support Funds'', 2020/2021, $45,000,000;
``Afghanistan Security Forces Fund'', 2020/2021,
$1,100,000,000;
``Counter-ISIS Train and Equip Fund'', 2020/2021,
$400,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2020/2022, $100,000,000;
``Procurement of Ammunition, Air Force'', 2020/2022,
$49,679,000;
``Research, Development, Test and Evaluation, Army'',
2020/2021, $2,878,000; and
``Research, Development, Test and Evaluation,
Defense-Wide'', 2020/2021, $7,165,000.
Sec. 9024. Of the amounts appropriated in this title under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $753,603,000, to
remain available until September 30, 2022, shall be available
for International Security Cooperation Programs and other
programs to provide support and assistance to foreign security
forces or other groups or individuals to conduct, support or
facilitate counterterrorism, crisis response, or building
partner capacity programs: Provided, That the Secretary of
Defense shall, not less than 15 days prior to obligating funds
made available in this section, notify the congressional
defense committees in writing of the details of any planned
obligation: Provided further, That the Secretary of Defense
shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate
on the use and status of funds made available in this section.
Sec. 9025. Of the amounts appropriated in this title under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $100,000,000, to
remain available until September 30, 2022, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military and stability operations in Afghanistan
and to counter the Islamic State of Iraq and Syria: Provided,
That such reimbursement payments may be made in such amounts as
the Secretary of Defense, with the concurrence of the Secretary
of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on documentation
determined by the Secretary of Defense to adequately account
for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following written notification to the appropriate
congressional committees: Provided further, That these funds
may be used for the purpose of providing specialized training
and procuring supplies and specialized equipment and providing
such supplies and loaning such equipment on a non-reimbursable
basis to coalition forces supporting United States military and
stability operations in Afghanistan and to counter the Islamic
State of Iraq and Syria, and 15 days following written
notification to the appropriate congressional committees:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the Committees on Appropriations of the
House of Representatives and the Senate on the use and status
of funds made available in this section.
Sec. 9026. Of the amounts appropriated in this title under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $250,000,000, to
remain available until September 30, 2022, shall be available
to reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman under
section 1226 of the National Defense Authorization Act for
Fiscal Year 2016 (22 U.S.C. 2151 note), for enhanced border
security, of which not less than $150,000,000 shall be for
Jordan: Provided, That the Secretary of Defense shall, not
less than 15 days prior to obligating funds made available in
this section, notify the congressional defense committees in
writing of the details of any planned obligation and the nature
of the expenses incurred: Provided further, That the Secretary
of Defense shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate
on the use and status of funds made available in this section.
Sec. 9027. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 shall be
available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
Sec. 9028. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of the First
Amendment of the Constitution.
[Clerk's note.--Reproduced below is the material relating
to division C contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H7967 of
Book III.
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DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021
The following is an explanation of the effects of this Act,
which makes appropriations for the Department of Defense for
fiscal year 2021. The joint explanatory statement accompanying
this division is approved and indicates congressional intent.
Unless otherwise noted, the language set forth in House Report
116-453 carries the same weight as language included in this
joint explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
For the purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177), as amended by
the Balanced Budget and Emergency Deficit Control Reaffirmation
Act of 1987 (Public Law 100-119), and by the Budget Enforcement
Act of 1990 (Public Law 101-508), the terms ``program, project,
and activity'' for appropriations contained in this Act shall
be defined as the most specific level of budget items
identified in the Department of Defense Appropriations Act,
2021, the related classified annexes and explanatory
statements, and the P-1 and R-1 budget justification documents
as subsequently modified by congressional action.
The following exception to the above definition shall
apply: the military personnel and the operation and maintenance
accounts, for which the term ``program, project, and activity''
is defined as the appropriations accounts contained in the
Department of Defense Appropriations Act.
At the time the President submits the budget request for
fiscal year 2022, the Secretary of Defense is directed to
transmit to the congressional defense committees budget
justification documents to be known as the ``M-1'' and the ``O-
1'' which shall identify, at the budget activity, activity
group, and sub-activity group level, the amounts requested by
the President to be appropriated to the Department of Defense
for military personnel and operation and maintenance in any
budget request, or amended budget request, for fiscal year
2022.
REPROGRAMMING GUIDANCE FOR BASE AND OVERSEAS CONTINGENCY OPERATIONS
FUNDING
The Secretary of Defense is directed to continue to follow
the reprogramming guidance for acquisition accounts as
specified in the report accompanying the House version of the
Department of Defense Appropriations bill for Fiscal Year 2008
(House Report 110-279). The dollar threshold for reprogramming
funds shall be $10,000,000 for military personnel; operation
and maintenance; procurement; and research, development, test
and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees annual DD Form 1416 reports for titles I and II and
quarterly, spreadsheet-based DD Form 1416 reports for Service
and defense-wide accounts in titles III and IV of this Act.
Reports for titles III and IV shall comply with guidance
specified in the explanatory statement accompanying the
Department of Defense Appropriations Act, 2006. The Department
shall continue to follow the limitation that prior approval
reprogrammings are set at either the specified dollar threshold
or 20 percent of the procurement or research, development, test
and evaluation line, whichever is less. These thresholds are
cumulative from the base for reprogramming value as modified by
any adjustments. Therefore, if the combined value of transfers
into or out of a military personnel (M-1); an operation and
maintenance (O-1); a procurement (P-1); or a research,
development, test and evaluation (R-1) line exceeds the
identified threshold, the Secretary of Defense must submit a
prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables.
CONGRESSIONAL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or
items for which funding is specifically reduced as shown in the
project level tables or in paragraphs using the phrase ``only
for'' or ``only to'' are congressional special interest items
for the purpose of the Base for Reprogramming (DD Form 1414).
Each of these items must be carried on the DD Form 1414 at the
stated amount, as specifically addressed in the explanatory
statement.
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in the
accompanying classified annex.
GENERAL TRANSFER AUTHORITY AND SPECIAL TRANSFER AUTHORITY
The Congress, in exercising its constitutional
responsibility to oversee the executive branch, must improve
its understanding of the Department of Defense's application of
transfer authority and reprogramming actions as the Department
executes the budget authority granted by the Congress. The
Secretary of Defense is directed to submit a report to the
House and Senate Appropriations Committees not later than 90
days after the enactment of this Act which shall include the
following:
(1) The levels of General Transfer Authority (GTA)--granted
in title VIII in annual defense appropriations acts--and
Special Transfer Authority (STA)--granted in title IX in annual
defense appropriations acts--provided to the Department of
Defense by fiscal year for the last ten fiscal years. In
addition to the overall levels of authorized GTA and STA, the
report shall include the portion of authorized GTA and STA that
was utilized by the Department by fiscal year, and specify the
percentage of the total GTA and STA that was used for below
threshold reprogramming actions;
(2) The portion of GTA and STA, by fiscal year for the last
ten fiscal years, appropriated to the Department of Defense,
transferred to, and subsequently implemented by a Department or
agency other than one funded in this Act;
(3) The level of GTA and STA, by fiscal year for the last
ten fiscal years, used for actions submitted to address urgent
mission critical requirements, unforeseen circumstances of an
urgent nature (such as the unanticipated mobilization and
movement of military personnel to a conflict zone, or
investments included in joint urgent operational needs
statements), or for life safety; and
(4) The portion of GTA and STA, by fiscal year for the last
ten fiscal years, used to address non-urgent contract awards,
to fund initiatives or investments included in operational
needs statements, to accelerate existing acquisition programs,
to procure quantities of equipment and/or services originally
planned for purchase in the future years defense program as
presented in the respective budget year, and/or to augment
previously planned research and development efforts.
Further, the Comptroller General is directed, not than
later 30 days after the submission of the above-mentioned
report to the House and Senate Appropriations Committees, to
provide to these Committees a review of this report, to include
an assessment of the extent to which the actions described in
response to the direction above comply with existing
appropriations law.
APPROPRIATIONS FOR DEPARTMENT OF DEFENSE-IDENTIFIED UNFUNDED
REQUIREMENTS
In accordance with 10 U.S.C. 222(a), the military Services
and combatant commands submitted to the congressional defense
committees with submission of the fiscal year 2021 President's
budget request their unfunded mission requirements. As in
previous years, these requests were assessed on the basis of
cost, schedule, and performance. Therefore, this agreement
recommends additional appropriations to address these
shortfalls, as appropriate.
It is noted that, in some instances, appropriations
provided in prior fiscal years to address unfunded requirements
remained unobligated for several years after they were
appropriated. Subsequently, those unobligated appropriations
were proposed for realignment for purposes other than those
requested by the Department of Defense and intended by the
Congress. While it is understandable that requirements evolve
and associated funding requirements change during execution of
the budget, such unexecuted and/or reallocated appropriations
suggest that additional details regarding the execution of
appropriations provided specifically for unfunded requirements
identified by the Department of Defense are warranted.
Therefore, it is directed that any submission of unfunded
requirements with the fiscal year 2022 President's budget
request be accompanied by updated execution data that speaks to
the extent to which the unfunded requirements that received
appropriations in fiscal year 2021 were fulfilled or partially
fulfilled. Further, the Assistant Secretaries (Financial
Management and Comptroller) for the Air Force, Navy, and Army
are directed to provide, not later than 30 days after the
enactment of this Act, updated budget request brief templates
to the congressional defense committees that include distinct
programmatic and execution data for appropriations provided in
the previous three fiscal years for unfunded requirements.
INDEPENDENT COST ESTIMATES AND OTHER PROGRAM INFORMATION
In accordance with 10 U.S.C. 2334(a), the Director, Cost
Assessment and Program Evaluation (CAPE), is directed to
conduct or approve Independent Cost Estimates (ICEs) in advance
of certain milestones for all major defense acquisition
programs and major subprograms. In addition, Department of
Defense Instruction 5000.73 outlines the responsibilities of
the Director, CAPE in providing estimates and expresses the
policy of the Department for its use. It is noted that
Instruction 5000.73 defines an ICE as ``a full life-cycle cost
estimate of a program and includes: All costs of development,
procurement, military construction, operations and support,
disposal, and trained manpower to operate, maintain, and
support the program or subprogram upon full operational
deployment, without regard to funding source or management
control.''
The congressional defense committees view ICEs as a
critical source of information about programs consuming
billions of taxpayer dollars. For the purpose of recommending
appropriations, the committees routinely review ICEs along with
program requirements information and cost, schedule and
performance data, to include acquisitiondecision memoranda and
test and evaluation master plans. Timely and complete submission of all
documents to the congressional defense committees is necessary to
conduct oversight and should be done as a routine matter. The Deputy
Secretary of Defense is directed to provide ICEs to the congressional
defense committees for all major defense acquisition programs and major
subprograms included in the President's budget request and accompanying
future years defense program, as well as those directed by the
congressional defense committees.
CONGRESSIONAL LIAISON OFFICES
Department of Defense Appropriations Acts have long
maintained restrictions on the use of funds to consolidate the
budget or appropriations liaison office of the Office of the
Secretary of Defense, the Office of the Secretary of a military
department, or the service headquarters of one of the Armed
Forces into a legislative affairs or legislative liaison
office. The House and Senate Appropriations Committees continue
to support the dedication of liaisons to the specialized work
of the Committees and want to ensure that these offices have
the staff and resources they need to be effective. Therefore,
not later than 90 days after the enactment of this Act, the
Secretary of Defense is directed to submit proposals and
recommendations to the House and Senate Appropriations
Committees to strengthen the budget and appropriations liaison
offices to improve coordination within the Department of
Defense and the House and Senate Appropriations Committees for
the vital work performed by each institution. These proposals
and recommendations should include an examination of rank and
promotion parity, civilian and military integration within each
office, and other proposals deemed appropriate by each Service.
Furthermore, the Secretary of Defense is directed to maintain
and fill no fewer than nine liaison positions in the Office of
the Under Secretary of Defense (Comptroller), Budget and
Appropriations Affairs during fiscal year 2021.
READINESS
The agreement recommends an additional $300,500,000 in
title VIII of this Act to be transferred to the operation and
maintenance accounts and be divided proportionately among the
Services and the National Guard and reserve components. This
funding shall be used only to improve military readiness,
including increased training, depot maintenance, and base
operations support. None of the funding provided may be used
for recruiting, marketing, or advertising programs. The funding
provided is a congressional special interest item. The
Secretary of Defense and the Service Secretaries are directed
to submit a detailed spending plan by sub-activity group to the
House and Senate Appropriations Committees not less than 30
days prior to the obligation of these funds. These transfers
may be implemented 30 days after congressional notification
unless an objection is received from either the House or Senate
Appropriations Committees.
F-35 PRODUCTION
The fiscal year 2021 President's budget request includes 79
F-35 Joint Strike Fighters (JSF), 19 fewer than were provided
in the Department of Defense Appropriations Act, 2020 (Public
Law 116-93). The agreement notes that the Department of Defense
continues to request fewer than 60 F-35A variants and the F-35B
procurement profile was reduced to ten aircraft in the fiscal
year 2021 President's budget request, five fewer than were
planned in the fiscal year 2020 President's budget for fiscal
year 2021. The agreement notes that the reduction in F-35Bs was
partially offset by an increase in the Marine Corps' request
for F-35Cs as part of force structure decisions. As a result,
the agreement recommends an additional $1,129,000,000 to
procure 12 additional F-35As in fiscal year 2021, as delineated
in the Air Force's unfunded priorities list. In addition, the
agreement recommends $518,400,000 to procure five additional F-
35Cs for the Navy and Marine Corps.
The Department of Defense took several actions in prior
years to prepare for Turkey's removal from the F-35 program,
including changes to its supply base and supply chain to
accommodate the loss of Turkish industrial participation.
However, the agreement notes that full transition away from
Turkish parts will not occur until delivery of lot 14 is
complete. Therefore, not later than 60 days after the enactment
of this Act, and quarterly thereafter through final delivery of
lot 14 aircraft, the Program Executive Officer, F-35 Joint
Program Office, is directed to submit a report to the
congressional defense committees on the status of contributions
by Turkish suppliers to the F-35 supply chain. The report shall
also include efforts by the prime contractor and the Department
to ensure compliance with section 1245 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) and
updates on the production and delivery schedule for lot 14
aircraft.
F-35 PARTS REIMBURSEMENT
The prime vendor for the Joint Strike Fighter and the
Department of Defense are in negotiation regarding
reimbursement to the Department for parts delivered that were
considered inadequate for installation. The Program Executive
Officer, F-35 Joint Program Office, in coordination with the
Assistant Secretary of the Air Force (Acquisition, Technology
and Logistics) and the Assistant Secretary of the Navy
(Research, Development and Acquisition) is directed to include,
in the President's budget request for fiscal year 2022,
budgetary information that reflects the sum of any credited
funds and the budgetary lines in which the Service will apply
those credits to reduce program costs.
F-35 ECONOMIC ORDER QUANTITY
The fiscal year 2021 President's budget request for F-35
includes $492,063,000 for economic order quantity (EOQ)
materials for 254 United States F-35 aircraft to be procured in
fiscal years 2021 through 2023 (lots 15-17). This is the second
and final tranche of EOQ requested by the Program Executive
Officer, F-35 Joint Program Office (JPO) for lot 15-17 aircraft
following $543,730,000 requested by the JPO and appropriated by
the Congress in fiscal year 2020 for that purpose. Typically,
EOQ authorization and appropriations provide bulk purchasing
authority of components under a multi-year procurement per 10
U.S.C. 2306(b). Requesting authority and funding for EOQ
outside of a certified multi-year procurement is highly
unusual. Nevertheless, in order to achieve program cost savings
in excess of $400,000,000, the JPO first requested and Congress
authorized and appropriated EOQ absent a multi-year procurement
for F-35 in fiscal year 2018 for aircraft purchased in fiscal
years 2018 through 2020 (lots 12-14). However, the savings
estimated by the JPO in support of that EOQ did not materialize
to the extent projected. Further, despite receiving EOQ as
requested in fiscal year 2020 for 270 United States aircraft to
be procured in lots 15-17, the fiscal year 2021 budget
submission reduced the quantity of United States aircraft to be
procured in lots 15-17, calling into question the value of
purchasing bulk material using EOQ authority and
appropriations, and the ability to generate the savings
previously estimated.
The lack of savings materialized and continued adjustments
to F-35 aircraft quantities year-over-year call into question
whether appropriations for EOQ should continue to be provided
to the F-35 program. However, changes to funding, contracting,
and acquisition strategies mid-stream could have detrimental
effects on program costs and the supplier base. Therefore, the
agreement provides full funding for the EOQ requested in fiscal
year 2021 for lots 15-17 as this is the final EOQ request for
these aircraft. The Director, Cost Assessment and Program
Evaluation, is directed to submit to the congressional defense
committees, with the submission of the fiscal year 2022
President's budget request, an estimate of cost savings
materialized for lot 15-17 aircraft directly resulting from EOQ
appropriated in fiscal years 2020 and 2021. Finally, the
agreement contains a rescission of $28,167,000 for fiscal year
2020 EOQ for lot 15-17 aircraft the JPO no longer plans to
procure.
BUDGETING FOR F-35 MODERNIZATION
The fiscal year 2021 President's budget request includes
$14,186,886,000 for development, production, and sustainment of
the F-35, including $1,578,760,000 for follow-on modernization
of the F-35A, F-35B, and F-35C aircraft to provide 513
additional individual capabilities. It is noted that the
Department of Defense has budgeted $5,731,731,000 from fiscal
year 2021 through fiscal year 2025 for these follow-on
modernization efforts, and that the total estimate for the
follow-on modernization program is $17,900,000,000. Follow-on
modernization of the F-35 continues to be supported by the
congressional defense committees, and despite some concerns
with the ability to measure delivered software updates against
planned capabilities as well as the delayed synchronization of
fielded aircraft capabilities and the ability to maintain
associated training cycles, the Department's adopted
acquisition strategy of Continuous Capability Development and
Delivery (C2D2) for follow-on modernization is not objected to
at this time. However, there are concerns with the Department's
approach tobudgeting for C2D2 and the lack of detail in the
budget justification materials. For instance, the ``R-2A Project
Justification'' and ``R-3 Project Cost Analysis'' for Air Force, Navy,
and Marine Corps C2D2 budget exhibits do not trace to funds requested
in the respective program elements for projects in that fiscal year,
nor to the project level execution data provided during the
congressional budget review process. Further, there are concerns with
project level funding adjustments in the year of budget execution, as
well as with repeated adjustments to the budget request for follow-on
modernization after the submission of the budget request.
In order to ensure visibility into follow-on modernization
cost and performance, and traceability of appropriated and
requested funding to fielded capabilities, the project
structure for F-35 C2D2 needs to be revised. Upon consultation
with the Program Executive Officer, F-35 Joint Program Office,
this revision is detailed in the project level tables
accompanying the Research, Development, Test and Evaluation,
Navy and Research, Development, Test and Evaluation, Air Force
appropriation accounts in this explanatory statement. The
Program Executive Officer, F-35 Joint Program Office, is
directed to follow this revised project structure for C2D2 in
future budget submissions, to include all justification
materials, budget briefs, and execution updates. Further, while
visibility into international contributions to the C2D2 program
is appreciated, the agreement recommends appropriations for
United States requirements only. Therefore, the budget
justification materials should only reflect the request for
those appropriations.
NEW BUDGET EXHIBIT CAPTURING SAVINGS FROM PROPOSED FORCE STRUCTURE
CHANGES
The Under Secretary of Defense (Comptroller) and the
Assistant Secretary of the Air Force (Financial Management and
Comptroller) are directed to collaborate with the House and
Senate Appropriations Committees to create a budget exhibit
that will display the savings assumed in the budget request for
aircraft retirements and divestitures to be submitted with each
President's budget request. The display shall have a separate
page for each aircraft type/model/series that shall include,
but not be limited to, quantities of aircraft impacted, funding
changes by appropriation and line item through the entire
future years defense program, and a narrative explaining how
the funding change for each line was derived. Discussions on
this new budget exhibit are expected to begin not later than 45
days after the enactment of this Act. The exhibit shall be
included in the justification materials submitted with the
fiscal year 2023 President's budget request.
CLOUD COMPUTING SERVICES BUDGET EXHIBIT
The Chief Information Officer of the Department of Defense
is directed to provide a separate narrative page to be included
after the funding table for each military Service and defense
agency in the budget exhibit titled ``Department of Defense FY
2021 Cloud Profile and Budget Estimates''. The narrative shall
address the factors driving any funding changes between fiscal
years by appropriation; a description of the strategies each
military Service and defense agency will use to implement cloud
computing, including a timeline; and how these strategies will
be incorporated into the Department's overall enterprise cloud
environment.
MISSILE DEFENSE AGENCY BUDGET REQUEST, PRIORITIES, AND UNFUNDED
REQUIREMENTS
The fiscal year 2021 President's budget request for the
Missile Defense Agency (MDA) totals $9,133,668,000 (excluding
appropriations for Military Construction), a decrease of
$1,273,122,000 from amounts enacted for fiscal year 2020.
Separately, with submission of the fiscal year 2021 President's
budget request, the Director, MDA, submitted to the
congressional defense committees a list of unfunded MDA
requirements for fiscal year 2021 totaling $969,222,000. The
apparent disconnect among the 2017 National Security Strategy,
the 2018 National Defense Strategy, the 2020 Missile Defense
Review (which defines missile defense as ``an essential
component of United States national security and defense
strategies''), and the fiscal year 2021 President's budget
request for MDA is concerning. In particular, ongoing
acquisition programs that were identified as high priority
within MDA's architecture as recently as one year ago, such as
the development of a space sensor for the tracking of
hypersonic threats and ballistic missiles, the development of
an interceptor against hypersonic weapons, and the procurement
of a radar for the defense of Hawaii, have been removed from
MDA's budget, or underwent significant funding reductions. The
inconsistencies are concerning, and greater programmatic and
fiscal alignment consistent with the aforementioned documents
among the Director, MDA; the Under Secretary of Defense
(Research and Engineering); the Under Secretary of Defense
(Acquisition and Sustainment); the Under Secretary of Defense
(Comptroller); the Deputy Secretary of Defense; the Director,
Cost Assessment and Program Evaluation; and the Director,
Office of Management and Budget, is expected in future budget
submissions. A total of $10,464,614,000 is recommended for MDA
activities for fiscal year 2021, an increase of $1,330,946,000
above the request, and the Director, MDA is directed to provide
the congressional defense committees, not later than 30 days
after the enactment of this Act, updated acquisition and spend
plans for MDA's fiscal year 2021 appropriations.
MISSILE DEFENSE AGENCY WORKFORCE
The fiscal year 2021 President's budget request proposes a
reduction to the Missile Defense Agency's (MDA) civilian
workforce by 35 full-time equivalents (FTEs). It is noted that
over the last four years, MDA's civilian FTEs have been reduced
by more than four percent and that the fiscal year 2021 future
years defense program proposes to further reduce MDA's civilian
FTEs by more than five percent from current levels--even as
MDA's workload continues to grow during that timeframe.
Further, the assessment directed in Senate Report 116-103
regarding MDA's required workforce size, qualifications, and
makeup to address MDA requirements has not been submitted to
the congressional defense committees. Therefore, the fiscal
year 2021 proposal to further reduce MDA's civilian FTE is
rejected, and an increase of $15,000,000 in fiscal year 2021 to
restore these MDA personnel reductions is recommended. Further,
it is directed that no adjustments may be made to MDA's
workforce size, structure, and organization until 30 days after
the Deputy Secretary of Defense, acting directly through the
Director, MDA, briefs the congressional defense committees on
any such proposed adjustments.
HYPERSONIC AND BALLISTIC TRACKING SPACE SENSOR
The fiscal year 2021 President's budget request includes no
funds for the Missile Defense Agency (MDA) to continue the
development of a Hypersonic and Ballistic Tracking Space Sensor
(HBTSS) program, which is required to detect and track
hypersonic threats and ballistic missiles. It is noted that MDA
began this program in fiscal year 2013 and that the Director,
MDA has repeatedly identified HBTSS as a top acquisition
program for MDA.
The Space Development Agency (SDA) and MDA will share
responsibility for developing and deploying the HBTSS
architecture and constellation under a joint Memorandum of
Agreement that defines each agency's roles and
responsibilities, and SDA's development efforts are fully
funded elsewhere within the Research, Development, Test and
Evaluation, Defense-Wide appropriation. With the fiscal year
2021 budget request, the Director, MDA, in response to Senate
Report 116-103, submitted to the congressional defense
committees a limited acquisition strategy for HBTSS. Details
regarding the overall space architecture to be developed and
fielded by SDA and MDA and cost estimates were not included.
Therefore, the Directors, SDA and MDA are directed to jointly
provide to the congressional defense committees, with
submission of the President's fiscal year 2022 budget request,
the comprehensive acquisition strategy for HBTSS, including the
components of the architecture, respective fielding plans,
contract-type determinations and rationales therefor, plans for
technical data management, integrated master test plans and
integrated master schedules, as well as cost estimates by
element and for the overall strategy. A total of $130,000,000
is recommended for MDA's HBTSS sensor efforts in fiscal year
2021, to include a transfer of $10,000,000 of funds for HBTSS
requested within SDA's budget, and it is expected that this
program will be fully funded in future budget submissions for
both MDA and SDA.
BUDGETING FOR MISSILE DEFENSE AGENCY TEST EVENTS
The fiscal year 2021 President's budget request includes
$1,287,008,000 for Missile Defense Agency (MDA) test events and
associated test infrastructure. Regular and realistic testing
of the ballistic missile defense system to prove out missile
defense capabilities, increase engagement capability and
capacity, and build warfighter confidence is strongly
supported. However, the repeated volatility of the MDA's annual
test plans resulting in schedule adjustments, test delays, and
the cancellation of previously planned and budgeted flight
tests in the year of execution, is concerning. Funds for MDA's
fiscal year 2021 budget request for test events are recommended
per the supplemental test event budget briefing materials
provided to the House and SenateAppropriations Committees, as
modified by the table of ``Project Level Adjustments'' in the
explanatory statement accompanying this Act, and MDA's test budget is
designated as a congressional special interest item for the purpose of
Base for Reprogramming.
HOMELAND DEFENSE RADAR-HAWAII
The President's fiscal year 2021 budget request includes no
funds to continue acquisition of a Homeland Defense Radar on
Hawaii. A discrimination radar on Hawaii is an important part
of the architecture for United States homeland defense, and the
Missile Defense Agency (MDA) awarded a fixed-price incentive
contract for the production of this radar in December 2018. In
order to maintain efficient production of the radar, an
additional $133,000,000, only to be used for the Homeland
Defense Radar-Hawaii, is recommended.
The site selection for the radar has been delayed due to
locations previously under consideration no longer being
considered viable, and one alternate location (``#4'') on the
Pacific Missile Range Facility (PMRF) will be added to the
environmental impact statement for full environmental analysis.
The House and Senate Appropriations Committees look forward to
receiving the results of that analysis in a timely manner.
Further, the Director, MDA is directed to submit a report to
the congressional defense committees, not later than 30 days
after the enactment of this Act, regarding the viability of
PMRF site #4 as an alternative site for Homeland Defense Radar-
Hawaii, and this report shall detail the planning process
between MDA and the Navy regarding validation of PMRF site #4
as an alternative site, to include steps taken to complete an
assessment of a radar's impact on PMRF training range
operations and an estimated timeline for completion of the
environmental review and issuance of a record of decision. In
addition, the Secretary of the Navy and the Commander, United
States Pacific Fleet, are directed to jointly provide the
congressional defense committees, not later than with the
submission of the fiscal year 2022 President's budget request,
an independent assessment regarding the impact of locating a
Homeland Defense Radar-Hawaii at PMRF site #4 on Navy and
Marine Corps operations, including any mitigations the Navy and
Marine Corps would require and associated cost estimates.
AEGIS BASELINES BUDGET ESTIMATES
As previously expressed in Senate Report 116-103, concerns
remain with the lack of stability of the scope and costs of
AEGIS ``baselines'' and inadequate budget justification
materials. The Missile Defense Agency Program Executive, Sea-
Based Weapons Systems and the Department of the Navy Program
Executive Officer, Integrated Warfare Systems are directed to
provide to the congressional defense committees, not later than
30 days after the enactment of this Act, a joint acquisition
baseline for AEGIS development efforts.
SUPPORT TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE
STRATEGIC NATIONAL STOCKPILE
The agreement recognizes the Department of the Army's
capabilities in additive manufacturing that may enhance
preparedness and be leveraged in the event of a public health
emergency requiring activation of critically needed medical
supplies from the Strategic National Stockpile. The Secretary
of Defense is urged to work with the Secretary of Health and
Human Services (HHS) to provide technical manufacturing
expertise to the Strategic National Stockpile for the provision
of components of medical supplies and devices to replenish
depleted stocks, provide surge capacity, and maintain the
stockpile over time. Further, the agreement directs the
Secretary of Defense to submit a report to the congressional
defense committees, not later than 180 days after the enactment
of this Act, detailing the Department's work with HHS to
support the Strategic National Stockpile.
CHIMPANZEES ON AIR FORCE PROPERTY
The Secretary of the Air Force is encouraged to work with
the Director of the National Institutes of Health to seek
alternative arrangements for the housing and care of
chimpanzees currently residing on Air Force property.
TITLE I--MILITARY PERSONNEL
The agreement provides $157,807,905,000 in Title I,
Military Personnel, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SUMMARY OF MILITARY PERSONNEL END STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2021
-------------------------------------------------------------------------------
Fiscal year Change from
2020 Budget Request Final Bill Change from fiscal year
authorized request 2020
----------------------------------------------------------------------------------------------------------------
Active Forces (End Strength):
Army.......................... 480,000 485,900 485,900 - - - 5,900
Navy.......................... 340,500 347,800 347,800 - - - 7,300
Marine Corps.................. 186,200 184,100 181,200 -2,900 -5,000
Air Force..................... 332,800 333,700 333,700 - - - 900
Total, Active Forces........ 1,339,500 1,351,500 1,348,600 -2,900 9,100
Guard and Reserve Forces (End
Strength):
Army Reserve.................. 189,500 189,800 189,800 - - - 300
Navy Reserve.................. 59,000 58,800 58,800 - - - -200
Marine Corps Reserve.......... 38,500 38,500 38,500 - - - - - -
Air Force Reserve............. 70,100 70,300 70,300 - - - 200
Army National Guard........... 336,000 336,500 336,500 - - - 500
Air National Guard............ 107,700 108,100 108,100 - - - 400
Total, Selected Reserve..... 800,800 802,000 802,000 - - - 1,200
-------------------------------------------------------------------------------
Total, Military Personnel... 2,140,300 2,153,500 2,150,600 -2,900 10,300
----------------------------------------------------------------------------------------------------------------
SUMMARY OF GUARD AND RESERVE FULL-TIME STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2021
-------------------------------------------------------------------------------
Fiscal year Change from
2020 Budget Request Final Bill Change from fiscal year
authorized request 2020
----------------------------------------------------------------------------------------------------------------
Active Guard and Reserve:
Army Reserve.................. 16,511 16,511 16,511 - - - - - -
Navy Reserve.................. 10,155 10,215 10,215 - - - 60
Marine Corps Reserve.......... 2,386 2,386 2,386 - - - - - -
Air Force Reserve............. 4,431 5,256 5,256 - - - 825
Army National Guard........... 30,595 30,595 30,595 - - - - - -
Air National Guard............ 22,637 25,333 25,333 - - - 2,696
-------------------------------------------------------------------------------
Total, Full-Time Support.... 86,715 90,296 90,296 - - - 3,581
----------------------------------------------------------------------------------------------------------------
MILITARY PERSONNEL OVERVIEW
The agreement provides the resources required for 1,348,600
active forces and 802,000 selected reserve forces in order to
meet operational needs for fiscal year 2021. The agreement also
provides the funding necessary to support a 3 percent pay raise
for all military personnel, effective January 1, 2021.
REPROGRAMMING GUIDANCE FOR MILITARY PERSONNEL ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2021
appropriations accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' military personnel accounts between budget
activities in excess of $10,000,000.
MILITARY PERSONNEL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level tables
or in paragraphs using the phrase ``only for'' or ``only to''
in the explanatory statement are congressional special interest
items for the purpose of the Base for Reprogramming (DD Form
1414). Each of these items must be carried on the DD Form 1414
at the stated amount as specifically addressed in the
explanatory statement. Below threshold reprogrammings may not
be used to either restore or reduce funding from congressional
special interest items as identified on the DD Form 1414.
RESERVE COMPONENT BUDGET REPORTING
The Secretary of Defense is directed to provide a semi-
annual detailed report to the congressional defense committees
which shows transfers between sub-activities within the
military personnel appropriation. Reports shall be submitted
not later than 30 days after the end of the second quarter and
not later than 30 days after the end of the fiscal year.
SUICIDE PREVENTION AND OUTREACH
The agreement adopts the reporting requirements contained
under the heading ``Suicide Prevention and Outreach'' in House
Report 116-453 but changes the reporting requirement frequency
from monthly to semi-annually.
MILITARY PERSONNEL AND EXTREMIST IDEOLOGIES
The Secretary of Defense shall, not later than 120 days
after the enactment of this Act, provide the congressional
defense committees with an update to the report on military
personnel and extremist or criminal groups submitted to
Congress on January 24, 2020. The report shall describe new
policy and personnel actions taken since the preceding report
and provide additional information on the types of extremist or
criminal groups involved in such personnel actions. Details may
be provided by a classified appendix, if required.
MILITARY PERSONNEL, ARMY
The agreement provides $44,861,853,000 for Military
Personnel, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, NAVY
The agreement provides $33,764,579,000 for Military
Personnel, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, MARINE CORPS
The agreement provides $14,557,436,000 for Military
Personnel, Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, AIR FORCE
The agreement provides $32,784,171,000 for Military
Personnel, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, ARMY
The agreement provides $5,037,119,000 for Reserve
Personnel, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, NAVY
The agreement provides $2,200,600,000 for Reserve
Personnel, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, MARINE CORPS
The agreement provides $843,564,000 for Reserve Personnel,
Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, AIR FORCE
The agreement provides $2,193,493,000 for Reserve
Personnel, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
NATIONAL GUARD PERSONNEL, ARMY
The agreement provides $8,663,999,000 for National Guard
Personnel, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
NATIONAL GUARD PERSONNEL, AIR FORCE
The agreement provides $4,530,091,000 for National Guard
Personnel, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE II--OPERATION AND MAINTENANCE
The agreement provides $192,213,468,000 in Title II,
Operation and Maintenance, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2021
appropriation accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities, or between sub-activity groups in the case
of Operation and Maintenance, Defense-Wide, in excess of
$10,000,000. In addition, the Secretary of Defense shall follow
prior approval reprogramming procedures for transfers in excess
of $10,000,000 out of the following readiness sub-activity
groups:
Army:
Maneuver units
Modular support brigades
Land forces operations support
Aviation assets
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities sustainment, restoration, and modernization
Specialized skill training
Navy:
Mission and other flight operations
Fleet air training
Aircraft depot maintenance
Mission and other ship operations
Ship depot maintenance
Facilities sustainment, restoration, and modernization
Marine Corps:
Operational forces
Field logistics
Depot maintenance
Facilities sustainment, restoration, and modernization
Air Force:
Primary combat forces
Combat enhancement forces
Depot purchase equipment maintenance
Facilities sustainment, restoration, and modernization
Contractor logistics support and system support
Flying hour program
Air Force Reserve:
Primary combat forces
Air National Guard:
Aircraft operations
Additionally, the Secretary of Defense is directed to use
normal prior approval reprogramming procedures when
implementing transfers in excess of $10,000,000 into the
following budget sub-activities:
Operation and Maintenance, Army:
Recruiting and advertising
Operation and Maintenance, Army National Guard:
Other personnel support/recruiting and advertising
OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level tables
or in paragraphs using the phrase ``only for'' or ``only to''
in the explanatory statement are congressional special interest
items for the purpose of the Base for Reprogramming (DD Form
1414). Each of these items must be carried on the DD Form 1414
at the stated amount as specifically addressed in the
explanatory statement. Below threshold reprogrammings may not
be used to either restore or reduce funding from congressional
special interest items as identified on the DD Form 1414.
OPERATION AND MAINTENANCE BUDGET EXECUTION DATA
The Secretary of Defense is directed to continue to provide
the congressional defense committees with quarterly budget
execution data. Such data should be provided not later than 45
days after the close of each quarter of the fiscal year, and
should be provided for each O-1 budget activity, activity
group, and sub-activity group for each of the active, defense-
wide, reserve, and National Guard components. For each O-1
budget activity, activity group, and sub-activity group, these
reports should include the budget request and actual obligation
amount, the distribution of unallocated congressional
adjustments to the budget request, all adjustments made by the
Department in establishing the Base for Reprogramming (DD Form
1414) report, all adjustments resulting from below threshold
reprogrammings, and all adjustments resulting from prior
approval reprogramming requests.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
The fiscal year 2021 President's budget request proposes to
transfer $140,320,000 from the Department of Defense
Acquisition Workforce Development Account (DAWDA) to the
Services' operation and maintenance accounts for the
acquisition workforce. This transfer is supported as requested,
and details are displayed in the table below. The funding in
the table is designated as a congressional special interest
item for the purpose of Base for Reprogramming. It is directed
that the Under Secretary of Defense (Comptroller) and the
Service Secretaries shall use normal prior approval
reprogramming procedures prior to obligating or expending these
funds for any purpose other than the acquisition workforce.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operation and Maintenance, Army......................... $37,640,000
Operation and Maintenance, Navy......................... 60,620,000
Operation and Maintenance, Air Force.................... 42,060,000
---------------
Total................................................. 140,320,000
------------------------------------------------------------------------
While the fiscal year 2021 Service budget justification
materials show the transfer of funds from the DAWDA, it is
noted that these funds are encompassed within large funding
lines, which limits visibility and insight into, and execution
of, requested funding specifically for the acquisition
workforce. Therefore, with submission of the fiscal year 2022
President's budget request, the respective Service acquisition
executives are directed to provide a report to the
congressional defense committees identifying their respective
acquisition workforce requirements in support of the
acquisition programs included in the fiscal year 2022 future
years defense program. Further, the respective Service
financial managers and comptroller of the Army, Navy, and Air
Force are directed to certify, with submission of the fiscal
year 2022 President's budget request, to the congressional
defense committees, that these acquisition workforce
requirements are fully funded in the fiscal year 2022
President's budget request.
The Under Secretary of Defense (Comptroller), in
coordination with the respective Service acquisition executives
and financial managers and comptroller, is directed, beginning
with the fiscal year 2023 President's budget request, to
establish unique defense acquisition workforce sub-activity
groups for each operation and maintenance account that contains
such funding. Further, the Under Secretary of Defense
(Comptroller), in coordination with the respective Service
acquisition executives and financial managers and comptroller,
is directed to work with the House and Senate Appropriations
Committees to develop performance criteria metrics to be
included in the OP-5 budget exhibit for the new sub-activity
group in order to increase visibility and clarity into funding
for the defense acquisition workforce.
REPROGRAMMING GUIDANCE FOR SPECIAL OPERATIONS COMMAND
The agreement directs the Secretary of Defense to submit a
baseline report that shows the Special Operations Command's
operation and maintenance funding by sub-activity group for the
fiscal year 2021 appropriation not later than 60 days after the
enactment of this Act. The Secretary of Defense is further
directed to submit quarterly execution reports to the
congressional defense committees not later than 45 days after
the end of each fiscal quarter that addresses the rationale for
the realignment of any funds within and between budget sub-
activities and the movement of any base funds used to support
overseas contingency operations. Finally, the Secretary of
Defense is directed to notify the congressional defense
committees 30 days prior to the realignment of funds in excess
of $10,000,000 between sub-activity groups.
DEPARTMENT OF DEFENSE AUDIT
The Under Secretary of Defense (Comptroller), in
coordination with the respective Service Financial Manager and
Comptroller, is directed to develop a budget exhibit, for
submission with the fiscal year 2022 President's budget
request, detailing the costs of the Department of Defense
audit. The exhibit shall include three separate budget tables;
one showing costs for Audit Services, one for Audit Support,
and one for Remediation, which includes remediating audit
findings related to financial systems. Each table shall include
the following elements:
(1) Appropriation
(2) Budget line item number/sub-activity group
(3) Budget line item title
(4) Prior year dollars in thousands (showing actuals)
(5) Current year dollars in thousands
(6) Budget year dollars in thousands
(7) Description, which shall define what the funds in each
line item purchase
(8) Explanation of change, which shall explain any
significant changes between the current year projection and the
budget request.
SPARE PARTS STOCK
The Service Secretaries and the Director of the Defense
Logistics Agency are directed to conduct analysis on spare
parts requirements to determine the spares levels necessary to
enable the armed forces to fulfill the strategic and
contingency plans in accordance with the National Defense
Strategy.
OPERATION AND MAINTENANCE BUDGET JUSTIFICATION
The agreement recommends two changes to the budget
justification documents to further inform the congressional
review. First, the Secretary of the Air Force shall include the
average FTE cost (annual average salary) in the Personnel
Summary section of the OP-5 exhibit for each sub-activity
group. This direction applies to all Air Force components.
Second, for the Operation and Maintenance, Defense-Wide
appropriation, the Secretary of Defense shall submit a separate
OP-5 and OP-32 exhibit for each line that is requested on the
O-1 breakout of Operation and Maintenance Programs.
PER- AND POLYFLUOROALKYL SUBSTANCES CLEANUP COST REPORTING
The agreement adopts the reporting requirements contained
under the heading ``Per- and Polyfluoroalkyl Substances Cleanup
Cost Reporting'' in House Report 116-453 but changes the
reporting requirement frequency from quarterly to semi-
annually.
DRINKING WATER CONTAMINATION
The Director of the Department of Defense PFAS Task Force
is directed to brief the House and Senate Appropriations
Committees not later than 180 days after the enactment of this
Act on research efforts regarding aqueous film forming foam
replacement solutions and alternatives, to include cost
implications and the testing of products to ensure they meet
military standards.
STANDARDS AND PROTOCOLS ON COUNTERING CYBERSECURITY INCIDENTS
The agreement adopts the reporting requirements contained
under the heading ``Standards and Protocols on Countering
Cybersecurity Incidents'' in House Report 116-453 but
designates the Secretary of Defense to the consulting role as
opposed to the lead for this deliverable.
COLLECTIVE BARGAINING
There are concerns with a January 29, 2020, Presidential
memorandum delegating to the Secretary of Defense the
President's long-standing authority to exclude Department of
Defense agencies and subdivisions from being covered under the
Federal Service Labor-Management Relations Statute pursuant to
5 U.S.C. Section 7103(b)(1) or (2) of title 5, which outlines
collective bargaining rights for Federal employees.
Acknowledging the risks associated with broadly exempting
agencies or subdivisions that have been operating successfully
without the exemption, Secretary of Defense is expected to
continue to apply rigorous internal processes requiring
Department of Defense components to submit significant
documentation to support any request to exclude its agencies or
subdivisions from collective bargaining.
FEDERAL LAW ENFORCEMENT
The agreement notes that the explanatory statement
accompanying the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2021 directs the Attorney General
to ensure implementation of evidence-based training programs on
de-escalation and the use-of-force, as well as on police-
community relations, that are broadly applicable and scalable
to all Federal law enforcement agencies. The agreement further
notes that several agencies funded by this Act employ Federal
law enforcement officers and are Federal Law Enforcement
Training Centers partner organizations. The agreement directs
such agencies to consult with the Attorney General regarding
the implementation of these programs for their law enforcement
officers. The agreement further directs such agencies to brief
the Committees on Appropriations on their efforts relating to
such implementation no later than 90 days after consultation
with the Attorney General. In addition, the agreement directs
such agencies, to the extent that they are not already
participating, to consult with the Attorney General and the
Director of the FBI regarding participation in the National
Use-of-Force Data Collection. The agreement further directs
such agencies to brief the Committees on Appropriations, no
later than 90 days after enactment of this Act, on their
current efforts to so participate.
OPERATION AND MAINTENANCE, ARMY
The agreement provides $38,418,982,000 for Operation and
Maintenance, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DYNAMIC FORCE EMPLOYMENT
The agreement provides a total of $250,000,000 in Operation
and Maintenance, Army for Dynamic Force Employment and
designates the funding a congressional special interest item.
The Secretary of Defense is directed to submit a quarterly
report on the use of the Dynamic Force Employment funds for any
and all activities or exercises for which funds are utilized in
fiscal year 2021. The reports shall include, but not be limited
to, the following elements for each exercise: title, date,
location, which Services and units participated (with an
estimated number of participants), total cost by budget line
item (with a breakdown by cost element such as transportation
and repair parts), and a short explanation of the objective.
The reports shall be submitted to the congressional defense
committees not later than 30 days after the close of each
quarter of the fiscal year.
PILOT PROGRAM FOR ONLINE REAL ESTATE INVENTORY TOOLS
The agreement recommends an additional $1,500,000 which the
Secretary of the Army shall use for a pilot program to pursue
the use of information technology tools to better market space
available and more quickly determine which real estate should
be divested to further achieve efficiencies within the United
States Army Installation Management Command. The Secretary of
the Army is directed to provide a report to the House and
Senate Appropriations Committees not later than May 1, 2021,
that includes a list of installations selected for the pilot
program, an outline for the deployment of this capability to
the selected installations, and a cost estimate to expand the
tool to all Army installations.
OPERATION AND MAINTENANCE, NAVY
The agreement provides $47,632,527,000 for Operation and
Maintenance, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
NAVAL SHIPYARD APPRENTICE PROGRAM
The Secretary of the Navy is directed to induct classes of
not fewer than 100 apprentices at each of the respective naval
shipyards and to include the costs of the fiscal year 2022
class of apprentices in its budget request.
UNITED STATES COAST GUARD
The agreement directs that funds appropriated under
Operation and Maintenance, Navy may be used to pay overhead
costs incurred by a naval shipyard when drydocking United
States Coast Guard ships.
PACIFIC UNDERWATER TRAINING RANGES
The Secretary of the Navy is directed to provide a report
to the House and Senate Appropriations Committees detailing the
Navy's plans for the Barking Sands Tactical Underwater Range
and Barking Sands Underwater Range Expansion not later than 180
days after the enactment of this Act. The report shall include
a budgetary plan and timeline to recapitalize and modernize the
ranges and interim risk reduction efforts to ensure that the
ranges can continue to deliver a realistic environment for
testing and training until the Navy completes its full
recapitalization and modernization plan.
OPERATION AND MAINTENANCE, MARINE CORPS
The agreement provides $7,286,184,000 for Operation and
Maintenance, Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, AIR FORCE
The agreement provides $33,528,409,000 for Operation and
Maintenance, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
AIR FORCE PILOT SHORTAGE
House Report 116-453 included language expressing concerns
with the Air Force's pilot shortage and directed the Secretary
of the Air Force to provide a report on augmenting pilot
training. While the Air Force is undertaking numerous
initiatives to address the issue, there is still concern that
these initiatives, when combined, will not increase pilot
production to meet National Defense Strategy requirements.
Therefore, the Commander of Air Education and Training Command
and the Deputy Chief of Staff of Operations at United States
Air Force Headquarters are directed to brief the House and
Senate Appropriations Committees not later than 45 days after
the enactment of this Act and quarterly thereafter on the
status of the Air Force's pilot shortfall and all efforts aimed
to address it. The briefing shall, at a minimum, include an
update on the development of the Service's strategic plan to
address the shortage, the metrics used to measure the
effectiveness of all lines of effort, data comparing actual
pilot production and monthly targets for each phase of training
for all tracks, information on the impact of trainer aircraft
maintenance and associated logistics efforts impacting the
pilot training shortage to include aircraft availability rates
for each platform, simulator usage and availability data, pilot
retention metrics, and a comprehensive summary of all
appropriated funds expended to date for each line of effort
aimed at addressing the pilot shortfall.
UNCONTAMINATED WATER FOR AGRICULTURAL PURPOSES
The Secretary of Defense and the Secretary of the Air Force
are urged to implement section 343 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
OPERATION AND MAINTENANCE, SPACE FORCE
The agreement provides $2,492,114,000 for Operation and
Maintenance, Space Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement provides $39,048,990,000 for Operation and
Maintenance, Defense-Wide, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DEFENSE POW/MIA ACCOUNTING AGENCY
The agreement supports the significant remains recovery
goals outlined in the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84) and commends the Defense
POW/MIA Accounting Agency for undertaking partnership
arrangements with Carnegie R1 research universities to more
effectively account for missing personnel and ensure families
receive more timely information. The Director of the Defense
POW/MIA Accounting Agency is directed to brief the House and
Senate Appropriations Committees not later than 60 days after
the enactment of this Act on plans for expanding these
partnership arrangements into a systematic research and
recovery process, through partnerships with Carnegie R1
research universities, focusing on prioritized World War II
accounting efforts.
ENHANCING THE CAPABILITY OF MILITARY CRIMINAL INVESTIGATIVE
ORGANIZATIONS TO PREVENT AND COMBAT CHILD SEXUAL EXPLOITATION
A designee of the Secretary of Defense is directed to brief
the House and Senate Appropriations Committees, not later than
30 days after the enactment of this Act, an update on the
initiative established under Section 550D of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92). The briefing shall also address opportunities within the
following subject matters: establishing cooperative agreements
and co-training with the relevant federal, state, local, and
other law enforcement agencies; integrating child protective
services and organizations into the initiative; and
implementing recommendations made in the Government
Accountability Office's report titled ``Increased Guidance and
Collaboration Needed to Improve DoD's Tracking and Response to
Child Abuse'' (GAO-20-110).
SEXUAL ASSAULT PREVENTION PLAN OF ACTION
The agreement recommends an additional $7,500,000 for the
Sexual Assault Prevention and Response Office for continued
implementation of the Prevention Plan of Action and to fund
prevention efforts throughout the Services. The Director of the
Sexual Assault Prevention and Response Office is directed to
brief the House and Senate Appropriations Committees on its
spend plan for the $7,500,000 not later than 90 days after the
enactment of this Act.
DEFENSE LANGUAGE AND NATIONAL SECURITY EDUCATION OFFICE
The agreement designates the funding included in the fiscal
year 2021 President's budget request for the Language Training
Centers as a congressional special interest item and directs
that the funding profile for the Language Training Centers in
total for the prior year, current year, and budget year be
included in the Performance Criteria section of the Defense
Human Resources Activity OP-5 budget exhibit in future budget
submissions.
FEASIBILITY OF LANGUAGE AND CULTURAL COMPETENCY TRAINING FOR STATE
PARTNERSHIP PROGRAM
The Secretary of Defense is directed to perform a
feasibility study for a language skills and cultural competency
pilot program through existing Defense Language and National
Security Education Office contracts to benefit the State
Partnership Program between National Guard units and partner
governments. The pilot should look at multiple partnerships to
provide insight into program design, curriculum, and
utilization of accredited universities local to National Guard
units to improve State Partnership Program interactions.
SERVICE-PROVIDED SUPPORT AND ENABLING CAPABILITIES TO UNITED STATES
SPECIAL OPERATIONS FORCES
The agreement directs the Service Secretaries and the
Secretary of Defense on behalf of the defense agencies to
include with the fiscal year 2022 budget submission and each
subsequent year thereafter, a consolidated budget justification
display showing Service-common support and enabling
capabilities contributed from each of the military Services and
defense agencies to special operations forces. The report shall
include a detailed accounting of the resources allocated by
each Service or defense agency at the appropriation and line
item level to provide combat support, combat service support,
training, base operating support, pay and allowances, and
enabling capabilities or other common services and support for
special operations forces. The exhibit shall also include an
identification of any changes in the level or type of support
in the current fiscal year when compared to the preceding year.
THEATER SPECIAL OPERATIONS COMMAND ACTIVITIES
The agreement directs the Assistant Secretary of Defense
(Special Operations/Low Intensity Conflict), in coordination
with the Commander of United States Special Operations Command,
the Service Secretaries, and the Chairman of the Joint Chiefs
of Staff, to provide a report to the congressional defense
committees on the activities of Theater Special Operations
Commands (TSOCs). The report shall be provided not later than
15 days after submission of the fiscal year 2022 budget request
and include a detailed accounting of activities performed by
the TSOCs in the preceding year, current fiscal year, and
current budget request submission at the budget line item level
of detail. The report shall include a detailed accounting of
resources allocated by the military Services, United States
Special Operations Command, and the combatant commands.
MILITARY INFORMATION SUPPORT OPERATIONS
The agreement directs the Assistant Secretary of Defense
(Special Operations/Low Intensity Conflict) to submit a report
for military information support operations (MISO) activities
for the individual geographic combatant commands justified by
the main pillars of the National Defense Strategy to the House
and Senate Appropriations Committees not later than 15 days
upon submission of the fiscal year 2022 budget request and
annually thereafter. The report shall include spend plans
identifying the requested and enacted funding levels for both
voice and internet activities and how those activities are
coordinated with the Intelligence Community and the Department
of State. The enacted levels will serve as the baseline for
reprogramming in accordance with section 8007 of this Act.
Furthermore, the agreement directs the Assistant Secretary of
Defense (Special Operations/Low Intensity Conflict) to submit
to the congressional defense committees, not later than 90 days
after the end of the fiscal year, an annual report that
provides details on each combatant commands' MISO activities by
activity name, description, goal or objective, target audience,
dissemination means, executed funds, and assessments of their
effectiveness. Additional details for the report are included
in the classified annex accompanying this Act.
FORCE DEPLOYMENT NOTIFICATIONS AND QUARTERLY REPORT
The agreement directs that not later than five days after a
significant deployment or redeployment of military personnel to
a location outside the United States, the Secretary of Defense
shall submit to the congressional defense committees a
notification of the deployment, including the units and number
of personnel deployed or redeployed and the location of the
deployment. In addition, not later than 45 days after the
enactment of this Act and quarterly thereafter, the Secretary
of Defense shall submit to the congressional defense committees
a report on the deployment of armed forces by each geographic
combatant command. The report shall include the number of
servicemembers, civilian employees, and contract personnel
deployed, as well as the country and named operation, if
applicable, to which such personnel are assigned.
BASE NOTIFICATION
The agreement directs that not later than 15 days after the
date on which any foreign base that involves the stationing or
operations of United States military personnel, including a
temporary base, permanent base, or base owned and operated by a
foreign country, is opened or closed, the Secretary of Defense
shall notify the congressional defense committees in writing.
The notification shall include the base location, dates of
opening or closure, and any associated personnel changes,
costs, or savings.
SECURITY FORCE ASSISTANCE BRIGADE QUARTERLY REPORT
The Secretary of Defense is directed to submit a report to
the congressional defense committees, not later than 45 days
after the enactment of this Act and quarterlythereafter, on
deployments of Army security force assistance brigades to foreign
countries to provide training or equipment to their security forces.
The report shall include a description of each United States Army
brigade and number of individuals deployed; the education and training
provided to the brigade; a description of the amount, type, and purpose
of the training or equipment provided; the authority under which the
program was conducted; the recipient foreign country and the security
forces; the timeline, cost, and the source of funds; arrangements made
for the sustainment of the program; any prior assistance provided by a
security force assistance brigade; and what was accomplished and how
the training and equipment fits into the overall security cooperation
goals of the country.
NOISE MITIGATION COMMUNITIES PARTNERSHIP
The agreement includes additional language to address the
effects that jet noise has on communities. The Secretary of
Defense is directed to continue to provide the reports required
under this heading in House Report 116-453. The Federal
Aviation Administration is the primary Federal agency for noise
mitigation support to local communities to plan for and respond
to commercial aircraft noise. The agreement expands the
interaction between the Department of Defense and the
Department of Transportation to ensure that assets of each
individual program of both agencies work to alleviate the
effects of noise on the communities as expeditiously as
possible.
The agreement recognizes when military bases experience a
change or expansion of mission, the rapid adjustment of noise
contours is faster than local communities and existing land use
planning and mitigation efforts can adjust. Therefore, the
agreement provides $50,000,000 to the Department of Defense
Office of Economic Adjustment for assisting communities in
adjusting their noise mitigation plans to be available for
projects within a one mile or a 65 decibel Day-Night Average
Sound Level contour as determined by sound studies, such as an
environmental impact statement.
DEFENSE SECURITY COOPERATION AGENCY PROGRAMS
The agreement does not include funding for a proposed
National Defense Strategy Implementation Account. Instead, the
agreement provides separate funding for International Security
Cooperation Programs and the Combating Terrorism and Irregular
Warfare Fellowship Program. The agreement provides $55,840,000
above the budget request for countries in the Africa Command
area of responsibility and $46,156,000 above the budget request
for countries in the Southern Command area of responsibility
for International Security Cooperation Programs. The agreement
directs that such amounts are in addition to requested program
levels and shall only be obligated for additional programs
within each respective combatant command.
Prior to the initial obligation of funds made available in
titles II and IX of this Act for the Defense Security
Cooperation Agency (DSCA), the Director of DSCA shall submit a
spend plan for each program listed in the budget justification
documents for DSCA to the House and Senate Appropriations
Committees. For funds planned for International Security
Cooperation Programs, the Director shall, in coordination with
the commanders of each geographic combatant command, include
amounts planned for each combatant command and country, and a
comparison to such amounts provided in the prior three fiscal
years. Amounts in the spend plan shall only reflect amounts
requested in the fiscal year 2021 budget justification
materials and modified by the fiscal year 2021 appropriations
adjustments in the table under this heading for DSCA. Prior to
obligation of funds that would deviate from the plan, the
Director shall provide an updated plan to such Committees
outlining any changes between each program listed in the budget
justification documents or between combatant commands or
countries, and a justification for the changes. Concurrent with
the submission of the fiscal year 2022 budget request, the
Director shall also provide to such Committees a breakout of
the request for International Security Cooperation Programs by
combatant command and country.
This language replaces the funding levels specified in
House Report 116-453 under the heading ``Defense Security
Cooperation Programs''. The Secretary of Defense shall follow
the other directives under this heading in House Report 116-
453.
EL MOZOTE MASSACRE
Not later than 60 days after the date of enactment of this
Act, the Secretary of Defense, in coordination with the
Secretary of State, shall provide all relevant information and
documents to the appropriate judicial authorities in El
Salvador investigating the December 1981 massacre in El Mozote.
Additionally, not later than 30 days following such action, the
Secretary of Defense shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
describing the information and documents provided and the
authorities that received them.
RENAMING INSTITUTIONS
The agreement does not adopt the language under the heading
``Renaming Institutions'' in House Report 116-453.
RESTRICTIONS ON TRANSFER OF ITEMS TO LAW ENFORCEMENT
In lieu of Section 8132 of the House bill, the agreement
supports section 1053 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 and
directs the Department to provide a report detailing its
compliance with such section not later than 120 days after the
date of enactment of this Act and quarterly thereafter.
OPERATION AND MAINTENANCE, ARMY RESERVE
The agreement provides $2,887,898,000 for Operation and
Maintenance, Army Reserve, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, NAVY RESERVE
The agreement provides $1,115,150,000 for Operation and
Maintenance, Navy Reserve, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
The agreement provides $283,494,000 for Operation and
Maintenance, Marine Corps Reserve, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
The agreement provides $3,268,461,000 for Operation and
Maintenance, Air Force Reserve, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
The agreement provides $7,350,837,000 for Operation and
Maintenance, Army National Guard, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
The agreement provides $6,785,853,000 for Operation and
Maintenance, Air National Guard, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
The agreement provides $15,211,000 for the United States
Court of Appeals for the Armed Forces.
ENVIRONMENTAL RESTORATION, ARMY
The agreement provides $264,285,000, an increase of
$56,767,000 above the budget request, for Environmental
Restoration, Army.
ENVIRONMENTAL RESTORATION, NAVY
The agreement provides $421,250,000, an increase of
$85,318,000 above the budget request, for Environmental
Restoration, Navy. Specifically, $68,318,000 is provided as a
general program increase and $17,000,000 is provided to address
costs associated with remediating contamination caused by
perfluorinated chemicals.
ENVIRONMENTAL RESTORATION, AIR FORCE
The agreement provides $509,250,000, an increase of
$205,324,000 above the budget request, for Environmental
Restoration, Air Force.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
The agreement provides $19,952,000, an increase of
$10,847,000 above the budget request, for Environmental
Restoration, Defense-Wide.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
The agreement provides $288,750,000, an increase of
$72,163,000 above the budget request, for Environmental
Restoration, Formerly Used Defense Sites.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
The agreement provides $147,500,000 for Overseas
Humanitarian, Disaster, and Civic Aid, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
FOREIGN DISASTER RELIEF....................... 20,000 35,000
Program increase............................ ........... 15,000
HUMANITARIAN ASSISTANCE....................... 74,900 90,000
Program increase............................ ........... 15,100
HUMANITARIAN MINE ACTION PROGRAM.............. 15,000 22,500
Program increase............................ ........... 7,500
-------------------------
Total, Overseas Humanitarian, Disaster, 109,900 147,500
and Civic Aid............................
------------------------------------------------------------------------
COOPERATIVE THREAT REDUCTION ACCOUNT
The agreement provides $360,190,000 for the Cooperative
Threat Reduction Account, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
Strategic Offensive Arms Elimination.......... 2,924 2,924
Chemical Security and Elimination............. 11,806 11,806
Global Nuclear Security....................... 20,152 35,852
Program increase--Global Nuclear Security... ........... 15,700
Biological Threat Reduction Program........... 127,396 225,396
Program increase--Biological Threat ........... 98,000
Reduction Program..........................
Proliferation Prevention Program.............. 52,064 60,064
Program increase--Proliferation Prevention ........... 8,000
Program....................................
Other Assessments/Admin Costs................. 24,148 24,148
-------------------------
Total, Cooperative Threat Reduction 238,490 360,190
Account..................................
------------------------------------------------------------------------
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT
The agreement provides $88,181,000 for the Department of
Defense Acquisition Workforce Development Account, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
TRAINING AND DEVELOPMENT...................... 55,386 85,386
Program increase--acquisition workforce ........... 30,000
training...................................
RETENTION AND RECOGNITION..................... 1,358 1,358
RECRUITING AND HIRING......................... 1,437 1,437
-------------------------
Total, Department of Defense Acquisition 58,181 88,181
Workforce Development Account............
------------------------------------------------------------------------
FUNDING FOR THE DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
The fiscal year 2021 President's budget request proposes to
transfer $140,320,000 previously programmed in the Department
of Defense Acquisition Workforce Development Account (DAWDA) to
the Army, Navy, and Air Force operation and maintenance
accounts for the acquisition workforce. These transfers are
supported in this agreement, and the requirement to maintain
visibility into funding for the acquisition workforce is
addressed in the ``Operation and Maintenance'' section of this
explanatory statement. In addition, the fiscal year 2021
President's budget request includes $58,181,000 in DAWDA.
Support for the Department of Defense acquisition workforceis
reiterated, and an additional $30,000,000 for DAWDA training and
development is provided due to increased demands on the acquisition
workforce.
It is expected that the Under Secretary of Defense
(Comptroller), the Under Secretary of Defense (Acquisition and
Sustainment), the Director, Cost Assessment and Program
Evaluation, as well as the Service acquisition executives and
Service financial managers and comptroller will continue to
include clearly identified and appropriate funding requests for
the Department of Defense acquisition workforce in DAWDA and
the Services' operation and maintenance appropriation accounts.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE REPORTING REQUIREMENTS
The Under Secretary for Defense (Acquisition and
Sustainment) is directed to provide the Department of Defense
Acquisition Workforce annual report to the congressional
defense committees not later than 30 days after the submission
of the fiscal year 2022 President's budget request. Further, as
in previous years, the Under Secretary of Defense (Acquisition
and Sustainment) is directed to provide to the congressional
defense committees, with the submission of the fiscal year 2022
President's budget request, additional details regarding total
funding for the acquisition workforce by funding category and
appropriations accounts.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT
REPROGRAMMING GUIDANCE
The Secretary of Defense is directed to follow
reprogramming guidance for the Department of Defense
Acquisition Workforce Development Account (DAWDA) consistent
with reprogramming guidance for acquisition accounts detailed
elsewhere in this explanatory statement. The dollar threshold
for reprogramming DAWDA funds remains $10,000,000.
TITLE III--PROCUREMENT
The agreement provides $136,532,968,000 in Title III,
Procurement, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall be $10,000,000 for procurement and research,
development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified dollar
threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustments. Therefore, if the combined
value of transfers into or out of a procurement (P-1) or
research, development, test and evaluation (R-1) line exceeds
the identified threshold, the Secretary of Defense must submit
a prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables.
PROCUREMENT SPECIAL INTEREST ITEMS
Items for which additional funds have been recommended or
items for which funding is specifically reduced as shown in the
project level tables detailing recommended adjustments or in
paragraphs using the phrase ``only for'' or ``only to'' in the
explanatory statement are congressional special interest items
for the purpose of the Base for Reprogramming (DD Form 1414).
Each of these items must be carried on the DD Form 1414 at the
stated amount, as specifically addressed elsewhere in the
explanatory statement.
BUDGETING FOR ADVANCE PROCUREMENT
Advance procurement (AP) appropriations are provided as an
exception to the policy of full funding of end items. AP
funding is, by policy, for procurement of long lead items when
early procurement allows for production schedules to be
maintained.
In the fiscal year 2020 President's budget request, the
Navy planned to procure 12 CH-53Ks in fiscal year 2021 and
therefore requested and was subsequently appropriated
$215,000,000 in AP for those 12 aircraft. However, the fiscal
year 2021 President's budget request includes $813,324,000 in
Aircraft Procurement, Navy for the procurement of seven CH-53K
helicopters, a reduction of $515,464,000 and a quantity of five
aircraft from the amount identified in the prior year budget
justification materials for fiscal year 2021. Not only did the
Navy reduce the number of helicopters requested in fiscal year
2021 contrary to its prior year plans, it failed to fully
budget for the procurement of the seven CH-53Ks requested. The
budget request proposed to apply excess fiscal year 2020 AP
appropriations to cover the balance of the fiscal year 2021
funding shortfall. This blurs the line between the purpose for
AP funding and full funding of procurement items, which injects
uncertainty into the industrial base, jeopardizes the stability
of the program, and complicates oversight. In addition,
downward adjustments to end items following the request for and
receipt of advance procurement appropriations absent a clear
rationale, such as a reduction in the acquisition objective or
challenges with the industrial base, violate the agreement
between the Department of Defense and the congressional defense
committees with respect to granting exceptions to the full
funding policy. Similar downward adjustments to end items
following receipt of advance procurement appropriations
occurred in the budget requests for the F-35A, F-35B, MQ-4, and
several shipbuilding programs in recent years.
Therefore, the Under Secretary of Defense (Comptroller), in
coordination with the Service acquisition executives, is
directed to provide with the fiscal year 2022 President's
budget request, and for each submission thereafter, for any
program for which AP is requested, the following information to
the congressional defense committees: a list of the long lead
items to be procured and associated end item this material will
be incorporated into, the quantity of each type of item, the
unit cost of each type of item, the schedule for production of
each of the items, an assessment of how much time and cost is
saved by using advance procurement funding to buy the long lead
items requested, and certification that the balance of the
funds for end items is included in the budget submission.
ARSENAL SUSTAINMENT INITIATIVE
The agreement continues to support the Secretary of the
Army's efforts to ensure that the critical manufacturing
capabilities of the nation's organic industrial base are
maintained and commends the Army for issuing a definitive make-
or-buy directive for the manufacturing arsenals. The guidance
ensures that arsenals will be given fair consideration for
every Army acquisition; provides for a 30-day review of all
such decisions by the Army Acquisition Executive; requires all
private sector companies to consider the arsenals as a
potential supplier of component parts; and provides for an
annual review of this overall process. The Secretary of the
Army is encouraged to implement the directive consistently to
ensure the arsenals have the workload necessary to maintain the
proficiency and capacity to meet the manufacturing needs of the
nation during war and peacetime. The agreement notes that it
has not yet received detailed recommendations from the
Secretary of Defense on how the Air Force, Navy, and Marine
Corps can better use the arsenals for their manufacturing
needs, or what opportunities may exist for the arsenals to
assist the Services and the Defense Logistics Agency to procure
for the spare parts inventory of the Department of Defense, as
required by Senate Report 114-63.
ARMY ORGANIC INDUSTRIAL BASE
The Secretary of the Army is directed to provide 45-day
written notification to the congressional defense committees
prior to approving civilian reductions in force that will
result in an employment loss of 50 or more full-time employees
at any Army organic industrial base facility. The notification
shall include the impact that the proposed reduction in force
will have on the ability to maintain the organic industrial
base critical manufacturing capabilities as delineated in the
Army Organic Industrial Base Strategy Report, a detailed
accounting of the costs of implementing the reduction in force,
and an assessment of the cost of, and time necessary,
restoration of any lost capability to meet future organic
wartime manufacturing needs.
AIRCRAFT PROCUREMENT, ARMY
The agreement provides $3,457,342,000 for Aircraft
Procurement, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
CHINOOK HELICOPTER
The agreement fully funds the request of six MH-47G
retrofits and includes one CH-47F war replacement aircraft. In
addition, the agreement provides sufficient funding for the
first five F Block II aircraft in fiscal year 2021, and advance
procurement funding to enable long-lead materials for the
second lot of five F Block II aircraft in fiscal year 2022. The
Chinook is the only heavy lift cargo helicopter in the Army
inventory for which the Army currently has no replacement
plans. Further, the Chief of Staff of the Army certified the
need for Block II capability less than three years ago and the
Department of Defense Appropriations Act, 2020 outlined certain
expectations for future CH-47F Block II funding.
The Army has embarked upon an ambitious modernization
initiative which has been supported by Congress and the Army
must make difficult decisions to resource its plan. However,
Army heavy lift capability will continue to be an essential
part of the National Defense Strategy and its emphasis on near-
peer competitors. Furthermore, the capability gaps that led to
the Block II research and development efforts exist today, and
significantly delaying improved heavy lift upgrades will defer
important capability that is currently needed.
Finally, the Army's decision to delay production of CH-47
Block II aircraft has resulted in significant overhead costs
being shifted onto the MH-47G line, even though congressional
support of F Block II remains evident. The Secretary of the
Army is directed to provide quarterly reports, not later than
30 days after the end of each fiscal quarter, to the House and
Senate Appropriations Committees outlining budget execution
data for the CH-47 Helicopter and advance procurement budget
lines, including detailed obligation and expenditure of all
overhead costs.
MISSILE PROCUREMENT, ARMY
The agreement provides $3,220,541,000 for Missile
Procurement, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
The agreement provides $3,611,887,000 for Procurement of
Weapons and Tracked Combat Vehicles, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MK93 MACHINE GUN MOUNT UPGRADE PROGRAM
The agreement encourages the Secretary of the Army to
include funding for the Mk93 machine gun mount upgrade in the
fiscal year 2022 President's budget request. Further the
Secretary of the Army is directed to provide a report to the
congressional defense committees, not later than 90 days after
the enactment of this Act, which details plans to implement the
Mk93 machine gun mount upgrade.
PROCUREMENT OF AMMUNITION, ARMY
The agreement provides $2,790,140,000 for Procurement of
Ammunition, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ARMY NON-LETHAL CONDUCTIVE ELECTRICAL WEAPON UPGRADE
The Army currently is working to upgrade its existing
stocks of Conductive Electrical Weapons (CEWs), which are five
years past their recommended end-of-life date. Functionality is
critical at the moment personnel determine non-lethal force is
warranted, but currently deployed taser CEWs have an
unacceptably high risk of failing to operate when most needed,
which could necessitate an escalation to lethal force. The
Secretary of the Army is encouraged to proceed with the ongoing
qualification efforts. There is concern over the lack of any
published plan to immediately transition from qualification to
procurement and deployment. This raises a concern that the Army
will still be using outdated and unsupported CEW models even
after qualification occurs. Therefore, the Assistant Secretary
of the Army (Acquisition, Logistics and Technology) is directed
to submit a report to the congressional defense committees, not
later than 60 days after the enactment of this Act, detailing a
five-year upgrade plan for CEWs, including whether the Army has
considered the possible benefits of a continuous support and
upgrade plan.
OTHER PROCUREMENT, ARMY
The agreement provides $8,603,112,000 for Other
Procurement, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
FAMILY OF MEDIUM TACTICAL VEHICLES
The Program Executive Officer, Combat Support and Combat
Service Support (PEO CS&CSS) has engaged in open dialogue
regarding the transition of Family of Medium Tactical Vehicles
(FMTV) from A1P2 to A2 vehicle variants. The Secretary of the
Army is encouraged to continue pursuing the A2 variant. The
Army historically has reported a Minimum Sustaining Rate (MSR)
of one new vehicle per manufacturing day for the FMTV program
and has programmed funding accordingly; however, recently the
Army has acknowledged an actual MSR of three new vehicles per
day. Failing to adequately program FMTV funding at the actual
MSR risks negatively impacting the FMTV supply chain, which
risks the health of the program. Interruption of the program
would negatively impact Army readiness and modernization, erode
the industrial base capacity, and add cost due to production
breaks.
The agreement includes an additional $86,000,000 for the
FMTV program and the PEO CS&CSS is expected to program funding
at the MSR of three new vehicles per manufacturing day. The PEO
CS&CSS is further expected to reflect this revised FMTV MSR in
budget justification materials commencing with the fiscal year
2022 budget request. Due to concerns with the FMTV supply
chain, the Secretary of the Army is directed to provide a
briefing not later than 90 days after the enactment of this Act
to the congressional defense committees detailing its
acquisition and budget plan to support the MSR of three new
vehicles per manufacturing day through the remainder of the
current contract.
ARCTIC OVERLAND MOBILITY
The Secretary of the Army is encouraged to pursue equipment
and vehicles necessary for the Arctic and other cold weather
environments. As such, the agreement includes $8,250,000 above
the fiscal year 2021 President's budget request for the Family
of Cold Weather Vehicles to expedite planned procurement. In
addition to funding, not later than 60 days after the enactment
of this Act, the Assistant Secretary of the Army (Acquisition,
Logistics, and Technology) is directed to submit a report to
the congressional defense committees on Arctic overland
mobility capabilities. The report shall include a description
and assessment of current capabilities, requirements, and
operational challenges for cold weather tracked vehicles; an
assessment of the current family of cold weather all-terrain
vehicle program, together with a detailed justification of the
current procurement timeline for that program; and an
assessment of requirements for a joint program.
INTEGRATED VISUAL AUGMENTATION SYSTEM
The Army's efforts to modernize the force and maintain
squad level overmatch against peer competitors is commendable,
particularly the Army's iterative development approach. The
Integrated Visual Augmentation System (IVAS) program includes a
continual feedback cycle with industry and soldiers through
both instrumented test and qualitative measurements. The
agreement includes funding that will enable the start of
procurement in support of the Army's plans to provide equipment
to Close Combat Forces.
The IVAS program is pursuing an aggressive fielding
schedule to a large population of Close Combat Forces,
resulting in a significant low-rate initial production
procurement for an end-item that has not been operationally
tested using production representative units, or its
militarized form factor, as is planned for Soldier Touch Point
Four. While the technology represents a potential leap-ahead in
capability, it is essential that an appropriate amount of
operational testing, including use by soldiers in realistic
combat conditions with production representative units, inform
the Army's decision to move to large-scale procurement.
Therefore, the Program Executive Officer Soldier, in
coordination with the program manager for IVAS, is directed to
provide a briefing to the congressional defense committees, not
later than 60 days after conclusion of Soldier Touch Point
Four, to identify hardware and software design changes that
will be incorporated into the final form factor prior to
initiation of the first procurement lot.
Further, beginning with the fiscal year 2022 President's
budget request, the program manager for IVAS is directed to
provide the following information as cost elements within the
P-40 budget line item justification, P-5 cost analysis, and P-
5A procurement history and planning budget exhibits for IVAS:
heads up display, puck, conformal wearable battery, IVAS radio,
advance battery charger, and tactical cloud package. For each
item, quantity, unit cost, contract award schedule, and
manufacturer information should be provided. The program budget
briefings should include information about the size of the
force that will receive the hardware and software requested in
the budget year. The program manager is encouraged to provide
any additional information, including additional cost elements,
that will add clarity and specificity regarding overall
procurement within the multi-billion dollar investment.
AIRCRAFT PROCUREMENT, NAVY
The agreement provides $19,480,280,000 for Aircraft
Procurement, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
F/A-18 E/F SUPER HORNET PRODUCTION
The Navy has recently placed a focus on reducing the strike
fighter shortfall and improving the readiness of its tactical
aviation fleet. As such, the agreement includes support for the
F/A-18 E/F Super Hornet program and funds the request for 24
aircraft in fiscal year 2021. However, the agreement recognizes
that the elimination of the F/A-18 E/F aircraft from the future
years defense program results in a reduction of three years of
production and three squadrons of aircraft from the previously
planned future years defense program. The Navy's decision to
eliminate future production of F/A-18 E/F aircraft is premature
and requires further analysis. The Navy states that this
elimination of new aircraft is offset by the startup of the F/
A-18E/F Service Life Modification (SLM) program, which will
extend the life of the Super Hornet fleet and maintain tactical
aviation readiness. While this is somewhat true, the SLM
program is in its nascent stage and will take time to
contribute to fleet readiness levels. SLM also relies on a
production line of new Super Hornets for on-time parts and
production expertise. It is unclear if the Navy has assessed
the impact of eliminating new Super Hornets on SLM cost,
effectiveness, and the long-term cost of sustaining an
increasingly aging fleet.
The Secretary of the Navy is directed to submit a report to
the congressional defense committees not later than 45 days
after the enactment of this Act that provides an update on the
Navy's strike fighter shortfall projected over the next 20
years, the impact of these previously mentioned outyear
aircraft reductions on this shortfall, and an updated schedule
of inductions and deliveries of aircraft in the SLM program.
Further, the Director, Cost Assessment and Program Evaluation
is directed to provide a report to the congressional defense
committees not later than 45 days after the enactment of this
Act on the life-cycle cost assessment of aircraft inducted
through SLM and new aircraft, including procurement, personnel,
and cost-per-flight hour comparisons.
JOINT STRIKE FIGHTER SERVICE LIFE
The fiscal year 2021 President's budget request includes
$259,040,000 for F-35B and F-35C modifications. This is an
increase of $178,097,000 above the fiscal year 2020 enacted
level. The majority of this program increase is to support the
structural life limited parts (SLLP) program, which has a
future years defense program (FYDP) estimate of $1,447,588,000.
The increase was not projected in the fiscal year 2020
President's budget request, when the FYDP projection was
$283,881,000, which is $1,163,707,000 less than what is
reflected in fiscal year 2021.
The structural life limited parts program will be a
significant effort going forward. The F-35 program has
experienced increasing maturity and the Joint Program Office
has appropriately focused on the long-term sustainment costs of
all variants of the aircraft. With the significant investment
that has been made and will continue to be made into the
future, it is imperative that the service life of the aircraft
be adequately understood and any programmatic efforts to extend
the service life be fully detailed to the congressional defense
committees.
There is a concern by the lack of detail about the SLLP
program in the P-40, budget line item justification, and the P-
3a, individual modification, exhibits and the supporting budget
briefing materials. The budget materials should contain more
detail going forward, to include visibility into A kits, B
kits, installations, and support costs for SLLP-related
engineering change proposals.
The Assistant Secretary of the Navy (Research, Development
and Acquisition), in coordination with the Program Executive
Officer, F-35 Joint Program Office, is directed to provide, not
later than 30 days after the enactment of this Act, a briefing
to the congressional defense committees on the service life
extension efforts. The briefing shall include--by variant--
costs to date, the planned total investment in the effort,
service life of aircraft after investment is complete, and the
schedule for the effort. The briefing should also include
information about any cost-sharing between the Department of
Defense and the manufacturer.
WEAPONS PROCUREMENT, NAVY
The agreement provides $4,477,773,000 for Weapons
Procurement, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
The agreement provides $792,023,000 for Procurement of
Ammunition, Navy and Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SHIPBUILDING AND CONVERSION, NAVY
The agreement provides $23,268,880,000 for Shipbuilding and
Conversion, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
BUDGET JUSTIFICATION MATERIALS FOR SHIPBUILDING PROGRAMS
It is noted that Federal appropriations law requires that
the entire procurement cost of a weapon be funded in the fiscal
year in which the item is procured (``full funding policy'').
However, Congress has provided legislative exceptions to the
full funding policy for several shipbuilding programs that are
funded with fiscal year 2021 appropriations, including SSBNs
826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, and 837;
USS Enterprise (CVN 80) and USS Doris Miller (CVN 81); aircraft
carrier refueling and complex overhauls of USS George
Washington (CVN 73), USS John C. Stennis (CVN 74), and USS
Harry S. Truman (CVN 75); LPDs 31, 32, and 33; and LHA 9. The
legislative authorities for exceptions to the full funding
policy and appropriations for these programs were provided at
the request of the Navy with the understanding that these
exceptions would improve the Navy's purchasing power and
improve maritime capacity and capability, and that subsequent
budget submissions would fully reflect these acquisition and
funding strategies.
However, the Navy's budget justification materials for
incrementally funded shipbuilding programs have not been
updated to reflect exceptions to the full funding policy, and
the current P-5c, ``Ship Cost Activity'', P-8a, ``Analysis of
Ship Cost Estimates'', and P-35, ``Major Ship Component Fact
Sheet'', budget exhibits do not clearly explain or justify
funds identified on the P-40, ``Budget Line Item
Justification'', budget exhibit for the pending budget request.
It is further noted that the Navy's detailed budget
justification briefs also do not routinely contain such
information, nor is additional amplifying information provided
at the time of the budget submission, despite previous
congressional direction to do so. The House and Senate
Appropriations Committees do not believe that future Navy
budget requests can be supported absent improved budget
justification materials for incrementally funded shipbuilding
programs. Therefore, the Assistant Secretary of the Navy
(Financial Management and Comptroller), in consultation with
the Assistant Secretary of the Navy (Research, Development and
Acquisition), is directed to provide to the congressional
defense committees, not later than 30 days after the enactment
of this Act, templates for improved Navy budget justification
materials and budget justification briefs for all Navy
shipbuilding programs.
COLUMBIA CLASS SUBMARINES
The fiscal year 2021 President's budget request includes
$4,014,650,000 in Shipbuilding and Conversion, Navy for the
incrementally funded procurement of the first COLUMBIA Class
submarine (CLB) and for advance procurement (AP) of eleven
additional hulls of the COLUMBIA class. It is noted that
unprecedented acquisition and funding flexibilities have been
provided by the Congress for the acquisition of the CLB,
including authority to enter into economic order quantity
contracts in fiscal year 2016, authority to award contracts for
advance construction in fiscal year 2016, authority to award
contracts for continuous production in fiscal year 2017, the
expansion of such continuous production authority in fiscal
year 2018, incremental funding authority for advance
procurement in fiscal year 2016, authority for incremental full
funding of the first two CLB submarines in fiscal year 2021,
and sizeable additional appropriations to support the submarine
industrial base for both COLUMBIA and VIRGINIA Class
submarines.
Additionally, in fiscal year 2021, the Navy requested
three-year AP appropriations of nuclear propulsion equipment
components for the second CLB, which is believed to be an
unprecedented use of AP but is not objected to in this
agreement in this instance. However, the House and Senate
Appropriations Committees are concerned about the potential use
of such AP in the future. Therefore, the Assistant Secretary of
the Navy (Research, Development and Acquisition), in
consultation with the Assistant Secretary of the Navy
(Financial Manager and Comptroller) is directed to submit to
the congressional defense committees, with submission of the
President's fiscal year 2022 budget request, a certification of
the need for any three-year AP requested in fiscal year 2022,
as well as to provide a detailed execution update by component
of three-year AP appropriated in fiscal year 2021, to include
any deviations from information previously provided to the
congressional defense committees in support of the Navy's
three-year AP request for nuclear propulsion equipment in
fiscal year 2021.
It is noted that despite the significant legislative
support provided by the Congress for the CLB, challenges have
occurred in certain design, prototyping, and advance
construction efforts of the program. In particular, ongoing
missile tube issues have consumed the majority of the common
missile compartment schedule margin, thereby causing additional
risk to the ship construction schedule. It is further noted
that despite the Navy leadership's repeated statements that the
CLB is the Navy's top acquisition priority, the Navy's budgets
and acquisition plans do not reflect that. For instance, the
fiscal year 2021 budget request for the COLUMBIA class includes
$16,400,000 for the submarine industrial base, a decrease of
$129,000,000 from amounts appropriated for that purpose in
fiscal year 2020, despite repeated statements by Navy
leadership that the supplier industrial base presents the most
significant risk to the program. Further, the Navy continues to
inject risk into the CLB program by destabilizing the VIRGINIA
Class submarine program, as addressed elsewhere in this
explanatory statement. An additional $130,000,000 is
recommended to support the submarine industrial base. Further
erosion of performance of the CLB program would warrant a
review of the Department of Defense and Navy acquisition
enterprise as it relates to submarines.
VIRGINIA CLASS SUBMARINES
The fiscal year 2021 President's budget request includes
$4,235,880,000 for the procurement of a single VIRGINIA Class
submarine (VCS) as part of a nine-ship Block V multi-year
procurement (MYP) contract that was awarded in December 2019.
It is noted that this contract includes options for one
additional VCS in fiscal years 2021, 2022, or 2023. It is
further noted that the Block V contract award represents a
change to the Navy's acquisition strategy for Block V VCS from
fiscal years 2018 and 2019, when the Navy requested and was
authorized MYP authority for a ten-ship Block V VCS
acquisition.
The Navy's continued injection of programmatic,
acquisition, and fiscal uncertainty into the VCS program is
concerning because it likely will have detrimental effects on
the acquisition of the COLUMBIA Class. Therefore, the agreement
recommends an additional $2,568,000,000 to fully fund a tenth
VCS for the current MYP in fiscal year 2021. The Assistant
Secretary of the Navy (Research, Development and Acquisition)
is directed to provide an update to the congressional defense
committees on the Navy's submarine enterprise management and
acquisition plans, to include progress updates on VCS Block IV
performance and cost impacts, not later than with the fiscal
year 2022 President's budget request.
DDG-51 FLIGHT III ACQUISITION STRATEGY
It is noted that the current multi-year procurement (MYP)
contract for the DDG-51 Flight III destroyer ends in fiscal
year 2022 and that with the submission of the fiscal year 2021
President's budget request the Navy further delayed the
detailed design and construction schedule of the planned
follow-on program, the future Large Surface Combatant (LSC),
until no earlier than fiscal year 2026. It is further noted
that despite this delay to LSC, the Navy is planning to procure
only four DDG-51 Flight III destroyers from fiscal years 2023
to 2025, well below the current 2.4 DDG-51 destroyers per year
MYP acquisition, and that in each of the last two budget
submissions the Navy has reduced the procurement profile for
DDG-51 Flight III destroyers. This is inconsistent with
previously stated shipbuilding objectives, and the lack of a
predictable and stable acquisition strategy for large surface
combatants undercuts naval maritime superiority and injects
risk into the industrial base. The Assistant Secretary of the
Navy (Research, Development and Acquisition) is directed to
provide to the congressional defense committees, with
submission of the fiscal year 2022 President's budget request,
the Navy's fully funded strategy for large surface combatants.
The agreement recommends an additional $130,000,000 in advance
procurement only for an additional DDG-51 Flight III destroyer
in fiscal year 2022.
CONSTELLATION CLASS FRIGATE
The fiscal year 2021 President's budget request includes
$1,053,123,000 for the procurement of a second CONSTELLATION
Class Frigate (CCF). The detail design and construction
contract for FFG 62 (USS CONSTELLATION), the first ship of the
class, was awarded in April 2020, and the Navy plans a design
period of no less than 14 months prior to the start of
construction of FFG 62 in the fourth quarter of fiscal year
2022. It is noted that the Navy did not plan a gap year'
between construction of the first and second ships of the CCF
that would allow for potential design changes to be
incorporated into the build plan prior to the start of
construction of the second ship. Instead, the Navy plans to
exercise the contract option for the second CCF ship in fiscal
year 2021 prior to the conclusion of the Critical Design and
Production Readiness Reviews scheduled in fiscal year 2022, and
plans to start construction of the second ship in the first
quarter of fiscal year 2023.
Given the Navy's past challenges in managing costs and
schedule of lead ships of a class, it is believed that a high
percentage of design completion is necessary to ensure success
of this new shipbuilding program. For instance, it is noted
that the previous class of small surface combatants, with
arrangements for the two ship designs 60 percent and 34 percent
complete at the start of construction, respectively,
experienced cost growth in excess of 150 percent. By contrast,
arrangements are 100 percent complete and design disclosures
were over 80 percent complete prior to the start of
construction of the COLUMBIA Class submarine.
The Assistant Secretary of the Navy (Research, Development
and Acquisition) is directed to provide to the congressional
defense committees, not later than with the fiscal year 2022
President's budget request, quarterly planned and actual design
progress curves for technical requirements, arrangements,
design disclosures, and work instructions for the CCF leading
up to the start of construction of FFG 62. It is further
directed that no funds for construction of the second CCF may
be obligated until the Director, Cost Assessment and Program
Evaluation has provided the congressional defense committees an
updated cost assessment for the CCF based on the actual ship
award and design changes implemented since the previous
Independent Cost Estimate.
OTHER PROCUREMENT, NAVY
The agreement provides $10,512,209,000 for Other
Procurement, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MILITARY SPECIFICATIONS
In order to preserve and promote competition within the
industrial base, the Secretary of the Navy is encouraged to
include commercial-off-the-shelf products and technologies when
periodically updating military specifications for ship support
equipment and spare parts.
PROCUREMENT, MARINE CORPS
The agreement provides $2,648,375,000 for Procurement,
Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
AIRCRAFT PROCUREMENT, AIR FORCE
The agreement provides $19,212,753,000 for Aircraft
Procurement, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
C-130 FLEET MANAGEMENT PLAN AND MODERNIZATION ROADMAP
The Secretary of the Air Force is directed to submit a
report to the congressional defense committees, not later than
60 days after the submission of the fiscal year 2022 budget
request, which provides a C-130 fleet management plan and
modernization roadmap. The report shall include an analysis of
the theater and domestic airlift requirements of the National
Defense Strategy, the number of C-130 aircraft needed to
fulfill those requirements, justification for any planned or
proposed reduction in fleet size, and the extent to which these
requirements need to be refined by further study and analysis.
The report shall also provide, through the entire future years
defense program (FYDP), the current and projected C-130 total
active aerospace vehicle inventory and backup aerospace vehicle
inventory by unit and variant, including aircraft in attrition
reserve. Further, the report shall describe modernization and
recapitalization plans for C-130 aircraft through the FYDP,
along with funding requirements by appropriation and budget
line item. Finally, to the extent that the Air Force plans or
proposes to reduce aircraft inventory from fiscal year 2021
through the end of the fiscal year 2022 FYDP, the report shall
describe plans to modify proficiency training or deployment
requirements for affected units to account for planned or
proposed reduction in the number of aircraft assigned to those
units. This language replaces the language under the heading
``C-130 Fleet Management Plan'' in House Report 116-453.
LC-130H
The Secretary of the Air Force is directed to submit a
report to the congressional defense committees on LC-130H
aircraft not later than 90 days after the enactment of this
Act. The report shall include information on the age and
estimated service life of the aircraft, trends in operating
costs and mission capable rate, known sustainment and safety
problems, the benefits of both completed and planned aircraft
modifications, and an estimate of the cost of replacing these
aircraft with C-130Js, including the cost of the required
unique mission modifications. Further, the report shall be
submitted with comments from the Chief of the National Guard
Bureau to include, at minimum, an analysis of current LC-130H
fleet force structure and capabilities requirements and an
itemized list of unfunded recapitalization and modernization
requirements. This language replaces the language under the
heading ``LC-130H Aircraft'' in House Report 116-453.
MISSILE PROCUREMENT, AIR FORCE
The agreement provides $2,142,181,000 for Missile
Procurement, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF AMMUNITION, AIR FORCE
The agreement provides $550,844,000 for Procurement of
Ammunition, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OTHER PROCUREMENT, AIR FORCE
The agreement provides $23,441,648,000 for Other
Procurement, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT, SPACE FORCE
The agreement provides $2,310,994,000 for Procurement,
Space Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
NATIONAL SECURITY SPACE LAUNCH
The Secretary of Defense and the Director of National
Intelligence are directed to utilize the Space Force launch
enterprise for National Security Space Launch-class missions
unless the Secretary of Defense and, if appropriate, the
Director of National Intelligence certify to the congressional
defense and intelligence committees that an alternative launch
procurement approach for a designated mission is in the
national security interest and best financial interest of the
government and outline the cost analysis and any other
rationale for such a determination.
PROCUREMENT, DEFENSE-WIDE
The agreement provides $5,837,347,000 for Procurement,
Defense-Wide, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DEFENSE PRODUCTION ACT PURCHASES
The agreement provides $174,639,000 for Defense Production
Act Purchases, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
DEFENSE PRODUCTION ACT PURCHASES........ 181,931 174,639
Program increase--3D carbon hypersonic .............. 10,000
materials............................
Department of Defense identified .............. -17,292
excess funding.......................
Total, Defense Production Act 181,931 174,639
Purchases..........................
------------------------------------------------------------------------
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $107,135,164,000 in Title IV,
Research, Development, Test and Evaluation, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall be $10,000,000 for procurement and research,
development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified dollar
threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustments. Therefore, if the combined
value of transfers into or out of a procurement (P-1) or
research, development, test and evaluation (R-1) line exceeds
the identified threshold, the Secretary of Defense must submit
a prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST ITEMS
Items for which additional funds have been recommended or
items for which funding is specifically reduced as shown in the
project level tables detailing recommended adjustments or in
paragraphs using the phrase ``only for'' or ``only to'' in the
explanatory statement are congressional special interest items
for the purpose of the Base for Reprogramming (DD Form 1414).
Each of these items must be carried on the DD Form 1414 at the
stated amount, as specifically addressed elsewhere in the
explanatory statement.
SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS
The agreement includes a modified version of the new
general provision submitted with the fiscal year 2021
President's budget request for Software and Digital Technology
Pilot programs funded in a new Budget Activity Eight within the
Research, Development, Test and Evaluation accounts. The
agreement acknowledges the Department's rationale regarding the
incremental technical challenges posed by modern software
development, including implementing technical fixes to existing
code, addressing cyber vulnerabilities, and integrating
incrementally developed new capabilities. However, the
agreement modifies the general provision under the premise that
objective quantitative and qualitative evidence is needed to
evaluate potential expansion of the approved pilot programs.
Further, seeking additional flexibility in the execution of
appropriations should not be a solution to internal accounting
and guidance issues that challenge the Department's ability to
execute these programs. The agreement encourages the Secretary
of Defense to execute the recommended pilot programs through
fiscal years 2021 and 2022, while performing a detailed
analysis of the Department's accounting and financial
management process for such pilot programs as compared to
existing software and digital technology programs.
The Secretary of Defense is directed to submit a report to
the congressional defense committees, not later than 90 days
after the enactment of this Act, which details the Department's
assessment plan for each of the programs recommended in the
general provision. This report shall include, at a minimum:
quantitative and qualitative metrics; identification of eight
similar programs, with representations from each Service,
funded through traditional appropriation legislation to assess
concurrently for comparison; and a plan to assess each pilot
program against their own historical performance when funded
through traditional appropriation legislation. Following
submission of the assessment plan prescribed above, the
Secretary of Defense is directed to provide quarterly reports
on the status of each pilot program to the congressional
defense committees.
TRANSITION OF PROGRAMS FROM THE STRATEGIC CAPABILITIES OFFICE
The fiscal year 2021 President's budget request includes
$730,508,000 in Research, Development, Test and Evaluation,
Defense-Wide for programs managed and executed by the Strategic
Capabilities Office (SCO). The transition of several programs
from SCO to the Services is supported to the extent that they
address Service requirements. However, it is concerning that
for programs planned for transition from SCO to the Services,
detailed cost, schedule, and budget data are not routinely
included with budget justification materials submitted by
either SCO or the Services. Further, it is noted that SCO and
the Services frequently use different program names when
describing the same effort, which complicates the traceability
of programs and funding, and hampers congressional oversight.
Therefore, the Director, SCO, in coordination with the
Service acquisition executives, is directed to provide to the
congressional defense committees, with submission of the fiscal
year 2022 President's budget request, a matrix identifying SCO
programs with their SCO and respective transition partners'
detailed program schedules, and future years defense program
profiles by fiscal year, appropriation account, and program
element. Finally, the Secretary of Defense is directed to
continue to provide quarterly obligation and expenditure
reports for SCO by project to the congressional defense
committees.
MID-TIER ACQUISITION AND RAPID PROTOTYPING PROGRAMS
The fiscal year 2021 President's budget request includes
funding in the research, development, test and evaluation
appropriations accounts for Army, Navy, Air Force, Space Force,
and Defense-Wide for several new and ongoing acquisition
programs that use acquisition authorities and contracting
strategies provided in National Defense Authorization Acts for
rapid development, rapid prototyping, rapid acquisition,
accelerated acquisition, and mid-tier acquisition (``section
804'') of warfighter capabilities. The spectrum of programs
using these types of acquisition authorities ranges from small
programs that have already deployed prototypes, to programs
that by virtue of their scope and cost would otherwise be
subject to reporting requirements and acquisition regulations
applicable to traditional major acquisition category I
programs.
While supportive of efforts to deliver capability to the
warfighter in an accelerated manner, it is noted that under
current law, several reporting requirements that apply to
traditional acquisition programs, to include independent cost
estimates and test and evaluation master plans, are not
required for mid-tier acquisition and rapid prototyping
programs and to date have been provided only when specifically
directed by the House and Senate Appropriations Committees. As
the Department of Defense appears to increase its reliance on
such acquisition authorities, it is concerning that this
standard acquisition information is not being provided as a
matter of practice. Further, it is concerning that the
Services' growing trend toward procuring de facto operational
assets via prototyping acquisitions may limit the Services'
ability to successfully manage their acquisition programs in
the long-term by eliminating the full understanding of long-
term program costs up-front; unnecessarily narrowing down the
industrial base early in the acquisition process; and
eliminating opportunities for future innovation by reducing
competitive opportunities over the life of the acquisition.
Finally, there is concern that budgeting for these de facto
end-items incrementally with research and development
appropriations instead of fully funding them with procurement
appropriations obfuscates costs, and limits transparency and
visibility into Services' procurement efforts.
The Under Secretaries of Defense (Research and Engineering)
and (Acquisition and Sustainment), as well as the Service
acquisition executives are directed to provide to the
congressional defense committees, with submission of the fiscal
year 2022 President's budget request, a complete list of
approved acquisition programs--and programs pending approval in
fiscal year 2022--utilizing prototyping or accelerated
acquisition authorities, along with the rationale for each
selected acquisition strategy, as well as a cost estimate and
contracting strategy for each such program. Further, the Under
Secretary of Defense (Comptroller) and the respective Financial
Manager and Comptrollers for the Army, Navy, and Air Force are
directed to certify full funding of the acquisition strategies
for each of these programs in the fiscal year 2022 President's
budget request, including their test strategies; and the
Director, Operational Test and Evaluation is directed to
certify to the congressional defense committees the
appropriateness of the Services' planned test strategies for
such programs, to include a risk assessment. To the extent that
the respective Service acquisition executives, Service
financial manager and comptrollers, and Director, Operational
Test and Evaluation provided the information requested above
with submission of the fiscal year 2021 President's budget, any
variations thereto should be included with the fiscal year 2022
submission. In addition, the Services' financial manager and
comptrollers are directed to identify the full costs for
prototyping units by individual item in the budget exhibits for
research, development, test and evaluation appropriations for
the budget year as well as the future years defense program.
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS
Section 8025(e) of the Department of Defense
Appropriations Act, 2020 directed the Secretary of Defense to
submit, with the submission of the fiscal year 2021 budget
request, a report presenting the specific amounts of staff
years of technical effort to be allocated for each Defense
Federally Funded Research and Development Center (FFRDC) during
that fiscal year, and the associated budget estimates. It is
noted that this annually recurring reporting requirement
assists the House and Senate Appropriations Committees in their
budget review for Defense FFRDCs and that timely and complete
submittal is expected. It is further noted that in fiscal year
2020, the Under Secretary of Defense (Research & Engineering)
adjusted the allocation of staff-years of technical effort
(STE) contrary to congressional intent expressed in section
8025. Therefore, section 8026 of this agreement further
specifies the allocation of STE for studies and analyses FFRDCs
for fiscal year 2021.
The Under Secretary of Defense (Research and Engineering)
is directed to submit a report to the congressional defense
committees, not later than 180 days after the enactment of this
Act, describing the methodology and criteria used to assess
each Defense FFRDC funded by this Act, the definition of their
respective core competencies, and what, if any, adjustments are
recommended for fiscal years 2022 and 2023. In addition, the
Under Secretary of Defense (Research and Engineering) is
directed to inform the congressional defense committees of any
potentially required changes to Department of Defense
Instruction 5000.77 not less than 45 days prior to the
implementation of any such change.
In addition, the agreement directs the Comptroller General
to provide to the congressional defense committees, not later
than 180 days after the enactment of this Act, a report that
includes a detailed listing of all FFRDCs funded by this Act;
the name of the primary sponsoring organization for each FFRDC;
the period of performance (including contract options) for each
FFRDC contract, to include contract scope, contract ceiling,
amount of STE allocated, and, if not competed, justification
for sole source contract actions.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
The agreement provides $13,969,032,000 for Research,
Development, Test and Evaluation, Army, as follows:
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COUNTER-UNMANNED AERIAL SYSTEMS
The agreement notes that the Department of the Army has
been designated as the executive agent for the Joint Counter-
Unmanned Aerial Systems (C-UAS) office, assuming responsibility
for the development of enduring joint solutions to address the
C-UAS threat. The agreement directs the Secretary of the Army
to provide a report to the congressional defense committees,
not later than 120 days after the enactment of this Act, that
details the Army's management plan and assessment of C-UAS
requirements. This report shall include, but is not limited to,
a list of validated requirements; a detailed list of related
acquisition programs across the Department of Defense;
resourcing requirements; research and development priorities;
an assessment of the need for a C-UAS center of excellence; and
the organization, structure, and responsibilities of the Joint
C-UAS office.
HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM
The agreement notes that responsibility for the High
Performance Computing Modernization Program (HPCMP) was
transferred to the Army in fiscal year 2012 with a requested
funding level of $183,150,000. Almost a decade later, the
fiscal year 2021 President's budget request includes only
$188,024,000 for HPCMP. This level of investment is
significantly less than if annual inflationary adjustments were
applied to the program, even without program growth.
Originally focused on support to science and technology
efforts, HPCMP now supports an expansive and ever-growing set
of competencies, including digital engineering, virtual
prototyping, and virtual testing. Therefore, the agreement
directs the Secretary of Defense, in consultation with the
Secretary of the Army, to perform a full review of the HPCMP
program that includes, but is not limited to, an historical
assessment of the HPCMP mission and requirements; an analysis
of historical investment levels compared to the full
requirement; a determination of the adequacy of historical
investment; the suitability of the current organizational
structure within the Department; and a modernization strategy.
The Secretary of Defense is directed to submit the findings in
a report to the congressional defense committees not later than
120 days after the enactment of this Act.
SOLDIER ENHANCEMENT PROGRAM
The fiscal year 2021 President's budget request eliminates
the Soldier Enhancement Program. Since its establishment by
Congress in 1990, the program has served a unique and critical
function in enabling the accelerated evaluation and procurement
of off-the-shelf items that have the potential to substantially
improve weapons and support equipment focused on critical
warfighting functional areas of fires mission command, movement
and maneuver, sustainability, and protection. The Soldier
Enhancement Program is a low risk, low cost, high payoff
investment that has demonstrated consistent success in close
collaboration with industry to address mission-critical and
training-critical soldier needs in a timely and cost-effective
manner. Additionally, there have not been obvious changes in
operational or threat environments that would obviate the
ongoing need for this successful and critical capability.
Therefore, the agreement directs the Secretary of the Army to
preserve the Soldier Enhancement Program within the Program
Executive Office Soldier and expects the Secretary of the Army
to ensure that the program is fully funded in the fiscal year
2022 budget request.
EMERGING TECHNOLOGY INITIATIVES
The agreement supports the Army's Advanced Concepts
program, managed by the Rapid Capabilities and Critical
Technologies Office, in its pursuit of experimental prototyping
and demonstration of selected technology through non-
traditional engagements with industry by employing what it
calls ``innovation days.'' These types of direct engagements
with industry are critical in identifying promising
technologies and solutions to capability gaps that would
otherwise fall outside of traditional acquisition programs. The
ability to be agile with resourcing these smaller prototyping
efforts is crucial to the success of the program and does not
lend itself to traditional itemized accounting in budget
exhibits, as individual programs may be undefined at the time
of the annual President's budget submission. Therefore, the
agreement recommends $23,000,000, as requested in the budget
submission, for the Army's Advanced Concepts program. Further,
beginning with the second quarter of fiscal year 2021, the
agreement directs the Director, Hypersonics, Directed Energy,
Space and Rapid Acquisition to provide quarterly execution
updates to the House and Senate Appropriations Committees not
later than 30 days after the end of each fiscal quarter. This
report shall include, but is not limited to, a schedule of
innovation days for the current fiscal year, a list of active
projects selected for funding, a narrative description of each
project, obligation and expenditure data for each project, and
metrics to determine success of selected projects.
ALTERNATIVE NAVIGATION SYSTEMS
The agreement notes that operational requirements for
assured position, navigation, and timing alternative navigation
(ALT NAV) systems are increasing rapidly as the Army looks to
compete in a Global Positioning System denied or challenged
environment. These requirements are at risk of outpacing
Service investments in the area. The Secretary of the Army is
encouraged to ensure that sufficient resources are in place
through the budget process and in execution of current year
resources, to develop and field ALT NAV capabilities and the
necessary broadcast service to enable such capabilities.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
The agreement provides $20,078,829,000 for Research,
Development, Test and Evaluation, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SMALL BUSINESS INNOVATION RESEARCH PROGRAM
The Small Business Innovation Research Program (SBIR) is
designed to attract small technology companies to participate
in federally sponsored research and development in order to
enable advances in innovative technology disruption. It is
noted that despite significant investment and acquisition
preference for SBIR companies, there are few signs of creative
disruptions, and it is further noted that the failure of the
Department of Defense to capitalize on SBIR investments and
incorporate disruptive innovation is demonstrated by the
repeated failure of the Navy to sufficiently resource the
Automated Test and Retest (ATRT) program, which has produced
transformative technology, including the ATRT/AEGIS Virtual
Twin. The agreement includes a total of $34,797,000 for the
ATRT program. Additionally, the Secretary of the Navy is
directed to adhere to SBIR law and use SBIR awardees to the
greatest extent practicable thus allowing and assisting SBIR
awardees to commercialize technologies related to those
developed under SBIR Phase I, II, and III awards.
OFFICE OF NAVAL RESEARCH BUDGET STRUCTURE AND BUDGET JUSTIFICATION
MATERIALS
Previously stated direction contained in Senate Report 116-
103 regarding the program element structure for Navy science
and technology projects is reiterated in this agreement.
Further, it is noted that acquisition-type prototyping efforts
managed by the Office of Naval Research (ONR) require
additional oversight, fiscal clarity, and adherence to
financial management practices in order to avoid the schedule
and cost growth seen, for instance, in the Solid State Laser-
Technology Maturation program. Finally, concerns remain with
the lack of timely transmission, as well as the format, of
classified project and budget details for ONR efforts. The
Assistant Secretary of the Navy (Financial Management and
Comptroller) and the Chief, Naval Research, are directed, not
later than 30 days after the enactment of this Act, to present
a plan to the congressional defense committees to ensure that
ONR's classified project-specific information, required by the
congressional defense committees for their budget review, be
provided concurrent with submission of the President's budget
in the appropriate format.
MARINE CORPS FORCE DESIGN INITIATIVES
Shortly after submission of the fiscal year 2021
President's budget request, the Commandant of the Marine Corps
released ``Force Design 2030,'' followed by the submission to
Congress of an above threshold reprogramming request to
accelerate certain technology development efforts in support of
Force Design efforts. This reprogramming request was approved
by all four congressional defense committees, and additional
appropriations are recommended in fiscal year 2021 to continue
this acceleration. It is expected that these programs will be
fully funded in the fiscal year 2022 President's budget
request.
Further, the fiscal year 2021 President's budget request
includes several acquisition programs that support the
Commandant's Force Design, including the Ground-Based Anti-Ship
Missile, Long Range Fires, Organic Precision Fires, and the
Long-Range Unmanned Surface Vessel programs. There is concern
that the Marine Corps is overly dependent on prototyping and
mid-tier acquisition fielding authorities for developing these
programs. Therefore, the Assistant Secretary of the Navy
(Research, Development and Acquisition) is directed to review
the Marine Corps' acquisition strategies for these and other
programs related to Force Design, and to certify their
appropriate use to the congressional defense committees not
later than with the submission of the fiscal year 2022
President's budget request.
FUTURE SURFACE COMBATANT FORCE
The fiscal year 2021 President's budget request includes
$46,453,000 in program element 0603564N for requirements
development, prototyping, and preliminary contract design of a
new Large Surface Combatant (LSC) class to succeed the current
DDG-51 Flight III destroyer. Additionally, $19,020,000 is
included in program element 0603563N for requirements and
concept analysis of an LSC. Despite repeated delays to the LSC
program, the Navy has reduced the acquisition profile for DDG-
51 Flight III destroyers in recent budget submissions, and has
not delineated a clear acquisition path for large surface
combatants following the conclusion of the current DDG-51
Flight III destroyer multi-year procurement contract in fiscal
year 2022. Absent a clear understanding of future Navy LSC
force structure requirements and acquisition strategies, the
proposed increase in funding for LSC, to include $17,100,000 in
preliminary design efforts, is not supported.
Further, it is noted that information provided by the Navy
in response to Senate Report 116-103 regarding the Navy's
Surface Capability Evolution Plan (SCEP) was incomplete. The
Assistant Secretary of the Navy (Research, Development and
Acquisition) is directed to provide to the congressional
defense committees, with the fiscal year 2022 President's
budget request, the updated acquisition strategies for each
element of the Navy's SCEP, as previously requested, and the
Assistant Secretary of the Navy (Financial Management and
Comptroller) is directed to provide, with the fiscal year 2022
President's budget request, updated cost estimates for each
element of the SCEP, and to certify full funding in the budget
request for each respective acquisition strategy of the SCEP
elements.
AEGIS BASELINES BUDGET ESTIMATES
As previously expressed in Senate Report 116-103, concerns
remain with the lack of stability in scope and costs of AEGIS
baselines from one budget submission to the next and the lack
of associated details in budget justification materials. The
Department of the Navy Program Executive Officer, Integrated
Warfare Systems, and the Missile Defense Agency Program
Executive, Sea-Based Weapons Systems, are directed to provide
to the congressional defense committees, not later than 30 days
after the enactment of this Act, a joint acquisition baseline
for AEGIS development efforts.
CH-53K SYSTEM DEMONSTRATION TEST ARTICLE AIRCRAFT
The Assistant Secretary of the Navy (Research, Development
and Acquisition) and the Assistant Secretary of the Navy
(Financial Management and Comptroller) are directed to continue
to comply with the direction contained in Senate Report 116-103
regarding System Demonstration Test Article aircraft for the
CH-53K program.
NAVAL EXPEDITIONARY SUSTAINMENT AND REPAIR
The agreement recognizes the value of aligning technology-
based solutions with expeditionary shipboard sustainment and
repair concepts of operations to improve warship resiliency,
lethality, and availability. The Secretary of the Navy is urged
to continue investment in these areas.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
The agreement provides $36,357,443,000 for Research,
Development, Test and Evaluation, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
LOW-COST ATTRITABLE AIRCRAFT TECHNOLOGY AND SKYBORG
The agreement includes an additional $50,000,000 above the
fiscal year 2021 request to conduct prototyping necessary to
transition the Low-Cost Attritable Aircraft Technology (LCAAT)
demonstrator aircraft system into a fully operational
capability, along with other associated LCAAT and Skyborg
efforts. The Secretary of the Air Force is directed to submit
to the congressional defense committees, not later than 90 days
after the enactment of this Act, a spend plan for this
additional funding as well as funding for LCAAT and Skyborg
efforts in the underlying fiscal year 2021 budget request. This
language replaces the language under the heading ``Skyborg and
Low-Cost Attritable Aircraft Technology'' in House Report 116-
453.
PROGRAM ELEMENT CONSOLIDATION
The agreement rejects the Air Force proposal to consolidate
multiple program elements into a few larger program elements
that would provide unprecedented programmatic and fiscal
flexibility and recommends retaining the existing program
element budget structure. The agreement supports the creation
of the Future Air Force Integrated Technology Demonstration
program element as it provides clarity and transparency for the
Air Force Vanguard programs. The Assistant Secretary of the Air
Force (Financial Management and Comptroller) is directed to
follow this budget structure in future budget submissions until
changes are agreed to by the House and Senate Appropriations
Committees.
ACQUISITION WORKFORCE
The Secretary of the Air Force is directed to include, with
the submission of the fiscal year 2022 President's budget
request, the following data for each Research, Development,
Test and Evaluation, Air Force line item that contains civilian
pay: the number of civilian full time equivalents, total
compensation and benefits, and average salary. For each type of
data, the Secretary of the Air Force is also directed to
include the actual amounts for the previous fiscal year, the
enacted amounts for the current fiscal year, and the requested
amount in the fiscal year 2022 President's budget request.
ADVANCED BATTLE MANAGEMENT SYSTEM
The agreement includes $158,782,000 for Advanced Battle
Management System (ABMS) to allow for continued program
progress. The Assistant Secretary of the Air Force
(Acquisition, Technology and Logistics) is directed to provide,
with the fiscal year 2022 President's budget request, the ABMS
acquisition strategy; in addition, the Assistant Secretary of
the Air Force (Financial Management and Comptroller) is
directed to certify that the fiscal year 2022 President's
budget fully funds this acquisition strategy.
Further, with the submission of the fiscal year 2022 budget
request, the Secretary of the Air Force is directed to submit a
report summarizing all related programs in communications,
battle management command and control, and sensors that fall
within the ABMS umbrella across the future years defense
program. The report should reference program element funding
lines and clearly link all activities with funding lines in the
fiscal year 2022 budget justification documents. It should also
clearly articulate all phase one efforts, including initial
operational capability timelines, the status of related legacy
activities, and linkages to classified activities. This report
may be submitted with a classified annex if necessary.
GROUND BASED STRATEGIC DETERRENT
As part of its fiscal year 2021 President's budget request,
the Air Force provided a legislative proposal to carry out
construction activities associated with the recapitalization of
the Nation's ground based nuclear missile systems. The
legislative proposal for the Ground Based Strategic Deterrent
program, as envisioned, would allow for the use of research,
development, test and evaluation funding for planning and
design activities and would utilize procurement funding in lieu
of military construction funding to replace both the existing
launch control and launch facilities.
While there could be schedule risks in using a traditional
military construction approach, the legislative proposal is not
the only option. The agreement supports efforts to group
projects whether by installation, air wing, or other grouping
and expects the Air Force to designate a way forward for ease
of management and execution. The agreement also supports
efforts to utilize an approach where the single prime vendor
may be designated to execute military construction projects in
coordination with the Army Corps of Engineers. Due to the scale
of this endeavor and the importance of maintaining nuclear
deterrence, the Secretary of the Air Force is directed to
designate a senior leader to plan, coordinate, and execute the
military construction, research, development, test and
evaluation, and procurement functions with the ability to
impact each appropriation as required. Finally, the Secretary
of the Air Force is directed to submit to the House and Senate
Appropriations Committees, not later than 180 days after the
enactment of this Act, a detailed report outlining the
replacement plan for the launch control and launch facilities
while maintaining the required readiness posture.
USE OF RESEARCH, DEVELOPMENT, TEST AND EVALUATION APPROPRIATIONS
The fiscal year 2021 President's budget request includes
$15,000,000 in Research, Development, Test and Evaluation, Air
Force funding to be used as planning and design for
construction associated with the Ground Based Strategic
Deterrent program. The agreement does not support this use of
research and development funds, nor the associated legislative
proposals, and reduces the budget request accordingly. Further,
the agreement directs that none of the funds appropriated in
this Act for research, development, test and evaluation may be
used for military construction activities, unless expressly
allowed in this Act.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, SPACE FORCE
The agreement provides $10,540,069,000 for Research,
Development, Test and Evaluation, Space Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
EVOLVED STRATEGIC SATCOM
The agreement notes concerns about changes to the Evolved
Strategic SATCOM (ESS) acquisition plan and directs the
Secretary of the Air Force to provide to the congressional
defense committees, not later than 120 days after the enactment
of this Act, an assessment of the potential for a strategic
communications gap beginning in 2030. The assessment shall
include a detailed explanation of the ESS acquisition plan,
functional availability analysis, consideration of the
potential strategic communication needs of other programs such
as Next Generation Overhead Persistent Infrared, new ESS
program cost estimates, and if necessary, gap mitigation
strategies.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
The agreement provides $25,932,671,000 for Research,
Development, Test and Evaluation, Defense-Wide, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MOBILE MICROREACTOR STRATEGY
The agreement supports efforts by the Department of Defense
to explore new methods of power production for use in
operational needs, future weapon systems, force protection,
asset protection, and humanitarian and disaster response. The
recommendation provides $70,000,000 to support the development
of a prototype mobile microreactor and $10,000,000 to support
the production of fuel for the prototype.
The agreement notes, however, that the Department has not
established an executive agent to direct the microreactor
program and has not secured fuel stocks. Therefore, the Under
Secretary of Defense (Research and Engineering) is directed to
submit a report to the congressional defense committees not
later than 30 days after the enactment of this Act, on the
Department's plans for the mobile microreactor program. The
report shall address whether the Department has identified an
executive agent for mobile energy; plans to include mobile
energy solutions, such as microreactors, in force modernization
initiatives; the strategy for deploying microreactors,
including site identification processes, fielding, personnel
training, and deployment timelines; the procurement strategy to
acquire feed material for microreactors; the plan to identify
and use existing authorities to provide appropriate
indemnities; and the status of pilot programs for
microreactors, including suitable locations for pilot
activities.
ARTIFICIAL INTELLIGENCE COORDINATION
The agreement supports the artificial intelligence
activities of the Department of Defense which are intended to
improve the affordability and effectiveness of military
operations. The agreement is concerned, however, about a lack
of coordination among the myriad of artificial intelligence
programs within the Department and the military Services.
Therefore, the Director of the Joint Artificial Intelligence
Center is directed to provide the congressional defense
committees, not later than 120 days after the enactment of this
Act, an inventory of all artificial intelligence activities to
include each program's appropriation, project, and line number;
the current and future years defense program funding; the
identification of academic or industry mission partners, if
applicable; and any planned transition partners.
ARSENAL SUPPLY CHAIN SECURITY PROOF OF CONCEPT
The agreement provides $3,500,000 and directs the Under
Secretary of Defense (Research and Engineering) to utilize
these funds to provide cybersecurity resources and to address
cybersecurity challenges and digital modernization efforts at
Army arsenals through partnerships with digital manufacturing
institute efforts. This language replaces the language under
the heading ``Arsenal Security'' in House Report 116-453.
DEFENSE ADVANCED RESEARCH PROJECTS AGENCY SMALL BUSINESS SET ASIDE
APPLICATION
The agreement notes challenges posed to the effective
analysis of the budget of the Defense Advanced Research
Projects Agency (DARPA) due to practices within the agency of
balancing the Small Business Innovation Research set asides
across the DARPA portfolio based on program execution rather
than proportionally from each program element. Such practices
are not permitted. The agreement reminds the Director of DARPA,
and all defense agencies, that section 8052 of this Act
requires that ``the Small Business Innovation Research program
and the Small Business Technology Transfer program set asides
shall be taken proportionally from all programs, projects, or
activities to the extent they contribute to the extramural
budget.'' Proportional application of the set aside aids
congressional budget oversight by ensuring accurate visibility
into under executing programs and program element requirements.
The agreement expects these requirements to be followed by all
elements of the Department of Defense.
OPERATIONAL TEST AND EVALUATION, DEFENSE
The agreement provides $257,120,000 for Operational Test
and Evaluation, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
OPERATIONAL TEST AND EVALUATION............... 100,021 100,021
LIVE FIRE TESTING............................. 70,933 70,933
OPERATIONAL TEST ACTIVITIES AND ANALYSIS...... 39,136 86,166
Program increase--DWR joint test and ........... 22,030
evaluation program restoral................
Program increase--mid-tier acquisitions/ ........... 25,000
rapid prototyping oversight................
-------------------------
Total, Operational Test & Evaluation, 210,090 257,120
Defense..................................
------------------------------------------------------------------------
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The agreement provides $1,473,910,000 in Title V, Revolving
and Management Funds.
DEFENSE WORKING CAPITAL FUNDS
The agreement provides $1,473,910,000 for Defense Working
Capital Funds, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY.................... 56,717 181,717
Industrial Operations....................... 32,551 157,551
Program increase--Arsenals Initiative..... ........... 125,000
Supply Management........................... 24,166 24,166
WORKING CAPITAL FUND, AIR FORCE............... 95,712 95,712
Supplies and Materials...................... 95,712 95,712
WORKING CAPITAL FUND, DEFENSE-WIDE............ 49,821 49,821
DEFENSE WORKING CAPITAL FUND, DECA............ 1,146,660 1,146,660
-------------------------
Total, Defense Working Capital Funds...... 1,348,910 1,473,910
------------------------------------------------------------------------
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The agreement provides $36,024,275,000 in Title VI, Other
Department of Defense Programs, as follows:
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DEFENSE HEALTH PROGRAM
The agreement provides $33,684,607,000 for the Defense
Health Program, as follows:
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REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The agreement directs that the In-House Care and Private
Sector Care budget sub-activities remain designated as
congressional special interest items. Any transfer of funds
into or out of these sub-activities requires the Secretary of
Defense to follow prior approval reprogramming procedures. The
Secretary of Defense is further directed to provide a report to
the congressional defense committees not later than 30 days
after the enactment of this Act that delineates transfers of
funds and the dates any transfers occurred from the Private
Sector Care budget sub-activity to any other budget sub-
activity in fiscal year 2020.
The Assistant Secretary of Defense (Health Affairs) is
directed to provide quarterly reports and briefings to the
congressional defense committees on budget execution data for
all of the Defense Health Program budget activities not later
than 30 days after the end of each fiscal quarter and to
adequately reflect changes to the budget activities requested
by the Services in future budget submissions.
CARRYOVER
The agreement provides one percent carryover authority for
the operation and maintenance account of the Defense Health
Program. The Assistant Secretary of Defense (Health Affairs) is
directed to submit a detailed spending plan for any fiscal year
2020 designated carryover funds to the congressional defense
committees not less than 30 days prior to executing the
carryover funds.
PEER-REVIEWED CANCER RESEARCH PROGRAM
The agreement provides $115,000,000 for the peer-reviewed
cancer research program to research cancers not addressed in
the breast, pancreatic, prostate, ovarian, kidney, lung,
melanoma, and rare cancer research programs.
The funds provided in the peer-reviewed cancer research
program are directed to be used to conduct research in the
following areas: cancers associated with the use of beryllium;
bladder cancer; blood cancers; brain cancer; colorectal cancer;
endometrial cancer; esophageal cancer; germ cell cancers; head
and neck cancer; liver cancer; lymphoma; mesothelioma;
metastatic cancers; neuroblastoma; pediatric brain tumors;
pediatric, adolescent, and young adult cancers; sarcoma;
stomach cancer; thyroid cancer, and the link between
scleroderma and cancer. The peer-reviewed cancer research
program shall be used only for the purposes listed above. The
inclusion of the individual rare cancer research program shall
not prohibit the peer-reviewed cancer research program from
funding the above-mentioned cancers or cancer subtypes that may
be rare by definition.
The report directed under this heading in House Report 116-
453 is still required to be provided not later than 12 months
after the enactment of this Act.
PEER-REVIEWED MEDICAL RESEARCH PROGRAM
The agreement provides $370,000,000 for a peer-reviewed
medical research program. The Secretary of Defense, in
conjunction with the Service Surgeons General, is directed to
select medical research projects of clear scientific merit and
direct relevance to military health. Research areas considered
under this funding are restricted to: arthritis, burn pit
exposure, cardiomyopathy, congenital heart disease, diabetes,
dystonia,eating disorders, emerging viral diseases,
endometriosis, epidermolysis bullosa, familial hypercholesterolemia,
fibrous dysplasia, focal segmental glomerulosclerosis, food allergies,
Fragile X, frontotemporal degeneration, hemorrhage control, hepatitis
B, hydrocephalus, hypertension, inflammatory bowel diseases, malaria,
metals toxicology, mitochondrial disease, myalgic encephalomyelitis/
chronic fatigue syndrome, myotonic dystrophy, non-opioid therapy for
pain management, nutrition optimization, pathogen-inactivated blood
products, peripheral neuropathy, plant-based vaccines, platelet like
cell production, polycystic kidney disease, pressure ulcers, pulmonary
fibrosis, respiratory health, rheumatoid arthritis, sleep disorders and
restriction, suicide prevention, sustained release drug delivery,
vascular malformations, and women's heart disease. The additional
funding provided under the peer-reviewed medical research program shall
be devoted only to the purposes listed above.
ELECTRONIC HEALTH RECORDS
The agreement directs the Secretary of Defense to provide a
report to the congressional defense committees not later than
90 days after the enactment of this Act on the status of the
installation of all remaining information technology and
related infrastructure required to complete the deployment of
the electronic health record system, including the timeline to
complete installation, and costs associated if the Department
accelerated the deployment timeline.
The agreement directs the Comptroller General to continue
quarterly performance reviews of the deployment of MHS GENESIS
with a focus on whether the program is meeting expected cost,
schedule, scope, quality, and risk mitigation expectations. It
is expected that the Program Executive Officer, Defense
Healthcare Management Systems (PEO DHMS) will facilitate
quarterly performance reviews by providing the Comptroller
General with regular and in-depth access to the program.
The agreement directs the Director, Operational Test and
Evaluation to conduct an evaluation of change management
strategies and training programs related to the deployment of
MHS GENESIS and to provide a briefing to the House and Senate
Appropriations Committees not later than 90 days after the
enactment of this Act on related findings and recommendations
for improvement.
The agreement directs the PEO DHMS to provide monthly
reports not later than 15 days after the end of each month to
the congressional defense committees on the status of all open
incident reports, as well as the 46 high priority incident
reports, in order to better track the progress of resolving the
issues identified in the initial deployment of MHS GENESIS. The
PEO DHMS, in conjunction with the Director of the Interagency
Program Office and the Director of the Defense Health Agency,
is directed to provide quarterly reports not later than 30 days
after the end of each fiscal quarter to the congressional
defense committees and the Government Accountability Office on
the cost of the program, including indirect costs being funded
outside of the DHMS Modernization Electronic Health Record
program; and schedule of the program, to include milestones,
knowledge points, and acquisition timelines, as well as
quarterly obligation reports.
The Director of the Interagency Program Office is directed
to provide quarterly reports to the House and Senate
Appropriations Committees, Subcommittees on Defense and
Military Construction, Veterans Affairs, and Related Agencies
on the progress of interoperability between the two
Departments.
CONGRESSIONALLY DIRECTED MEDICAL RESEARCH PROGRAMS
The agreement directs the Comptroller General to conduct a
comprehensive review of the Congressionally Directed Medical
Research Programs that includes the program's ability to
execute annual appropriations; measure its return on research
investment; and analyze its research coordination with the
National Institute of Health and the Department of Veterans
Affairs. The agreement directs the Comptroller General to brief
the House and Senate Appropriations Committees on its
preliminary findings not later than 180 days after the
enactment of this Act and to provide a full report to the same
Committees at a date agreed upon at that time of the
preliminary briefing.
RESTRUCTURING MILITARY TREATMENT FACILITIES
The agreement directs the Assistant Secretary of Defense
(Health Affairs), in coordination with the Director of the
Defense Health Agency and the Service Surgeons General, to
submit to the congressional defense committees an
implementation plan prior to the obligation of funds in fiscal
year 2021 to close or restructure any military treatment
facilities. The plan shall include detailed impacts to medical
manpower; updated information and analysis on the accessibility
and quality of nearby civilian health-care providers; military
readiness; cost-effectiveness, including reimbursement rates
for TRICARE; and an assessment of Government Accountability
Office recommendations for future transitions.
MILITARY TREATMENT FACILITY TRANSITION
The Comptroller General is directed to provide the
congressional defense committees a report not later than 90
days after the enactment of this Act on the status of the
transition of military treatment facilities (MTF) to the
Defense Health Agency (DHA). The report shall include a review
of functions at facilities that have already transitioned,
including DHA's role or management and the administration
support that the Services are providing and a timeline for that
support to cease; cost implications of the transition,
including the Department's plan for maximizing efficiencies and
reducing duplication; the current and planned DHA staffing
model; and how the DHA will ensure that the Services' medical
requirements are considered and met. The agreement also directs
the Assistant Secretary of Defense (Health Affairs) to continue
to provide any updates regarding the MTF transition directly to
the congressional defense committees in a timely manner in
order to facilitate appropriate congressional oversight.
FACILITIES SUSTAINMENT, RESTORATION AND MODERNIZATION
The Director of the Defense Health Agency, in coordination
with the Secretary of Defense (Health Affairs) and the Service
Surgeons General, is directed to submit to the congressional
defense subcommittees not later than 180 days after the
enactment of this Act, a comprehensive plan to address the
defense medical facilities sustainment, restoration and
modernization unfunded requirements and recommendations
detailed in the Department of Defense Inspector General audit
report.
JOINT WARFIGHTER MEDICAL RESEARCH PROGRAM
The Assistant Secretary of Defense (Health Affairs) is
directed to submit a report, not later than 12 months after the
enactment of this Act, to the congressional defense committees
that lists the projects that receive funding under the Joint
Warfighter Medical Research Program. The report shall include
the funding amount awarded to each project, a thorough
description of each project's research, and the benefit the
research will provide to the Department of Defense.
TRAUMATIC BRAIN INJURY/PSYCHOLOGICAL HEALTH
The Assistant Secretary of Defense (Health Affairs) is
directed to submit a report to the congressional defense
committees not later than 18 months after the enactment of this
Act on expenditure and obligation data of additional funding
added by Congress for psychological health and traumatic brain
injury.
ORTHOTICS AND PROSTHETICS OUTCOMES RESEARCH
The Assistant Secretary of Defense (Health Affairs) is
directed to provide a report, not later than 18 months after
the enactment of this Act, to the congressional defense
committees on the peer-reviewed projects that receive funding
under the Orthotics and Prosthetics Outcomes research funding
line. The report shall include the funding amount awarded to
each project and the anticipated effect on patient care.
CHRONIC PAIN MANAGEMENT RESEARCH
The funds provided in the chronic pain management research
program shall be used to conduct research on the effects of
using prescription opioids to manage chronic pain and for
researching alternatives, namely non-opioid or non-addictive
methods to treat and manage chronic pain, with a focus on
issues related to military populations.
SEXUAL TRAUMA TREATMENT PILOT PROGRAM
Funds appropriated for this pilot program in fiscal year
2020 shall be distributed to civilian partners without further
delay. For funds recommended for fiscal year 2021, the
Assistant Secretary of Defense (Health Affairs) shall submit a
spend plan to the House and Senate Appropriations Committees
prior to the obligations of funds.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
The agreement provides $1,049,800,000 for Chemical Agents
and Munitions Destruction, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
OPERATION AND MAINTENANCE..................... 106,691 106,691
PROCUREMENT................................... 616 616
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.... 782,193 942,493
Program increase--ACWA program shortfall.... ........... 160,300
-------------------------
Total, Chemical Agents and Munitions 889,500 1,049,800
Destruction, Defense.....................
------------------------------------------------------------------------
ASSEMBLED CHEMICAL WEAPONS ALTERNATIVES PROGRAM
The Program Executive Office (PEO) Assembled Chemical
Weapons Alternatives (ACWA) is responsible for the safe and
environmentally compliant destruction of the remaining United
States chemical weapons stockpile stored at the United States
Army Pueblo Chemical Depot in Colorado and the Blue Grass Army
Depot in Kentucky. The deadline for completion of destruction
operations, as established in 50 U.S.C. 1521(b), is not later
than December 31, 2023.
Approximately $9,620,000,000 for the ACWA program has been
appropriated through fiscal year 2020. The fiscal year 2021
President's budget request includes an additional $775,700,000
for the program. According to the program brief accompanying
the budget submission, program funds are for continued
destruction operations at the Pueblo facility. At the Blue
Grass facility, the funds are for continued destruction
operations of sarin, mustard, and some nerve agents, and for
the beginning of operations to destroy nerve rocket warheads.
In an August update to the congressional defense
committees, the program office reported being on track with
program activities and on schedule to meet the 2023 deadline
for destruction operations. It is therefore perplexing that in
November, already two months into fiscal year 2021, the
Department of Defense notified Congress of a $160,300,000
shortfall in the budget request. The Department has indicated
that if additional funding is not provided, the program will
breach the congressionally mandated deadline for destruction
operations by four years at Blue Grass Army Depot while
purportedly maintaining the deadline at the Army Pueblo
Chemical Depot.
The ACWA program has already experienced a significant
Nunn-McCurdy unit cost breach in 2017 and has been cited by the
Department of Defense Inspector General as having schedule
delays and cost overruns due to a lack of contract oversight.
In 2017, the program office came to the congressional defense
committees for additional unanticipated funding of
$127,000,000. It is unsatisfactory that the program office
entrusted with a must-succeed mission has been allowed to be
routinely mismanaged and has used Congress as its backstop
against failure.
The agreement concludes that the program lacks the proper
accounting mechanisms and programmatic rigor to effectively
assess their status and forecast their resource needs. As such,
the PEO ACWA is directed to begin providing quarterly updates
to the congressional defense committees not later than one
quarter after the enactment of this Act. These updates must
include itemized spend plans that show any procurement of
systems or components and labor costs broken out by main plant
operation; static detonation chamber, broken out by operations
and manufacturing/testing; non-systems contractors; and rocket
processing changes, broken out by: 1) rocket containers and
skids; 2) non-destructive equipment/vertical rocket cutting
machine; 3) rocket containerization system; 4) SDC 2000
equipment, installation, and training; 5) SDC 1200 equipment,
installation, and training; and 6) system contractor labor and
materials, if applicable. The updates must also include an
assessment of the status of progress on all major projects and
detail all program risks and the steps the program is taking to
mitigate risks. Each update must make note of any programmatic
or budgetary changes since the previous update. Finally, each
update must provide schedule projections for meeting the
December 31, 2023 deadline.
Additionally, the PEO ACWA is directed to work with the
congressional defense committees to determine what, if any,
changes should be made to budget materials to provide more
transparency into the cost drivers of the program and to the
budgetary changes required to support the program goals.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement provides $914,429,000 for Drug Interdiction
and Counter-Drug Activities, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
COUNTER-NARCOTICS SUPPORT..................... 546,203 567,003
Program increase--multi-mission support ........... 18,000
vessel.....................................
Program increase--Pacific Deterrence ........... 2,800
Initiative--Joint Interagency Task Force
West Project 9202..........................
DRUG DEMAND REDUCTION PROGRAM................. 123,704 127,704
Program increase--young Marines drug demand ........... 4,000
reduction..................................
NATIONAL GUARD COUNTER-DRUG PROGRAM........... 94,211 194,211
Program increase............................ ........... 100,000
NATIONAL GUARD COUNTER-DRUG SCHOOLS........... 5,511 25,511
Program increase............................ ........... 20,000
-------------------------
Total, Drug Interdiction and Counter-Drug 769,629 914,429
Activities, Defense......................
------------------------------------------------------------------------
DRUG-INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement includes funds requested for international
programs in the Northern Command and Southern Command areas of
responsibility, including $17,080,000 to support counter
illicit drug trafficking operations in Southern Command. The
Secretary of Defense is directed to ensure that international
programs requested and supported by this account do not
duplicate programs funded under the Defense Security
Cooperation Agency in the Operation and Maintenance, Defense-
Wide account.
The agreement also includes $194,211,000 for the National
Guard Counter-Drug Program and an additional $31,768,000 is
included under Counter-Narcotics Support for operational
support to the National Guard.
The Secretary of Defense is directed to provide quarterly
reports to House and Senate Appropriations Committees on the
use and status of funds provided under this heading, including
information for each project as identified in the PB-47 Project
Definitions budget exhibit of the fiscal year 2021 budget
justification materials and other documentation supporting the
fiscal year 2021 Department of Defense budget request.
OFFICE OF THE INSPECTOR GENERAL
The agreement provides $375,439,000 for the Office of the
Inspector General, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
OPERATION AND MAINTENANCE..................... 369,483 373,483
Program increase--oversight of PL 116-136 ........... 4,000
funding....................................
PROCUREMENT................................... 858 858
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.... 1,098 1,098
-------------------------
Total, Office of the Inspector General.... 371,439 375,439
------------------------------------------------------------------------
QUARTERLY END STRENGTH AND EXECUTION REPORTS
The Department of Defense Inspector General is directed to
provide quarterly reports to the congressional defense
committees on civilian personnel end strength, full-time
equivalents, and budget execution not later than 15 days after
the end of each fiscal quarter. The reports should contain
quarterly civilian personnel end strength and full-time
equivalents as well as an estimate of fiscal year end strength
and fiscal year full-time equivalents. The reports should also
include quarterly budget execution data along with revised
fiscal year estimated execution data. The Inspector General is
directed to provide realistic end of fiscal year estimates
based on personnel trends to date.
TITLE VII--RELATED AGENCIES
The agreement provides $1,147,719,000 in Title VII, Related
Agencies, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in a
separate, detailed, and comprehensive classified annex. The
Intelligence Community, the Department of Defense, and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying the Department of Defense Appropriations Act,
2021.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND
The agreement provides $514,000,000 for the Central
Intelligence Agency Retirement and Disability Fund.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
The agreement provides $633,719,000, a decrease of
$29,281,000 below the budget request, for the Intelligence
Community Management Account.
TITLE VIII--GENERAL PROVISIONS
The agreement incorporates general provisions which were
not amended. Those general provisions that were addressed in
the agreement are as follows:
(TRANSFER OF FUNDS)
The agreement modifies a provision proposed by the House
which provides general transfer authority not to exceed
$4,000,000,000.
The agreement modifies a provision proposed by the House
which identifies tables as Explanation of Project Level
Adjustments.
The agreement retains a provision which provides for the
establishment of a baseline for application of reprogramming
and transfer authorities for the current fiscal year. The House
bill contained a similar provision.
The agreement includes a provision proposed by the House
regarding humanitarian and civic assistance.
The agreement modifies a provision proposed by the House
regarding management of civilian personnel of the Department of
Defense.
The agreement includes a provision which provides for the
transfer of funds to the Defense Pilot Mentor-Protege Program.
The House bill contained a similar provision.
The agreement includes a provision proposed by the House
regarding limitations on the use of funds to purchase anchor
and mooring chains.
The agreement retains a provision which restricts the use
of funds to reduce or prepare to reduce the number of deployed
and non-deployed strategic delivery vehicles and launchers. The
House bill contained no similar provision.
The agreement includes a provision proposed by the House
regarding incentive payments authorized by the Indian Financing
Act of 1974.
The agreement modifies a provision proposed by the House
which requires notification regarding funds received from
foreign governments related to the stationing or operations of
United States Armed Forces.
The agreement modifies a provision proposed by the House
which limits the number of staff-years of technical effort at
Department of Defense Federally Funded Research and Development
Centers.
The agreement includes a provision regarding overseas
military facility investment. The House bill contained a
similar provision.
The agreement modifies a new provision providing additional
transfer authority for amphibious assault ships. The House bill
contained no similar provision.
The agreement includes a provision proposed by the House
which provides funds for the Asia-Pacific Regional Initiative
Program for the purpose of enabling the Indo-Pacific Command to
execute Theater Security Cooperation activities.
The agreement includes a provision proposed by the House
regarding the availability of certain CIA funds for transfer or
extension.
The agreement retains a provision proposed by the House
regarding mitigation of environmental impacts on Indian lands
resulting from Department of Defense activities.
(RESCISSIONS)
The agreement modifies a provision proposed by the House
recommending rescissions and provides for the rescission of
$3,248,047,000. The rescissions agreed to are:
------------------------------------------------------------------------
------------------------------------------------------------------------
2014 Appropriations:
Shipbuilding and Conversion, Navy:
DDG-51: DDG 119.................................... $66,567,000
2019 Appropriations:
Procurement of Weapons and Tracked Combat Vehicles,
Army:
Armored Multi-Purpose Vehicle...................... 9,590,000
Bradley program modifications...................... 14,250,000
Aircraft Procurement, Navy:
Joint Strike Fighter CV............................ 45,000
Joint Strike Fighter STOVL......................... 66,000
MQ-4 Triton (AP)................................... 7,983,000
AEA systems........................................ 15,000,000
Aircraft Procurement, Air Force:
F-35............................................... 25,928,000
C-135B............................................. 124,727,000
KC-46A MDAP........................................ 9,400,000
HC-130J recap...................................... 17,500,000
MC-130J recap...................................... 41,124,000
Combat Rescue Helicopter........................... 25,000,000
B-52 1760 IWBU..................................... 14,100,000
F-16............................................... 45,255,000
C-5................................................ 1,600,000
OC-135B............................................ 5,744,000
RQ-4 modifications................................. 114,800,000
Initial spares/repair parts........................ 21,069,000
RQ-4 spares........................................ 2,100,000
RQ-4 post production support....................... 17,100,000
Other Procurement, Air Force:
Classified adjustment.............................. 12,400,000
2020 Appropriations:
Aircraft Procurement, Army:
AH-64 Apache Block IIIA reman...................... 22,500,000
UH-60 Black Hawk L and V models.................... 4,400,000
Missile Procurement, Army:
Stinger mods....................................... 2,377,000
Procurement of Weapons and Tracked Combat Vehicles,
Army:
Armored Multi-Purpose Vehicle...................... 78,000,000
Bradley program modifications...................... 61,141,000
Paladin Integrated Management...................... 9,000,000
Procurement of Ammunition, Army:
Proj 155mm Extended Range M982..................... 7,500,000
Other Procurement, Army:
Ground Mobility Vehicles........................... 2,278,000
PLS/ESP............................................ 1,297,000
Spider Family of Networked Munitions............... 9,600,000
Aircraft Procurement, Navy:
Joint Strike Fighter CV............................ 13,060,000
Joint Strike Fighter STOVL......................... 10,878,000
Joint Strike Fighter STOVL (AP).................... 83,185,000
CH-53K (AP)........................................ 89,583,000
P-8A Poseidon...................................... 77,600,000
E-2D............................................... 18,000,000
Advanced Helicopter Training System................ 57,737,000
KC-130J............................................ 14,878,000
MQ-4 Triton (AP)................................... 10,070,000
F-18 Series........................................ 42,137,000
Weapons Procurement, Navy:
Undistributed increase--ESB........................ 7,500,000
Procurement of Ammunition, Navy and Marine Corps:
Practice bombs..................................... 8,388,000
5"/54 gun ammo..................................... 585,000
Shipbuilding and Conversion, Navy:
TAO Fleet Oiler (AP)............................... 73,000,000
CVN Refueling Overhauls............................ 13,100,000
Other Procurement, Navy:
CG modernization................................... 22,920,000
LSD midlife and modernization...................... 22,632,000
Aviation support equipment......................... 10,000,000
Surface combatant HM&E............................. 31,500,000
Procurement, Marine Corps:
Modification kits.................................. 20,139,000
Radio systems...................................... 35,000,000
Aircraft Procurement, Air Force:
F-35............................................... 25,358,000
KC-46A MDAP........................................ 209,588,000
MC-130J recap...................................... 79,874,000
Combat Rescue Helicopter........................... 65,000,000
E-11 BACN Gateway urgent operational need.......... 43,000,000
F-22A.............................................. 39,752,000
KC-46A modifications............................... 5,213,000
C-5 CNS/ATM........................................ 7,900,000
C-17 BLOS.......................................... 4,385,000
C-130J modifications............................... 3,403,000
Initial spares/repair parts........................ 34,946,000
RQ-4 spares........................................ 700,000
RQ-4 post production charges....................... 23,896,000
Missile Procurement, Air Force:
ALCM............................................... 19,500,000
ICBM fuze modifications............................ 5,000,000
Space Procurement, Air Force:
National Security Space Launch..................... 64,400,000
Other Procurement, Air Force:
Classified adjustment.............................. 20,000,000
GCSS-AF FOS (LOGIT)................................ 11,226,000
Wide area surveillance............................. 35,500,000
Research, Development, Test and Evaluation, Army:
Indirect Fire Protection Capability Inc 2 Block 1.. 74,286,000
Manned Ground Vehicle.............................. 130,415,000
Long Range Precision Fires......................... 30,000,000
Improved Turbine Engine Program.................... 49,527,000
Research, Development, Test and Evaluation, Navy:
New Design SSN..................................... 70,000,000
Classified adjustment.............................. 14,005,000
Research, Development, Test and Evaluation, Air
Force:
ALCM............................................... 6,000,000
Arms control implementation........................ 33,848,000
B-52 ATP display................................... 3,000,000
B-52 CERP.......................................... 10,000,000
B-52 RMP........................................... 5,800,000
Combat Rescue Helicopter........................... 17,000,000
Hypersonics prototyping............................ 67,800,000
KC-46A............................................. 13,868,000
Combat training ranges............................. 1,500,000
Long Range Standoff Weapon......................... 20,000,000
B-2 defensive management system.................... 25,700,000
Air and Space Operations Center.................... 12,980,000
Evolved Strategic SATCOM........................... 18,500,000
Classified adjustment.............................. 15,813,000
Research, Development, Test and Evaluation, Defense-
Wide:
Tactical technology................................ 11,900,000
Counter weapons of mass destruction applied 3,000,000
research..........................................
Combating terrorism technology support............. 8,500,000
Space programs and technology...................... 13,800,000
Emerging capabilities technology development....... 36,000,000
Quick reaction special projects.................... 9,000,000
Operational energy capability improvement.......... 10,000,000
Information technology development................. 1,500,000
Information systems security program (OSD)......... 20,000,000
Information systems security program (DISA)........ 4,000,000
Ballistic missile defense enabling programs........ 2,031,000
BMD targets........................................ 300,000
Technology maturation initiatives.................. 6,400,000
Hypersonic defense................................. 12,500,000
MDA hypersonic defense--partner test............... 25,100,000
Improved homeland defense interceptors............. 214,000,000
Defense Working Capital Funds:
Defense Counterintelligence and Security Agency 100,000,000
Working Capital Fund..............................
------------------------------------------------------------------------
The agreement retains a provision which prohibits funds
from being obligated or expended for assistance to the
Democratic People's Republic of Korea with certain exceptions.
The House bill contained a similar provision.
The agreement retains a provision proposed by the House
allowing reimbursement for Reserve Component intelligence
support to combatant commands, defense agencies, and joint
intelligence activities.
The agreement retains a provision proposed by the House
restricting procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin.
The agreement includes a provision which makes funds
available to maintain competitive rates at the arsenals. The
House bill contained no similar provision.
The agreement modifies a provision proposed by the House
which provides funding to the United Service Organizations and
the Red Cross.
The agreement includes a provision requiring set-asides for
Small Business Innovation Research and Small Business
Technology Transfer to be taken proportionally from all
programs. The House bill contained a similar provision.
(TRANSFER OF FUNDS)
The agreement includes a provision proposed by the House
which provides funding to the Sexual Assault Special Victim's
Counsel Program.
The agreement includes a provision which limits the use of
research and development funds to procure end-items. The House
bill contained a similar provision.
The agreement includes a provision which restricts certain
funds for any new start advanced concept technology
demonstration project or joint capability demonstration
project. The House bill contained a similar provision.
The agreement includes a provision proposed by the House
requiring classified quarterly reports.
(TRANSFER OF FUNDS)
The agreement includes a provision providing funds for a
classified Operation and Maintenance, Army transfer. The House
bill contained a similar provision.
The agreement includes a provision regarding the National
Intelligence Program budget. The House bill contained a similar
provision.
The agreement modifies a provision proposed by the House
which provides a grant to the Fisher House Foundation, Inc.
The agreement includes a provision proposed by the House
relating to the assignment of forces.
The agreement includes a provision proposed by the House
requiring notification relating to rapid acquisition authority.
The agreement includes a provision which provides funding
for prior year shipbuilding cost increases. The House bill
contained a similar provision.
The agreement retains a provision which prohibits funding
from being used to initiate a new start program without prior
written notification. The House bill contained a similar
provision.
The agreement includes a provision regarding contingency
budget operations. The House bill contained a similar
provision.
The agreement retains a provision that allows the use of
funds for the rapid acquisition and deployment of supplies and
associated support services. The House bill contained a similar
provision.
The agreement includes a provision which limits the
reprogramming of funds from the Department of Defense
Acquisition Workforce Development Account. The House bill
contained a similar provision.
The agreement includes a new provision relating to Space
Force satellite on-orbit incentive payments. The House bill
contained no similar provision.
The agreement retains a provision which provides the
Director of National Intelligence with general transfer
authority with certain limitations. The House bill contained a
similar provision.
The agreement retains a provision which restricts the
transfer of Khalid Sheik Mohammad and others. The House bill
contained no similar provision.
The agreement retains a provision which prohibits funds to
transfer any individual detained at Guantanamo Bay, Cuba to a
country of origin or other foreign country or entity unless the
Secretary of Defense makes certain certifications. The House
bill contained no similar provision.
The agreement includes a provision proposed by the House
which limits funding to Rosoboronexport.
The agreement retains a provision proposed by the House
which prohibits funds from being used for the purchase or
manufacture of a United States flag unless such flags are
treated as covered items under section 2416a(b) of title 10,
U.S.C.
The agreement retains a provision which prohibits funds to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any Guantanamo
Bay detainee, with certain exceptions. The House bill contained
no similar provision.
The agreement modifies a new provision which authorizes the
use of funds in the Shipbuilding and Conversion, Navy account
to purchase two used auxiliary vessels for the National Defense
Reserve Fleet. The House bill contained no similar provision.
The agreement retains a provision proposed by the House
which requires the Secretary of Defense to post grant awards on
a public website in a searchable format.
The agreement modifies a provision proposed by the House
regarding the reduction and reprogramming of funds to the Rapid
Prototyping Fund.
The agreement includes a provision which provides funding
for the National Defense Reserve Fleet. The House bill
contained a similar provision.
The agreement includes a provision which requires the
Secretary to submit reports regarding the National Instant
Criminal Background Check System. The House bill contained no
similar provision.
The agreement retains a provision which prohibits funds
from the Department of Defense Acquisition Workforce
Development Account to be transferred to the Rapid Prototyping
Fund or credited to a military-department specific fund. The
House bill contained a similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds for gaming or entertainment
that involves nude entertainers.
The agreement includes a provision proposed by the House
which prohibits funding to deliver F-35 aircraft to Turkey,
except in accordance with the National Defense Authorization
Act for Fiscal Year 2020.
The agreement does not include a provision proposed by the
House which provides reprogramming authority for the Global
Engagement Center.
The agreement retains a provision proposed by the House
which makes funds available through the Office of Economic
Adjustment for transfer to the Secretary of Education, to make
grants to construct, renovate, repair, or expand elementary and
secondary public schools on military installations.
The agreement retains a provision which prohibits the use
of funds to carry out the closure or realignment of Guantanamo
Bay, Cuba. The House bill contained no similar provision.
The agreement retains a provision proposed by the House
which removes limits on certain types of assisted reproductive
services.
The agreement retains a provision which prohibits funds for
equipment for ceremonial honors. The House bill contained a
similar provision.
The agreement retains a provision proposed by the House
which allows death gratuity payments as authorized in
subchapter II of chapter 75 of title 10, United States Code.
The agreement modifies a provision proposed by the House
which prohibits funds from being used to transfer the National
Reconnaissance Office to the Space Force.
The agreement modifies a new provision proposed by the
House that prohibits funds from being used to transfer certain
Department of Defense components to the Space Force.
The agreement includes a new provision that provides funds
appropriated for military personnel matters to be used for
members of the Space Force. The House bill contained a similar
provision.
The agreement modifies a provision proposed by the House
which reduces funding due to favorable foreign exchange rates.
The agreement includes a new provision which reduces
funding due to fuel savings. The House bill contained a similar
provision.
The agreement does not retain a provision regarding Army
use of CH-47 reimbursements.
The agreement does not retain a provision proposed by the
House that prohibits funds from being used to exclude or
implement the exclusion of the Department of Defense from cover
under the Federal Service Labor Management Relations Statute.
The agreement does not retain a new provision proposed by
the House that requires the Secretary of Defense to provide
information and documents regarding the massacre in El Mozote.
The agreement modifies a new provision proposed by the
House regarding a pilot program for software and digital
technology.
The agreement does not retain a provision proposed by the
House which requires the Secretary of Defense to report on
deployed personnel by each geographic combatant command.
The agreement does not retain a provision proposed by the
House which requires the Secretary of Defense to provide
notification before the deployment of security force assistance
brigades.
The agreement includes a new provision which provides
funding to assess and strengthen the manufacturing and defense
industrial base and supply chain resiliency. The House bill
contained no similar provision.
The agreement modifies a new provision which provides
funding to improve readiness. The House bill contained no
similar provision.
The agreement does not retain a new provision proposed by
the House which provides funds for grants for public healthcare
professionals on Guam.
The agreement modifies a new provision proposed by the
House which prohibits funds for the various elements of
development and design of certain future naval ships unless any
contract specifies that all auxiliary equipment, including
pumps and propulsion shafts are manufactured in the United
States.
The agreement modifies a new provision proposed by the
House which prohibits funds for the decommissioning the USS
FORT WORTH or the USS CORONADO.
The agreement does not retain a provision proposed by the
House which requires the Secretary of Defense to provide
notification of deployments of Armed forces to locations
outside the United States.
The agreement does not retain a new provision proposed by
the House which prohibits funding from being used in a manner
that does not comply with the requirements in section 365 of
the George Floyd Justice in Policing Act of 2020.
The agreement does not retain a new provision proposed by
the House which prohibits the use of funds to conduct or
prepare for any explosive nuclear weapons test that produces
any yield.
The agreement does not retain a new provision proposed by
the House which prohibits funds by this Act or any prior Act to
construct a wall, fence, border barriers, or border security
infrastructure along the southern land border of the United
States.
The agreement does not retain a new provision proposed by
the House which requires fiscal year 2020 funds that were
transferred by the Department and remain unobligated be
returned to their original accounts, notwithstanding the
transfer authority provided by section 8005.
The agreement does not retain a new provision proposed by
the House which prohibits funds for members of the Armed Forces
serving on active duty in support of security or immigration
enforcement operations at the southern border unless the agency
requesting such support enters into an agreement with the
Secretary of Defense to reimburse the Department of Defense for
all costs incurred by the Department to provide such services.
The agreement modifies a new provision proposed by the
House which provides funding for mitigation of military
aircraft noise.
The agreement does not retain a new provision proposed by
the House which prohibits the use of funds to provide guidance
on, review, prepare, approve, or recommend budget request
funding levels or initiatives for the Department of Energy.
The agreement does not retain a new provision proposed by
the House which provides funding for renaming Army
installations, facilities, roads, and streets named after
confederate leaders and officers.
The agreement adds a new provision which prohibits funds
for the retirement or divestiture of the RQ-4 Global Hawk Block
30 and Block 40 aircraft.
The agreement adds a new provision prohibiting funds for
the lease of an icebreaking vessel unless certain conditions
are met.
TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
The agreement provides $68,650,000,000 in Title IX,
Overseas Contingency Operations/Global War on Terrorism.
MILITARY PERSONNEL
The agreement provides $4,602,593,000 for Military
Personnel, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE
The agreement provides $58,832,051,000 for Operation and
Maintenance, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
BALTIC SECURITY INITIATIVE
The agreement supports the Baltic states of Estonia,
Latvia, and Lithuania through the Baltic Security Initiative.
The agreement includes the budget request of $143,712,500 and
an additional $25,000,000, for a total of $168,712,500 in
International Security Cooperation Programs for the Initiative.
The budget request included $45,000,000 for Baltic air defense
programs which shall not be subject to International Security
Cooperation Program prior notification requirements. Funds
provided above the budget request also shall not be subject to
prior notification requirements. The Secretary of Defense shall
provide, not later than 90 days after the enactment of this
Act, a spend plan for the use of the additional funds.
Additionally, not later than 180 days after the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of State, is directed to submit a multi-year strategy
and spend plan to the congressional defense committees for the
Baltic Security Initiative describing the goals, objectives,
and milestones for programs such as air defense, maritime
situational awareness, ammunition, special forces, and C4ISR,
and the benefits of such programs for deterrence. The strategy
shall also include information on the capabilities of each
country and their financial contributions towards their own
security, the NATO alliance, and programs supported by the
Initiative.
EFFORTS TO MINIMIZE CIVILIAN CASUALTIES
The agreement supports efforts by the Department of Defense
to minimize civilian casualties and fully funds the request for
resources to improve tracking of civilian casualties.
EX GRATIA PAYMENTS
The agreement includes sufficient funding for the Office of
the Secretary of Defense under the Operation and Maintenance,
Defense-Wide appropriation, for payments made to redress injury
and loss pursuant to section 1213 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
AFGHANISTAN SECURITY FORCES FUND
The agreement does not include funding for major capital
projects, major upgrades, or the procurement of new systems,
including the request for ten CH-47 helicopters.
The Secretary of Defense is directed to continue to provide
budget justification materials that include the budget request
amount, the appropriated amount, and the obligation amount by
line item, for the prior two fiscal years. In addition,
concurrent with the submission of each financial activity plan
(FAP), the Secretary of Defense shall provide the congressional
defense committees with line item detail of planned funding
movements within each sub-activity group using line item titles
from the appropriate year's budget justification submission.
Any line item that did not appear in the budget justification
submission shall be delineated as a new line item in the line
item detail accompanying the FAP.
COUNTER-ISIS TRAIN AND EQUIP FUND
The agreement continues support under this heading for the
Iraqi Security Forces, Kurdish Peshmerga, and the Syrian
Democratic Forces to participate in activities to counter ISIS
and associated groups. This includes stipend support to the
Ministry of Peshmerga Affairs, if necessary, to ensure the
Peshmerga's continued ability to conduct operations against
ISIS. The agreement also continues the requirement that the
Secretary of Defense ensure elements are appropriately vetted
and receiving commitments from them to promote respect for
human rights and the rule of law.
No funds were requested for the Badr Organization or for
the Iraqi Popular Mobilization Forces and none are provided by
this Act.
ENHANCED BORDER SECURITY FUNDING
The agreement continues to provide funding to reimburse
partner nations for expenses incurred to enhance border
security. Changes made to the Act to combine border security
funding sources are intended to simplify Department of Defense
accounting and streamline congressional oversight, thereby
ensuring full visibility into the funding requirements of
recipient countries. The agreement includes $250,000,000 for
border security reimbursements. This is in addition to fiscal
year 2020 funds that remain in the Counter-ISIS Train and Equip
Fund that can be used for border security reimbursements in
fiscal year 2021. The agreement encourages the Secretary of
Defense to submit future budget requests in amounts that ensure
that the reimbursements needs of all recipient countries are
fully met.
JORDAN
The agreement includes funding at levels consistent with
prior years for Jordan.
PROCUREMENT
The agreement provides $6,370,713,000 for Procurement, as
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
NATIONAL GUARD AND RESERVE EQUIPMENT
The agreement provides $950,000,000 for National Guard and
Reserve Equipment. Of that amount $285,000,000 is designated
for the Army National Guard; $285,000,000 for the Air National
Guard; $155,000,000 for the Army Reserve; $52,500,000 for the
Navy Reserve; $17,500,000 for the Marine Corps Reserve; and
$155,000,000 for the Air Force Reserve.
This funding will allow the reserve components to procure
high priority equipment that may be used for combat and
domestic response missions. Current reserve component equipping
levels are among the highest in recent history, and the funding
provided by the agreement will help ensure component
interoperability and sustained reserve component modernization.
The agreement directs the component commanders of the Army
Reserve, Marine Forces Reserve, Air Force Reserve, Army
National Guard and Air National Guard to submit to the
congressional defense committees a detailed assessment of their
component's modernization priorities, not later than 30 days
after the enactment of this Act.
The Secretary of Defense is directed to ensure that the
account is executed by the Chiefs of the National Guard and
reserve components with priority consideration given to the
following items: acoustic hailing devices; counter-UAS systems;
crashworthy, ballistically tolerant auxiliary fuel systems;
containerized ice making systems; gamma radiation protection;
helmet-mounted display system; hypervisor-based cross domain
access solution; training systems and simulators; virtual
language training systems; cold weather and mountaineering gear
and equipment, including small unit support vehicles; MQ-9
deployable launch & recovery element mission support kits;
solar mobile power systems; KC-135 aircraft forward area
refueling/defueling stations; ALR-69A digital radar warning
receivers; AN/PDR-75A radiac sets; modular small arms ranges
and range simulators; radiological screening portals;
radiological isotope identification/detection equipment; and
detect and avoid systems for MQ-9 aircraft.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $321,508,000 for Research,
Development, Test and Evaluation, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REVOLVING AND MANAGEMENT FUNDS
The agreement provides $20,090,000 for Defense Working
Capital Funds.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
The agreement provides $365,098,000 for the Defense Health
Program, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
IN-HOUSE CARE................................. 65,072 65,072
PRIVATE SECTOR CARE........................... 296,828 296,828
CONSOLIDATED HEALTH SUPPORT................... 3,198 3,198
Total, Operation and Maintenance.......... 365,098 365,098
------------------------------------------------------------------------
OFFICE OF THE INSPECTOR GENERAL
The agreement provides $24,069,000 for the Office of the
Inspector General.
GENERAL PROVISIONS--THIS TITLE
The agreement for title IX incorporates general provisions
which were not amended. Those general provisions that were
addressed in the agreement are as follows:
(TRANSFER OF FUNDS)
The agreement retains a provision which provides for
special transfer authority within title IX. The House bill
contained a similar provision.
The agreement modifies a provision proposed by the House
which provides funds for the Commanders' Emergency Response
Program.
The agreement includes a provision proposed by the House
regarding use of funds in Afghanistan, Iraq, and Syria.
The agreement retains a provision proposed by the House
which provides security assistance to the Government of Jordan.
The agreement does not retain a provision which provides
for operation and maintenance readiness funds and transfer
authority.
The agreement includes a provision proposed by the House
which prohibits certain funds to procure or transfer man-
portable air defense systems.
The agreement modifies a provision proposed by the House
which provides assistance and sustainment to the military and
national security forces of Ukraine.
The agreement includes a provision proposed by the House
regarding replacement of funds for Ukraine.
The agreement includes a provision proposed by the House
which prohibits the use of funds to provide arms, training, or
other assistance to the Azov Battalion.
The agreement retains a provision regarding the acceptance
of returned equipment. The House bill contained a similar
provision.
The agreement does not retain a provision proposed by the
House which restricts funds provided for reimbursement to the
Government of Pakistan for border security operations until
certain conditions are met.
The agreement retains a provision proposed by the House
which prohibits introducing armed forces into Iraq in
contravention of the War Powers Act.
The agreement retains a provision proposed by the House
which prohibits introducing armed forces into Syria in
contravention of the War Powers Act.
The agreement includes a provision proposed by the House
which prohibits the transfer of C-130 aircraft to the
Afghanistan National Security Forces or the Afghanistan Air
Force.
The agreement includes a provision proposed by the House
which requires the Secretary of Defense to certify the use of
funds in the Afghanistan Security Forces Fund under certain
conditions.
The agreement includes a provision proposed by the House
which prohibits funds for the Taliban, with certain exceptions.
The agreement retains a provision proposed by the House
which states that nothing in the Act may be construed as
authorizing the use of force against Iran.
The agreement does not retain a provision proposed by the
House which requires the Secretary of Defense to provide a
notification when a foreign base is open or closed.
The agreement does not retain a provision proposed by the
House which provides funds to the Department of Defense to
improve intelligence, surveillance, and reconnaissance
capabilities.
(RESCISSIONS)
The agreement modifies a provision proposed by the House
recommending rescissions and provides for the rescission of
$1,886,122,000. The rescissions agreed to are:
------------------------------------------------------------------------
------------------------------------------------------------------------
2019 Appropriations:
Procurement of Weapons and Tracked Combat
Vehicles, Army:
Bradley program............................ $90,000,000
Aircraft Procurement, Air Force:
B-52 Infrared threat defense urgent 16,400,000
operational need..........................
2020 Appropriations:
Operation and Maintenance, Defense-Wide:
DSCA security cooperation.................. 75,000,000
Coalition Support Funds.................... 45,000,000
Afghanistan Security Forces Fund:
Afghanistan Security Forces Fund........... 1,100,000,000
Counter-ISIS Train and Equip Fund:
Counter-ISIS Train and Equip Fund.......... 400,000,000
Procurement of Weapons and Tracked Combat
Vehicles, Army:
Armored Multi-Purpose Vehicle.............. 100,000,000
Procurement of Ammunition, Air Force:
Fuzes--FMU-139 D/B......................... 49,679,000
Research, Development, Test and Evaluation,
Army:
Soldier support and survivability.......... 2,878,000
Research, Development, Test and Evaluation,
Defense-Wide:
Counter improvised-threat demonstration 7,165,000
prototype.................................
------------------------------------------------------------------------
The agreement modifies a new provision that provides funds
for programs for foreign security forces.
The agreement modifies a new provision that provides funds
for specialized training and equipment for coalition forces.
The agreement modifies a new provision that provides funds
to reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman for
enhanced border security.
The agreement retains a provision relating to emergency
designations. The House bill did not contain a similar
provision.
The agreement does not retain a new provision proposed by
the House which repeals the 2001 AUMF.
The agreement does not retain a new provision proposed by
the House which repeals the 2002 AUMF.
The agreement does not retain a new provision proposed by
the House which prohibits funds for any use of military force
in or Iran, with exceptions.
The agreement does not retain a new provision proposed by
the House which prohibits funds to support any law enforcement
action by a military member or Department of Defense employee
unless such individual wears identification.
The agreement includes a new provision proposed by the
House which prohibits funds to be used in contravention of the
First Amendment.
The agreement does not retain a new provision proposed by
the House which prohibits funds to implement Directive-type
Memorandum-19-004.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
=======================================================================
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related needs; for surveys
and detailed studies, and plans and specifications of proposed
river and harbor, flood and storm damage reduction, shore
protection, and aquatic ecosystem restoration projects, and
related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and,
when authorized by law, surveys and detailed studies, and plans
and specifications of projects prior to construction,
$153,000,000, to remain available until expended: Provided,
That the Secretary shall initiate nine new study starts during
fiscal year 2021: Provided further, That the Secretary shall
not deviate from the new starts proposed in the work plan, once
the plan has been submitted to the Committees on Appropriations
of both Houses of Congress.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects authorized
by law; for conducting detailed studies, and plans and
specifications, of such projects (including those involving
participation by States, local governments, or private groups)
authorized or made eligible for selection by law (but such
detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,692,645,000, to remain available until expended; of which
such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program shall be derived from the Harbor
Maintenance Trust Fund as authorized by Public Law 104-303; and
of which such sums as are necessary to cover 35 percent of the
costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects, shall be derived from
the Inland Waterways Trust Fund, except as otherwise
specifically provided for in law.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$380,000,000, to remain available until expended, of which such
sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for inland harbors shall be
derived from the Harbor Maintenance Trust Fund: Provided, That
the Secretary shall initiate one new study start in fiscal year
2021: Provided further, That the Secretary shall not deviate
from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related projects
authorized by law; providing security for infrastructure owned
or operated by the Corps, including administrative buildings
and laboratories; maintaining harbor channels provided by a
State, municipality, or other public agency that serve
essential navigation needs of general commerce, where
authorized by law; surveying and charting northern and
northwestern lakes and connecting waters; clearing and
straightening channels; and removing obstructions to
navigation, $3,849,655,000, to remain available until expended,
of which such sums as are necessary to cover the Federal share
of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the
Harbor Maintenance Trust Fund; of which such sums as become
available from the special account for the Corps of Engineers
established by the Land and Water Conservation Fund Act of 1965
shall be derived from that account for resource protection,
research, interpretation, and maintenance activities related to
resource protection in the areas at which outdoor recreation is
available; and of which such sums as become available from fees
collected under section 217 of Public Law 104-303 shall be used
to cover the cost of operation and maintenance of the dredged
material disposal facilities for which such fees have been
collected: Provided, That 1 percent of the total amount of
funds provided for each of the programs, projects, or
activities funded under this heading shall not be allocated to
a field operating activity prior to the beginning of the fourth
quarter of the fiscal year and shall be available for use by
the Chief of Engineers to fund such emergency activities as the
Chief of Engineers determines to be necessary and appropriate,
and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used for
emergency activities proportionally in accordance with the
amounts provided for the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $210,000,000,
to remain available until September 30, 2022.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $250,000,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters as
authorized by law, $35,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works program,
$206,000,000, to remain available until September 30, 2022, of
which not to exceed $5,000 may be used for official reception
and representation purposes and only during the current fiscal
year: Provided, That no part of any other appropriation
provided in this title shall be available to fund the civil
works activities of the Office of the Chief of Engineers or the
civil works executive direction and management activities of
the division offices: Provided further, That any Flood Control
and Coastal Emergencies appropriation may be used to fund the
supervision and general administration of emergency operations,
repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
(including rescission of funds)
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000,
to remain available until September 30, 2022: Provided, That
not more than 75 percent of such amount may be obligated or
expended until the Assistant Secretary submits to the
Committees on Appropriations of both Houses of Congress the
report required under section 101(d) of this Act and a work
plan that allocates at least 95 percent of the additional
funding provided under each heading in this title, as
designated under such heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), to specific programs, projects, or
activities: Provided further, That of the unobligated balances
available from amounts appropriated in prior Acts under this
heading, $500,000 is hereby rescinded: Provided further, That
no amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
water infrastructure finance and innovation program account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $12,000,000, to remain available until
expended, for safety projects to maintain, upgrade, and repair
dams identified in the National Inventory of Dams with a
primary owner type of state, local government, public utility,
or private: Provided, That, no project may be funded with
amounts provided under this heading for a dam that is
identified as jointly owned in the National Inventory of Dams
and where one of those joint owners is the Federal Government:
Provided further, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans, including capitalized
interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$950,000,000: Provided further, That, within 30 days of
enactment of this Act, the Secretary, in consultation with the
Office of Management and Budget, shall transmit a report to the
Committees on Appropriations of the House of Representatives
and the Senate that provides: (1) an analysis of how subsidy
rates will be determined for loans financed by appropriations
provided under this heading in this Act; (2) a comparison of
the factors that will be considered in estimating subsidy rates
for loans financed under this heading in this Act with factors
that will be considered in estimates of subsidy rates for other
projects authorized by the Water Infrastructure Finance and
Innovation Act of 2014, including an analysis of how both sets
of rates will be determined; and (3) an analysis of the process
for developing draft regulations for the Water Infrastructure
Finance and Innovation program, including a crosswalk from the
statutory requirements for such program, and a timetable for
publishing such regulations: Provided further, That the use of
direct loans or loan guarantee authority under this heading for
direct loans or commitments to guarantee loans for any project
shall be in accordance with the criteria published in the
Federal Register on June 30, 2020 (85 FR 39189) pursuant to the
fourth proviso under the heading ``Water Infrastructure Finance
and Innovation Program Account'' in division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94):
Provided further, That none of the direct loans or loan
guarantee authority made available under this heading shall be
available for any project unless the Secretary and the Director
of the Office of Management and Budget have certified in
advance in writing that the direct loan or loan guarantee, as
applicable, and the project comply with the criteria referenced
in the previous proviso: Provided further, That any references
to the Environmental Protection Agency (EPA) or the
Administrator in the criteria referenced in the previous two
provisos shall be deemed to be references to the Army Corps of
Engineers or the Secretary of the Army, respectively, for
purposes of the direct loans or loan guarantee authority made
available under this heading: Provided further, That, for the
purposes of carrying out the Congressional Budget Act of 1974,
the Director of the Congressional Budget Office may request,
and the Secretary shall promptly provide, documentation and
information relating to a project identified in a Letter of
Interest submitted to the Secretary pursuant to a Notice of
Funding Availability for applications for credit assistance
under the Water Infrastructure Finance and Innovation Act
Program, including with respect to a project that was initiated
or completed before the date of enactment of this Act.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance and
Innovation Act of 2014 shall be deposited in this account, to
remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $2,200,000, to remain
available until September 30, 2022.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that remain
available for obligation or expenditure in fiscal year 2021,
shall be available for obligation or expenditure through a
reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program,
project, or activity for which funds have been denied
or restricted by this Act, unless prior approval is
received from the Committees on Appropriations of both
Houses of Congress;
(4) proposes to use funds directed for a specific
activity for a different purpose, unless prior approval
is received from the Committees on Appropriations of
both Houses of Congress;
(5) augments or reduces existing programs, projects,
or activities in excess of the amounts contained in
paragraphs (6) through (10), unless prior approval is
received from the Committees on Appropriations of both
Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a
limit of $150,000 per project, study or activity is
allowed: Provided, That for a base level less than
$100,000, the reprogramming limit is $25,000: Provided
further, That up to $25,000 may be reprogrammed into
any continuing study or activity that did not receive
an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a
limit of $3,000,000 per project, study or activity is
allowed: Provided, That for a base level less than
$2,000,000, the reprogramming limit is $300,000:
Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be
reprogrammed into any continuing study or activity that
did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited
reprogramming authority is granted for the Corps to be
able to respond to emergencies: Provided, That the
Chief of Engineers shall notify the Committees on
Appropriations of both Houses of Congress of these
emergency actions as soon thereafter as practicable:
Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base
amount up to a limit of $5,000,000 per project, study,
or activity is allowed: Provided further, That for a
base level less than $1,000,000, the reprogramming
limit is $150,000: Provided further, That $150,000 may
be reprogrammed into any continuing study or activity
that did not receive an appropriation;
(9) Mississippi river and tributaries.--The
reprogramming guidelines in paragraphs (6), (7), and
(8) shall apply to the Investigations, Construction,
and Operation and Maintenance portions of the
Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action
program.--Reprogramming of up to 15 percent of the base
of the receiving project is permitted.
(b) De Minimus Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the
Committees on Appropriations of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall
not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year which shall include:
(1) A table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if applicable, and the fiscal year
enacted level; and
(2) A delineation in the table for each appropriation
both by object class and program, project and activity
as detailed in the budget appendix for the respective
appropriations; and
(3) An identification of items of special
congressional interest.
Sec. 102. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this
Act and the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act),
including the determination and designation of new starts.
Sec. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds
beyond the amounts appropriated for that program, project, or
activity that remain unobligated, except that such amounts may
include any funds that have been made available through
reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish
and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $5,400,000 of funds provided in this
title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an
open lake placement alternative for dredged material, after
evaluating the least costly, environmentally acceptable manner
for the disposal or management of dredged material originating
from Lake Erie or tributaries thereto, unless it is approved
under a State water quality certification pursuant to section
401 of the Federal Water Pollution Control Act (33 U.S.C.
1341): Provided, That until an open lake placement alternative
for dredged material is approved under a State water quality
certification, the Corps of Engineers shall continue upland
placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development
Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the
Civil Works functions or authority of the Corps of Engineers or
the Secretary of the Army to another department or agency.
Sec. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the
Chief of Engineers.
Sec. 108. None of the funds made available by this Act may
be used to carry out any water supply reallocation study under
the Wolf Creek Dam, Lake Cumberland, Kentucky, project
authorized under the Act of July 24, 1946 (60 Stat. 636, ch.
595).
Sec. 109. (a) When allocating the additional funding provided
in this title under the headings ``Construction'' and
``Mississippi River and Tributaries'', the Secretary shall
initiate a total of seven new construction starts during fiscal
year 2021.
(b) For new construction projects, project cost sharing
agreements shall be executed as soon as practicable but no
later than December 31, 2021.
(c) No allocation for a new start shall be considered final
and no work allowance shall be made until the Secretary
provides to the Committees on Appropriations of both Houses of
Congress an out-year funding scenario demonstrating the
affordability of the selected new starts and the impacts on
other projects.
(d) The Secretary shall not deviate from the new starts
proposed in the work plan, once the plan has been submitted to
the Committees on Appropriations of both Houses of Congress.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $21,000,000, to remain available until
expended, of which $1,800,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission:
Provided, That of the amount provided under this heading,
$1,500,000 shall be available until September 30, 2022, for
expenses necessary in carrying out related responsibilities of
the Secretary of the Interior: Provided further, That for
fiscal year 2021, of the amount made available to the
Commission under this Act or any other Act, the Commission may
use an amount not to exceed $1,500,000 for administrative
expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities, including
the operation, maintenance, and rehabilitation of reclamation
and other facilities, participation in fulfilling related
Federal responsibilities to Native Americans, and related
grants to, and cooperative and other agreements with, State and
local governments, federally recognized Indian Tribes, and
others, $1,521,125,000, to remain available until expended, of
which $58,476,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $5,584,000 shall be available for
transfer to the Lower Colorado River Basin Development Fund; of
which such amounts as may be necessary may be advanced to the
Colorado River Dam Fund: Provided, That $25,882,000 shall be
available for transfer into the Blackfeet Water Settlement
Implementation Fund established by section 3717 of Public Law
114-322: Provided further, That such transfers may be
increased or decreased within the overall appropriation under
this heading: Provided further, That of the total
appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation
special fee account established by 16 U.S.C. 4166 shall be
derived from that Fund or account: Provided further, That
funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which the funds were contributed:
Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until
expended for the same purposes as the sums appropriated under
this heading: Provided further, That of the amounts provided
herein, funds may be used for high-priority projects which
shall be carried out by the Youth Conservation Corps, as
authorized by 16 U.S.C. 1706: Provided further, That within
available funds, $250,000 shall be for grants and financial
assistance for educational activities: Provided further, That
in accordance with section 4007 of Public Law 114-322, funding
provided for such purpose in fiscal years 2017, 2018, 2019, and
2020 shall be made available for the construction, pre-
construction, or study of the Friant-Kern Canal Capacity
Correction Resulting from Subsidence, the Boise River Basin--
Anderson Ranch Dam Raise, the North-of-the-Delta Off Stream
Storage (Sites Reservoir Project), the Los Vaqueros Reservoir
Phase 2 Expansion Project, and the Cle Elum Pool Raise
(Yakima), as recommended by the Secretary in the letters dated
June 22, 2020, and December 3, 2020, inclusive; the Delta
Mendota Canal Subsidence Correction, the Del Puerto Water
District, the San Luis Low Point Improvement Project, and the
Sacramento Regional Water Bank, as recommended by the Secretary
in the letter dated June 22, 2020: Provided further, That in
accordance with section 4009(c) of Public Law 114-322, and as
recommended by the Secretary in a letter dated December 3,
2020, funding provided for such purpose in fiscal years 2019
and 2020 shall be made available to the El Paso Aquifer Storage
and Recovery Using Reclaimed Water Project, the Pure Water
Monterey: A Groundwater Replenishment Project, the Pure Water
Soquel: Groundwater Replenishment and Seawater Intrusion
Prevention Project, the Magna Water District Water Reclamation
and Reuse Project, the Pure Water Oceanside: Mission Basin
Groundwater Purification Facility Project, the Groundwater
Reliability Improvement Program Recycled Water Project, and the
Palmdale Regional Groundwater Recharge and Recovery Project:
Provided further, That in accordance with section 4009(a) of
Public Law 114-322, and as recommended by the Secretary in a
letter dated December 3, 2020, funding provided for such
purpose in fiscal years 2019 and 2020 shall be made available
to the Doheny Ocean Desalination Project, the North Pleasant
Valley Desalter Facility, and the Energy-Efficient Brackish
Groundwater Desalination Project.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $55,875,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided
further, That none of the funds made available under this
heading may be used for the acquisition or leasing of water for
in-stream purposes if the water is already committed to in-
stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior,
$33,000,000, to remain available until expended, of which such
amounts as may be necessary to carry out such activities may be
transferred to appropriate accounts of other participating
Federal agencies to carry out authorized purposes: Provided,
That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided
further, That CALFED implementation shall be carried out in a
balanced manner with clear performance measures demonstrating
concurrent progress in achieving the goals and objectives of
the Program.
policy and administration
For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the Denver
office, and offices in the six regions of the Bureau of
Reclamation, to remain available until September 30, 2022,
$60,000,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed five passenger motor
vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous or
subsequent appropriations Acts to the agencies or entities
funded in title II of this Act for Water and Related Resources
that remain available for obligation or expenditure in fiscal
year 2021, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or
activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the
Committees on Appropriations of both Houses of
Congress;
(4) restarts or resumes any program, project or
activity for which funds are not provided in this Act,
unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(5) transfers funds in excess of the following
limits, unless prior approval is received from the
Committees on Appropriations of both Houses of
Congress:
(A) 15 percent for any program, project or
activity for which $2,000,000 or more is
available at the beginning of the fiscal year;
or
(B) $400,000 for any program, project or
activity for which less than $2,000,000 is
available at the beginning of the fiscal year;
(6) transfers more than $500,000 from either the
Facilities Operation, Maintenance, and Rehabilitation
category or the Resources Management and Development
category to any program, project, or activity in the
other category, unless prior approval is received from
the Committees on Appropriations of both Houses of
Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled
contractor claims, increased contractor earnings due to
accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received
from the Committees on Appropriations of both Houses of
Congress.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer'' means
any movement of funds into or out of a program, project, or
activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed between
programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60
days after the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to
minimize any detrimental effect of the San Luis drainage
waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and
the costs of the San Joaquin Valley Drainage Program shall be
classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to
the ``Cleanup Program--Alternative Repayment Plan'' and the
``SJVDP--Alternative Repayment Plan'' described in the report
entitled ``Repayment Report, Kesterson Reservoir Cleanup
Program and San Joaquin Valley Drainage Program, February
1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United
States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully
reimbursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land
Management Act of 2009 (42 U.S.C. 10364(e)) is amended by
striking `` $530,000,000'' and inserting `` $610,000,000''.
Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-
Delta Authorization Act) (118 Stat. 1681), as amended by
section 4007(k) of Public Law 114-322, is amended by striking
``2020'' each place it appears and inserting ``2021''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus
Public Land Management Act of 2009) is amended by striking
``2020'' and inserting ``2021''.
Sec. 206. Section 6002(g)(4) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11) is amended by
striking ``2020'' and inserting ``2021''.
Sec. 207. (a) Section 104(c) of the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is
amended by striking``2020'' and inserting ``2021''.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) is amended by striking
``2020'' and inserting ``2021''.
Sec. 208. None of the funds made available by this Act may
be used for pre-construction or construction activities for any
project recommended after enactment of the Energy and Water
Development and Related Agencies Appropriations Act, 2020 and
prior to enactment of this Act by the Secretary of the Interior
and transmitted to the appropriate committees of Congress
pursuant to section 4007, section 4009(a), or section 4009(c)
of the Water Infrastructure Improvements for the Nation Act
(Public Law 114-322) if such project is not named in this Act.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescissions of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $2,864,000,293, to remain available
until expended: Provided, That of such amount, $165,000,000
shall be available until September 30, 2022, for program
direction: Provided further, That of the unobligated balances
available from amounts appropriated in Public Law 111-8 under
this heading, $806,831 is hereby rescinded: Provided further,
That of the unobligated balances available from amounts
appropriated in Public Law 111-85 under this heading,
$1,433,462 is hereby rescinded: Provided further, That no
amounts may be rescinded under the previous two provisos from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy sector cybersecurity,
energy security, and emergency response activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion,
$156,000,000, to remain available until expended: Provided,
That of such amount, $12,000,000 shall be available until
September 30, 2022, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $211,720,000, to remain available until expended:
Provided, That of such amount, $18,000,000 shall be available
until September 30, 2022, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,507,600,000, to remain available until expended:
Provided, That of such amount, $75,131,000 shall be available
until September 30, 2022, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition of interest,
including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological
investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3,
1602, and 1603), $750,000,000, to remain available until
expended: Provided, That of such amount $61,500,000 shall be
available until September 30, 2022, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $13,006,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, unobligated funds
remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy and
Conservation Act (42 U.S.C. 6201 et seq.), $188,000,000, to
remain available until expended.
SPR Petroleum Account
For the acquisition, transportation, and injection of
petroleum products, and for other necessary expenses pursuant
to the Energy Policy and Conservation Act of 1975, as amended
(42 U.S.C. 6201 et seq.), sections 403 and 404 of the
Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), and
section 5010 of the 21st Century Cures Act (Public Law 114-
255), $1,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $6,500,000, to remain available until
expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$126,800,000, to remain available until expended.
Non-defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $319,200,000, to remain available
until expended: Provided, That, in addition, fees collected
pursuant to subsection (b)(1) of section 6939f of title 42,
United States Code, and deposited under this heading in fiscal
year 2021 pursuant to section 309 of title III of division C of
Public Law 116-94 are appropriated, to remain available until
expended, for mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $841,000,000, to
be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $5,000,000 shall be available in accordance with title X,
subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, and
purchase of not more than 35 passenger motor vehicles for
replacement only, $7,026,000,000, to remain available until
expended: Provided, That of such amount, $192,000,000 shall be
available until September 30, 2022, for program direction:
Provided further, That of the amount provided under this
heading in this Act, $2,300,000,000 is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear
Waste Policy Act of 1982, Public Law 97-425, as amended,
including interim storage activities, $27,500,000, to remain
available until expended, of which $7,500,000 shall be derived
from the Nuclear Waste Fund.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America
COMPETES Act (Public Law 110-69), $427,000,000, to remain
available until expended: Provided, That of such amount,
$35,000,000 shall be available until September 30, 2022, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
(including rescission of funds)
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005
under this heading in prior Acts, shall be collected in
accordance with section 502(7) of the Congressional Budget Act
of 1974: Provided, That for necessary administrative expenses
of the Title 17 Innovative Technology Loan Guarantee Program,
as authorized, $32,000,000 is appropriated, to remain available
until September 30, 2022: Provided further, That up to
$32,000,000 of fees collected in fiscal year 2021 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be
credited as offsetting collections under this heading and used
for necessary administrative expenses in this appropriation and
shall remain available until September 30, 2022: Provided
further, That to the extent that fees collected in fiscal year
2021 exceed $32,000,000, those excess amounts shall be credited
as offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such
fees are received during fiscal year 2021 (estimated at
$3,000,000) and (2) to the extent that any remaining general
fund appropriations can be derived from fees collected in
previous fiscal years that are not otherwise appropriated, so
as to result in a final fiscal year 2021 appropriation from the
general fund estimated at $0: Provided further, That the
Department of Energy shall not subordinate any loan obligation
to other financing in violation of section 1702 of the Energy
Policy Act of 2005 or subordinate any Guaranteed Obligation to
any loan or other debt obligations in violation of section
609.10 of title 10, Code of Federal Regulations: Provided
further, That, of the unobligated balances available under the
heading ``Department of Energy--Energy Programs--Title 17--
Innovative Technology Loan Guarantee Program'' in the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) for
the cost of guaranteed loans authorized by section 1705 of the
Energy Policy Act of 2005, $392,000,000 are hereby rescinded:
Provided further, That the amounts rescinded pursuant to the
preceding proviso that were previously designated by the
Congress as an emergency requirement pursuant to section 204(a)
of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S.
Con. Res. 70 (110th Congress), the concurrent resolutions on
the budget for fiscal years 2008 and 2009, are designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Advanced Technology Vehicles Manufacturing Loan Program
(including rescission of funds)
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $5,000,000, to remain available until September
30, 2022: Provided, That, of the unobligated balances
available from amounts appropriated for the costs of direct
loans in section 129 of division A of the Consolidated
Security, Disaster Assistance, and Continuing Appropriations
Act, 2009 (Public Law 110-329), $1,908,000,000 are hereby
rescinded: Provided further, That the amounts rescinded
pursuant to the preceding proviso that were previously
designated by the Congress as an emergency requirement pursuant
to section 204(a) of S. Con. Res. 21 (110th Congress) and
section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009, are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program,
$2,000,000, to remain available until September 30, 2022.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $22,000,000, to
remain available until expended: Provided, That, of the amount
appropriated under this heading, $5,000,000 shall be available
until September 30, 2022, for program direction.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $259,378,000, to remain available until
September 30, 2022, including the hire of passenger motor
vehicles and official reception and representation expenses not
to exceed $30,000, plus such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in
cost of work are offset by revenue increases of the same or
greater amount: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total
$93,378,000 in fiscal year 2021 may be retained and used for
operating expenses within this account, as authorized by
section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum
herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final
fiscal year 2021 appropriation from the general fund estimated
at not more than $166,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, $57,739,000, to remain available until September
30, 2022.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed
one aircraft, one ambulance, and two passenger buses, for
replacement only, $15,345,000,000, to remain available until
expended: Provided, That of such amount, $75,000,000 shall be
available for the Uranium Reserve Program: Provided further,
That of such amount, $123,684,000 shall be available until
September 30, 2022, for program direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $2,260,000,000, to remain available
until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,684,000,000, to remain
available until expended, of which, $91,000,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of
such amount, $51,700,000 shall be available until September 30,
2022, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $443,200,000, to
remain available until September 30, 2022, including official
reception and representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed 1
passenger minivan for replacement only, $6,426,000,000, to
remain available until expended: Provided, That of such
amount, $289,000,000 shall be available until September 30,
2022, for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense, other
defense activities, and classified activities, in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $920,000,000, to
remain available until expended: Provided, That of such
amount, $334,948,000 shall be available until September 30,
2022, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount not
to exceed $5,000: Provided, That during fiscal year 2021, no
new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and
energy, including transmission wheeling and ancillary services,
pursuant to section 5 of the Flood Control Act of 1944 (16
U.S.C. 825s), as applied to the southeastern power area,
$7,246,000, including official reception and representation
expenses in an amount not to exceed $1,500, to remain available
until expended: Provided, That notwithstanding 31 U.S.C. 3302
and section 5 of the Flood Control Act of 1944, up to
$7,246,000 collected by the Southeastern Power Administration
from the sale of power and related services shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding
the annual expenses of the Southeastern Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during
the fiscal year so as to result in a final fiscal year 2021
appropriation estimated at not more than $0: Provided further,
That notwithstanding 31 U.S.C. 3302, up to $52,000,000
collected by the Southeastern Power Administration pursuant to
the Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and
energy, for construction and acquisition of transmission lines,
substations and appurtenant facilities, and for administrative
expenses, including official reception and representation
expenses in an amount not to exceed $1,500 in carrying out
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the Southwestern Power Administration, $47,540,000,
to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), up to $37,140,000
collected by the Southwestern Power Administration from the
sale of power and related services shall be credited to this
account as discretionary offsetting collections, to remain
available until expended, for the sole purpose of funding the
annual expenses of the Southwestern Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during
the fiscal year so as to result in a final fiscal year 2021
appropriation estimated at not more than $10,400,000: Provided
further, That notwithstanding 31 U.S.C. 3302, up to $34,000,000
collected by the Southwestern Power Administration pursuant to
the Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation and
renewable resources programs as authorized, $259,126,000,
including official reception and representation expenses in an
amount not to exceed $1,500, to remain available until
expended, of which $259,126,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control
Act of 1944 (16 U.S.C. 825s), and section 1 of the Interior
Department Appropriation Act, 1939 (43 U.S.C. 392a), up to
$169,754,000 collected by the Western Area Power Administration
from the sale of power and related services shall be credited
to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of
funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to result
in a final fiscal year 2021 appropriation estimated at not more
than $89,372,000, of which $89,372,000 is derived from the
Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $192,000,000 collected by the Western Area
Power Administration pursuant to the Flood Control Act of 1944
and the Reclamation Project Act of 1939 to recover purchase
power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$5,776,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $5,548,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited to
this account as discretionary offsetting collections, to remain
available until expended for the sole purpose of funding the
annual expenses of the hydroelectric facilities of these Dams
and associated Western Area Power Administration activities:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during
the fiscal year so as to result in a final fiscal year 2021
appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for
fiscal year 2021, the Administrator of the Western Area Power
Administration may accept up to $1,526,000 in funds contributed
by United States power customers of the Falcon and Amistad Dams
for deposit into the Falcon and Amistad Operating and
Maintenance Fund, and such funds shall be available for the
purpose for which contributed in like manner as if said sums
had been specifically appropriated for such purpose: Provided
further, That any such funds shall be available without further
appropriation and without fiscal year limitation for use by the
Commissioner of the United States Section of the International
Boundary and Water Commission for the sole purpose of
operating, maintaining, repairing, rehabilitating, replacing,
or upgrading the hydroelectric facilities at these Dams in
accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception and
representation expenses not to exceed $3,000, and the hire of
passenger motor vehicles, $404,350,000, to remain available
until expended: Provided, That notwithstanding any other
provision of law, not to exceed $404,350,000 of revenues from
fees and annual charges, and other services and collections in
fiscal year 2021 shall be retained and used for expenses
necessary in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced as revenues are received
during fiscal year 2021 so as to result in a final fiscal year
2021 appropriation from the general fund estimated at not more
than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity or
to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees
on Appropriations of both Houses of Congress at least 3 full
business days in advance, none of the funds made available in
this title may be used to--
(A) make a grant allocation or discretionary grant
award totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more,
including a contract covered by the Federal Acquisition
Regulation;
(C) issue a letter of intent to make an allocation,
award, or Agreement in excess of the limits in
subparagraph (A) or (B); or
(D) announce publicly the intention to make an
allocation, award, or Agreement in excess of the limits
in subparagraph (A) or (B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant
allocation or discretionary grant award totaling less than
$1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the
award, the amount of the award, the fiscal year for which the
funds for the award were appropriated, the account and program,
project, or activity from which the funds are being drawn, the
title of the award, and a brief description of the activity for
which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear cooperative
agreement unless--
(1) the contract, grant, or cooperative agreement is
funded for the full period of performance as
anticipated at the time of award; or
(2) the contract, grant, or cooperative agreement
includes a clause conditioning the Federal Government's
obligation on the availability of future year budget
authority and the Secretary notifies the Committees on
Appropriations of both Houses of Congress at least 3
days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Final Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify, and obtain the prior approval of, the
Committees on Appropriations of both Houses of Congress at
least 30 days prior to the use of any proposed reprogramming
that would cause any program, project, or activity funding
level to increase or decrease by more than $5,000,000 or 10
percent, whichever is less, during the time period covered by
this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a reprogramming
of funds that--
(1) creates, initiates, or eliminates a program,
project, or activity;
(2) increases funds or personnel for any program,
project, or activity for which funds are denied or
restricted by this Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance with
such requirement or restriction would pose a substantial risk
to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same
appropriation accounts for such activities established pursuant
to this title. Available balances may be merged with funds in
the applicable established accounts and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2021 until the enactment of the Intelligence Authorization
Act for fiscal year 2021.
Sec. 303. None of the funds made available in this title
shall be used for the construction of facilities classified as
high-hazard nuclear facilities under 10 CFR Part 830 unless
independent oversight is conducted by the Office of Enterprise
Assessments to ensure the project is in compliance with nuclear
safety requirements.
Sec. 304. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3
under Department of Energy Order 413.3B, or any successive
departmental guidance, for construction projects where the
total project cost exceeds $100,000,000, until a separate
independent cost estimate has been developed for the project
for that critical decision.
Sec. 305. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination by
the President in this fiscal year that a regional supply
shortage of refined petroleum product of significant scope and
duration exists, that a severe increase in the price of refined
petroleum product will likely result from such shortage, and
that a draw down and sale of refined petroleum product would
assist directly and significantly in reducing the adverse
impact of such shortage, the Secretary of Energy may draw down
and sell refined petroleum product from the Strategic Petroleum
Reserve. Proceeds from a sale under this section shall be
deposited into the SPR Petroleum Account established in section
167 of the Energy Policy and Conservation Act (42 U.S.C. 6247),
and such amounts shall be available for obligation, without
fiscal year limitation, consistent with that section.
Sec. 306. (a) Of the offsetting collections, including
unobligated balances of such collections, in the ``Department
of Energy--Power Marketing Administration--Colorado River
Basins Power Marketing Fund, Western Area Power
Administration'', $21,400,000 shall be transferred to the
``Department of the Interior--Bureau of Reclamation--Upper
Colorado River Basin Fund'' for the Bureau of Reclamation to
carry out environmental stewardship and endangered species
recovery efforts.
(b) No funds shall be transferred directly from ``Department
of Energy--Power Marketing Administration--Colorado River
Basins Power Marketing Fund, Western Area Power
Administration'' to the general fund of the Treasury in the
current fiscal year.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C. 3109,
and hire of passenger motor vehicles, $180,000,000, to remain
available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $31,000,000, to remain available until September
30, 2022.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382F(d), 382M, and 382N of said Act, $30,000,000, to remain
available until expended.
Denali Commission
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and
capital equipment as necessary and other expenses, $15,000,000,
to remain available until expended, notwithstanding the
limitations contained in section 306(g) of the Denali
Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed
80 percent of total project cost for distressed communities, as
defined by section 307 of the Denali Commission Act of 1998
(division C, title III, Public Law 105-277), as amended by
section 701 of appendix D, title VII, Public Law 106-113 (113
Stat. 1501A-280), and an amount not to exceed 50 percent for
non-distressed communities: Provided further, That
notwithstanding any other provision of law regarding payment of
a non-Federal share in connection with a grant-in-aid program,
amounts under this heading shall be available for the payment
of such a non-Federal share for programs undertaken to carry
out the purposes of the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $30,000,000, to remain
available until expended: Provided, That such amounts shall be
available for administrative expenses, notwithstanding section
15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $1,000,000, to remain
available until expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000, to remain available
until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $830,900,000, including official
representation expenses not to exceed $25,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $9,500,000 may be made
available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September
30, 2022: Provided further, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $710,293,000 in fiscal year 2021 shall be retained
and used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2021 so as to result in a final
fiscal year 2021 appropriation estimated at not more than
$120,607,000.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $13,499,000, to remain available until September 30,
2022: Provided, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$11,106,000 in fiscal year 2021 shall be retained and be
available until September 30, 2022, for necessary salaries and
expenses in this account, notwithstanding section 3302 of title
31, United States Code: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2021 so as to result in a final
fiscal year 2021 appropriation estimated at not more than
$2,393,000: Provided further, That of the amounts appropriated
under this heading, $1,206,000 shall be for Inspector General
services for the Defense Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051,
$3,600,000, to be derived from the Nuclear Waste Fund, to
remain available until September 30, 2022.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal
Commission Procedures when responding to Congressional requests
for information, consistent with Department of Justice guidance
for all Federal agencies.
Sec. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify
the Committees on Appropriations of both Houses of Congress at
least 30 days prior to the use of any proposed reprogramming
that would cause any program funding level to increase or
decrease by more than $500,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with
such requirement would pose a substantial risk to human health,
the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not
later than 3 days after the date of the activity to which a
requirement or restriction would otherwise have applied. Such
notice shall include an explanation of the substantial risk
under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as
directed in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which funds
are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any authority whereby
a department, agency, or instrumentality of the United States
Government may provide goods or services to another department,
agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act,
except pursuant to a transfer made by or transfer authority
provided in this Act or any other appropriations Act for any
fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any authority whereby
a department, agency, or instrumentality of the United States
Government may provide goods or services to another department,
agency, or instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-
to-date. This report shall include the amounts transferred and
the purposes for which they were transferred, and shall not
replace or modify existing notification requirements for each
authority.
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 505. (a) Requirements relating to non-Federal cost-share
grants and cooperative agreements for the Delta Regional
Authority under section 382D of the Agricultural Act of 1961
and Consolidated Farm and Rural Development Act (7 U.S.C.
2009aa-3) are waived for grants awarded in fiscal year 2020 and
in subsequent years in response to economic distress directly
related to the impacts of the Coronavirus Disease (COVID-19).
(b) Requirements relating to non-Federal cost-share grants
and cooperative agreements for the Northern Border Regional
Commission under section 15501(d) of title 40, United States
Code, are waived for grants awarded in fiscal year 2020 and in
subsequent years in response to economic distress directly
related to the impacts of the Coronavirus Disease (COVID-19).
(c) Requirements relating to non-Federal cost-share grants
and cooperative agreements for the Denali Commission are waived
for grants awarded in fiscal year 2020 and in subsequent years
in response to economic distress directly related to the
impacts of the Coronavirus Disease (COVID-19).
Sec. 506. Of the unavailable collections currently in the
United States Enrichment Corporation Fund, $291,000,000 shall
be transferred to and merged with the Uranium Enrichment
Decontamination and Decommissioning Fund and shall be available
only to the extent provided in advance in appropriations Acts.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2021''.
[Clerk's note.--Reproduced below is the material relating
to division D contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H8311 of
Book IV.
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DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
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, 2021, and for other purposes.
The explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise
noted, the language set forth in House Report 116-449 carries
the same weight as the 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. Additionally, where this explanatory statement states
that the ``agreement only includes'' or ``the following is the
only'' direction, any direction included in the House report on
that matter shall be considered as replaced with the direction
provided within this explanatory statement. In cases where the
House has directed the submission of a report, such report is
to be submitted to the Committees on Appropriations of both
Houses of Congress. House 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 2021, 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 and
Related Agencies Appropriations Act. The term ``program,
project, or activity'' shall include the most specific level of
budget items identified in the Energy and Water Development and
Related Agencies Appropriations Act, 2021 and the explanatory
statement accompanying this Act.
The agreement reiterates House direction regarding the
Salton Sea, California.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2021 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police-community relations, that are broadly
applicable and scalable to all federal law enforcement
agencies. The agreement further notes that several agencies
funded by this Act employ federal law enforcement officers and
are Federal Law Enforcement Training Centers partner
organizations. The agreement directs such agencies to consult
with the Attorney General regarding the implementation of these
programs for their law enforcement officers. The agreement
further directs such agencies to brief the Committees on
Appropriations of both Houses of Congress on their efforts
relating to such implementation not later than 90 days after
consultation with the Attorney General. In addition, the
agreement directs such agencies, to the extent they are not
already participating, to consult with the Attorney General and
the Director of the FBI regarding participation in the National
Use-of-Force Data Collection. The agreement further directs
such agencies to brief the Committees on Appropriations of both
Houses of Congress not later than 90 days after enactment of
this Act on their current efforts to so participate.
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'', the term ``climate
change'', or the term ``sea level rise'' 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.
Advanced Funds Agreements.--Under the advanced funds
authority, the Corps is authorized to accept, from a state or
political subdivision thereof, all funds covering both the
federal and non-federal share of total project costs required
to construct an authorized water resources development project
or separable element thereof. Based on the non-federal
sponsor's commitment to provide all funds required to construct
a project, or separable element thereof, the Corps may
undertake construction of the project prior to a new start
determination related to federal funding for the project. In
light of a non-federal sponsor's commitment to provide all
funding required for construction of the project, or separable
element thereof, the agreement directs that federal funds
should not be provided for such construction. Instead, for such
projects, any federal funding may be provided only after
completion of construction, as repayment of the federal share
of such construction, from funding provided for reimbursements
or repayments, and would be subject to a new start designation.
This direction is not intended to apply to any project with an
advanced funds project partnership agreement that is currently
under construction.
Asian Carp.--The Corps is currently engaged in a
multipronged effort to stop Asian carp from reaching the Great
Lakes. The long-term solution involves the Great Lakes and
Mississippi River Interbasin Study [GLMRIS], which was
authorized by Congress under Section 3061(d) of the Water
Resources Development Act of 2007 (Public Law 110-114). Until
that project is operational, a near-term solution is needed to
bring the Chicago Sanitary Ship Canal (CSSC) Fish Barrier
online to its full designed capacity. Per the GLMRIS, the
Brandon Road Lock and Dam in Joliet, Illinois, is critical to
keeping Asian carp out of the Chicago Area Waterways System,
which is the only continuous connection between the Great Lakes
and Mississippi River basins. These efforts are essential to
protecting the Great Lakes ecosystem and the $7,000,000,000
recreational fishing and $16,000,000,000 boating industries.
Last year, the Corps sent Congress an approved Chief's
Report, which included a positive recommendation for a plan to
build a comprehensive suite of measures to counter Asian carp
at the Brandon Road Lock and Dam, a critical choke point to
halt the spread of invasive species in the Illinois River. In
addition, the existing electric dispersal barrier in the CSSC
is presently the only structural measure to deter Asian carp
from reaching Lake Michigan.
As the Corps prioritizes projects, it shall consider
critical projects to prevent the spread of invasive species.
The Corps is reminded that the GLMRIS Brandon Road project is
eligible to compete for additional funding within the
Investigations account for Pre-construction Engineering and
Design (PED). The agreement notes that the Corps is finalizing
an agreement with the State of Illinois to be the lead non-
federal sponsor of the project and that the states of Illinois
and Michigan have provided funding to allow PED to move
forward. The Corps shall expeditiously work with the non-
federal sponsor to execute a design agreement.
The agreement also notes that the Corps has invested
significant resources in building and maintaining a permanent
electric barrier on the Chicago waterway system, the CSSC Fish
Barrier. There is concern that the administration has not
allocated funds to enable the Corps and the U.S. Coast Guard to
complete safety assessments necessary to ensure that upgrades
to the electric barrier are operational. The Corps is reminded
that this project may compete for additional funding needed to
complete the second electrode array, which would improve the
effectiveness of the barrier system and provide operational
redundancy. A complete CSSC Fish Barrier will ensure that the
barrier can operate at its designed capacity.
The Corps and other federal and state agencies are
conducting ongoing research on additional potential Asian carp
solutions. 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. 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 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 updates on
the progress and status of efforts to prevent the further
spread of Asian carp, including the status of completing the
upgrades to and testing of the CSSC Fish Barrier; of the design
agreement; of implementing the Brandon Road Recommended Plan;
the location and density of carp populations; the use of
emergency procedures previously authorized by the Congress; and
the development, consideration, and implementation of new
technological and structural countermeasures, including
beneficial navigational protocols.
Budget Structure Changes.--The fiscal year 2021 budget
request for the Corps proposed numerous structural changes,
including the creation of two new accounts (Harbor Maintenance
Trust Fund and Inland Waterways Trust Fund); the shifting of
various studies and projects between accounts and business
lines; and the consolidation of certain remaining items. The
agreement rejects all such proposed changes and instead funds
all activities in the accounts in which funding has
traditionally been provided. Unless expressly noted, all
projects and studies remain at the levels proposed in the
budget request but may be funded in different accounts. In
particular:
Projects proposed for funding in the Harbor
Maintenance Trust Fund account in the budget request are funded
in the Construction, Mississippi River and Tributaries, and
Operation and Maintenance accounts, as appropriate;
Dam safety modification studies, proposed in the
Investigations account in the budget request, are funded in the
Dam Safety and Seepage/Stability Correction Program within the
Construction account;
Sand mitigation projects, proposed in the Harbor
Maintenance Trust Fund account in the budget request, are
funded in the Construction account;
National Shoreline Management Study and
Interagency and International Support activities are not
consolidated within the Coordination with Other Water Resource
Agencies remaining item in Investigations;
Disposition studies will continue to be funded
under the remaining item Disposition of Completed Projects in
the Investigations account;
Tribal Partnership Projects will continue to be
funded under the Tribal Partnership Program remaining item in
the Construction account, and these amounts may be used to
cover necessary administrative expenses prior to agreement
execution;
Access to Water Data, Coastal Field Data
Collection, Hydrologic Studies, Remote Sensing/Geographic
Information System Support, Scientific and Technical
Information Centers, and Tri-Service CADD/GIS Technology Center
are not consolidated under the new proposed Technology
Application Program in Investigations;
Inspection of Completed Works, Project Condition
Surveys, Scheduling of Reservoir Operations and Surveillance of
Northern Boundary Waters will continue to be funded under
States instead of consolidated into a national program as
requested in the Operation and Maintenance account;
Inspection of Completed Works will continue to be
funded under the individual States instead of consolidated into
a national program as requested in the Mississippi River and
Tributaries;
Dam Safety and Seepage/Stability Correction
Program management costs, proposed in the Expenses account in
the budget request, are funded in the program within the
Construction account.
The Poplar Island, Maryland, beneficial use of dredged
material project has been re-categorized as within the
environmental restoration business line as is appropriate and
as was the case in previous years.
For any fiscal year, if the Corps proposes budget structure
changes, the budget proposal shall be accompanied by a display
of the funding request in the traditional budget structure.
Columbia River Treaty.-- House direction regarding the
Columbia River Treaty is not included.
Inland Waterways System.--The only direction in the
agreement is included in the Construction account.
Regional Dredge Demonstration Program.--The Corps shall
continue to provide to the Committees on Appropriations of both
Houses of Congress quarterly briefings on the status of the
demonstration program, including regular updates on the
effectiveness of the program, savings realized, and lessons
learned. The Corps is encouraged to apply effective approaches
and lessons learned under this program to other areas such as
the Atlantic region that could also achieve cost and schedule
savings.
Reporting Requirement.--The Corps shall provide to the
Committees on Appropriations of both Houses of Congress a
quarterly report that shall include the total budget authority
and unobligated balances by year for each program, project, or
activity, including any prior year appropriations. The
Assistant Secretary of the Army (Civil Works) shall provide to
the Committees on Appropriations of both Houses of Congress a
quarterly report that includes the total budget authority and
unobligated balances by year for each activity funded in the
Office of the Assistant Secretary of the Army (Civil Works)
account, including any prior year appropriations.
Unmanned Aerial Systems.--As follow-up to the reporting
requirement found in the fiscal year 2019 Senate Report, the
Corps shall brief the Committees on Appropriations of both
Houses of Congress about its findings and subsequent actions as
it relates to foreign-made small Unmanned Aerial Systems
(sUAS). The briefing shall occur not later than 90 days after
enactment of this Act and shall include the following: the
total number of sUAS in inventory and operation, including a
breakdown of those sUAS manufactured in or with critical
components produced in the People's Republic of China; and the
plan to source additional sUAS from American manufacturers.
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 2021 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 2021; 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 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 2021 and the specific reasons each study
or project was considered as being less competitive for an
allocation of funds.
New Starts.--The agreement includes nine new starts for
investigations (including one new study start in the
Mississippi River and Tributaries account) and seven new starts
in the Construction and Mississippi River and Tributaries
accounts to be distributed across the authorized mission areas
of the Corps.
Of the new starts in the Investigations account three shall
be for flood and storm damage reductions studies, of which one
shall be for a coastal storm damage reduction study; two shall
be for navigation studies; two shall be for environmental
restoration studies; and one shall be for a multi-purpose
watershed study to assess coastal resiliency. Of the new
construction starts, three shall be for navigation projects,
one of which shall be for an inland waterways lock and dam
modernization project, and one of which shall be for a small or
medium-sized harbor; one shall be for an environmental
restoration project; one shall be for an environmental
restoration project or a multi-purpose project; one shall be
for a flood and storm damage reduction project; and one shall
be for a flood and storm damage reduction project or a multi-
purpose project. No funding shall be used to initiate new
programs, projects, or activities in the Operation and
Maintenance account. The Corps is reminded that public-private
partnership (P3) pilot projects are eligible to compete for new
starts in Construction. The Corps shall only allocate up to
$500,000 for feasibility studies that are being funded in their
first year.
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 2021 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 2014shall 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. The initiation of construction of
an individually authorized project funded within a programmatic line
item may not require a new start designation provided that some amount
of construction funding under such programmatic line item was
appropriated and expended during the previous fiscal year. 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, 2021, 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 $153,000,000 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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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 recommended in this account for
environmental restoration or compliance, the Corps shall
allocate not less than $6,500,000 for ecosystem restoration
projects in the PED phase that have been funded for PED within
the last three years and provide benefits to multiple states.
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
$2,340,000 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 recommended in this account for
shore protection, the Corps shall allocate not less than
$1,500,000 for the PED phase of beach re-nourishment projects
that have been authorized by Congress for construction.
Of the additional funding provided in this account for
flood and storm damage reduction, the Corps shall allocate not
less than $1,500,000 for PED to projects that are located in
economically disadvantaged communities where the 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 recommended in this account, the
Corps shall allocate not less than $1,100,000 to PED activities
for ecosystem restoration projects that also provide additional
flood storage capacity by restoring the natural habitat.
Of the additional funding recommended in this account, not
less than $3,500,000 shall be to continue progress on studies
that address coastal resilience identified in the North
Atlantic Coast Comprehensive Study.
Of the additional funding recommended in this account, not
less than $809,000 shall be to update project economics on the
inland waterways system.
Of the additional funding recommended in this account, not
less than $500,000 shall be allocated to studies that would re-
evaluate options to address eroding shorelines.
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; projects located in
areas that have suffered recent natural disasters; are for
projects that protect life and property; projects to restore
floodplain and aquatic habitat through cost-effective and
tested means; studies with a primary focus on flood risk
management within a basin that experiences recurring flash
flooding; or 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
and that no new start or new investment decision shall be
required when moving from feasibilityto PED. The Corps is
reminded that activities related to innovative materials, as required
under section 1208 of AWIA 2018 are eligible for funding under the
Research and Development remaining item. The Corps is encouraged to
consider studies that investigate the impacts of ship channels on beach
nourishment projects.
Arkansas River Flooding.--The Corps is directed to evaluate
all of its authorities for assessing whether the purchase of
additional flood easements along the Arkansas River in
northeast Oklahoma and western Arkansas would significantly
reduce the severity and duration of flood events. The Corps is
directed to brief the Committee not later than 60 days after
enactment of this Act on its findings. The agreement further
directs the Corps to work with the Federal Emergency Management
Agency on opportunities to implement such measures.
Bubbly Creek.--There is disappointment that negotiations
between the Corps, the Environmental Protection Agency, and the
Department of Justice over remaining liability concerns have
yet to produce an outcome that will allow the project to move
forward. The parties are urged to expedite efforts to reach a
resolution and the agreement reiterates House direction
regarding a briefing on these negotiations.
Central & South Florida Project.--The Corps is urged to
maintain continued attention to the need of the South Florida
economy and environment for a functioning flood control system.
Chacon Creek, Texas.--The Corps is reminded that flood
mitigation projects like Chacon Creek in Laredo, Texas, are
eligible to compete for additional funding provided within this
account.
Chicago River.--The Corps is encouraged to work with the
City of Chicago River Ecology and Governance Task Force toward
a comprehensive ecosystem restoration solution for the
restoration of the Chicago River.
Chicago Shoreline.--Concerns persist that lake levels in
the Great Lakes are predicted to surpass record high levels.
The Corps is encouraged to reevaluate the conclusions of the
original feasibility report to assess federal interest in
providing additional coastal protection along the Chicago
shoreline.
Coastal Field Data Collection.-- The agreement includes an
additional $1,000,000 above the budget request amount of
$1,000,000 to continue data collection and research on the
impact of extreme storms in coastal regions. The Corps is
encouraged to include increased funding in future budget
submissions.
Disposition of Completed Projects.--The Corps is directed
to provide to the Committee copies of disposition studies upon
completion.
Flood Policy in Urban Areas.--There is concern about the
delay in receiving the Flood Policy Within Urban Areas report
as required by section 1211 of America's Water Infrastructure
Act of 2018 (Public Law 115-270). The Corps shall brief the
Committees on Appropriations of both Houses of Congress not
later than 45 days after enactment of this Act on the findings
of this report.
Great Lakes Coastal Resiliency Study.--The Corps is
reminded that the Great Lakes Coastal Resiliency study is
eligible to compete for a new start as provided in this Act.
Great Lakes Mississippi River Interbasin Study [GLMRIS].--
The budget request does not reflect the urgency of moving
forward as quickly as possible on interim steps to prevent the
upstream movement of Asian carp through the Illinois River
toward Lake Michigan.
Hartford and East Hartford, Connecticut Levee Systems.--The
Corps is encouraged to consider the urgency of this effort when
allocating the additional funding recommended in this account.
Kanawha River Basin Study.--Severe flooding in the Kanawha
River Basin continues to be an issue, with a recent flood event
in June 2016 claiming 23 lives and damaging over 4,600 homes. A
2017 report approved by the Corps recommended a comprehensive
flood risk management study to address residual risk and
flooding in areas not protected by current Corps projects,
where there are significant life and safety concerns. The Corps
is reminded this study is eligible to compete for additional
funding provided in this account and the Corps is encouraged to
include appropriate funding in future budget submissions.
Kenai Bluffs Erosion.--The Corps is encouraged to move as
expeditiously as possible to PED and urged to include
appropriate funding in future budget submissions.
Laurel, Maryland.--The Corps is encouraged to continue its
partnership with the city of Laurel, Maryland to provide
assistance in updating tools needed to develop flood risk
reduction alternatives to assist local communities in flood
resiliency efforts along the Patuxent River.
Lower Missouri River Basin.--In the Spring of 2019, the
Missouri River Basin experienced record flooding as result of
saturated soils and high water levels from unprecedented
rainfall and snowmelt runoff. This resulted in billions of
dollars in damage to homes, businesses, and levees along the
river. In response to these events, Congress provided resources
and the Corps included in its work plan a new start for a flood
risk management study, the Lower Missouri Basin Flood Risk and
Resiliency Study, IA, KS, NE and MO. Flooding in the Lower
Missouri River Basin continues to increase, proving the need
for a more comprehensive, system-wide plan for long-term flood
risk reduction. The Corps is urged to work with pertinent state
and federal agencies and stakeholders to identify authorities,
resources, and opportunities available to support such an
effort. The Corps shall brief the Committees on Appropriations
of both Houses of Congress not later than 60 day after
enactment of this Act on recommendations for development of a
comprehensive, system-wide plan for the Lower Missouri Basin.
This briefing shall include what resources and additional
authorities would be needed; the challenges and limitations,
including policy and funding concerns; and an overview of the
steps that would be necessary to complete the comprehensive
system plan.
McClellan-Kerr Arkansas River Navigation System [MKARNS].--
There is understanding that this project has capability in
fiscal year 2021 to update the economic impacts of the project.
The Corps is reminded that this project can compete for
additional funding provided in this account and encouraged to
include appropriate funding in future budget submissions.
McMicken Dam, Arizona.--The Corps shall brief the
Committees on Appropriations of both Houses of Congress not
later than 90 days after enactment of this Act on how it
considers the value of national security in prioritizing and
formulating studies and projects.
National Historic Landmarks.--The Corps is encouraged to
expedite the completion of flood and storm damage reduction
studies related to preserving National Historic Landmarks that
are immediately threatened by shoreline erosion, such as the
bridge in Selma, Alabama.
Natural Infrastructure Options.--The Corps is directed to
engage with state and local governments and non-profit
organizations, where appropriate, on projects in diverse
geographic areas that incorporate natural infrastructure, and
is encouraged to incorporate such features into projects during
the project formulation phase, where appropriate and effective.
Nome, Alaska.--The Corps is reminded that projects such as
the Port of Nome, Alaska, are eligible to compete for
additional funding provided in this account.
North Atlantic Coast Focus Area Studies.--There is
significant disappointment that the administration discontinued
funding for several ongoing studies to address flood damage and
loss of life along the Atlantic coastline. In the wake of
Hurricane Sandy, the North Atlantic Coast Comprehensive Study
was authorized to address coastal storm and flood risk to
vulnerable populations, property, ecosystems, and
infrastructure, including the Baltimore Coastal Storm Risk
Management, the Nassau County Back Bays, the New Jersey Back
Bays, the New York-New Jersey Harbor and Tributaries, the
Delaware Inland Bays, Delaware Bay Coast focus area studies.
Completion of these focus area studies, is critical to
determining the best course of action to mitigate future
damage. The Corps is reminded that these studies are eligible
to compete for additional funding provided in this account, and
the Corps is encouraged to include appropriate funding for
these studies in future budget submissions.
North Atlantic Division Report on Hurricane Barriers and
Harbors of Refuge.--The Corps is directed to brief Committees
on Appropriations of both Houses of Congress not later than 90
days after enactment of this Act on the status and path forward
for the North Atlantic Division report on hurricane barriers
and harbors of refuge mandated under Section 1218 of America's
Water Infrastructure Act of 2018 (Public Law 115-270).
Planning Assistance to States.--The Corps is reminded that
this program encompasses many types of studies and technical
assistance dealing with a number of water resource issues,
including but not limited to, sediment management, state water
planning, water distribution, and water supply evaluations.
Planning Assistance to States, Vulnerable Coastal
Communities.--The Corps is encouraged to continue building
capacity to provide this assistance to vulnerable coastal
communities, including tribal communities.
Puget Sound Nearshore Study.--The Corps is encouraged to
proceed with the tiered implementation strategy using all
existing authorities as outlined in the Puget Sound Nearshore
Ecosystem Restoration Project Feasibility Study, Completion
Strategy Guidance dated June 2015. The Corps is directed to
recognize the Puget Sound Nearshore Study as the feasibility
component for the purposes of section 544 of the Water
Resources Development Act of 2000 (Public Law 106-541) and is
reminded that this study is eligible to compete for additional
funding provided in this account.
Research and Development.--The Corps is encouraged to
engage in monitored field trials of coastal restoration
optimized for blue carbon COT2 sequestration. The agreement
notes that certain machine learning and artificial intelligence
initiatives are underway, including the Numerical Modeling
Modernization and Data25 initiatives, and urges the Corps to
continue this work. Lastly, the Corps is encouraged to
collaborate with university partners to improve the
capabilities for improving the integrity and performance of the
nation's levee systems.
Research and Development, Biopolymers.--The agreement notes
the importance of earthen infrastructure to support safety,
flood control, and water distribution systems (dams and
levees). The agreement notes the value of research into the use
of biopolymers to rehabilitate these deteriorating structures,
reduce the costs of rehabilitating and maintaining these
structures, and increase resiliency of these structures against
potential threats. The agreement includes $4,000,000 for these
activities.
Research and Development, Freshwater Intrusion.--The
Committee recognizes the need to develop tools to assess,
forecast, and proactively manage the hydrodynamic and
environmental impacts of large-scale freshwater intrusion into
the Mississippi Sound and surrounding waters. These consistent
freshwater intrusions have been detrimental to the Mississippi
Sound and the U.S. blue economy. The Corps is encouraged to
partner with academia with expertise in coastal processes and
ocean and hydrodynamic modeling to develop these tools.
Research and Development, Future Work.--The agreement
recognizes the value of research topics currently being
addressed by the Army Engineer Research and Development Center
[ERDC]. ERDC and the Corps have identified a series of critical
research categories that will advance the efficient
implementation of the Civil Works mission and provide value to
the nation, including by leveraging the expertise of
universities through partnerships. ERDC is directed to brief
the Committees on Appropriations of both Houses of Congress not
later than 90 days after enactment of this Act on future
research needs, including multi-year funding requirements, and
potential university partnerships related to strategic goals to
advance the Civil Works mission. Potential specific topics
include, but are not limited to: increasing resilience through
natural infrastructure on drought-prone lands; the use of
biopolymers to improve the integrity of earthen structures;
forecasting coastal processes to protect infrastructure;
developing capabilities to improve the structural integrity of
levees and dams; the opportunities for polymer composites to
increase the durability of infrastructure; and the impacts of
freshwater intrusion into estuaries.
Research and Development, Innovative Technologies for
Resilient Infrastructure.--There is recognition that research
is needed to test and refine use of rapid, repeatable, and
remote methods for long-term monitoring of critical water
infrastructure. The Corps is encouraged to partner with
academia to research and manage emerging threats to attain
resilient flood control structures.
Research and Development, Modeling.--The recommendation
provides $2,000,000 to support research into predictive models
and field-based research into geochemical, geophysical, and
sedimentological analysis and modeling of diverse field sites
on contemporary and historic time frames. It is understood that
with continued funding, this effort will be completed in four
years.
Research and Development, Oyster Reefs.--The agreement
provides $2,220,000 for the Corps to partner with research
universities to conduct oyster reef restoration research and
understand that with continued funding this effort will be
completed in fiscal year 2022.
Research and Development--Urban Flood Damage Reduction and
Stream Restoration in Arid Regions.--The agreement includes an
additional $3,000,000 in the Research and Development remaining
item for the Corps' Flood and Coastal Systems R&D Program for
Post-Wildfire and Debris Flow Urban Flood Damage Reduction in
Arid Regions. The tools and technologies developed under this
program should also be applicable to other parts of the
country. The Corps is encouraged to collaborate with research
partners on these efforts. There is understanding that with
continued funding this effort will be completed in four years.
Salton Sea, California.-- The Corps is reminded that this
study is eligible to compete for a new start as provided in
this Act.
San Diego County, California (Formerly Encinitas and Solana
Beach, California).--In the project vicinity, eight people have
lost their lives of the past several years due to multiple
bluff collapses caused by coastal erosion. Therefore, the Corps
is reminded that this project (formerly known as the Encinitas
and Solana Beach Coastal Storm Damage Reduction Project) is
eligible to compete for additional funding provided in this
account.
South Atlantic Coastal Study.--The Corps shall consult with
industry groups, academia, and non-governmental organizations
who can provide specialized expertise and coordinate
appropriate attention and interest in the study's design and
implementation from relevant stakeholders, including coastal
state agencies, local officials, and private coastal scientists
and engineers. The Corps is urged to ensure due consideration
of near-shore marine habitat with potential impacts of coastal
flooding and inundation within the scope of this study and
where possible, ensure the full interoperability of modeling
work and data analysis conducted for this study and other
inland flood control and aquatic ecosystem restoration projects
bordering the study area.
Upper Des Plaines River and Tributaries Project, Illinois
and Wisconsin.--The Corps is urged to cooperate with the non-
federal sponsor as it prepares to advance work on a number of
flood features under section 204 of the Water Resources
Development Act of 1986.
There is also awareness of local concerns about the impact
the proposed Foxconn project in Wisconsin may have on flooding
in communities downriver in Illinois surrounding the Des
Plaines River. As the Corps re-evaluates the project, it is
encouraged to take the impacts of the proposed Foxconn project
into consideration.
Upper Mississippi River-Illinois Waterway System.--There is
recognition of the importance of advancing the Navigation and
Ecosystem Sustainability Program (NESP), as authorized in Title
VIII of the Water Resources and Development Act of 2007 (Public
Law 110-114), for the Upper Mississippi region and the nation's
economy. Congress has already appropriated more than
$66,000,000 in PED funding for this program. The Corps is
reminded that this project is eligible to compete for
additional funding provided in this account.
Upper Missouri River Basin Flood and Drought Monitoring.--
To prevent additional unnecessary delays to the implementation
of this program, a new remaining item in the O&M account titled
``Soil Moisture and Snowpack Monitoring'' has been created for
these activities. The Corps is directed to use the funding
provided in fiscal year 2020 in the Hydrologic Studies
remaining item along with the additional funding provided in
the new remaining item in the Operation and Maintenance account
to carry out the activities authorized in section 4003(a) of
the Water Resources Reform and Development Act of 2014.
Upper Ohio Navigation System.--There is understanding of
the importance of the Upper Ohio Navigation system and of
modernizing its facilities. The Corps is encouraged to include
continued PED work in future budget requests.
Watertown, South Dakota.--The Corps is reminded that this
study is eligible to compete for additional funding provided in
this account.
Water Quality and Salinity Impacts on Oyster Reefs.--The
Corps is encouraged, when conducting or reviewing environmental
assessments or environmental impact statements for navigation
or coastal restoration projects in areas where oyster reefs
exist, to consider water quality and salinity impacts on those
reefs and, when appropriate, to mitigate any negative impacts.
Willamette River.--The Corps is directed to prioritize
environmental restoration for urban area floodplain and aquatic
habitat through cost effective means, such as fish passage and
culvert replacement. These efforts should benefit all Columbia
River and Willamette River salmon and steelhead listed under
the Endangered Species Act (ESA) and Pacific Lamprey, which is
a culturally, and ecologically important species and treaty-
reserved resource to the Pacific Northwest Tribal Nations.
CONSTRUCTION
The agreement includes $2,692,645,000 for Construction.
The agreement includes legislative language regarding the
Inland Waterways Trust Fund.
The allocation for projects and activities within the
Construction account is shown in the following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Updated Capability.--The agreement adjusts some project-
specific allocations downward from the budget request based on
updated information.
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
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 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 partnership agreements and that have completed
construction or where non-Federal sponsors intend to use the
funds for additional water resource development activities.
Of the additional funds provided in this account, the Corps
shall allocate not less than $39,638,000 to projects with
riverfront development components.
Of the additional funding provided in this account for
navigation and other authorized project purposes, the Corps
shall allocate not less than $59,200,000 to continue activities
to construct new navigation infrastructure for locks not on the
inland waterways system and Corps-owned bridges.
Of the additional funding provided in this account for
flood and storm damage reduction and flood control, the Corps
shall allocate not less than $29,000,000 to continue
construction of projects that principally address drainage in
urban areas.
Of the additional funding provided in this account for
flood and storm damage reduction and flood control, the Corps
shall allocate not less than $10,000,000 to additional
nonstructural flood control projects.
Of the additional funding provided in this account, the
Corps shall allocate not less than $15,400,000 to hurricane and
storm damage risk reduction projects in a comprehensive plan
with authorized environmental restoration 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
$50,204,000 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 to life and public
health and safety, and 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, that 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 owed past
reimbursements, 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, which includes a total appropriation of $113,000,000
from the IWTF for ongoing construction projects and one new
IWTF cost-shared project to be started in fiscal year 2021. The
Corps shall continue to prioritize ongoing construction
projects and 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. The agreement
rejects the budget request's proposal to reform Inland
Waterways financing by increasing the amount paid by commercial
navigation users of inland waterways. 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 Corps is reminded that it was directed to develop
metrics for the selection of environmental infrastructure
projects that receive funds and provide a report on such
metrics to Congress. 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 status of these
efforts. Additionally, the Corps shall include in this
briefing: a comprehensive listing of all authorized
environmental infrastructure authorities, including total
costs; a snapshot of all environmental infrastructure
authorities funded in the last 10 years; and a plan for how the
metrics for prioritization of environmental infrastructure
projects may guide the Corps' future funding considerations
under the program.
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.
Advanced Measures.--The Corps is encouraged to fully use
the authorities granted to it under the Advanced Measures
program to mitigate impacts expected to occur in the Great
Lakes Basin as a result of record-high and near-record-high
water levels.
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 additional funding
provided for the Aquatic Plant Control Program, $15,000,000
shall be for watercraft inspection stations, as authorized in
section 104 of the River and Harbor Act of 1958, equally
distributed to carry out subsections (d)(1)(A)(i),
(d)(1)(A)(ii), and (d)(1)(A)(iii), and $3,000,000 shall be for
related monitoring. The agreement provides $1,000,000 for
nationwide research and development to address invasive aquatic
plants, and activities for monitoring, surveys, and control of
flowering rush and hydrilla verticillate and $6,000,000 shall
be for nationwide research and development to address invasive
aquatic plants, within which the Corps is encouraged to support
cost-shared aquatic plant management programs. The agreement
also includes House direction, including a briefing, on
mechanical harvesting.
Barrow Alaska Coastal Erosion.--The flooding and erosion
experienced in Barrow, Alaska presents significant risk to life
and safety, threatens the community's only drinking water
source, and creates risk from environmental contamination. The
Corps is reminded this project is eligible to compete for
additional funding provided in this account and is encouraged
to include appropriate funding in future budget submissions.
Beneficial Use of Dredged Material Pilot Program.--The
agreement reiterates House direction on this topic.
Bird Drive Basin Conveyance, Seepage Collection, and
Recharge.--The Corps is encouraged to work with the Department
of the Interior and the South Florida Water Management District
to quickly identify a consensus project footprint between SW
8th Street and the C-1W Canal to the south, immediately east of
Krome Avenue, to enable Miami-Dade County and the Miami-Dade
Expressway Authority, or any successor organization, to begin
necessary land acquisitions in support of the creation of a
West Kendall Everglades Buffer and progress towards completing
an important element of the Central Everglades Restoration
Plan.
Biscayne Bay Coastal Wetlands Project.--The Corps is
encouraged to consider all available opportunities to increase
environmental benefits to the coastal estuarine and glades
habitats included in the study area.
Camp Ellis Beach, Saco, Maine.--The Corps is directed to
continue collaborative efforts to address the continued
erosion.
Cano Martin Pena, Puerto Rico.--The agreement notes the
environmental degradation and persistent flooding that
disadvantages communities abutting the channel, as evidenced by
Hurricanes Irma and Maria. There remains interest in the timely
advancement of this project given the years of significant
planning that have been undertaken and its purpose in restoring
a critical watershed and the natural functioning of the tidal
system in the San Jose Lagoon and the San Juan Bay Estuary.
There is concern about the lost opportunities and delays
arising due to the lack of funding to start construction of
this important project. The Corps is encouraged to include
appropriate funding for this project in future budget
submissions and to work with the non-federal sponsor to advance
the project to the next phase at the earliest practicable
opportunity. The agreement reiterates House direction regarding
briefing requirements.
Central Everglades Planning Project [CEPP].--The Corps is
urged to expedite the required validation reports for PPA North
and PPA New Water and to begin design and construction of
components for PPA South and PPA New Water as soon as
practicable to complement the efforts of the South Florida
Water Management District. The Everglades Agricultural Area
(EAA) Storage Reservoir is considered an element of CEPP,
consistent with section 1308 of America's Water Infrastructure
Act of 2018 (Public Law 115-270) which anticipated the EAA
Storage Reservoir to be designed and constructed as a component
of CEPP, rather than as a discrete project.
CERP-Indian River Lagoon-South.--The Corps is encouraged to
move on to the final construction of the C-44 Reservoir, and to
expedite design work on the C-23 and C-24 Reservoirs that,
along with the C-44 Reservoir, will serve as crucial elements
of the Indian River Lagoon-South project to collect and clean
Lake Okeechobee discharges and basin runoff before excess
nutrients are able to enter the fragile lagoon ecosystem.
Chesapeake Bay Comprehensive Water Resources Restoration
Plan and Oyster Recovery.--The Corps is reminded that the
Chesapeake Bay Comprehensive Water Resources and Restoration
Plan and the Chesapeake Bay Oyster Recovery Program are
eligible to compete for the additional funding provided in this
account, and the Corps is encouraged to provide appropriate
funding in future budget submissions.
Construction Funding Schedules.--A complete and reliable
cost estimate with an out-year funding schedule is essential to
understanding current funding and future funding requirements
within the Corps' Construction portfolio. A comprehensive
outlook of these dynamic requirements is necessary for Congress
to consider and balance funding allocations annually, and to
assess the long-term effects of new investment decisions.
Therefore, not later than 90 days after enactment of this Act
and annually thereafter, the Chief of Engineers shall submit
directly to the Committees on Appropriations of both Houses of
Congress, a breakdown, by fiscal year, of the full and
efficient federal funding needs for each active construction
project in the Corps' Civil Works program. For each project
identified, the Corps shall also provide the total project cost
with a breakdown between the federal and non-federal costs, and
any applicable authorization ceiling. For the purposes of this
report, an active project shall mean any project with an
expressed capability in the current or following fiscal year,
which has received construction account appropriations,
including those funded in a supplemental, and has remaining
costs to be funded from the construction account. These funding
requirements shall be based on technical construction
sequencing and realistic workflow and shall not be altered to
reflect administrative policies and priorities or any assumed
limitation on funding available.
Continuing Authorities Program.--Funding is provided for
nine CAP sections at a total of $69,500,000. The management of
CAP shall continue consistent with direction provided in
previous fiscal years. Not later than 90 days after enactment
of this Act, the Corps shall brief the Committee on how the
Corps prioritizes CAP projects for funding and on program
execution.
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 CAP 205.
Within the section 1135 CAP authority, and to the extent
already authorized by law, the Corps is reminded that projects
that restore degraded wetland habitat and stream habitat
impacted by construction of Corps levees or channels, including
those with executed Feasibility Cost Share Agreements, are
eligible to compete for funding. The Corps is reminded that
projects that restore degraded wetland habitat and stream
habitat impacted by construction of Corps levees or channels,
and projects that will divert significant pollutant nutrient
runoff from entering wetland habitats, are eligible to compete
for funding.
The Corps is encouraged to expedite the implementation of
feasibility studies approved in 2019 under section 206 of the
Flood Control Act of 1958 and reminded that projects approved
in 2019 are eligible to compete for funds provided under
section 206.
Deep Creek Bridge Replacement.--The Corps is reminded that
the ongoing Atlantic Intracoastal Waterway bridge replacement
project is eligible to compete for additional funding provided
in this account.
Duwamish River at South Park, Washington.--The Corps is
urged to continue its ongoing work with local stakeholders to
determine appropriate flood risk mitigation measures and is
reminded that this project is eligible to compete for
additional funding recommended in CAP section 205.
Gulf Coast Oyster Restoration.--The Corps is encouraged to
include appropriate funding in future budget submissions.
Howard Hanson Dam, Washington.--The Corps is directed to
work expeditiously on this project in order to meet the 2030
deadline established in the Biological Opinion.
Lake Champlain Watershed.--The Corps is reminded that
section 542 of Water Resources Development Act of 2000 (Public
Law 106-541) as amended, authorizes the Corps to provide
assistance to non-federal interests to address a range of
environmental issues in the Lake Champlain Watershed in Vermont
and New York. The Corps is further reminded that projects in
the Lake Champlain Watershed are eligible to compete for
additional funding provided in this account.
Lakes Marion and Moultrie, South Carolina.--The Corps is
reminded that the Lakes Marion and Moultrie regional water
supply project is eligible to compete for additional funding
provided in this account.
McClellan-Kerr Arkansas River Navigation System, Arkansas
and Oklahoma.--The Committee recognizes the importance of the
12-foot navigational channel project to the McClellan-Kerr
Arkansas River Navigation System. The Corps is encouraged to
continue working with stakeholders and is reminded that this
project is eligible to compete for additional funding provided
in this account.
Mud Mountain Dam.--The Corps is encouraged to uphold the
agency's ESA and Tribal treaty responsibilities by completing
construction of the fish passage facility and fully
implementing the Biological Opinion requirements by the end of
2020.
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
so as to eliminate or reduce the need for perimeter levees,
optimize costs and benefits, and facilitate interim uses of the
property. The Corps is encouraged to move forward with timely
approval of the agreement. The non-federal sponsor also is
moving forward with the Corps 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 closely with the
non-federal sponsor in the economic update in order to have a
strong basis for the development of a decision document that
focuses on identifying the remaining justified features for
construction completion.
New Buffalo, Michigan.--The agreement reiterates House
direction regarding a briefing on this issue.
New Programs Requested in the Budget Proposal.--The budget
request includes a proposal for $250,000,000 for projects
carried out under section 1043 of the Water Resources Reform
and Development Act of 2014, ``Non-federal Implementation Pilot
Program.'' This pilot program was authorized to allow the
transfer of federal funds to non-federal interests for them to
perform studies and construct projects. The agreement rejects
the idea that the method of project execution should be used to
prioritize projects for federal funding and provides no funds
for such an effort. The Corps is directed to provide the
briefing required in the fiscal year 2020 Act not later than 45
days after enactment of this Act.
Due to ongoing concerns, the Corps shall notify the
Committees on Appropriations of both Houses of Congress upon
receiving any proposal from a non-federal interest requesting
to utilize the section 1043 authority. The Corps shall not
negotiate or enter into a project partnership agreement to
transfer funds to a non-federal interest utilizing this
authority unless approval is received from the Committees on
Appropriations of both Houses of Congress. None of the funds
provided in this Act shall be used under this authority for a
project where construction has been started but not completed.
The Corps shall brief the Committees on Appropriations of both
Houses of Congress not later than 45 days after enactment of
this Act on activities carried out under the section 1043 pilot
program, including the Corps' implementation guidance and any
existing or potential agreements.
The budget request also includes $250,000,000 for an
Innovative Funding Partnerships Program to be used along with
funds from non-federal interests ``in excess of the sponsor's
statutory cost share requirements'' to carry out certain
authorized projects. This is a blatant attempt to require
funding in excess of legally required cost share as a criterion
for funding decisions, which is contrary to long-standing
congressional direction. No funds are provided for this
proposal. The agreement notes, however, that any project that
could have received funding under such a program is eligible to
compete for the additional funding provided in this account
based on the project performance criteria described in this
report.
New Savannah Bluff Lock and Dam, Georgia and South
Carolina.--The agreement reiterates House direction regarding a
briefing on this project.
Norfolk Harbor and Channels Deepening, Virginia.--The Corps
is reminded that the Norfolk Harbor and Channels Deepening
project is eligible to compete for funding from the additional
funds provided in this account and eligible to compete for a
new construction start provided in this Act.
Port of Brownsville Deepening Project, Texas.--The Corps is
reminded this project is eligible to compete for a new
construction start as provided in this Act.
Portsmouth and Piscataqua River, New Hampshire.--The Corps
is reminded this project is eligible to compete for a new
construction start as provided in this Act.
Projects in Drought-Stricken Areas.--The Corps is reminded
that any authorized projects that would alleviate water supply
issues in areas that have been afflicted by severe droughts in
the last three fiscal years are eligible to compete for
additional funding provided in this account.
Salton Sea, California.--The Corps is encouraged to
expeditiously move forward to carry out section 3032 of Public
Law 110-114.
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 2021, 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 September
30, 2021.
Strategic Arctic Port.--The Corps is urged to move
expeditiously on this project and is reminded that this project
is eligible to compete for additional funding provided in this
account, to decrease risks to life and safety from the
increased traffic in the region, and to provide a port to
military assets.
The Dalles Dam, Tribal Housing.--The Corps is encouraged to
complete the Village Development Plan in consultation with
affected Columbia River tribes and the Bureau of Indian
Affairs.
Upper Mississippi River Restoration Program [UMRR], Quincy
Bay.--Over the past 70 years, river traffic has led to the
environmental degradation of Quincy Bay, and the Corps included
funding to start this restoration project in its budget
request. Therefore, the Corps is encouraged to include
appropriate funding for this project in future budget
submissions.
West Sacramento Project.--The Corps is reminded that this
project is eligible to compete for a new construction start as
provided in this Act and is encouraged to include appropriate
funding for this project in future budget submissions.
Whittier Narrows, California.--The agreement reiterates
House direction regarding a reporting requirement.
MISSISSIPPI RIVER AND TRIBUTARIES
The agreement includes $380,000,000 for Mississippi River
and Tributaries.
The allocation for projects and activities within the
Mississippi River and Tributaries account is shown in the
following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Additional Funding.--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.
Additional funding is also provided in this account to initiate
a new feasibility study.
When allocating the additional funding recommended 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.
Of the additional funds recommended 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.
Delta Headwaters Project.--The agreement recognizes the
importance of erosion control in headwater streams and
tributaries, and the environmental, water quality, and sediment
reduction benefits it provides downstream. When allocating
additional funds recommended in this account, the Corps is
directed to give adequate consideration to cooperative projects
addressing watershed erosion, sedimentation, flooding, and
environmental degradation.
Lower Mississippi River Watershed.--The agreement notes
negative impacts in the Mississippi River system as a result of
multiple high-water events in recent years. The Corps shall
brief the Committees on Appropriations of both Houses of
Congress not later than 90 days after enactment of this Act on
actions taken to manage the river over the past three years and
any impacts of such actions on ecosystem restoration,
navigation, flood control, water quality, and others. Congress
has heard from stakeholders that the construction of new water
resources development projects, improved data collection
methods, and structural and operation modifications to existing
projects are critical to better understand changing hydraulic
features and to effectively manage and respond to future high-
water events, and that a study is necessary to fully understand
such opportunities. Congress acknowledges that authorized
comprehensive studies are eligible to compete for additional
funding provided in the account. Congress expects any studies,
updates, and changes to be made with the appropriate public
involvement.
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.
OPERATION AND MAINTENANCE
The agreement includes $3,849,655,000 for Operation and
Maintenance.
The allocation for projects and activities within the
Operation and Maintenance account is shown in the following
table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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 2021.
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 $2,000,000 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. ability to address hazardous barriers to navigation due
to shallow channels;
10. dredging projects that would provide supplementary
benefits to tributaries and waterways in close proximity to
ongoing island replenishment projects;
11. risk of imminent failure or closure of the facility;
12. extent to which the work will promote recreation-based
benefits, including those created by recreational boating;
13. improvements to federal breakwaters and jetties where
additional work will improve the safety of navigation and
stabilize infrastructure to prevent continued deterioration;
14. 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
15. 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. maintenance of dredge disposal activities;
h. lack of alternative means of freight movement;
i. savings over alternative means of freight movement; and
j. 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 Control Research.--Harmful Algal Blooms
[HABs] continue to threaten local communities, ecosystems,
human health, drinking water sources, and local outdoor
economies across the nation. These algae overgrowths produce
dangerous toxins in fresh and marine waters that can sicken or
kill people and animals, create dead zones, and raise treatment
costs for drinking water. The devastating effects of HABs occur
across multiple ecoregions from large freshwater lakes like
Lake Erie in the Great Lakes, the Finger Lakes in New York, and
Lake Okeechobee in Florida, to large inland waterways like the
Ohio River where a 2015 event persisted for over a month
involving over 700 miles of waterway.
The recommendation provides $4,000,000 to supplement
activities related to harmful algal blooms and directs the
Corps to target freshwater ecosystems. The recommendation also
provides $3,500,000 to supplement activities related to harmful
algal blooms and directs the Corps to work collaboratively with
appropriate university partners to address harmful algal blooms
formation, detection, and remediation to enhance protection of
vital U.S. water resources. There is awareness of the need to
develop next generation ecological models to maintain inland
and intracoastal waterways and the agreement provides
$7,325,000 for this purpose. The Corps shall submit to the
Committee not later than 90 days after enactment of this Act a
report on these activities.
Not later than 180 days after enactment of this Act, the
Corps shall develop a comprehensive research plan for
addressing the various and abundant HAB-related research needs.
Included in this plan shall be a scope for each activity
identified; the required annual funding needs and timeline to
complete each research activity; how this research will provide
specific value to the Corps' mission; how the Corps will
balance needs across multiple regions and system types; and
what opportunities will be available to partner with academia,
outside organizations, and other federal agencies, where
appropriate. 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 this plan.
Additional funding recommended in this remaining item is to
supplement and advance Corps activities to address HABs and
develop the comprehensive plan. Within these funds, the Corps
is encouraged to continue investigating successful methods for
combatting HABs; investigate harmful algal blooms across
multiple ecoregions to predict HAB occurrence and toxicity,
including in riverine ecosystems; identify and develop improved
strategies for early detection, prevention, and management
techniques and procedures to reduce the occurrence and impacts
of harmful algal blooms in the nation's water resources;
facilitate collaboration with university partners to assess the
impacts of environmental triggers in riverine ecosystems to
advance prediction, avoidance, and remediation efforts for
harmful algal blooms; and improve early warning capabilities,
which may include the use of UAS/drones to detect and monitor
HABs.
Asset Management/FEM.--The recommendation provides
$2,000,000 above the request for research on novel approaches
to repair and maintenance practices that will increase civil
infrastructure intelligence and resilience. The agreement
reiterates House direction on a briefing requirement.
The agreement includes $1,000,000 in additional funding to
continue the review of its inventory as required by section
6002. Additional funding is provided to continue to assess the
inventory of the structural condition of federal breakwaters
and jetties protecting harbors and inland harbors. The Corps
shall brief the Committees on how much of this work has been
accomplished, a timeline for completion of the inventory and
preliminary cost estimates for federal breakwaters and jetties
listed in poor or critical condition, not later than 60 days
after enactment of this Act.
Funds are also included to develop new approaches in
materials research, mechanical engineering, manufacturing that
leverages integrated advances in novel computational materials
engineering, atomic-scale materials physics, data science, and
additive manufacturing to transform the maintenance and repair
process, including the ability to remotely rehabilitate
infrastructure.
Asset Management/FEM, Infrastructure Resilience.--The Corps
shall brief the Committees on Appropriations of both Houses of
Congress not later than 90 days after enactment of this Act on
opportunities to research novel repair and maintenance
approaches that will increase Civil Works infrastructure
intelligence and resilience.
Cape Cod Canal Bridges.--The agreement recognizes the
urgent need and magnitude of this project, and encourages the
Corps to continue supporting the Commonwealth of Massachusetts
in efforts to develop a strategy to replace the bridges based
on the findings of the March 2020 Cape Cod Canal Highway
Bridges Major Rehabilitation Evaluation Report. The Corps is
reminded that this project is eligible to compete for
additional funding provided in this account.
Central Louisiana Ecosystem Protection and Restoration Task
Force.--The Corps is encouraged to establish the Task Force
authorized by section 7004 of the Water Resources Development
Act of 2007 to improve coordination of ecosystem restoration in
the Louisiana Coastal Area.
Coastal Inlet Research Program.--The agreement includes
additional funding for the Corps-led, multi-university effort
to identify engineering frameworks to address coastal
resilience needs; to develop adaptive pathways that lead to
coastal resilience; that measure the coastal forces that lead
to infrastructure damage and erosion during extreme storm
events; and to improve coupling of terrestrial and coastal
models. Additional funding is also provided for the Corps to
continue work with the National Oceanic and Atmospheric
Administration's National Water Center on protecting the
Nation's water resources.
Coos Bay, Oregon Jetties.--The Coos Bay North Jetty is
losing 20 feet a year and has receded more than 750 feet since
its construction and the channel condition is degraded, which
is impeding the U.S. Coast Guard's ability to carry out search
and rescue missions. The Corps is reminded that these much-
needed improvements are eligible to compete for additional
funding provided in this account.
Debris Removal.--The Corps reminded that ongoing bridge
removal projects are eligible to compete for additional funding
provided in this account. The Corps is also encouraged to
consider removing other pilings and obstructions in close
proximity to the bridge, and in or adjacent to the federal
navigation channel pursuant to this authority when removing
bridges and bridge pilings.
Dredging Operations Technical Support Program.--Additional
funding is included for the further development of the INAV
platform related to the operation and maintenance of the U.S.
Marine Transportation System.
Emerging Harbor Projects.--The recommendation includes
funding for individual projects defined as emerging harbor
projects (in section 210(f)(2) of the Water Resources
Development Act (WRDA) of 1986) that exceeds the funding levels
envisioned in sections 210(c)(3) and 210(d)(1)(B)(ii) of WRDA
1986.
Engineering With Nature.-- The agreement includes
$12,500,000 as a new remaining item in this account to support
the Corps' Engineering with Nature (EWN) initiative. With the
funds recommended, the Corps is encouraged to continue
collaboration across research programs on nature-based
infrastructure.
The agreement provides $5,000,000 to support ongoing
research and advance work with university partners to develop
standards, design guidance, and testing protocols to improve
and standardize nature-based and hybrid infrastructure
solutions.
The agreement also provides $5,000,000 for research into
natural infrastructure options focused on drought, flood-prone
lands and post fire recovery areas in western landscapes as
directed in the House report. The Corps is encouraged to
leverage academic partners, state and local agencies, and non-
profit organizations in the southwestern United States in this
effort.
Additionally, the Corps is encouraged to expand the EWN
initiative to support science and engineering practices that
support long-term resilience and sustainability of water
infrastructure and their supporting systems. Funding under this
line item is intended for EWN activities having a national or
regional scope or which benefit the Corps' broader execution of
its mission areas. It is not intended to replace or preclude
the appropriate use of EWN practices at districts using
project-specific-funding, or work performed across other Corps
programs that might involve EWN. The Corps is encouraged to
identify EWN efforts in future budget requests.
Enhanced Options for Sand Acquisition for Beach
Renourishment Projects.--The Corps is urged to provide states
with guidance and recommendations to implement cost effective
measures and planning for sand management.
Federal Breakwaters and Jetties.--The Corps is encouraged
to continue progress towards revising its policy and thresholds
related to major maintenance and major rehabilitation of
federal jetties and breakwaters. The Corps shall brief the
Committees on Appropriations of both Houses of Congress on this
topic not later than 90 days after enactment of this Act.
Fish Hatchery Facilities.--The Corps is reminded that
activities at mitigation fish hatcheries constructed, owned, or
operated by the Corps that are necessary to provide support
conditions suitable to rear and release fish needed to meet the
Corps' mitigation responsibilities are eligible to compete for
additional funding provided in this Act.
Great Lakes Navigation System.--The recommendation includes
funding for individual projects within this System that exceeds
the funding level envisioned in section 210(d)(1)(B)(ii) of
WRDA 1986.
Harmful Algal Bloom and Hypoxia Research and Control Act.--
The agreement reiterates House direction on this topic.
Integrated Navigation Analysis and Systems Enhancements.--
The agreement provides additional funds in the remaining item
Dredging Data and Lock Performance Monitoring System and in the
remaining item Dredging Operations Technical Support Program to
continue work laying the foundation for prototype applications
for machine learning techniques as it relates to sedimentation-
dredging patterns, dredging operations trends, and lock
operations, including enhancements to systems to provide
additional analytical capabilities and integrates data across
enterprise navigation systems.
Inspection of Completed Environmental Projects.--The Corps
shall brief the Committees on Appropriations of both Houses of
Congress not later than 60 days after of enactment of this Act
on the status of funds in the program, guidance the Corps
provides to district offices on how to implement the program
and share lessons-learned from inspections, and a five-year
plan for funding for the program by state.
Invasive Mussels.--The agreement recognizes that dreissenid
mussels, highly invasive species, threaten water delivery
systems and hydroelectric facilities operated by the Corps. The
Corps shall brief the Committees on Appropriations of both
Houses of Congress not later than 90 days after enactment of
this Act on how funds provided to date have been used for this
purpose and a plan for any future needs.
Isle of Shoals North and Cape Arundel Dredged Material
Placement Site.--It is understood that the EPA finalized the
designation of the new Isles of Shoals North Disposal Site in
September 2020, and the Corps is encouraged to use the new
facility for placement of material dredged from southern Maine
and New Hampshire.
Kennebec River Long-Term Maintenance Dredging.--There is
continued support for Memorandum of Agreement signed in January
2020 denoting responsibilities between the Department of the
Army and the Department of the Navy for the regular maintenance
of the Kennebec River Federal Navigation Channel. Maintenance
dredging of the Kennebec is essential to the safe passage of
newly constructed Navy guided missile destroyers to the
Atlantic Ocean. The Corps is directed to continue its
collaboration with the Department of the Navy to ensure regular
maintenance dredging of the Kennebec.
Keystone Lake, Oklahoma.--Northeast Oklahoma sees high
amounts of rainfall during many spring seasons, oftentimes
creating flooding concerns for residents and businesses in this
region. This nearly annual occurrence is particularly
problematic around Keystone Lake. Recreation areas that support
the local economy can see closures ranging from several days or
weeks to the entire recreation season, and residential roads
can become impassable. To assist the local community and its
economy, the Corps is encouraged to examine modifications that
could be made to the management of Keystone Lake that would
reduce the frequency and severity of flooding events. The Corps
is directed to provide a briefing on possible actions to the
Committees on Appropriations of both Houses of Congress not
later than 60 days after enactment of this Act.
Lake Champlain-Gordon's Breakwater.--The Corps is reminded
that the study pursuant to section 216 of the Flood Control Act
of 1970 (Public Law 91-611) is eligible to compete for
additional funding provided in this account to address
necessary improvements to the Corps-owned Gordon's Landing
breakwater on Lake Champlain. The Corps is encouraged to pursue
the next phase of the project using applicable authorities.
There is awareness that this structure is important spawning
habitat for lake trout and the Corps is encouraged to consult
with the U.S. Fish and Wildlife Service.
Levee Safety.-- In fiscal year 2020, Congress provided
$15,000,000 to implement levee safety initiatives to meet the
requirements under section 3016 of WRRDA. The Committee
understands these funds are sufficient to complete Phase II
activities. The additional funding provided for the Inspection
of Completed Federal Flood Control Projects remaining item
shall be used for the assessment of high risk federally
authorized levees. Within 90 days of enactment of this act, the
Corps shall brief the Committees on the status of these
activities and activities associated with section 3016 of
WRRDA, including any additional funding needs identified to
complete and a timeline for implementation of the next phase.
Locks and Dams Levels of Service.--There remains concern
about the level of service reductions and proposed level of
service reductions at locks and dams along our nation's inland
waterways and the adverse economic effects this has on impacted
communities. The Corps is reminded that remote lock operations
at locks and dams in the Ohio River System are eligible to
compete for additional funding provided in this account.
Mississippi River Basin Coordination.--The Corps is urged
to participate in and coordinate as an essential federal
stakeholder with the Environmental Protection Agency on
developing a Mississippi River restoration and resiliency
strategy focused on improving water quality, restoring habitat
and natural systems, improving navigation, eliminating aquatic
invasive species, and building local resilience to natural
disasters.
Monitoring of Completed Navigation Projects.--The Corps is
directed to continue research on the impact of reduced lock
operations on riverine fish at not less than the fiscal year
2020 level. The goal of the continued funding is to support the
ongoing research and, where appropriate, expand the work to
look at ecosystem level impacts and additional waterways, lock
structures, lock operation methods, and fish species that will
more fully inform the Corps' operations.
An additional $4,000,000 in funding is provided to support
the structural health monitoring program to facilitate research
to maximize operations, enhance efficiency, and protect asset
life through catastrophic failure mitigation.
Mount St. Helens Sediment Monitoring.--The agreement notes
that Mount St. Helens Sediment Monitoring activities have not
been funded in the Corps work plan for the sixth consecutive
year. Yearly monitoring is vital to ensure that the sediment
retention structure can properly protect the communities in
Cowlitz County, Washington. There is awareness that the lack of
federal funding has led to local communities funding sediment
monitoring and encourages the Corps to include appropriate
funding in future budget submissions for this effort.
Multimodal Utilization of Marine Transportation.--Aging
infrastructure poses enormous challenges to the Corps mission
and advances in navigation optimization modeling tools to
integrate rail and road modes of transit with the marine
transportation system is critical in meeting increased demand.
The Corps is encouraged to continue efforts to improve the
performance, efficiency, and resilience of the nation's
navigation and flood risk management system and develop
innovative system optimization technologies for reliable water
resources infrastructure. The Corps shall brief the Committees
on Appropriations of both Houses of Congress not later than 90
days after enactment of this Act on these opportunities.
National Coastal Mapping Program.--The agreement includes
$3,800,000 for Arctic coastal mapping needs currently not met
by existing mapping programs due to gaps caused when mapping
agencies distinguish between land mapping and water charting.
The Corps shall use these funds to prioritize, coordinate and
conduct Arctic coastal mapping operations, data processing,
product development, and data dissemination, to identify and
meet priorities in the Arctic region. The Corps is directed to
work closely with the Alaska Mapping Executive Committee, the
State of Alaska, and relevant federal agencies to ensure that
mapping efforts are coordinated and adhere to the priorities
identified in the Alaska Coastal Mapping Strategy. Not later
than 90 days after enactment of this Act, the Corps shall brief
the Committee on the status of these activities including
future anticipated funding needs, how the Corps will partner
with non-Federal stakeholders, and how the Corps will ensure
adequate competition for any acquisition requirements.
National Dam Safety Program.--The Corps is directed to
brief the Committees on Appropriations of both Houses of
Congress as soon as the Independent External Peer Review (IEPR)
of risk-informed dam safety practices is completed. The
briefing shall include the review's findings, any follow-up
actions to implement those findings planned by the Federal
agencies, and any potential responses to the findings that
Congress could take. If the IEPR review is not completed by Dec
31, 2020, the Corps shall brief the Committees on the schedule
to complete this review.
Operation and Maintenance of Corps Dams.--The agreement
reiterates House direction.
Performance Based Budgeting Support Program.--Of the
funding provided for this remaining item, $2,000,000 shall be
to support performance based methods that enable robust
budgeting of the hydropower program through better
understanding of operation and maintenance impacts leveraging
data analytics.
Providence, Rhode Island.--The Corps reminded that the
Dredged Material Management Plan for Providence River, Rhode
Island, is eligible to compete for additional funding provided
in this account.
Regional Dredge Contracting.--In accordance with section
1111 of the America's Water Infrastructure Act of 2018 (Public
Law 115-270), the Corps is encouraged to enter into regional
contracts to support increased efficiencies in the deployment
of dredges for all Civil Works mission sets, prioritizing deep
draft navigational projects.
Regional Sediment Management.--The agreement provides
$5,000,000 to continue Corps research and development into
enhanced forecasting capabilities to implement proactive
strategies for flood risk management to enhance the resiliency
of coastal communities and mitigate socioeconomic and
environmental consequences of extreme coastal hazards. Funds
are also provided to support cooperative efforts between the
Corps and academia to address compound flooding issues.
Response to Climate Change at Corps Projects.--The
agreement includes $5,000,000 to position water resources
projects to be managed as systems due to the implications of a
changing climate.
Salt Cedar.--The Corps is encouraged to prioritize funding
for projects that will remove non-native plant species like
Salt Cedars, replace non-native plant species with native
plants, and monitor riparian areas where non-native plant
species have been removed and replaced. The Corps shall brief
the Committees on Appropriations of both Houses of Congress not
later than 180 days after enactment of this Act detailing its
work to remove, replace, and monitor to prevent the spread of
non-native plant species along riparian areas.
San Rafael Channel, California.--Lack of dredging is
becoming a public safety issue at the San Rafael Police and
Fire Departments, which are based in the channel and need
access and capacity for bay patrols, rescues, and other public
safety activity. The Corps is reminded that dredging of the San
Rafael Channel is eligible to compete for additional funding
provided in this account.
Scheduling of Reservoir Operations.--The Corps shall brief
the Committees on Appropriations of both Houses of Congress not
later than January 31, 2021, on the progress in expending the
additional $4,000,000 provided in the Scheduling of Reservoir
Operations remaining item in fiscal year 2020 for a water
control manual update.
Small, Remote, or Subsistence Harbors.--The agreement
emphasizes the importance of ensuring that our country's small
and low-use ports remain functional. The Corps is encouraged to
consider expediting scheduled maintenance at small and low use
ports that have experienced unexpected levels of deterioration
since their last dredging.
Soil Moisture and Snowpack Monitoring Program.--The
additional funds provided shall be used along with the
$3,000,000 the Corps reprogrammed to the Hydrologic Studies
remaining item on June 2, 2020, in the Investigations account.
Tennessee-Tombigbee Waterway.--During the height of this
shoaling in 2019, more than a dozen tows were stuck waiting for
emergency channel work to restore traffic. Limited availability
of emergency funds caused several weeks of additional delays.
The Corps is directed to evaluate opportunities to improve
operational scenarios that lead to reduced interruptions in
commerce due to waterborne navigation corridor flooding, other
silting activities, and unplanned lock closures.
Toledo and Lorain Harbors, Ohio.--The Corps is reminded
that the Toledo and Lorain Harbors are eligible to compete for
additional funding provided in this account.
Water Control Manuals.--Many water control manuals are
decades old and in need of updating, particularly in light of
recent dam disasters and improvements in forecast-informed
reservoir operations (FIRO). Last year, Congress funded the
development of a comprehensive list of water control manuals at
Corps-owned projects located in states where a Reclamation
project is also located, including a prioritized list of needed
updates of those manuals. The agreement recommends $7,500,000
in additional funds to complete water control manual updates at
projects identified on the list, including in regions impacted
by atmospheric rivers and where improved forecasting can
improve water operations. If needed, funds shall also be used
to operationalize a FIRO-compatible component of the Corps
Water Management System to process ensemble and synthetic
forecasts to ensure continuous implementation of improvements
in forecast skill for water operations. The Corps is directed
to brief the Committees on Appropriations of both Houses of
Congress prior to executing any water control manual updates.
Water Operations Technical Support (WOTS).--The agreement
includes $5,000,000 in addition to the budget request to
continue research into atmospheric rivers first funded in
fiscal year 2015. The Corps is encouraged to operationalize a
Forecast-Informed Reservoir Operations compatible component of
the Corps Water Management System to process ensemble and
synthetic forecasts to ensure continuous implementation of
improvements in forecast skill for water operations.
Westport (Saugatuck River), Connecticut.--The Corps is
reminded that this project is eligible to compete for
additional funding provided in this account.
REGULATORY PROGRAM
The agreement includes $210,000,000, for the Regulatory
Program.
Additional Funding.--Using additional funds provided in
this account the Corps shall ensure the timely processing of
shellfish aquaculture permitting activities, and the agreement
reiterates the House direction regarding quarterly briefings.
Additional funds above the budget request are also included to
address capacity needs related to staffing in Corps districts
that handle high a high volume of wetland permitting.
Compensatory Mitigation Rule.--There is concern that the
Corps may not be consistent in its implementation of the 2008
Compensatory Mitigation Rule, based on the Corps' publicly
available data. There are concerns that particular districts
have failed to adhere to the mitigation hierarchy in the Rule
as it pertains to the preference for mitigation bank credits.
The Corps is reminded that although the Rule provides some
discretion, the Rule is clear that this discretion is limited
and deviations from the mitigation hierarchy must be based on
scientific and technical analysis. The Corps is directed to
properly and consistently implement the Rule, including
adherence to its mitigation hierarchy and documentation of
decisions by the District Engineer regarding which mitigation
mechanism is appropriate to offset impacts under the Rule and
which sections of the Rule justify the particular decision. The
Corps shall brief theCommittees on Appropriations of both
Houses of Congress not later than one year after the enactment of this
Act on steps taken to ensure proper and consistent application of the
Rule across districts, consistent with this direction.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The agreement includes $250,000,000 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. As the nation experiences severe weather
events more frequently, there is appreciation for the work the
Corps undertakes with this funding. The agreement notes that
traditionally funding for disaster response has been provided
in supplemental appropriations legislation, including recently
in 2018 (Public Law 115-123) and 2019 (Public Law 116-20) and
that amounts necessary to address damages at Corps projects in
response to natural disasters can be significant. The
Administration is reminded that it has been deficient in
providing to the Committee statutorily-required detailed
estimates of damages to Corps projects.
EXPENSES
The agreement includes $206,000,000 for Expenses.
A properly staffed organizational structure is essential
for the Corps to efficiently and effectively accomplish the
Corps' Civil Works mission. Additional funds recommended in
this account shall be used to support implementation of the
Corps' Civil Works program, including hiring additional FTEs.
This includes developing and issuing policy guidance; managing
Civil Works program; and providing national coordination of and
participation in forums and events within headquarters, the
division offices, and meeting other enterprise requirements and
operating expenses. The Corps is encouraged to pursue updating
the 2011 U.S. Manpower Analysis Agency staffing analysis based
on current Civil Works needs. The Administration is urged to
include in future budget requests funding commensurate with
these needs.
Deauthorizations and Inventory of Corps Projects.--In
fiscal years 2019 and 2020, Congress directed the Corps to
provide a list of all projects that have been deauthorized or
will be deauthorized in the next two fiscal years as a result
of section 1302 of the WIIN Act (Public Law 114-322) and a list
of all authorized Corps studies and projects in each state. The
Corps has yet to provide either of these requirements.
Therefore, the Corps is directed to develop and submit to the
Committees on Appropriations of both Houses of Congress not
later than 120 days after the enactment of this Act the
statutorily-required deauthorization lists and to brief the
Committees not later than 30 days after the enactment of this
Act on the status of these activities.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
(INCLUDING RESCISSION OF FUNDS)
The agreement includes $5,000,000 for the Office of the
Assistant Secretary of the Army for Civil Works. The agreement
also includes a rescission of $500,000 in prior-year
unobligated balances, for a net appropriation of $4,500,000.
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.
There continues to be concerns about the bureaucratic
process for renewing leases under 10 U.S.C. 2667 and 16 U.S.C.
460d. Therefore, the Secretary is urged to consider the
efficiencies that may be gained by allowing Corps districts to
authorize lease renewals under this section, including lease
applications in excess of 25 years.
Administrative Costs.--To support additional transparency
in project costs, the Secretary is directed to ensure that
future budget submissions specify the amount of anticipated
administrative costs for individual projects.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM
The agreement recommends $14,200,000 for the Water
Infrastructure Finance and Innovation Program, an increase of
$14,200,000 above the budget request.
The financial assistance the Secretary is authorized to
provide pursuant to the Water Infrastructure Finance and
Innovation Act (Public Law 113-121) [WIFIA] can play an
important role in improving the nation's infrastructure. The
Corps is directed to complete the administrative actions
necessary to stand up the WIFIA program (the Corps Water
Infrastructure Financing Program) and to provide the financial
assistance envisioned in the legislation. The recommendation
makes $2,200,000 available to the Secretary for program
development, administration, and oversight, including but not
limited to, publishing the final fee and program rules,
criteria for project eligibility and Notice of Funding
Availability, as well as issuance of guidance to clarify, as
Congress intended, that an eligible project to reduce flood
damages, includes measures to prevent significant loss of life
and property from the failure of high hazard dams, and that the
financial assistance program authorized in WIFIA applies to all
non-Federal projects and any authorized project that is non-
federally owned, operated, and maintained. The recommendation
includes $12,000,000 for the financial assistance authorized by
WIFIA.
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. Nothing in this Act
prohibits the Corps from contracting with the National Academy
of Sciences to carry out the study authorized by section 1102
of the America's Water Infrastructure Act of 2018 (P.L. 115-
270).
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 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.
The agreement includes a provision addressing new starts.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
The agreement includes a total of $21,000,000 for the
Central Utah Project Completion Account, which includes
$17,700,000 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 2021 work plan, the
agreement includes direction under the heading ``Additional
Funding for Water and Related Resources Work'' in the Water and
Related Resources account.
Drought Resiliency.--The agreement recommends $206,000,000
for the drought resiliency programs authorized in the WIIN Act.
There is the belief that a solution to chronic droughts is a
combination of additional storage, substantial investments in
desalination and recycling, improved conveyance, and increased
efficiencies in the uses of water both for agriculture and
potable purposes.
Reclamation is directed to continue working with the U.S.
Fish and Wildlife Service, the National Marine Fisheries
Service, and relevant State agencies to undertake
comprehensive, around the clock, real-time monitoring of water
supply conditions and their impact on endangered species during
critical periods in the winter and spring.
Unmanned Aerial Systems.--The agreement acknowledges
receipt of the October 2019 memo indicating that the Department
of the Interior (Interior) does not operate any small Unmanned
Aerial Systems (sUAS) that share data outside the system
without specific consent of DOI. However, in January 2020, DOI
grounded non-emergency UASs due to cybersecurity concerns.
Given this development, Reclamation shall brief the Committees
on Appropriations of both Houses of Congress not later than 90
days after enactment of this Act on the total number of sUAS in
inventory and operation, including a breakdown of those sUAS
manufactured in or with critical components produced in the
People's Republic of China. The briefing shall also include:
the justification for the January 2020 grounding of all sUAS by
the Department, the number of exceptions made for emergency
missions, and the plan to source additional sUAS from American
manufacturers.
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,521,125,000 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, 2018, 2019 and 2020.
The agreement for Water and Related Resources is shown in
the following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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. Funding provided under this heading,
``Additional Funding for Ongoing Work'' may be utilized for
ongoing work, including preconstruction activities, on projects
that provide new or existing water supplies through additional
infrastructure.
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 recommended under the heading
``Water Conservation and Delivery,'' not less than $8,000,000
shall be for construction activities related to projects found
to be feasible by the Secretary and which 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 recommended under the heading
``Water Conservation and Delivery,'' $40,000,000 shall be for
water conservation and banking or infrastructure projects in
areas that are experiencing extended drought conditions; and
with priority for activities related to the implementation of
the agreements authorized by the Colorado River Drought
Contingency Plan Authorization Act of 2019 (Public Law No. 116-
14). These water conservation activities shall include well
construction and irrigation-related structural or other
measures; programs and projects that result in conservation of
surface water or groundwater; or improve water system
efficiency, resiliency, reliability, delivery, and conveyance,
including canal system improvements. 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;
aquifer recharging efforts to address the ongoing backlog of
related projects; all authorized rural water projects,
including those with tribal components, those with non-tribal
components, and those with both; 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. Reclamation is further
reminded that feasibility studies and projects within the
Central Valley Project Restoration fund, including those
capable of improving water security from drought and natural
disasters, are eligible to compete for additional funding
provided in this account.
Airborne Snow Observatory Program.--Reclamation has
historically supported for snowpack surveys through the
Airborne Snow Observatory (ASO) program and is encouraged to
continue support of this important program.
Anadromous Fish Screen Program.--Concerns persist that
insufficient resources are being devoted to completing work on
the last two remaining priority unscreened diversions on the
Sacramento River, both of which have been specifically
identified as priorities in the California Natural Resources
Agency Sacramento Valley Salmon Resiliency Strategy.
Reclamation is reminded that these diversions are eligible to
compete for the additional funding provided in this account.
Additionally, Reclamation is encouraged to maintain its focus
on screening high priority diversions in the San Joaquin River
Basin.
Aquifer Recharge.--Reclamation is directed to work closely
with project beneficiaries to identify and resolve any barriers
to aquifer recharge projects when appropriate, while utilizing
full authority to prioritize funds for ongoing projects through
completion. Of the funds provided in this account above the
budget request, $20,000,000 shall be for Aquifer Storage and
Recovery projects focused on ensuring sustainable water supply
and protecting water quality of aquifers in the Great Plains
Region with shared or multi-use aquifers, for municipal,
agricultural irrigation, industrial, recreation and domestic
users.
Buried Metallic Water Pipe.--Reclamation shall continue
following its temporary design guidance.
CALFED Water Storage Feasibility Studies.--There is
recognition that these studies have taken more than 15 years
and it is expected that Reclamation will take necessary steps
to ensure that each of these studies is completed as soon as
possible. Reclamation is directed to expeditiously complete
financial assistance agreements requested by the non-Federal
sponsors of these projects to help move the projects forward
more efficiently.
Columbia Basin Project.--The Odessa Groundwater Replacement
project, part of the larger Columbia Basin Project, exists to
address the severely declining Odessa groundwater aquifer
within the Columbia Basin Irrigation Project boundary. The 2013
Odessa Groundwater Replacement Project Environmental Impact
Statement and Record of Decision provides the legal and
regulatory framework to implement the Odessa Groundwater
Replacement Project. Reclamation is encouraged to move forward
on implementing authorized components of the plan.
Drought Contingency Plans.--Reclamation, the Department of
Interior, and the seven Colorado River Basin states are to be
commended for completing drought contingency plans to conserve
water and reduce risks from ongoing drought for the Upper and
Lower Colorado River basins. The completion of these plans
marks a major milestone in protecting a critical water source
in the western United States. Reclamation is encouraged to
provide sufficient funding in future budget requests for
activities that support these plans.
Lower Colorado River Operations Program.--Reclamation is
reminded that activities within this program are eligible to
compete for additional funds provided under ``Water
Conservation and Delivery.''
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.
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 Public Law 114-322.
Reclamation is encouraged to give special consideration to
drought-prone regions and in collaboration with possible
partners in the Middle East, including Israel.
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.
Salton Sea Restoration.--Reclamation is encouraged to
partner with federal, state, and local agencies and coordinate
use of all existing authorities to support the State of
California's Salton Sea Management Program. Reclamation is
reminded that these activities are eligible to compete for
additional funds provided in this account.
Salton Sea Research Program.--Reclamation is reminded that
activities and projects associated with habitat improvement,
water quality, and system development, projects with a public
health benefit that will benefit economically disadvantaged
communities, and projects that take a multi-agency approach are
eligible to compete for additional funds provided in this act.
San Joaquin River Restoration.--Concerns persist that
Reclamation's fiscal year 2021 budget request proposes only
$28,300,000 for the San Joaquin River Restoration Program, even
though Reclamation's 2018 Funding-Constrained Framework for
Implementation identifies over $643,000,000 in needed program
work through fiscal year 2024. Reclamation is encouraged to
continue to seek annual funding at recent levels for the
program. Permanent appropriations, newly available for the
program in fiscal year 2020 should not supplant continued
annual appropriations.
San Justo Reservoir, California.--Reclamation is reminded
that the San Justo Reservoir Mussel Eradication Project is
eligible to compete for the additional funding provided in
``Water Conservation and Delivery.''
Snow Modeling Data Processing.--Of the additional funding
recommended in this account, $3,000,000 shall be to support
Reclamation's efforts to support the U.S. Department of
Agriculture and National Oceanic and Atmospheric Administration
efforts to improve real-time and derived snow water equivalent
information such that it can be immediately used for water
resources decision-making. Reclamation is directed to continue
and expand its partnerships with other Federal water management
agencies on the use of new technologies related to improved
direct measurements and derived Reclamation is encouraged to
use innovative techniques for the purposes of forecasting
timing, duration, and quantities of snow-fed water supplies to
provide accurate information on water supply levels in the 17
western states, including, but not limited to, synthetic
aperture radar and laser altimetry.
St. Mary's Diversion Dam and Conveyance Works.--Given the
recent drop structure failure and the potential impacts to
Reclamation's ability to deliver water, Reclamation is directed
to continue working with local stakeholders to find innovative
ways to maintain and repair this infrastructure without undue
impact to water users.
Tualatin Project, Scoggins Dam, Oregon.--The agreement
includes House direction regarding finalization of the Joint
Project Contributed Funds Act agreement. Further, Reclamation
shall brief the Committees on Appropriations of both Houses of
Congress not later than 60 days after enactment of this Act on
the status of the dam safety activities, including a timeline
for completion and any challenges to addressing the safety
concerns in the most efficient manner.
Water and Energy Efficiency Grants.--Water and Energy
Efficiency Grants are an important tool for building drought
resiliency in the West. However, there is concern that many of
the Water and Energy Efficiency Grants fund projects that may
increase water scarcity at the basin scale by allowing
conservation grant recipients to use conserved water for
consumptive use.
The agreement directs Reclamation to ensure that all
projects funded under 42 U.S.C. 10364 comply with 42 U.S.C.
10364(a)(3)(B) and to articulate the use of the conserved water
with its annual award announcement. Reclamation is directed to
report to the Committees on Appropriations of both Houses of
Congress not later than September 1, 2021, on how much water
each activity awarded a grant in fiscal year 2020 and 2021
anticipated the activity would conserve annually and how the
grantee was, or would be, using the conserved water, or was or
would be ensuring that the conserved water did not go to
increase consumptive use.
WaterSMART Program.--Reclamation is encouraged to
prioritize eligible water conservation projects that will
provide water supplies to meet the needs of threatened and
endangered species.
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 Public Law 114-322.
White Mountain Apache Rural Water System Project.--
Reclamation is directed to continue to work with the White
Mountain Apache Tribe on the White Mountain Apache Rural Water
System project, and is reminded that this project is eligible
to compete for the additional funding provided in ``Water
Conservation and Delivery.''
Yakima River Basin Integrated Water Resource Management
Plan.--This innovative water management plan represents years
of collaboration in the Yakima River Basin among stakeholders
including Reclamation, the State of Washington, the Yakama
Nation, irrigators and farmers, conservation organizations,
recreationists, and local governments to address water supply
needs for agriculture, fish and wildlife, and municipal use.
Reclamation is reminded that these activities are eligible to
compete for additional funding provided in this account.
CENTRAL VALLEY PROJECT RESTORATION FUND
The agreement provides $55,875,000 for the Central Valley
Project Restoration Fund.
Anadromous Fish Screen Program.--The recommendation
includes not less than $1,200,000 for the Anadromous Fish
Screen Program, in accordance with the budget request. There
continues to be concern about the disconnect between funding
levels requested and ultimately allocated for the Anadromous
Fish Screen Program. Reclamation is urged to maintain its focus
on screening the remaining high priority diversions from within
funds made available under the Central Valley Project
Restoration Fund.
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 28, 2021, 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
Cooperative Watershed Management Program.
The agreement includes a provision regarding the
Reclamation States Emergency Drought Relief Act of 1991.
The agreement includes a provision prohibiting the use of
funds in this Act for certain activities.
TITLE III--DEPARTMENT OF ENERGY
The agreement provides $39,625,025,000 for the Department
of Energy to fund programs in its primary mission areas of
science, energy, environment, and national security.
Congressional Direction
The Committees on Appropriations of both Houses of Congress
count on a timely and accessible executive branch in the course
of fulfilling its constitutional role in the appropriations
process. Requesting and receiving basic, factual information,
including budget justification materials and responses to
inquiries, is vital in order to ensure transparency and
accountability. While some discussions internal to the
executive branch may be pre-decisional in nature and therefore
not subject to release, the Committees' access to the facts,
figures, and statistics that inform the decisions of the
executive branch are not subject to those same sensitivities.
The Committees shall have ready and timely access to
information from the Department, Federally Funded Research and
Development Centers, and any recipient of funding from this
Act. Further, the Committees appreciate the ability for open
and direct communication with all recipients of funding from
this Act, and the Department shall not interfere with such
communication.
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.
Financial Reporting and Management
The Department is still not in compliance with its
statutory requirement to submit to Congress, at the time that
the President's budget request is submitted, a future-years
energy program that covers the fiscal year of the budget
submission and the four succeeding years, as directed in the
fiscal year 2012 Act. In addition, the Department has an
outstanding requirement to submit a plan to become fully
compliant with this requirement. The Department is directed to
provide these requirements not later than 30 days after
enactment of this Act.
Concerns persist that the Department is not considering
carryover balances during the budget formulation process. The
Department is directed to submit, with its budget submission to
the Committees on Appropriations of both Houses of Congress, a
plan to reduce its carryover balances to applicable thresholds
by the end of fiscal year 2021. The Comptroller General of the
United States shall assess the adequacy of the Department's
plan and its interpretation of the application thresholds.
Further, the Comptroller General is directed to assess the
methodology by which carryover is calculated with special
attention to contracting vehicles and associated funding
requirements. The Comptroller General shall brief the
Committees on its findings not later than 60 days after
submission of the budget.
Working Capital Fund.--The agreement reiterates House
direction regarding the Working Capital Fund.
Alleviation of Poverty.--In each year since fiscal year
2016, the Department has been directed to provide a report
detailing all domestic and international projects and programs
within its jurisdiction that contribute to the alleviation of
poverty. The report has not been provided, and the Department
is directed to provide this report not later than 30 days after
enactment of this Act.
Contract Auditing and Management.--The agreement reiterates
House direction to the Department and the Government
Accountability Office (GAO) regarding the Cooperative Audit
Strategy. In keeping with the Department's concurrence on GAO's
recommendation, the Department is directed to track improper
payment information in the Agency Financial Report and include
the cumulative amounts of improper payments made in a given
year to determine whether the annual total exceeds $100
million. Not later than 120 days after enactment of this Act,
the Department shall brief the Committees on Appropriations of
both Houses of Congress on the Department's plan to implement
GAO's recommendation.
Congressional Reporting Requirements.--Given the
Department's often lengthy delays in meeting its Congressional
reporting requirements, the Department is directed to establish
a tracking mechanism for all Congressional reporting
requirements, to be led by the Office of the Chief Financial
Officer. The Department shall brief the Committees on
Appropriations of both Houses of Congress not later than 30
days after enactment of this Act on this effort.
Workforce Development and Diversity
Workforce Development.--The agreement reiterates House
direction regarding a reporting requirement.
Workplace Diversity.--The agreement reiterates House
direction regarding reporting requirements.
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.
Crosscutting Initiatives
The agreement provides no direction with respect to funding
amounts for Crosscutting Initiatives except as explicitly
included in this statement.
Grid Modernization.--The agreement strongly recommends that
the Grid Modernization Initiative (GMI) include efforts to
develop regional predictive models of weather-caused power
outages in its next Grid Modernization Lab Call and Multi-Year
Program Plan to address this pressing need.
Energy Storage.--The Department is directed to submit to
the Committees on Appropriations of both Houses of Congress not
later than 180 days after enactment of this Act and make
publicly available a crosscutting research and development
roadmap and implementation plan to illustrate the Energy
Storage Grand Challenge's goals through 2030. The roadmap shall
be focused on reducing costs and improving the performance of a
diverse set of grid-scale storage technologies to meet industry
needs, improve reliability and environmental performance of the
electricity grid, and reduce greenhouse gas emissions. The
roadmap shall include a focus on the technical, regulatory, and
market issues necessary to achieve technology goals, and the
implementation plan shall include a breakdown of the roles and
responsibilities of each participating program office to ensure
coordination among EERE, OE, FE, NE, and the Office of Science.
Additionally, the roadmap and implementation plan shall include
long-duration energy storage in all its forms, including
chemical, electrochemical, thermal, and mechanical, as a
critical enabler of high volumes of renewables on the grid. The
Department is directed to provide quarterly briefings to the
Committees on the Energy Storage Grand Challenge efforts,
starting not later than 90 days after enactment of this Act.
The Department is directed to coordinate efforts among various
existing Department programs to maximize efficiency of funds
and expand vital research.
Critical Minerals.--With respect to the newly established
Critical Minerals Initiative, the Department 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 funding profiles, portfolio of funding opportunities,
programmatic investments, and roles and responsibilities of
each participating program office.
Plastics Innovation Challenge and Revolutionizing Polymer
Upcycling.--The Department is directed to provide to the
Committees on Appropriations of both Houses of Congress a
report that describes a coordinated research plan for
activities within EERE, the Office of Science, and any other
relevant program office. The research plan shall include the
roles and responsibilities for each program office. The report
shall be provided not later than 90 days after enactment of
this Act and prior to any funds being obligated for these
purposes.
Integrated Energy Systems.--The Department is directed to
submit to the Committees on Appropriations of both Houses of
Congress not later than 90 days after enactment of this Act a
report that details a potential research agenda of integrated
energy systems activities, including estimated funding levels
for those activities and the roles and responsibilities of each
participating program office. The Department is directed to
coordinate all integrated energy systems activities across FE,
NE, EERE, and any other relevant program office.
Emissions Reductions.--The Department is directed to take
into consideration the projected reductions in greenhouse gas
emissions when selecting activities and projects for funding
within EERE, NE, and FE.
Arctic Energy Office.--The agreement supports the promotion
of research, development, and deployment of electric power
technology that is cost-effective and well-suited to meet the
needs of rural and remote regions of the United States,
especially where permafrost is present or located nearby. The
Department is directed to continue the renewed focus on the
Arctic region, and as a crosscutting activity, use the Arctic
Energy Office as a centralized area to support the use of
energy resources, but also innovative activities, including
microgrids and integrated energy systems.
Researching effects of Per- and polyfluoroalkyl substances
[PFAS].--The agreement recognizes the potential impacts of PFAS
contamination in humans and that supercomputers are critical in
this field of research. Therefore, the agreement urges the
Department, in coordination with the Environmental Protection
Agency and the National Institute of Environmental Health
Sciences Superfund Research Program, to use supercomputers to
study the computational toxicology of PFAS.
Dislocated Coal Miners Assistance
The Secretary is directed to coordinate with the Secretary
of Labor to ensure dislocated coal miners receive re-employment
services they are currently eligible for under the Workforce
Innovation and Opportunity Act Programs.
Ethane Long Term Trends
The Secretary, in consultation with the heads of other
relevant federal departments or agencies and stakeholders, as
appropriate, is encouraged to conduct not later than one year
after enactment of this Act a study assessing the long-term
trends related to the domestic production and consumption of
ethane, the export of ethane, and the opportunities for and
economic benefit of investments for further domestic use. The
study should include an examination of the following questions:
(i) what is the potential value (direct investment, direct and
indirect job creation, tax generation, etc.) of domestic
manufacturing growth based on available domestic ethane supply;
(ii) given demonstrated historical investment in ethane-based
domestic manufacturing, and assuming it will continue given
sufficient projected ethane supply, what is the opportunity
cost of exporting available ethane supply in support of foreign
manufacturing; (iii) what is the impact of progressive import
tariffs (such as those imposed by China where value-added goods
are tariffed at higher rates than the raw materials used to
make them are tariffed) on ethane, ethylene and polyethylene;
(iv) could these strategies by other countries, result in
capital flight from the U.S. to other countries where U.S. raw
materials will be upgraded to higher value-added goods and sold
back to America; and (v) have other countries enacted policies
around use versus exporting purity ethane.
Contract Competition
The Comptroller General is directed to assess aspects of
the Department's and National Nuclear Security Administration's
(NNSA) acquisition processes. The assessment should include the
following issues:
--Competition in recent awards: information on how many
companies in recent years have bid on and received awards for
large DOE and NNSA contracts, and the extent to which the
companies are bidding on multiple solicitations.
--Barriers to entry: whether there are systemic impediments
that affect whether companies will do business with DOE and
NNSA, whether DOE and NNSA are aware of these impediments, and
if so, what the agencies have done to address them.
--Selection criteria: selection criteria DOE and NNSA have
used for their large contracts, how the agencies determine the
selection criteria to use for a solicitation, and how the
agencies determine the relative priority of those criteria.
--Past performance information: how DOE and NNSA use
information on past performance in making awards, particularly
when many large DOE and NNSA contracts are awarded to several
companies that come together to form a single purpose limited
liability company, and how reliable the information in the
Contractor Performance Assessment Reporting System is for
making determinations about companies' past performance.
The Comptroller General shall provide a briefing to the
Committees on Appropriations of both Houses of Congress on
GAO's plan for addressing these issues not later than 180 days
after enactment of the Act.
Freedom of Information Act Review Requests
The Department is directed to provide sufficient funding to
increase the number of classifiers to review document requests
submitted to the Department through the Freedom of Information
Act.
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(INCLUDING RESCISSION OF FUNDS)
The agreement provides $2,864,000,293 for Energy Efficiency
and Renewable Energy. The agreement also includes a rescission
of $2,240,293 of unused, previously appropriated funds, for a
net appropriation of $2,861,760,000. Direction related to
Department-wide crosscutting initiatives is provided under the
heading ``Crosscutting Initiative'' in the front matter of
``Department of Energy.''
Congressional Direction.--The Department is directed to
give priority to stewarding the assets and optimizing the
operations of EERE-designated user facilities across the
Department's complex. In future budget requests, the Department
is directed to demonstrate a commitment to operations and
maintenance of facilities that support the Department's
critical missions.
Research and Development Policy.--The Department is
reminded that the research and development (R&D) policy
contained in the front matter of Title III of this report
specifically applies to each program within EERE. The
Department shall provide the Committees on Appropriations of
both Houses of Congress with the specific breakdowns for R&D
stages for both funds that are allocated according to this
report and any funds that are not allocated by this report for
each program.
Renewable Energy Grid Integration.--To facilitate the
oversight of grid integration activities, the agreement
provides $40,000,000 to be provided from across the Solar
Energy, Wind Energy, Water Power, and Geothermal Technologies
programs. Further, within available funds, the agreement
provides $10,000,000 for development and demonstration of an
``energyshed'' management system that addresses a discrete
geographic area in which renewable sources currently provide a
large portion of electric energy needs, where grid capacity
constraints result in curtailment of renewable generation, and
with very substantial existing deployment of interactive smart
meters. The ``energysheds'' design should achieve a high level
of integration resilience and reliability among all energy
uses, including both on-demand and long-time energy scales,
transmission and distribution of electricity.
Cybersecurity.--Within funds recommended for EERE, not less
than $20,000,000 is provided to bring cybersecurity into early-
stage technology research and development so that it is built
into new technology.
North American Energy Research.--Within available funds,
the agreement provides $10,000,000 for a consortium of
universities in the United States that has established
agreements with universities in Canada and Mexico to conduct
research on a broad array of energy sources and topics.
Clean Energy Workforce Development.--EERE programs are
encouraged to allocate funding to training and workforce
development programs that assist and support workers in trades
and activities required for the continued growth of the U.S.
energy efficiency and clean energy sectors, with an emphasis on
training programs focused on building retrofit and the
construction industry. The Department is encouraged to continue
to work with two-year, community and technical colleges, labor,
and non-governmental and industry consortia to pursue job
training programs, including programs focused on displaced
fossil fuel workers, that lead to an industry-recognized
credential in the energy workforce.
Energy Star.--The Department is directed to continue
ongoing Energy Star activities in their current form. The
Department is reminded that Public Law 115-141 directed a
report to review the 2009 Memorandum of Understanding related
to the Energy Star Program on whether the expected efficiencies
for home appliance products have been achieved. This report has
not been received, and the Department has not provided a
sufficient update on why the report is delayed. The Department
shall provide a briefing to the Committees on Appropriations of
both Houses of Congress not later than 30 days after enactment
of this Act on the status of the report and is directed to
subsequently provide the report.
Reduced Emissions Study.--The Department is directed to
conduct a study evaluating potential pathways to reducing
emissions from the home and small commercial heating and
cooling sector through the use of advanced biofuels and
biofuels blends, geothermal district heating and cooling
system, electric heat pumps and low-emission refrigerants. The
Department is directed to provide this report to the Committees
on Appropriations of both Houses of Congress not later than one
year after the enactment of this Act.
Zero Emissions Energy Credit.--The fiscal year 2018, 2019,
and 2020 Acts required the Department to produce a report to
evaluate the effects of a Zero Emissions Energy Credit. The
Department is directed to provide this report to the Committees
on Appropriations of both Houses of Congress not later than 15
days after the enactment of this Act.
SUSTAINABLE TRANSPORTATION
Vehicle Technologies.--Within available funds, the
agreement includes not less than $175,000,000 for Battery and
Electrification Technologies, not less than $70,000,000 for
Advanced Engine and Fuel Technologies, not less than
$40,000,000 for Materials Technologies, and $66,300,000 for
Outreach, Deployment, and Analysis. 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.
Furthermore, the agreement includes not less than $7,000,000
for operations and maintenance of the National Transportation
Research Center, including not less than $2,000,000 for early-
stage industry technical collaborations; $20,000,000 to launch
the SuperTruck III program to further improve the energy and
freight efficiency of heavy and medium duty long- and regional-
haul vehicles; and $2,500,000 for EcoCAR 4.
Within available funds for Advanced Engine and Fuel
Technologies, $12,500,000 is provided for the Co-Optimization
of Engine and Fuels Multi-Laboratory Consortium.
Within available funds for Materials Technology,
$35,000,000 is provided for early-stage research on metals and
research on carbon fiber-reinforced composites at the Carbon
Fiber Technology Facility.
Within available funds for Outreach, Deployment, and
Analysis, the agreement provides $40,000,000 for deployment
through the Clean Cities Program. The Department is encouraged
to foster broader adoption of clean vehicles and installation
of supporting infrastructure. The Department is encouraged to
explore ways in which the Clean Cities Program can leverage
funding to provide greater support for electrification efforts.
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. Further, the Department is directed to submit to the
Committees on Appropriations of both Houses of Congress not
later than 180 days after the enactment of this Act a plan for
establishing and implementing a Clean School Bus Grant Program.
The plan shall prioritize awards of funds to school districts
serving disadvantaged communities and those that are located in
air quality non-attainment areas and include options for
contracting, schedule, and funding that extend resources to the
greatest number of school districts and students. Further, the
Department is encouraged to collaborate with the Department of
Transportation and the U.S. Environmental Protection Agency.
The agreement provides $10,000,000 to continue to support
improving the energy efficiency of commercial off-road
vehicles, of which up to $5,000,000 is for fluid power systems.
The funds shall be awarded through a competitive solicitation
in which university and industry teams are eligible to apply.
The agreement further provides $15,000,000 to address technical
barriers to the increased use of natural gas vehicles for
medium- and heavy-duty on-road natural gas engine research and
development, including energy efficiency improvements, emission
after-treatment technologies, fuel system enhancements, and new
engine development, natural gas storage natural gas engines,
and fueling infrastructure optimizations. In Public Law 115-
244, the Department was directed to undertake a study on
natural gas vehicle deployment in on- and off-road
transportation, which has not yet been provided. The Department
is directed to provide an update on the status of this study
and subsequently provide this study.
The agreement further provides $5,000,000 for research on
direct injection, engine technology, and the use of dimethyl
ether as fuel, and encourages continued research and
development as appropriate in advanced combustion and vehicle
engine technology efficiency in propane engines used for light
and medium-duty applications.
Within available funds, $5,000,000 is provided to support
research and development on two-stroke opposed piston engines
to be conducted by industry-led teams. The agreement provides
$10,000,000 for section 131 of the 2007 Energy Independence and
Security Act for transportation electrification.
The Department is directed to conduct a study on how to
increase the reuse, recycling, and manufacturing of electric
vehicle batteries in the United States. The Department is
directed to provide this study to the Committees on
Appropriations of both Houses of Congress not later than 180
days after the enactment of this Act.
The Department is encouraged to continue outreach and
deployment activities of renewable natural gas and natural gas-
powered vehicles.
The Department is encouraged to continue efforts to improve
cost, performance, and charging time of plug in vehicles. The
Department is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 270
days after the enactment of this Act a report with
recommendations to enhance domestic manufacturing battery
technologies to include recommendations on reducing the size of
vehicle batteries and reducing the use of cobalt.
The agreement recognizes the need for clarity regarding the
availability, affordability, and reliability of direct current
fast chargers for electric vehicles. The Department is directed
to provide to the Committees on Appropriations of both Houses
of Congress not later than 180 days after the enactment of this
Act a report on the technologies and calculation methods that
meet the tentative code for EV charger metering and testing
published in the National Institute of Standards and Technology
Handbook 44, Section 3.40.
The Department is encouraged to continue the Programs for
Energy Efficient Mobility Systems, Batteries, Charging, &
Electric Vehicles, and Technology Integration. These
investments, which include initiatives in SMART Mobility and
Big Data Solutions for Mobility, are critical to expanding U.S.
energy security, economic vitality, and quality of life.
Therefore, the agreement supports continued funding for
research that allows the U.S. to continue its leadership in
advancing state-of-the-art transportation systems science and
technology. The Department is encouraged to conduct early stage
research to lower the cost of batteries for electric vehicles,
including research on extreme fast charging.
With an abundant source of low-cost domestic natural gas,
this resource as a transportation fuel is becoming an
alternative fuel of choice for high fuel use fleets and off-
road vehicles and provides a substantial reduction in nitrogen
oxide emissions. Further research is needed on natural gas
storage, engines, and fueling infrastructure optimization.
Bioenergy Technology.--Within available funds, the
agreement provides not less than $40,000,000 for Feedstock
Technologies, not less than $40,000,000 for Advanced Algal
Systems, $110,000,000 for Conversion Technologies, $50,000,000
for System Development and Integration, and $9,500,000 for
Data, Modeling, and Analysis. The Department is directed to
recognize all commercially available feedstock in their
research projects.
Within funds for Feedstock Technologies, $5,000,000 is
provided for upgrades at the Biomass Feedstock National User
Facility.
Within available funds for Advanced Algal Systems,
$10,000,000 is provided to continue research and development
activities to support carbon dioxide capture from the
atmosphere into highly alkaline solutions using algae-to-energy
technologies. The Department is directed to continue
collaboration with the Office of Science and the Office of
Fossil Energy in this area.
Within available funds for Conversion Technologies,
$20,000,000 is provided to continue activities of the Agile
Biology Foundry. The Department is directed 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. The agreement provides $5,000,000 to
demonstrate the use of and improve the efficiency of community-
scale digesters.
Within available funds for System Development and
Integration, $37,500,000 is provided to support the multiyear
strategy for pre-pilot, and demonstration projects.
Within available funds, not less than $12,500,000 is
recommended for the Co-Optimization of Engine and Fuels Multi-
Laboratory Consortium.
Within available funds, $5,000,000 is provided to develop
and test new domestic manufactured low-emission, high
efficiency, residential wood heaters, and $10,000,000 is
provided to perform research and development to advance the
deployment of conversion processes to advance the supply of
renewable natural gas as a clean fuel option.
The agreement reiterates House direction regarding
continued research on carbon storage in forest lands.
The Department is encouraged to focus on defining and
meeting technical targets that reduce cost of sustainable
aviation fuels through the conversion of low-cost waste carbon
as feedstocks. These efforts should consider relevant global
supply chains and should be coordinated with other Federal
agencies, the aviation industry, national laboratories, and
universities.
Hydrogen and Fuel Cell Technologies.--Within available
funds, the agreement provides $25,000,000 for Fuel Cell
Technologies, $70,000,000 for Hydrogen Technologies, and
$35,000,000 for Systems Development and Integration. The
agreement recommends not less than $45,000,000 for technologies
to advance hydrogen use for heavy-duty transportation and
industrial applications.
Within available funds for Systems Development and
Integration, the agreement provides $3,000,000 for
manufacturing research and development; up to $10,000,000 for
manufacturing research development with a focus on fuel cell
stack manufacturing cost reduction; $7,000,000 for industry-led
efforts to demonstrate a hydrogen-focused integrated renewable
energy production, storage, transportation fuel distribution
and retailing system, and fuel cell system development; and
$3,000,000 for research on in-situ metrology for process
control systems for manufacturing of key hydrogen system
components. The Department is encouraged to engage with
industry on codes and standards for developing fuel cell and
hydrogen markets such as heavy-duty trucks. The Department is
also encouraged to continue coordination between U.S. and
international standard bodies to ensure there is one set of
open (non-proprietary) global standards for fuel cell and
hydrogen technologies.
Within available funds, $15,000,000 is provided for high
temperature electrolysis research and development and to cost
share the Office of Nuclear Energy hydrogen demonstration
activities.
The agreement provides not less than $80,000,000 for these
H2@Scale activities.
The Department shall continue research on novel onboard
hydrogen tank systems, as well as trailer delivery systems to
reduce cost of delivered hydrogen. Further, the Department is
directed to support research and development activities that
reduce the use of platinum group metals, provide improvements
in electrodes and membranes and balance-of-plant components and
systems.
The Department is encouraged to conduct regular
consultation with industry to avoid duplication of private-
sector activities and ensure retention of fuel cell technology
and systems development in the United States.
The Secretary is encouraged to work with the Department of
Transportation and industry on coordinating efforts to deploy
hydrogen fueling infrastructure.
RENEWABLE ENERGY
Solar Energy.--The agreement provides not less than
$60,000,000 for Concentrating Solar Power, not less than
$72,000,000 for Photovoltaic Technologies, $46,500,000 for
Systems Integration, $35,000,000 for Balance of Systems Soft
Cost Reduction, and not less than $60,000,000 for Manufacturing
and Competitiveness.
Within available funds for Concentrating Solar Power,
$5,000,000 is provided for a demonstration on advanced thermal
desalination technologies.
Within available funds for Balance of Systems Soft Costs,
$5,000,000 is for the National Community Solar Partnership
program. The Department is directed to align the National
Community Solar Partnership Program with other existing federal
programs that serve low-income communities. The Department is
further directed to provide technical assistance to states and
local and tribal governments for projects to increase community
solar, including assistance in the development of new and
innovative financial and business models that leverage
competition in the marketplace in order to serve community
solar, and to use national laboratories to collect and
disseminate data that assists private entities in the financing
of, subscription to, and operation of community solar projects.
Within available funds for Manufacturing and
Competitiveness the agreement provides $20,000,000 for research
and development focused on perovskites, including inherently
scalable production methods, such as solution processing, roll-
to-roll manufacturing, the science of inherent material
stability, and ultra-high efficiency through tandem
manufacturing. Additionally, the agreement provides $20,000,000
for research and development focused on cadmium telluride based
solar cell technologies. The Department is directed to provide
a briefing to the Committees on Appropriations of both Houses
of Congress not later than 120 days after the enactment of this
Act on its efforts to work cooperatively with industry,
university, and laboratory partners and efforts to develop
strategies and technologies to support the continued evolution
and success of cadmium telluride based solar cell technologies.
The briefing shall include an outline of a research roadmap to
demonstrate how this domestic industry can remain competitive
globally while ensuring that cadmium telluride is produced as
part of a robust American supply chain and include how funds
provided in fiscal year 2020 were used for cadmium telluride
technologies.
Within available funds, the agreement provides $1,500,000
for competitively selected projects focused on floating solar
powered aeration systems.
In coordination with the Offices of Solar Energy
Technologies, Strategic Program, Wind Energy Technologies, and
Electricity, the Department is directed to provide to the
Committees on Appropriations of both Houses of Congress not
later than 240 days after the enactment of this Act a report
exploring the impact of alternative rate design options in
scenarios with high penetrations of variable renewable energy.
The Department is encouraged to develop modeling and
planning tools for distributed energy resources and continue
its focus within SunShot on the resilience and reliability of
solar systems, as well as continue and expand programs to
reduce both market barriers and soft costs, including through
research on market and regulatory analysis and new techno-
economic tools and methodologies for distributed energy
resources.
The Department is encouraged to continue work to improve
co-siting of solar photovoltaics with ecosystem restoration
activities and to reduce the environmental impact of solar
photovoltaics.
The Department is encouraged to develop programs that
support a skilled, robust, and diverse solar energy workforce,
including indirect solar workers in jobs related to financing
and permitting.
The Department is encouraged to continue research and
development of solar power technologies and the potential for
expansion across the rural landscape. Programs such as the
Community Solar Power Choice Program may offer pathways to
achieve both greater energy independence and support for rural
communities. Therefore, further research is required to
determine best methods to improve generation and access to
markets through transmission and distribution while
incentivizing landowner economic participation. In addition,
the Department is encouraged to consult with the Department of
Agriculture to examine opportunities for collaboration toward
this shared objective.
Wind Energy.--The agreement provides $31,800,000 for Land-
Based Wind, $63,200,000 for Off-Shore Wind, $10,000,000 for
Distributed Wind, and $5,000,000 for Grid Integration and
Analysis.
Within available funds, the agreement includes $1,000,000
for the Wind for Schools Program, and $15,000,000 to continue
work on the next generation, high-efficiency lightweight
turbine generators.
The Department is directed to support the advancement of
innovative technologies for offshore wind development including
freshwater, deep water, shallow water, and transitional depth
installations. Further, the agreement recommends not less than
$30,000,000 for the Department to prioritize early-stage
research on materials and manufacturing methods and advanced
components that will enable accessing high quality wind
resources, on research and development that will enable these
technologies to compete in the marketplace without the need for
subsidies, and on activities that will accelerate fundamental
offshore specific research and development such as those that
target technology and deployment challenges unique to U.S.
waters.
The Department is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 180
days after the enactment of this Act a report that outlines
regional and national strategies to accelerate and maximize the
effectiveness, reliability, and sustainability of U.S offshore
wind deployment and operation with partners from institutions
of higher education, research institutions, national
laboratories, the private sector, and state and local
governments. The study shall address the need for expanded work
in this area to potentially include an additional offshore wind
consortium.
In addition, the Department is directed to support
innovative offshore wind demonstration projects to optimize
their development, design, construction methods, testing plans,
and economic value proposition. The agreement recommends not
less than $10,000,000 to support additional project development
and pre-construction activities for offshore wind demonstration
projects to help ensure success.
The Department is directed to give priority to stewarding
the assets and optimizing the operations of the Department-
owned wind energy research and development facilities. Within
available funds, the agreement recommends not less than
$30,000,000 for the National Wind Technology Center and not
less than $5,000,000 for research and operations of the
Integrated Energy System at Scale.
The Department is encouraged to prioritize distributed wind
technologies that reduce costs and improve performance and to
collaborate with industry to invest in the development and
demonstration of technologies and practices that advance
distributed wind.
Research using high-performance computing, modeling and
simulation, including improved models can be used to understand
atmospheric and wind power plant flow physics, and reliability
and grid integration efforts.
Water Power.--The agreement provides $109,000,000 for
Marine and Hydrokinetic Technologies and not less than
$41,000,000 for Hydropower Technologies. The agreement supports
research and development, testing, and partnership activities
for the Powering the Blue Economy Initiative and provides not
less than $24,000,000 for these activities. The Department is
directed to use existing core capabilities within its national
laboratories to execute this work, in partnership with
universities and industry. The Department is encouraged to use
existing authorities to waive cost share for small businesses
and maximize competitively awarded solicitations for industry-
led research and development initiatives and project
deployment. The Committee recognizes the challenges of
decarbonizing remote communities and the maritime sector. The
Department is encouraged to focus on activities addressing the
integration of clean energy systems for remote communities and
port electrification, including the demonstration of marine,
distributed wind, solar, energy storage, improved microgrids,
and local production of zero-carbon fuels.
Within funding for marine and hydrokinetic technologies,
$60,000,000 is for a balanced portfolio of competitive
solicitations to support industry- and university-led research,
development, demonstrations and commercialization of wave and
current (ocean, river, tidal) systems and component
technologies to increase energy capture, reliability,
survivability, and integration into local or regional grids for
lower costs and to assess and monitor environmental effects.
The Department is encouraged to consider the need to create a
pipeline of well-trained students when determining competitive
solicitations.
The agreement recommends not more than $10,000,000 is for
the Testing Expertise and Access for Marine Energy Research
Program and related infrastructure investments.
Within available funds, up to $10,000,000 is provided to
address infrastructure needs at marine energy technology
testing sites. The Department is directed to continue its
coordination with the U.S. Navy on marine energy technology
development for national security applications at the Wave
Energy Test Site and other locations.
The agreement provides up to $5,000,000 to continue
operations at the Atlantic Marine Energy Center.
The agreement provides not less than $15,000,000 for
hydropower and pumped storage modernization initiatives,
including technologies, models, and analytical capabilities to
support integration of intermittent generation, increase grid
resilience and reliability, and improve access to electricity
in remote communities or those with inadequate service. Within
available funds, $3,000,000 is provided to identify
opportunities for improvements in hydropower infrastructure,
operations, and methods of deployment to provide benefits to
other managed water systems, such as irrigation and municipal
water supply.
Within available funds, the agreement provides $5,000,000
for small hydropower technology innovation, testing, and
initiatives. The agreement also recommends funding for new data
collection and analysis to improve operations and maintenance
by better understanding the impacts of changing operations on
equipment failure rates, reduced availability and costs,
including long-term and short-term inflow modeling work.
Within available funds, $1,500,000 is provided to
accelerate development and demonstration of environmental
mitigation technologies to address dissolved oxygen, water
quality and fish passage, including for invasive species
management.
Within available funds, $5,000,000 is provided for the
environmental analyses and engineering of potential run-of-
river hydrokinetic facilities at two sites with high
electricity costs and diesel use, as determined by the
Department. Funding may be used for such related field work,
engineering, and analysis necessary for a future Federal Energy
Regulatory Commission License.
The Department is encouraged to continue science and
modeling efforts to advance hydroelectric turbine design to
increase energy production while reducing environmental
impacts, including field data collection and improvements to
fish tagging technology.
Geothermal Technologies.--The agreement provides not less
than $64,000,000 for Enhanced Geothermal Systems, $20,000,000
for Hydrothermal Resources, $15,000,000 for Low Temperature and
Coproduced Resources, and $6,000,000 for Data, Modeling, and
Analysis. The agreement provides $10,000,000 for the Wells of
Opportunity Program.
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, $25,000,000 for the
Critical Materials Institute, 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 processes for hybrid
materials solutions with prescribed microstructural and
mechanical properties to enable precise property profiles for
born qualified and certified components. Funding is necessary
to improve and increase activities at all levels of the
critical materials supply chain, including technologies for
mining and metallurgy. Furthermore, water and energy are
critical resources that are inextricably linked, and that
understanding the interdependencies and vulnerabilities is
increasingly critical for the Department's mission.
The Committee provides $28,000,000 for the Clean Energy
Manufacturing Innovation Institutes (CEMI). Within available
funds, the agreement provides $14,000,000 for the final year of
funding for the recently awarded Cybersecurity in Energy
Efficient Manufacturing Institute. Furthermore, within
available funds, $14,000,000 is provided to create one new
institute. CEMIs are integral to the growth and security of the
Nation's manufacturing base and the REMADE Institute,
specifically its five distinct research areas. However, the
agreement objects to the Department's attempts to change
originally agreed upon and awarded areas of CEMI focus. The
Department shall not require a CEMI, like REMADE, to spend
appropriated funds without a specific timeframe that does not
best support ongoing research and development. To that end, of
amounts previously appropriated, not more than $15,000,000 of
awarded funds in the fourth round of solicitations shall be
committed to the Plastics Innovation Challenge. The Department
is directed to provide a briefing to the Committees on
Appropriations of both Houses of Congress not later than 60
days after the enactment of this Act on its efforts to support
ongoing projects at CEMIs.
The agreement provides not less than $5,000,000 for
improvements in the steel industry.
The agreement provides $20,000,000 for process-informed
science, design, and engineering materials and devices in harsh
environments, including nuclear environments, and $10,000,000
for dynamic catalyst science coupled with data analytics.
The agreement provides $45,000,000 for Industrial Technical
Assistance. Within this amount, 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; $12,000,000 for 32
Industrial Assessment Centers (IACs); and $5,000,000 for
wastewater treatment technical assistance. The Department is
encouraged to expand on the technical assistance provided by
the IACs to address these needs, including by equipping the
directors of the IACs with the training and tools necessary to
provide technical assistance on energy savings to these
facilities.
The agreement provides $20,000,000 for research and
development on technologies to achieve energy efficiency of
water and wastewater treatment plants as provided in the House
report.
Within available funds, $10,000,000 is provided for the
development of advanced tooling for lightweight automotive
components to lead the transition to electric vehicle and
mobility solutions to meet the national urgency for market
adoption. This funding shall also support activities to carry
out industry outreach to identify and report on the breadth of
need and potential applicants for such grants.
Within available funds, the agreement provides not less
than $10,000,000 for continued work on battery manufacturing
research and development that includes strong end user
participation.
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. Further,
$7,000,000 is provided for additive manufacturing of wind
turbine components and $18,000,000 is provided for advanced
wind turbine blade manufacturing research including additive
composite tip technology, automation, and sustainability.
Within available funds, the agreement provides $5,000,000 for
the development of thermoplastic resin systems research for
wind turbine manufacturing.
The agreement provides $5,000,000 to continue to develop
and industrialize a low-cost polymer infiltration process for
the fabrication of silicon carbide components. The agreement
recognizes the Department's expertise in developing materials
and processes for very high temperature applications. Silicon
carbide ceramic matrix composites are a proven, capable
material for high temperature applications.
The agreement provides not less than $5,000,000 to apply
the Office of Science's leadership computing facility expertise
in machine learning to increase efficiencies in large scale,
high rate, aerostructures manufacturing. The Department is
encouraged to leverage best practices from large-scale, high-
rate commercial composite aerostructure manufacturing.
Within available funds, the Committee recommends not less
than $10,000,000 to support research, development, and
demonstration projects to advance the development and
commercialization of direct air capture technologies. The
program is directed to continue collaboration with the Office
of Science and the Office of Fossil Energy in this area.
The agreement provides $5,000,000 for continued work on the
development of aluminum alloy.
The Department is directed to further foster the
partnership between the national laboratories universities, and
industry to use bio-based thermoplastics composites, such as
micro- and nanocellulosic materials, and large-area 3-D
printing to overcome challenges to the cost and deployment of
building, transportation, and energy technologies. The
agreement provides $20,000,000 to continue the development of
additive manufacturing involving nanocellulosic feedstock
materials made from forest products to overcome challenges to
the cost and deployment of building, transportation, and energy
technologies, and encourages the Department to leverage
expertise and capabilities for large-scale additive
manufacturing through partnerships between universities and the
MDF.
The agreement provides $10,000,000 for district heating,
within which the Department shall make grants to support
capital construction costs of demonstration projects that
deploy community district energy projects in association with a
renewably fueled municipal generating station. The Department
is reminded that biomass is a viable energy source for district
energy and directs the Department to take that into
consideration in its funding opportunity announcements
The agreement provides $5,000,000 to continue technology
development to convert lithium chloride from geothermal brine
into lithium hydroxide that will inform the design of a
commercial-scale facility that will both extract lithium from
geothermal brine and convert the lithium in geothermal brine
into the lithium hydroxide.
Within available funds, the agreement provides $10,000,000
to continue the development of alternatives to fossil fuel-
based process heating technologies for use in manufacturing,
including technologies that could be used to reduce emissions
from industrial drying processes.
The agreement recognizes that meeting growing global
demands for the use of more sustainable chemistry in consumer
and commercial products has the potential to create significant
economic opportunities for U.S. manufacturing that can be
enhanced by ensuring that sustainability factors are considered
in new chemicals development. Within available funds,
$5,000,000 is provided for activities to support chemistry
research and development. The Department is directed to provide
to the Committees on Appropriations of both Houses of Congress
not later than 90 days after the enactment of this Act a report
exploring how incorporating sustainable chemistry in consumer
and commercial manufacturing processes fits within its research
and development portfolio.
The Department is directed to produce a report on the
opportunities for technological development in the production
of advanced Si-C anode materials for Li-on batteries and how
the Department would promote integration of a domestic supply
chain. The Department is directed to provide this report to the
Committees on Appropriations of both Houses of Congress within
90 days after the enactment of this Act.
The Department has not produced the national smart
manufacturing plan directed in Public Law 115-244 and is
directed to provide this plan to the Committees on
Appropriations of both Houses of Congress not later than 60
days after the enactment of this Act.
Building Technologies.--The agreement provides $40,000,000
for Residential Buildings Integration, $50,000,000 for
Commercial Buildings Integration, $140,000,000 for Building
Energy R&D, also known as Emerging Technologies, and not less
than $55,000,000 for Equipment and Building Standards. Within
funds for Equipment and Building Standards, not less than
$10,000,000 is provided for Building Energy Codes. The
Department is missing legal deadlines for over 25 energy
efficiency standards mandated by Congress. The Department is
directed to finalize these standards as soon as practicable and
report to the Committees on Appropriations of both Houses of
Congress not later than 30 days after the enactment of this Act
on the status of each of these standards and any funding or
staffing barriers to finalizing these standards.
The agreement directs the Department to maintain existing
transactive control research efforts and provides not less than
$30,000,000 for building-grid integration research and
development consistent with a transactive energy system and in
coordination with the Office of Electricity transactive energy
systems program, integration of renewable energy assets, such
as photovoltaics, associated hardware and software development,
and the establishment of a living-learning laboratory that
integrates education for training of new and current
professionals.
Within available funds, $8,000,000 is provided to continue
promoting regional demonstrations of new, utility-led,
residential Connected Communities advancing smart grid systems.
Further, within funds available for Building Energy R&D, the
agreement provides not less than $18,000,000 for heating,
ventilation, and air conditioning and refrigeration R&D,
including sourced heat pumps, water heaters, and boilers.
Within funds for Building Energy R&D, the agreement
provides $14,000,000 for Building Envelope and $5,300,000 for
Building Energy Modeling. The Department is encouraged to
include field evaluation efforts in these programs. Further,
the Department is encouraged to focus R&D efforts to address
whole building energy performance and cost issues for air
source heat pumps to inform efforts to advance electrification
without compromising building energy performance.
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.
Within available funds, $5,000,000 is provided for novel
earlier-stage research, development, and demonstration of
technologies to advance energy efficient, high-rise Cross-
Laminated Timber (CLT) building systems. The Department is
directed to support university research in partnership with
national labs, for developing, building, and evaluating CLT
wall systems for embodied energy content, operating energy
efficiency, wall moisture profiles, structural connector
durability, and health monitoring systems.
Within available funds, the agreement provides $10,000,000
for a competitive solicitation focused on the development and
integration of energy efficient building techniques and
technologies suitable for environments with extremely high or
low temperatures. Priority shall be given to applicants with
prior experience serving low-income residents living in extreme
environments.
The agreement provides $5,000,000 to continue to
demonstrate the use of ice storage technology to enable load-
shifting to offset electrical grid capacity peaks at lower
costs than electrochemical storage at public-use buildings such
as state office buildings, hospitals, and schools.
The agreement supports continued innovative housing
research that encourages the design, construction, and
retrofitting of energy efficient, fire resistant, and resilient
residential homes and commercial buildings, and encourages the
Building America Program to prioritize funding for resiliency
solutions that also meet the energy code and reach codes. The
Department is encouraged to collaborate with national
laboratories, industry, other agencies, community-based
organizations, and local communities that are making notable
progress in developing construction techniques, building
materials, and building assemblies to address risks presented
by wildfires.
The Department is encouraged to continue to explore
research and development that can advance future natural gas
and propane gas systems and appliances to meet consumer demand
for high efficiency and environmentally friendly products. The
agreement recommends continued research, development, and
market transformation programs on energy efficiency efforts
related to the direct use of natural gas and propane gas in
residential applications, including gas heat pump heating with
power generation and water heating, on-site combined heat and
power, and gas appliance venting, and on site (micro) combined
heat and power to include integration with renewables.
Thermally driven heat pumps [THPs] offer the next
generation of space conditioning and/or water heating for low-
load buildings and have the potential to reduce greenhouse gas
emissions by 40 percent or greater from a condensing gas
efficiency baseline. Further work is needed to test and
evaluate these technologies in the field. The Department is
encouraged to establish a Thermal Heat Pump Consortium, led by
a non-profit, to integrate and deploy new THP technologies in a
joint industry partnership. The Department is directed to
provide a briefing to the Committees on Appropriations of both
Houses of Congress not later than 90 days after the enactment
of this Act regarding the potential need for a consortium.
Federal Energy Management Program.--The agreement provides
$2,000,000 for the Performance-Based Contract National Resource
Collaborative Initiative and reiterates House direction
regarding a report. The agreement provides $11,000,000 for the
Assisting Federal Facilities with Energy Conservation
Technologies program.
Weatherization and Intergovernmental Program.--The
agreement provides $310,000,000 for Weatherization Assistance
Grants, $5,000,000 for Training and Technical Assistance, and
$62,500,000 for the State Energy Program. Within available
funds, $500,000 is provided for technical assistance to
continue the Sustainable Wastewater Infrastructure of the
Future Accelerator. Within available funds, the agreement
provides $1,000,000 for WAP grant recipients that have
previously worked with the Department through the
Weatherization Innovation Pilot Program to now implement and
demonstrate programs to treat harmful substances, including
vermiculite, at the state and regional level.
The agreement provides $1,500,000 within funds for
technical assistance to create a pilot that supports community
and neighborhood scale weatherization, including the
feasibility of integrating renewable and alternative energy
infrastructure, and reiterates House direction on this matter
and regarding a report.
The Department is encouraged to work with all relevant
stakeholders to identify efficiencies for delivering
weatherization services and examine options to streamline
policies and procedures when other funding sources are used,
such as Low Income Home Energy Assistance Program (LIHEAP)
funds in conjunction with funds from the Department. Further, a
top priority shall be to provide federal funds in a timely
manner to avoid any undue delay of services to eligible low-
income households, and to encourage local high-impact energy
efficiency and renewable energy initiatives and energy
emergency preparedness. Similarly, it is important for states
to provide funding to local weatherization implementers as
quickly as appropriate, and for the local providers to
implement projects as quickly as possible.
The Department's continued participation in the interagency
working group on Healthy Homes and Energy is appreciated, and
the Department is encouraged to further coordinate with the
Office of Lead Hazard Control and Healthy Homes on energy-
related housing projects. The Department is directed to track
the occurrence of window replacements, which supports the
reduction of lead-based paint hazards in homes.
Strategic Programs.--The agreement provides $3,000,000 for
the Energy Transition Initiative to develop a cross-sector
initiative alongside community-based organizations pursuing
energy transition efforts that will address energy challenges,
build capacity, accelerate the sharing of best practices and
innovations between similarly-situated regions, and to leverage
specialized, local expertise into commercial opportunity. The
Department is directed to support community-based initiatives
by partnering with community-based organizations and leverage
the Department's previously developed tool to build cost-
effective resilient energy infrastructure on island and remote
communities.
Facilities and Infrastructure.--The Department is directed
to proceed with project engineering and design for the Energy
Materials and Processing at Scale research capability at the
National Renewable Energy laboratory. Not less than $6,000,000
is recommended for Other Project Costs and to commence Project
Engineering and Design.
Cybersecurity, Energy Security, and Emergency Response
The agreement provides $156,000,000 for Cybersecurity,
Energy Security, and Emergency Response.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The Department is directed to collaborate with other
federal agencies on cybersecurity efforts to ensure effective
contributions to the overall success of the federal critical
infrastructure security mission.
The agreement places a high priority on ensuring the
protection of the grid against cyberattacks and extreme weather
events caused by climate change.
Many different actors, governmental and private, play a
role in preventing and responding to threats to the nation's
energy infrastructure. The Department is expected to continue
coordinating its efforts with all stakeholders to ensure the
highest priority areas are being addressed effectively in its
ongoing efforts to protect the grid.
Grid security and resiliency are issues of paramount
importance to national security. The nation continues to face
global cybersecurity threats from nations such as Iran, Russia,
and North Korea, which have launched documented cyberattacks
against the country. U.S. electric grid infrastructure remains
a top target, and the Department is encouraged to work with
electric cooperatives, public utility districts, investor-owned
utilities, and municipal utilities to plan and build out needed
cybersecurity infrastructure.
The agreement notes the use of an advanced cyber analytics
tool currently utilized within the Department that maps
classified and unclassified networks, and the Department is
encouraged to consider this tool for other applications within
the Department, as appropriate.
The agreement notes support for the extension of cyber-risk
information sharing tools to close remaining vulnerabilities in
the distribution and transmission system. The Department is
encouraged to continue existing work within ongoing programs
and to invest in research addressing power system
vulnerabilities in supply chain and life cycle management for
critical power system components and advanced adaptive
defensive methods for grid control systems.
The agreement notes support for departmental initiatives
focused on cybersecurity risk information-sharing and secure
data anonymization and analysis for both operational and
information technology components of equipment commonly
utilized in both the bulk power system and distribution
systems. The Department is encouraged to prioritize enrolling
under-resourced electric utilities in such programs,
particularly rural electric cooperatives and municipally-owned
entities.
Within available funds for Cybersecurity for Energy
Delivery Systems (CEDS), the agreement provides $5,000,000 for
Consequence-driven Cyber-informed Engineering.
Within available funds for CEDS, the agreement provides
$10,000,000 for the DarkNet project to explore opportunities
for getting the nation's critical infrastructure off the
internet and shielding the nation's electricity infrastructure
from disruptive cyber penetration, including expansion of the
communications network architecture and development of cutting-
edge networking technologies. This effort shall be closely
coordinated with the Office of Electricity.
Within available funds for CEDS, the agreement provides
$4,000,000 for university-based R&D 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 agreement provides up
to $10,000,000 to establish a network of university-based,
regional electric power cybersecurity centers. The centers
should address interrelated research and development challenges
of cybersecurity and critical energy infrastructure and develop
a trained, globally competitive workforce. The centers should
be distributed regionally across the country to leverage
regional utilities, national laboratories, and regulatory
bodies and consider the distinctive characteristics of each
region's electricity system, network of infrastructure, and
workforce expertise.
Within available funds for CEDS, the agreement supports a
pilot project to demonstrate cybersecurity best practices and
collaborations in deploying and operating cybersecure electric
vehicle charging facilities.
Within available funds for Infrastructure Security and
Energy Restoration, the agreement provides not less than
$6,000,000 for the continued advancement of EAGLE-I to further
develop energy sector situational awareness capabilities.
The Department has refused to provide both factual and
timely information or notification to the Committees on
Appropriations of both Houses of Congress regarding the leasing
of space for a Department of Energy Integrated Security Center,
which has not been requested by the Administration in any prior
budget request. 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 to
convey the purpose of this project and mission need; details
regarding the lease, including length and cost of obligated and
future funding needs; and current and future staffing plans.
Electricity
The agreement provides $211,720,000 for Electricity.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The agreement supports planning and contingency analyses
that address vulnerabilities in the North American energy
system. This work will help to identify transmission
infrastructure investments, strategic uses and placement of
energy storage systems, and other strategies to help mitigate
risk and ensure the security and resilience of the grid.
Within available funds for Transmission Reliability and
Resilience, the agreement provides $5,000,000 for the Grid
Research Integration and Demonstration Center to advance
technologies in support of modernizing the electric delivery
system and understanding the Nation's electricity
infrastructure using real-time data.
The agreement supports continued investment in advanced
grid modeling algorithms and tool development to ensure
resilient grid controls and protection systems that meet the
challenges of the emerging smart grid.
The fiscal year 2020 Act directed the Department to provide
a report outlining the barriers and opportunities for
technologies that provide increased, more efficient, or more
effective delivery over the existing transmission network. The
Department is directed to provide the report not later than 30
days after enactment of this Act.
Within available funds for Resilient Distribution Systems,
the Department is directed to continue efforts to support the
integration of sensors into the nation's electric distribution
systems, fundamental research and field validation of microgrid
controllers and systems, and transactive energy concepts,
including studies and evaluations of energy usage behavior in
response to price signals. A high priority should be placed on
addressing challenges that could compromise the electric power
grid by developing the innovative technologies, tools, and
techniques to modernize the distribution portion of the
electricity delivery system. Further, the Department should
continue to pursue strategic investments to improve
reliability, resilience, outage, recovery, and operational
efficiency, building upon previous and ongoing grid
modernization efforts. In addition to emerging fuel
technologies for distributed grids, the Department should
evaluate fuels commonly available across the United States,
such as propane and other diesel alternatives. The Department
is directed to focus on identifying and addressing technical
and regulatory barriers impeding grid integration of
distributed energy systems to reduce energy costs and improve
the resiliency and reliability of the electric grid and funds
provided for the Advanced Grid Integration Division for these
activities. The agreement supports advanced control concepts
and open test beds for new distribution control tools for
enhanced distribution system resilience.
Within available funds for Resilient Distribution Systems,
the agreement provides $10,000,000 for the COMMANDER
(Coordinated Management of Microgrids and Networked Distributed
Energy Resources) National Test Bed Laboratory to establish a
data link for a back-up operations center that can benefit
utility companies across the country and support the North
American Energy Resilience Model.
Within available funds for Resilient Distribution Systems,
the agreement provides $5,000,000 for a demonstration project
with the Department's Grid Sensors and Sensor Analytics
program. The demonstration should include a focus on utilizing
data from distribution utilities that have deployed advanced
metering infrastructure.
Within available funds for Energy Storage, the Department
should continue to support development of an operational energy
storage test facility capable of performance-driven data in a
utility environment. The Department is encouraged to allocate
resources to provide training and technical assistance to
firefighters and code inspectors on battery storage, such as
through scenario-based in-person or online training. The
agreement is supportive of research for novel materials and
system components to resolve key cost and performance
challenges for electrochemical energy storage systems based on
earth abundant advanced chemistries. In addition, the agreement
supports continued materials research that will improve the
understanding and predictability of energy storage systems and
components, as well as enable safer and more reliable materials
and systems to be developed.
Within available funds for Energy Storage, the agreement
provides not less than $5,000,000 for battery storage
demonstration projects that are located in areas where grid
capacity constraints result in curtailment of renewable
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. Direct storage from solar generation may also be
incorporated.
With available funds for Energy Storage, the agreement
provides for not less than one pilot energy storage project
that demonstrates business model innovation targeted at cost-
effective deployment through aggregation in rural electric
cooperatives. The Department is encouraged to focus on reducing
the soft costs of novel project design and optimization and
developing legal and power purchase model agreements that can
be replicated in cooperatives elsewhere in the nation, reducing
future costs for deployment of energy storage projects.
Within available funds for Transformer Resilience and
Advanced Components, the Department is directed to continue to
support research and development for advanced components and
grid materials for low-cost power flow control devices,
including both solid-state and hybrid concepts that use power
electronics to control electromagnetic devices and enable
improved controllability, flexibility, and resiliency. The
Department is directed to support research and development to
find safe and effective capture and reuse technologies, or safe
and effective alternatives, for the use of sulfur hexafluoride
in power generation and transmission equipment, including
circuit breakers, switchgear, and gas insulated lines.
Nuclear Energy
The agreement provides $1,507,600,000 for Nuclear Energy.
The agreement prioritizes funding for programs, projects, and
activities that will ensure a strong future for nuclear power
in the United States. The Department can and should play a more
active role in supporting the revitalization of the U.S.
nuclear industrial base. Without a clear vision and broad
commitment across government and industry, nuclear power in the
United States will become nonexistent.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The agreement continues to include additional control
points for fiscal year 2021, and the Department is directed to
submit its fiscal year 2022 budget request using this budget
structure.
The Department, in consultation with the National Nuclear
Security Administration, 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 non-proliferation and security risks and
international safeguards challenges associated with advanced
nuclear reactors and related fuel cycle technologies. The NAS
shall convene a committee whose members have expertise in
advanced nuclear reactors, nuclear non-proliferation and
security, enrichment and reprocessing, and other areas of
expertise that the NAS deems essential for completion of the
study. The NAS committee's consensus study report shall also
provide findings and recommendations that may consider policy
options as long as the recommendations do not involve non-
technical value judgments. The study shall include assessments
of the proliferation implications of high-assay low-enriched
uranium, uranium-plutonium mixed oxide fuel, and advanced fuel
cycles that require separating plutonium from spent fuel. The
study shall also address the extent to which advanced reactors
and associated fuel cycle facilities, in their design and
operations, support International Atomic Energy Agency
safeguard activities, particularly those related to nuclear
material accounting and control as well as containment,
surveillance, monitoring, and timeliness of detection of
diversion. Advanced reactor technologies shall include the
designs under consideration by the Generation IV International
Forum and by the Department and any related fuel cycle
technologies. The study shall be submitted to the Committees on
Appropriations of both Houses of Congress not later than 18
months after the Department and NAS enter into a contractual
agreement.
Integrated University Program.--The agreement notes the
alarming statistics highlighting the severe shortage of highly
trained nuclear specialists and the lack of academic programs
to train and prepare individuals for work in the nuclear
sector. The budget request again attempts to defund this
program, despite continued success in developing highly
qualified nuclear specialists to meet national needs. The
agreement provides $5,000,000 to continue the Integrated
University Program, which is critical to ensuring the nation's
nuclear science and engineering workforce in future years.
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 to be 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.
Supercritical Transformational Electric Power.--The
agreement supports the collaborative efforts between the
national laboratories and industry partners to develop test
capabilities and validate grid-compatible supercritical carbon
dioxide Brayton cycle systems by April 2021.
Uranium Reserve.--The only direction regarding the Uranium
Reserve is provided in the Weapons Activities account.
NUCLEAR ENERGY ENABLING TECHNOLOGIES
Crosscutting Technology Development.--The agreement
provides $5,000,000 for research collaborations between
research universities and national laboratories utilizing
existing capabilities and infrastructure focused on the
benefits, as well as vulnerabilities of digital instrumentation
for existing and future nuclear reactors, including the use of
new approaches, such as predictive analytics, machine learning,
and artificial intelligence, to improve reactor safety and
performance and address cybersecurity issues. The agreement
provides $5,000,000 for a new program to strengthen the
pipeline of new materials that can make the current fleet, as
well as new advanced reactors, more resilient and more
economically competitive. The agreement provides not less than
$10,000,000 for hybrid integrated energy systems.
Joint Modeling and Simulation Program.--Use and application
of the codes and tools should be funded by the end user, not by
the Joint Modeling and Simulation Program.
Nuclear Science User Facilities.--The agreement provides
not less than $10,000,000 for nuclear energy computation system
and support and not less than $3,000,000 for Nuclear Materials
Discovery and Qualification. The agreement provides $2,000,000
to begin preconceptual design of a secure, separate, and
shielded beamline at the NSLS II at Brookhaven National
Laboratory to examine radioactive materials.
FUEL CYCLE RESEARCH AND DEVELOPMENT
Material Recovery and Waste Form Development.--The
agreement provides not less than $10,000,000 for EBR-II
Processing for HALEU and up to $10,000,000 to continue work on
the ZIRCEX process to recover Highly Enriched Uranium from used
naval fuel or unirradiated research reactor fuel.
Accident Tolerant Fuels.--The agreement continues to place
a high priority on this program and urges the Department to
maintain focus and priority on achieving results in these
efforts. The agreement provides not less than $55,600,000 to
continue the participation of three industry-led teams in Phase
2B of the cost-shared research and development program; not
less than $20,000,000 to support accident tolerant fuels
development at the national laboratories and other facilities;
not less than $15,000,000 for testing, code development, and
licensing of higher-enriched and higher burnup fuels; and not
less than $5,000,000 for further development of silicon carbide
ceramic matrix composite fuel cladding for light water
reactors. The agreement continues to place a high priority on
this silicon carbide program and urges the Secretary to
maintain focus and priority on modernization that provides
maximum safety benefit. The agreement notes concern that
funding for the industry-led portions of the Accident Tolerant
Fuels program, and for the testing and development of higher-
enriched and higher burnup fuels, is not being obligated by the
Department in a timely manner. The Department is directed to
provide to the Committees on Appropriations of both Houses of
Congress a briefing on its plan to allocate and obligate funds
required in this Act and fiscal year 2020 and any negative
schedule impacts caused by the delays in allocating or
obligating funding. The Department is encouraged to evaluate
accident tolerant fuel irradiation testing capability gaps
resulting from the closure of the Halden reactor.
TRISO Fuel and Graphite Qualification.--The agreement
provides up to $6,000,000 to continue the transition of TRISO
fuel to a multiple-producer market, ensuring that more than one
industry source would be available to the commercial and
government markets.
Used Nuclear Fuel Disposition R&D.--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.
Integrated Waste Management Systems.--The Department is
directed to continue site preparation activities at stranded
sites, to evaluate the re-initiation of regional transport, and
undertake transportation coordination efforts. Additionally, it
is noted that spent nuclear fuel is in many cases located in or
near cities and Indian reservations. As the Department
continues to plan for an integrated waste management system for
our nation's spent nuclear fuel, the Department is encouraged
to include planning for the removal of spent nuclear fuel from
sites located near cities and Indian reservations.
REACTOR CONCEPTS RESEARCH AND DEVELOPMENT
Advanced Small Modular Reactor RD&D.--The agreement
includes $115,000,000 for ongoing work to support regulatory
development, design, and demonstration activities. Consistent
with the budget request, no funds are provided for the Joint
Use Modular Program.
Light Water Reactor Sustainability.--The most cost-
effective way for the United States to maintain low-cost,
carbon-free electricity is to safely extend the lives of the
nation's existing nuclear reactors from 60 to 80 years.
Therefore, the agreement recommends additional funding above
the budget request for this activity as a priority. The
agreement provides $10,000,000 to support new or previously
awarded hydrogen demonstration projects.
Advanced Reactor Technologies.--The agreement provides
$16,000,000 to support current and previously awarded Advanced
Reactor Concepts industry agreements and not less than
$15,000,000 for MW-scale reactor research and development.
The Department is directed to submit to the Committees on
Appropriations of both Houses of Congress not later than 90
days after enactment of this Act a report outlining a strategy
for siting a microreactor at an institution of higher education
with existing infrastructure to support the reactor siting,
perform fundamental research, test enabling technologies and
cyber security solutions for grid integration, train the future
workforce, and de-risk deployment for future private sector
applications.
VERSATILE TEST REACTOR
The Department is directed to submit to the Committees on
Appropriations of both Houses of Congress not later than 30
days after enactment of this Act a plan for executing the
Versatile Test Reactor project via a public-private partnership
with an option for a payment-for-milestones approach.
ADVANCED REACTOR DEMONSTRATION PROGRAM
The agreement provides $250,000,000 for the Advanced
Reactor Demonstration Program. The agreement notes the
importance of the deployment of advanced reactors to the
nation's ability to regain its leadership in nuclear energy. In
fiscal year 2020, Congress directed the Secretary to commence
the Advanced Reactor Demonstration Program. The agreement
strongly supports the Department's intent to move quickly on
the solicitation and award of these demonstration programs, and
the Department is directed to continue to streamline its
procurement process and aggressively act to ensure
implementation is not delayed.
National Reactor Innovation Center.--The agreement provides
up to $15,000,000 for capital design and pre-construction
activities for demonstration reactor test bed preparation at
Idaho National Laboratory supporting reactor demonstration
activities. The Department shall submit a Construction Project
Data Sheet for each such applicable project that is expected to
exceed the minor construction threshold in future budget
requests.
IDAHO SITEWIDE SAFEGUARDS AND SECURITY
The agreement provides $12,000,000 for consolidated
training facility at the Central Facilities Area.
Fossil Energy Research and Development
The agreement provides $750,000,000 for Fossil Energy
Research and Development.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The agreement provides no funds to plan, develop,
implement, or pursue the consolidation or closure of any of the
National Energy Technology Laboratory (NETL) sites.
The agreement provides up to $4,000,000 for a demonstration
project to show the increased viability of renewable liquefied
petroleum gases.
The Department is encouraged to develop educational
partnerships focused on carbon capture and storage, methane
capture and storage, and emission mitigation technologies. The
Department is directed to submit to the Committees on
Appropriations of both Houses of Congress not later than 90
days after enactment of this Act a report detailing possible
education partnerships in these areas.
The agreement rejects the approach to only provide funds
for early-stage research. Such restrictions would cripple
innovation and development and would reduce the number of
energy technologies adopted in the marketplace.
The agreement provides not less than $5,000,000, and up to
$15,000,000, for natural gas demand response pilot programs to
be developed by gas utilities, state public utility
commissions, and local distribution companies. The Department
is encouraged to prioritize funding of pilots that have the
potential to advance real-time deployment and testing of new
technologies that could be used to design, implement, and
monitor the effectiveness of natural gas demand response.
The agreement provides not less than $40,000,000 for the
research and development of negative emissions technologies,
including not less than $15,000,000 for direct air capture.
The agreement provides not less than $5,000,000 for
integrated energy systems.
The agreement notes the lack of commercially-viable carbon
capture technology available for industrial manufacturers to
significantly reduce emissions in a globally competitive
manner. The Department was previously directed in the fiscal
year 2020 Act 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 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 Department is
directed to provide the briefing and report to the Committees
on Appropriations of both Houses of Congress not later than 90
days after enactment of this Act. Further, the agreement
supports research and development on industrial decarbonization
and catalyzing industry-government research partnerships,
including CCUS with an emphasis on reuse utilization within
industry processes and materials; low-carbon fuels (e.g.
hydrogen); transformative technology that will allow deep
industrial decarbonization (including demonstration and
deployment at scale); materials efficiency and circular
economy; and carbon intensity definitions and labeling across
key product groups.
CCUS AND POWER SYSTEMS
The agreement recommends funding for the National Carbon
Capture Center consistent with the cooperative agreement. The
Department continues to be encouraged to establish university
partnerships to support ongoing fossil energy programs, to
promote broader research into carbon capture, utilization, and
storage technologies, and to expand its technology transfer
efforts. The Department has previously funded several
university-based CCUS projects and is encouraged to build on an
established research base to support ongoing research and to
address wider implementation of CCUS technologies.
The Department is directed to use funds within CCUS and
Power Systems for research and development across a broad range
of technology and fuel applications as it determines to be
merited.
The Department is directed to increase public-private
partnerships and natural gas-based carbon capture research
program opportunities.
The agreement supports funding for activities that promote
the reuse of captured carbon dioxide from coal, natural gas,
industrial facilities, direct air capture, and other sources
for the production of fuels and other valuable products. The
Department is directed to significantly advance carbon
utilization activities over the next ten years with specific
technology goals and milestones to ensure that the Department
is using its resources in the most efficient manner. The
purposes of the work should include improving the economics
associated with domestic energy production, achieving
optionality in carbon management, and further reducing
emissions.
The agreement supports the Department's existing
cooperative agreements to develop cost-sharing partnerships to
conduct basic, fundamental, and applied research that assist
industry in developing, deploying, and commercializing
efficient, low-carbon, nonpolluting energy technologies that
could compete effectively in meeting requirements for clean
fuels, chemical feedstocks, electricity, and water resources.
The agreement reiterates the importance of adequate Federal
support to promote design-related work and testing for a
commercial scale, post-combustion carbon dioxide capture
project on an existing coal-fueled generating unit as well as
research, development and deployment of breakthrough
technologies, including co-firing with agricultural and forest
residue biomass to achieve net greenhouse gas emissions
reductions.
Within available funds for Carbon Capture, not less than
$8,000,000 is for research and optimization of carbon capture
technologies for use at industrial facilities and not less than
$10,000,000 is for carbon capture research for natural gas
power systems. The agreement provides not less than $15,000,000
for a new solicitation for FEED studies of commercial-scale
carbon capture projects that generate carbon dioxide suitable
for geologic storage, with at least two of these studies
supporting projects at industrial facilities such as a steel or
cement facility.
Within available funds for Carbon Utilization, the
agreement provides not less than $8,000,000 for a competitive
solicitation to conduct tests of technologies for carbon
dioxide absorption integrated with algae systems for capturing
and reusing carbon dioxide to produce useful fuels and
chemicals, giving priority for teams with university
participants.
Within available funds for Carbon Storage, the agreement
provides not less than $20,000,000 to expand and continue the
work of the Regional Carbon Sequestration Partnerships (RCSPs)
and $30,000,000 for CarbonSAFE. The agreement supports the
focus of the RCSPs on infrastructure development strategies
that develop regionally relevant business models for
implementation. The Department is directed to fully fund the
CarbonSAFE projects selected in fiscal year 2020 and within
remaining funds solicit proposals for additional CarbonSAFE
projects. The Department is encouraged to recognize the
importance of expanding regional geological characterization,
collecting and analyzing data, and addressing regional
monitoring, permitting, and policy challenges, as well as the
value of this work in supporting broadscale commercial
deployment efforts. Further, the Department is encouraged to
facilitate development and deployment of monitoring
technologies at carbon capture utilization and storage projects
with considerable progress towards commercial implementation.
The Department is encouraged to give attention to technologies
that promise near realtime results or employ big data, machine
learning, and artificial intelligence to better address issues
such as leak detection, monetization of credits, and permit
compliance.
Within available funds for Advanced Energy Systems, the
agreement provides $30,000,000 for Solid Oxide Fuel Cell (SOFC)
systems for distributed and central power generation,
electrolysis, SOFC combined heat and power, and storage
applications. To ensure timely development of this important
technology, which is cost-shared with industry, where
applicable, not less than 75 percent of the total shall be
allocated to the SOFC industry teams.
Within available funds for Advanced Energy Systems, the
agreement provides $27,000,000 for Advanced Turbines, and the
Department is directed to use these funds for a research and
development program to improve the efficiency of gas turbines
used in power generation systems, working cooperatively with
industry, universities, and other appropriate parties.
Within available funds for Advanced Energy Systems, the
agreement provides $30,000,000 for Advanced Coal Processing to
support early-stage research and development to enable the
conversion of coal pitch and coal to carbon fiber and other
value-added products for alternative advanced uses of coal, 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 encouraged to consider research and
development to improve cost and efficiency of coal-to-fuels
technology implementation and polygeneration.
The agreement provides no direction with respect to the
Coal FIRST Initiative.
Within available funds for Cross Cutting Research, the
agreement provides not less than $23,000,000 for the Department
to continue its external agency activities to develop and test
advanced separation technologies and accelerate the advancement
of commercially viable technologies for the recovery of rare
earth elements and minerals from U.S. coal and coal byproduct
sources. The agreement supports research to support pilot-scale
and experimental activities for near-term applications, which
encompass the extraction and recovery of rare earth elements
and minerals from conditionally-favorable U.S. coal and coal
byproduct sources. The Department is encouraged to continue
investments to accelerate the advancement of commercially-
viable technologies for the recovery of rare earth elements and
critical minerals from lignite, and the Department is expected
to fund a more detailed assessment of lignite resources and to
devise cost-effective methods of removing rare earths from
lignite.
Within available funds for Cross Cutting Research, the
agreement provides $1,500,000 to accelerate development and
deployment of wireless sensor systems for coal-fired power
generation in order to improve generating efficiency, reduce
emissions, and lower maintenance costs.
Within available funds for Cross Cutting Research, the
agreement provides $5,000,000 for the Advanced Energy Storage
Initiative.
The agreement provides no direction for plant optimization
technologies or the Advanced Ultrasupercritical Program.
Within available funds for STEP, the agreement supports
efforts, consistent with the original scope of work, to
complete the necessary design and construction of the 10-MW
pilot and to conduct the necessary testing for the facility.
There is concern about repeated cost overruns for the project,
and the Department is directed to brief the Committees on
Appropriations of both Houses of Congress not later than 30
days after enactment of this Act on an updated scope and cost
profile that incorporates all past, current, and potential
future cost increases necessary to complete the project. The
agreement also provides funds for competitively-awarded
research and development activities, coordinated with the
Offices of Nuclear Energy and Energy Efficiency and Renewable
Energy, to advance the use of supercritical power cycles.
NATURAL GAS TECHNOLOGIES
The agreement provides $25,000,000 for methane hydrate
research; $13,000,000 for Emissions Mitigation from Midstream
Infrastructure; $6,500,000 for Emissions Quantification from
Natural Gas Infrastructure; and $12,000,000 for Environmentally
Prudent Development, including $5,200,000 for the Risk Based
Data Management System.
The agreement notes there is belief that FracFocus should
maintain its autonomy and not be incorporated into any federal
agency.
The Department is encouraged to perform a long-term methane
hydrate production test in the Arctic, as proposed by the
Methane Hydrate Advisory Committee's earlier recommendations
(May 21, 2014). Further, within available funds for methane
hydrate research, the agreement provides $5,000,000 for
university research and field investigations in the Gulf of
Mexico to confirm the nature, regional context, environmental
impacts, and hydrocarbon system behavior of gas hydrate
deposits.
Within available funds for Emissions Mitigation from
Midstream Infrastructure, the agreement recommends funds to
support natural gas infrastructure research, including advanced
materials and novel sensor technologies.
The Department is encouraged to work with regional
universities to evaluate ways to create or add value to natural
gas liquids in the Bakken and potential for use in the region.
The agreement notes the Department was previously directed
in the fiscal year 2019 Act to submit to the Committees on
Appropriations of both Houses of Congress not later than 18
months after the date of enactment a study on the potential for
natural gas demand response across energy sectors geographic
regions. The Department is encouraged to provide this report
expeditiously.
UNCONVENTIONAL FOSSIL ENERGY TECHNOLOGIES
The agreement provides $20,000,000 for research that
develops improved enhanced recovery technologies. In continuing
with prior direction, the Department shall ensure these funds
are awarded to universities and not-for-profit research
organizations.
The agreement provides not less than $19,000,000 for the
Unconventional Field Test Sites. The agreement supports
leveraging these field test sites to test methods for improving
recoveries from the growing inventory of existing wells. The
Department is encouraged to continue research focused on
produced water management and beneficial re-use, and methane
emissions (particularly flaring) capture and beneficial re-use.
The agreement provides not less than $4,000,000 for further
research on multipronged approaches for characterizing the
constituents of and managing the cleaning of water produced
during the extraction of oil and natural gas, of which not less
than $2,000,000 is provided to partner with research
universities engaged in the study of characterizing, cleaning,
treating, and managing produced water and who are willing to
engage through public private partnerships with the energy
industry to develop and assess commercially viable technology
to achieve the same. The Department is encouraged to explore
research and development for safe drilling and completion
technologies that use no fresh water and can be deployed in
horizontal wells.
The Department was previously directed in the fiscal year
2020 Act to provide a report to the Committees on
Appropriations of both houses of Congress that outlines the
Department's efforts to maintain a stable petroleum engineering
workforce and knowledge base, as well as future activities the
Department can undertake to strengthen it. The Department is
encouraged to submit the report expeditiously.
NATIONAL ENERGY TECHNOLOGY LABORATORY
Within available funds for NETL Infrastructure, the
Department is directed to prioritize funds for Joule, the
Computational Science and Engineering Center, the Center for
Artificial Intelligence and Machine Learning, the Advanced
Alloy Development Facility, site-wide upgrades for safety, and
addressing and avoiding deferred maintenance.
Naval Petroleum and Oil Shale Reserves
The agreement provides $13,006,000 for the operation of the
Naval Petroleum and Oil Shale Reserves.
Strategic Petroleum Reserve
The agreement provides $188,000,000 for the Strategic
Petroleum Reserve. The Department is directed to maintain
1,000,000 barrels of gasoline blendstock in the Northeast
Gasoline Supply Reserve.
No funding is requested for the establishment of a new
regional petroleum product reserve, and no funding is provided
for this purpose. Further, the Department may not establish any
new regional petroleum product reserves unless funding for such
a proposed regional petroleum product reserve is explicitly
requested in advance in an annual budget request and approved
by Congress in an appropriations Act.
SPR Petroleum Account
The agreement provides $1,000,000 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 $6,500,000 for the Northeast Home
Heating Oil Reserve.
Energy Information Administration
The agreement provides $126,800,000 for the Energy
Information Administration. The agreement recognizes the
importance of building energy information and the opportunity
for better data collection presented by new technologies. The
Department is encouraged to continue important data collection,
analysis, and reporting activities on energy use and
consumption, including the Commercial Buildings Energy
Consumption Survey and the Residential Buildings Energy
Consumption Survey. The Department is encouraged to upgrade the
Commercial Buildings Energy Consumption Surveys to a real-time
data collection system with rapid reporting of results, without
compromising statistical validity or data security. The
Department is also encouraged to collect additional data on
light-emitting diode bulbs, commercial building codes, and
electric transmission.
The Department is directed to submit to the Committees on
Appropriations of both Houses of Congress not later than 180
days after enactment of this Act a report on how the Energy
Information Agency can supply increased data regarding the
electricity consumption and emissions for retail electricity
suppliers, and for city, within city limits, served by an
electric utility. The report shall also include the potential
costs and benefits associated with the collection and
dissemination of such data, and identification of major
suppliers and cities where collection and dissemination of such
data could be completed at a reduced level of effort and cost.
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 outlining resources
necessary to further develop National Energy Modeling System
capabilities to be able to simulate deep decarbonization
scenarios, including economy-wide net-zero emissions policies.
The Department is encouraged to work with stakeholders to
explore gathering reasonably accurate data on the delivered
generation resource mix and emissions rates for every load-
serving entity as defined in 16 U.S.C. Sec. 824q(2). 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 recommendation to amend its
data collection efforts and reflect progress as part of an
annual report.
Non-Defense Environmental Cleanup
The agreement provides $319,200,000 for Non-Defense
Environmental Cleanup.
Small Sites.--The agreement provides $110,933,000 for Small
Sites cleanup. Within this amount, $12,000,000 is for the
Energy Technology Engineering Center, $11,000,000 is for Idaho
National Laboratory, $30,100,000 is to continue work at
Lawrence Berkeley National Laboratory, $47,833,000 is for Moab,
and $10,000,000 is for excess Office of Science facilities.
Energy Technology Engineering Center.--The Committee is
pleased with the progress of building demolition, including the
recent agreement between the Department and the State of
California to demolish the remaining buildings on site. The
Committee remains concerned about soil and groundwater
remediation and encourages the parties to use the 2007 Consent
Order and 2010 Administrative Order on Consent to enter
negotiations on this topic. The Committee encourages the
Department to continue working with the State of California on
cleanup of the Site. The Department is directed to continue to
act in accordance with applicable laws, orders, regulations,
and agreements with the State of California.
Mercury Storage.--The agreement provides $2,100,000 for
mercury storage activities to comply with recent court actions
and to revise its Fee Rule. The Department is directed to
finalize the Fee Rule for mercury storage as expeditiously as
possible and provide a monthly status update to the Committees
on Appropriations of both Houses of Congress until the rule is
finalized.
Uranium Enrichment Decontamination and Decommissioning Fund
The agreement provides $841,000,000 for activities funded
from the Uranium Enrichment Decontamination and Decommissioning
Fund. Within available funds, the agreement provides
$134,701,000 for East Tennessee Technology Park to continue
cleanup and demolition of all remaining facilities, including
the K-1200 complex and the K-1600 complex, and to conduct
remedial actions and site closure activities. Within funds
available for Pensions and Community and Regulatory Support,
the agreement provides an additional $10,000,000 above the
budget request to ensure contractor pensions are adequately
funded and up to an additional $2,219,000 for community support
at Portsmouth.
Science
The agreement provides $7,026,000,000 for the Office of
Science.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The Department is directed to provide to the Committees on
Appropriations of both Houses of Congress a briefing that
details all programs, projects, and activities to be funded in
the Office of Science that are not directed by this
recommendation or explicitly included in the fiscal year 2021
budget request. The plan shall be provided not later than 90
days after enactment of this Act.
Artificial Intelligence and Machine Learning.--The
agreement provides not less than $100,000,000 for Artificial
Intelligence and Machine Learning capabilities across the
Office of Science Programs. The Department is directed to apply
those capabilities to the Office of Science's mission with a
focus on accelerating scientific discovery in its Scientific
User Facilities and large experiments.
Biomedical Sciences.--The Department is encouraged to
expand its relationships with the National Institutes of Health
(NIH) in order to work together more strategically to leverage
the Department's research capabilities, including
instrumentation, materials, modeling and simulation, and data
science. The agreement supports the budget request proposal of
$1,000,000 for collaboration with NIH within the Department's
data and computational mission space.
Exascale Computing Initiative.--The agreement provides not
less than $474,945,000 for exascale activities.
Quantum Information Science.--The agreement provides not
less than $245,000,000 for the Office of Science's coordinated
and focused research program in quantum information science.
Within these available funds, the agreement provides not less
than $120,000,000 for research and $125,000,000 for 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. Further, the
Department is directed to collaborate with private sector
stakeholders, the user community and interagency partners, to
develop a roadmap to provide researchersaccess to quantum
systems so as to enhance the U.S. quantum research enterprise,
stimulate the fledgling U.S. quantum computing industry, educate the
future quantum computing workforce, and accelerate advancement of
quantum computer capabilities. The Department is directed to brief the
Committees on Appropriations of both Houses of Congress not later than
90 days after enactment of this Act on such a roadmap.
Strategic Partnership Projects.--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 inventorying all Strategic Partnership Projects that
have not received payment sufficient to cover completed work
and how the Department plans to recoup any insufficient
payments. This is the only direction related to Strategic
Partnership Projects.
Distinguished Scientist Program.--The agreement provides
$4,000,000 to support the Department's Distinguished Scientist
Program.
Negative Emissions Technology.--The agreement provides not
less than $22,500,000 in Basic Energy Sciences and Biological
and Environmental Research for research and development of
negative emissions technologies, including not less than
$7,500,000 for direct air capture. The Office of Science is
directed to continue to collaborate with the Office of Fossil
Energy and the Office of Energy Efficiency and Renewable Energy
to support research, development, and demonstration projects to
advance the development and commercialization of carbon removal
technologies on a significant scale.
ADVANCED SCIENTIFIC COMPUTING RESEARCH
The agreement supports ASCR's leadership in emerging areas
relevant to the Department's mission, including artificial
intelligence and quantum information science. The agreement
supports ASCR's pursuit of machine learning tools for
scientific applications and its support for the development of
algorithms for future deployable quantum computers. The
agreement recognizes that a robust research program in applied
and computational mathematics and computer science will be
critical to continued progress in these areas and is supportive
of the Department's efforts to prioritize these programs.
High Performance Computing and Network Facilities.--The
agreement provides not less than $150,000,000 for the Argonne
Leadership Computing Facility, not less than $225,000,000 for
the Oak Ridge Leadership Computing Facility, not less than
$110,000,000 for the National Energy Research Scientific
Computing Center, and $90,000,000 for ESnet.
Mathematical, Computational, and Computer Sciences
Research.--The agreement provides not less than $250,000,000
for Mathematical, Computational, and Computer Sciences
Research, including not less than $10,000,000 for the
Computational Science Graduate Fellowship program. The
agreement provides up to $40,000,000 for the development of Al-
optimized emerging memory technology for Al-specialized
hardware to drive national competitiveness.
BASIC ENERGY SCIENCES
The agreement provides $24,088,000 for the Batteries and
Energy Storage Innovation Hub, $20,000,000 for the Fuels from
Sunlight Energy Innovation Hub, and $115,000,000 for the Energy
Frontier Research Centers. The agreement supports the EPSCoR
program and its goals of broadening participation in
sustainable and competitive basic energy research in eligible
jurisdictions. The Department is directed to continue annual or
at minimum, biennial implementation grant solicitations for the
EPSCoR program.
The agreement provides not less than $525,000,000 for
facilities operations of the nation's light sources, not less
than $292,000,000 for facilities operations of the high flux
neutron sources, and not less than $139,000,000 for facilities
operations of the Nanoscale Science Research Centers (NSRCs).
The agreement provides not less than $19,000,000 for other
project costs, including $3,000,000 for Proton Power Upgrade,
$2,000,000 for Linac Coherent Light Source-II HE, $13,000,000
for Second Target Station, and $1,000,000 for Cryomodule Repair
& Maintenance Facility. The agreement provides not less than
$5,000,000 for NSRC Recapitalization and not less than
$5,500,000 for NSLS-II Experimental Tools-II.
The agreement provides $26,000,000 for exascale systems.
The Department is directed to continue supporting the
construction of additional beamlines in future budget requests
so the nation's scientists can more fully leverage the
investment that has been made in the NSLS II while it is the
most powerful X-Ray light source in the nation.
The Department is encouraged to explore opportunities to
develop an autonomous chemistry and materials synthesis
platform. The capabilities will leverage advances in artificial
intelligence to enable greater efficiencies and scientific
throughput, leading to significant reduction of the total time
and cost in novel materials discovery and innovation.
The Department is encouraged to continue funding to support
research and development needs of graduate and postgraduate
science programs at Historically Black Colleges and
Universities.
BIOLOGICAL AND ENVIRONMENTAL RESEARCH
The agreement provides not less than $390,000,000 for
Biological Systems Science and not less than $350,000,000 for
Earth and Environmental Systems Sciences.
The Department is directed to maintain Genomic Science as a
top priority, and the agreement provides not less than
$100,000,000 for Foundational Genomics Research and not less
than $100,000,000 for the Bioenergy Research Centers. The
agreement provides not less than $42,000,000 for Biomolecular
Characterization and Imaging Science and not less than
$80,000,000 for the Joint Genome Institute. Within available
funds for Biomolecular Characterization and Imaging Science,
the agreement provides $15,000,000 to continue the development
of a multi-scale genes-to ecosystems approach that supports a
predictive understanding of gene functions and how they scale
with complex biological and environmental systems. The
agreement supports the Department's establishment of a national
microbiome database collaborative.
The agreement provides not less than $5,000,000 for low-
dose radiation research. The Department is directed to work
through the multi-agency sub-working group to develop the
proper role and direction for the Department in future low-dose
radiation research.
The agreement provides not less than $78,000,000 for
Environmental System Science, of which not less than
$10,000,000 is for Next Generation Ecosystem Experiments
Arctic; $8,300,000 is for the Spruce and Peatland Responses
Under Changing Environments field site; $5,000,000 is to
initiate planning and pilot studies for new Terrestrial
Ecosystem Science manipulation experiments; $7,000,000 is for
Next Generation Ecosystem Experiments Tropics; $5,100,000 is
for AmeriFLUX Long-Term Earth System Observations; not less
than $3,500,000 is to support ongoing research and discovery
related to mercury biogeochemical transformations in the
environment; and $6,800,000 is for Watershed Function Science
Focus Area.
The agreement provides $15,000,000 for cloud-aerosol
research and computing.
The recommendation includes $30,000,000 for ongoing efforts
to develop observational assets and associated research to
study the nation's major land-water interfaces, including the
Great Lakes and the Puget Sound, that leverages national
laboratories' assets as well as local infrastructure and
expertise at universities and other research institutions.
The Department is encouraged to continue to support the
River Corridor Science Focus Area. The Department is encouraged
to develop an integrated mountainous hydrology focus, which
extends observations and models and leverages collaborations
supported by other Federal agencies.
The Department is directed to submit to the Committees on
Appropriations of both Houses of Congress not later than 90
days after enactment of this Act a report that outlines the
activities previously conducted under the Energy-Water Nexus
across the Department, which activities have continued, which
activities ended, and an explanation for the termination of
each activity that ended. The Department is directed to
coordinate all energy-water nexus activities across the Offices
of Energy Efficiency and Renewable Energy, Electricity, Fossil
Energy, Nuclear Energy, Science, and any other relevant program
offices.
The agreement provides up to $6,000,000 to advance
biological and environmental capabilities through the
development and prototyping of fabricated ecosystems and
sensors that enable interrogation of biological-environmental
interactions across molecular to ecosystem-relevant scales
under controlled laboratory conditions.
The agreement provides $15,000,000 to support the exascale
computing initiative. The Department is directed to enhance
investments in machine learning to advance the use of diverse
and increasingly autonomous datasets to understand
environmental and climate dynamics; rapidly incorporate
datasets into predictive watershed, ecosystem, and climate
models; and project the onset of and track extreme events, such
as atmospheric rivers and hurricanes.
The Department is encouraged to increase its funding for
academia to perform independent evaluations of climate models
using existing data sets and peer-reviewed publications of
climate-scale processes to determine various models' ability to
reproduce the actual climate. The Department is encouraged to
establish an Earth System Grid Federation node for Arctic
climate data. Given the clear synergies and overlap of
missions, the Department is encouraged to increase
collaboration with the National Oceanic and Atmospheric
Administration (NOAA) in its climate research and modeling
efforts.
FUSION ENERGY SCIENCES
The agreement provides not less than $20,000,000 for the
High-Energy-Density Laboratory Plasmas program to support
initiatives in quantum information science, advance cutting-
edge research in extreme states of matter, expand the
capabilities of the LaserNetUS facilities, and provide initial
investments in new intense, ultrafast laser technologies needed
to retain U.S. leadership in these fields. To maintain U.S.
leadership in intense, ultrafast lasers, the Department is
directed to submit to the Committees on Appropriations of both
Houses of Congress not later than 180 days after enactment of
this Act a report describing the Department's plans to respond
to the recommendations of the Brightest Light Initiative
Workshop Report, including facility investments and
improvements needed to advance laser science technology and
applications.
The agreement provides $65,000,000 for NSTX-U operations
and not less than $21,000,000 for the Materials Plasma Exposure
eXperiment. The Department is encouraged to support optimal
facility operations levels for DIII-D.
The agreement provides $4,000,000 for the Innovation
Network for Fusion Energy (INFUSE) research and development
program. The Fusion Energy Sciences Advisory Committee was
previously directed to give full consideration to the
establishment of a cost-share program for reactor technologies
as part of the ongoing long-range strategic planning activity.
The Department is encouraged to take into account the long-
range strategic plan when developing future budget requests.
The agreement provides $242,000,000 for the U.S.
contribution to the ITER project, of which $60,000,000 is for
in-cash contributions. 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 the performance
baseline for the entire project, including an updated baseline
for Subproject 1 and a baseline for Subproject 2.
HIGH ENERGY PHYSICS
The agreement provides not less than $30,000,000 for the
Sanford Underground Research Facility; $16,000,000 for the
Facility for Advanced Accelerator Experimental Tests-II; not
less than $6,000,000 for Cosmic Microwave Background-Stage 4;
$12,000,000 for the Dark Energy Spectroscope Instrument;
$6,000,000 for Lux Zeplin; and not less than $18,500,000 for
Vera C. Rubin Observatory operations. The agreement provides no
direction for the HL-LHC Upgrade projects. The agreement
supports activities toward the completion of the Large Synoptic
Survey Telescope and Super Cryogenic Dark Matter Search
projects.
The agreement notes the longstanding planning and
contributions of resources by partner organizations with
respect to data management on the Vera C. Rubin Observatory.
The Department is directed to employ the computational
expertise and existing capabilities in data management of the
Vera C. Rubin Observatory, potentially in partnership with the
national laboratories, to ensure the successful operation of
this project and access for the broad research community. The
Department is directed to brief the Committees on
Appropriations of both Houses of Congress not later than 30
days after enactment of this Act on the status of the project,
including plans for management of the data facility.
The Department is strongly urged to maintain a balanced
portfolio of small-, medium-, and large-scale experiments and
to ensure adequate funding for research performed at
universities and the national laboratories. The Department is
encouraged to fund facility operations at levels for optimal
operations.
NUCLEAR PHYSICS
The Department is directed to give priority to optimizing
operations for all Nuclear Physics user facilities.
The agreement provides not less than $6,600,000 for the
Gamma-Ray Energy Tracking Array, $5,530,000 for sPHENIX, not
less than $5,000,000 for MOLLER, not less than $1,400,000 for
Ton-Scale Neutrino-less Double Beta Decay, not less than
$17,000,000 for the Electron Ion Collider, not less than
$3,000,000 for the High Rigidity Spectrometer, and $3,000,000
for the U.S. Stable Isotope Production and Research Center. The
agreement supports activities toward the completion of the Muon
to Electron Conversion Experiment.
The agreement provides not less than $1,000,000 to
establish a traineeship program for students to develop the
future workforce of radioisotope production. Further, the
Department is directed to provide a plan to the Committees on
Appropriations of both Houses of Congress not later than 180
days after enactment of this Act to develop a consortium of
research universities to apply advanced manufacturing
techniques to radioisotope production, including automation,
digitalization, artificial intelligence, fabrication, and
state-of-the-art characterization instrumentation. This is the
only direction related to a consortium of research universities
to apply advanced manufacturing techniques to radioisotope
production.
WORKFORCE DEVELOPMENT FOR TEACHERS AND SCIENTISTS
The agreement provides $29,000,000 for Workforce
Development for Teachers and Scientists. Within available
funds, the agreement provides $13,800,000 for Science
Undergraduate Laboratory Internships, $1,900,000 for Community
College Internships, $4,600,000 for the Graduate Student
Research Program, $1,800,000 for the Visiting Faculty Program,
$1,200,000 for the Albert Einstein Distinguished Educator
Fellowship, $2,900,000 for the National Science Bowl, $700,000
for Technology Development and Online Application, $600,000 for
Evaluation Studies, and $1,500,000 for Outreach.
The Department is directed to widely publicize its
opportunities and diversify the applicant pool, with an
emphasis on targeted recruitment of individuals traditionally
underrepresented in STEM.
Further, the Department was previously directed in the
fiscal year 2020 Act to provide to the Committees on
Appropriations of both Houses of Congress a report on the how
the Office of Science plans to comply with Executive Order
13853 to develop a pipeline to meet future needs in trade craft
requirements and workforce development in coordination with the
national laboratories. The Department is encouraged to submit
the report expeditiously.
Within available funds for Outreach, the Department is
directed to establish a working group comprised of the Office
of Science and national laboratories and a consortium of
universities to assist universities in the development of a
curriculum to promote the next generation of scientists
utilizing artificial intelligence, quantum information science,
and machine learning. 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 and
briefing on a plan to meet universities' educational curriculum
needs to support this future scientific workforce.
SCIENCE LABORATORIES INFRASTRUCTURE
In future budget requests, the Office of Science is
directed to work with the Office of Nuclear Energy to
demonstrate a commitment to operations and maintenance of
nuclear facilities at Oak Ridge National Laboratory that
supports multiple critical missions. 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 briefing on the funding levels required for operations and
maintenance of Oak Ridge National Laboratory nuclear
facilities.
Within available funds for General Plant Projects, the
Department is directed to prioritize projects related to power
resilience.
Nuclear Waste Disposal
The agreement provides $27,500,000 for Nuclear Waste
Disposal, of which $20,000,000 is for interim storage and
$7,500,000 is for Nuclear Waste Fund oversight activities.
Advanced Research Projects Agency--Energy
The agreement provides $427,000,000 for the Advanced
Research Projects Agency--Energy.
Title 17 Innovative Technology Loan Guarantee Program
(INCLUDING RESCISSIONS OF FUNDS)
The agreement provides $32,000,000 in administrative
expenses for the Loan Guarantee Program. The proposed funding
level 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.
The agreement includes a rescission of $392,000,000 of
emergency balances.
Advanced Technology Vehicles Manufacturing Loan Program
(INCLUDING RESCISSIONS OF FUNDS)
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. The agreement further directs
the Department to provide to the Committees on Appropriations
of both Houses of Congress not later than 90 days after
enactment of this Act a briefing that includes a status update
on each loan application received.
The agreement includes a rescission of $1,908,000,000 of
emergency balances.
Tribal Energy Loan Guarantee Program
The agreement provides $2,000,000 for the Tribal Energy
Loan Guarantee Program. The Department is encouraged to take
formal steps to market this program and ensure the program's
availability, benefits, and application process are made known
to potential applicants who are ready to seek financing.
Office of Indian Energy Policy and Programs
The agreement provides $22,000,000 for the Office of Indian
Energy Policy and Programs. The agreement supports the efforts
to utilize local subject matter experts to assist Indian Tribes
and Alaska Native villages in developing energy projects and
providing support for energy planning. The Department is
encouraged to use its cost share waiver authority under section
988 of the Energy Policy Act of 2005 when applicable.
The Office of Indian Energy is directed to design funding
opportunity announcements that do not exclude Tribes based on
land ownership structures.
Departmental Administration
The agreement provides $166,000,000 for Departmental
Administration.
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 activities include 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.
Office of the Secretary--Program Direction.--The agreement
provides $5,582,000 for program direction and directs the
Department to develop a research agenda related to arctic
energy, including Counter-Unmanned Aircraft System
technologies, and to brief the Committees on Appropriations of
both Houses of Congress not later than 90 days after the
enactment of this Act on this agenda. This is the only
direction related to the Office of the Secretary.
International Affairs.--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.
Chief Information Officer.--The agreement provides
$140,200,000 for Department-wide information technology and
cybersecurity efforts. Within this amount, not less than
$71,800,000 shall be for cybersecurity and secure information.
The agreement includes $2,000,000 to continue implementation of
the 21st Century IDEA (Public Law 15-336).
Consistent with previous direction in the Senate Report for
fiscal year 2020, the Department is directed to continue to
implement the CIO Business Operations Support Services (CBOSS)
program to maximize meeting the multiple mission requirements
and support the Department's critical cybersecurity mission.
Artificial Intelligence and Technology Office.--The
agreement provides $2,500,000 for personnel expenses related to
coordination of artificial intelligence and technology
activities and does not provide funding for programmatic
purposes. The Department is directed to continue programmatic
activities regarding artificial intelligence and machine
learning related to the Department's mission through the
appropriate program offices, and the Secretary is directed to
lead coordination of all program offices across the Department.
No further direction is provided.
Economic Impact and Diversity.--The agreement provides
$10,169,000 for Economic Impact and Diversity and reiterates
House direction regarding a STEM reporting requirement.
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 agreement
reiterates House direction regarding a reporting requirement on
the value of creating a nonprofit foundation. 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 report. The Department is
directed to produce and release this report annually.
The agreement provides $24,918,000 for the Chief Human
Capital Officer, $35,000,000 for the Office of General Counsel,
and $7,000,000 for the Office of Policy. The agreement includes
$13,000,000 for Project Management Oversight and Assessments
and reiterates House direction regarding addressing GAO's high-
risk concerns.
Office of the Inspector General
The agreement provides $57,739,000 for the Office of the
Inspector General. 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 five-year
staffing and program plan necessary to achieve its audit,
inspection, and investigative mission.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The agreement provides $19,732,200,000 for the National
Nuclear Security Administration (NNSA).
The agreement includes funding for recapitalization of the
nuclear weapons infrastructure, while modernizing and
maintaining the nuclear deterrent without the need for
underground testing. Recapitalizing the nuclear security
enterprise is among our most important national security
priorities.
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.
Coordination between the Department of Energy and the
Department of Defense is critical given the joint
responsibilities for the nation's nuclear deterrent. Section
179 of title 10 of the United States Code provides a framework
for coordination, including budget request development, between
the departments using the Nuclear Weapons Council while
recognizing the Department of Energy's independence in
developing its budget request. The agreement supports this
longstanding framework and encourages the Department to assess
opportunities to improve coordination as appropriate. Further,
the agreement strongly encourages better coordination between
the Department and the National Nuclear Security Administration
during its budget formulation process.
Project Management.--Concerns remain with NNSA's ability to
properly estimate costs and timelines for large projects. The
NNSA is encouraged to assess current performance on projects
costing more than $750,000,000, and to make appropriate project
management changes. The agreement further encourages the NNSA
to identify problems in cost and schedule estimates early, and
to provide updated information to the Committees on
Appropriations of both Houses of Congress in a timely manner.
Integrated University Program.--The Secretary is directed
to carry out the requirements of the Integrated University
Program in support of university research and development in
areas relevant to the NNSA's mission. Within available funds,
the agreement provides not less than $5,000,000 for the
Integrated University Program to cultivate the next generation
of leaders in nonproliferation, nuclear security, and
international security. The Department is directed to request
funding for this program in future budget years. Funding for
this program shall not come from prior year funds. The NNSA is
directed to provide a report annually with the budget request
that lists all the university programs requested, the
recommended funding level, and the value that program provides
the NNSA.
Weapons Activities
The agreement provides $15,345,000,000 for Weapons
Activities.
The agreement reiterates House direction regarding an
Integrated Priorities Report.
The agreement reiterates House direction regarding the
Joint Nuclear Weapons Lifecycle Process.
The agreement reiterates direction included in the fiscal
year 2020 Act concerning external peer review of non-nuclear
components and subsystems.
The agreement reiterates House direction regarding a
briefing on domestic uranium enrichment. A separate control
point is included for HEU downblending.
W93 Modernization Activity.--The agreement includes funding
for the initial studies to evaluate the W93 warhead. Prior to
obligating funds, the NNSA, in coordination with the Department
of Defense as necessary, shall brief the Committees on
Appropriations of both Houses of Congress on the NNSA's plan to
study and conduct the Phase 1 Concept Assessment. The plan
shall include a timeline with projected milestones for
completion. The NNSA shall ensure the Committees are apprised
in a transparent and timely manner regarding the status of this
activity. Upon completion of Phase 1 and prior to entering
Phase 2, the NNSA shall brief the Committees on Appropriations
of both Houses of Congress on the results of Phase I Concept
Assessment. The W93 program provides a unique opportunity to
influence the way the stockpile is managed in the future. The
schedule for the Life Extension Programs (LEPs) currently
underway is largely driven by obsolescence and the material
condition of the warheads, which has created a bow wave with
limited flexibility. The NNSA is encouraged to consider overall
lifecycle costs and sustainment requirements for the warhead
upfront and is directed to brief the Committees on
Appropriations of both Houses of Congress quarterly on these
efforts. The agreement also directs the NNSA to conduct an
analysis of alternatives that specifically addresses ways of
meeting design and manufacturing needs of allies that accounts
for work completed as part of recent and ongoing LEPs and
Alterations and to provide the analysis of alternatives not
later than 180 days after enactment of this Act.
B83 Sustainment.--The agreement provides not more than
$30,795,000 and directs the NNSA to ensure the Committees on
Appropriations of both Houses of Congress receive periodic and
timely briefings concerning the status of sustainment efforts.
Concerns persist about the feasibility of maintaining the B83-1
in the stockpile without deferring key maintenance activities
and at reduced funding levels. At the same time, there is
concern that the continued retention of the B83-1 may
necessitate eventual modifications to the warhead. Such
modifications would compete for resources with other ongoing
and planned nuclear weapons modernization and development
efforts. Accordingly, the agreement directs NNSA, with the
assistance of the Nuclear Weapons Council (NWC) if necessary,
to report to the Committees on Appropriations of both Houses of
Congress not later than 90 days of enactment of this Act on the
following: current surveillance findings regarding the B83-1,
to include the results of the past three annual assessments and
any identified limitations of the weapon; the estimated cost to
maintain the B83-1 beyond its originally planned retirement
date and a discussion of potential schedule impacts to other
weapons programs; a discussion of suitable replacements that
the NWC has considered for the B83-1, to include the B61-12s or
the B61-11s soon to be or already in the stockpile, as well as
missile warheads. The agreement further directs that NNSA
submit the report to the Comptroller General at the same time
that it submits it to the Committees on Appropriations of both
Houses of Congress, and that the Government Accountability
Office review the report and brief the Committees on its
observations not later than 90 days after receipt.
Production Modernization.--The agreement reiterates House
direction regarding sustaining beryllium and graphite
capabilities.
The agreement reiterates House direction to establish a
Center of Excellence.
Plutonium Pit Production.--The agreement reiterates House
direction regarding plutonium pit production and clarifies that
the plan to complete a resource-loaded integrated master
schedule shall include all pit production-related project and
program activities that shall provide additional details within
high-level milestones for projects based on GAO best practices.
The NNSA is directed to continue to provide a clear breakout of
costs for activities in future budget requests and to include
in future budget requests a breakdown of manpower needs for pit
production and all support functions. The agreement includes
not less than $7,000,000 for workforce development and training
for Historically Black Colleges and Universities, Hispanic
Serving Institutions, and Tribal Colleges and Universities in
South Carolina and New Mexico to support pit production. The
agreement also includes $8,000,000 for next-generation
machining and assembly technology development for high volume
pit production.
Pit and Plutonium Aging.--There is concern with the
apparent lack of focus on advancing knowledge regarding pit and
plutonium aging since the JASONs conducted its first study in
2006. Given the future needs of the nation's nuclear deterrent,
a robust program of research and experimentation is needed.
Therefore, NNSA is directed to develop a comprehensive,
integrated ten-year research program for pit and plutonium
aging that represents a consensus program among the national
laboratories and federal sponsors. Such a plan shall include
estimated cost of ongoing research, new or upgraded capability
needs, and key near-, mid-, and long-range milestones. The plan
shall be submitted to the Committees on Appropriations of both
Houses of Congress not later than 180 days after enactment of
this Act.
Purified Uranium.--Concerns persist that the NNSA's current
plan is ahead of need and may not be the most efficient course
of action. The agreement directs the NNSA to perform a business
case analysis to include the capabilities of the national
laboratories and plants to confirm the best value source is
being used and to continue efforts to mature and deploy direct
electrolytic reduction technology.
Science.--Within amounts for Academic Alliances, $5,000,000
shall be for Tribal Colleges and Universities and $35,000,000
shall be for the Minority Serving Institutions and Partnership
Program. The agreement encourages continued research in High
Energy Density Plasmas and recognizes the partnerships between
laboratories and research universities to address the critical
need for skilled graduates to replace an aging workforce at
NNSA laboratories. The agreement provides $8,700,000 for the
Joint Program in High Energy Density Laboratory Plasmas in
Academic Programs.
Enhanced Capabilities for Subcritical Experiments.--In lieu
of House direction, the agreement directs the NNSA 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 updated performance baseline and a contingency plan if ECSE
is not completed on the current schedule.
Inertial Confinement Fusion and High Yield.--Within
available funds, not less than $349,000,000 is for the National
Ignition Facility, not less than $82,000,000 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. To help address target procurement issues, the
agreement directs not less than $31,000,000 is to be provided
by the NNSA to target vendors for target research, development,
and fabrication to cost-effectively operate the NIF, Z, and
OMEGA Facilities.
Advanced Simulation and Computing.--Within funds provided
for Advanced Simulation and Computing, $25,000,000 shall be for
research in, leading to the development of, memory technologies
that will drive 40X performance gains beyond that achieved by
exascale computing systems for critical mission applications.
The Department is directed to brief the Committees on
Appropriations of both Houses of Congress not later than 90
days after the enactment of this Act detailing how this money
will be spent.
Stockpile Responsiveness Program.--The agreement reiterates
House direction on this program.
Weapons Technology and Manufacturing Maturation.--The
agreement provides $10,000,000 within Advanced Manufacturing
Development to improve manufacturing and safety.
Partnerships with the Office of Science.--The NNSA is
strongly encouraged to develop additional partnerships with the
Office of Science to utilize the Advanced Photon Source (APS)
and Linac Coherent Light Source (LCLS) x-ray light sources. The
NNSA is directed to brief the Committees on Appropriations of
both Houses of Congress not later than 90 days of enactment of
this Act on its plans to work with the Office of Science to
incorporate additional capabilities in the planned upgrades at
LCLS and APS that will address NNSA mission needs to
interrogate the behavior of materials at length and timescales
necessary to study materials aging and modern manufacturing
methods.
Uranium Reserve.--In lieu of all direction on the Uranium
Reserve program, the agreement provides $75,000,000 in the
Weapons Activities account. NNSA is directed to coordinate with
and support the Office of Nuclear Energy in the development and
implementation of the program. Further, the Department is
directed to submit to the Committees on Appropriations of both
Houses of Congress not later than 30 days after enactment of
this Act a plan for the proposed establishment of a uranium
reserve. The plan shall include the legal authorities in place
or needed to establish and operate a uranium reserve, including
the purchase, conversion, and sale of uranium; a ten-year
implementation plan of the activities for establishment and
operations of a uranium reserve; and a ten-year cost estimate.
The plan shall also include recommendations for ways to
consolidate this program with other existing uranium management
activities within the Department to create efficiencies.
Infrastructure & Operations.--The NNSA is directed to
proceed with early planning to reach CD-1 for the Heterogeneous
Integration Facility and to keep the Committees on
Appropriations of both Houses of Congress informed of any
delays or additional funding requirements to meet CD-1. The
agreement includes direction for NNSA's Office of Nuclear
Materials Integration to develop a plan and cost estimate to
establish an analytical testing lab in partnership with NNSS.
The agreement recognizes that trusted microelectronics are a
national security priority and continues to support plans to
upgrade the capability for producing trusted and strategic
radiation-hardened microelectronics to ensure the safety,
security, reliability, and effectiveness of the nation's
nuclear deterrent.
Defense Nuclear Security.--The NNSA is encouraged to
complete CD-1 and proceed expeditiously to construction for
Project 17--D-710, West End Protected Area Reduction, Y-12.
Defense Nuclear Nonproliferation
The agreement provides $2,260,000,000 for Defense Nuclear
Nonproliferation.
The agreement provides not less than $5,000,000 for
research and engagement on applications of nuclear security,
safeguards, and export controls for advanced nuclear reactor
designs.
The Committee directs NNSA to cooperate and support the
Office of Nuclear Energy in developing safeguards concepts,
policies, and technologies to address the proliferation
challenges unique to advanced nuclear reactors. Further, NNSA
shall work with the Nuclear Regulatory Commission and the
national laboratories and industry to ensure the implementation
of ``safeguards-by-design'' features in advanced nuclear
reactors.
Domestic Radiological Security.--Within available funds,
not less than $65,000,000 is for the Cesium Irradiator
Replacement Program. Within this amount, $30 million is to
address recovery and decontamination efforts associated with
the container breach and release of material in Seattle,
Washington on May 2, 2019. Within available funds, the
agreement encourages the Y-12 National Security Complex's
Nuclear and Radiological Field Training Center to partner with
interested State or local governments to improve capabilities
to train first responders, National Guard specialized units,
and other experts in nuclear operations, safeguards, cyber, and
emergency operations.
Material Management and Minimization.--Within amounts for
Laboratory and Partnership Support, $50,000,000 is for the
competitively-awarded funding opportunity to expedite the
establishment of a stable domestic source of Mo-99 without the
use of highly enriched uranium that was directed in the Energy
and Water Development and Related Agencies Appropriations Act,
2020, and $10,000,000 is to facilitate interactions between the
national laboratories, production facilities, and the private
sector in this area. The agreement reiterates House direction
regarding a plan on Mo-99.
DNN R&D.--The agreement includes $15,000,000 for University
Consortia and Nonproliferation Steward. The agreement includes
House direction regarding evaluating a nuclear materials
processing testbed. Funding is provided above the request to
advance U.S. capabilities to detect and characterize low yield
and evasive underground nuclear explosions and weaponization
activities.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $1,684,000,000 for Naval Reactors.
The agreement fully funds important national priorities,
including the Columbia-class replacement submarine design, the
prototype refueling, and the Spent Fuel Handling
Recapitalization Project. Naval Reactors currently relies on
highly enriched uranium from weapons that have been removed
from the stockpile to fuel the Navy's aircraft carriers and
submarines. Naval Reactors is encouraged to continue working
with the NNSA to ensure there is a long-term plan that meets
the Navy's needs for highly enriched uranium.
Naval Reactors Development.--With the completion of the
Columbia-class and the S8G Prototype Refueling on the horizon,
it is important for Naval Reactors to have a solid research and
development plan for the future. Naval Reactors is directed to
provide to the Committees on Appropriations of both Houses of
Congress not later than 90 days after the enactment of this Act
a report on its current and planned research and development
activities.
S8G Prototype Refueling.--On-time completion of the
prototype refueling is important to demonstrating technology
advancements for fleet application. Therefore, the agreement
fully funds the budget request and directs Naval Reactors to
ensure continued focus on this high priority until all
refueling activities are finished.
Federal Salaries and Expenses
The agreement provides $443,200,000 for Federal Salaries
and Expenses.
The agreement reiterates House direction regarding
developing a plan for expedited hiring. The agreement
recognizes the importance of recruiting and retaining the
highly skilled personnel needed to meet NNSA's important
mission. The NNSA is directed to continue providing monthly
updates on the status of hiring and retention.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
The agreement provides $6,426,000,000 for Defense
Environmental Cleanup. Within available funds, the Department
is directed to fund the hazardous waste worker training program
at $10,000,000.
Future Budgets Requests.--The agreement directs the
Department to include out-year funding projections in the
annual budget request for Environmental Management and an
estimate of the total cost and time to complete cleanup at each
site.
Richland.--Additional funding is provided to continue
cleanup of the 300-296 waste site under the 324 Building;
increased surveillance and maintenance and risk reduction
activities associated with legacy waste sites as recommended in
the February 2020 Government Accountability Office Report; and
community and regulatory support. Within available funds for
Central Plateau Remediation, not less than $28,000,000 is
provided for groundwater remediation and site critical
infrastructure. The agreement also includes $2,500,000 to
develop in-depth plans and processes for the permanent off-site
removal of Sr-90 capsules currently stored at the West
Encapsulation and Storage Facility. Further, within available
funds, the agreement provides not less than $8,500,000 for the
Hazardous Materials Management and Emergency Response
facilities.
The Department is directed to carry out maintenance and
public safety efforts at historical sites, including the B
Reactor. This includes 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.
Office of River Protection.--Funds above the budget request
are provided to continue tank waste retrievals and design and
construct facilities necessary to meet near-term waste
treatment goals. Funds are also provided to resume full
engineering, procurement, and construction work on the High-
Level Waste Treatment Facility and to ensure compliance with
the 2016 Consent Decree and Tri-Party Agreement milestones.
Funds that support the Waste Treatment Plant project are
provided separately for: 1) Low-Activity Waste Treatment
Facility, Analytical Laboratory, and Balance of Facilities; 2)
High-Level Waste Treatment Facility; 3) Pre-Treatment Facility;
and 4) Low Activity Waste Pretreatment System. The Department
shall not move forward with placing the High-Level Waste
Treatment Facility and Pre-Treatment Facility into preservation
mode for any length of time.
The agreement notes that the budget request does not
include funding for low level waste offsite disposal but that
fiscal year 2020 funds are still available for this purpose.
Accordingly, the recommendation provides no new funds for this
effort and the Department shall provide notification to the
Committee if any additional funds are proposed for this
project, including the amount and source of funds.
The Department is reminded that meeting the Consent Decree
milestone for operations of Direct Feed Low Activity Waste must
remain the Department's top focus within the Office of River
Protection.
Idaho Site.--The agreement includes House direction
regarding the consideration of a university-led center. Efforts
to analyze alternatives for the future of spent fuel facilities
at Idaho to include multi-purpose canisters are supported.
NNSA Sites.--The agreement rejects the proposed rescission
of funds previously directed to address high-risk and legacy
contamination at Lawrence Livermore National Laboratory. The
Department has not yet submitted the ten-year plan for
decommissioning excess facilities at Livermore and is directed
to provide the report expeditiously to enable Congressional
oversight.
Within the funds provided for Los Alamos National
Laboratory, the agreement provides $3,394,000 for continued
support of Miscellaneous Programs and Agreements in Principle.
The agreement also provides $6,000,000 for well R-72.
Oak Ridge Reservation.--Additional funds above the budget
request are recommended to address the growing backlog of
deferred maintenance associated with Environmental Management
owned facilities. The Department should also focus on the
cleanup of excess contaminated facilities, many of which are on
the Department's list of high-risk facilities, to reduce
threats to worker safety and health and to provide for future
use, including remaining cleanup at the biology complex.
Remediation of mercury contamination is an important precursor
to full site remediation. Reducing the mercury being released
into the East Fork of Poplar Creek continues to be among the
highest priorities for the site.
The agreement provides $5,900,000 for Community and
Regulatory Support but notes the Department has not provided
the work plan from the State of Tennessee. Continued funding is
contingent upon measurable progress in review and disposition
of regulatory documents necessary for cleanup at the site. The
agreement also provides $55,000,000 for disposition of material
in Building 3019 and supports the Department's current approach
to expedite the disposition using a public-private partnership
that will reduce the overall cost of cleanup. The U-233
Disposition Program must remain a high priority for the site.
Concerns persist regarding the delays in issuing the Record
of Decision for the new landfill and notes the Department has
not provided the results of the evaluation of the cost of
onsite disposal compared to the offsite disposal, and the
economic impact to the local community. The Department is
directed to brief the Committees on Appropriations of both
Houses of Congress on this topic not later than 30 days after
the enactment of this Act.
The Department is reminded that completion of preparations
for hot cell processing and the start of hot cell processing
and continued extraction of Thorium-229 must remain a priority.
Savannah River Site.--The agreement provides $1,531,659,000
for the Savannah River Site, an increase of $75,887,000 from
fiscal year 2020. Within available funds, not less than
$3,000,000 is for disposition of spent fuel from the High Flux
Isotope Reactor. Within available funds for Risk Management
Operations, the agreement provides $5,000,000 for remediation
of the D-Area and $20,000,000 for H-Canyon operations.
Waste Isolation Pilot Plant (WIPP).--The agreement supports
the continued modernization of underground equipment to zero-
emission battery-electric vehicles or very low emission
equipment.
The agreement does not include funding for infrastructure
improvements as outlined in the House report but directs the
Department provide a report to the Committees on Appropriations
of both Houses of Congress not later than 90 days after the
enactment of this Act on WIPP-related road usage and future
funding needs for this activity. The report may be coordinated
with the State of New Mexico and shall include data from 1992
to 2020 that outlines WIPP-related road usage compared to other
heavy road users, including the oil and gas industry and how
previously appropriated funding for these activities were used.
The report should also include a plan for future funding
including specific cost estimates for each road, highway, and
location planned for improvement.
Technology Development and Demonstration.--Within available
funds, $5,000,000 is provided for the National Spent Nuclear
Fuel Program to address issues related to storing,
transporting, processing, and disposing of Department-owned and
managed spent nuclear fuel, with additional House direction;
$5,000,000 is provided for work on qualification, testing and
research to advance the state-of-the-art on containment
ventilation systems; and not less than $5,000,000 is
recommended to fund the existing cooperative agreement with the
Consortium for Risk Evaluation with Stakeholder Participation.
The agreement supports the Department's efforts to expand
technology development and demonstration to address its long-
term and technically complex cleanup challenges.
Other Defense Activities
The agreement provides $920,000,000 for Other Defense
Activities. With respect to Order 140.1, concerns persist with
the Department's continued desire to reshape, often without
merit, the Department's interactions with the Defense Nuclear
Facilities Safety Board. Additionally, concerns persist
regarding the Department's Order 140.1, and the Department is
directed to brief the Committees on Appropriations of both
Houses of Congress not later than 30 days after the enactment
of this Act on the revised Order. Further, the Department is
directed to work with the Board to establish a bilateral
Memorandum of Understanding between the two agencies to assure
operational interface issues between the two agencies are fully
resolved.
Within available funds for Environment, Health, Safety and
Security, the agreement provides not less than $1,000,000 for
the Epidemiologic Study of One Million U.S. Radiation Workers
and Veterans, which was originally approved by the Office of
Science in 2012.
The agreement includes $12,000,000 above the budget request
for targeted investments to defend the U.S. energy sector
against the evolving threat of cyber and other attacks in
support of the resiliency of the nation's electric grid and
energy infrastructure.
POWER MARKETING ADMINISTRATIONS
The agreement recognizes the important role the Power
Marketing Administrations [PMAs] play in delivering affordable
power, maintaining grid reliability, and supporting the
Nation's federal multi-purpose water projects. The Department's
request to divest the transmission assets of the Bonneville
Power Administration, Southwestern Power Administration, and
Western Area Power Administration could increase costs for
millions of consumers, decrease grid reliability, and reduce
services to rural communities. No funds are recommended to
divest transmission assets of the PMAs. Further, the agreement
reminds the Department of the prohibition on studying transfer
of PMA assets, included in the Urgent Supplemental
Appropriations Act, 1986 (Public Law 99-349).
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.
Operation and Maintenance, Southeastern Power Administration
The agreement provides a net appropriation of $0 for the
Southeastern Power Administration.
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 $19,000,000 above the level credited as
offsetting collections by the Congressional Budget Office.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
The agreement provides a net appropriation of $89,372,000
for the Western Area Power Administration. To ensure sufficient
authority to meet purchase power and wheeling needs, the
agreement includes $20,000,000 above the level credited as
offsetting collections by the Congressional Budget Office.
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 $404,350,000 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.
Interregional transmission planning is important to the
effective deployment of renewable energy sources, and FERC is
encouraged to undertake a review to evaluate the effectiveness
of its existing interregional transmission coordination
requirements and consider specific improvements to those
requirements that would better promote the identification and
development of more efficient and cost-effective transmission
facilities and cost allocation methodologies that reflect the
multiple benefits provided by interregional transmission
facilities.
FERC is encouraged to prioritize meaningful opportunities
for public engagement and coordination with state and local
governments in the federal permitting and review processes of
energy infrastructure proposals. Specifically, review processes
should remain transparent and consistent, and ensure the
health, safety, and security of the environment and each
affected community.
Dam safety is a critical part of FERC's hydropower program
and a shared responsibility with the states. FERC is encouraged
to conduct a technical conference with the participation of
states on the topic of improving dam safety.
FERC is directed to submit to the Committees on
Appropriations of both Houses of Congress not later than 180
days after enactment of this Act a report detailing how it will
establish and operate the Office of Public Participation
required under section 319 of the Federal Power Act, beginning
in fiscal year 2022. As part of the report, FERC shall provide
an organizational structure and budget for the office
sufficient to carry out its statutory obligations. The report
shall assume that funding for the Office of Public
Participation will be derived through annual charges and filing
fees as authorized by the Federal Power Act and the Omnibus
Budget Reconciliation Act of 1986.
Interstate Pipeline Reliability.--On September 23, 2020,
the Government Accountability Office (GAO) published a report,
Interstate Transportation of Natural Gas Is Generally Reliable,
but FERC Should Better Identify and Assess Emerging Risks (GAO-
20-658), which recommended FERC use all available information
to identify and assess risks to the reliability of natural gas
transmission service and to develop and document appropriate
responses to service disruptions. FERC is directed to provide
the Committees on Appropriations of both Houses of Congress not
later than 60 days after enactment of this Act a briefing on
implementation of GAO's recommendations. Further, FERC, in
consultation with state regulators and the Pipeline and
Hazardous Materials Safety Administration, is directed to
submit to the Committees not later than 120 days after
enactment of this Act a report on broader efforts to work with
natural gas pipeline operators to ensure the reliability of the
interstate natural gas pipeline system and include any
statutory or regulatory barriers to achieving this goal.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a 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 notification requirements in the
provision also apply to the modification of any grant,
contract, or Other Transaction Agreement where funds are
allocated for new programs, projects, or activities not covered
by a previous notification.
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 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.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
The agreement provides $180,000,000 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.
Within available funds, not less than $15,000,000 is for
counties within the Northern Appalachian region to support
economic development, manufacturing, and entrepreneurship.
Within available funds, $55,000,000 is for the POWER+ Plan.
Within available funds $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 funds, $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 agreement reiterates House direction regarding a formal
report on funding directed to persistent poverty counties and
high poverty areas.
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 are on board or report to
the Committees on Appropriations of both Houses of Congress why
it was unable to do so. The agreement reiterates House
direction regarding a Memorandum of Understanding between the
Board and the Department of Energy.
Delta Regional Authority
SALARIES AND EXPENSES
The agreement provides $30,000,000 for the Delta Regional
Authority.
Within available funds, the agreement includes not less
than $15,000,000 for flood control, basic public infrastructure
development and transportation improvements, which shall be
allocated separate from the state formula funding method.
The agreement reiterates House direction regarding a formal
report on funding directed to persistent poverty counties and
high poverty areas.
The agreement does not include a statutory waiver with
regard to DRA's priority of funding, and directs DRA to focus
on activities relating to basic public infrastructure and
transportation infrastructure before allocating funding toward
other priority areas.
Denali Commission
The agreement provides $15,000,000 for the Denali
Commission.
The agreement reiterates House direction regarding a formal
report on funding directed to persistent poverty counties and
high poverty areas.
Northern Border Regional Commission
The agreement provides $30,000,000 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, $1,000,000 is for the State
Capacity Building Grant Program, and $5,000,000 is for
broadband initiatives. The agreement reiterates House direction
regarding a formal report on funding directed to persistent
poverty counties and high poverty areas.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $1,000,000 to remain available
until expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000 to remain available
until expended. The Administration is encouraged to promptly
appoint a Federal Co-Chair in order to establish key
partnerships with local communities, improve economic
conditions and travel along the southwest border, and to
consider opportunities to establish a regional presence in or
near major inland ports of entry.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $830,900,000 for the Nuclear
Regulatory Commission. This amount is offset by estimated
revenues of $710,293,000, resulting in a net appropriation of
$120,607,000.
Unobligated Balances from Prior Appropriations and
Reprogramming Guidelines.--The Commission carries unobligated
balances from appropriations received in prior years. The
agreement requires the use of $35,000,000 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.
Integrated University Program.--The Commission is directed
to use $16,000,000 of prior-year, unobligated balances for the
Integrated University Program, of which, $5,500,000 shall be
for grants to support research projects that do not align with
programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering. Because the
Commission has already collected fees corresponding to these
activities in previous 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.
Accident Tolerant Fuels Program.--The agreement directs the
Commission to submit to the Committees on Appropriations of
both Houses of Congress not later than 180 days after the
enactment of this Act a report on the preparedness for accident
tolerant fuel licensing with a focus on what steps are being
taken to ensure that licensing activities, including higher
burnup and enrichment, support projected deployment schedules.
Digital Technologies.--The agreement directs the Commission
to provide to the Committees on Appropriations of both Houses
of Congress not later than 30 days after the enactment of this
Act a briefing on the progress of its efforts to enable safe
and efficient design options that allow licensees to deploy
digital technologies.
Commission Workforce.--Not later than 30 days after the
enactment of this Act, the Commission shall provide to the
Committees on Appropriations of both Houses of Congress a
briefing on its efforts to maintain its workforce, including
recruiting, hiring, and training scientists and engineers to
meet its mission today and in the future.
Inspectors.--The agreement encourages the Commission to use
its existing regulatory authority to assign resident inspectors
at nuclear power plants while the plant is in the fuel handling
and transfer phases of decommissioning.
(Dollars in thousands)
------------------------------------------------------------------------
Account Final Bill
------------------------------------------------------------------------
Nuclear Reactor Safety..................................... $452,849
Integrated University Program.............................. 16,000
Nuclear Materials and Waste Safety......................... 102,864
Decommissioning and Low-Level Waste........................ 22,771
Corporate Support.......................................... 271,416
Use of Prior-Year Balances................................. -35,000
------------
Total, Nuclear Regulatory Commission..................... 830,900
------------------------------------------------------------------------
OFFICE OF INSPECTOR GENERAL
The agreement provides $13,499,000 for the Office of
Inspector General in the Nuclear Regulatory Commission. This
amount is offset by revenues of $11,106,000, resulting in a net
appropriation of $2,393,000.
The agreement provides $1,206,000 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.
The agreement includes a provision to waive requirements
related to non-federal cost-share grants and cooperative
agreements for the Delta Regional Authority, the Northern
Border Regional Commission, and the Denali Commission.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
DIVISION E--FINANCIAL SERVICES AND
GENERAL GOVERNMENT APPROPRIATIONS ACT, 2021
=======================================================================
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2021
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and
Freedman's Bank Building; hire of passenger motor vehicles;
maintenance, repairs, and improvements of, and purchase of
commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official
business; executive direction program activities; international
affairs and economic policy activities; domestic finance and
tax policy activities, including technical assistance to State,
local, and territorial entities; and Treasury-wide management
policies and programs activities, $233,000,000: Provided, That
of the amount appropriated under this heading--
(1) not to exceed $350,000 is for official reception
and representation expenses;
(2) not to exceed $258,000 is for unforeseen
emergencies of a confidential nature to be allocated
and expended under the direction of the Secretary of
the Treasury and to be accounted for solely on the
Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available
until September 30, 2022, for--
(A) the Treasury-wide Financial Statement
Audit and Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration
of the Gulf Coast Restoration Trust Fund;
(D) the development and implementation of
programs within the Office of Cybersecurity and
Critical Infrastructure Protection, including
entering into cooperative agreements;
(E) operations and maintenance of facilities;
and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment
in the United States, $20,000,000, to remain available until
expended: Provided, That the chairperson of the Committee may
transfer such amounts to any department or agency represented
on the Committee (including the Department of the Treasury)
subject to advance notification to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That amounts so transferred shall remain
available until expended for expenses of implementing section
721 of the Defense Production Act of 1950, as amended (50
U.S.C. 4565), and shall be available in addition to any other
funds available to any department or agency: Provided further,
That fees authorized by section 721(p) of such Act shall be
credited to this appropriation as offsetting collections:
Provided further, That the total amount appropriated under this
heading from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2021, so
as to result in a total appropriation from the general fund
estimated at not more than $15,000,000.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators, human
rights abusers, money launderers, drug kingpins, and other
national security threats, $175,000,000, of which not less than
$3,000,000 shall be available for addressing human rights
violations and corruption, including activities authorized by
the Global Magnitsky Human Rights Accountability Act (22 U.S.C.
2656 note): Provided, That of the amounts appropriated under
this heading, up to $10,000,000 shall remain available until
September 30, 2022.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$18,000,000, to remain available until September 30, 2023:
Provided, That such funds shall supplement and not supplant any
other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That of the total
amount made available under this heading $1,000,000 shall be
available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments
made under this heading: Provided further, That such funds
shall supplement and not supplant any other amounts made
available to the Treasury Chief Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and
renovations to buildings owned by the Department of the
Treasury, $6,118,000, to remain available until September 30,
2023: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority
shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds
appropriated under this heading shall be used to support or
supplement ``Internal Revenue Service, Operations Support'' or
``Internal Revenue Service, Business Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $41,044,000, including hire of passenger motor vehicles;
of which not to exceed $100,000 shall be available for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 to remain
available until September 30, 2022, shall be for audits and
investigations conducted pursuant to section 1608 of the
Resources and Ecosystems Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast States Act of 2012 (33
U.S.C. 1321 note); and of which not to exceed $1,000 shall be
available for official reception and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, as amended, including purchase and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); and services authorized by
5 U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; $170,250,000, of
which $5,000,000 shall remain available until September 30,
2022; of which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000 shall
be available for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the
Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency
Economic Stabilization Act of 2008 (Public Law 110-343),
$19,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by 5
U.S.C. 3109; not to exceed $12,000 for official reception and
representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement,
$126,963,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2023.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $345,569,000; of which not to exceed
$8,000,000, to remain available until September 30, 2023, is
for information systems modernization initiatives; and of which
$5,000 shall be available for official reception and
representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and personnel
expenses for financial management of the Fund, as authorized by
section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $124,337,000; of which not to exceed $6,000
shall be available for official reception and representation
expenses; and of which not to exceed $50,000 shall be available
for cooperative research and development programs for
laboratory services; and provision of laboratory assistance to
State and local agencies with or without reimbursement:
Provided, That of the amount appropriated under this heading,
$5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided
further, That of the amount appropriated under this heading,
$5,000,000, to remain available until September 30, 2022, shall
be for the costs associated with enforcement of and education
regarding the trade practice provisions of the Federal Alcohol
Administration Act (27 U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2021 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $50,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law
103-325), including services authorized by section 3109 of
title 5, United States Code, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for EX-III,
$270,000,000. Of the amount appropriated under this heading--
(1) not less than $167,000,000, notwithstanding
section 108(e) of Public Law 103-325 (12 U.S.C.
4707(e)) with regard to Small and/or Emerging Community
Development Financial Institutions Assistance awards,
is available until September 30, 2022, for financial
assistance and technical assistance under subparagraphs
(A) and (B) of section 108(a)(1), respectively, of
Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)),
of which up to $1,600,000 may be available for training
and outreach under section 109 of Public Law 103-325
(12 U.S.C. 4708), of which up to $2,374,500 may be used
for the cost of direct loans, of which up to
$6,000,000, notwithstanding subsection (d) of section
108 of Public Law 103-325 (12 U.S.C. 4707 (d)), may be
available to provide financial assistance, technical
assistance, training, and outreach to community
development financial institutions to expand
investments that benefit individuals with disabilities,
and of which not less than $2,000,000 shall be for the
Economic Mobility Corps to be operated in conjunction
with the Corporation for National and Community
Service, pursuant to 42 U.S.C. 12571: Provided, That
the cost of direct and guaranteed loans, including the
cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to
subsidize gross obligations for the principal amount of
direct loans not to exceed $25,000,000: Provided
further, That of the funds provided under this
paragraph, excluding those made to community
development financial institutions to expand
investments that benefit individuals with disabilities
and those made to community development financial
institutions that serve populations living in
persistent poverty counties, the CDFI Fund shall
prioritize Financial Assistance awards to organizations
that invest and lend in high-poverty areas: Provided
further, That for purposes of this section, the term
``high-poverty area'' means any census tract with a
poverty rate of at least 20 percent as measured by the
2011-2015 5-year data series available from the
American Community Survey of the Bureau of the Census
for all States and Puerto Rico or with a poverty rate
of at least 20 percent as measured by the 2010 Island
areas Decennial Census data for any territory or
possession of the United States;
(2) Not less than $16,500,000, notwithstanding
section 108(e) of Public Law 103-325 (12 U.S.C.
4707(e)), is available until September 30, 2022, for
financial assistance, technical assistance, training,
and outreach programs designed to benefit Native
American, Native Hawaiian, and Alaska Native
communities and provided primarily through qualified
community development lender organizations with
experience and expertise in community development
banking and lending in Indian country, Native American
organizations, Tribes and Tribal organizations, and
other suitable providers;
(3) not less than $26,000,000 is available until
September 30, 2022, for the Bank Enterprise Award
program;
(4) not less than $23,000,000, notwithstanding
subsections (d) and (e) of section 108 of Public Law
103-325 (12 U.S.C. 4707(d) and (e)), is available until
September 30, 2022, for a Healthy Food Financing
Initiative to provide financial assistance, technical
assistance, training, and outreach to community
development financial institutions for the purpose of
offering affordable financing and technical assistance
to expand the availability of healthy food options in
distressed communities;
(5) not less than $8,500,000 is available until
September 30, 2022, to provide grants for loan loss
reserve funds and to provide technical assistance for
small dollar loan programs under section 122 of Public
Law 103-325 (12 U.S.C. 4719): Provided, That sections
108(d) and 122(b)(2) of such Public Law shall not apply
to the provision of such grants and technical
assistance;
(6) up to $29,000,000 is available until September
30, 2021, for administrative expenses, including
administration of CDFI Fund programs and the New
Markets Tax Credit Program, of which not less than
$1,000,000 is for development of tools to better assess
and inform CDFI investment performance, and up to
$300,000 is for administrative expenses to carry out
the direct loan program; and
(7) during fiscal year 2021, none of the funds
available under this heading are available for the
cost, as defined in section 502 of the Congressional
Budget Act of 1974, of commitments to guarantee bonds
and notes under section 114A of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4713a): Provided, That commitments to guarantee
bonds and notes under such section 114A shall not
exceed $500,000,000: Provided further, That such
section 114A shall remain in effect until December 31,
2021: Provided further, That of the funds awarded
under this heading, except those provided for the
Economic Mobility Corps, not less than 10 percent shall
be used for awards that support investments that serve
populations living in persistent poverty counties:
Provided further, That for the purposes of this
paragraph and paragraph (1), the term ``persistent
poverty counties'' means any county, including county
equivalent areas in Puerto Rico, 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 2011-2015 5-year data
series available from the American Community Survey of
the Bureau of the Census or any other territory or
possession of the United States that has had 20 percent
or more of its population living in poverty over the
past 30 years, as measured by the 1990, 2000 and 2010
Island Areas Decennial Censuses, or equivalent data, of
the Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance and
education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$2,555,606,000, of which not less than $11,000,000 shall be for
the Tax Counseling for the Elderly Program, of which not less
than $13,000,000 shall be available for low-income taxpayer
clinic grants, of which not less than $30,000,000, to remain
available until September 30, 2022, shall be available for the
Community Volunteer Income Tax Assistance Matching Grants
Program for tax return preparation assistance, and of which not
less than $211,000,000 shall be available for operating
expenses of the Taxpayer Advocate Service: Provided, That of
the amounts made available for the Taxpayer Advocate Service,
not less than $5,500,000 shall be for identity theft and refund
fraud casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes,
to provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to
violations of internal revenue laws and other financial crimes,
to purchase and hire passenger motor vehicles (31 U.S.C.
1343(b)), and to provide other services as authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Commissioner, $5,212,622,000, of which not to exceed
$250,000,000 shall remain available until September 30, 2022;
of which not less than $60,257,000 shall be for the Interagency
Crime and Drug Enforcement program; and of which not to exceed
$15,000,000 shall be for investigative technology for the
Criminal Investigation Division: Provided, That the amount
made available for investigative technology for the Criminal
Investigation Division shall be in addition to amounts made
available for the Criminal Investigation Division under the
``Operations Support'' heading.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage; physical
security; headquarters and other IRS-wide administration
activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of
the Internal Revenue Service Oversight Board; and other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner; $3,928,102,000, of which not
to exceed $275,000,000 shall remain available until September
30, 2022; of which not to exceed $10,000,000 shall remain
available until expended for acquisition of equipment and
construction, repair and renovation of facilities; of which not
to exceed $1,000,000 shall remain available until September 30,
2023, for research; of which not less than $10,000,000, to
remain available until expended, shall be available for
establishment of an application through which entities
registering and renewing registrations in the System for Award
Management may request an authenticated electronic
certification stating that the entity does or does not have a
seriously delinquent tax debt; and of which not to exceed
$20,000 shall be for official reception and representation
expenses: Provided, That not later than 30 days after the end
of each quarter, the Internal Revenue Service shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate and the Comptroller General of
the United States detailing major information technology
investments in the Internal Revenue Service Integrated
Modernization Business Plan portfolio, including detailed,
plain language summaries on the status of plans, costs, and
results; prior results and actual expenditures of the prior
quarter; upcoming deliverables and costs for the fiscal year;
risks and mitigation strategies associated with ongoing work;
reasons for any cost or schedule variances; and total
expenditures by fiscal year: Provided further, That the
Internal Revenue Service shall include, in its budget
justification for fiscal year 2022, a summary of cost and
schedule performance information for its major information
technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $222,724,000, to remain
available until September 30, 2023, for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said acquisitions,
including related Internal Revenue Service labor costs, and
contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 30 days after the
end of each quarter, the Internal Revenue Service shall submit
a report to the Committees on Appropriations of the House of
Representatives and the Senate and the Comptroller General of
the United States detailing major information technology
investments in the Internal Revenue Service Integrated
Modernization Business Plan portfolio, including detailed,
plain language summaries on the status of plans, costs, and
results; prior results and actual expenditures of the prior
quarter; upcoming deliverables and costs for the fiscal year;
risks and mitigation strategies associated with ongoing work;
reasons for any cost or schedule variances; and total
expenditures by fiscal year.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 4 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
``Enforcement'' heading, and not to exceed 5 percent of any
other appropriation made available in this Act to the Internal
Revenue Service, may be transferred to any other Internal
Revenue Service appropriation upon the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with taxpayers,
cross-cultural relations, ethics, and the impartial application
of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority and
allocate resources necessary to enhance the response time to
taxpayer communications, particularly with regard to victims of
tax-related crimes.
Sec. 105. The Internal Revenue Service shall issue a notice
of confirmation of any address change relating to an employer
making employment tax payments, and such notice shall be sent
to both the employer's former and new address and an officer or
employee of the Internal Revenue Service shall give special
consideration to an offer-in-compromise from a taxpayer who has
been the victim of fraud by a third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target citizens
of the United States for exercising any right guaranteed under
the First Amendment to the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures, verification
processes, documentation requirements, and policies issued by
the Chief Financial Officer, Human Capital Office, and Agency-
Wide Shared Services as a result of the recommendations in the
report published on May 31, 2013, by the Treasury Inspector
General for Tax Administration entitled ``Review of the August
2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus,
award, or recognition program; or
(2) under any hiring or personnel selection process
with respect to re-hiring a former employee;
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 111. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries; purchase
of motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 112. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco Tax
and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or
decrease any such appropriation by more than 2 percent.
Sec. 113. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate: Provided, That no transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 114. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the $1
Federal Reserve note.
Sec. 115. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service--Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account from
debt collections received in the Debt Collection Fund.
Sec. 116. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee on
Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used
to consolidate any or all functions of the Bureau of Engraving
and Printing and the United States Mint without the explicit
approval of the House Committee on Financial Services; the
Senate Committee on Banking, Housing, and Urban Affairs; and
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 118. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for the Department of the
Treasury's intelligence or intelligence related activities are
deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2021 until the enactment of
the Intelligence Authorization Act for Fiscal Year 2021.
Sec. 119. Not to exceed $5,000 shall be made available from
the Bureau of Engraving and Printing's Industrial Revolving
Fund for necessary official reception and representation
expenses.
Sec. 120. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations of
the House of Representatives and the Senate not later than 30
days following the submission of the annual budget submitted by
the President: Provided, That such Capital Investment Plan
shall include capital investment spending from all accounts
within the Department of the Treasury, including but not
limited to the Department-wide Systems and Capital Investment
Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such
Capital Investment Plan shall include expenditures occurring in
previous fiscal years for each capital investment project that
has not been fully completed.
Sec. 121. Within 45 days after the date of enactment of this
Act, the Secretary of the Treasury shall submit an itemized
report to the Committees on Appropriations of the House of
Representatives and the Senate on the amount of total funds
charged to each office by the Franchise Fund including the
amount charged for each service provided by the Franchise Fund
to each office, a detailed description of the services, a
detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in
governing in the Franchise Fund.
Sec. 122. During fiscal year 2021--
(1) none of the funds made available in this or any
other Act may be used by the Department of the
Treasury, including the Internal Revenue Service, to
issue, revise, or finalize any regulation, revenue
ruling, or other guidance not limited to a particular
taxpayer relating to the standard which is used to
determine whether an organization is operated
exclusively for the promotion of social welfare for
purposes of section 501(c)(4) of the Internal Revenue
Code of 1986 (including the proposed regulations
published at 78 Fed. Reg. 71535 (November 29, 2013));
and
(2) the standard and definitions as in effect on
January 1, 2010, which are used to make such
determinations shall apply after the date of the
enactment of this Act for purposes of determining
status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 123. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities to
the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter
by object class, office, and activity;
(2) the estimated obligations for the remainder of
the fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each
office during the previous quarter;
(4) the estimated number of full-time equivalents
within each office for the remainder of the fiscal
year; and
(5) actions taken to achieve the goals, objectives,
and performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available to
testify on the contents of the reports required under
subsection (a).
Sec. 124. In addition to the amounts otherwise made
available to the Department of the Treasury, $25,000,000, to
remain available until expended, shall be for expenses
associated with digitization and distribution of the
Department's records of matured savings bonds that have not
been redeemed.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2021''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be expended
and accounted for as provided in that section; hire of
passenger motor vehicles, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103); and
not to exceed $19,000 for official reception and representation
expenses, to be available for allocation within the Executive
Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $13,641,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this
paragraph: Provided further, That, notwithstanding any other
provision of law, such amount for reimbursable operating
expenses shall be the exclusive authority of the Executive
Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a
reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance
payments shall be credited to this account and remain available
until expended: Provided further, That the Executive Residence
shall require the national committee of the political party of
the President to maintain on deposit $25,000, to be separately
accounted for and available for expenses relating to
reimbursable political events sponsored by such committee
during such fiscal year: Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed
for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after
such expense is incurred, and that such amount is collected
within 30 days after the submission of such notice: Provided
further, That the Executive Residence shall charge interest and
assess penalties and other charges on any such amount that is
not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C. 3717:
Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in
the Treasury as miscellaneous receipts: Provided further, That
the Executive Residence shall prepare and submit to the
Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report
setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including
the total amount of such expenses, the amount of such total
that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable
political events, and the portion of each such amount that has
been reimbursed as of the date of the report: Provided
further, That the Executive Residence shall maintain a system
for the tracking of expenses related to reimbursable events
within the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d),
$2,500,000, to remain available until expended, for required
maintenance, resolution of safety and health issues, and
continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15
U.S.C. 1021 et seq.), $4,000,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $12,150,000 of which not to exceed $5,000
shall be available for official reception and representation
expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $100,000,000, of
which not to exceed $12,800,000 shall remain available until
expended for continued modernization of information resources
within the Executive Office of the President.
Presidential Transition Administrative Support
(including transfer of funds)
For expenses of the Office of Administration to carry out the
Presidential Transition Act of 1963, as amended, and similar
expenses, in addition to amounts otherwise appropriated by law,
$8,000,000: Provided, That such funds may be transferred to
other accounts that provide funding for offices within the
Executive Office of the President and the Office of the Vice
President in this Act or any other Act, to carry out such
purposes.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, to carry out the provisions of
chapter 35 of title 44, United States Code, and to prepare and
submit the budget of the United States Government, in
accordance with section 1105(a) of title 31, United States
Code, $106,600,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That
none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing
any agricultural marketing orders or any activities or
regulations under the provisions of the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided
further, That none of the funds made available for the Office
of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses,
except for testimony of officials of the Office of Management
and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the annual work plan
developed by the Corps of Engineers for submission to the
Committees on Appropriations: Provided further, That none of
the funds provided in this or prior Acts shall be used,
directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or
study reports submitted by the Chief of Engineers acting
through the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to the
Civil Works water resource planning process: Provided further,
That the Office of Management and Budget shall have not more
than 60 days in which to perform budgetary policy reviews of
water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office of
Management and Budget shall notify the appropriate authorizing
and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports
have not been transmitted to the appropriate authorizing and
appropriating committees within 15 days after the end of the
Office of Management and Budget review period based on the
notification from the Director, Congress shall assume Office of
Management and Budget concurrence with the report and act
accordingly.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual
Property Enforcement Coordinator, as authorized by title III of
the Prioritizing Resources and Organization for Intellectual
Property Act of 2008 (Public Law 110-403), including services
authorized by 5 U.S.C. 3109, $1,800,000.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of
National Drug Control Policy Reauthorization Act of 1998, as
amended; not to exceed $10,000 for official reception and
representation expenses; and for participation in joint
projects or in the provision of services on matters of mutual
interest with nonprofit, research, or public organizations or
agencies, with or without reimbursement, $18,400,000:
Provided, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, public
and private, without fiscal year limitation, for the purpose of
aiding or facilitating the work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program,
$290,000,000, to remain available until September 30, 2022, for
drug control activities consistent with the approved strategy
for each of the designated High Intensity Drug Trafficking
Areas (``HIDTAs''), of which not less than 51 percent shall be
transferred to State and local entities for drug control
activities and shall be obligated not later than 120 days after
enactment of this Act: Provided, That up to 49 percent may be
transferred to Federal agencies and departments in amounts
determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for
auditing services and associated activities: Provided further,
That any unexpended funds obligated prior to fiscal year 2019
may be used for any other approved activities of that HIDTA,
subject to reprogramming requirements: Provided further, That
each HIDTA designated as of September 30, 2020, shall be funded
at not less than the fiscal year 2020 base level, unless the
Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for
changes to those levels based on clearly articulated priorities
and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of
the initial allocation of fiscal year 2021 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this Act:
Provided further, That upon a determination that all or part of
the funds so transferred from this appropriation are not
necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-Drug
Abuse Act of 1988 and the Office of National Drug Control
Policy Reauthorization Act of 1998, as amended, $128,182,000,
to remain available until expended, which shall be available as
follows: $102,000,000 for the Drug-Free Communities Program, of
which $2,500,000 shall be made available as directed by section
4 of Public Law 107-82, as amended by section 8204 of Public
Law 115-271; $3,000,000 for drug court training and technical
assistance; $14,000,000 for anti-doping activities; up to
$2,932,000 for the United States membership dues to the World
Anti-Doping Agency; $1,250,000 for the Model Acts Program; and
$5,000,000 for activities authorized by section 103 of Public
Law 114-198: Provided, That amounts made available under this
heading may be transferred to other Federal departments and
agencies to carry out such activities: Provided further, That
the Director of the Office of National Drug Control Policy
shall, not fewer than 30 days prior to obligating funds under
this heading for United States membership dues to the World
Anti-Doping Agency, submit to the Committees on Appropriations
of the House of Representatives and the Senate a spending plan
and explanation of the proposed uses of these funds.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2022.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology
in the Federal Government, $12,500,000, to remain available
until expended: Provided, That the Director of the Office of
Management and Budget may transfer these funds to one or more
other agencies to carry out projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as
authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,698,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $302,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any department
or agency for expenses of carrying out such activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of Administration'',
``Special Assistance to the President'', and ``Official
Residence of the Vice President'', the Director of the Office
of Management and Budget (or such other officer as the
President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10
percent of any such appropriation to any other such
appropriation, to be merged with and available for the same
time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation
shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or
``Official Residence of the Vice President'' without the
approval of the Vice President.
Sec. 202. (a) During fiscal year 2021, any Executive order or
Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary impact,
including costs, benefits, and revenues, of such order or
memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of
such order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary
obligations and outlays as the result of such order or
memorandum, listed by Federal agency, for each year in
the 5-fiscal-year period beginning in fiscal year 2021;
and
(3) the impact on revenues of the Federal Government
as the result of such order or memorandum over the 5-
fiscal-year period beginning in fiscal year 2021.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2021 due to a national emergency, the
Director of the Office of Management and Budget may issue the
statement required by subsection (a) not later than 15 days
after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda estimated
to have a regulatory cost in excess of $100,000,000.
Sec. 203. Not later than 30 days after the date of enactment
of this Act, the Director of the Office of Management and
Budget shall issue a memorandum to all Federal departments,
agencies, and corporations directing compliance with the
provisions in title VII of this Act.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2021''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice may
approve, $94,690,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $10,618,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $33,500,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief judge
and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized by
law, $20,000,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief judge
and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized by
law, $5,393,701,000 (including the purchase of firearms and
ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts of
the United States), bankruptcy judges, and justices and judges
retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $9,900,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and 3599,
and for the compensation and reimbursement of expenses of
persons furnishing investigative, expert, and other services
for such representations as authorized by law; the compensation
(in accordance with the maximums under 18 U.S.C. 3006A) and
reimbursement of expenses of attorneys appointed to assist the
court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of expenses of attorneys appointed to represent jurors in civil
actions for the protection of their employment, as authorized
by 28 U.S.C. 1875(d)(1); the compensation and reimbursement of
expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in
connection with certain judicial civil forfeiture proceedings;
the compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,316,240,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71.1(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)),
$32,517,000, to remain available until expended: Provided,
That the compensation of land commissioners shall not exceed
the daily equivalent of the highest rate payable under 5 U.S.C.
5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident
to the provision of protective guard services for United States
courthouses and other facilities housing Federal court
operations, and the procurement, installation, and maintenance
of security systems and equipment for United States courthouses
and other facilities housing Federal court operations,
including building ingress-egress control, inspection of mail
and packages, directed security patrols, perimeter security,
basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section
1010 of the Judicial Improvement and Access to Justice Act
(Public Law 100-702), $664,011,000, of which not to exceed
$20,000,000 shall remain available until expended, to be
expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering the
Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $95,675,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $29,015,000; of which
$1,800,000 shall remain available through September 30, 2022,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$19,965,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this
Act may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services'' and ``Courts of
Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under sections 604 and 608 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses of
the Judicial Conference of the United States: Provided, That
such available funds shall not exceed $11,000 and shall be
administered by the Director of the Administrative Office of
the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for ``executive''
each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of the
Administrative Office of the United States Courts, for purposes
of a pilot program, the security services that 40 U.S.C. 1315
authorizes the Department of Homeland Security to provide,
except for the services specified in 40 U.S.C. 1315(b)(2)(E).
For building-specific security services at these courthouses,
the Director of the Administrative Office of the United States
Courts shall reimburse the United States Marshals Service
rather than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in
the matter following paragraph 12--
(1) in the second sentence (relating to the District
of Kansas), by striking ``29 years and 6 months'' and
inserting ``30 years and 6 months''; and
(2) in the sixth sentence (relating to the District
of Hawaii), by striking ``26 years and 6 months'' and
inserting ``27 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (Public Law 109-
115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the
second sentence (relating to the eastern District of Missouri)
by striking ``27 years and 6 months'' and inserting ``28 years
and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``18 years''
and inserting ``19 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``17 years and 6
months'' and inserting ``18 years and 6 months''; and
(3) in the third sentence (relating to the western
district of North Carolina), by striking ``16 years''
and inserting ``17 years''.
This title may be cited as the ``Judiciary Appropriations
Act, 2021''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $40,000,000, to remain available until
expended: Provided, That such funds, including any interest
accrued thereon, may be used on behalf of eligible District of
Columbia residents to pay an amount based upon the difference
between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each
year at eligible private institutions of higher education:
Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the
income and need of eligible students and such other factors as
may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the
Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer,
who shall use those funds solely for the purposes of carrying
out the Resident Tuition Support Program: Provided further,
That the Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on Appropriations
of the House of Representatives and the Senate for these funds
showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by
the Mayor of the District of Columbia in written consultation
with the elected county or city officials of surrounding
jurisdictions, $38,400,000, to remain available until expended,
for an additional amount for fiscal year 2021, for the costs of
providing public safety at events related to the presence of
the National Capital in the District of Columbia, including
support requested by the Director of the United States Secret
Service in carrying out protective duties under the direction
of the Secretary of Homeland Security, and for the costs of
providing support to respond to immediate and specific
terrorist threats or attacks in the District of Columbia or
surrounding jurisdictions: Provided, That, of the amount
provided under this heading in this Act, $21,872,372 shall be
used for costs associated with the Presidential Inauguration
held in January 2021, and shall be in addition to the amount
made available for this purpose in section 131 of the
Continuing Appropriations Act, 2021 and Other Extensions Act
(Public Law 116-159).
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $250,088,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $14,682,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the District
of Columbia, $125,660,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the
District of Columbia Court System, $79,247,000, of which not to
exceed $2,500 is for official reception and representation
expenses; and $30,499,000, to remain available until September
30, 2022, for capital improvements for District of Columbia
courthouse facilities: Provided, That funds made available for
capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and facilities
condition assessment: Provided further, That, in addition to
the amounts appropriated herein, fees received by the District
of Columbia Courts for administering bar examinations and
processing District of Columbia bar admissions may be retained
and credited to this appropriation, to remain available until
expended, for salaries and expenses associated with such
activities, notwithstanding section 450 of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50):
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided
further, That 30 days after providing written notice to the
Committees on Appropriations of the House of Representatives
and the Senate, the District of Columbia Courts may reallocate
not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial
Administration in the District of Columbia may, by regulation,
establish a program substantially similar to the program set
forth in subchapter II of chapter 35 of title 5, United States
Code, for employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-
2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual
agreements to provide guardian ad litem representation,
training, technical assistance, and such other services as are
necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption
proceedings under chapter 3 of title 16, D.C. Official Code,
and payments authorized under section 21-2060, D.C. Official
Code (relating to services provided under the District of
Columbia Guardianship, Protective Proceedings, and Durable
Power of Attorney Act of 1986), $46,005,000, to remain
available until expended: Provided, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia: Provided
further, That, notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of
motor vehicles, of the Court Services and Offender Supervision
Agency for the District of Columbia, as authorized by the
National Capital Revitalization and Self-Government Improvement
Act of 1997, $245,923,000, of which not to exceed $2,000 is for
official reception and representation expenses related to
Community Supervision and Pretrial Services Agency programs,
and of which not to exceed $25,000 is for dues and assessments
relating to the implementation of the Court Services and
Offender Supervision Agency Interstate Supervision Act of 2002:
Provided, That, of the funds appropriated under this heading,
$179,180,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include expenses
relating to the supervision of adults subject to protection
orders or the provision of services for or related to such
persons: Provided further, That, of the funds appropriated
under this heading, $66,743,000 shall be available to the
Pretrial Services Agency, of which $459,000 shall remain
available until September 30, 2023, for costs associated with
relocation under a replacement lease for headquarters offices,
field offices, and related facilities: Provided further, That
notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided further, That amounts under this
heading may be used for programmatic incentives for defendants
to successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of
motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization
and Self-Government Improvement Act of 1997, $46,212,000:
Provided, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended
in the same manner as funds appropriated for salaries and
expenses of Federal agencies: Provided further, That the
District of Columbia Public Defender Service may establish for
employees of the District of Columbia Public Defender Service a
program substantially similar to the program set forth in
subchapter II of chapter 35 of title 5, United States Code,
except that the maximum amount of the payment made under the
program to any individual may not exceed the amount referred to
in section 3523(b)(3)(B) of title 5, United States Code:
Provided further, That for the purposes of engaging with, and
receiving services from, Federal Franchise Fund Programs
established in accordance with section 403 of the Government
Management Reform Act of 1994, as amended, the District of
Columbia Public Defender Service shall be considered an agency
of the United States Government.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,150,000, to remain available until expended, to
support initiatives related to the coordination of Federal and
local criminal justice resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2022, to the Commission on Judicial Disabilities and
Tenure, $325,000, and for the Judicial Nomination Commission,
$275,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until
expended, for payments authorized under the Scholarships for
Opportunity and Results Act (division C of Public Law 112-10):
Provided, That, to the extent that funds are available for
opportunity scholarships and following the priorities included
in section 3006 of such Act, the Secretary of Education shall
make scholarships available to students eligible under section
3013(3) of such Act (Public Law 112-10; 125 Stat. 211)
including students who were not offered a scholarship during
any previous school year: Provided further, That within funds
provided for opportunity scholarships up to $1,750,000 shall be
for the activities specified in sections 3007(b) through
3007(d) of the Act and up to $500,000 shall be for the
activities specified in section 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $600,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent match
for this payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for
the current fiscal year out of the General Fund of the District
of Columbia (``General Fund'') for programs and activities set
forth in the Fiscal Year 2021 Local Budget Act of 2020 (D.C.
Act 23-408) and at rates set forth under such Act, as amended
as of the date of enactment of this Act: Provided, That
notwithstanding any other provision of law, except as provided
in section 450A of the District of Columbia Home Rule Act
(section 1-204.50a, D.C. Official Code), sections 816 and 817
of the Financial Services and General Government Appropriations
Act, 2009 (secs. 47-369.01 and 47-369.02, D.C. Official Code),
and provisions of this Act, the total amount appropriated in
this Act for operating expenses for the District of Columbia
for fiscal year 2021 under this heading shall not exceed the
estimates included in the Fiscal Year 2021 Local Budget Act of
2020, as amended as of the date of enactment of this Act or the
sum of the total revenues of the District of Columbia for such
fiscal year: Provided further, That the amount appropriated
may be increased by proceeds of one-time transactions, which
are expended for emergency or unanticipated operating or
capital needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of
Columbia Home Rule Act: Provided further, That the Chief
Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the
Chief Financial Officer of the appropriations and funds made
available to the District during fiscal year 2021, except that
the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2021''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,400,000, to remain available until September 30, 2022, of
which not to exceed $1,000 is for official reception and
representation expenses.
Commodity Futures Trading Commission
(including transfers of funds)
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District of
Columbia and elsewhere, $304,000,000, including not to exceed
$3,000 for official reception and representation expenses, and
not to exceed $25,000 for the expenses for consultations and
meetings hosted by the Commission with foreign governmental and
other regulatory officials, of which not less than $20,000,000
shall remain available until September 30, 2022, and of which
not less than $3,568,000 shall be for expenses of the Office of
the Inspector General: Provided, That notwithstanding the
limitations in 31 U.S.C. 1553, amounts provided under this
heading are available for the liquidation of obligations equal
to current year payments on leases entered into prior to the
date of enactment of this Act: Provided further, That for the
purpose of recording and liquidating any lease obligations that
should have been recorded and liquidated against accounts
closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and
recorded in a no-year account in the Treasury, which has been
established for the sole purpose of recording adjustments for
and liquidating such unpaid obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $135,000,000, of which
$1,300,000 shall remain available until expended to carry out
the program, including administrative costs, required by
section 1405 of the Virginia Graeme Baker Pool and Spa Safety
Act (Public Law 110-140; 15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2021, none of the amounts made
available by this Act may be used to finalize or implement the
Safety Standard for Recreational Off-Highway Vehicles published
by the Consumer Product Safety Commission in the Federal
Register on November 19, 2014 (79 Fed. Reg. 68964) until
after--
(1) the National Academy of Sciences, in consultation
with the National Highway Traffic Safety Administration
and the Department of Defense, completes a study to
determine--
(A) the technical validity of the lateral
stability and vehicle handling requirements
proposed by such standard for purposes of
reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as
``ROV'') rollovers in the off-road environment,
including the repeatability and reproducibility
of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were
adopted;
(C) whether there is a technical basis for
the proposal to provide information on a point-
of-sale hangtag about a ROV's rollover
resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by
the United States military if the proposed
requirements were adopted; and
(2) a report containing the results of the study
completed under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of
the House of Representatives;
(C) the Committee on Appropriations of the
Senate; and
(D) the Committee on Appropriations of the
House of Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act
of 2002 (Public Law 107-252), $17,000,000, of which $1,500,000
shall be transferred to the National Institute of Standards and
Technology for election reform activities authorized under the
Help America Vote Act of 2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special counsel
fees; and services as authorized by 5 U.S.C. 3109,
$341,000,000, to remain available until expended: Provided,
That in addition, $33,000,000, shall be made available until
expended for implementing title VIII of the Communications Act
of 1934 (47 U.S.C. 641 et seq.), as added by the Broadband DATA
Act (Public Law 116-130): Provided further, That $374,000,000
of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of
1934, shall be retained and used for necessary expenses and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced as such offsetting
collections are received during fiscal year 2021 so as to
result in a final fiscal year 2021 appropriation estimated at
$0: Provided further, That, notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation
shall not exceed $134,495,000 for fiscal year 2021: Provided
further, That, of the amount appropriated under this heading,
not less than $11,326,800 shall be for the salaries and
expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by striking
``December 31, 2020'' each place it appears and inserting
``December 31, 2021''.
Sec. 511. None of the funds appropriated by this Act may be
used by the Federal Communications Commission to modify, amend,
or change its rules or regulations for universal service
support payments to implement the February 27, 2004,
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $42,982,000, to be derived from the Deposit Insurance
Fund or, only when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $71,497,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan
Numbered 2 of 1978, and the Civil Service Reform Act of 1978,
including services authorized by 5 U.S.C. 3109, and including
hire of experts and consultants, hire of passenger motor
vehicles, and including official reception and representation
expenses (not to exceed $1,500) and rental of conference rooms
in the District of Columbia and elsewhere, $26,600,000:
Provided, That public members of the Federal Service Impasses
Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons
employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further,
That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the
costs of carrying out these conferences.
Federal Permitting Improvement Steering Council
environmental review improvement fund
(including transfer of funds)
For necessary expenses of the Environmental Review
Improvement Fund established pursuant to 42 U.S.C. 4370m-8(d),
$10,000,000, to remain available until expended: Provided,
That funds appropriated in prior appropriations Acts under the
heading ``General Services Administration--General Activities--
Environmental Review Improvement Fund'' shall be transferred to
and merged with this account.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; and not to exceed $2,000 for
official reception and representation expenses, $351,000,000,
to remain available until expended: Provided, That not to
exceed $300,000 shall be available for use to contract with a
person or persons for collection services in accordance with
the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed
$150,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of
law, not to exceed $19,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the
Telemarketing Sales Rule, promulgated under the Telemarketing
and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et
seq.), shall be credited to this account, and be retained and
used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the general fund
shall be reduced as such offsetting collections are received
during fiscal year 2021, so as to result in a final fiscal year
2021 appropriation from the general fund estimated at not more
than $182,000,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of
buildings in the District of Columbia; restoration of leased
premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally owned
buildings, including grounds, approaches, and appurtenances;
care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites
by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites;
conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or
otherwise; construction of new buildings (including equipment
for such buildings); and payment of principal, interest, and
any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate
amount of $9,065,489,000, of which--
(1) $230,000,000 shall remain available until
expended for construction and acquisition (including
funds for sites and expenses, and associated design and
construction services) as follows:
(A) $135,500,000 shall be for the United
States Courthouse, Hartford, Connecticut; and
(B) $94,500,000 shall be for the United
States Courthouse, Chattanooga, Tennessee:
Provided, That each of the foregoing limits of costs
on new construction and acquisition projects may be
exceeded to the extent that savings are effected in
other such projects, but not to exceed 10 percent of
the amounts included in a transmitted prospectus, if
required, unless advance approval is obtained from the
Committees on Appropriations of a greater amount;
(2) $576,581,000 shall remain available until
expended for repairs and alterations, including
associated design and construction services, of which--
(A) $203,908,000 is for Major Repairs and
Alterations; and
(B) $372,673,000 is for Basic Repairs and
Alterations:
Provided, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs
and Alterations shall, for prospectus projects, be
limited to the amount identified for each project,
except each project in this or any previous Act may be
increased by an amount not to exceed 10 percent unless
advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further,
That additional projects for which prospectuses have
been fully approved may be funded under this category
only if advance approval is obtained from the
Committees on Appropriations: Provided further, That
the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs
associated with implementing security improvements to
buildings necessary to meet the minimum standards for
security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate:
Provided further, That the difference between the funds
appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and
Alterations'', may be transferred to ``Basic Repairs
and Alterations'' or used to fund authorized increases
in prospectus projects: Provided further, That the
amount provided in this or any prior Act for ``Basic
Repairs and Alterations'' may be used to pay claims
against the Government arising from any projects under
the heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects;
(3) $5,725,464,000 for rental of space to remain
available until expended; and
(4) $2,533,444,000 for building operations to remain
available until expended: Provided, That the total
amount of funds made available from this Fund to the
General Services Administration shall not be available
for expenses of any construction, repair, alteration
and acquisition project for which a prospectus, if
required by 40 U.S.C. 3307(a), has not been approved,
except that necessary funds may be expended for each
project for required expenses for the development of a
proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended
for emergency repairs when advance approval is obtained
from the Committees on Appropriations: Provided
further, That amounts necessary to provide reimbursable
special services to other agencies under 40 U.S.C.
592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities
on private or other property not in Government
ownership or control as may be appropriate to enable
the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall
be available from such revenues and collections:
Provided further, That revenues and collections and any
other sums accruing to this Fund during fiscal year
2021, excluding reimbursements under 40 U.S.C.
592(b)(2), in excess of the aggregate new obligational
authority authorized for Real Property Activities of
the Federal Buildings Fund in this Act shall remain in
the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor
vehicles, information technology management, and related
technology activities; and services as authorized by 5 U.S.C.
3109; $64,000,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and
donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; and services as authorized by 5 U.S.C. 3109;
$49,440,000, of which $26,890,000 is for Real and Personal
Property Management and Disposal; and of which $22,550,000 is
for the Office of the Administrator, of which not to exceed
$7,500 is for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $9,301,000, of which $2,000,000 shall remain
available until September 30, 2022.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $67,000,000: Provided,
That not to exceed $50,000 shall be available for payment for
information and detection of fraud against the Government,
including payment for recovery of stolen Government property:
Provided further, That not to exceed $2,500 shall be available
for awards to employees of other Federal agencies and private
citizens in recognition of efforts and initiatives resulting in
enhanced Office of Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958
(3 U.S.C. 102 note), and Public Law 95-138, $4,400,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses of the Office of Products and
Programs, including services authorized by 40 U.S.C. 323 and 44
U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically,
through the development and implementation of innovative uses
of information technology; $55,000,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the previous
amount may be transferred to Federal agencies to carry out the
purpose of the Federal Citizen Services Fund: Provided
further, That the appropriations, revenues, reimbursements, and
collections deposited into the Fund shall be available until
expended for necessary expenses of Federal Citizen Services and
other activities that enable the Federal Government to enhance
its ability to conduct activities electronically in the
aggregate amount not to exceed $100,000,000: Provided further,
That appropriations, revenues, reimbursements, and collections
accruing to this Fund during fiscal year 2021 in excess of such
amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts:
Provided further, That, of the total amount appropriated, up to
$5,000,000 shall be available for support functions and full-
time hires to support activities related to the
Administration's requirements under title II of the Foundations
for Evidence-Based Policymaking Act (Public Law 115-435):
Provided further, That the transfer authorities provided herein
shall be in addition to any other transfer authority provided
in this Act.
expenses, presidential transition
(including transfers of funds)
For necessary expenses to carry out the Presidential
Transition Act of 1963 (3 U.S.C. 102 note) and 40 U.S.C.
581(e), $9,900,000, of which not to exceed $1,000,000 is for
activities authorized by sections 3(a)(8) and 3(a)(9) of the
Act: Provided, That such amounts may be transferred and
credited to the ``Acquisition Services Fund'' or ``Federal
Buildings Fund'' to reimburse obligations incurred prior to
enactment of this Act for the purposes provided herein related
to the Presidential election in 2020: Provided further, That
amounts available under this heading shall be in addition to
any other amounts available for such purposes: Provided
further, That in the case where the President-elect is the
incumbent President or in the case where the Vice-President-
elect is the incumbent Vice President, $8,900,000 is hereby
permanently rescinded, pursuant to section 3(g) of the
Presidential Transition Act of 1963.
technology modernization fund
For the Technology Modernization Fund, $25,000,000, to remain
available until expended, for technology-related modernization
activities.
asset proceeds and space management fund
For carrying out section 16(b) of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note), $16,000,000, to
remain available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available
for fiscal year 2021 for Federal Buildings Fund activities may
be transferred between such activities only to the extent
necessary to meet program requirements: Provided, That any
proposed transfers shall be approved in advance by the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 522. Except as otherwise provided in this title, funds
made available by this Act shall be used to transmit a fiscal
year 2022 request for United States Courthouse construction
only if the request: (1) meets the design guide standards for
construction as established and approved by the General
Services Administration, the Judicial Conference of the United
States, and the Office of Management and Budget; (2) reflects
the priorities of the Judicial Conference of the United States
as set out in its approved Courthouse Project Priorities plan;
and (3) includes a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used
to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any
agency that does not pay the rate per square foot assessment
for space and services as determined by the General Services
Administration in consideration of the Public Buildings
Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than $250,000
arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other
construction projects with prior notification to the Committees
on Appropriations of the House of Representatives and the
Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease authority
pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40
U.S.C. 3307, the Administrator shall ensure that the delineated
area of procurement is identical to the delineated area
included in the prospectus for all lease agreements, except
that, if the Administrator determines that the delineated area
of the procurement should not be identical to the delineated
area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease
authority provided in the resolution.
Sec. 526. With respect to each project funded under the
heading ``Major Repairs and Alterations'', and with respect to
E-Government projects funded under the heading ``Federal
Citizen Services Fund'', the Administrator of General Services
shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the
House of Representatives and the Senate not later than 60 days
after the date of enactment of this Act.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$2,000,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note),
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, direct procurement of survey
printing, and not to exceed $2,000 for official reception and
representation expenses, $44,490,000, to remain available until
September 30, 2022, and in addition not to exceed $2,345,000,
to remain available until September 30, 2022, for
administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability
Fund in amounts determined by the Merit Systems Protection
Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust
Fund, pursuant to the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5601 et seq.), $1,800,000, to remain
available until expended, of which, notwithstanding sections 8
and 9 of such Act, up to $1,000,000 shall be available to carry
out the activities authorized by section 6(7) of Public Law
102-259 and section 817(a) of Public Law 106-568 (20 U.S.C.
5604(7)): Provided, That all current and previous amounts
transferred to the Office of Inspector General of the
Department of the Interior will remain available until expended
for audits and investigations of the Morris K. Udall and
Stewart L. Udall Foundation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.), as amended, and for annual
independent financial audits of the Morris K. Udall and Stewart
L. Udall Foundation pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107-289): Provided further,
That previous amounts transferred to the Office of Inspector
General of the Department of the Interior may be transferred to
the Morris K. Udall and Stewart L. Udall Foundation for annual
independent financial audits pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,200,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration
of the National Archives and Records Administration and
archived Federal records and related activities, as provided by
law, and for expenses necessary for the review and
declassification of documents, the activities of the Public
Interest Declassification Board, the operations and maintenance
of the electronic records archives, the hire of passenger motor
vehicles, and for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning, $377,000,000, of which $9,230,000 shall
remain available until expended for improvements necessary to
enhance the Federal Government's ability to electronically
preserve, manage, and store Government records, and of which up
to $2,000,000 shall remain available until expended to
implement the Civil Rights Cold Case Records Collection Act of
2018 (Public Law 115-426).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act
of 2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the
Inspector General Act of 1978 (5 U.S.C. App.), and for the hire
of passenger motor vehicles, $4,823,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$9,500,000, to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44 U.S.C.
2504, $6,500,000, to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000 shall
be available until September 30, 2022, for technical assistance
to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading on
Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the
District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and
representation expenses, $18,600,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on a
fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; and payment of per diem and/or subsistence allowances
to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty,
$160,130,000: Provided, That of the total amount made
available under this heading, at least $9,000,000 shall remain
available until expended, for information technology
infrastructure modernization and Trust Fund Federal Financial
System migration or modernization, and shall be in addition to
funds otherwise made available for such purposes: Provided
further, That of the total amount made available under this
heading, not less than $350,000 shall be used to hire
additional congressional liaisons: Provided further, That of
the total amount made available under this heading, $1,068,000
may be made available for strengthening the capacity and
capabilities of the acquisition workforce (as defined by the
Office of Federal Procurement Policy Act, as amended (41 U.S.C.
4001 et seq.)), including the recruitment, hiring, training,
and retention of such workforce and information technology in
support of acquisition workforce effectiveness or for
management solutions to improve acquisition management; and in
addition $169,625,000 for administrative expenses, to be
transferred from the appropriate trust funds of OPM without
regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs:
Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds as
provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order
No. 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission on
White House Fellows, established by Executive Order No. 11183
of October 3, 1964, may, during fiscal year 2021, accept
donations of money, property, and personal services: Provided
further, That such donations, including those from prior years,
may be used for the development of publicity materials to
provide information about the White House Fellows, except that
no such donations shall be accepted for travel or reimbursement
of travel expenses, or for the salaries of employees of such
Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, including services as authorized by 5 U.S.C. 3109, hire
of passenger motor vehicles, $5,000,000, and in addition, not
to exceed $27,265,000 for administrative expenses to audit,
investigate, and provide other oversight of the Office of
Personnel Management's retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office of
Personnel Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel, including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses, rental
of conference rooms in the District of Columbia and elsewhere,
and hire of passenger motor vehicles; $29,500,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $17,000,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $8,500,000, to remain available until September
30, 2022.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform
Board in carrying out the Federal Assets Sale and Transfer Act
of 2016 (Public Law 114-287), $3,500,000, to remain available
until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,500
for official reception and representation expenses,
$1,894,835,000, to remain available until expended; of which
not less than $16,313,000 shall be for the Office of Inspector
General; of which not to exceed $75,000 shall be available for
a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000
shall be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and other
regulatory officials, members of their delegations and staffs
to exchange views concerning securities matters, such expenses
to include necessary logistic and administrative expenses and
the expenses of Commission staff and foreign invitees in
attendance including: (1) incidental expenses such as meals;
(2) travel and transportation; and (3) related lodging or
subsistence.
In addition to the foregoing appropriation, for move,
replication, and related costs associated with a replacement
lease for the Commission's District of Columbia headquarters,
not to exceed $18,650,000, to remain available until expended;
and for move, replication, and related costs associated with a
replacement lease for the Commission's San Francisco Regional
Office facilities, not to exceed $12,677,000, to remain
available until expended.
For purposes of calculating the fee rate under section 31(j)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for
fiscal year 2021, all amounts appropriated under this heading
shall be deemed to be the regular appropriation to the
Commission for fiscal year 2021: Provided, That fees and
charges authorized by section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) shall be credited to this account as
offsetting collections: Provided further, That not to exceed
$1,894,835,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account; not to exceed $18,650,000 of such offsetting
collections shall be available until expended for move,
replication, and related costs under this heading associated
with a replacement lease for the Commission's District of
Columbia headquarters facilities; and not to exceed $12,677,000
of such offsetting collections shall be available until
expended for move, replication, and related costs under this
heading associated with a replacement lease for the
Commission's San Francisco Regional Office facilities:
Provided further, That the total amount appropriated under this
heading from the general fund for fiscal year 2021 shall be
reduced as such offsetting fees are received so as to result in
a final total fiscal year 2021 appropriation from the general
fund estimated at not more than $0: Provided further, That if
any amount of the appropriation for move, replication, and
related costs associated with a replacement lease for the
Commission's District of Columbia headquarters office
facilities or if any amount of the appropriation for costs
associated with a replacement lease for the Commission's San
Francisco Regional Office is subsequently de-obligated by the
Commission, such amount that was derived from the general fund
shall be returned to the general fund, and such amounts that
were derived from fees or assessments collected for such
purpose shall be paid to each national securities exchange and
national securities association, respectively, in proportion to
any fees or assessments paid by such national securities
exchange or national securities association under section 31 of
the Securities Exchange Act of 1934 (15 U.S.C. 78ee) in fiscal
year 2021.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $26,000,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31 U.S.C.
1341, whenever the President deems such action to be necessary
in the interest of national defense: Provided further, That
none of the funds appropriated by this Act may be expended for
or in connection with the induction of any person into the
Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of title
31, United States Code, and not to exceed $3,500 for official
reception and representation expenses, $270,157,000, of which
not less than $12,000,000 shall be available for examinations,
reviews, and other lender oversight activities: Provided, That
the Administrator is authorized to charge fees to cover the
cost of publications developed by the Small Business
Administration, and certain loan program activities, including
fees authorized by section 5(b) of the Small Business Act:
Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to
this account, to remain available until expended, for carrying
out these purposes without further appropriations: Provided
further, That the Small Business Administration may accept
gifts in an amount not to exceed $4,000,000 and may co-sponsor
activities, each in accordance with section 132(a) of division
K of Public Law 108-447, during fiscal year 2021: Provided
further, That $6,100,000 shall be available for the Loan
Modernization and Accounting System, to be available until
September 30, 2022.
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial
and small business development, $272,000,000, to remain
available until September 30, 2022: Provided, That
$136,000,000 shall be available to fund grants for performance
in fiscal year 2021 or fiscal year 2022 as authorized by
section 21 of the Small Business Act: Provided further, That
$35,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15
U.S.C. 636(m)(4)) by intermediaries that make microloans under
the microloan program: Provided further, That $19,500,000
shall be available for grants to States to carry out export
programs that assist small business concerns authorized under
section 22(l) of the Small Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $22,011,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying
out the provisions of title II of Public Law 94-305 (15 U.S.C.
634a et seq.) and the Regulatory Flexibility Act of 1980 (5
U.S.C. 601 et seq.), $9,190,000, to remain available until
expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $5,000,000, to remain available
until expended, and for the cost of guaranteed loans as
authorized by section 7(a) of the Small Business Act (Public
Law 83-163), $15,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section
502 of the Congressional Budget Act of 1974, during fiscal year
2021 commitments to guarantee loans under section 503 of the
Small Business Investment Act of 1958 shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2021
commitments for general business loans authorized under
paragraphs (1) through (35) of section 7(a) of the Small
Business Act shall not exceed $30,000,000,000 for a combination
of amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That
during fiscal year 2021 commitments for loans authorized under
subparagraph (C) of section 502(7) of the Small Business
Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2021
commitments to guarantee loans for debentures under section
303(b) of the Small Business Investment Act of 1958 shall not
exceed $4,000,000,000: Provided further, That during fiscal
year 2021, guarantees of trust certificates authorized by
section 5(g) of the Small Business Act shall not exceed a
principal amount of $13,000,000,000. In addition, for
administrative expenses to carry out the direct and guaranteed
loan programs, $160,300,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$168,075,000, to be available until expended, of which
$1,600,000 is for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan programs and shall be transferred
to and merged with the appropriations for the Office of
Inspector General; of which $158,075,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program, which may be transferred to and
merged with the appropriations for Salaries and Expenses; and
of which $8,400,000 is for indirect administrative expenses for
the direct loan program, which may be transferred to and merged
with the appropriations for Salaries and Expenses: Provided,
That, of the funds provided under this heading, $142,864,000
shall be for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major
disasters under this heading is designated by Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177).
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 608 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 541. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration
under the headings ``Salaries and Expenses'' and ``Business
Loans Program Account'' may be transferred to the
Administration's information technology system modernization
and working capital fund (IT WCF), as authorized by section
1077(b)(1) of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018, for the purposes
specified in section 1077(b)(3) of such Act, upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts
transferred to the IT WCF under this section shall remain
available for obligation through September 30, 2024.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on
free and reduced rate mail, pursuant to subsections (c) and (d)
of section 2401 of title 39, United States Code, $55,333,000:
Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That 6-day
delivery and rural delivery of mail shall continue at not less
than the 1983 level: Provided further, That none of the funds
made available to the Postal Service by this Act shall be used
to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support
enforcement agency, or any individual participating in a State
or local program of child support enforcement, a fee for
information requested or provided concerning an address of a
postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close
small rural and other small post offices: Provided further,
That the Postal Service may not destroy, and shall continue to
offer for sale, any copies of the Multinational Species
Conservation Funds Semipostal Stamp, as authorized under the
Multinational Species Conservation Funds Semipostal Stamp Act
of 2010 (Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $250,000,000, to be derived by transfer from the Postal
Service Fund and expended as authorized by section 603(b)(3) of
the Postal Accountability and Enhancement Act (Public Law 109-
435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, and not to
exceed $3,000 for official reception and representation
expenses; $56,100,000, of which $1,000,000 shall remain
available until expended: Provided, That travel expenses of
the judges shall be paid upon the written certificate of the
judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. None of the funds in this Act shall be used 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 funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 605. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any
Government employee where funding an activity or paying a
salary to a Government employee would result in a decision,
determination, rule, regulation, or policy that would prohibit
the enforcement of section 307 of the Tariff Act of 1930 (19
U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter 83
of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating chapter 83 of title 41,
United States Code.
Sec. 608. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in
fiscal year 2021, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization, restructuring, relocation, or
closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation, detailing both full-time employee
equivalents and budget authority, with separate columns to
display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level; (2) a delineation in the table for each
appropriation and its respective prior year enacted level by
object class and program, project, and activity as detailed in
this Act, in the accompanying report, or in the budget appendix
for the respective appropriation, whichever is more detailed,
and which shall apply to all items for which a dollar amount is
specified and to all programs for which new budget authority is
provided, as well as to discretionary grants and discretionary
grant allocations; and (3) an identification of items of
special congressional interest: Provided further, That the
amount appropriated or limited for salaries and expenses for an
agency shall be reduced by $100,000 per day for each day after
the required date that the report has not been submitted to the
Congress.
Sec. 609. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2021 from appropriations
made available for salaries and expenses for fiscal year 2021
in this Act, shall remain available through September 30, 2022,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on
any individual from the Federal Bureau of
Investigation; or
(2) a determination with respect to the treatment of
an organization as described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code from the Department
of the Treasury or the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background
investigation report, if such individual has given
express written consent for such request not more than
6 months prior to the date of such request and during
the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the nonforeign
area cost-of-living allowance program, the Office of Personnel
Management may accept and utilize (without regard to any
restriction on unanticipated travel expenses imposed in an
Appropriations Act) funds made available to the Office of
Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where
the life of the mother would be endangered if the fetus were
carried to term, or the pregnancy is the result of an act of
rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code (popularly
known as the Buy American Act), shall not apply to the
acquisition by the Federal Government of information technology
(as defined in section 11101 of title 40, United States Code),
that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling an
officer or employee to attend and participate in any meeting or
similar function relating to the official duties of the officer
or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to
regulation by such agency or commission, unless the person or
entity is an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code.
Sec. 617. (a)(1) Notwithstanding any other provision of law,
an Executive agency covered by this Act otherwise authorized to
enter into contracts for either leases or the construction or
alteration of real property for office, meeting, storage, or
other space must consult with the General Services
Administration before issuing a solicitation for offers of new
leases or construction contracts, and in the case of succeeding
leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency
lease may do so during any period declared by the President to
require emergency leasing authority with respect to such
agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds
by this Act, but does not include the General Services
Administration or the United States Postal Service.
Sec. 618. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund
(28 U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund
(28 U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of
retired employees, as authorized by chapter 89
of title 5, United States Code, and the Retired
Federal Employees Health Benefits Act (74 Stat.
849); and
(B) with respect to the life insurance
benefits for employees retiring after December
31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new
and increased annuity benefits under the Civil Service
Retirement and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from
the Civil Service Retirement and Disability Fund by
statutory provisions other than subchapter III of
chapter 83 or chapter 84 of title 5, United States
Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 619. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts'' unless the Interagency
Working Group on Food Marketed to Children complies with
Executive Order No. 13563.
Sec. 620. (a) The head of each executive branch agency funded
by this Act shall ensure that the Chief Information Officer of
the agency has the authority to participate in decisions
regarding the budget planning process related to information
technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the Office
of Management and Budget, in such manner as specified by, or
approved by, the Chief Information Officer of the agency in
consultation with the Chief Financial Officer of the agency and
budget officials.
Sec. 621. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title 44,
United States Code.
Sec. 622. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by a
provider of electronic communication service to the public or
remote computing service of the contents of a wire or
electronic communication that is in electronic storage with the
provider (as such terms are defined in sections 2510 and 2711
of title 18, United States Code) in a manner that violates the
Fourth Amendment to the Constitution of the United States.
Sec. 623. None of the funds appropriated by this Act may be
used by the Federal Communications Commission to modify, amend,
or change the rules or regulations of the Commission for
universal service high-cost support for competitive eligible
telecommunications carriers in a way that is inconsistent with
paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code
of Federal Regulations, as in effect on July 15, 2015:
Provided, That this section shall not prohibit the Commission
from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II.
Sec. 624. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of
law, except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section
shall provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided
by the establishment over which that Inspector General has
responsibilities under the Inspector General Act of 1978. Each
Inspector General covered by this section shall report to the
Committees on Appropriations of the House of Representatives
and the Senate within 5 calendar days any failures to comply
with this requirement.
Sec. 625. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication activities, or other
law enforcement- or victim assistance-related activity.
Sec. 626. None of the funds appropriated or other-wise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has failed
to meet the basic requirements of a contract, unless the Agency
determines that any such deviations are due to unforeseeable
events, government-driven scope changes, or are not significant
within the overall scope of the project and/or program and
unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulation.
Sec. 627. (a) None of the funds made available under this Act
may be used to pay for travel and conference activities that
result in a total cost to an Executive branch department,
agency, board or commission funded by this Act of more than
$500,000 at any single conference unless the agency or entity
determines that such attendance is in the national interest and
advance notice is transmitted to the Committees on
Appropriations of the House of Representatives and the Senate
that includes the basis of that determination.
(b) None of the funds made available under this Act may be
used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any
single conference occurring outside the United States unless
the agency or entity determines that such attendance is in the
national interest and advance notice is transmitted to the
Committees on Appropriations of the House of Representatives
and the Senate that includes the basis of that determination.
Sec. 628. None of the funds made available by this Act may
be used for first-class or business-class travel by the
employees of executive branch agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.125 of
title 41, Code of Federal Regulations.
Sec. 629. In addition to any amounts appropriated or
otherwise made available for expenses related to enhancements
to www.oversight.gov, $850,000, to remain available until
expended, shall be provided for an additional amount for such
purpose to the Inspectors General Council Fund established
pursuant to section 11(c)(3)(B) of the Inspector General Act of
1978 (5 U.S.C. App.): Provided, That these amounts shall be in
addition to any amounts or any authority available to the
Council of the Inspectors General on Integrity and Efficiency
under section 11 of the Inspector General Act of 1978 (5 U.S.C.
App.).
Sec. 630. None of the funds made available by this Act may
be obligated on contracts in excess of $5,000 for public
relations, as that term is defined in Office and Management and
Budget Circular A-87 (revised May 10, 2004), unless advance
notice of such an obligation is transmitted to the Committees
on Appropriations of the House of Representatives and the
Senate.
Sec. 631. None of the funds made available by this Act shall
be used by the Securities and Exchange Commission to finalize,
issue, or implement any rule, regulation, or order regarding
the disclosure of political contributions, contributions to tax
exempt organizations, or dues paid to trade associations.
Sec. 632. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the
programs and activities of the agency.
Sec. 633. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this
act, shall clearly state--
(1) the percentage of the total costs of the program
or project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the
project or program; and
(3) percentage and dollar amount of the total costs
of the project or program that will be financed by non-
governmental sources.
Sec. 634. Of the unobligated balances available in the
Department of the Treasury, Treasury Forfeiture Fund,
established by section 9703 of title 31, United States Code,
$75,000,000 shall be permanently rescinded not later than
September 30, 2021.
Sec. 635. Not later than 45 days after the last day of each
quarter, each agency funded in this Act shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a quarterly budget report that includes total
obligations of the Agency for that quarter for each
appropriation, by the source year of the appropriation.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2021 shall obligate or expend any
such funds, unless such department, agency, or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Substances
Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles), is
hereby fixed at $19,947 except station wagons for which the
maximum shall be $19,997: Provided, That these limits may be
exceeded by not to exceed $7,250 for police-type vehicles:
Provided further, That the limits set forth in this section may
not be exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under the provisions of
the Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the limits
set forth in this section may be exceeded by the incremental
cost of clean alternative fuels vehicles acquired pursuant to
Public Law 101-549 over the cost of comparable conventionally
fueled vehicles: Provided further, That the limits set forth
in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel,
including but not limited to electric, plug-in hybrid electric,
and hydrogen fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with 5
U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained in
this or any other Act shall be used to pay the compensation of
any officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person who is
lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a
person who is admitted as a refugee under 8 U.S.C. 1157 or is
granted asylum under 8 U.S.C. 1158 and has filed a declaration
of intention to become a lawful permanent resident and then a
citizen when eligible; or (4) is a person who owes allegiance
to the United States: Provided, That for purposes of this
section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this
section with respect to his or her status are being complied
with: Provided further, That for purposes of subsections (2)
and (3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than $4,000
or imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer or
employee contrary to the provisions of this section shall be
recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who is
an officer or employee of the Government of the United States
on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service pursuant
to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with the
Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use
funds resulting from the sale of materials, including Federal
records disposed of pursuant to a records schedule recovered
through recycling or waste prevention programs. Such funds
shall be available until expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No.
13834 (May 17, 2018), including any such programs
adopted prior to the effective date of the Executive
order.
(2) Other Federal agency environmental management
programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by law or
as deemed appropriate by the head of the Federal
agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to objects
for which such funds are otherwise available, for rent in the
District of Columbia; services in accordance with 5 U.S.C.
3109; and the objects specified under this head, all the
provisions of which shall be applicable to the expenditure of
such funds unless otherwise specified in the Act by which they
are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a joint resolution duly adopted in
accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian employee
of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any
such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate. For the
purposes of this section, the term ``office'' shall include the
entire suite of offices assigned to the individual, as well as
any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by
this or any other Act shall be available for the interagency
funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive
Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any
other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character that
is excepted from the competitive service under section 3302 of
title 5, United States Code, (pursuant to schedule C of subpart
C of part 213 of title 5 of the Code of Federal Regulations)
unless the head of the applicable department, agency, or other
instrumentality employing such schedule C individual certifies
to the Director of the Office of Personnel Management that the
schedule C position occupied by the individual was not created
solely or primarily in order to detail the individual to the
White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an
element of the intelligence community (as that term is defined
under section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens
to prohibit or prevent, any other officer or employee
of the Federal Government from having any direct oral
or written communication or contact with any Member,
committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment
of such other officer or employee or pertaining to the
department or agency of such other officer or employee
in any way, irrespective of whether such communication
or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance
or efficiency rating, denies promotion to, relocates,
reassigns, transfers, disciplines, or discriminates in
regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any
other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing
actions with respect to such other officer or employee,
by reason of any communication or contact of such other
officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph
(1).
Sec. 714. (a) None of the funds made available in this or any
other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone, or electronic mailing lists to any
person or any organization outside of the Federal Government
without the approval of the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including
by private contractor, for publicity or propaganda purposes
within the United States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5
U.S.C. 105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal
Service, and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official
duties. An employee not under a leave system, including a
Presidential appointee exempted under 5 U.S.C. 6301(2), has an
obligation to expend an honest effort and a reasonable
proportion of such employee's time in the performance of
official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of
this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-agency
groups designated by the Director (including the President's
Management Council for overall management improvement
initiatives, the Chief Financial Officers Council for financial
management initiatives, the Chief Information Officers Council
for information technology initiatives, the Chief Human Capital
Officers Council for human capital initiatives, the Chief
Acquisition Officers Council for procurement initiatives, and
the Performance Improvement Council for performance improvement
initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to
improve coordination, reduce duplication, and for other
activities related to Federal Government Priority Goals
established by 31 U.S.C. 1120, and not to exceed $17,000,000
for Government-Wide innovations, initiatives, and activities:
Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-
wide Policy'' during fiscal year 2021 shall remain available
for obligation through September 30, 2022: Provided further,
That such transfers or reimbursements may only be made after 15
days following notification of the Committees on Appropriations
of the House of Representatives and the Senate by the Director
of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by
this or any other Act shall be available for the interagency
funding of specific projects, workshops, studies, and similar
efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881),
which benefit multiple Federal departments, agencies, or
entities: Provided, That the Office of Management and Budget
shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science, Space, and Technology, and the Senate Committee on
Commerce, Science, and Transportation 90 days after enactment
of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds shall
comply with any relevant requirements in part 200 of title 2,
Code of Federal Regulations: Provided, That this section shall
apply to direct payments, formula funds, and grants received by
a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of
data, derived from any means, that includes any
personally identifiable information relating to an
individual's access to or use of any Federal Government
Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect,
review, or obtain any aggregation of data, derived from
any means, that includes any personally identifiable
information relating to an individual's access to or
use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally
identifiable information;
(3) any action taken for law enforcement, regulatory,
or supervisory purposes, in accordance with applicable
law; or
(4) any action described in subsection (a)(1) that is
a system security action taken by the operator of an
Internet site and is necessarily incident to providing
the Internet site services or to protecting the rights
or property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in
law.
(2) The term ``supervisory'' means examinations of
the agency's supervised institutions, including
assessing safety and soundness, overall financial
condition, management practices and policies and
compliance with applicable standards as provided in
law.
Sec. 726. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a
provision providing prescription drug coverage, except where
the contract also includes a provision for contraceptive
coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of
religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and
agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-126
regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations of
the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease any
additional facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Center
facilities.
Sec. 731. Unless otherwise authorized by existing law, none
of the funds provided in this or any other Act may be used by
an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United
States, unless the story includes a clear notification within
the text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that executive
branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used
for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection
(a) with respect to any Federal Government contract
under the authority of such Secretary if the Secretary
determines that the waiver is required in the interest
of national security.
(2) Report to congress.--Any Secretary issuing a
waiver under paragraph (1) shall report such issuance
to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant to
such contract.
Sec. 734. During fiscal year 2021, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B)
of title 5, United States Code; or
(2) retires under any other provision of subchapter
III of chapter 83 or chapter 84 of such title 5 and
receives a payment as an incentive to separate, the
separating agency shall remit to the Civil Service
Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of
processing a retirement claim for the preceding fiscal
year. Such amounts shall be available until expended to
the Office of Personnel Management and shall be deemed
to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or any
other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution,
expenditure, independent expenditure, or disbursement
for an electioneering communication that is made by the
entity, its officers or directors, or any of its
affiliates or subsidiaries to a candidate for election
for Federal office or to a political committee, or that
is otherwise made with respect to any election for
Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to any person with the intent or the
reasonable expectation that the person will use the
funds to make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal
office'' has the meaning given such term in the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait of
an officer or employee of the Federal Government, including the
President, the Vice President, a member of Congress (including
a Delegate or a Resident Commissioner to Congress), the head of
an executive branch agency (as defined in section 133 of title
41, United States Code), or the head of an office of the
legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2021, by this or
any other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States
Code--
(A) during the period from the date of expiration of
the limitation imposed by the comparable section for
the previous fiscal years until the normal effective
date of the applicable wage survey adjustment that is
to take effect in fiscal year 2021, in an amount that
exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with
such section; and
(B) during the period consisting of the remainder of
fiscal year 2021, in an amount that exceeds, as a
result of a wage survey adjustment, the rate payable
under subparagraph (A) by more than the sum of--
(i) the percentage adjustment taking effect
in fiscal year 2021 under section 5303 of title
5, United States Code, in the rates of pay
under the General Schedule; and
(ii) the difference between the overall
average percentage of the locality-based
comparability payments taking effect in fiscal
year 2021 under section 5304 of such title
(whether by adjustment or otherwise), and the
overall average percentage of such payments
which was effective in the previous fiscal year
under such section.
(2) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee
covered by section 5348 of such title, may be paid during the
periods for which paragraph (1) is in effect at a rate that
exceeds the rates that would be payable under paragraph (1)
were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to
an employee who is covered by this subsection and who is paid
from a schedule not in existence on September 30, 2020, shall
be determined under regulations prescribed by the Office of
Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not be
changed from the rates in effect on September 30, 2020, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2020.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any
requirement or limitation on the basis of a rate of salary or
basic pay, the rate of salary or basic pay payable after the
application of this subsection shall be treated as the rate of
salary or basic pay.
(7) Nothing in this subsection shall be considered to permit
or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if the
Office determines that such exceptions are necessary to ensure
the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2021 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by
employees in the same location whose rates of basic pay
are adjusted pursuant to the statutory pay systems
under sections 5303 and 5304 of title 5, United States
Code: Provided, That prevailing rate employees at
locations where there are no employees whose pay is
increased pursuant to sections 5303 and 5304 of title
5, United States Code, and prevailing rate employees
described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the
pay locality designated as ``Rest of United States''
pursuant to section 5304 of title 5, United States
Code, for purposes of this subsection; and
(2) effective as of the first day of the first
applicable pay period beginning after September 30,
2020.
Sec. 738. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2021 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United
States Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel
to and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference;
and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a
competitive basis; and
(B) a discussion of any cost comparison
conducted by the departmental component or
office in evaluating potential contractors for
the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office shall
notify the Inspector General or senior ethics official for any
entity without an Inspector General, of the date, location, and
number of employees attending a conference held by any
Executive branch department, agency, board, commission, or
office funded by this or any other appropriations Act during
fiscal year 2021 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with planning,
training, assessment, review, or other routine purposes related
to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of Management
and Budget Memorandum M-12-12 dated May 11, 2012 or any
subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate, or
reduce funding for a program, project, or activity as proposed
in the President's budget request for a fiscal year until such
proposed change is subsequently enacted in an appropriation
Act, or unless such change is made pursuant to the
reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on April
15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function performed
by Federal employees pursuant to Office of Management and
Budget Circular A-76 or any other administrative regulation,
directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for a
contract, grant, or cooperative agreement with an entity that
requires employees or contractors of such entity seeking to
report fraud, waste, or abuse to sign internal confidentiality
agreements or statements prohibiting or otherwise restricting
such employees or contractors from lawfully reporting such
waste, fraud, or abuse to a designated investigative or law
enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any
other form issued by a Federal department or agency governing
the nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement
does not contain the following provisions: ``These provisions
are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or
liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to
Congress, (3) the reporting to an Inspector General of a
violation of any law, rule, or regulation, or mismanagement, a
gross waste of funds, an abuse of authority, or a substantial
and specific danger to public health or safety, or (4) any
other whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by
controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding provision of this
section, a nondisclosure policy form or agreement that is to be
executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose
any classified information received in the course of such
activity unless specifically authorized to do so by the United
States Government. Such nondisclosure forms shall also make it
clear that they do not bar disclosures to Congress, or to an
authorized official of an executive agency or the Department of
Justice, that are essential to reporting a substantial
violation of law.
(b) A nondisclosure agreement may continue to be implemented
and enforced notwithstanding subsection (a) if it complies with
the requirements for such agreement that were in effect when
the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into during
fiscal year 2014 which does not contain substantially similar
language to that required in subsection (a).
Sec. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless a Federal agency has
considered suspension or debarment of the corporation and has
made a determination that this further action is not necessary
to protect the interests of the Government.
Sec. 746. (a) During fiscal year 2021, on the date on which a
request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the Senate,
the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public website.
Sec. 747. If, for fiscal year 2021, new budget authority
provided in appropriations Acts exceeds the discretionary
spending limit for any category set forth in section 251(c) of
the Balanced Budget and Emergency Deficit Control Act of 1985
due to estimating differences with the Congressional Budget
Office, an adjustment to the discretionary spending limit in
such category for fiscal year 2021 shall be made by the
Director of the Office of Management and Budget in the amount
of the excess but the total of all such adjustments shall not
exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
Sec. 748. (a) Notwithstanding any official rate adjusted
under section 104 of title 3, United States Code, the rate
payable to the Vice President during calendar year 2021 shall
be the rate payable to the Vice President on December 31, 2020,
by operation of section 749 of division C of Public Law 116-93.
(b) Notwithstanding any official rate adjusted under section
5318 of title 5, United States Code, or any other provision of
law, the payable rate during calendar year 2021 for an employee
serving in an Executive Schedule position, or in a position for
which the rate of pay is fixed by statute at an Executive
Schedule rate, shall be the rate payable for the applicable
Executive Schedule level on December 31, 2020, by operation of
section 749 of division C of Public Law 116-93. Such an
employee may not receive a rate increase during calendar year
2021, except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act of
1980 (Public Law 96-465) or any other provision of law, a chief
of mission or ambassador at large is subject to subsection (b)
in the same manner as other employees who are paid at an
Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior
Executive Service paid a rate of basic pay at
or above the official rate for level IV of the
Executive Schedule; or
(B) a limited term appointee or limited
emergency appointee in the Senior Executive
Service serving under a political appointment
and paid a rate of basic pay at or above the
official rate for level IV of the Executive
Schedule.
(2) Notwithstanding sections 5382 and 5383 of title
5, United States Code, an employee described in
paragraph (1) may not receive a pay rate increase
during calendar year 2021, except as provided in
subsection (i).
(e) Notwithstanding any other provision of law, any employee
paid a rate of basic pay (including any locality- based
payments under section 5304 of title 5, United States Code, or
similar authority) at or above the official rate for level IV
of the Executive Schedule who serves under a political
appointment may not receive a pay rate increase during calendar
year 2021, except as provided in subsection (i). This
subsection does not apply to employees in the General Schedule
pay system or the Foreign Service pay system, to employees
appointed under section 3161 of title 5, United States Code, or
to employees in another pay system whose position would be
classified at GS-15 or below if chapter 51 of title 5, United
States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under applicable
law.
(g) This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under
section 3392(c) of title 5, United States Code, for such time
as that election is in effect.
(h) This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980 (Public
Law 96-465) for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee
in a covered position may receive a pay rate increase upon an
authorized movement to a different covered position only if
that new position has higher-level duties and a pre-established
level or range of pay higher than the level or range for the
position held immediately before the movement. Any such
increase must be based on the rates of pay and applicable
limitations on payable rates of pay in effect on December 31,
2020, by operation of section 749 of division C of Public Law
116-93.
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position during
the period of time subject to this section, the initial pay
rate shall be based on the rates of pay and applicable
limitations on payable rates of pay in effect on December 31,
2020, by operation of section 749 of division C of Public Law
116-93.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2021 but ends
in calendar year 2022, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ``covered
position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2021.
Sec. 749. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2021, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditures for an
agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically
denied, limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which
funds have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds
in excess of $3,000,000 or 10 percent, whichever is
less; or
(7) increases by 20 percent or more personnel
assigned to a specific program, project or
responsibility center, unless prior approval is
received from the Committees on Appropriations of the
House of Representatives and the Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2021.
Sec. 804. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries,
expenses, or other costs associated with the offices of United
States Senator or United States Representative under section
4(d) of the District of Columbia Statehood Constitutional
Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official
Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none
of the funds made available by this Act or by any other Act may
be used to provide any officer or employee of the District of
Columbia with an official vehicle unless the officer or
employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this
section, the term ``official duties'' does not include travel
between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or
is otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer
or employee of the District of Columbia Fire and
Emergency Medical Services Department who resides in
the District of Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the
Department of Corrections, an officer or employee of
the District of Columbia Department of Corrections who
resides in the District of Columbia and is on call 24
hours a day;
(4) at the discretion of the Chief Medical Examiner,
an officer or employee of the Office of the Chief
Medical Examiner who resides in the District of
Columbia and is on call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency
Management Agency who resides in the District of
Columbia and is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act
may be used by the District of Columbia Attorney General or any
other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks
to require Congress to provide for voting representation in
Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or
local law enforcement authorities to be inappropriate for such
distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive coverage
by health insurance plans, but it is the intent of Congress
that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious
beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act
may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or
any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used
to enact any law, rule, or regulation to legalize or otherwise
reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or
where the pregnancy is the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia
government for fiscal year 2021 that is in the total amount of
the approved appropriation and that realigns all budgeted data
for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the
Chief Financial Officer for the District of Columbia certifies
that a reallocation is required to address unanticipated
changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council for the District of
Columbia, a revised appropriated funds operating budget for the
District of Columbia Public Schools that aligns schools budgets
to actual enrollment. The revised appropriated funds budget
shall be in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such amounts,
once transferred or reprogrammed, shall retain appropriation
authority consistent with the provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act
shall remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2021
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2021 in this Act, shall
remain available through September 30, 2022, for each such
account for the purposes authorized: Provided, That a request
shall be submitted to the Committees on Appropriations of the
House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines outlined in section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2022, during a period in
which neither a District of Columbia continuing resolution or a
regular District of Columbia appropriation bill is in effect,
local funds are appropriated in the amount provided for any
project or activity for which local funds are provided in the
Act referred to in paragraph (2) (subject to any modifications
enacted by the District of Columbia as of the beginning of the
period during which this subsection is in effect) at the rate
set forth by such Act.
(2) The Act referred to in this paragraph is the Act
of the Council of the District of Columbia pursuant to
which a proposed budget is approved for fiscal year
2022 which (subject to the requirements of the District
of Columbia Home Rule Act) will constitute the local
portion of the annual budget for the District of
Columbia government for fiscal year 2022 for purposes
of section 446 of the District of Columbia Home Rule
Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2022 is in
effect; or
(2) upon the enactment into law of the regular
District of Columbia appropriation bill for fiscal year
2022.
(c) An appropriation made by subsection (a) is provided under
the authority and conditions as provided under this Act and
shall be available to the extent and in the manner that would
be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2022 for which this
section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2022 if any other provision of
law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to
continue for such period; or
(2) specifically provides that no appropriation shall
be made, no funds shall be made available, or no
authority shall be granted for such project or activity
to continue for such period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. (a) Section 244 of the Revised Statutes of the
United States relating to the District of Columbia (sec. 9-
1201.03, D.C. Official Code) does not apply with respect to any
railroads installed pursuant to the Long Bridge Project.
(b) In this section, the term ``Long Bridge Project'' means
the project carried out by the District of Columbia and the
Commonwealth of Virginia to construct a new Long Bridge
adjacent to the existing Long Bridge over the Potomac River,
including related infrastructure and other related projects, to
expand commuter and regional passenger rail service and to
provide bike and pedestrian access crossings over the Potomac
River.
Sec. 818. Not later than 45 days after the last day of each
quarter, each Federal and District government agency
appropriated Federal funds in this Act shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a quarterly budget report that includes total
obligations of the Agency for that quarter for each Federal
funds appropriation provided in this Act, by the source year of
the appropriation.
Sec. 819. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of this
title or of title IV.
TITLE IX
GENERAL PROVISION--EMERGENCY FUNDING
Sec. 901. For an additional amount for ``Records Center
Revolving Fund'' for the Federal Record Centers Program,
$50,000,000, to remain available until September 30, 2022, to
prevent, prepare for, and respond to coronavirus, domestically
or internationally, which shall be for offsetting the loss
resulting from the coronavirus pandemic of the user charges
collected by such Fund pursuant to subsection (c) under the
heading ``Records Center Revolving Fund'' in Public Law 106-58,
as amended (44 U.S.C. 2901 note): Provided, That the amount
provided under this section in this Act may be used to
reimburse the Fund for obligations incurred for this purpose
prior to the date of the enactment of this Act: Provided
further, That such amount is provided without regard to the
limitation in subsection (d) under the heading ``Records Center
Revolving Fund'' in Public Law 106-58, as amended (44 U.S.C.
2901 note): Provided further, That the amount provided under
this section in this Act may be used to accelerate processing
of requests for military service records received during the
pandemic: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2021''.
[Clerk's note.--Reproduced below is the material relating
to division E contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H8436 of
Book IV.
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DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2021
The joint explanatory statement accompanying this division
is approved and indicates Congressional intent. Unless
otherwise noted, the language set forth in House Report 116-456
carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein.
Reports.--Where the House has directed submission of a
report, that report is to be submitted to the Committees on
Appropriations of the House and Senate. Agencies funded by this
Act that currently provide separate copies of periodic reports
and correspondence to the chairs and ranking members of the
House and Senate Appropriations Committees and Subcommittees on
Financial Services and General Government are directed to use a
single cover letter jointly addressed to the chairs and ranking
members of the Committees and Subcommittees of both the House
and the Senate. To the greatest extent feasible, agencies
should include in the cover letter a reference or hyperlink to
facilitate electronic access to the report and provide the
documents by electronic mail delivery. These measures will help
reduce costs, conserve paper, expedite agency processing, and
ensure that consistent information is conveyed concurrently to
the majority and minority committee offices of both chambers of
Congress.
Federal Law Protections for Religious Liberty.--On October
6, 2017, the Attorney General issued a memorandum to all
executive departments and agencies titled, ``Federal Law
Protections for Religious Liberty.'' The guidance states, ``to
the greatest extent practicable and permitted by law, religious
observance and practice should be reasonably accommodated in
all government activity, including [but not limited to]
employment, contracting, and programming. The following twenty
principles should guide administrative agencies and executive
departments in carrying out this task. These principles should
be understood and interpreted in light of the legal analysis
set forth in the appendix to this memorandum.'' Within 90 days
of the enactment of this Act, each agency and executive
department funded by this Act is directed to report to the
Committees on how this guidance has been implemented. This
report should include any guidance, rulemaking and policy
updates issued by the agency or department. The report should
also include details on how this has influenced their
employment, contracts, grants, and programs.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2021 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police-community relations, that are broadly
applicable and scalable to all Federal law enforcement
agencies. The agreement further notes that several agencies
funded by this Act employ Federal law enforcement officers and
are Federal Law Enforcement Training Centers partner
organizations. The agreement directs such agencies to consult
with the Attorney General regarding the implementation of these
programs for their law enforcement officers. The agreement
further directs such agencies to brief the Committees on
Appropriations on their efforts relating to such implementation
no later than 90 days after consultation with the Attorney
General. In addition, the agreement directs such agencies, to
the extent that they are not already participating, to consult
with the Attorney General and the Director of the FBI regarding
participation in the National Use-of-Force Data Collection. The
agreement further directs such agencies to brief the Committees
on Appropriations, no later than 90 days after enactment of
this Act, on their current efforts to so participate.
Nondiscrimination Report.--The agreement does not include
reporting requirements on discrimination in this bill and
instead includes a similar requirement in the agreement
accompanying the Commerce, Justice, and Science bill.
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
The bill provides $233,000,000 for departmental offices
salaries and expenses.
Savings Bonds.--The agreement notes deep concerns that tens
of billions of dollars in matured U.S. savings bonds are
presently left unclaimed in the U.S. Treasury. Further, the
Treasury Department has not taken sufficient action to reunite
bondholders or to provide the appropriate State agencies with
the necessary information for owners to redeem their unclaimed
bonds. Therefore, the agreement continues all directives
adopted by the joint explanatory statement accompanying
division C of the Consolidated Appropriations Act, 2020 (Public
Law 116-93) relating to savings bonds.
Wildlife Trafficking.--The agreement carries forward the
directives regarding wildlife trafficking included in Senate
Report 116-111, except those directives shall apply to fiscal
year 2021.
Ivory Poaching.--The agreement carries forward the
directives regarding ivory poaching included in Senate Report
116-111, except those directives shall apply to fiscal year
2021.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $20,000,000 for the Committee on Foreign
Investment in the United States (CFIUS) Fund.
Spending Plan.--The Department is directed to provide a
detailed accounting of planned expenditures of the Department
and member agencies prior to obligating or transferring amounts
available in the CFIUS fund.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
The bill provides $175,000,000 for the Office of Terrorism
and Financial Intelligence (TFI).
Economic Sanctions and Divestments.--The Department is
directed to fully implement all sanctions and other financial
measures, including those applicable to designated rebel groups
operating in and around the Democratic Republic of Congo and
those designated for sanction under the Global Magnitsky Act.
Synthetic Opioids.--The Department must remain vigilant in
its efforts to monitor China's implementation and enforcement
of its commitment to control the flow of illicit synthetic
opioids trafficked to the U.S. The agreement includes funds for
TFI to continue to identify and investigate the illicit trade
of synthetic opioids, particularly fentanyl, originating from
China, in order to verify that China is upholding its
commitments. Within 120 days of enactment of this Act, the
Department is directed to report to the Committees on its
utilization of existing authorities to disrupt the illicit
trade and financing of synthetic opioids originating from
China, the use of online networks and Internet platforms on
both the dark web and surface web to finance the movement of
illegal narcotics, and any additional authorities that would
assist the Department in further disrupting the supply chain of
illicit narcotics originating in China, including online
activity.
CYBERSECURITY ENHANCEMENT ACCOUNT
The bill provides $18,000,000 for the Cybersecurity
Enhancement Account.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $6,118,000 for the Department-Wide
Systems and Capital Investments Programs.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $41,044,000 for salaries and expenses of
the Office of Inspector General.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
The bill provides $170,250,000 for salaries and expenses of
the Treasury Inspector General for Tax Administration (TIGTA).
Combatting Internal Revenue Service (IRS) Impersonation
Scams.--TIGTA is encouraged to continue to prioritize working
with the IRS to increase awareness of IRS impersonation scams
and urges TIGTA to pursue the criminals perpetrating this
fraud.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
The bill provides $19,000,000 for salaries and expenses of
the Office of the Special Inspector General for the Troubled
Asset Relief Program.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The bill provides $126,963,000 for salaries and expenses
for the Financial Crimes Enforcement Network (FinCEN).
Bureau of the Fiscal Service
SALARIES AND EXPENSES
The bill provides $345,569,000 for salaries and expenses of
the Bureau of the Fiscal Service.
The agreement includes funding to continue implementation
of the Treasury Internet Connection 3.0 standard and secure
connectivity for the Bureau's data center, provide enhanced
data encryption and support other critical cyber remediation
efforts. The agreement also includes funding to support the
Bureau's Quality Service Management Office for financial
management.
Death Data.--In May 2020, the Social Security Advisory
Board reiterated its recommendation for Congress to transfer
responsibility for the collection of death data from the Social
Security Administration (SSA) to the Department of the
Treasury. Within 120 days of enactment of this act, the Bureau
of Fiscal Service is directed to report to the Committees on
the feasibility of shifting responsibility for the collection
and dissemination of death data from SSA to Treasury's Do Not
Pay portal. The report should include projected implementation
costs and recurring annual costs, including which costs would
need to be funded by direct appropriations.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
The bill provides $124,337,000 for salaries and expenses of
the Alcohol and Tobacco Tax and Trade Bureau.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The bill specifies that not more than $50,000,000 in new
liabilities and obligations may be incurred during fiscal year
2021 for circulating coinage and protective service capital
investments of the U.S. Mint.
Community Development Financial Institutions Fund Program Account
The bill provides $270,000,000 for the Community
Development Financial Institutions (CDFI) Fund program. The
bill limits the total loan principal for the Bond Guarantee
program to $500,000,000.
------------------------------------------------------------------------
Program ($000)
------------------------------------------------------------------------
Financial/Technical Assistance Grants................ 167,000
(Disability Fund).................................. (6,000)
(Mobiliby Corps)................................... (2,000)
Native Initiatives................................... 16,500
Bank Enterprise Award Program........................ 26,000
Healthy Food Financing Initiative.................... 23,000
Small Dollar Loan Program............................ 8,500
Administrative Expenses.............................. 29,000
------------------
Total, CDFI Fund Program Account................... 270,000
------------------------------------------------------------------------
Bond Guarantee Program (BGP).--In lieu of the House report
language directive on the BGP requirements, the agreement
encourages the Department to consider changing the current
program requirements to increase the availability of this
program to credit-worthy CDFIs. The agreement adopts the House
reporting requirements on high-poverty communities and minimum
bond size.
Impact of Fiscal Year 2018 CDFI Awardees.--The Secretary is
directed to report to the Committees within 90 days of
enactment of this Act on the impact fiscal year 2018 CDFI Fund
awardees are having in the communities they serve.
Economic Mobility Corps.--The CDFI Fund is directed to
submit a report no later than December 31, 2021, to the
Committees that describes activities outlined in the Economic
Mobility Corps agreement with the Corporation for National and
Community Service.
Non-Metropolitan and Rural Areas.--Treasury is directed to
take into consideration the unique conditions, challenges, and
scale of non-metropolitan and rural areas when designing
programs to address economic revitalization and community
development. The agreement requires the CDFI Fund to fund a
geographically diverse group of award recipients, including
those from non-metropolitan and rural areas. Additionally, the
Secretary is directed to report to the Committees within 90
days of enactment of this Act on how CDFI Programs recipients
intend to serve non-metropolitan and rural areas and
populations living in persistent poverty counties.
The agreement continues all directives adopted by the joint
explanatory statement accompanying division C of the
Consolidated Appropriations Act, 2020 (Public Law 116-93)
relating to CDFI and the Controlled Substances Act.
Internal Revenue Service
Modernizing Taxpayer Notices and Communications.--The
Internal Revenue Service (IRS) is encouraged to examine options
during their modernization efforts that ensure taxpayers in
rural areas will not be faced with undue burdens following the
conclusion of the modernization period.
Improper Payments.--The IRS is directed to make the
elimination of improper payments an utmost priority and
implement within 270 days of enactment of this Act all open and
unimplemented recommendations from TIGTA and GAO that address
improper payments, or report to the Committees on impediments
to the implementation of each open recommendation. This report
shall include the dollar value of improper payments, as
estimated by TIGTA or GAO, that would be avoided through
implementation of each recommendation.
TAXPAYER SERVICES
The bill provides $2,555,606,000 for Taxpayer Services.
Within the overall amount, not less than $11,000,000 is for the
Tax Counseling for the Elderly Program, not less than
$13,000,000 is for low-income taxpayer clinic grants, and not
less than $211,000,000 is provided for operating expenses of
the IRS Taxpayer Advocate Service, of which not less than
$5,500,000 is for identity theft casework.
In addition, within the overall amount provided, not less
than $30,000,000 is available until September 30, 2022, for the
Community Volunteer Income Tax Assistance Matching Grants
Program.
Rural Service Delivery Issues.--The IRS has been plagued by
significant wait times and deteriorating rate of responses for
assistance provided through the national toll-free line. It is
more imperative than ever that the IRS offer personal and local
assistance to American taxpayers. There is concern that the
actions taken by the IRS and the proposed ``Future State'' of
service leave rural taxpayers reliant on paid preparers or
unable to obtain timely and accurate assistance with pre- and
post-filing questions. The IRS must do more to address the
needs of rural taxpayers by ensuring that they have the ability
to reach local taxpayer assistance services.
Taxpayer Services in Alaska and Hawaii.--The IRS is
directed to continue to staff each Taxpayer Advocate Service
Center (TAC) in Alaska and Hawaii with a Collection Technical
Advisor and an examination technical advisor in addition to the
current complement of office staff. Additionally, IRS is
directed to report to the Committees within 180 days of
enactment of this Act on current face-to-face taxpayer services
offered in Alaska and Hawaii and on the delivery service
benefits of appointment versus walk-in service, cost options to
improve service, and potential increase in the number of TACs
in these States.
Identity Protection Personal Identification Number (IP PIN)
Expansion.--The agreement recognizes that the IP PIN pilot
program is an important tool for saving taxpayer money and
commends the IRS for continuing to expand the pilot program to
additional States, and encourages further expansion as soon as
possible.
Low Income Tax Clinic.--The IRS is directed to conduct
outreach to determine how to increase Low Income Tax Clinic
grantees in States that don't have a grantee. The report should
assess why there are no successful grantees as well as include
recommendations on how to enable new grant applications in
these States. Within 120 days of enactment of this Act, the IRS
shall report to the Committees on why there are no successful
grantees in certain States and include recommendations on how
to enable new grant applications in these States.
ENFORCEMENT
The bill provides $5,212,622,000 for Enforcement, of which
up to $15,000,000 is for investigative technology for the
Criminal Investigation Division, to support their critical law
enforcement mission.
Enforcement Efforts and Money Laundering Investigations.--
The IRS is urged to increase the number of Special Agents in
the Criminal Investigations unit responsible for investigating
money laundering, violations of the Bank Secrecy Act and
criminal violations of the tax code, in order to provide the
necessary law enforcement personnel to solidify U.S. efforts to
combat money laundering and ensure that offenders are
prosecuted to the fullest extent, in conjunction with the
Financial Crimes Enforcement Network and the Department of
Justice.
Refund Fraud Involving Decedents.--The IRS is directed to
consult with the Social Security Administration on all
potential data limitations in the Death Master File and report
to and brief the Committee on its findings.
Preventing Misclassification of Contractors.--The IRS is
directed to continue to notify the Committees on Appropriations
and House Ways and Means Committee and Senate Finance Committee
prior to making any staffing reductions or reallocations within
the SS-8 processing program.
OPERATIONS SUPPORT
The bill provides $3,928,102,000 for Operations Support,
of which $10,000,000 is for a Federal contractor tax check
system.
Federal Contractor Tax Check System.--The IRS is directed
to provide the Committees a quarterly update on the status of
the tax check application.
BUSINESS SYSTEMS MODERNIZATION
The bill provides $222,724,000 for Business Systems
Modernization (BSM). The total includes funding for Customer
Account Data Engine 2, Enterprise Case Management System, Web
Applications, taxpayer assistance systems, cybersecurity, and
data protection.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 101 provides transfer authority.
Section 102 requires the IRS to maintain an employee
training program on topics such as taxpayers' rights.
Section 103 requires the IRS to safeguard taxpayer
information and to protect taxpayers against identity theft.
Section 104 permits funding for 1-800 help line services
for taxpayers and directs the Commissioner to make improving
phone service a priority and to enhance response times.
Section 105 requires the IRS to issue notices to employers
of any address change request and to give special consideration
to offers in compromise for taxpayers who have been victims of
payroll tax preparer fraud.
Section 106 prohibits the use of funds by the IRS to target
United States citizens for exercising any right guaranteed
under the First Amendment to the Constitution.
Section 107 prohibits the use of funds by the IRS to target
groups for regulatory scrutiny based on their ideological
beliefs.
Section 108 requires the IRS to comply with procedures and
policies on conference spending in accordance with IRS policies
issued as a result of Treasury Inspector General for Tax
Administration recommendations.
Section 109 prohibits funds for giving bonuses to employees
or hiring former employees without considering conduct and
compliance with Federal tax law.
Section 110 prohibits the IRS from using funds made
available by this Act to contravene a provision of the Internal
Revenue Code of 1986 related to the confidentiality and
disclosure of returns and return information.
ADMINISTRATIVE PROVISIONS--DEPARTMENT OF THE TREASURY
(INCLUDING TRANSFERS OF FUNDS)
Section 111 allows Treasury to use funds for certain
specified expenses.
Section 112 allows for the transfer of up to 2 percent of
funds among various Treasury bureaus and offices.
Section 113 allows for the transfer of up to 2 percent from
the IRS accounts to the Treasury Inspector General for Tax
Administration.
Section 114 prohibits funding to redesign the $1 note.
Section 115 allows for the transfer of funds from the
Bureau of the Fiscal Service--Salaries and Expenses to the Debt
Collection Fund conditional on future reimbursement.
Section 116 prohibits funds to build a United States Mint
museum without the approval of the Committees on Appropriations
of the House and Senate and the authorizing committees of
jurisdiction.
Section 117 prohibits funding for consolidating the
functions of the United States Mint and the Bureau of Engraving
and Printing without the approval of the Committees on
Appropriations of the House and Senate and the authorizing
committees of jurisdiction.
Section 118 specifies that funds for Treasury intelligence
activities are deemed to be specifically authorized until
enactment of the fiscal year 2021 Intelligence Authorization
Act.
Section 119 permits the Bureau of Engraving and Printing to
use up to $5,000 from the Industrial Revolving Fund for
reception and representation expenses.
Section 120 requires the Secretary to submit a Capital
Investment Plan.
Section 121 requires a Franchise Fund report.
Section 122 prohibits the Department from finalizing any
regulation related to the standards used to determine the tax-
exempt status of a 501(c)(4) organization.
Section 123 requires the Office of Financial Research and
Office of Financial Stability to submit quarterly reports.
Section 124 provides funding for the digitization of
unclaimed U.S. savings bonds.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
SALARIES AND EXPENSES
The bill provides $55,000,000 for the salaries and expenses
of the White House.
Executive Residence at the White House
OPERATING EXPENSES
The bill provides $13,641,000 for the Executive Residence
at the White House.
White House Repair and Restoration
The bill provides $2,500,000 for repair, alteration and
improvement of the Executive Residence at the White House.
Council of Economic Advisers
SALARIES AND EXPENSES
The bill provides $4,000,000 for salaries and expenses of
the Council of Economic Advisers.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
The bill provides $12,150,000 for salaries and expenses of
the National Security Council and Homeland Security Council, of
which not to exceed $5,000 is available for official reception
and representation expenses.
Office of Administration
SALARIES AND EXPENSES
The bill provides $100,000,000 for salaries and expenses of
the Office of Administration, of which not more than
$12,800,000 is for information technology modernization.
Presidential Transition Administrative Support
(INCLUDING TRANSFER OF FUNDS)
The bill provides $8,000,000 for costs associated with the
change in Presidential administrations. The bill allows for the
funds to be transferred to other accounts within the Executive
Office of the President.
Office of Management and Budget
SALARIES AND EXPENSES
The bill provides $106,600,000 for the salaries and
expenses of the Office of Management and Budget (OMB).
Regulatory Management Modernization.--As OMB undertakes
efforts to modernize its internal regulatory management, the
agreement encourages OMB to increase technological utilization
to improve its efficiency in regulatory review, in management
of rules and guidance, and in meeting other mandated
administrative process requirements.
Intellectual Property Enforcement Coordinator
The bill provides $1,800,000 for the Intellectual Property
Enforcement Coordinator.
Office of National Drug Control Policy
SALARIES AND EXPENSES
The bill provides $18,400,000 for salaries and expenses of
the Office of National Drug Control Policy (ONDCP).
There are concerns that the continued lack of a formal
process through which the Director may designate an emerging
drug threat, in accordance with section 709(c) of the Office of
National Drug Control Policy Reauthorization Act of 1998, may
limit the ability of the Federal Government to take the steps
necessary to address emerging drug trends before they reach
epidemic proportions. ONDCP shall expeditiously finalize and
implement regulations to establish the criteria and process
through which to formally designate an emerging drug threat in
the United States. Given the rapid increase in deaths
associated with methamphetamine use, ONDCP should consider
formally designating methamphetamine as an emerging threat in
accordance with section 709(d) of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1708(d)).
Federal Drug Control Programs
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $290,000,000 for the High Intensity Drug
Trafficking Areas Program (HIDTA).
ONDCP is directed to consult with the HIDTAs in advance of
deciding programmatic spending allocations for discretionary
(supplemental) funding, taking particular note of areas with
the highest rates of overdose deaths.
Opioid Addiction.--As prescription drug monitoring programs
reduce illicit access to prescription drugs, those struggling
with substance abuse disorders who are no longer able to obtain
or afford prescription opioids often turn to heroin and other
opioids. The agreement notes the prevalence of opioid addiction
and the resultant increase in trafficking of and addiction to
heroin and other emergent threats such as fentanyl. ONDCP, in
consultation with the HIDTA Directors, is encouraged to
prioritize discretionary funds to aid States that have
identified heroin and opioid addiction as an emergent threat,
and have developed and implemented community responses to
combat addiction to heroin and other opioids. ONDCP and HIDTAs
enable necessary coordination of law enforcement efforts and
support for State and local law enforcement, and must continue
to play a significant role in the eradication of heroin and
prescription drug diversion.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $128,182,000 for Other Federal Drug
Control Programs. The agreement allocates funds among specific
programs as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Drug-Free Communities Program........................... $102,000,000
(Training)........................................... (2,500,000)
Drug court training and technical assistance............ 3,000,000
Anti-Doping activities.................................. 14,000,000
World Anti-Doping Agency (U.S. membership dues)......... 2,932,000
Model Acts Program..................................... 1,250,000
Community-based coalition enhancement grants (CARA 5,000,000
Grants)................................................
------------------------------------------------------------------------
World Anti-Doping Agency (WADA) Governance.--The increased
prevalence of doping fraud among international sports
federations and governments raises serious concerns about the
WADA's credibility, independence, and accountability to
athletes. The agreement supports ONDCP's efforts to monitor and
advance WADA's reform efforts. The bill includes language to
allow ONDCP to exercise discretion in providing annual
membership dues to encourage necessary reforms within WADA and
to determine whether WADA is making sufficient progress in
increasing its independence and transparency. The amount of the
United States' membership dues payment, or lack thereof, should
be linked to WADA's progress in reducing undue influence by
sports organizations with a direct financial interest in WADA
decisions as well as increasing the number of independent
athlete and independent anti-doping stakeholder representatives
on WADA's committees and decision-making bodies. Increasing
American representation on WADA decision-making bodies could
help achieve these goals.
Unanticipated Needs
The bill provides $1,000,000 for unanticipated needs of the
President.
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
The bill provides $12,500,000 for information technology
oversight and reform activities.
Special Assistance to the President
SALARIES AND EXPENSES
The bill provides $4,698,000 for salaries and expenses to
enable the Vice President to provide special assistance to the
President.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $302,000 for operating expenses for the
official residence of the Vice President.
ADMINISTRATIVE PROVISIONS--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 201 provides transfer authority among various
Executive Office of the President accounts.
Section 202 requires the Director of the OMB, during fiscal
year 2021, to include a statement of budgetary impact with any
Executive order issued or revoked and for Presidential
memoranda estimated to have a regulatory cost in excess of
$100,000,000.
Section 203 requires the Director of the OMB to issue a
memorandum to all Federal departments, agencies, and
corporations directing compliance with title VII of this Act.
TITLE III
THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
The bill provides $94,690,000 for salaries and expenses of
the Supreme Court. In addition, the bill provides mandatory
costs as authorized by current law for the salaries of the
chief justice and associate justices of the court.
CARE OF THE BUILDING AND GROUNDS
The bill provides $10,618,000 for the care of the Supreme
Court building and grounds.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The bill provides $33,500,000 for salaries and expenses of
the United States Court of Appeals for the Federal Circuit. In
addition, the bill provides mandatory costs as authorized by
current law for the salaries of the chief judge and judges of
the court.
United States Court of International Trade
SALARIES AND EXPENSES
The bill provides $20,000,000 for salaries and expenses of
the United States Court of International Trade. In addition,
the bill provides mandatory costs as authorized by current law
for the salaries of the chief judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The bill provides $5,393,701,000 for salaries and expenses
of the Courts of Appeals, District Courts, and Other Judicial
Services. In addition, the bill provides mandatory costs as
authorized by current law for the salaries of circuit and
district judges (including judges of the territorial courts of
the United States), bankruptcy judges, and justices and judges
retired from office or from regular active service. The bill
also provides $9,900,000 from the Vaccine Injury Compensation
Trust Fund.
DEFENDER SERVICES
The bill provides $1,316,240,000 for Defender Services.
FEES OF JURORS AND COMMISSIONERS
The bill provides $32,517,000 for Fees of Jurors and
Commissioners.
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)
The bill provides $664,011,000 for Court Security.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The bill provides $95,675,000 for salaries and expenses of
the Administrative Office of the United States Courts.
Federal Judicial Center
SALARIES AND EXPENSES
The bill provides $29,015,000 for salaries and expenses of
the Federal Judicial Center (FJC).
Judicial Continuing Education.--The FJC is directed to
review how judges currently obtain information in medical and
scientific areas and whether additional training or other
resources for judges in this area may be beneficial, and
provide a report to the Committees within 180 days of enactment
of this Act.
United States Sentencing Commission
SALARIES AND EXPENSES
The bill provides $19,965,000 for salaries and expenses of
the United States Sentencing Commission.
ADMINISTRATIVE PROVISIONS--THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 301 makes funds appropriated for salaries and
expenses available for services authorized by 5 U.S.C. 3109.
Section 302 provides transfer authority among Judiciary
appropriations.
Section 303 permits not more than $11,000 to be used for
official reception and representation expenses of the Judicial
Conference.
Section 304 extends through fiscal year 2021 the delegation
of authority to the Judiciary for contracts for repairs of less
than $100,000.
Section 305 continues a pilot program where the United
States Marshals Service provides perimeter security services at
selected courthouses.
Section 306 extends temporary judgeships in the eastern
district of Missouri, Kansas, Arizona, the central district of
California, the northern district of Alabama, the southern
district of Florida, New Mexico, the western district of North
Carolina, the eastern district of Texas, and Hawaii.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
Death with Dignity.--Congress has expressly forbidden the
use of Federal funding for purposes related to assisted suicide
under the Assisted Suicide Funding Restriction Act of 1997
(Public Law 105-12). There are concerns that the Death with
Dignity Act of 2016 (D.C. Law 21-182) puts our Nation's most
vulnerable people who are elderly, disabled, or fighting mental
illness at risk. As such, the Chief Financial Officer for the
District of Columbia shall submit a report to the Committees to
certify that no Federal funds are used to implement D.C. Law
21-182 in the District of Columbia in contravention of existing
law. The District shall also report to the Committees on
Appropriations on the number of lethal prescriptions prescribed
during the fiscal year, the number of patients that actually
consumed the medication and the cause of death that was listed
on the death certificate.
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
The bill provides $40,000,000 for District of Columbia
resident tuition support.
FEDERAL PAYMENT FOR EMERGENCY PLANNING
AND SECURITY COSTS IN THE DISTRICT OF COLUMBIA
The bill provides an additional $38,400,000 for emergency
planning and security costs in the District of Columbia to
remain available until expended.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
The bill provides $250,088,000 for the District of Columbia
courts, of which $14,682,000 is for the D.C. Court of Appeals,
$125,660,000 is for the Superior Court, $79,247,000 is for the
D.C. Court System, and $30,499,000 is for capital improvements
to courthouse facilities.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
The bill provides $46,005,000 for defender services in the
District of Columbia.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
The bill provides $245,923,000 for court services and
offender supervision in the District of Columbia.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
The bill provides $46,212,000 for public defender services
in the District of Columbia.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
The bill provides $2,150,000 for the Criminal Justice
Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
The bill provides $600,000 for Judicial Commissions. Within
the amount provided, $325,000 is for the Commission on Judicial
Disabilities and Tenure and $275,000 is for the Judicial
Nomination Commission.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
The bill provides $52,500,000 for school improvement in the
District of Columbia to be distributed in accordance with the
provisions of the Scholarships for Opportunity and Results Act
(SOAR Act). The funds are to be allocated evenly between
District of Columbia public schools, charter schools, and
opportunity scholarships as authorized by law. Of the funds
allocated for the SOAR Act, $1,750,000 is for administrative
expenses and $500,000 is for evaluation costs.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
The bill provides $600,000 for the Major General David F.
Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
The bill provides $4,000,000 for the purpose of HIV/AIDS
testing and treatment.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
The bill provides $8,000,000 for the District of Columbia
Water and Sewer Authority.
District of Columbia Funds
The bill provides authority for the District of Columbia to
spend its local funds in accordance with the Fiscal Year 2021
Budget Request Act of 2020.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
The bill provides $3,400,000, to remain available until
September 30, 2022, for the Administrative Conference of the
United States.
Commodity Futures Trading Commission
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $304,000,000 for the Commodity Futures
Trading Commission.
Consumer Product Safety Commission
SALARIES AND EXPENSES
The bill provides $135,000,000 for the Consumer Product
Safety Commission (CPSC). Within the amount provided,
$1,300,000 is available until expended for the pool and spa
safety grants program established by the Virginia Graeme Baker
Pool and Spa Safety Act.
Furniture Flammability Standards.--The agreement continues
the direction provided to CPSC in fiscal year 2020 in Senate
Report 116-111 regarding Furniture Flammability Standards.
Organohalogen Flame Retardants.--The Commission should
consider the National Academies of Sciences, Engineering, and
Medicine's report regarding a scoping plan for addressing
organohalogen flame retardants in response to the granted
petition to adopt mandatory standards under the Federal
Hazardous Substances Act to protect consumers from health
hazards caused by the use of non-polymeric, additive form,
organohalogen flame retardants in children's products,
furniture, mattresses, and the casings surrounding electronics,
including proposals to consider certain subcategories when
determining any safe, allowable uses.
Furniture Tip-Overs.--Furniture tip-overs, particularly
those involving televisions and dressers, remain a serious risk
to children and consumers. The Commission is urged to continue
to engage with industry, consumer groups, and the public to
increase efforts to limit or mitigate the risk associated with
furniture tip-overs.
Data Analytics.--The Commission collects and analyzes a
wide range of data from a variety of sources for factual basis
to identify hazards to consumers. The agreement supports the
Commission's efforts to develop an agency-wide data management
and analytics strategy and hiring or designating a Chief Data
Officer or Chief Technologist within the enacted full-time
equivalent level.
ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY COMMISSION
Section 501 prohibits the use of Federal funds in fiscal
year 2021 for the adoption or implementation of the proposed
rule on ROVs until a study by the National Academy of Sciences
is completed.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $17,000,000 for the salaries and expenses
of the Election Assistance Commission, of which $1,500,000
shall be transferred to the National Institute of Standards and
Technology (NIST) for election reform activities authorized
under the Help America Vote Act of 2002 (HAVA).
Within 30 days of the transfer, the Director of NIST (or
designee) shall provide to the Executive Director of EAC and
the Committees an expenditure plan for the funds that includes:
(1) the number and position title and office of each staff
person doing work and amount of time each staff person spends
on that work; (2) the specific tasks accomplished including
length of time needed to accomplish the task; (3) an
explanation of expenditures, including contracts and grants,
and use of the EAC funding transferred to NIST (including
enumeration of funds); and (4) an explanation of how the work
accomplished relates to mandated activities under HAVA.
Finally, the Executive Director of EAC and the Director of NIST
shall work together to set priorities for the work outlined in
order to meet timelines.
Federal Communications Commission
SALARIES AND EXPENSES
The bill provides $341,000,000 for salaries and expenses of
the Federal Communications Commission (FCC). In addition,
$33,000,000 is provided for implementing the Broadband DATA Act
(Public Law 116-130). The bill provides that $374,000,000 be
derived from offsetting collections, resulting in no net
appropriation.
Broadband Maps.--In addition to adopting the House report
language on Broadband Maps, the agreement provides substantial
dedicated resources for the FCC to implement the Broadband DATA
Act. The FCC is directed to submit a report to the Committees
on Appropriations within 90 days of enactment of this Act
providing a detailed spending plan for these resources. In
addition, the FCC, in coordination with the NTIA, shall outline
the specific roles and responsibilities of each agency as it
relates to the National Broadband Map and implementation of the
Broadband DATA Act. The FCC is directed to report in writing to
the Committees every 30 days on the date, amount, and purpose
of any new obligation made for broadband mapping and any
updates to the broadband mapping spending plan.
Lifeline Service.--In lieu of the House report language on
Lifeline Service, the agreement notes recent action by the FCC
to partially waive its rules updating the Lifeline program's
minimum service standard for mobile broadband usage in light of
the large increase to the standard that would have gone into
effect on Dec. 1, 2020, and the increased reliance byAmericans
on mobile broadband as a result of the pandemic. The FCC is urged to
continue to balance the Lifeline program's goals of accessibility and
affordability.
Low Power FM.--Low Power FM (LPFM) represents an important
medium for members of local communities to access relevant,
locally produced information. In particular, Low Power FM could
be a powerful educational tool for sharing information on
public health with communities at-risk who lack access to other
media, on issues such as addiction treatment and prevention,
infectious disease, or other emerging health threats. The
agreement understands some entities with LPFM licenses are
silent or not operating, but it is not clear how many licensed
LPFM stations are not currently broadcasting an over-the-air
signal. The agreement directs the FCC to report to the
Committee on how it tracks silent LPFM stations or unused
spectrum in the FM band and the steps it is taking to
reallocate such spectrum to interested entities, including
plans for upcoming filing windows for construction permits for
new LPFM stations.
Broadband in Remote and Insular Communities.--The agreement
notes concern that many Americans live in remote and insular
communities such as those in Alaska that do not have access to
broadband services. The result is that these Americans, their
schools, their libraries, and their health care providers have
either no broadband access or access only at rates
substantially higher than available to most Americans. Within
120 days, the FCC is directed to report to the Committees on
its plans to consider support for broadband access to these
geographically disbursed communities.
Small Cell Construction.--The FCC is directed to report to
the Committees on the Commission's rules concerning the
construction and deployment of small cells and the Commission's
application of relevant statutes.
5G Fund and Rural America.--The agreement remains concerned
about the feasible deployment of 5G in rural America. Rural
locations will likely run into geographic barriers and
infrastructure issues preventing the robust deployment of 5G
technology, just as they have faced with 4G. The FCC's proposed
5G Fund fails to provide adequate details or a targeted spend
plan on creating seamless coverage in the most rural parts of
the Nation. Given these concerns, the FCC is directed to report
in writing on: (1) its current and future plans for
prioritizing deployment of 4G coverage in rural areas, (2) its
plans for 5G deployment in rural areas, and (3) its plan for
improving the mapping and long-term tracking of coverage in
rural areas.
Enforcement of Overstated Coverage.--The agreement remains
concerned about the ongoing issues of overstated coverage maps
that suspended the Mobility Fund Phase II. Specifically, the
agreement is concerned about the lack of enforcement action
that came from the investigation into potential violations of
the Mobility Fund Phase II mapping rules by carriers. Given
these concerns, the FCC is directed to submit a report to the
Committees within 90 days of enactment of this Act on: (1) the
criteria used to determine if a carrier was found in violation
of mapping rules and overstating coverage and (2) the criteria
used to determine enforcement action or fines.
Wireless Resiliency During Disasters.--The agreement
remains concerned about the resiliency of wireless phone
service during natural disasters, including wildfires. The FCC
is directed to report within 180 days of enactment of this Act
on the type of safety measures that wireless carriers have for
their customers.
6 Gigahertz.--As the FCC has authorized unlicensed use of
the 6 gigahertz band, the agreement expects the Commission to
ensure its plan does not result in harmful interference to
incumbent users or impact critical infrastructure
communications systems. The agreement is particularly concerned
about the potential effects on the reliability of the electric
transmission and distribution system. The agreement expects the
FCC to ensure any mitigation technologies are rigorously tested
and found to be effective in order to protect the electric
transmission system. The FCC is directed to provide a report to
the Committees within 90 days of enactment of this Act on its
progress in ensuring rigorous testing related to unlicensed use
of the 6 gigahertz band.
Rural Broadband.--The agreement remains concerned that far
too many Americans living in rural and economically
disadvantaged areas lack access to broadband at speeds
necessary to fully participate in the Internet age. The
agreement encourages the agency to prioritize projects in
underserved areas, where the infrastructure to be installed
provides access at download and upload speeds comparable to
those available to Americans in urban areas. The agreement
encourages the FCC to avoid efforts that could duplicate
existing networks and to support deployment of last-mile
broadband infrastructure to underserved areas. Further, the
agreement encourages the agency to prioritize projects financed
through public-private partnerships.
Contraband Cell Phones.--The agreement notes continued
concern regarding the exploitation of contraband cell phones in
prisons and jails nationwide. The agreement urges the FCC to
act on the March 24, 2017 Further Notice of Proposed Rulemaking
regarding combating contraband wireless devices. The FCC should
consider all legally permissible options, including the
creation, or use, of ``quiet or no service zones,''
geolocation-based denial, and beacon technologies to
geographically appropriate correctional facilities. In
addition, the agreement encourages the FCC to adopt a rules-
based approach to cellphone disabling that would require
immediate disabling by a wireless carrier upon proper
identification of a contraband device. The agreement recommends
that the FCC move forward with its suggestion in the Fiscal
Year 2019 report to this Committee, noting that ``additional
field testing of jamming technology will provide a better
understanding of the challenges and costs associated with the
proper deployment of jamming system.'' The agreement urges the
FCC to use available funds to coordinate rigorous Federal
testing of jamming technology and coordinate with all relevant
stakeholders to effectively address this urgent problem.
Next-Generation Broadband Networks for Rural America.--
Deployment of broadband and telecommunications services in
rural areas is imperative to support economic growth and public
safety. However, due to geographical challenges facing mobile
connectivity and fiber providers, connectivity in certain areas
remains challenging. Next generation satellite-based technology
is being developed to deliver direct satellite to cellular
capability. The FCC is encouraged to address potential
regulatory hurdles, to promote private sector development and
implementation of innovative, next generation networks such as
this, and to accelerate broadband and telecommunications access
to all Americans.
911 Fees.--The New and Emerging Technologies 911
Improvement Act of 2008 (NET 911 Act) requires the Commission
to submit an annual report to Congress on the collection and
distribution of 911 and Enhanced 911 (E911) fees and charges by
States. As part of the annual review, the NET 911 Act requires
the Commission to report whether 911 fees and charges collected
by States are being used for any purpose other than to support
911 and E911 services. The agreement encourages the FCC to work
with State partners to better clarify the definition of fee
diversion.
ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION
Section 510 extends an exemption from the Antideficiency
Act for the Universal Service Fund.
Section 511 prohibits the FCC from changing rules governing
the USF regarding single connection or primary line
restrictions.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
The bill provides a transfer of $42,982,000 to fund the
Office of Inspector General (OIG) for the Federal Deposit
Insurance Corporation. The OIG's appropriations are derived
from the Deposit Insurance Fund and the Federal Savings and
Loan Insurance Corporation Resolution Fund.
Federal Election Commission
SALARIES AND EXPENSES
The bill provides $71,497,000 for salaries and expenses of
the Federal Election Commission.
Online Campaign Advertisements.--In lieu of the House
report language, the Commission is directed to brief the House
and Senate Committees on Appropriations on its rulemaking
proposals related to disclaimers on public communications on
the internet within 90 days of enactment of this Act.
Federal Labor Relations Authority
SALARIES AND EXPENSES
The bill provides $26,600,000 for the Federal Labor
Relations Authority.
Federal Permitting Improvement Steering Council
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $10,000,000 for the Federal Permitting
Improvement Steering Council's Environmental Review Improvement
Fund.
Federal Trade Commission
SALARIES AND EXPENSES
The bill provides $351,000,000 for salaries and expenses of
the Federal Trade Commission (FTC). This appropriation is
partially offset by premerger filing and Telemarketing Sales
Rule fees estimated at $150,000,000 and $19,000,000,
respectively.
Consolidation and Competition in Health Care.--The
agreement notes concern that consolidation among providers and
insurers in the healthcare sector is leading to higher prices
for American families and taxpayers. The agreement encourages
the Commission to review, investigate, and challenge, where
appropriate, mergers in the healthcare sector. The agreement
also encourages the Commission to study barriers to entry for
new providers and insurers and to conduct retrospective reviews
of past mergers to determine the impacts those mergers have had
on prices.
Resources for Data Privacy and Security.--The agreement
urges the FTC to conduct a comprehensive internal assessment
measuring the agency's current efforts related to data privacy
and security while separately identifying all resource-based
needs of the FTC to improve in these areas. The agreement also
urges the FTC to provide a report describing the assessment's
findings to the Committees within 180 days of enactment of this
Act.
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
The bill provides resources from the General Services
Administration (GSA) Federal Buildings Fund totaling
$9,065,489,000.
Old Post Office Lease Agreement.--In lieu of the House
report directive captioned Old Post Office Lease Agreement, the
agreement notes the findings of GSA's Office of Inspector
General report JE19-002 and its recommendations.
Lake Charles Courthouse.--Hurricane Laura inflicted
extensive damage on the Edwin F. Hunter, Jr. U.S. Courthouse in
Lake Charles, Louisiana. No later than 150 days after enactment
of this Act, GSA, in consultation with the Federal Judiciary,
is directed to submit to the Committees an updated housing plan
and cost estimate for a new Federal Courthouse in Lake Charles,
Louisiana, that fully meets the operational needs of the
Federal courts and is approved by the U.S. District Court for
the Western District of Louisiana.
Federal Bureau of Investigation Headquarters
Consolidation.--No later than 90 days after enactment of this
Act, GSA shall transmit to the House and Senate Committees on
Appropriations, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Environment and Public Works of the Senate, a
report on the construction of a new headquarters for the
Federal Bureau of Investigation in the National Capital Region.
The report transmitted shall be consistent with the
requirements of section3307(b) of title 40, United States Code
and include a summary of the material provisions of the construction
and full consolidation of the Federal Bureau of Investigation in a new
headquarters facility, including all the costs associated with site
acquisition, design, management, and inspection, and a description of
all buildings and infrastructure needed to complete the project.
Premium Class Travel.--Concerns remain about excessive
spending on premium-class airline tickets for government
employees. GSA is directed to provide to the Committees the
department and agency travel data compiled pursuant to 41
C.F.R. Part 300-70, Subpart B.
The National Archives at Seattle.--There are significant
concerns surrounding potential closure of the National Archives
and Records Administration's Sand Point facility. The archival
records and Federal records stored at the facility hold
significant value to individuals and organizations, including
State agencies, higher education institutions, researchers,
scientists, Tribal members, and students. There is language
directed to the National Archives and Records Administration
addressing this issue. In addition, GSA is directed to brief
the Committees within 90 days of enactment of this Act on its
leaseback authority in relation to Public Building Reform Board
recommendations and the agency requirements at the Sand Point
facility.
Payroll Services.--In addition to adopting the House report
language on shared services, the agreement continues all
directives adopted by the joint explanatory statement
accompanying division C of the Consolidated Appropriations Act,
2020 (Public Law 116-93) relating to shared services.
Farm Service Agency State Office Relocation.--The U.S.
Department of Agriculture's Farm Service Agency (FSA) provides
services and delivers results to America's farmers and
ranchers. There are FSA headquarters offices located in each
State as well as in counties across the U.S. However, there are
concerns with recent actions taken by FSA and GSA to
potentially move State offices from current locations, which
provide convenient access for employees and customers, to
facilities miles away with parking limitations and higher rent.
There are particular concerns given the impact to farmers,
ranchers, and FSA outreach. GSA is encouraged to reach an
agreement with all parties so FSA can remain in existing
locations when local farm communities are strongly opposed to
such a move.
Dirksen Courthouse.--The Dirksen Courthouse in Chicago is
adjacent to vacant federally-owned buildings that are in
critical disrepair. Any potential disposal or development of
these properties should not result in increased security risks
for the Court and other Federal agencies in the courthouse. GSA
is commended for recent efforts to involve stakeholders in
discussion to address the State Street properties in Chicago
and encourages GSA to further engage relevant Federal
stakeholders and the City of Chicago to determine appropriate
solutions for the State Street properties. GSA is expected to
provide advance notice to and consult with the Committees
before taking any actions with respect to the potential
disposal or development of these properties.
Building Occupancy and Data Technology.--The Public
Buildings Service's efforts to develop new tools, reports, and
system enhancements to identify assets that can be more
effectively utilized are applauded. In particular, the use of
commercially available technology that provides accurate,
building occupancy data in real time analytics while not
violating security and privacy could deliver insights into the
agency's work on footprint optimization and space utilization
while identifying significant cost savings. GSA is encouraged
to evaluate the deployment of this technology across the leased
and owned Federal real estate portfolio.
White Oak Expansion.--There is awareness that the Food and
Drug Administration's (FDA's) growing staff will require
leasing additional office locations until the 2018 Federal
Research Center Master Plan for the White Oak Campus expansion
can be fully implemented. To determine the lowest cost
technically acceptable for a prospectus lease, GSA should
consider the effect of local travel on FDA staff productivity,
adjacency to existing FDA leases, and the cost of lost
productivity when evaluating the costs of lease proposals.
Department of Veterans Affairs Leases.--GSA is directed to
report, within 90 days of enactment of this Act, on their
efforts to execute lease procurement projects authorized by the
VA Choice and Quality Employment Act of 2017.
Construction and Acquisition.--The bill provides
$230,000,000 for construction and acquisition.
CONSTRUCTION AND ACQUISITION
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
CT................................ Hartford, United $135,500,000
States Courthouse.
TN................................ Chattanooga, United $94,500,000
States Courthouse.
------------------------------------------------------------------------
Repairs and Alterations.--The bill provides $576,581,000
for repairs and alterations. Funds are provided in the amounts
indicated:
------------------------------------------------------------------------
------------------------------------------------------------------------
Major Repairs and Alterations.................. $203,908,000
Basic Repairs and Alterations.................. $372,673,000
------------------------------------------------------------------------
Five-Year Capital Plan.--GSA is directed to include a five-
year capital plan by project as part of its annual budget
justification in fiscal year 2022. As in such plans included in
previous GSA budget justifications, the plan should include the
fiscal year, project name, city, state, project type, project
description, prior funding to date, additional funding
required, and estimated project total.
Special Emphasis Projects.--$203,908,000 is provided for
Major Repairs and Alterations, and $372,673,000 is provided for
Basic Repairs and Alterations. While no funding is provided
specifically for Special Emphasis Programs, the agreement notes
that Special Emphasis projects are eligible for funding from
within Major Repairs if the project cost is above prospectus
level and from within Basic Repairs if the project cost is
below prospectus level. GSA is encouraged to submit detailed
Fire Protection and Life Safety Program projects if necessary
and request a transfer for critical projects if appropriate.
Energy Savings Performance Contracts.--Greater use of
Energy Savings Performance Contracts (ESPCs) is encouraged in
GSA's portfolio to help reduce the building repair backlog,
including upgrades that can help improve resiliency and
cybersecurity. GSA is encouraged to use at least $15,000,000
within available funds for this purpose. GSA should consider
the use of ESPCs when formulating future budget requests for
repair projects and GSA project managers are encouraged to
share project information with each other which can help
identify opportunities to promote the use of ESPCs through
collaboration. There are also concerns with the findings in the
GSA Inspector General (GSA IG) report released on March 17,
2020, entitled ``PBS's $1.7 Billion Energy Savings Performance
Contracts Are Not Achieving Energy and Cost Savings Due to
Inadequate Oversight'' and it is recommended that GSA implement
the GSA IG's recommendations in the report.
Rental of Space.--The bill provides $5,725,464,000 for
rental of space.
Building Operations.--The bill provides $2,533,444,000 for
building operations.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
The bill provides $64,000,000 for GSA government-wide
policy activities.
DotGov Program.--The ``.gov'' domain, managed by GSA, was
established to make it easy to identify U.S. Government
websites on the Internet. Use of this domain signifies trust
and credibility, and there are security benefits associated
with a ``.gov'' domain, such as two-factor authentication. The
agreement supports GSA's efforts to help ensure that citizens
are interacting with official government websites. GSA is
directed to report to the Committees no later than 120 days
after enactment of this Act on additional steps that could be
taken to increase adoption of ``.gov'' domains for State and
local governments.
Automobile Recalls.--The agreement urges the Administrator
of General Services not to sell any motor vehicle or item of
replacement equipment for a motor vehicle if the auto
manufacturer has provided GSA a notification that the vehicle
contains a defect related to motor vehicle safety or does not
comply with an applicable motor vehicle safety standard where a
remedy is available.
Brooks Act.--GSA is directed to not award or facilitate the
award of any contract for the provision of architectural,
engineering, and related services in a manner inconsistent with
the procedures in the Brooks Act (40 U.S.C. 1101 et seq.) and
part 36.6 of the Federal Acquisition Regulation.
OPERATING EXPENSES
The bill provides $49,440,000 for operating expenses.
CIVILIAN BOARD OF CONTRACT APPEALS
The bill provides $9,301,000 for the Civilian Board of
Contract Appeals.
OFFICE OF INSPECTOR GENERAL
The bill provides $67,000,000 for the Office of Inspector
General.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
The bill provides $4,400,000 for allowances and office
staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $55,000,000 for deposit into the Federal
Citizen Services Fund (the Fund) and authorizes use of
appropriations, revenues and collections in the Fund in an
aggregate amount not to exceed $100,000,000.
Foundations for Evidence-Based Policymaking Act.--The
agreement includes up to $5,000,000 for implementation of the
Foundations for Evidence-Based Policymaking Act (Public Law
115-435).
EXPENSES, PRESIDENTIAL TRANSITION
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $9,900,000 for activities authorized by
the Presidential Transition Act of 1963, as amended.
TECHNOLOGY MODERNIZATION FUND
The bill provides $25,000,000 for the Technology
Modernization Fund.
ASSET PROCEEDS AND SPACE MANAGEMENT FUND
The bill provides $16,000,000 for the Asset Proceeds and
Space Management Fund.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 520 specifies that funds are available for hire of
motor vehicles.
Section 521 authorizes transfers within the Federal
Buildings Fund, with advance approval of the Committees on
Appropriations of the House and Senate.
Section 522 requires transmittal of a fiscal year 2022
request for courthouse construction that meets design guide
standards, reflects the priorities in the Judicial Conference's
5-year construction plan, and includes a standardized courtroom
utilization study.
Section 523 specifies that funds in this Act may not be
used to increase the amount of occupiable space or provide
services such as cleaning or security for any agency that does
not pay the rental charges assessed by GSA.
Section 524 permits GSA to pay certain construction-related
claims against the Federal Government from savings achieved in
other projects.
Section 525 requires that the delineated area of
procurement for leased space match the approved prospectus,
unless the Administrator provides an explanatory statement to
the appropriate congressional committees.
Section 526 requires a spending plan for certain accounts
and programs.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
The bill provides $2,000,000 for payment to the Harry S
Truman Scholarship Foundation Trust Fund.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $46,835,000, to remain available until
September 30, 2022, for the salaries and expenses of the Merit
Systems Protection Board. Within the amount provided,
$44,490,000 is a direct appropriation and $2,345,000 is a
transfer from the Civil Service Retirement and Disability Fund
to adjudicate retirement appeals.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,800,000 for payment to the Morris K.
Udall and Stewart L. Udall Trust Fund.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The bill provides $3,200,000 for payment to the
Environmental Dispute Resolution Fund.
National Archives and Records Administration
OPERATING EXPENSES
The bill provides $377,000,000 for the operating expenses
of the National Archives and Records Administration (NARA). Of
this amount, $9,230,000 shall remain available until expended
for improvements necessary to enhance the Federal Government's
ability to electronically preserve, manage, and store
Government records, and up to $2,000,000 shall remain available
until expended to implement the Civil Rights Cold Case Records
Collection Act of 2018 (Public Law 115-426). The bill provides
$18,000,000 to carry out NARA's transition responsibilities
under the Presidential Records Act of 1978.
Digitization of Records.--It is profoundly disappointing
that NARA has failed to keep its commitment to digitize and
post online using an easy-to-find, navigable, and searchable
platform the Territorial and Federal records generated in
Alaska since they were moved from Anchorage to Seattle more
than 5 years ago. As a result, NARA's failures have seriously
jeopardized the agreement's faith in other commitments that
NARA has made. NARA is directed to continue consulting with
Alaska Native Tribes and Tribal organizations, Alaskan
historical societies, the State of Alaska, university libraries
and archives, and other stakeholders to update its
understanding of which records have been identified as
priorities for access and the most effective methods of
maintaining meaningful access to those records. Further, NARA
is directed to submit a report to the Committees, within 120
days of enactment of this Act, detailing its full and robust
consultations and its plan to digitize, index, and post online
the records identified as priorities by Alaskans. Further, NARA
is directed to report to the Committees any challenges that
inhibit NARA's ability to digitize and post online those
records that have been identified as priorities by Alaskan
stakeholders that have personally identifiable information such
as Social Security numbers and require redaction. Lastly, NARA
is directed to promptly notify the Committees of unforeseen
obstacles or resource constraints that adversely impacts this
initiative.
Sand Point.--There are significant concerns surrounding the
potential closure of NARA's Sand Point, Washington, facility.
The archival records and Federal records stored at the facility
hold significant value to individuals and organizations,
including State agencies, higher education institutions,
researchers, scientists, Tribal members, and students. NARA is
directed to consult with the General Services Administration
(GSA), the Public Buildings Reform Board (PBRB), and the State
of Washington in the ongoing discussions regarding the
digitization of archival and Federal records currently stored
at NARA's facility in Sand Point or their relocation to an
existing or planned facility owned by the State of Washington.
NARA, in consultation with GSA and PBRB, shall submit to the
Committees within 180 days of enactment of this Act a report on
the feasibility of digitization and/or co-location of NARA
materials in an existing or planned facility, the amount of
funding that would be necessary, and any potential barriers to
co-location. The report should also include a comparison of the
digitization and co-location alternatives and identify a
preferred alternative.
OFFICE OF INSPECTOR GENERAL
The bill provides $4,823,000 for the Office of Inspector
General.
REPAIRS AND RESTORATION
The bill provides $9,500,000 for repairs and restoration.
Harry S Truman Presidential Library.--The agreement is
pleased with the Truman Library Institute's plans for expanding
community and educational outreach at the Harry S Truman
Presidential Library that will significantly benefit the local
community, residents of the State of Missouri, and visitors
from all over the country. The agreement will continue to
monitor project developments to ensure infrastructure repairs
needs identified throughout the course of the project are
addressed.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
The bill provides $6,500,000 for the National Historical
Publications and Records Commission (NHPRC) grants program.
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
The bill provides $1,500,000 for the Community Development
Revolving Loan Fund.
Office of Government Ethics
SALARIES AND EXPENSES
The bill provides $18,600,000 for salaries and expenses of
the Office of Government Ethics.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $329,755,000 for salaries and expenses of
the Office of Personnel Management (OPM). Within the amount
provided, $160,130,000 is a direct appropriation and
$169,625,000 is a transfer from OPM trust funds. The bill
provides at least $9,000,000 to remain available until expended
for OPM to improve information technology infrastructure
modernization and the Trust Fund Federal Financial System
migration or modernization.
Additional funding is provided above the request to address
OPM's common services gap and IT modernization needs.
IT Modernization.--OPM is directed to continue to provide
quarterly briefings to the Committees on its IT transformation
and cybersecurity strategy.
Treatment of Multi-County Micropolitan Statistical Areas.--
OPM is directed to provide a detailed report within 60 days of
enactment of this Act on why multi-county micropolitan
statistical areas aren't treated as multi-county metropolitan
statistical areas for the purpose of calculating eligibility
for locality pay, including the criteria OPM would view as
necessary for such equal treatment to occur. Further, OPM shall
brief the Committees on this matter no later than 90 days after
enactment of this Act.
Responsiveness to Congress.--OPM is expected to fully
comply with information requests from the Committees. In
instances when information or reports are deemed agency-
sensitive, OPM is expected to be transparent and work
collectively with the Committees to ensure that Congress has
access to information critical to its functions.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $32,265,000 for salaries and expenses of
the Office of Inspector General. Within the amount provided,
$5,000,000 is a direct appropriation and $27,265,000 is a
transfer from OPM trust funds.
Office of Special Counsel
SALARIES AND EXPENSES
The bill includes $29,500,000 for salaries and expenses of
the Office of Special Counsel.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $17,000,000 for the salaries and expenses
of the Postal Regulatory Commission.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
The bill provides $8,500,000 for salaries and expenses of
the Privacy and Civil Liberties Oversight Board.
Public Buildings Reform Board
SALARIES AND EXPENSES
The bill provides $3,500,000 for salaries and expenses of
the Public Buildings Reform Board.
Securities and Exchange Commission
SALARIES AND EXPENSES
The bill provides $1,894,835,000 for the Securities and
Exchange Commission (SEC). Of that amount, the bill allocates
no less than $16,313,000 for the Office of Inspector General.
In addition, another $18,650,000 and $12,677,000 is provided
for move, replication, and related costs associated with
replacement leases for the Commission's District of Columbia
headquarters and the Commission's San Francisco Regional Office
facilities, respectively. All funds are derived from offsetting
collections, resulting in no net appropriation.
Climate Change Risks to Municipal Bond Markets.--The
agreement does not adopt the House report directive on state
and local municipal bond markets.
Reserve Fund Notifications.--The SEC's adherence to its
obligation to notify Congress of the date, amount, and purpose
of any obligation from the Reserve Fund within 10 days of such
obligation is appreciated. The SEC is directed, in its written
notifications to Congress required by 15 U.S.C. 78d(i)(3), to
specify: (1) the balance in the fund remaining available after
the obligation is deducted; (2) the estimated total cost of the
project for which amounts are being deducted; (3) the total
amount for all projects that have withdrawn funding from the
fund since fiscal year 2012; and (4) the estimated amount, per
project, that will be required to complete all ongoing projects
which use funding derived from the fund. The SEC is also
directed to submit, within 30 days of enactment of this Act, a
detailed spending plan for the allocation of expenditures from
the fund.
Municipal Securities Rulemaking Board.--The agreement notes
deep concerns by apparent profligacy at the Municipal
Securities Rulemaking Board (MSRB), a ``self-regulatory
organization'' established by Congress and overseen by the SEC.
The agreement expects the SEC to exercise rigorous oversight of
the MSRB to curtail its penchant for prodigal behavior.
Selective Service System
SALARIES AND EXPENSES
The bill provides $26,000,000 for the salaries and expenses
of the Selective Service System.
Small Business Administration
SALARIES AND EXPENSES
The bill provides $270,157,000 for salaries and expenses of
the Small Business Administration (SBA). The agreement includes
at least $12,000,000 for the SBA's Office of Credit Risk
Management (OCRM) for lender oversight and risk-based reviews.
Funding for the Office of General Counsel is provided
separately from this total. OCRM must play a key role in
eliminating waste, fraud, and abuse in the SBA lending programs
and protecting taxpayer losses on loans by ensuring lenders
comply with procedures that mitigate the risk of loss under the
SBA's loan programs.
504 Loan Program Data.--SBA is directed to publish 504
program data at the end of fiscal year 2021, including but not
limited to loan default rates by sector and number of jobs
created or retained under the project.
Fiscal Year 2022 Budget.--SBA is directed to provide to the
Committees no later than 30 days after the release of the
President's budget a summary of the model subsidy assumptions
or inputs that most significantly impact the model outputs.
Small Business Investment Company (SBIC) Licensing.--SBA is
directed to provide quarterly updates to the House and Senate
Appropriations Committee, the Senate Committee on Small
Business and Entrepreneurship, and the House Committee on Small
Business on SBIC approval rates.
SBIC Collaboration.--SBA is directed to continue its
collaborative effort with the SEC to ensure effective oversight
of SBICs and the protection of SBIC investors.
Size Standards.--There are concerns about restrictive size
standards for wildland firefighting and fuels management
contracts. SBA is encouraged to work with the Department of the
Interior and the Forest Service to address size standards for
North American Industry Classification System Code 115310 to
ensure that the standard reflects the increase in costs
associated with forest firefighting.
Outreach to Native Americans.--There are concerns that SBA
is not developing and using training modules that are
accessible to Native American owned entities. SBA is encouraged
to conduct Tribal consultations on all issues that affect
Native American owned entities, not issues that solely affect
Native American owned entities, and to provide training to its
staff on conducting Tribal consultation, delivered by the
Office of the National Ombudsman with the Office of Native
American Affairs and the Associate General Counsel for
Procurement Law.
Poultry Farmers.--There are concerns that the regulation
entitled ``Express Loan Programs; Affiliation Standards'' will
make it more difficult for poultry growers to access SBA loans
and will serve to further drive rural Americans out of SBA's
loan programs. SBA is urged to reconsider this rule to ensure
that the operations of family farms across the country are not
adversely impacted.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
The bill provides $272,000,000 for SBA Entrepreneurial
Development Programs.
------------------------------------------------------------------------
Program ($000)
------------------------------------------------------------------------
7(j) Technical Assistance Program (Contracting Assistance). 2,800
Entrepreneurship Education................................. 2,500
Federal and State Technology (FAST) Partnership Program.... 4,000
Growth Accelerators........................................ 2,000
HUBZone Program............................................ 3,000
Microloan Technical Assistance............................. 35,000
National Women's Business Council.......................... 1,500
Native American Outreach................................... 2,000
PRIME Technical Assistance................................. 5,500
Regional Innovation Clusters............................... 6,000
SCORE...................................................... 12,200
Small Business Development Centers (SBDC).................. 136,000
State Trade Expansion Program (STEP)....................... 19,500
Veterans Outreach.......................................... 14,000
Women's Business Centers (WBC)............................. 23,000
Cybersecurity for Small Business Pilot Program............. 3,000
------------
Total, Entrepreneurial Development Programs.............. 272,000
------------------------------------------------------------------------
SBA is directed to modify its existing budgeting process to
allow its resource partners, including SBDCs, WBCs, and SCORE,
to submit budget proposals that are in line with the enacted
level for discretionary appropriations for the respective
programs in the previous fiscal year rather than solely
considering the proposed budget request level, which in recent
years has not been reflected of the level ultimately enacted by
Congress.
Grants Management System.--SBA is directed to provide a
report within 30 days of enactment of this Act on the
implementation of a new grants management system and the
timeline for completion.
Federal and State Technology Partnership (FAST) Program.--
The agreement notes the FAST program's efforts to reach
innovative, technology-driven small businesses and to leverage
the Small Business Innovation Research (SBIR) and Small
Business Technology Transfer (STTR) program to stimulate
economic development. The FAST program is particularly
important in States that are seeking to build high technology
industries but are underrepresented in the SBIR/STTR programs.
Small Business and Technology Development Centers (SBTDCs)
serve small businesses in these fields and are accredited to
provide intellectual property and technology commercialization
assistance to businesses in high technology industries. Of
theamount provided for FAST, $1,000,000 shall be for FAST awards to
SBTDCs fully accredited for technology designation as of December 31,
2020.
Growth Accelerators.--Within amounts provided for growth
accelerators, SBA shall prioritize funding to applications from
rural areas that have not previously received an award.
Small Business Development Centers.--The Administrator of
the SBA shall, to the extent practicable and subject to the
availability of funds, ensure that a small business development
center is appropriately reimbursed within the same fiscal year
in which the expenses are submitted for reimbursement for any
and all legitimate expenses incurred in carrying out activities
under section 21(a)(1) et seq. of the Small Business Act (15
U.S.C. 648(a)(1) et seq.).
Veterans Entrepreneur Pilot Program.--SBA is directed to
expeditiously submit to the Committees a report on a Veterans
Entrepreneur Pilot Program as required by the Consolidated
Appropriations Act, 2020 (Public Law 116-93), which is now six
months overdue.
Cybersecurity for Small Businesses Pilot Program.--The
agreement includes $3,000,000 for a Cybersecurity Assistance
Pilot Program that will competitively award up to three grants
to States to provide new small businesses with access to
cybersecurity tools during their formative and most vulnerable
years.
OFFICE OF INSPECTOR GENERAL
The bill provides $22,011,000 for the Office of Inspector
General.
OFFICE OF ADVOCACY
The bill provides $9,190,000 for the Office of Advocacy.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $180,300,000 for the Business Loans
Program Account.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $168,075,000 for the administrative costs
of the Disaster Loans Program, of which $142,864,000 is
designated as being for disaster relief for major disasters
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
2017 Hurricane Recommendations.--SBA is encouraged to take
action to implement the five recommendations for Executive
Action made by GAO in its report entitled, ``Disaster Loan
Processing Was Timelier, but Planning Improvements and Pilot
Program Evaluation Needed.''
Disaster Loan Assistance Portal.--SBA is encouraged to
prioritize funding to migrate the Disaster Loan Assistance
Portal to the cloud to improve the user experience by making it
more accessible and intuitive. In updating the portal, SBA
should enhance its systems to accommodate larger megapixel
documents. In addition, SBA is urged to develop a Disaster Loan
Mobile Application, in consultation with appropriate
individuals and entities from the public and private sectors.
Business Recovery Centers.--SBA is encouraged to continue
its close collaboration with the Federal Emergency Management
Agency (FEMA) during disaster recovery and consider additional
co-location of Business Recovery Centers and Disaster Recovery
Centers where economically practicable. SBA is directed to
submit a report to the Committees within 120 days of enactment
of this Act on the feasibility of additional co-location so
that SBA and FEMA are not searching for, opening and operating
separate facilities in the aftermath of disasters.
Virtual Recovery Centers.--In many parts of the country,
broadband Internet access can be difficult to find following a
disaster, and Americans cannot always afford to wait to begin
the recovery process until power and Internet is restored. As a
result, SBA's decision to host virtual recovery centers in lieu
of traditional boots-on-the-ground recovery centers in the
aftermath of Hurricane Laura and other natural disasters that
have occurred in 2020 could unnecessarily prolong the recovery
process for many individuals and small businesses. SBA is urged
to reconsider this decision.
SBA Disaster Loan Duplication of Assistance.--There is
concern that some disaster victims are penalized with disaster
benefit reductions if they apply for SBA disaster loans, but
wind up not taking the loan when other Federal assistance is
awarded. SBA is urged to issue guidance relating to the
consideration of whether an applicant for assistance from the
grantee applied and was approved for, but declined assistance
to the major disaster from the Administration under section
7(b) of the Small Business Act.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 540 provides transfer authority and availability of
funds.
Section 541 authorizes the transfer of funding available
under the SBA ``Salaries and Expenses'' and ``Business Loans
Program Account'' appropriations into the SBA Information
Technology System Modernization and Working Capital Fund.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The bill provides $55,333,000 for a payment to the Postal
Service Fund.
Postal Banking Pilot Programs.--The agreement does not
adopt the House report directive on postal banking pilot
programs.
Negotiated Service Agreements.--The USPS is encouraged to
use the authority provided under 39 U.S.C. 3622(c)(10)(A)(i) to
improve its financial position.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $250,000,000 for the Office of Inspector
General.
United States Tax Court
SALARIES AND EXPENSES
The bill provides $56,100,000 for salaries and expenses of
the United States Tax Court, of which not to exceed $3,000 is
available for official reception and representation expenses.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(INCLUDING RESCISSION OF FUNDS)
Section 601 prohibits pay and other expenses of non-Federal
parties intervening in regulatory or adjudicatory proceedings
funded in this Act.
Section 602 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly
provided.
Section 603 limits expenditures for any consulting service
through procurement contracts to those contracts where such
expenditures are a matter of public record and available for
public inspection.
Section 604 prohibits funds in this Act from being
transferred without express authority.
Section 605 prohibits the use of funds to engage in
activities that would prohibit the enforcement of section 307
of the Tariff Act of 1930 (46 Stat. 590).
Section 606 prohibits the use of funds unless the recipient
agrees to comply with the Buy American Act.
Section 607 prohibits funding for any person or entity
convicted of violating the Buy American Act.
Section 608 authorizes the reprogramming of funds and
specifies the reprogramming procedures for agencies funded by
this Act.
Section 609 ensures that 50 percent of unobligated balances
may remain available for certain purposes.
Section 610 restricts the use of funds for the Executive
Office of the President to request official background reports
from the Federal Bureau of Investigation without the written
consent of the individual who is the subject of the report.
Section 611 ensures that the cost accounting standards
shall not apply with respect to a contract under the Federal
Employees Health Benefits Program.
Section 612 allows the use of certain funds relating to
nonforeign area cost-of-living allowances.
Section 613 prohibits the expenditure of funds for
abortions under the Federal Employees Health Benefits Program.
Section 614 provides an exemption from section 613 if the
life of the mother is in danger or the pregnancy is a result of
an act of rape or incest.
Section 615 waives restrictions on the purchase of
nondomestic articles, materials, and supplies in the case of
acquisition by the Federal Government of information
technology.
Section 616 prohibits the acceptance by agencies or
commissions funded by this Act, or by their officers or
employees, of payment or reimbursement for travel, subsistence,
or related expenses from any person or entity (or their
representative) that engages in activities regulated by such
agencies or commissions.
Section 617 requires agencies covered by this Act with
independent leasing authority to consult with the General
Services Administration before seeking new office space or
making alterations to existing office space.
Section 618 provides for several appropriated mandatory
accounts, where authorizing language requires the payment of
funds for Compensation of the President, the Judicial
Retirement Funds (Judicial Officers' Retirement Fund, Judicial
Survivors' Annuities Fund, and the United States Court of
Federal Claims Judges' Retirement Fund), the Government Payment
for Annuitants for Employee Health Benefits and Employee Life
Insurance, and the Payment to the Civil Service Retirement and
Disability Fund. In addition, language is included for certain
retirement, healthcare, and survivor benefits required by 3
U.S.C. 102 note.
Section 619 prohibits funds for the Federal Trade
Commission to complete the draft report on food marketed to
children unless certain requirements are met.
Section 620 provides authority for Chief Information
Officers over information technology spending.
Section 621 prohibits funds from being used in
contravention of the Federal Records Act.
Section 622 relates to electronic communications.
Section 623 relates to Universal Service Fund payments for
wireless providers.
Section 624 prohibits funds to be used to deny Inspectors
General access to records.
Section 625 relates to pornography and computer networks.
Section 626 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance.
Section 627 relates to conference expenditures.
Section 628 prohibits funds made available under this Act
from being used to fund first-class or business-class travel in
contravention of Federal regulations.
Section 629 provides $850,000 for the Inspectors General
Council Fund for expenses related to www.oversight.gov.
Section 630 relates to contracts for public relations
services.
Section 631 prohibits funds for the SEC to finalize, issue,
or implement any rule, regulation, or order requiring the
disclosure of political contributions, contributions to tax-
exempt organizations, or dues paid to trade associations in SEC
filings.
Section 632 is a new provision relating to advertising and
educational programming.
Section 633 is a new provision relating to statements
regarding projects or programs funded by this agreement.
Section 634 rescinds $75,000,000 in unobligated balances
from the Department of the Treasury, Treasury Forfeiture Fund.
Section 635 is a new provision requiring agencies funded in
this Act to submit to the Committees quarterly budget reports
on obligations.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFER OF FUNDS)
Section 701 requires agencies to administer a policy
designed to ensure that all its workplaces are free from the
illegal use of controlled substances.
Section 702 sets specific limits on the cost of passenger
vehicles purchased by the Federal Government with exceptions
for police, heavy duty, electric hybrid, and clean fuels
vehicles and with an exception for commercial vehicles that
operate on emerging motor vehicle technology.
Section 703 allows funds made available to agencies for
travel to also be used for quarters allowances and cost-of-
living allowances.
Section 704 prohibits the Government, with certain
specified exceptions, from employing non-U.S. citizens whose
posts of duty would be in the continental United States.
Section 705 ensures that agencies will have authority to
pay the General Services Administration for space renovation
and other services.
Section 706 allows agencies to use receipts from the sale
of materials for acquisition, waste reduction and prevention,
environmental management programs, and other Federal employee
programs.
Section 707 provides that funds for administrative expenses
may be used to pay rent and other service costs in the District
of Columbia.
Section 708 precludes interagency financing of groups
absent prior statutory approval.
Section 709 prohibits the use of appropriated funds for
enforcing regulations disapproved in accordance with the
applicable law of the United States.
Section 710 limits the amount that can be used for
redecoration of offices under certain circumstances.
Section 711 permits interagency funding of national
security and emergency preparedness telecommunications
initiatives, which benefit multiple Federal departments,
agencies, and entities.
Section 712 requires agencies to certify that a schedule C
appointment was not created solely or primarily to detail the
employee to the White House.
Section 713 prohibits the use of funds to prevent Federal
employees from communicating with Congress or to take
disciplinary or personnel actions against employees for such
communication.
Section 714 prohibits Federal training not directly related
to the performance of official duties.
Section 715 prohibits the use of appropriated funds for
publicity or propaganda designed to support or defeat
legislation pending before Congress.
Section 716 prohibits the use of appropriated funds by an
agency to provide home addresses of Federal employees to labor
organizations, absent employee authorization or court order.
Section 717 prohibits the use of appropriated funds to
provide nonpublic information such as mailing or telephone
lists to any person or organization outside of the Government
without approval of the Committees on Appropriations of the
House and Senate.
Section 718 prohibits the use of appropriated funds for
publicity or propaganda purposes within the United States not
authorized by Congress.
Section 719 directs agencies' employees to use official
time in an honest effort to perform official duties.
Section 720 authorizes the use of current fiscal year funds
to finance an appropriate share of the Federal Accounting
Standards Advisory Board administrative costs.
Section 721 authorizes the transfer of funds to the General
Services Administration to finance an appropriate share of
various Government-wide boards and councils under certain
conditions.
Section 722 authorizes breastfeeding at any location in a
Federal building or on Federal property.
Section 723 permits interagency funding of the National
Science and Technology Council and requires an Office of
Management and Budget report on the budget and resources of the
Council.
Section 724 requires identification of the Federal agencies
providing Federal funds and the amount provided for all
proposals, solicitations, grant applications, forms,
notifications, press releases, or other publications related to
the distribution of funding to a State.
Section 725 prohibits the use of funds to monitor personal
information relating to the use of Federal Internet sites.
Section 726 regards contraceptive coverage under the
Federal Employees Health Benefits Plan.
Section 727 recognizes that the United States is committed
to ensuring the health of the Olympic, Pan American, and
Paralympic athletes, and supports the strict adherence to anti-
doping in sport activities.
Section 728 allows departments and agencies to use official
travel funds to participate in the fractional aircraft
ownership pilot programs.
Section 729 prohibits funds for implementation of OPM
regulations limiting detailees to the legislative branch and
placing certain limitations on the Coast Guard Congressional
Fellowship program.
Section 730 restricts the use of funds for Federal law
enforcement training facilities with an exception for the
Federal Law Enforcement Training Center.
Section 731 prohibits executive branch agencies from
creating or funding prepackaged news stories that are broadcast
or distributed in the United States unless specific
notification conditions are met.
Section 732 prohibits funds used in contravention of the
Privacy Act, section 552a of title 5, United States Code or
section 522.224 of title 48 of the Code of Federal Regulations.
Section 733 prohibits funds in this or any other Act from
being used for Federal contracts with inverted domestic
corporations or other corporations using similar inverted
structures, unless the contract preceded this Act or the
Secretary grants a waiver in the interest of national security.
Section 734 requires agencies to remit to the Civil Service
Retirement and Disability Fund an amount equal to the Office of
Personnel Management's (OPM) average unit cost of processing a
retirement claim for the preceding fiscal year to be available
to the OPM for the cost of processing retirements of employees
who separate under Voluntary Early Retirement Authority or who
receive Voluntary Separation Incentive Payments.
Section 735 prohibits funds to require any entity
submitting an offer for a Federal contract to disclose
political contributions.
Section 736 prohibits funds for the painting of a portrait
of an employee of the Federal Government including the
President, the Vice President, a Member of Congress, the head
of an executive branch agency, or the head of an office of the
legislative branch.
Section 737 limits the pay increases of certain prevailing
rate employees.
Section 738 requires reports to Inspectors General
concerning expenditures for agency conferences.
Section 739 prohibits the use of funds to increase,
eliminate, or reduce a program or project unless such change is
made pursuant to reprogramming or transfer provisions.
Section 740 prohibits the Office of Personnel Management or
any other agency from using funds to implement regulations
changing the competitive areas under reductions-in-force for
Federal employees.
Section 741 prohibits the use of funds to begin or announce
a study or a public-private competition regarding the
conversion to contractor performance of any function performed
by civilian Federal employees pursuant to Office of Management
and Budget Circular A-76 or any other administrative
regulation, directive, or policy.
Section 742 ensures that contractors are not prevented from
reporting waste, fraud, or abuse by signing confidentiality
agreements that would prohibit such disclosure.
Section 743 prohibits the expenditure of funds for the
implementation of agreements in certain nondisclosure policies
unless certain provisions are included in the policies.
Section 744 prohibits funds to any corporation with certain
unpaid Federal tax liabilities unless an agency has considered
suspension or debarment of the corporation and made a
determination that this further action is not necessary to
protect the interests of the Government.
Section 745 prohibits funds to any corporation that was
convicted of a felony criminal violation within the preceding
24 months unless an agency has considered suspension or
debarment of the corporation and has made a determination that
this further action is not necessary to protect the interests
of the Government.
Section 746 relates to the Consumer Financial Protection
Bureau (CFPB). Given the need for transparency and
accountability in the Federal budgeting process, the CFPB is
directed to provide an informal, nonpublic full briefing at
least annually before the relevant Appropriations subcommittee
on the CFPB's finances and expenditures.
Section 747 addresses possible technical scorekeeping
differences for fiscal year 2021 between the Office of
Management and Budget and the Congressional Budget Office.
Section 748 eliminates automatic statutory pay increase for
the Vice President, political appointees paid under the
executive schedule, ambassadors who are not career members of
the Foreign Service, political appointed (noncareer) Senior
Executive Service employees, and any other senior political
appointee paid at or above level IV of the executive schedule.
Section 749 declares the inapplicability of these general
provisions to title IV and title VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)
Section 801 allows the use of local funds for making
refunds or paying judgments against the District of Columbia
government.
Section 802 prohibits the use of Federal funds for
publicity or propaganda designed to support or defeat
legislation before Congress or any State legislature.
Section 803 establishes reprogramming procedures for
Federal funds.
Section 804 prohibits the use of Federal funds for the
salaries and expenses of a shadow U.S. Senator or U.S.
Representative.
Section 805 places restrictions on the use of District of
Columbia government vehicles.
Section 806 prohibits the use of Federal funds for a
petition or civil action which seeks to require voting rights
for the District of Columbia in Congress.
Section 807 prohibits the use of Federal funds in this Act
to distribute, for the purpose of preventing the spread of
blood borne pathogens, sterile needles or syringes in any
location that has been determined by local public health
officials or local law enforcement authorities to be
inappropriate for such distribution.
Section 808 concerns a ``conscience clause'' on legislation
that pertains to contraceptive coverage by health insurance
plans.
Section 809 prohibits Federal funds to enact or carry out
any law, rule, or regulation to legalize or reduce penalties
associated with the possession, use or distribution of any
schedule I substance under the Controlled Substances Act or any
tetrahydrocannabinols derivative. In addition, section 809
prohibits Federal and local funds to enact any law, rule, or
regulation to legalize or reduce penalties associated with the
possession, use or distribution of any schedule I substance
under the Controlled Substances Act or any
tetrahydrocannabinols derivative for recreational purposes.
Section 810 prohibits the use of funds for abortion except
in the cases of rape or incest or if necessary, to save the
life of the mother.
Section 811 requires the CFO to submit a revised operating
budget no later than 30 calendar days after the enactment of
this Act for agencies the CFO certifies as requiring a
reallocation in order to address unanticipated program needs.
Section 812 requires the CFO to submit a revised operating
budget for the District of Columbia Public Schools, no later
than 30 calendar days after the enactment of this Act, which
aligns schools' budgets to actual enrollment.
Section 813 allows for transfers of local funds between
operating funds and capital and enterprise funds.
Section 814 prohibits the obligation of Federal funds
beyond the current fiscal year and transfers of funds unless
expressly provided herein.
Section 815 provides that not to exceed 50 percent of
unobligated balances from Federal appropriations for salaries
and expenses may remain available for certain purposes. This
provision will apply to the District of Columbia Courts, the
Court Services and Offender Supervision Agency and the District
of Columbia Public Defender Service.
Section 816 appropriates local funds during fiscal year
2022 if there is an absence of a continuing resolution or
regular appropriation for the District of Columbia. Funds are
provided under the same authorities and conditions and in the
same manner and extent as provided for in fiscal year 2021.
Section 817 provides the District of Columbia authority to
transfer, receive, and acquire lands and funding it deems
necessary for the construction and operation of interstate
bridges over navigable waters, including related
infrastructure, for a project to expand commuter and regional
passenger rail service and provide bike and pedestrian access
crossings.
Section 818 is a new provision requiring each Federal and
District government agency appropriated Federal funding in this
Act to submit to the Committees quarterly budget reports on
obligations.
Section 819 specifies that references to ``this Act'' in
this title or title IV are treated as referring only to the
provisions of this title and title IV.
TITLE IX
GENERAL PROVISION--EMERGENCY FUNDING
Section 901 provides $50,000,000 in emergency funding for
the National Archives and Records Administration's Records
Center Revolving Fund to offset the losses resulting from the
coronavirus pandemic of user fees collected by the fund. These
funds may be used to accelerate the processing of requests for
military service records.
This division may be cited as ``Financial Services and
General Government Appropriations Act, 2021.''
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2021
(H.R. 133; P.L. 116-260)
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021
=======================================================================
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $180,819,000;
of which $20,000,000 shall be for the Office of the Ombudsman
for Immigration Detention, of which $5,000,000 shall remain
available until September 30, 2022: Provided, That not to
exceed $30,000 shall be for official reception and
representation expenses.
federal assistance
(including transfers of funds)
For necessary expenses of the Office of the Secretary and for
executive management for Federal assistance through grants,
contracts, cooperative agreements, and other activities,
$25,000,000, which shall be transferred to the Federal
Emergency Management Agency, of which $20,000,000 shall be for
targeted violence and terrorism prevention grants and of which
$5,000,000 shall be for an Alternatives to Detention Case
Management pilot program, to remain available until September
30, 2022: Provided, That the amounts made available for the
pilot program shall be awarded to nonprofit organizations and
local governments and administered by a National Board, which
shall be chaired by the Officer for Civil Rights and Civil
Liberties, for the purposes of providing case management
services, including but not limited to: mental health services;
human and sex trafficking screening; legal orientation
programs; cultural orientation programs; connections to social
services; and for individuals who will be removed,
reintegration services: Provided further, That such services
shall be provided to each individual enrolled into the U.S.
Immigration and Customs Enforcement Alternatives to Detention
program in the geographic areas served by the pilot program:
Provided further, That any such individual may opt out of
receiving such services after providing written informed
consent: Provided further, That not to exceed $350,000 shall
be for the administrative costs of the Department of Homeland
Security for the pilot program.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for
operations and support, $1,398,162,000: Provided, That not to
exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $214,795,000, of
which $159,611,000 shall remain available until September 30,
2023; and of which $55,184,000 shall remain available until
September 30, 2025.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and
Analysis and the Office of Operations Coordination for
operations and support, $298,500,000, of which $82,620,000
shall remain available until September 30, 2022: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses and not to exceed $2,000,000 is
available for facility needs associated with secure space at
fusion centers, including improvements to buildings.
Office of the Inspector General
operations and support
For necessary expenses of the Office of the Inspector General
for operations and support, $190,186,000: Provided, That not
to exceed $300,000 may be used for certain confidential
operational expenses, including the payment of informants, to
be expended at the direction of the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall submit
a report not later than October 15, 2021, to the Inspector
General of the Department of Homeland Security listing all
grants and contracts awarded by any means other than full and
open competition during fiscal years 2020 or 2021.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with
applicable laws and regulations and report the results of that
review to the Committees on Appropriations of the Senate and
the House of Representatives not later than February 15, 2022.
Sec. 102. Not later than 30 days after the last day of each
month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
monthly budget and staffing report that includes total
obligations of the Department for that month and for the fiscal
year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 103. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition
outcomes, which shall be specified in terms of cost, schedule,
and performance.
Sec. 104. (a) The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House of
Representatives of any proposed transfers of funds available
under section 9705(g)(4)(B) of title 31, United States Code,
from the Department of the Treasury Forfeiture Fund to any
agency within the Department of Homeland Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives are notified of the proposed
transfer.
Sec. 105. All official costs associated with the use of
Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available for
the Office of the Secretary.
Sec. 106. Section 107 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141),
related to visa overstay data and border security metrics,
shall apply in fiscal year 2021, except that the reference to
``this Act'' shall be treated as referring to this Act, and the
reference to ``2017'' shall be treated as referring to
``2020''.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For necessary expenses of U.S. Customs and Border Protection
for operations and support, including the transportation of
unaccompanied minor aliens; the provision of air and marine
support to Federal, State, local, and international agencies in
the enforcement or administration of laws enforced by the
Department of Homeland Security; at the discretion of the
Secretary of Homeland Security, the provision of such support
to Federal, State, and local agencies in other law enforcement
and emergency humanitarian efforts; the purchase and lease of
up to 7,500 (6,500 for replacement only) police-type vehicles;
the purchase, maintenance, or operation of marine vessels,
aircraft, and unmanned aerial systems; and contracting with
individuals for personal services abroad; $12,908,923,000; of
which $3,274,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
$500,000,000 shall be available until September 30, 2022; and
of which such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official
reception and representation expenses: Provided further, That
not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations:
Provided further, That not to exceed $2,000,000 shall be for
awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland
Security: Provided further, That not to exceed $5,000,000 may
be transferred to the Bureau of Indian Affairs for the
maintenance and repair of roads on Native American reservations
used by the U.S. Border Patrol.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection
for procurement, construction, and improvements, including
procurement of marine vessels, aircraft, and unmanned aerial
systems, $1,839,634,000, of which $322,235,000 shall remain
available until September 30, 2023, and of which $1,517,399,000
shall remain available until September 30, 2025.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the purchase
and lease of up to 3,790 (2,350 for replacement only) police-
type vehicles; overseas vetted units; and maintenance, minor
construction, and minor leasehold improvements at owned and
leased facilities; $7,875,730,000; of which not less than
$6,000,000 shall remain available until expended for efforts to
enforce laws against forced child labor; of which $46,696,000
shall remain available until September 30, 2022; of which not
less than $1,500,000 is for paid apprenticeships for
participants in the Human Exploitation Rescue Operative Child-
Rescue Corps; of which not less than $15,000,000 shall be
available for investigation of intellectual property rights
violations, including operation of the National Intellectual
Property Rights Coordination Center; and of which not less than
$4,118,902,000 shall be for enforcement, detention, and removal
operations, including transportation of unaccompanied minor
aliens: Provided, That not to exceed $11,475 shall be for
official reception and representation expenses: Provided
further, That not to exceed $10,000,000 shall be available
until expended for conducting special operations under section
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081):
Provided further, That not to exceed $2,000,000 shall be for
awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland
Security: Provided further, That not to exceed $11,216,000
shall be available to fund or reimburse other Federal agencies
for the costs associated with the care, maintenance, and
repatriation of smuggled aliens unlawfully present in the
United States.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$97,799,000, of which $24,538,000 shall remain available until
September 30, 2023, and of which $73,261,000 shall remain
available until September 30, 2025.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,793,715,000, to
remain available until September 30, 2022: Provided, That not
to exceed $7,650 shall be for official reception and
representation expenses: Provided further, That security
service fees authorized under section 44940 of title 49, United
States Code, shall be credited to this appropriation as
offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2021 so as to result in a final
fiscal year appropriation from the general fund estimated at
not more than $4,853,715,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$134,492,000, to remain available until September 30, 2023.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $29,524,000, to
remain available until September 30, 2022.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of
not to exceed 25 passenger motor vehicles, which shall be for
replacement only; purchase or lease of small boats for
contingent and emergent requirements (at a unit cost of not
more than $700,000) and repairs and service-life replacements,
not to exceed a total of $31,000,000; purchase, lease, or
improvements of boats necessary for overseas deployments and
activities; payments pursuant to section 156 of Public Law 97-
377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $8,485,146,000, of which $530,000,000 shall be for
defense-related activities; of which $24,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)); of which $11,000,000 shall remain
available until September 30, 2023; of which $21,186,000 shall
remain available until September 30, 2025, for environmental
compliance and restoration; and of which $70,000,000 shall
remain available until September 30, 2022, for vessel depot
level maintenance: Provided, That not to exceed $23,000 shall
be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation,
shore facilities (including facilities at Department of Defense
installations used by the Coast Guard), and vessels and
aircraft, including equipment related thereto, $2,264,041,000,
to remain available until September 30, 2025; of which
$20,000,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; $10,276,000, to remain
available until September 30, 2023, of which $500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation
funds received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses,
payment of continuation pay under section 356 of title 37,
United States Code, concurrent receipts, combat-related special
compensation, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10,
United States Code, $1,869,704,000, to remain available until
expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to exceed
652 vehicles for police-type use for replacement only; hire of
passenger motor vehicles; purchase of motorcycles made in the
United States; hire of aircraft; rental of buildings in the
District of Columbia; fencing, lighting, guard booths, and
other facilities on private or other property not in Government
ownership or control, as may be necessary to perform protective
functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in
advance for commercial accommodations as may be necessary to
perform protective functions; and payment, without regard to
section 5702 of title 5, United States Code, of subsistence
expenses of employees who are on protective missions, whether
at or away from their duty stations; $2,373,109,000; of which
$41,807,000 shall remain available until September 30, 2022,
and of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children;
and of which up to $15,000,000 may be for calendar year 2020
premium pay in excess of the annual equivalent of the
limitation on the rate of pay contained in section 5547(a) of
title 5, United States Code, pursuant to section 2 of the
Overtime Pay for Protective Services Act of 2016 (5 U.S.C. 5547
note), as amended by Public Law 115-383: Provided, That not to
exceed $19,125 shall be for official reception and
representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment
to foreign law enforcement organizations in criminal
investigations within the jurisdiction of the United States
Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $52,955,000,
to remain available until September 30, 2023.
research and development
For necessary expenses of the United States Secret Service
for research and development, $11,937,000, to remain available
until September 30, 2022.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141),
related to overtime compensation limitations, shall apply with
respect to funds made available in this Act in the same manner
as such section applied to funds made available in that Act,
except that ``fiscal year 2021'' shall be substituted for
``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S.
Customs and Border Protection--Operations and Support'' and
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' shall be available for customs
expenses when necessary to maintain operations and prevent
adverse personnel actions in Puerto Rico and the U.S. Virgin
Islands, in addition to funding provided by sections 740 and
1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United
States-Colombia Trade Promotion Agreement Implementation Act
(Public Law 112-42), fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to section
13031(a)(5) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(a)(5)) shall be available until
expended.
Sec. 204. For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to
remain available until expended, to be reduced by amounts
collected and credited to this appropriation in fiscal year
2021 from amounts authorized to be collected by section 286(i)
of the Immigration and Nationality Act (8 U.S.C. 1356(i)),
section 10412 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation
and Trade Enforcement Act of 2015 (Public Law 114-25), or other
such authorizing language: Provided, That to the extent that
amounts realized from such collections exceed $31,000,000,
those amounts in excess of $31,000,000 shall be credited to
this appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food,
Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic
Act: Provided, That this section shall apply only to
individuals transporting on their person a personal-use
quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351
of the Public Health Service Act (42 U.S.C. 262).
Sec. 206. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used to
approve a waiver of the navigation and vessel-inspection laws
pursuant to section 501(b) of title 46, United States Code, for
the transportation of crude oil distributed from and to the
Strategic Petroleum Reserve until the Secretary of Homeland
Security, after consultation with the Secretaries of the
Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate
measures to ensure the use of United States flag vessels:
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives,
the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any
request for waivers of navigation and vessel-inspection laws
pursuant to section 501(b) of title 46, United States Code,
with respect to such transportation, and the disposition of
such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act,
the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new
border crossing fee on individuals crossing the
Southern border or the Northern border at a land port
of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means a
fee that every pedestrian, cyclist, and driver and passenger of
a private motor vehicle is required to pay for the privilege of
crossing the Southern border or the Northern border at a land
port of entry.
Sec. 208. Not later than 90 days after the date of enactment
of this Act, the Secretary of Homeland Security shall submit an
expenditure plan for any amounts made available for ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'' in this Act and prior Acts to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided, That no such amounts may be obligated prior to the
submission of such plan.
Sec. 209. Of the total amount made available under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $464,634,000 shall be available only as
follows:
(1) $160,530,000 for the acquisition and deployment
of border security technologies and trade and travel
assets and infrastructure;
(2) $142,399,000 for facility construction and
improvements;
(3) $119,076,000 for integrated operations assets and
infrastructure; and
(4) $42,629,000 for mission support and
infrastructure.
Sec. 210. Of the total amount made available under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', an amount equal to the amount made available in
section 209(a)(1) of division D of the Consolidated
Appropriations Act, 2020 (Public Law 116-93) shall be made
available for the same purposes as the amount provided under
such section in such Act.
Sec. 211. Federal funds may not be made available for the
construction of fencing--
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center;
(5) within or east of the Vista del Mar Ranch tract
of the Lower Rio Grande Valley National Wildlife
Refuge; or
(6) within historic cemeteries.
Sec. 212. Funds made available in this Act may be used to
alter operations within the National Targeting Center of U.S.
Customs and Border Protection: Provided, That none of the
funds provided by this Act, provided by previous appropriations
Acts that remain available for obligation or expenditure in
fiscal year 2021, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the components funded by this Act, may be used to
reduce anticipated or planned vetting operations at existing
locations unless specifically authorized by a statute enacted
after the date of enactment of this Act.
Sec. 213. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may
reprogram within and transfer funds to ``U.S. Immigration and
Customs Enforcement--Operations and Support'' as necessary to
ensure the detention of aliens prioritized for removal.
Sec. 214. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue a delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 215. (a) None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue any contract for the
provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are
less than ``adequate'' or the equivalent median score in any
subsequent performance evaluation system.
(b) Beginning not later than January 1, 2021, the performance
evaluations referenced in subsection (a) shall be conducted by
the U.S. Immigration and Customs Enforcement Office of
Professional Responsibility.
Sec. 216. The reports required to be submitted under section
218 of the Department of Homeland Security Appropriations Act,
2020 (division D of Public Law 116-93) shall continue to be
submitted with respect to the period beginning 15 days after
the date of the enactment of this Act and semimonthly
thereafter, and each matter required to be included in such
report by such section 218 shall apply in the same manner and
to the same extent during the period described in this section,
except that for purposes of reports submitted with respect to
such period described, the following additional requirements
shall be treated as being included as subparagraphs (H) through
(J) of paragraph (1) of such section 218--
(1) the average lengths of stay, including average
post-determination length of stay in the case of
detainees described in subparagraph (F), for
individuals who remain in detention as of the last date
of each such reporting period;
(2) the number who have been in detention,
disaggregated by the number of detainees described in
subparagraph (F), for each of the following--
(A) over 2 years;
(B) from over 1 year to 2 years;
(C) from over 6 months to 1 year; and
(D) for less than 6 months; and
(3) the number of individuals described in section
115.5 of title 28, Code of Federal Regulations,
including the use and duration of solitary confinement
for such person.
Sec. 217. The terms and conditions of sections 216 and 217
of the Department of Homeland Security Appropriations Act, 2020
(division D of Public Law 116-93) shall apply to this Act.
Sec. 218. Members of the United States House of
Representatives and the United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
Sec. 219. Any award by the Transportation Security
Administration to deploy explosives detection systems shall be
based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased
security concerns, high injury rates, airport readiness, and
increased cost effectiveness.
Sec. 220. Notwithstanding section 44923 of title 49, United
States Code, for fiscal year 2021, any funds in the Aviation
Security Capital Fund established by section 44923(h) of title
49, United States Code, may be used for the procurement and
installation of explosives detection systems or for the
issuance of other transaction agreements for the purpose of
funding projects described in section 44923(a) of such title.
Sec. 221. None of the funds made available by this or any
other Act may be used by the Administrator of the
Transportation Security Administration to implement,
administer, or enforce, in abrogation of the responsibility
described in section 44903(n)(1) of title 49, United States
Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area
of any airport at which the Transportation Security
Administration provided such monitoring as of December 1, 2013.
Sec. 222. Not later than 30 days after the submission of the
President's budget proposal, the Administrator of the
Transportation Security Administration shall submit to the
Committees on Appropriations and Commerce, Science, and
Transportation of the Senate and the Committees on
Appropriations and Homeland Security in the House of
Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan that includes a plan
for continuous and sustained capital investment in new,
and the replacement of aged, transportation security
equipment;
(2) the 5-year technology investment plan as required
by section 1611 of title XVI of the Homeland Security
Act of 2002, as amended by section 3 of the
Transportation Security Acquisition Reform Act (Public
Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security
Appropriations Act, 2019 (Senate Report 115-283).
Sec. 223. Section 225 of division A of Public Law 116-6 (49
U.S.C. 44901 note; relating to a pilot program for screening
outside of an existing primary passenger terminal screening
area) is amended in subsection (e) by striking ``2021'' and
inserting ``2023''.
Sec. 224. None of the funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' shall be
for expenses incurred for recreational vessels under section
12114 of title 46, United States Code, except to the extent
fees are collected from owners of yachts and credited to the
appropriation made available by this Act under the heading
``Coast Guard--Operations and Support'': Provided, That to the
extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and
there is a backlog of recreational vessel applications,
personnel performing non-recreational vessel documentation
functions under subchapter II of chapter 121 of title 46,
United States Code, may perform documentation under section
12114.
Sec. 225. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
$10,000,000 may be reprogrammed to or from the Military Pay and
Allowances funding category within ``Coast Guard--Operations
and Support'' in accordance with subsection (a) of section 503
of this Act.
Sec. 226. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
future-years capital investment plan as described in the second
proviso under the heading ``Coast Guard--Acquisition,
Construction, and Improvements'' in the Department of Homeland
Security Appropriations Act, 2015 (Public Law 114-4), which
shall be subject to the requirements in the third and fourth
provisos under such heading.
Sec. 227. Of the funds made available for defense-related
activities under the heading ``Coast Guard--Operations and
Support'', up to $190,000,000 that are used for enduring
overseas missions in support of the global fight against terror
may be reallocated by program, project, and activity,
notwithstanding section 503 of this Act.
Sec. 228. None of the funds in this Act shall be used to
reduce the Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 229. None of the funds appropriated by this Act may be
used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A-76 for
activities performed with respect to the Coast Guard National
Vessel Documentation Center.
Sec. 230. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 231. Amounts deposited into the Coast Guard Housing
Fund in fiscal year 2021 shall be available until expended to
carry out the purposes of section 2946 of title 14, United
States Code, and shall be in addition to funds otherwise
available for such purposes.
Sec. 232. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States
Code, for personnel receiving training sponsored by the James
J. Rowley Training Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary
resources available under the heading ``United States Secret
Service--Operations and Support'' at the end of the fiscal
year.
Sec. 233. None of the funds made available to the United
States Secret Service by this Act or by previous appropriations
Acts may be made available for the protection of the head of a
Federal agency other than the Secretary of Homeland Security:
Provided, That the Director of the United States Secret Service
may enter into agreements to provide such protection on a fully
reimbursable basis.
Sec. 234. For purposes of section 503(a)(3) of this Act, up
to $15,000,000 may be reprogrammed within ``United States
Secret Service--Operations and Support''.
Sec. 235. Funding made available in this Act for ``United
States Secret Service--Operations and Support'' is available
for travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if the Director of the
United States Secret Service or a designee notifies the
Committees on Appropriations of the Senate and the House of
Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for operations and support,
$1,662,066,000, of which $22,793,000, shall remain available
until September 30, 2022: Provided, That not to exceed $3,825
shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for procurement, construction,
and improvements, $353,479,000, to remain available until
September 30, 2023.
research and development
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for research and development,
$9,431,000, to remain available until September 30, 2022.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,129,282,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$105,985,000, of which $58,387,000 shall remain available until
September 30, 2023, and of which $47,598,000 shall remain
available until September 30, 2025.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative
agreements, and other activities, $3,294,892,000, which shall
be allocated as follows:
(1) $610,000,000 for the State Homeland Security
Grant Program under section 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 605), of which
$90,000,000 shall be for Operation Stonegarden,
$15,000,000 shall be for Tribal Homeland Security
Grants under section 2005 of the Homeland Security Act
of 2002 (6 U.S.C. 606), and $90,000,000 shall be for
organizations (as described under section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such code) determined by the
Secretary of Homeland Security to be at high risk of a
terrorist attack: Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year
2021, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts
provided to the Commonwealth of Puerto Rico under this
paragraph in accordance with subsection (c)(1) of such
section 2004.
(2) $705,000,000 for the Urban Area Security
Initiative under section 2003 of the Homeland Security
Act of 2002 (6 U.S.C. 604), of which $90,000,000 shall
be for organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such code)
determined by the Secretary of Homeland Security to be
at high risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-
Road Bus Security Assistance under sections 1406, 1513,
and 1532 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1135, 1163, and
1182), of which $10,000,000 shall be for Amtrak
security and $2,000,000 shall be for Over-the-Road Bus
Security: Provided, That such public transportation
security assistance shall be provided directly to
public transportation agencies.
(4) $100,000,000 for Port Security Grants in
accordance with section 70107 of title 46, United
States Code.
(5) $720,000,000, to remain available until September
30, 2022, of which $360,000,000 shall be for Assistance
to Firefighter Grants and $360,000,000 shall be for
Staffing for Adequate Fire and Emergency Response
Grants under sections 33 and 34 respectively of the
Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229 and 2229a).
(6) $355,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701), section 762 of title 6, United States
Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.).
(7) $263,000,000 for necessary expenses for Flood
Hazard Mapping and Risk Analysis, in addition to and to
supplement any other sums appropriated under the
National Flood Insurance Fund, and such additional sums
as may be provided by States or other political
subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4101(f)(2)), to remain available
until expended.
(8) $12,000,000 for Regional Catastrophic
Preparedness Grants.
(9) $12,000,000 for Rehabilitation of High Hazard
Potential Dams under section 8A of the National Dam
Safety Program Act (33 U.S.C. 467f-2).
(10) $130,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available
until expended: Provided, That not to exceed 3.5
percent shall be for total administrative costs.
(11) $287,892,000 to sustain current operations for
training, exercises, technical assistance, and other
programs.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), $17,142,000,000, to remain available until expended,
shall be for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and is designated by the Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided, That of the amount provided under this heading, up to
$250,000,000 may be transferred to the Disaster Assistance
Direct Loan Program Account for the cost of direct loans as
authorized under section 417 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5184), including
loans issued pursuant to section 311 of this Act, of which
$3,000,000 is for administrative expenses.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of
1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters Flood
Insurance Reform Act of 2012 (Public Law 112-141, 126 Stat.
916), and the Homeowner Flood Insurance Affordability Act of
2014 (Public Law 113-89; 128 Stat. 1020), $204,412,000, to
remain available until September 30, 2022, which shall be
derived from offsetting amounts collected under section 1308(d)
of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $13,906,000 shall be available for mission
support associated with flood management; and of which
$190,506,000 shall be available for flood plain management and
flood mapping: Provided, That any additional fees collected
pursuant to section 1308(d) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting
collections to this account, to be available for flood plain
management and flood mapping: Provided further, That in fiscal
year 2021, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017) in excess of--
(1) $181,021,000 for operating expenses and salaries
and expenses associated with flood insurance
operations;
(2) $1,164,000,000 for commissions and taxes of
agents;
(3) such sums as are necessary for interest on
Treasury borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood
mitigation assistance under section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c),
notwithstanding sections 1366(e) and 1310(a)(7) of such
Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(e) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104c(e)), shall be deposited in the
National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood
Insurance Act of 1968, notwithstanding section 102(f)(8),
section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act
(42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided
further, That total administrative costs shall not exceed 4
percent of the total appropriation: Provided further, That up
to $5,000,000 is available to carry out section 24 of the
Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C.
4033).
Administrative Provisions
Sec. 301. Funds made available under the heading
``Cybersecurity and Infrastructure Security Agency--Operations
and Support'' may be made available for the necessary expenses
of carrying out the competition specified in section 2(e) of
Executive Order No. 13870 (May 2, 2019), including the
provision of monetary and non-monetary awards for Federal
civilian employees and members of the uniformed services, the
necessary expenses for the honorary recognition of any award
recipients, and activities to encourage participation in the
competition, including promotional items: Provided, That any
awards made pursuant to this section shall be of the same type
and amount as those authorized under sections 4501 through 4505
of title 5, United States Code.
Sec. 302. Notwithstanding section 2008(a)(12) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any
other provision of law, not more than 5 percent of the amount
of a grant made available in paragraphs (1) through (4) under
``Federal Emergency Management Agency--Federal Assistance'',
may be used by the grantee for expenses directly related to
administration of the grant.
Sec. 303. Applications for grants under the heading
``Federal Emergency Management Agency--Federal Assistance'',
for paragraphs (1) through (4), shall be made available to
eligible applicants not later than 60 days after the date of
enactment of this Act, eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of
an application.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
through (4), (8), and (9), the Administrator of the Federal
Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives 5
full business days in advance of announcing publicly the
intention of making an award.
Sec. 305. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
and (2), the installation of communications towers is not
considered construction of a building or other physical
facility.
Sec. 306. The reporting requirements in paragraphs (1) and
(2) under the heading ``Federal Emergency Management Agency--
Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4) shall be applied in
fiscal year 2021 with respect to budget year 2022 and current
fiscal year 2021, respectively--
(1) in paragraph (1) by substituting ``fiscal year
2022'' for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 307. In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for Staffing
for Adequate Fire and Emergency Response grants, the
Administrator of the Federal Emergency Management Agency may
grant waivers from the requirements in subsections (a)(1)(A),
(a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229a).
Sec. 308. The aggregate charges assessed during fiscal year
2021, as authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not
be less than 100 percent of the amounts anticipated by the
Department of Homeland Security to be necessary for its
Radiological Emergency Preparedness Program for the next fiscal
year: Provided, That the methodology for assessment and
collection of fees shall be fair and equitable and shall
reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting
collections and will become available for authorized purposes
on October 1, 2021, and remain available until expended.
Sec. 309. (a) Any balances of funds appropriated in any prior
Act for activities funded by National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133) (as in
effect on the day before the date of enactment of section 1234
of division D of Public Law 115-254) may be transferred to and
merged for all purposes with the funds set aside pursuant to
subsection (i)(1) of section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133),
as in effect on the date of the enactment of this section.
(b) The transfer authorized in subsection (a) may not occur
until the Administrator of the Federal Emergency Management
Agency submits to the Committees on Appropriations of the
Senate and the House of Representatives a plan for the
obligation of funds pursuant to such subsection (i)(1),
including the criteria to be used for awarding grants and a
process for tracking the obligation of such transferred funds.
Sec. 310. In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for
Assistance to Firefighter Grants, the Administrator of the
Federal Emergency Management Agency may waive subsection (k) of
section 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229).
Sec. 311. (a) For major disasters declared in 2018 pursuant
to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170), a territory or possession of
the United States shall be deemed to be a local government for
purposes of section 417 of such Act (42 U.S.C. 5184) and
section 206.361(a) of title 44, Code of Federal Regulations.
(b) Notwithstanding section 206.361(a) of title 44, Code of
Federal Regulations, the President may provide a loan until the
last day of the fiscal year that is 3 fiscal years after the
fiscal year in which the natural disaster described in such
subsection occurs.
(c) Notwithstanding section 417(b) of such Act and section
206.361(b) of title 44, Code of Federal Regulations, the amount
of any loan issued to a territory or possession may--
(1) exceed $5,000,000; and
(2) may be based on the projected loss of tax and
other revenues and on projected cash outlays not
previously budgeted for a period not to exceed 1 year
beginning on the date that the major disaster occurred.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support of the E-Verify Program,
$117,790,000.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration
Services for Federal assistance for the Citizenship and
Integration Grant Program, $10,000,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the
purchase of not to exceed 117 vehicles for police-type use and
hire of passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, $314,348,000, of
which $61,391,000 shall remain available until September 30,
2022: Provided, That not to exceed $7,180 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement
Training Centers for procurement, construction, and
improvements, $26,000,000, to remain available until September
30, 2025, for acquisition of necessary additional real property
and facilities, construction and ongoing maintenance, facility
improvements and related expenses of the Federal Law
Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology
Directorate for operations and support, including the purchase
or lease of not to exceed 5 vehicles, $302,703,000, of which
$180,112,000 shall remain available until September 30, 2022:
Provided, That not to exceed $10,000 shall be for official
reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology
Directorate for procurement, construction, and improvements,
$18,927,000, to remain available until September 30, 2025.
research and development
For necessary expenses of the Science and Technology
Directorate for research and development, $443,928,000, to
remain available until September 30, 2023.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $179,892,000, of
which $20,697,000 shall remain available until September 30,
2022: Provided, That not to exceed $2,250 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and
improvements, $87,413,000, to remain available until September
30, 2023.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $65,309,000,
to remain available until September 30, 2023.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants,
contracts, cooperative agreements, and other activities,
$69,663,000, to remain available until September 30, 2023.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration
Services may be used to acquire, operate, equip, and dispose of
up to 5 vehicles, for replacement only, for areas where the
Administrator of General Services does not provide vehicles for
lease: Provided, That the Director of U.S. Citizenship and
Immigration Services may authorize employees who are assigned
to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Sec. 402. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of U.S. Citizenship and Immigration Services of the
Department of Homeland Security who are known as Immigration
Information Officers, Immigration Service Analysts, Contact
Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 403. The terms and conditions of section 403 of the
Department of Homeland Security Appropriations Act, 2020
(division D of Public Law 116-93) shall apply to this Act.
Sec. 404. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal
law enforcement agencies for expenses incurred participating in
training accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law
enforcement community and non-Federal accreditation experts
involved in law enforcement training, shall lead the Federal
law enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs,
facilities, and instructors.
Sec. 406. The Director of the Federal Law Enforcement
Training Centers may accept transfers to its ``Procurement,
Construction, and Improvements'' account from Government
agencies requesting the construction of special use facilities,
as authorized by the Economy Act (31 U.S.C. 1535(b)):
Provided, That the Federal Law Enforcement Training Centers
maintain administrative control and ownership upon completion
of such facilities.
Sec. 407. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as
inherently governmental for purposes of the Federal Activities
Inventory Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation
accounts for such activities established pursuant to this Act,
may be merged with funds in the applicable established
accounts, and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the components in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2021, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates or eliminates a program, project, or
activity, or increases funds for any program, project,
or activity for which funds have been denied or
restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or
activity proposed to be performed by Federal employees
in the President's budget proposal for fiscal year 2021
for the Department of Homeland Security;
(3) augments funding for existing programs, projects,
or activities in excess of $5,000,000 or 10 percent,
whichever is less;
(4) reduces funding for any program, project, or
activity, or numbers of personnel, by 10 percent or
more; or
(5) results from any general savings from a reduction
in personnel that would result in a change in funding
levels for programs, projects, or activities as
approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 30 days in advance of such transfer, but
no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by such
transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds
shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided
after June 30, except in extraordinary circumstances that
imminently threaten the safety of human life or the protection
of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department
of Homeland Security Appropriations Acts that remain available
for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101
note, up to $20,000,000 from appropriations available to the
Department of Homeland Security: Provided, That the Secretary
shall notify the Committees on Appropriations of the Senate and
the House of Representatives at least 5 days in advance of such
transfer.
Sec. 504. Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31),
related to the operations of a working capital fund, shall
apply with respect to funds made available in this Act in the
same manner as such section applied to funds made available in
that Act: Provided, That funds from such working capital fund
may be obligated and expended in anticipation of reimbursements
from components of the Department of Homeland Security.
Sec. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2021, as recorded in the
financial records at the time of a reprogramming notification,
but not later than June 30, 2022, from appropriations for
``Operations and Support'' for fiscal year 2021 in this Act
shall remain available through September 30, 2022, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such
funds, a notification shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2021 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2021.
Sec. 507. (a) The Secretary of Homeland Security, or the
designee of the Secretary, shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 3 full business days in advance of--
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a Department of
Homeland Security multiple award contract, or to issue
a letter of intent totaling in excess of $4,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than
$10,000,000 from multi-year Department of Homeland
Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or
award items under paragraph (1), (2), (3), or (4),
including a contract covered by the Federal Acquisition
Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
not later than 5 full business days after such an award is made
or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal
year for which the funds for the award were
appropriated; the type of contract; and the account
from which the funds are being drawn.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law
enforcement training without advance notification to the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers'
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of title
40, United States Code, has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same manner
as such sections applied to funds made available in that Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act: Provided, That for purposes of the preceding
sentence, the term ``Buy American Act'' means chapter 83 of
title 41, United States Code.
Sec. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452) unless
explicitly authorized by the Congress.
Sec. 514. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 515. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of the
Senate and the House of Representatives may not delegate such
authority to perform that act unless specifically authorized
herein.
Sec. 516. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 517. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet the
basic requirements of a contract.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such
contract is entered into in accordance with the requirements of
subtitle I of title 41, United States Code, or chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above
referenced statutes.
Sec. 521. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 522. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate the
transfer of an operable firearm to an individual if the Federal
law enforcement officer knows or suspects that the individual
is an agent of a drug cartel unless law enforcement personnel
of the United States continuously monitor or control the
firearm at all times.
Sec. 523. None of the funds made available in this Act may
be used to pay for the travel to or attendance of more than 50
employees of a single component of the Department of Homeland
Security, who are stationed in the United States, at a single
international conference unless the Secretary of Homeland
Security, or a designee, determines that such attendance is in
the national interest and notifies the Committees on
Appropriations of the Senate and the House of Representatives
within at least 10 days of that determination and the basis for
that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a
conference occurring outside of the United States attended by
representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations: Provided further, That the total cost to the
Department of Homeland Security of any such conference shall
not exceed $500,000.
Sec. 524. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 525. None of the funds made available to the Department
of Homeland Security by this or any other Act may be obligated
for any structural pay reform that affects more than 100 full-
time positions or costs more than $5,000,000 in a single year
before the end of the 30-day period beginning on the date on
which the Secretary of Homeland Security submits to Congress a
notification that includes--
(1) the number of full-time positions affected by
such change;
(2) funding required for such change for the current
year and through the Future Years Homeland Security
Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such
change that were considered by the Department.
Sec. 526. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on the
public website of that agency any report required to be
submitted by the Committees on Appropriations of the Senate and
the House of Representatives in this Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
homeland or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
Committees on Appropriations of the Senate and the House of
Representatives for not less than 45 days except as otherwise
specified in law.
Sec. 527. (a) Funding provided in this Act for ``Operations
and Support'' may be used for minor procurement, construction,
and improvements.
(b) For purposes of subsection (a), ``minor'' refers to end
items with a unit cost of $250,000 or less for personal
property, and $2,000,000 or less for real property.
Sec. 528. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the
Treaty.
Sec. 529. The authority provided by section 532 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141) regarding primary and secondary schooling
of dependents shall continue in effect during fiscal year 2021.
Sec. 530. (a) For an additional amount for ``Federal
Emergency Management Agency--Federal Assistance'', $12,700,000,
to remain available until September 30, 2022, exclusively for
providing reimbursement of extraordinary law enforcement or
other emergency personnel costs for protection activities
directly and demonstrably associated with any residence of the
President that is designated or identified to be secured by the
United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141), shall be applied with respect to amounts
made available by subsection (a) of this section by
substituting ``October 1, 2021'' for ``October 1, 2018'' and
``October 1, 2020'' for ``October 1, 2017''.
Sec. 531. (a) Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) shall be applied--
(1) In subsection (a), by substituting ``September
30, 2021,'' for ``September 30, 2017,''; and
(2) In subsection (c)(1), by substituting ``September
30, 2021,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority
of section 831 of the Homeland Security Act of 2002 (6 U.S.C.
391(a)), may carry out prototype projects under section 2371b
of title 10, United States Code, and the Secretary shall
perform the functions of the Secretary of Defense as
prescribed.
(c) The Secretary of Homeland Security under section 831 of
the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the
definition of nontraditional government contractor as defined
in section 2371b(e) of title 10, United States Code.
Sec. 532. (a) None of the funds appropriated or otherwise
made available to the Department of Homeland Security by this
Act may be used to prevent any of the following persons from
entering, for the purpose of conducting oversight, any facility
operated by or for the Department of Homeland Security used to
detain or otherwise house aliens, or to make any temporary
modification at any such facility that in any way alters what
is observed by a visiting member of Congress or such designated
employee, compared to what would be observed in the absence of
such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated
by such a Member for the purposes of this section.
(b) Nothing in this section may be construed to require a
Member of Congress to provide prior notice of the intent to
enter a facility described in subsection (a) for the purpose of
conducting oversight.
(c) With respect to individuals described in subsection
(a)(2), the Department of Homeland Security may require that a
request be made at least 24 hours in advance of an intent to
enter a facility described in subsection (a).
Sec. 533. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used to place
restraints on a woman in the custody of the Department of
Homeland Security (including during transport, in a detention
facility, or at an outside medical facility) who is pregnant or
in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant
woman if--
(1) an appropriate official of the Department of
Homeland Security makes an individualized determination
that the woman--
(A) is a serious flight risk, and such risk
cannot be prevented by other means; or
(B) poses an immediate and serious threat to
harm herself or others that cannot be prevented
by other means; or
(2) a medical professional responsible for the care
of the pregnant woman determines that the use of
therapeutic restraints is appropriate for the medical
safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection
(b), only the safest and least restrictive restraints, as
determined by the appropriate medical professional treating the
woman, may be used. In no case may restraints be used on a
woman who is in active labor or delivery, and in no case may a
pregnant woman be restrained in a face-down position with four-
point restraints, on her back, or in a restraint belt that
constricts the area of the pregnancy. A pregnant woman who is
immobilized by restraints shall be positioned, to the maximum
extent feasible, on her left side.
Sec. 534. (a) None of the funds made available by this Act
may be used to destroy any document, recording, or other record
pertaining to any--
(1) death of,
(2) potential sexual assault or abuse perpetrated
against, or
(3) allegation of abuse, criminal activity, or
disruption committed by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations,
and Federal rules governing disclosure in litigation, to an
individual who has been charged with a crime, been placed into
segregation, or otherwise punished as a result of an allegation
described in paragraph (3), upon the request of such
individual.
Sec. 535. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated
as a Principal Federal Official, shall apply with respect to
any Federal funds in the same manner as such section applied to
funds made available in that Act.
Sec. 536. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2022 that
assumes revenues or proposes a reduction from the previous year
based on user fees proposals that have not been enacted into
law prior to the submission of the budget, the Secretary of
Homeland Security shall provide the Committees on
Appropriations of the Senate and the House of Representatives
specific reductions in proposed discretionary budget authority
commensurate with the revenues assumed in such proposals in the
event that they are not enacted prior to October 1, 2021.
Sec. 537. (a) Not later than 10 days after the date on which
the budget of the President for a fiscal year is submitted to
Congress pursuant to section 1105(a) of title 31, United States
Code, the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report on the unfunded priorities, for the
Department of Homeland Security and separately for each
departmental component, for which discretionary funding would
be classified as budget function 050.
(b) Each report under this section shall specify, for each
such unfunded priority--
(1) a summary description, including the objectives
to be achieved if such priority is funded (whether in
whole or in part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole
or in part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the
case of a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in
subsection (a);
(2) is necessary to fulfill a requirement associated
with an operational or contingency plan for the
Department; and
(3) would have been recommended for funding through
the budget referred to in subsection (a) if--
(A) additional resources had been available
for the budget to fund the requirement;
(B) the requirement has emerged since the
budget was formulated; or
(C) the requirement is necessary to sustain
prior-year investments.
(transfer of funds)
Sec. 538. Not later than 30 days after the date of enactment
of this Act, $20,000,000 in unobligated balances from amounts
made available in section 212(b) of division D of the
Consolidated Appropriations Act, 2020 (Public Law 116-93) shall
be transferred to ``Countering Weapons of Mass Destruction
Office--Procurement, Construction, and Improvements'' for the
development of a department-wide electronic health records
system, and shall remain available until September 30, 2022, in
addition to any amounts otherwise available for such purposes:
Provided, That the amounts transferred pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to that
section of that Act.
(rescissions of funds)
Sec. 539. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985 (Public Law 99-177):
(1) $27,036,000 from Public Law 115-141 under the
heading ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements''.
(2) $15,000,000 from the unobligated balances
available in the ``U.S. Customs and Border Protection--
Border Security, Fencing, Infrastructure, and
Technology'' account (70 0533).
(3) $6,000,000 from the unobligated balances
available in the ``U.S. Customs and Border Protection--
Construction and Facility Improvements'' account (70
0532).
(4) $3,098,000 from the unobligated balances
available in the ``U.S. Immigration and Customs
Enforcement--Construction'' account (70 0545).
(5) $658,000 from the unobligated balances available
in the ``U.S. Immigration and Customs Enforcement--
Automation Modernization'' account (70 0543).
(6) $1,718,108 from the unobligated balances
available in the ``Coast Guard--Alteration of Bridges''
account (070 0614).
(7) $8,200,000 from Public Law 116-6 under the
heading ``U.S. Citizenship and Immigration Services--
Procurement, Construction, and Improvements''.
Sec. 540. The following unobligated balances made available
to the Department of Homeland Security pursuant to section 505
of the Department of Homeland Security Appropriations Act, 2020
(Public Law 116-93) are rescinded:
(1) $929,550 from ``Office of the Secretary and
Executive Management--Operations and Support''.
(2) $1,426,980 from ``Management Directorate--
Operations and Support''.
(3) $298,190 from ``Intelligence, Analysis, and
Operations Coordination--Operations and Support''.
(4) $430,910 from ``U.S. Customs and Border
Protection--Operations and Support''.
(5) $1,810,393 from ``United States Secret Service--
Operations and Support''.
(6) $1,574,940 from ``Cybersecurity and
Infrastructure Security Agency--Operations and
Support''.
(7) $690,090 from ``Federal Emergency Management
Agency--Operations and Support''.
(8) $8,984,690 from ``U.S. Citizenship and
Immigration Services--Operations and Support''.
(9) $242,490 from ``Federal Law Enforcement Training
Centers--Operations and Support''.
(10) $136,570 from ``Science and Technology
Directorate--Operations and Support''.
(11) $1,103,590 from ``Countering Weapons of Mass
Destruction Office--Operations and Support''.
Sec. 541. For necessary expenses related to providing
customs and immigration inspection and pre-inspection services
at, or in support of ports of entry, pursuant to section 1356
of title 8, United States Code, and section 58c(f) of title 19,
United States Code, and in addition to any other funds made
available for this purpose, there is appropriated, out of any
money in the Treasury not otherwise appropriated, $840,000,000,
to remain available until September 30, 2021, to offset the
loss resulting from the coronavirus pandemic of Immigration
User Fee receipts collected pursuant to section 286(h) of the
Immigration and Nationality Act (8 U.S.C. 1356(h)), and fees
for certain customs services collected pursuant to paragraphs 1
through 8 and paragraph 10 of subsection (a) of section 13031
of the Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(a)(1)-(8) and (a)(10)): Provided, That
notwithstanding any other provision of law, funds made
available by this section shall only be used by U.S. Customs
and Border Protection, Office of Field Operations: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 542. Not later than 10 days after a determination is
made by the President to evaluate and initiate protection under
any authority for a former or retired Government official or
employee, or for an individual who, during the duration of the
directed protection, will become a former or retired Government
official or employee (referred to in this section as a
``covered individual''), the Secretary of Homeland Security
shall submit a notification to congressional leadership and the
Committees on Appropriations of the Senate and the House of
Representatives, the Committees on the Judiciary of the Senate
and the House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, and the
Committee on Oversight and Reform of the House of
Representatives (referred to in this section as the
``appropriate congressional committees''): Provided, That the
notification may be submitted in classified form, if necessary,
and in consultation with the Director of National Intelligence
or the Director of the Federal Bureau of Investigation, as
appropriate, and shall include the threat assessment, scope of
the protection, and the anticipated cost and duration of such
protection: Provided further, That not later than 15 days
before extending, or 30 days before terminating, protection for
a covered individual, the Secretary of Homeland Security shall
submit a notification regarding the extension or termination
and any change to the threat assessment to the congressional
leadership and the appropriate congressional committees:
Provided further, That not later than 45 days after the date of
enactment of this Act, and quarterly thereafter, the Secretary
shall submit a report to the congressional leadership and the
appropriate congressional committees, which may be submitted in
classified form, if necessary, detailing each covered
individual, and the scope and associated cost of protection.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2021''.
[Clerk's note.--Reproduced below is the material relating
to division F contained in the Explanatory Statement regarding
H.R. 133, the Consolidated Appropriations Act, 2021.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 21, 2020 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H8466 of
Book IV.
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DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021
The following is an explanation of Division F, which makes
appropriations for the Department of Homeland Security (DHS)
for fiscal year 2021. Funding provided in this agreement not
only sustains existing programs that protect the nation from
all manner of threats, it ensures DHS's ability to improve
preparedness at the federal, state, local, tribal, and
territorial levels; prevent and respond to terrorist attacks;
and hire, train, and equip DHS frontline forces protecting the
homeland.
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 116-458
carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein.
When this joint explanatory statement refers to the
Committees or the Committees on Appropriations, these
references are to the House Appropriations Subcommittee on
Homeland Security and the Senate Appropriations Subcommittee on
Homeland Security.
This joint explanatory statement refers to certain
entities, persons, funds, and documents as follows: the
Department of Homeland Security is referenced as DHS or the
Department; the Government Accountability Office is referenced
as GAO; and the Office of Inspector General of the Department
of Homeland Security is referenced as OIG. In addition, ``full-
time equivalents'' are referred to as FTE; ``Information
Technology'' is referred to as IT; ``program, project, and
activity'' is referred to as PPA; any reference to ``the
Secretary'' should be interpreted to mean the Secretary of
Homeland Security; ``component'' should be interpreted to mean
an agency, administration, or directorate within DHS; any
reference to SLTT should be interpreted to mean state, local,
tribal, and territorial; and ``budget request'' or ``the
request'' should be interpreted to mean the budget of the U.S.
Government for fiscal year 2021 that was submitted to Congress
on February 10, 2020.
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND
OVERSIGHT
Office of the Secretary and Executive Management
OPERATIONS AND SUPPORT
The agreement includes an increase of $30,460,000 above the
budget request, including program increases above the request
of: $2,000,000 for the Office of Strategy, Policy, and Plans
for the Immigration Data Integration Initiative; $7,900,000 for
the Office for Civil Rights and Civil Liberties (OCRCL);
$20,000,000 for the Office of the Immigration Detention
Ombudsman (OIDO); and $1,500,000 for the Office of Partnership
and Engagement.
In addition, the agreement provides $3,545,000 above the
request to maintain current services, including $1,227,000 for
the Privacy Office; $1,741,000 for OCRCL; and $577,000 for the
Office of the Citizenship and Immigration Services Ombudsman.
The agreement reduces funding a total of $4,485,000 below
the request, including reductions of $1,889,000 associated with
personnel cost adjustments and $2,596,000 associated with the
proposed Joint Cyber Coordination Group.
Biometric Exit.--Not later than 30 days after the date of
enactment of this Act, the Department is directed to provide an
expenditure plan for H-1B and L-1 fee revenue and any other
resources to be applied to biometric exit implementation. The
Secretary is encouraged to continue working with the Government
of Mexico to adopt technology infrastructure that would support
entry and exit data exchange. Not later than 180 days after the
date of enactment of this Act, the Department shall brief the
Committees on its ongoing efforts to address entry and exit
data collection and exchange in the land border environment.
Blue Campaign.--The agreement includes $2,600,000 for the
Blue Campaign, an increase of $1,000,000 above the request to
continue the transition of the program to direct appropriations
and away from a reliance on component contributions. The
Department is directed to sustain not less than $3,000,000 in
component contributions in fiscal year 2021 to support a total
funding level of $5,600,000. The Department is directed to
fully account for Blue Campaign funding support in future
budget submissions and is urged to continue transitioning the
program to direct appropriations.
DATA Act Reporting.--The Department is directed to submit
timely, accurate, and complete financial and award information
in accordance with established management guidance, reporting
processes, and data standards established under the
requirements of the Digital Accountability and Transparency Act
(Public Law 113-101).
Family Separations and Reunification.--Whenever possible
and consistent with the best interests of the child, the
Department shall ensure that separated family units are
reunited prior to removal or release from U.S. Customs and
Border Protection (CBP) custody and remain together upon
transfer to U.S. Immigration and Customs Enforcement (ICE) or
Office of Refugee Resettlement (ORR) custody. Individuals
transferred from CBP to ICE custody, currently in ICE custody,
or under ICE supervision should also have opportunities to
report family separation incidents; to verify the status,
location, and disposition of family members; and to regularly
communicate by telephone with family members. The Department
shall ensure that agents and officers are properly trained in
child welfare screening for child victims of trafficking, in
accordance with the Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110-457). CBP shall
also continue to follow direction in Senate Report 116-125
regarding Immigration Reunification.
The Department is directed to continue to provide a monthly
report to the Committees, to also be made public on the
department's website, which shall document when and where all
family separations occur;
(1) the number of children separated from their parents at
the border, delineated by age and nationality of the children
and the parents or legal guardians;
(2) the nature of administrative or criminal charges filed
against adult family members;
(3) the basis for the separation;
(4) how often family units apprehended together are
detained in ICE custody, referred to ORR, and/or deported
separately;
(5) whether child welfare experts were consulted prior to
the family's physical separation;
(6) whether a group presenting as a family unit arrived at
the border and was separated after being determined not to meet
the legal definition of a family unit; and
(7) in cases where CBP separates individuals claiming to be
a family unit on the basis of suspected human trafficking,
information about whether any adult in the group was
subsequently charged civilly or criminally with a trafficking
offense. The report shall also detail processes for ensuring
the reunification of separated family units.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2021 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police-community relations, that are broadly
applicable and scalable to all Federal law enforcement
agencies. The agreement further notes that several agencies
funded by this Act employ Federal law enforcement officers and
are Federal Law Enforcement Training Centers partner
organizations. The agreement directs such agencies to consult
with the Attorney General regarding the implementation of these
programs for their law enforcement officers. The agreement
further directs such agencies to brief the Committees on
Appropriations on their efforts relating to such implementation
no later than 90 days after consultation with the Attorney
General. In addition, the agreement directs such agencies, to
the extent that they are not already participating, to consult
with the Attorney General and the Director of the FBI regarding
participation in the National Use-of-Force Data Collection. The
agreement further directs such agencies to brief the Committees
on Appropriations, no later than 90 days after enactment of
this Act, on their current efforts to so participate.
Future Goods and Services for Homeland Security Feasibility
Report.--The Secretary, in conjunction with the Federal
Emergency Management Agency (FEMA), the Cybersecurity and
Infrastructure Security Agency (CISA), other relevant DHS
components and other federal agencies and departments, shall
provide a report to the Committees not later than 90 days after
the date of enactment of this Act on the feasibility of
producing an annual projection of needs for goods and services
necessary for responding to and supporting recovery from
nationwide disruptions. The report shall also address the
potential impacts of domestic and non-domestic sourcing of
supply chains on the resilience of response and recovery
activities.
Human Trafficking and Child Exploitation.--The Department
is directed to brief the Committees semiannually on department-
wide efforts to combat human trafficking and child
exploitation.
Human Trafficking Study.--The Secretary is directed to
provide a report, not later than 270 days after the date of
enactment of this Act, describing the extent of human
trafficking in the United States. The report shall be
consistent with the appropriate partnerships and consultations
described below, and all applicable laws, including provisions
enacted to protect the privacy of victims and those intended to
ensure the participation of victims and witnesses without
regard to immigration status.
In completing the report, the Secretary shall consult with
the Federal Bureau of Investigations (FBI), the Department of
State, the Department of Labor, the Interagency Task Force to
Monitor and Combat Trafficking, and other federal departments,
agencies, task forces, state, local, tribal, and territorial
government entities the Secretary determines appropriate. The
Secretary shall determine the appropriate time period to be
addressed by the report in describing the current extent of
trafficking and identify which data on the incidence of human
trafficking is currently reported to any federal department or
agency, or state, local, tribal, or territorial government
entities, and whether the Department has access or could
appropriately obtain access to such data. Such access should be
consistent with privacy protection laws, applicable state laws,
or other applicable laws. The report shall also identify any
data that is not currently available that would be useful in
informing prevention efforts.
The report shall also include the following information, if
reasonably available:
(1) the estimated number of human trafficking victims,
disaggregated by whether the victim was--
(A) trafficked within a state;
(B) trafficked in interstate commerce; or
(C) trafficked from an international location; and
(2) a description of industries and geographical regions in
which the practice of human trafficking is most prevalent.
For the purposes of the report, human trafficking shall
have the same meaning as in section 7102 of title 22, United
States Code, including but not limited to sex and labor
trafficking. It does not include conduct described in Section
212(a)(6)(E) of the Immigration and Nationality Act, unless
such conduct was for the sole purpose of human trafficking.
Information collected for the report shall not be shared or
accessed by any person for the purpose of enforcement or
investigation of potential immigration law violations.
Joint Requirements Council (JRC).--The Department is
directed to continue quarterly briefings on JRC activities and
to brief the Committees at least 60 days prior to any changes
to or transfer of the JRC to other headquarters organizational
units.
Language Access Programs.--Within 180 days of the date of
enactment of this Act, OCRCL shall conduct an analysis of
component language access plans, including assessments of
whether:
(1) the elements of existing plans meet applicable
requirements and support plan goals;
(2) components effectively implement their plans;
(3) components have in place an effective process for
routinely evaluating plan implementation; and
(4) legal rights orientations are provided in an
appropriate language for migrants in custody or in removal
proceedings.
Any recommendations developed after review of the existing
plans should be based on the four-factor analysis identified in
Section 4 of the department's Master Language Access plan.
Law Enforcement Support.--Not later than 30 days after the
date of enactment of this Act and updated quarterly thereafter,
the Secretary shall provide a report to the Committees on all
requests to any law enforcement component of the Department of
Homeland Security for law enforcement support in the form of
personnel, aircraft, equipment, or any other assets, which
shall include each of the following for each requesting entity:
(1) the name of the entity;
(2) the purposes for which support is requested;
(3) the numbers of personnel and the categories and numbers
of assets requested;
(4) the duration of the requested support;
(5) whether the requested support was provided;
(6) the position of the departmental official who approved
providing such support;
(7) the dates and descriptions of any support provided;
(8) the cost of providing such support; and
(9) whether the support is subject to reimbursement by the
requesting entity.
These reporting requirements shall apply to requests from non-
federal law enforcement components and federal law enforcement
entities, including other such entities of the Department of
Homeland Security.
Office for Targeted Violence and Terrorism Prevention
(OTVTP).--The agreement includes the requested increases above
the fiscal year 2020 levels for targeted violence and terrorism
prevention activities across several accounts. Not later than
30 days after the date of enactment of this Act, OTVTP is
directed to brief the Committees on its plans for continuing
the local community awareness and training program and on the
goals for the grant program. The briefing shall address the
status of hiring regional coordinators; include a description
of all threats; describe how threats are communicated to SLTT
governments, the public, and the private sector; identify the
resources and training currently available to combat threats,
including terrorism prevention training materials; and describe
the progress in implementing the recommendations of the
Homeland Security Operational Analysis Center's Practical
Terrorism Prevention study.
The Department is directed to coordinate with the
Department of Justice, including the FBI, and key public safety
officials across the United States to promote information
sharing and ensure an effective joint effort to combat domestic
terrorism. The Department is also directed to review its anti-
terrorism training and resource programs for federal and SLTT
law enforcement agencies, with a focus on ensuring they are
effective in helping law enforcement agencies understand,
detect, deter, and investigate extremist attempts to infiltrate
law enforcement agencies.
Not later than 90 days after the date of enactment of this
Act, the Department is directed to brief the Committees on
Appropriations and Judiciary of the House and the Senate on its
assessment of the domestic terrorism threat, including
extremist efforts to infiltrate federal and SLTT law
enforcement agencies. The briefings shall also include an
analysis of acts or attempted acts of domestic terrorism in the
United States during fiscal year 2020.
Office of the Immigration Detention Ombudsman (OIDO).--OIDO
is reminded of the statutory requirements outlined in section
205 of title 6, United States Code, including the delivery of
an annual report on the office's activities, findings, and
recommendations, and a requirement that departmental personnel
work cooperatively with OIDO in support of its mission.
Outreach to Tribes and Rural Areas.--The Office of
Partnership and Engagement is directed to brief the Committees
not later than 90 days after the date of enactment of this Act
on its outreach efforts to rural communities and tribes in
support of the homeland security mission.
Outreach to Universities.--Within funds provided, the
Secretary is urged to expand outreach to universities,
including through establishing an advisory board of academic
institutions and associations.
Personnel Cost Adjustments.--Department-wide attrition and
hiring challenges in fiscal year 2020 reduced staffing levels
at the beginning of fiscal year 2021, leading to reduced
personnel funding requirements for the remaining months of the
fiscal year. As a result, the agreement includes personnel cost
adjustments across departmental components based on the most
recent information available to the Committees.
Pilot Programs.--The Secretary is directed to provide the
Committees with the following information for any new pilot or
demonstration program by a departmental component prior to its
initiation:
(1) objectives that are well-defined and measurable;
(2) an assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for and frequency of collecting such data;
and
(C) how such data will be analyzed;
(3) an implementation plan, including milestones, a cost
estimate, and schedule, including an end date; and
(4) a signed interagency agreement or memorandum of
agreement for any pilot or demonstration program involving the
participation of more than one departmental component.
Not later than 90 days after the date of completion of a
pilot or demonstration program, the Secretary is directed to
provide a report or briefing to the Committees detailing
lessons learned, actual costs, and any planned expansion or
continuation of the pilot or demonstration program. For
purposes of these directives, a pilot or demonstration program
is defined as a policy implementation, study, demonstration,
experimental program, or trial that is a small-scale, short-
term experiment conducted in order to evaluate feasibility,
duration, costs, or adverse events, and improve upon the design
of an effort prior to implementation of a larger-scale effort.
Programs, Projects, and Activities Structure.--The table at
the end of this explanatory statement adopts the department's
proposed consolidation of PPAs for the Office of the Secretary
and Executive Management (OSEM) for purposes of section 503
reprogramming notification requirements. The Department is
directed to continue to provide funding details at the level of
individual OSEM offices, however, to ensure continued
transparency for congressional oversight.
Public Reporting of Operational Statistics.--The Department
is directed to submit quarterly Border Security Status Reports
and data on the deportation of the parents of U.S.-born
children semiannually, as in prior years.
REAL ID.--The Office of the Secretary, in conjunction with
the Transportation Security Administration and other
appropriate components, should make every effort to support the
needs of states related to the REAL ID transition.
Records Management.--The Department is expected to maintain
records and respond to records requests according to the
requirements of section 552 of title 5, United States Code, for
information related to all detainees in the custody of the
Department, regardless of whether such detainees are housed in
a federal or non-federal detention facility. Records should
only be withheld from disclosure if the Department reasonably
foresees that disclosure would harm an interest protected by an
exemption described in section 552(b) of title 5, United States
Code, or is otherwise prohibited by law.
Response Strategy for Biological Threats.--As described in
the House report, the Secretary is directed to establish and
maintain a response strategy for biological threats that have
the potential to impact the ability of the Department to
execute or sustain its homeland security mission, and to
provide a briefing on the strategy to the Committees not later
than 120 days after the date of enactment of this Act.
State Police and Crime Labs.--The Department should
continue to work with state crime labs where available,
particularly in areas not adequately served by departmental
labs or other federal facilities, and to provide appropriate
assistance to state police crime labs to ensure federal
requirements do not burden state resources and to prevent the
accumulation of backlogs that can slow investigations. The
Department shall report annually on its use of, and
partnerships with, state crime labs, including an accounting of
funding associated with such partnerships.
Telephone Access.--In lieu of language in the House report,
DHS is directed to brief the Committees not later than 90 days
after the date of enactment of this Act, on its policies and
procedures for ensuring that individuals in its custody have
meaningful access to telephones and other modes of
communication. The briefing shall also include an update on
policies, procedures, and implementation of changes in response
to federal litigation related to telephone access for
detainees.
Tribal Consultation.--Within 180 days of the date of
enactment of this Act, the Department shall consult and work
with tribes to update the mandatory base level tribal training
course for DHS personnel, including full-time employees, part-
time employees, and contractors who have regular interactions
with tribal members or are likely to encounter tribal members
at their duty station.
Visa Overstays.--Consistent with section 1376 of title 8,
United States Code, the Department is directed to submit an
updated report outlining its comprehensive strategy for
overstay enforcement and deterrence not later than 180 days
after the date of enactment of this Act. The report shall
detail ongoing actions to identify aliens who have overstayed
their visas, including efforts to improve overstay reporting
capabilities; notify aliens in advance of their required
departure dates; track overstays for enforcement action; refuse
or revoke current and future visas and travel authorization;
and otherwise deter violations or take enforcement action.
Wildlife Trafficking.--The Secretary is directed to provide
an updated report, not later than 45 days after the end of
fiscal year 2021, describing the department's efforts to
address wildlife trafficking and the illegal natural resources
trade, including an accounting of the resources the Department
has dedicated to such activities and steps taken to improve
coordination with the U.S. Fish and Wildlife Service, Office of
Law Enforcement. The report shall include options for making
this information publicly and routinely available on an annual
basis.
FEDERAL ASSISTANCE
The agreement provides $25,000,000, including $20,000,000
for targeted violence and terrorism prevention grants and
$5,000,000 for an Alternatives to Detention case management
grant pilot program, to be transferred to FEMA for purposes of
administration.
Management Directorate
OPERATIONS AND SUPPORT
The agreement includes an overall reduction of $4,034,000
below the request associated with proposed awards spending
increases and personnel cost adjustments.
Budget Justifications.--The Department is expected to
provide complete justification materials for the fiscal year
2022 budget request, providing details for each office and
program and clearly describing and accounting for current
services, transfers, adjustments to base, and program changes.
The justifications shall continue to include the elements and
level of detail described in Senate Report 116-125.
In addition, the Chief Financial Officer is directed to
ensure that fiscal year 2022 budget justification materials for
classified and unclassified budgets of all components are
submitted concurrent with the President's budget submission to
the Congress.
Component Obligation Plans.--The Department shall continue
submitting obligation plans to the Committees on a quarterly
basis, consistent with direction provided in the explanatory
statement accompanying Public Law 114-113 and shall ensure that
such plans are connected to activity-level details in the
budget justification materials.
Counter-Unmanned Aerial Systems (CUAS).--The Department is
directed to include an estimate of DHS-wide CUAS funding, by
account and PPA, in the justification materials accompanying
the fiscal year 2022 budget request. In addition, within 60
days of the date of enactment of this Act, the Department shall
brief the Committees on its estimated funding needs, including
those not addressed within the fiscal year 2022 budget request,
for fiscal years 2022 through 2024 to research, test, acquire,
and deploy CUAS capabilities.
Cybersecurity Professionals.--Not later than 30 days after
the date of enactment of this Act, the Office of the Chief
Human Capital Officer, in coordination with the Office of the
Chief Information Officer (OCIO) and CISA, shall brief the
Committees on the status of meeting the department's
cybersecurity hiring goals and plans for developing
standardized metrics to ensure consistency in identifying
personnel skills and talents across the Department. The
briefing should also include recommendations on how the
qualification standards for IT-focused jobs can be regularly
updated to meet the department's needs.
Data Center Consolidation.--In addition to budget
justification materials and obligation plans, OCIO shall
provide semiannual briefings to the Committees on the execution
of its major initiatives and investment areas, including
details regarding cost, schedule, hybrid data center and cloud
solutions, and the transfer of systems to or from department
data centers or external hosts.
Hiring in Rural Communities.--Not later than 90 days after
the date of enactment of this Act, the Department is directed
to provide a report to the Committees on the challenges of
recruiting and retaining federal employees in non-contiguous
and rural states. The report shall include a clear description
of the obstacles related to using small businesses; information
about rates of attrition; the numbers of unfilled positions;
and the duration of time for which those positions have
remained vacant. The report shall also provide an assessment of
the effect these vacancies have on the ability of components to
accomplish their statutory and administrative responsibilities.
Office of Biometric Identity Management (OBIM) Semi-Annual
Briefings.--OBIM is directed to continue briefing the
Committees on a semiannual basis on its workload, service
levels, staffing, modernization efforts, and other operations.
Reception and Representation Expenses.--The Department
shall continue to submit quarterly obligation reports to the
Committees for all reception and representation expenses, as
required in prior years, and shall refrain from using reception
and representation funds to purchase collectibles or
memorabilia.
Small Unmanned Aerial Systems (sUAS) Procurement.--For any
acquisition of foreign-made sUAS using funds provided in this
Act, including grant funding, the Department shall require
certification that the acquiring entity has reviewed relevant
industry alerts and completed a risk assessment that considers
the proposed use of the foreign-made sUAS. The Department is
directed to conduct a review of domestically produced sUAS
alternatives and update guidance on the acquisition and use of
sUAS, as appropriate.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $144,655,000 below the request. The
total includes the requested amounts for headquarters lease
consolidations and decommissioning, improvements at Mt.
Weather, human resources technology, financial systems
modernization, the DHS Data Framework, personnel vetting and
identity management, and DHS OneNet. No funding is provided for
proposed headquarters consolidation activities at the St.
Elizabeths campus.
DHS Headquarters Consolidation.--Within 90 days of the date
of enactment of this Act, the Department shall provide to the
Committees an updated plan for the St. Elizabeths campus that
has been certified by the Secretary, to include cost savings
associated with the construction of new headquarters facilities
for the Office of Intelligence and Analysis and ICE.
Financial Services Modernization.--Within 90 days of the
date of enactment of this Act, OCFO shall brief the Committees
on the status of its financial services modernization programs,
including a multi-year plan for reaching full operating
capability with details on both cost and schedule.
Intelligence, Analysis, and Operations Coordination
OPERATIONS AND SUPPORT
The agreement reduces the request by $14,138,000. A total
of $82,620,000 is available until September 30, 2022.
Annual Budget Justification Materials.--The fiscal year
2022 budget justification materials for the classified budget
shall include the same level of detail required for other
appropriations and PPAs.
Intelligence Expenditure Plan.--The department's Chief
Intelligence Officer is directed to brief the Committees on the
fiscal year 2021 expenditure plan for the Office of
Intelligence and Analysis within 180 days of the date of
enactment of this Act. The plan shall include the following:
(1) fiscal year 2021 expenditures and staffing allotted for
each program as compared to fiscal years 2017 through 2020;
(2) all funded versus on-board positions, including FTE,
contractors, and reimbursable and non-reimbursable detailees;
(3) a plan for all programs and investments, including
dates or timeframes for achieving key milestones;
(4) allocations of funding within each PPA for individual
programs and a description of the desired outcomes for fiscal
year 2021; and
(5) items outlined in the classified annex accompanying
this explanatory statement.
Office of Inspector General
OPERATIONS AND SUPPORT
The agreement includes an increase of $12,407,000 above the
budget request for increased monitoring and oversight of border
security and immigration enforcement activities.
Acquisition Fraud.--Within the funding provided, OIG is
directed to continue and expand oversight related to
acquisition fraud.
Custody Operations Reporting.--OIG is directed to continue
its program of unannounced inspections of immigration detention
facilities and shall publish its final report regarding the
inspections within 180 days of the date of enactment of this
Act. The Inspector General shall ensure that the results of the
inspections and other reports and notifications related to
custody operations activities are posted on a publicly
available website.
TITLE I--ADMINISTRATIVE PROVISIONS
Section 101. The agreement continues a provision requiring
the Inspector General to review grants and contracts awarded by
means other than full and open competition and report the
results to the Committees.
Section 102. The agreement continues a provision requiring
the Chief Financial Officer to submit monthly budget execution
and staffing reports within 30 days after the close of each
month.
Section 103. The agreement continues a provision directing
the Secretary to require that contracts providing award fees
link such fees to successful acquisition outcomes.
Section 104. The agreement continues a provision requiring
the Secretary, in conjunction with the Secretary of the
Treasury, to notify the Committees of any proposed transfers
from the Department of Treasury Forfeiture Fund to any agency
at DHS. No funds may be obligated prior to such notification.
Section 105. The agreement continues a provision related to
official travel costs of the Secretary and Deputy Secretary.
Section 106. The agreement continues a provision requiring
the Secretary to submit a report on visa overstay data and to
post border security metrics on the department's website.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
OPERATIONS AND SUPPORT
(INCLUDING TRANSFER OF FUNDS)
The agreement reduces the request by $78,509,000. A total
of $500,000,000 is available until September 30, 2022. The bill
includes the following increases above the budget request:
$260,732,000 to sustain prior year initiatives and current
services; $20,000,000 for video recording equipment for Border
Patrol Stations; $25,000,000 for innovative technology;
$5,000,000 for tribal roads; $2,000,000 for rescue beacons;
$4,000,000 for carrizo cane eradication; $10,000,000 for port
of entry technology; $2,773,000 for analytics and modeling; and
$14,440,000 for body-worn cameras.
The agreement includes no funding for new Border Patrol
Agents or personnel hired above the baseline funded in fiscal
year 2020 and also includes the following reductions below the
budget request: $135,774,000 associated with personnel cost
adjustments and $17,600,000 proposed for recruitment and
applicant processing.
Antidumping and Countervailing Duties (AD/CVD).--CBP is
directed to continue reporting on AD/CVD, as required in Senate
Report 114-264 and as expanded in Senate Report 115-283.
Assessing Impact of Travel Restrictions on Border
Communities.--Businesses in states that depend on travel across
the border to obtain essential supplies are particularly
impacted by travel restrictions at land and sea ports of entry
(POEs). CBP is directed to consider the impact of travel
restrictions on families, businesses, and communities and
provide for reasonable exemptions to travel restrictions
mandated by federal, state, and local authorities. CBP is urged
to maintain regular communication with impacted stakeholders as
travel restrictions change or are updated.
Body-Worn Cameras.--CBP is directed to continue requiring
the use of fixed, vehicle, and body-worn cameras for officers
and agents in interactions with the public through its Incident
Driven Video Recording System program, which helps provide an
ac1050curate representation of law enforcement encounters while
allowing agents and officers to safely perform their duties.
CBP shall comply with department-wide policy on protecting the
privacy of both CBP law enforcement personnel and the public
and ensure appropriate infrastructure is in place to support
the use of body-worn cameras, including any associated storage
and video management system requirements. Within 90 days of the
date of enactment of this Act, CBP shall provide a plan to the
Committees, to also be made available on a publicly accessible
website, on the schedule for deploying body-worn cameras and
detailing relevant policies and procedures for the use of the
technology and retention of and access to video data.
Border Searches and Electronics.--In addition to direction
provided in House Report 116-458 related to searches of
electronic devices, CBP shall continue to follow direction
provided in Senate Report 116-125.
Border Security Deployment Program (BSDP).--CBP shall
provide the Committees a briefing within 120 days of the date
of enactment of this Act on the agency's plan to expand BSDP at
land ports of entry (LPOEs).
Continued Dumping and Subsidy Offset Act (CDSOA).--It is
concerning that the intent of Congress under CDSOA (Public Law
106-387) is being diluted by CBP's requests that domestic
industries that received prior, incorrect payments of collected
duties under CDSOA return those payments due to CBP's various
collections litigation setbacks, settlements, or administrative
errors. As most of these payments were made several years ago
and have been reinvested by the recipients, as CDSOA intended,
there are concerns that this policy is counter to the intent of
the statute. By recouping revenue paid to domestic companies
and assessing interest charges, CBP is counteracting the intent
to allow industries the opportunity to rehire and reinvest. CBP
is instructed to determine the impact of this practice on U.S.
producers and to notify the Committees prior to recouping such
payments or reducing future payments.
Craft Beverage Modernization Tax Reform Act.--The
Commissioner is directed to submit a study within 60 days of
the date of enactment of this Act detailing the number of
claims related to the Craft Beverage Modernization and Tax
Reform Act (Public Law 115-97) that remain outstanding for
2018; the interest owed on those claims as of January 1, 2020;
the rate at which those claims are being processed; and an
estimate of the total cost in interest payments for which the
Treasury will be liable should those claims continue to be
processed at the current rate. The Commissioner is further
directed to submit a study within 60 days of the date of
enactment of this Act of the estimated cost of upgrading its IT
systems that track imported goods to make them interoperable
with the IT systems of the Alcohol and Tobacco Tax and Trade
Bureau.
DeConcini Port of Entry.--CBP is directed to ensure it
monitors plans for repairing the Nogales International Outfall
Interceptor (IOI) so that repairs do not interfere with long-
term port operations and to provide technical assistance as the
IOI and related projects are completed, as appropriate.
Further, CBP is directed to provide a briefing within 180 days
of the date of enactment of this Act on its monitoring and
technical assistance efforts, including consultation with the
General Services Administration (GSA) or other stakeholders, to
ensure the strategies discussed adequately represent CBP's
interests, including officer safety and overall impact to port
operations.
Detecting Opioids in the Mail.--The Department is directed
to provide a report within 180 days of the date of enactment of
this Act on technologies developed through the Opioid Detection
Challenge and their potential impacts on CBP operations.
Deterring Illicit Substances.--CBP is encouraged to
continue efforts to leverage advanced capabilities to
accelerate progress in achieving screening goals to detect,
interdict, and deter the flow of illicit drugs and other
contraband at the POEs, to include radiation-free passive cargo
scanning technology. CBP is also encouraged to obtain portable
chemical screening capabilities to detect the presence of
fentanyl and other narcotics, including lab equipment,
decontamination solutions, personal protective equipment, and
other consumables, and by increasing the number of scientists
at POEs and express consignment facilities to rapidly interpret
screening test results.
Expansion of Arizona and New Mexico Border Zone Travel.--
Under current policy, eligible Mexican nationals can travel in
certain areas of Arizona and New Mexico for up to 30 days. With
CBP increasing security due to the recurrent vetting of
travelers, this policy focuses on efficiencies and has shown
both a decrease in costs to CBP and an increase in revenue to
local economies in those states as a result of additional
opportunities for freedom of movement. CBP is encouraged to
initiate a pilot program to expand travel opportunities to the
entire State of Arizona and State of New Mexico. The pilot
should not change who would be eligible for a visa, the
duration of each visit, or the method of entry. CBP shall
provide a briefing to the Committees within 60 days of the date
of enactment of this Act on the status of the pilot program,
which shall include identifying any applicable statutes,
federal rules, or regulations that would require revision to
carry out the program and ensure compliance.
Gordie Howe International Bridge.--Within 60 days of the
date of enactment of this Act, CBP shall provide the Committees
with a report on the agency's plan to staff the Gordie Howe
International Bridge POE. The report shall include information
on the anticipated staffing timeline; the full staffing
requirement; the actual staffing level CBP expects to achieve
and maintain, delineated by officers and other staff; plans for
recruitment of new personnel and the transfer of existing
personnel to the POE; and any other information deemed relevant
by CBP in order to ensure the POE becomes fully operational
according to the current schedule.
Great Lakes Cruise Vessels.--CBP is directed to continue
working with Great Lakes seaports, cruise vessel operators, and
other stakeholders to develop a regional cruise passenger
clearance plan and shall continue using mobile onboard
passenger clearance technology until such plan is implemented.
Not later than 180 days of the date of enactment of this Act,
CBP shall provide a report to the Committees on the screening
practices for Great Lakes and inland seaports, which shall
include:
(1) current screening capability;
(2) a threat assessment for containerized and non-
containerized cargo;
(3) the types of cargo received by each port, delineated by
ownership by either CBP, state or local port authority, or
private entity;
(4) current cost-sharing arrangements for screening
technology or service to the port;
(5) which ports are outside the jurisdiction or area of
responsibility for each Field Office; and
(6) details on Field Office responsibilities for ports
outside of their jurisdiction.
The report shall be submitted in an unclassified form, to
the maximum extent possible, but may include a classified
portion, if necessary.
Holding Facility Length of Stay.--In lieu of direction in
the House Report, CBP shall notify the Committees within 24
hours of any instance in which any child is held in a single
CBP holding facility, centralized processing center, or
temporary or soft-sided facility for more than three days or
spends more than a total of six days in CBP custody. Within 60
days of the date of enactment of this Act and weekly
thereafter, CBP shall update the Committees on the number of
detainees currently being held by CBP for longer than 48 hours
in Border Patrol stations, POEs, humanitarian care centers, and
centralized processing centers, and for longer than 72 hours in
temporary or soft-sided facilities. This update shall be posted
on a publicly available website.
Improving Cargo Security and Examinations.--Within 180 days
of the date of enactment of this Act, CBP shall provide the
Committees with a report on the resources needed to increase
the percentage of cargo inspected upon entry to the United
States every year.
Information Technology Enhancements.--Within 90 days of the
date of enactment of this Act, CBP shall provide the Committees
with the agency's plan to migrate remaining software
applications to the cloud, including the estimated costs and
savings relating to the migration.
Land POE Hours of Operation.--In addition to direction in
House Report 116-458, CBP is urged to conduct a robust
analysis, to include economic impacts, prior to any reduction
in hours of operations. CBP is urged to provide proposals to
the Committees aimed at improving the recruitment and retention
of CBP personnel at remote northern border POEs to sustain
appropriate operating hours. To assist with the challenges
relating to operating hours, CBP is directed to establish a
pilot program for the co-location of CBP and Canada Border
Services Agency border agents at remote LPOEs, which will meet
both agencies' requirements, maintain border security, and
reduce costs.
Law Enforcement Suitability Analysis.--CBP shall follow the
directives in Senate Report 116-125 and House Report 116-180,
regarding the Law Enforcement Suitability Analysis and
associated reporting requirements and polygraph waiver
reporting, respectively.
Mission Support Contracting.--CBP is again directed to
provide an inventory of all Enterprise Services PPA contracts,
organized by category, and a plan to reduce current duplication
in contracting to leverage economies of scale.
Non-Mission Duties.--Not later than 30 days after the date
of enactment of this Act, CBP shall submit to the Committees a
detailed report on:
(1) the total number of Border Patrol agents or CBP
officers carrying out non-mission duties, broken out by detail
and adjutants;
(2) the identification of the funding sources associated
with non-mission duties;
(3) the rationale for CBP personnel to perform non-mission
duties and the duration they are expected to perform those
duties;
(4) a detailed description of all required training for
Border Patrol agents and CBP officers in order to carry out the
non-mission duties; and
(5) the identification of any impacts to CBP's mission due
to agents and officers carrying out non-mission duties.
Northern Border Strategy Implementation Plan.--Within 90
days of the date of enactment of this Act and quarterly
thereafter, CBP shall brief the Committees on the status of the
Northern Border Strategy Implementation Plan, including whether
the fiscal year 2019 milestones have been achieved, the status
of the fiscal year 2020 milestones, and for milestones that
have not been achieved, detailed justifications for the
shortfall. Further, future budget requests shall detail
specific northern border staffing and technology requirements
and request specific funding for implementation of planned
northern border enforcement initiatives enumerated in the
analysis.
Operational Impact of Border Patrol Processing
Coordinators.--The agreement provides $20,000,000 for new
Border Patrol processing coordinators. Within 90 days of the
date of enactment of this Act, CBP shall provide a briefing to
the Committees on the status of Border Patrol processing
coordinator hiring, including the number of Border Patrol
agents returned to the field as a result of such hires, the
measures the agency is using to assess the costs and benefits
of this position, and a summary of all training and
certifications required for coordinators. Future funding
requests for coordinator positions shall be accompanied by
descriptions of the expected operational impacts from
additional investments.
Prevent Abduction Program.--Within 180 days of the date of
enactment of this Act, CBP is directed to brief the Committees
on the status of the Prevent Abduction Program, including: (1)
the total hours of training CBP officers receive on the issue
of international parental child abduction; (2) the cumulative
number of children enrolled in the program and the number of
children enrolled in the preceding fiscal year; (3) the number
of children enrolled in the program who, despite their
enrollment, were removed at an air POE, if any; and (4) the
identification of additional resources needed to ensure
children are not removed from the United States in violation of
a valid state court order.
Prioritizing Resources, Applying Analytics, and Integrating
Budget Requests.--Appropriately resourcing the varied and
complex missions of CBP requires a clear understanding of the
level of effort supported by CBP's base budget and how changes
in personnel, equipment, and other assets are expected to
impact mission performance. This requires the development of
robust workload staffing models. To better understand how
congressional investments in border security impact
requirements for Border Patrol agents, Border Patrol processing
coordinators, and other mission support staff, CBP is again
directed to develop a comprehensive workload staffing model.
In addition, CBP can use predictive analytics to forecast
how both internal policy changes and external actions are
likely to impact resource needs. Whether projecting changes in
legitimate travel and trade to the United States or estimating
the flow of people and illicit items across our borders, the
use of predictive analytics will improve the agency's ability
to respond to changing circumstances in a timelier and more
cost-effective manner. Without such analyses, CBP and the
Department are unable to clearly demonstrate the value of
additional resources and the Committees are limited in their
ability to make informed decisions. CBP is directed to
prioritize and execute the following:
(1) Quantify operational capabilities supported by CBP's
base budget and identify gaps.
(A) CBP shall brief the Committees bimonthly on efforts to
evaluate CBP-wide workload, capabilities, assets, and human
resource capabilities and gaps and to use the results of the
quarterly analyses to support future budget requests.
(2) Apply analytics and modeling tools to further inform
resource needs.
(A) Within 45 days of the date of enactment of this Act,
CBP shall provide a briefing to the Committees on a plan to
incorporate predictive analytics into planning and budgeting
processes.
(B) Within 90 days of the date of enactment of this Act,
CBP shall provide a briefing to the Committees on the
development of a Border Patrol workload staffing model that
demonstrates the impact that existing and potential resources
are expected to have on personnel needs.
(C) Within six months of the date of enactment of this Act,
CBP shall provide a report detailing the model and the process
that CBP used to create and validate the model. The report
shall include:
(i) steps and associated timelines taken to create the
model and resources used to develop it;
(ii) data sources and methodology used to generate the
model;
(iii) actions taken to independently verify the model; and
(iv) a plan for periodically updating and improving upon
the model, including the incorporation of new technology
investments and associated force multiplier effects; and
changes in programs and processes, air and marine assets, and
deployment of additional surveillance technologies.
(3) Integrate data into future budget requests.
(A) CBP shall begin using the data described above to
strengthen and connect requests for resources. To date, the
Congress receives individual requests for funding and must
assess and fund these requests as stand-alone budget proposals
with limited justifications that do not take into account the
relationships between these investments. CBP is directed to
include with any requests for new funds the following
information as part of detailed budget justifications:
(i) a description of the relationship between investments;
(ii) data on how a change in one investment may impact
another; and
(iii) how the investments will impact the measures used to
assess performance improvements.
(B) CBP is directed to provide a briefing within 60 days of
the date of the enactment of this Act on how the agency will
comply with this requirement.
Queue Management at POEs and Data on Asylum Seekers.--CBP
shall follow the direction in Senate Report 116-125 regarding
reporting on queue management at POEs. In addition, CBP is
directed to include data within its monthly southwest migration
reports detailing the number of individuals claiming fear or
attempting to claim a fear of return to their home country.
While CBP has provided annual statistics on the number of
``credible fear apprehensions'' and ``credible fear
inadmissibles,'' under this new directive, CBP shall
disaggregate this data such that individuals claiming credible
fear are not included within or counted towards either the
``apprehensions'' or ``inadmissibles'' statistics.
Rebuttable Presumption.--Not later than 180 days after the
date of enactment of this Act, CBP shall provide a report to
the Committees on the benefits and risks of a rebuttable
presumption of evasion for a commercial entity in the context
of customs law where there was a prior CBP finding of evasion
from the same entity.
Recruitment, Hiring, and Retention.--Within 180 days of the
date of enactment of this Act, CBP shall brief the Committees
on its efforts to improve hiring and retention by all of its
law enforcement components. CBP shall prioritize and continue
efforts to use available incentives to recruit and retain
employees in rural and remote areas and explore other
strategies, such as innovative pilot programs that include
successful strategies from the private sector, career path
enhancements, alternative schedules, and workforce support
programs.
Reporting Requirements.--CBP shall follow the direction
provided in Senate Report 116-125 on the following items:
(1) Combatting Transshipment;
(2) Combatting Transportation of Firearms and Illicit
Funds;
(3) Strengthening Capabilities at International Mail and
Express Consignment Facilities;
(4) Field Operations Staffing;
(5) Northern Border LPOEs and Maritime POEs;
(6) Agricultural Inspections;
(7) Reimbursable Services Programs;
(8) Harmonized Commodity Description and Coding System; and
(9) Preclearance and Beyond the Border Action Plan.
Reporting Requirements for Deaths in Custody.--In addition
to direction in the House Report, CBP shall ensure that agents
have sufficient training to carry out the CBP Interim
Procedures on Notifications on Deaths in Custody issued on
December 17, 2018.
Not later than 90 days after the submission of the report
on migrant deaths described in the House Report, the
Comptroller General of the United States shall review such
report and provide a preliminary briefing to the Committees on
the following:
(1) the validity of CBP's statistical analysis of migrant
deaths;
(2) the extent to which CBP has adopted simple and low-cost
measures, such as rescue beacons, to reduce the frequency of
migrant deaths;
(3) the extent to which CBP measures the effectiveness of
its programs to reduce the frequency of migrant deaths; and
(4) the extent of data and information sharing and
cooperation among CBP, local and state law enforcement
agencies, foreign diplomatic and consular posts, and non-
governmental organizations to accurately identify deceased
individuals, notify family members, and compare information to
missing persons registries.
The remains of thousands of women, men, and children have
been found along migrant border crossing routes and thousands
more are believed to lie unrecovered. CBP is encouraged to
expand engagement with its state and local counterparts and
non-governmental organizations to address this humanitarian
challenge.
Short-Term Detention.--In addition to direction in the
House Report concerning medical care, CBP shall ensure that
appropriate medical supplies are made available to each Border
Patrol agent with an Emergency Medical Technician or paramedic
certification and to each Border Patrol sector, including all
remote stations and forward operating bases. In developing the
appropriate list of medical supplies required, CBP shall
consult with and consider recommendations from national
organizations with expertise in emergency medical care,
including emergency medical care of children, and the DHS Chief
Medical Officer. However, this direction should not be
construed to interfere with the rights obtained or obligations
owed by any federal consent decree. CBP shall brief the
Committees not later than 180 days after the date of enactment
of this Act on the plan to implement the updated medical
guidance.
Solid Sodium Cyanide Briquettes.--The Secretary, in
coordination with the Environmental Protection Agency
Administrator and the Secretary of the Department of
Transportation, shall conduct an investigation of the national
security, health, and safety implications of imports of solid
sodium cyanide briquettes. The study shall include: (1) an
evaluation of current industrial standards for safety,
shipping, storage, and security; (2) whether such imports
comply with these existing standards; and (3) recommendations
for improved standards.
Specialty Units.--Within 180 days of the date of enactment
of this Act, CBP shall report to the Committees on the status
and needs of all specialty units within each sector and
department-wide. The report shall provide, at a minimum, a
description of: (1) the specialty unit composition and quantity
of membership, baseline capabilities, and training; (2) any
needs of specialty units, including horses and off-road
vehicles, training, or other capabilities; and (3) any other
resource needs as applicable. For purposes of this section,
``specialty unit'' shall mean, any horse patrol unit, tactical
or rescue unit, or bike or boat patrol unit.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $441,726,000 below the budget
request.
The bill includes the following increases above the
request: $95,000,000 for border security technology, to include
$20,000,000 for innovative technology, of which not more
than$5,000,000 may be available for any single innovative technology
project; $52,267,000 for two multi-role enforcement aircraft for a
total of three when including one aircraft recently purchased with
program savings; $28,400,000 for lightweight helicopters; $3,000,000
for design of the Houlton Border Patrol Station; and $12,000,000 for
the Advanced Training Center (ATC).
In lieu of the funding level requested in the President's
budget proposal, the bill provides: $10,000,000 for the Unified
Immigration Portal and $1,375,000,000 for barrier system.
Funding for small UAS, the Border Enforcement Coordination
Network, non-intrusive inspection (NII) equipment and remote
video surveillance may be funded from within the funding
provided for border security technology.
Border Security Technology.--CBP is directed to reallocate
existing funding, as appropriate, to ensure technology is
deployed at the locations where it will have the greatest
impact on CBP's ability to identify and interdict illicit
activity and to ensure an appropriate amount of technology is
piloted, tested, and deployed along the northern border. CBP is
directed to provide a briefing to the Committees on the results
of the small unmanned aerial systems pilot program within 120
days of the date of enactment of this Act. The briefing should
include recommendations regarding applications and operations
procedures for future implementation and the needed training
and certification processes required to support the Border
Patrol. Additionally, CBP is directed to provide a briefing
within 60 days of the date of enactment of this Act on issues
relating to CBP's waiver of the requirements of the Religious
Freedom Restoration Act and the use of eminent domain in the
border region.
Construction and Facility Improvements.--The bill provides
$142,390,000 for priority facility needs on the northern and
southern borders. Of this amount, $100,000,000 funds the
request for replacing Border Patrol stations, including
stations in Niagara Falls and Champlain, New York.
Additionally, $3,000,000 shall be used for planning and design
purposes to replace the current Border Patrol station in
Houlton, Maine. The agreement provides $27,399,000 to design
and construct a new air unit in Laredo, Texas as requested. The
agreement also provides $12,000,000 for an instructional design
and distance learning center facility at the ATC. Additionally,
CBP is applauded for its action to leverage federal investments
previously made in Summit Point, West Virginia, and it is noted
that CBP plans to use $3,300,000 from existing funding to
support the transition of programs to the space vacated by the
Department of State.
High-Altitude Pseudo Satellites.--CBP is directed to
provide a briefing to the Committees on the results of the
high-altitude pseudo satellites pilot program within 90 days of
its completion.
LPOEs.--CBP shall provide to the Committees its annual
report prioritizing facility needs at LPOEs with the annual
budget submission. CBP shall continue to work with GSA and the
Office of Management and Budget on this five-year strategy to
modernize POEs, paying special attention to the health, safety,
and welfare needs of CBP officers and focusing on facilities
where reconfiguration or upgrades will improve the flow of
local traffic and allow local residents to move more freely in
their own communities.
Additionally, CBP shall provide a detailed report and
timeline, within 90 days of the date of enactment of this Act,
for the Blue Water Bridge Plaza expansion project. This report
shall align with the annual LPOE priority report and should
explain how CBP will engage with state and local entities and
the specific milestones and timeline for the project's
completion.
NII Equipment Funding Execution.--Within 90 days of the
date of enactment of this Act, CBP shall provide a briefing to
the Committees on the execution plans for all NII funds,
including an acquisition and deployment schedule for achieving
maximum NII coverage in pre-primary lanes along the Southwest
border and projections of associated performance improvements.
CBP is further directed to brief the Committees on a monthly
basis on the obligation of funds for NII acquisition.
Revenue Modernization.--Within 120 days of the date of
enactment of this Act, CBP shall update the Committees on the
percentage of all collections at each POE that have been
transitioned to automated electronic systems, along with the
cost of transition.
U.S. Immigration and Customs Enforcement
OPERATIONS AND SUPPORT
Assumed in the agreement funding level are the following
increases above the budget request: $5,500,000 for the Human
Exploitation Rescue Operative (HERO) Child-Rescue Corps;
$3,100,000 to expand the Immigration and Customs Enforcement
(ICE) employee safety program; $3,165,000 to address ICE's
Freedom of Information Act (FOIA) backlog; $110,000,000 to
expand the Alternatives to Detention (ATD) program and related
case management services; and $11,542,000 to sustain prior year
initiatives.
The agreement does not include the proposed use of
$112,287,000 from the Immigration Examination Fee Account
(IEFA) to reimburse costs in the ICE Operations and Support
account.
Continuation of Prior-Year Requirements.--ICE shall
continue to follow the directives under the following headings
in Senate Report 116-125, according to the previously directed
timeframes, reporting requirements, and guidance:
(1) Cyber Crime Investigative Capabilities and Staff
Development;
(2) Detention Standards; and
(3) Reporting Requirements.
Expenditure and Operations Plan Requirements.--Despite the
increased funding provided for the Office of the Chief
Financial Officer in the fiscal year 2020 appropriation, the
Department and ICE failed to comply timely with the
requirements set forth in the explanatory statement
accompanying Public Law 116-6 and reiterated in Public Law 116-
93 regarding detailed operational and spending plans for fiscal
years 2019 and 2020, respectively. While ICE has recently
improved its efforts, significant work remains. The Department
and ICE are again directed to fulfill such requirements for
fiscal year 2021, to include greater detail on all funding
initiatives and programs of significant public interest,
including detention-related funding and contracting terms.
Fiscal Accountability.--ICE is reminded of the importance
of fiscal discipline and transparency in the way it obligates
and spends its resources and is encouraged to use section 503
authority prudently. ICE must operate within the funding levels
provided by Congress. Notifications of proposed transfers or
the reprogramming of funds shall be accompanied by transparent
and publicly available evidence that a need for contingency
funds are a result of circumstances that are truly beyond ICE's
control. ICE is directed to continue the policy of fully
reimbursing the costs and expenses associated with agreements
entered into with other entities, including federal agencies,
to house ICE detainees.
Immigration Data Improvements.--The agreement provides the
requested increase of $1,000,000 for the Unified Immigration
Portal. ICE is directed to continue collecting data on
enforcement activities both along the borders and in the
interior of the United States to improve operational
transparency and resource allocation decisions.
Records Management.--The agreement provides an increase of
$3,165,000 above the request to address ICE's backlog of FOIA
requests. The Department is expected to maintain records and to
respond to records requests, consistent with the requirements
of section 552 of title 5, United States Code, for information
related to all detainees in the custody of the Department,
regardless of whether such detainees are housed in a federal or
non-federal detention facility. The Department should not
withhold records from disclosure unless it reasonably foresees
that disclosure would harm an interest protected by an
exemption described in section 552(b) of title 5, United States
Code, or is otherwise prohibited by law.
HOMELAND SECURITY INVESTIGATIONS
Child Exploitation Investigations Unit (CEIU).--Within the
total amount provided for HSI, not less than $21,000,000 shall
be for activities in support of the CEIU.
Counter-Proliferation Investigations Center (CPIC).--The
agreement sustains $12,000,000 for the CPIC. ICE shall brief
the Committees on the CPIC's efforts to prevent sensitive U.S.
technologies and weapons from reaching terrorists, criminal
organizations, and foreign adversaries by not later than 120
days after the date of enactment of the Act.
Forced Child Labor.--The agreement provides not less than
$15,770,000 for investigations and other activities related to
forced labor law violations, to include forced child labor. ICE
shall submit to the Committees an annual report on the
expenditures and performance metrics associated with such
activities.
HERO Child-Rescue Corps Program.--ICE is directed to brief
the Committees not later than 180 days after the date of
enactment of this Act on the status of the HERO apprenticeship
program.
HSI Workforce.--The agreement provides $8,800,000 above
fiscal year 2020 levels for increased HSI staffing.
Human Rights Violators.--The agreement provides $5,300,000
for the Office of the Principal Legal Advisor's Human Rights
Law Section and for the Human Rights Violators and War Crimes
Unit for training, transportation, and other related
activities. ICE is directed to continue its efforts to
investigate, remove, and prosecute individuals who have
committed human rights abuses, including persecution, genocide,
severe violations of religious freedom, torture, extrajudicial
killing, use or recruitment of child soldiers, crimes against
humanity, or war crimes. ICE shall report to the Committees not
later than 180 days after the date of enactment of this Act on:
(1) the total number of prosecutions and investigations of
human rights offenses and other offenses committed and their
outcomes, delineated by serious human rights violators within
each of the last five fiscal years; (2) efforts to increase the
number of human rights investigations and prosecutions; and (3)
any organizational, resource, or legal impediments to
investigating and prosecuting more human rights violators.
Intellectual Property Rights Enforcement.--The bill
provides not less than $15,000,000 for intellectual property
law enforcement through HSI and the National Intellectual
Property Rights Coordination Center.
International Investigations and Visa Security Program.--
The bill sustains prior-year investments in overseas operations
to interrupt illicit activity prior to its arrival in the
United States.
International Megan's Law.--The bill sustains prior-year
investments to continue the implementation of International
Megan's Law.
Opioid Investigations.--The bill sustains prior-year
investments in HSI's opioid enforcement activities, for a total
of over 760 personnel, including investigators, intelligence
analysts, and necessary support staff.
Tactical Intelligence Center.--ICE is directed to brief on
efforts to enhance the capacity of the Tactical Intelligence
Center not later than 90 days after the date of enactment of
this Act.
ENFORCEMENT AND REMOVAL OPERATIONS
287(g) Agreements.--ICE is directed to publish applications
for new or renewed 287(g) agreements on its website at least
eight weeks prior to entering into any such agreement. In
addition, ICE shall ensure thorough vetting of 287(g)
applicants to minimize detention conditions that do not fully
comply with Performance-Based National Detention Standards and
Prison Rape Elimination Act standards.
Access to Due Process.--Not later than 90 days after the
date of enactment of this Act, ICE is directed to provide a
report to the Committees on overall access for attorneys and
detainee representatives to ICE facilities. The report shall
include the number of legal visits that were denied or not
facilitated and the number of facilities that do not meet ICE
standards for attorney/client communications. ICE is directed
to make detention facility contact information and information
regarding facility legal accommodations available on the ICE
public website.
ATD and Case Management Services.--The agreement provides
$440,122,000 for ATD, a net increase of $86,181,000 above the
request, including the following adjustments: a reduction of
$1,815,000 for personnel cost adjustments; a reduction of
$22,004,000 associated withproposed hiring; an increase of
$85,000,000 to expand the program; and an increase of $25,000,000 to
expand participation in case management services provided by non-
governmental organizations and community partners.
In recognition of ICE's significant lack of referral
approvals for enrollment into existing case management services
provided by non-governmental organizations and community
partners, the agreement includes funding through the Office of
Civil Rights and Civil Liberties (OCRCL) within the Office of
the Secretary and Executive Management for a case management
services grant pilot program to be executed by nonprofit
organizations and local communities. With the grants expertise
support of the Federal Emergency Management Agency (FEMA), the
pilot will be managed by a national board, similar to the
Emergency Food and Shelter program, and chaired by the Officer
for Civil Rights and Civil Liberties. Not later than 60 days
after the date of enactment of this Act, OCRCL shall brief the
Committees on:
(1) progress toward establishing a national board with
experience in executing federal grant funding and providing the
relevant case management services;
(2) the planned requirements and assessment criteria for
making grant awards;
(3) the locations in which the pilot will operate; and
(4) the planned metrics for evaluating the program.
At the completion of the program, OCRCL shall provide a
report to the Committees with recommendations for providing ATD
case management services.
Not later than 60 days after the date of enactment of this
Act, ICE, in collaboration with OCRCL and the Privacy Office,
is directed to develop a process for complying with the
requirements and intent of the case management pilot program.
ICE shall ensure that any individual released from ICE custody
on parole, bond, or into the ATD program who resides in an area
covered by the pilot program is made aware of these case
management services and is referred for services unless they
formally decline such services in writing. ICE shall also
provide relevant contact and case file information for such
individuals to the grantee servicing the area where such
individuals reside. These requirements shall also apply for
anyone residing in such area who is enrolled in the ATD program
as of the date of enactment of this Act.
ICE shall provide information describing this process to
FEMA, the national board responsible for administering the
pilot grant program, and each grant recipient. To ensure
compliance with congressional intent, FEMA, ICE, OCRCL, and the
Privacy Office are directed to jointly brief the Committees on
this process prior to its execution. In any area not actively
served by the pilot program, ICE shall continue to use its
resources to provide case management services.
ICE shall continue to brief the Committees on any ATD
contracts it awards under this program, including contracts
involving the ``Know Your Rights'' program for new
participants. In addition, ICE is directed to continue
exploring the use of ATD models on an ongoing basis;
prioritizing the use of such detention alternatives for
immigrant children and their families, when appropriate; and
seeking the release of individuals and their family members who
pass credible fear screening and do not present a public safety
or flight risk.
ICE shall continue to publish annually the following
policies and data relating to ATD: guidance for referral,
placement, escalation, and de-escalation decisions; enrollment
by Field Office; information on the length of enrollment broken
down by ATD type; and a breakdown of enrollment by type and
point of apprehension.
ICE shall consider enrollment referrals from non-
governmental organizations (NGOs) and community partners, and
actively collaborate with these organizations to establish
criteria for such referrals, guidelines for submission, and
criteria for how ICE will consider such enrollment referrals.
ICE shall submit a report to the Committees on progress in
establishing these guidelines within 60 days of the date of
enactment of this Act and quarterly thereafter until the
guidelines are finalized. ICE shall submit an annual report on
the number of referrals submitted by NGOs and the number of
such referrals accepted into ATD programs that utilize case
management programs.
Finally, Congress appropriated $4,000,000 for ICE in fiscal
year 2020 to fund an independent review of the ATD program. ICE
is reminded of the requirement that the review and analysis be
informed by discussions with government officials, current
program operators, non-governmental immigration policy
stakeholders, and current participants in the program, and by
reviewing similar programs in other countries. Not later than
60 days after the date of enactment of this Act, the Secretary
shall submit a report to the Committees providing an analysis
of each active program within the last five years funded
through the ATD PPA. This report shall include data regarding
compliance with court appearances, immigration appointments,
and removal orders; cost per individual served; and response
times by ICE or an ATD contractor for participant requests for
help in seeking legal counsel, family contact, and medical
treatment, including mental health services.
Detainee Forms.--ICE is directed to make every reasonable
attempt to provide forms to detained persons in a language in
which the person is conversant, beginning with the forms that
detained persons must sign. Not later than 120 days after the
date of enactment of this Act, ICE is directed to brief the
Committees on the status of this effort, including updates on
translation for each form type, whether additional resources
are needed to achieve this directive, and the steps ICE is
taking to ensure that such detained persons fully understand
the content of any form they are requested to sign or are
given.
Detention Facility Inspections.--Not later than 60 days
after the date of enactment of this Act, ICE is directed to
report on its progress in transitioning to routine, semiannual
inspections by the Office of Detention Oversight and the
process for complying with section 215 of this Act. ICE shall
report the results of those inspections on a public facing
website within 60 days of each inspection, as required for
inspection reports in fiscal year 2020.
Expulsions Data.--ICE is directed to report to the
Committees on a weekly basis the total number of persons who
were, or are, in the physical custody of ICE at any time during
the preceding week for the purposes of expulsion pursuant to
the Order Suspending Introduction of Certain Persons from
Countries Where a Communicable Disease Exists, which was first
issued by the Department of Health and Human Services (HHS) on
March 20, 2020, or any subsequent policy requiring expulsions,
including such individuals' age, nationality, and time in
custody.
Healthcare Costs for Immigrants in Detention.--ICE is
directed to provide an annual report on the cost of
administering healthcare, including mental health or
preventative services, in the detention system. The report
shall include all sources of funding utilized to provide
healthcare services to individuals in custody, including all
such funding provided by HHS under the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136), other federal
agencies, or state, local, or private sources of funding. The
report shall include the number of instances when detainees
were transported to hospitals, emergency rooms, or other
healthcare facilities and shall note instances of serious
medical or mental health conditions, pregnancy, disability, or
positive or presumptive cases of communicable diseases
impacting more than 100 detainees, along with antibody positive
cases for diseases when such tests are available. Further, the
report shall detail the number and type of position of medical
personnel, including pediatric medical professionals, and
mental health staff at each ICE detention facility and note any
position that has been vacant for 30 or more days.
Immigration Enforcement at Sensitive Locations.--ICE is
directed to follow its policy regarding enforcement actions at
or near sensitive locations, including courthouses, and is
encouraged to examine the impacts of expanding the policy to
additional locations not currently included, such as school bus
stops or other locations where children congregate; USCIS
offices; mental health, emergency, and social services centers;
and other locations where community impacts should be balanced
against ICE law enforcement interests.
Further, ICE is directed to provide its officers with
guidance and training for engaging with victims and witnesses
of crime, including victims of domestic violence, and to
strengthen policy guidance on enforcement actions in or near
sensitive locations, including courthouses, in order to
minimize any effect that immigration enforcement may have on
the willingness and ability of victims and witnesses to pursue
justice.
Kiosks for Non-Detained Appearances.--ICE is directed to
continue its program to enable certain aliens on the non-
detained docket to report via self-service kiosks. The
agreement provides not less than $3,000,000 for this program.
Know Your Rights.--Not later than 30 days after the date of
enactment of this Act, the Director of ICE shall brief the
Committees on a plan to provide a Know Your Rights presentation
to individuals placed in expedited removal proceedings after
presenting at a land port of entry if such individuals claim
asylum or otherwise express a fear of persecution. Such
presentations should be delivered in a language in which the
individuals are conversant and should include written
materials.
Law Enforcement Support Center (LESC).--The agreement
provides not less than $34,500,000, as requested, to support
the authorized level of 248 full-time law enforcement
specialists and officers at the LESC, which serves a critical
function in federal efforts to identify and locate undocumented
immigrants with serious felony records. ICE is directed to take
steps to ensure that current LESC operations remain centralized
at the current facility and are not unnecessarily duplicated in
other parts of the country. The Department is also directed to
notify the Committees prior to the reallocation of any
resources currently intended for LESC operations in Vermont; it
is expected that no such reallocation will be made without the
concurrence of the Committees. ICE is reminded of the LESC
reporting requirement in the Joint Explanatory Statement
accompanying the Consolidated Appropriations Act, 2019 (Public
Law 116-6).
Mobile Criminal Alien Teams.--ICE is directed to continue
operating Mobile Criminal Alien Teams and to brief the
Committees not later than 90 days after the date of enactment
of this Act if additional teams are required to identify and
remove violent criminal aliens.
Pregnant Women.--ICE is directed to provide semiannual
reports on the total number of pregnant or lactating women in
ICE custody, including detailed justification of the
circumstances warranting each such detainee's continued
detention and the length of detention. These anonymized reports
shall be made publicly available on the ICE website.
Private Immigration Bills.--In May 2017, ICE changed its
long-standing policy of providing a temporary stay of removal
for individuals who are the subject of a private immigration
bill introduced in Congress when the Chair of the House or
Senate Committee on the Judiciary, or appropriate subcommittee,
submits a request for an investigation report on that
individual. ICE is reminded that the prior process was the
direct result of negotiations between the Executive and
Legislative branches of government and was bipartisan.
Accordingly, ICE is directed to brief the Committees, not later
than 180 days after the date of enactment of this Act, on its
policy for responding to official requests for reports on
individuals for whom private immigration bills have been
introduced in the House or Senate. The briefing shall include a
detailed explanation for ICE's abrupt change in policy and
specify any documentation related to the prior policy,
including but not limited to all Memoranda of Understanding
between Congress and ICE or the legacy Immigration and
Naturalization Service.
Protecting Victims and Witnesses of Crime.--By not later
than 180 days after the date of enactment of this Act, ICE
shall report on steps taken to minimize the effect of
immigration enforcement activity on crime victims and
witnesses.
Reducing Average Length of Stay.--ICE is directed to work
with federal partners, including those within the Department of
Justice and HHS, to ensure that individuals in civil detention
are treated fairly and safely while expeditiously moving
through the immigration enforcement process and to brief the
Committees quarterly on process improvements and coordination
efforts.
Sex Offender Release Notifications.--The agreement provides
$2,000,000 to identify potential information gaps within the
Sex Offender Registration and Notification Act (PublicLaw 109-
248) exchange portal and to address these gaps in a manner that ensures
that data on ICE detainees with sex or violent offender records are
provided in real time to jurisdictions where such detainees will
reside.
Student and Exchange Visitor Program.--ICE is expected to
continue its guidance issued on March 13, 2020, with respect to
the maintenance of or eligibility for international student
nonimmigrant status, and is urged to include applications for
nonimmigrant status under subparagraph (F) or (M) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)).
Mission Support
Radios.--ICE is directed to brief the Committees not later
than 90 days after the date of enactment of this Act on its
future radio needs and identify how it will fulfill future
radio upgrades or needs using a fair and open competition.
Office of the Principal Legal Advisor
The agreement provides $313,664,000 for the Office of the
Principal Legal Advisor to sustain prior year hiring
initiatives congruent with expansion of immigration court
capacity.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $7,155,000 below the request. The
proposed funding for the expansion of Executive Office for
Immigration Review facilities is not included.
Obligation and Expenditure Plans.--ICE is directed to
provide a briefing on proposed PC&I obligation and expenditure
plans not later than 60 days after the date of enactment of
this Act. Such plans shall include all prior year unexpended
balances.
Transportation Security Administration
OPERATIONS AND SUPPORT
The agreement includes $224,296,000 above the budget
request, including: $4,250,000 to continue field assessments to
identify pipeline cybersecurity gaps; $3,100,000 for the
Federal Flight Deck Officer and Flight Crew Training programs;
$61,789,000 to continue the Visible Intermodal Prevention and
Response Team program; $46,392,000 to continue the Law
Enforcement Officer Reimbursement Program; $87,186,000 to
continue legally mandated staffing at certain exit lanes; and
$65,593,000 to maintain a consistent onboarding schedule for
the TSA workforce, partially rejecting a proposal to delay
hiring.
The agreement provides $36,297,000 for implementation of
service pay and the next iteration of career progression for
TSA's screening workforce; $764,643,000 for the Federal Air
Marshal Service (FAMS); and $169,513,000 for the National
Explosives Detection Canine Team Program.
The agreement does not include funding requested for
anticipated passenger volume growth in fiscal year 2021, in
light of current reductions in passenger volume, and rejects
the proposal to significantly reduce costs associated with
screener recruitment, training, and consumables. The agreement
includes a reduction of $83,315,000 below the request for
personnel cost adjustments.
Airport Management.--Working with partner agencies, TSA is
expected to seek opportunities to improve the Ronald Reagan
Washington National Airport Access Standard Security Program
(DASSP) and, in particular, to ensure that the application
approval process to participate in the DASSP takes no longer
than 120 days. TSA is also expected to continue to make
screenings available beyond 5:00 p.m. for Temporary Flight
Restriction (TFR) designated gateways when a TFR is in effect.
It is noted that TSA's Industry Engagement Manager for
General Aviation serves as the single point of contact for the
general aviation community.
Airport Operations Centers (AOC).--TSA shall brief the
Committees not later than 90 days after the date of enactment
of this Act on its response to recommendations to establish
full-time AOCs at airports. The briefing should address the
feasibility of providing TSA financial assistance to establish
AOCs through the use of appropriated resources or the Aviation
Security Capital Fund.
Aviation Worker Screening.--TSA shall brief the Committees
prior to any final decision on implementation of the proposed
ASP National Amendment, TSA-NA-20-02--Aviation Worker. The
briefing shall include a description of TSA's process to date,
any outstanding issues or comments, and proposed timelines and
activities for implementation of the program. The briefing
shall also address the full impact, costs, and benefits of this
proposal on all affected airports.
Digital Imaging and Communications in Security (DICOS)
Standard.--TSA shall brief the Committees within 90 days of the
date of enactment of this Act on progress made to develop open
architecture compliance requirements, including a description
of such requirements; a schedule for implementation; and the
use of a Transportation Security Equipment (TSE) configuration
or prototype that leverages data in a DICOS standard compliant
format.
Exit Lane Staffing.--With regard to remodeling and
modernization efforts undertaken by airports at existing exit
lanes that TSA was responsible for monitoring on December 1,
2013, TSA shall continue to be responsible for monitoring those
exit lanes after the remodeling or modernization efforts are
completed.
FAMS.--TSA is directed to submit semiannual reports on FAMS
mission coverage, staffing levels, and hiring rates as it has
done in prior years.
National Explosives Detection Canine Team Program.--TSA
shall continue to use risk-based methodology to deploy canine
teams to the highest risk airports.
Passenger Screening Canine Teams.--In addition to
implementing the recommendations from the OIG report, TSA's
Challenges with Passenger Screening Canine Teams (OIG-20-28),
and providing appropriate updates, TSA shall brief the
Committees within 90 days of the date of enactment of this Act
on its efforts to improve the effectiveness of passenger
screening canine teams, as well as its methodology for
determining where teams are deployed.
Passenger Volume Growth.--TSA shall make the Committees
aware of any analysis that forecasts long-term passenger
volume.
Screening Partnership Program (SPP).--TSA shall notify the
Committees within 10 days of any change to a private screening
contract, including any new SPP award or any transition from
privatized screening to federal screening.
Screening Technology Maintenance.--TSA is directed to
determine best practices for assessing equipment performance by
testing and evaluating protocols and analyzing trends of
degraded performance that occur during normal use.
Additionally, within 90 days of the date of enactment of this
Act, TSA shall brief the Committees on steps it has taken or is
taking to implement the recommendations of GAO-20-56, Aviation
Security: TSA Should Ensure Screening Technologies Continue to
Meet Detection Requirements after Deployment.
Screening Workforce Pay Strategy.--Not later than 180 days
after the date of enactment of this Act, TSA shall provide a
report to the Committees detailing the number of Transportation
Security Officers (TSO) hired since fiscal year 2016 and their
corresponding retention levels, delineated by fiscal year. As
part of this report, TSA shall include a plan for continuous
and sustained human capital investment to develop a more
effective and efficient workforce. In addition, within 90 days
of the date of enactment of this Act and quarterly thereafter,
TSA is directed to provide reports to the Committees on the
effect of pay reform on TSO retention levels.
Staffing Report.--TSA shall provide a report to the
Committees within 90 days of the date of enactment of this Act
and monthly thereafter on staffing levels by major personnel
categories. Such report shall display the following for each
personnel category: onboard positions and FTE levels at the end
of the previous fiscal year; onboard positions and FTE levels
funded through enacted appropriations for the current year; and
onboard positions and FTE at the end of the month being
reported.
Touchless Screening.--Within 60 days of the date of
enactment of this Act, TSA shall provide a report to the
Committees detailing current efforts to ensure checkpoints are
sanitary; initiatives to limit interactions that are not
conducive to a touchless screening environment between
passengers and TSOs without adversely impacting the core
security mission; and proposals for procurement and acquisition
of available technologies to promote a touchless screening
environment.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $101,107,000 above the request,
including $30,000,000 above the request for reimbursements to
airports for the purchase of legacy in-line explosive detection
equipment. Additionally, the agreement provides a total of
$100,000,000 for the procurement and deployment of computed
tomography (CT) machines and credential authentication
technology (CAT) systems. TSA shall consider small and rural
airports, in addition to larger airports, when determining
locations for deployment of CT and CAT systems. Within 45 days
of the date of enactment of this Act, TSA shall brief the
Committees on its proposed allocation of these funds.
Advanced Imaging Technology (AIT).--TSA is directed to
brief the Committees within 90 days of the date of enactment of
this Act on the development of comprehensive guidance,
policies, and procedures to ensure accuracy and consistency in
monitoring the performance of AIT systems throughout the
duration of their use, as recommended in the OIG report, OIG-
20-33. This briefing shall also include an update on TSA's
efforts to enhance the effectiveness of the current AIT fleet;
improve testing and evaluation of international screening
technology; and identify additional manufacturers of screening
equipment with the potential to meet or exceed the minimum
screening standard. TSA should proceed without delay in
evaluating and validating enhanced AIT systems.
Checkpoint Support.--Not later than 180 days after the date
of enactment of this Act, TSA shall brief the Committees on its
plans to replace technically obsolete TSE with new and improved
systems that better meet security requirements. The plan should
address TSE procured with both O&S and PC&I funds.
CAT.--Within 90 days of the date of enactment of this Act,
TSA shall provide a report to the Committees detailing airports
at which CAT is currently deployed; airports at which CAT is
not currently deployed; and a plan for the full procurement and
deployment of CAT systems at all U.S. airports.
Quarterly Briefings.--TSA is directed to continue providing
quarterly briefings to the Committees on investment plans for
checkpoint security and Explosives Detection System (EDS)
refurbishment, procurement, and installation, on an airport-by-
airport basis. Additionally, TSA shall brief the Committees on
an updated timeline and allocation plan for EDS reimbursement
funds within 60 days of the date of enactment of this Act.
RESEARCH AND DEVELOPMENT
The agreement provides $29,524,000, as requested.
Coast Guard
OPERATIONS AND SUPPORT
The agreement provides an increase of $107,406,000 above
the request, including increases of: $6,000,000 for recruitment
and retention; $6,359,000 for training and critical course
development; $14,000,000 for VHF communication infrastructure
modernization in Alaska; $6,000,000 to implement a big data
platform; $6,500,000 for phone systems modernization;
$15,000,000 for next generation cutter underway connectivity;
$3,000,000 to support MH-65 Link 16; $16,000,000 for cyber
readiness; $17,500,000 for cutter navigation and
domainawareness systems; $4,000,000 to meet increased demand for the
child care subsidy; $1,500,000 for the Great Lakes Oil Spill Center of
Expertise and related activities, for a total of $3,000,000; $4,900,000
for additional mental health support and services; $10,000,000 for
recapitalization and modernization of applications at the U.S. Coast
Guard Operations Systems Center; $5,000,000 for environmental
remediation projects related to per- and polyfluoroalkyl substances
evaluations and response; $1,500,000 for critical intermediate and
depot level maintenance; $2,500,000 for the Safe Homes Initiative;
$6,000,000 to continue the Fishing Safety Training Grants and Fishing
Safety Research Grants programs; and $5,000,000 for the National Coast
Guard Museum.
The agreement includes reductions to the request of
$18,833,000 associated with personnel cost adjustments and
$4,500,000 associated with travel and management efficiencies.
Funding is provided to meet the air facility operation
obligations laid out in section 676a of title 14, United States
Code.
Hazardous Materials Threat.--The Coast Guard shall provide
a report to the Committees not later than 120 days after the
date of enactment of this Act detailing the threat assessment
level, including any recent changes, for marine liquefied
natural gas and liquefied petroleum gas facilities in the
Northeastern United States.
Interoperability Gateway System (IGS).--The need to deploy
IGS technologies is recognized as important in order to connect
radio, voice, text, video, and data files in a secure
environment. The Coast Guard is directed to assess compliance
requirements and develop an associated investment plan for
interoperable communications systems to be submitted with the
fiscal year 2022 budget request.
Mission Requirements.--The Coast Guard is directed to
evaluate the mission requirements for the Arctic Program Office
and the Blue Technology Center of Excellence, and to brief the
Committees not later than 90 days after the date of enactment
of this Act if additional resources are necessary to enhance
mission capabilities and operations.
Oil Spill Liability Trust Fund (OSLTF).--The Coast Guard
shall brief the Committees not later than 30 days after the
date of enactment of this Act on its method for determining
property ownership and liability for responses funded by the
OSLTF during the cost recovery phase. Further, the Coast Guard
shall provide a report to the Committees not later than 90 days
after the date of enactment of this Act detailing the number
and location of outstanding claims under the OSLTF and the
current stage of cost recovery for each such claim.
Small Passenger Vessels.--The Coast Guard is encouraged to
improve safety standards for small passenger vessels, including
those with overnight passengers. This includes addressing means
of escape, rechargeable devices, wakefulness alert systems, and
interconnected fire detection and suppression systems. The
Coast Guard is directed to brief the Committees not later than
90 days after the date of enactment of this Act on these
efforts.
Training Improvements.--The Coast Guard is directed to
assess its training and programs for officers and military
justice personnel on how to address bullying, harassment, and
retaliation cases and to brief the Committees, not later than
120 days after the date of enactment of this Act, on additional
resources required to remediate any identified shortfalls.
Procurement, Construction, and Improvements
The agreement provides an increase of $626,950,000 above
the request, including the following: $4,000,000 for survey and
design of a Great Lakes Ice Breaker; $240,000,000 for four Fast
Response Cutters (FRCs); $5,500,000 for rigid inflatable boats
to support the Maritime Security Response Teams; $110,000,000
for the HC-130J aircraft program; $48,000,000 to recapitalize
MH-60T aircraft with new hulls; and $3,000,000 for the National
Maritime Center for continued improvements to systems that
serve the mariner community.
The agreement includes a total of $266,350,000, for Major
Construction; Housing; Aids to Navigation; and Survey and
Design, including funding for the following Shore Construction,
Supporting Operational Assets, and Maritime Commerce category
projects identified in the Coast Guard's Unfunded Priorities
List (UPL):
(1) recapitalization of the two highest priority pier
projects;
(2) recapitalization of a waterfront bulkhead; and
(3) the two highest priority air station projects.
The total also includes the two housing projects on the UPL
for Housing, Family, Support, Safety, and Training Facilities.
The agreement assumes $7,100,000 derived from the Coast Guard
Housing Fund will also be available for these housing projects.
The agreement provides $91,831,000 for Major Acquisition
Systems Infrastructure, which includes funding to support the
Offshore Patrol Cutter (OPC) homeport facility improvements
described on the UPL.
Domestic Content.--To the maximum extent practicable, the
Coast Guard is directed to utilize components that are
manufactured in the United States when contracting for new
vessels, including: auxiliary equipment, such as pumps for
shipboard services; propulsion equipment including engines,
reduction gears, and propellers; shipboard cranes; and
spreaders for shipboard cranes.
Full-Funding Policy.--The Coast Guard shall be exempted
from the current acquisition policy that requires the Coast
Guard to attain the total acquisition cost for a vessel,
including long lead time materials, production costs, and
postproduction costs, before a production contract can be
awarded, consistent with congressional direction in prior
years.
National Security Cutter (NSC) Program.--The NSC program
has helped prevent more than 226 metric tons of contraband from
reaching U.S. shores. The agreement does not include the
proposed rescission of $70,000,000 appropriated in fiscal year
2020 that was made available for long lead time material for a
12th NSC. The Coast Guard is encouraged to officially convey a
determination to the Committees as to whether a 12th vessel is
needed.
OPC Program.--In addition to the direction to continue
briefings as detailed in House Report 116-458, the Coast Guard
shall brief the Committees within one week prior to taking any
procurement actions impacting estimated costs for the OPC
program.
UPL.--The Commandant is directed to provide to the
Committees, at the time of the budget submission, a list of
approved but unfunded Coast Guard priorities and the funds
needed for each.
Research and Development
The agreement provides an increase of $5,000,000 above the
request, including $3,000,000 for Unmanned Aerial Systems and
$2,000,000 to evaluate the potential use of bromine-free water
systems on the NSC, OPC, and FRC class ships.
United States Secret Service
OPERATIONS AND SUPPORT
The agreement provides $62,813,000 above the request,
including the following: $7,500,000 for overtime pay;
$7,800,000 for additional retention initiatives; $1,600,000 for
cyber fraud task force modernization; $11,300,000 for IT
support and infrastructure modernization; $10,000,000 for
radios and hubs; $43,057,000 to support additional protection
requirements related to the transition of administrations;
$30,377,000 to continue and expand training in computer
forensics by the National Computer Forensics Institute (NCFI);
$6,200,000 for Operational Mission Support; and $6,200,000 for
overtime pay above the pay cap in calendar year 2020, for which
authority is provided in bill language for up to $15,000,000.
Within the total amount provided, the bill makes
$41,807,000 available until September 30, 2022, including
$11,480,000 for the James J. Rowley Training Center; $7,827,000
for Operational Mission Support; $18,000,000 for protective
travel; and $4,500,000 for National Special Security Events
(NSSE).
The agreement includes a reduction of $26,571,000 below the
budget request associated with personnel cost adjustments.
Cyber Fraud Task Force Modernization.--Not later than 90
days after the date of enactment of this Act, the United States
Secret Service (USSS) is directed to provide a briefing on the
Cyber Fraud Task Force, which was established through a merger
of the Electronic Crimes Task Force and the Financial Crimes
Task Force. The briefing should include current obstacles to
addressing evolving cyber-threats.
Next Generation Presidential Limousine.--USSS is directed
to provide quarterly updates on the progress of Next Generation
Presidential Limousine acquisition, including delivery
deadlines.
Presidential Campaigns and NSSE.--Not later than 180 days
after the date of enactment of this Act, the USSS is directed
to provide a briefing on the use of funds to support currently
planned and unanticipated NSSE and to provide a follow-on
briefing not later than six months after the initial briefing.
Strategic Human Capital Plan.--Not later than 90 days after
the date of enactment of this Act, USSS, in coordination with
the department's Chief Human Capital Officer, is directed to
provide a strategic human capital plan for fiscal years 2021
through 2025 that aligns mission requirements with resource
projections and delineates between protective and investigative
missions. The plan shall address how projected resources can
provide the appropriate combination of special agents and
Uniformed Division officers to avoid routine leave
restrictions; enable a regular schedule of mission-critical
training; and provide appropriate levels of support staffing.
The plan shall address how the Secret Service will satisfy
training targets for the Presidential and Vice Presidential
Protective Divisions under current and planned staffing levels,
consistent with the recommendation contained in GAO-19-415. The
plan shall also address the annual cost of and participation
rate in various hiring and retention initiatives, including the
Uniformed Division Retention Bonus.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides an increase above the request of
$14,650,000, to fund the Fully Armored Vehicle Program through
this account instead of through the Operations and Support
account, as proposed.
RESEARCH AND DEVELOPMENT
The agreement includes the amount requested. Not later than
180 days after the date of enactment of this Act, USSS is
directed to provide a report on the use of the funds for the
fiscal year 2020 pilot program to maximize and evaluate
effective instruction at NCFI, including how the program is
meeting previously unmet needs and any additional efficiencies
achieved in preparing for and assessing the training of
students.
TITLE II--ADMINISTRATIVE PROVISIONS
Section 201. The agreement continues a provision regarding
overtime compensation.
Section 202. The agreement continues a provision allowing
CBP to sustain or increase operations in Puerto Rico and the
U.S. Virgin Islands with appropriated funds.
Section 203. The agreement continues a provision regarding
the availability of passenger fees collected from certain
countries.
Section 204. The agreement continues a provision allowing
CBP access to certain reimbursements for preclearance
activities.
Section 205. The agreement continues a provision regarding
the importation of prescription drugs from Canada.
Section 206. The agreement continues a provision regarding
the waiver of certain navigation and vessel-inspection laws.
Section 207. The agreement continues a provision preventing
the establishment of new border crossing fees at LPOEs.
Section 208. The agreement includes a provision requiring
the Secretary to submit an expenditure plan for funds made
available under ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements''.
Section 209. The agreement includes a provision allocating
funds within CBP's Procurement, Construction, and Improvements
account for specific purposes.
Section 210. The agreement includes a provision making
certain funds under ``U.S. Customs and Border Protection--
Procurement, Construction and Improvements'' available for the
same purpose and in the same amount as in fiscal year 2020.
Section 211. The agreement continues a provision
prohibiting the construction of border security barriers in
specified areas.
Section 212. The agreement includes a provision on vetting
operations at existing locations.
Section 213. The agreement continues a provision allowing
the Secretary to reprogram funds within and transfer funds to
``U.S. Immigration and Customs Enforcement--Operations and
Support'' to ensure the detention of aliens prioritized for
removal.
Section 214. The agreement continues a provision
prohibiting the use of funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support''
to continue a delegation of authority under the 287(g) program
if the terms of an agreement governing such delegation have
been materially violated.
Section 215. The agreement continues and modifies a
provision prohibiting the use of funds provided under the
heading ``U.S. Immigration and Customs Enforcement--Operations
and Support'' to contract with a facility for detention
services if the facility receives less than ``adequate''
ratings in two consecutive performance evaluations, and
requires that such evaluations be conducted by the ICE Office
of Professional Responsibility by January 1, 2021.
Section 216. The agreement continues and modifies a
provision that requires ICE to provide statistics about its
detention population.
Section 217. By reference, the agreement continues
provisions related to information sharing and on reporting
under the 287(g) program.
Section 218. The agreement continues a provision clarifying
that certain elected and appointed officials are not exempt
from federal passenger and baggage screening.
Section 219. The agreement continues a provision directing
TSA to deploy explosives detection systems based on risk and
other factors.
Section 220. The agreement continues a provision
authorizing TSA to use funds from the Aviation Security Capital
Fund for the procurement and installation of explosives
detection systems or for other purposes authorized by law.
Section 221. The agreement continues a provision
prohibiting the use of funds in abrogation of the statutory
requirement for TSA to monitor certain airport exit points.
Section 222. The agreement continues a provision requiring
TSA to provide a report that includes the Capital Investment
Plan, the five-year technology investment plan, and information
on Advanced Integrated Passenger Screening Technologies.
Section 223. The agreement includes a provision to extend
the authority for a reimbursable TSA pilot program first
authorized in Public Law 116-6 through fiscal year 2023 to
enable completion of the pilot program.
Section 224. The agreement continues a provision
prohibiting funds made available by this Act for recreational
vessel expenses, except to the extent fees are collected from
owners of yachts and credited to this appropriation.
Section 225. The agreement continues a provision under the
heading ``Coast Guard--Operations and Support'' allowing up to
$10,000,000 to be reprogrammed to or from Military Pay and
Allowances.
Section 226. The agreement continues a provision requiring
the Commandant of the Coast Guard to submit a future-years
capital investment plan.
Section 227. The agreement modifies a provision related to
the reallocation of funds for certain overseas activities.
Section 228. The agreement continues a provision
prohibiting funds to reduce the staff or mission at the Coast
Guard's Operations Systems Center.
Section 229. The agreement continues a provision
prohibiting the use of funds to conduct a competition for
activities related to the Coast Guard National Vessel
Documentation Center.
Section 230. The agreement continues a provision allowing
the use of funds to alter, but not reduce, operations within
the Civil Engineering program of the Coast Guard.
Section 231. The agreement includes a provision allowing
for use of the Coast Guard Housing Fund.
Section 232. The agreement continues a provision allowing
the Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 233. The agreement continues a provision
prohibiting the use of funds by the Secret Service to protect
the head of a federal agency other than the Secretary of
Homeland Security, except when the Director has entered into a
reimbursable agreement for such protection services.
Section 234. The agreement continues a provision allowing
the reprogramming of funds within ``United States Secret
Service-Operations and Support''.
Section 235. The agreement continues a provision allowing
funds made available within ``United States Secret Service-
Operations and Support'' to be available for travel of
employees on protective missions without regard to the
limitations on such expenditures.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
OPERATIONS AND SUPPORT
The agreement includes a net increase of $224,178,000 above
the budget request. This includes $226,256,000 above the
request to maintain current services, and $54,516,000 in
enhancements that are described in more detail below. Assumed
in the current services level of funding are several rejections
of proposed reductions to prior year initiatives and the
inclusion of necessary annualizations to sustain them, such as:
$35,606,000 for threat analysis and response; $5,507,000 for
soft targets and crowded places security, including school
safety and best practices; $6,852,000 for bombing prevention
activities, including the train-the-trainer programs; and
$67,371,000 to fully fund the Chemical Facility Anti-Terrorism
Standards program.
The agreement includes the following reductions below the
budget request: $6,937,000 for personnel cost adjustments;
$2,500,000 of proposed increases to the CyberSentry program;
$11,354,000 of proposed increases for the Vulnerability
Management program; $2,000,000 of proposed increases to the
Cybersecurity Quality Service Management Office (QSMO);
$6,500,000 of proposed increases for cybersecurity advisors;
and $27,303,000 for the requested increase for protective
security advisors.
Of the total amount provided for this account, $22,793,000
is available until September 30, 2022, for the National
Infrastructure Simulation Analysis Center.
Financial Transparency and Accountability.--The
Cybersecurity and Infrastructure Security Agency (CISA) is
directed to submit the fiscal year 2022 budget request at the
same level of PPA detail provided in the table at the end of
this report with no further adjustments to the PPA structure.
Further, CISA shall brief the Committees not later than 45 days
after the date of enactment of this Act and quarterly
thereafter on: a spend plan; detailed hiring plans with a
delineation of each mission critical occupation (MCO);
procurement plans for all major investments to include
projected spending and program schedules and milestones; and an
execution strategy for each major initiative. The hiring plan
shall include an update on CISA's hiring strategy efforts and
shall include the following for each MCO: the number of funded
positions and FTE within each PPA; the projected and obligated
funding; the number of actual onboard personnel as of the date
of the plan; and the hiring and attrition projections for the
fiscal year.
Infrastructure Security Mission.--Not later than 180 days
after the date of enactment of this Act, the Office of the
Director of CISA, in conjunction with the Infrastructure
Security Division (ISD), shall brief the Committees on a
strategic plan for the implementation of ISD programs with
clear outcomes and metrics for defining the needs, authorities,
and capabilities of fulfilling the infrastructure security
requirements of the Nation.
National Critical Functions.--The Director of CISA, jointly
with the Administrator of FEMA, is expected to complete the
briefing requirement included in Senate Report 116-125
regarding implementation of CISA's National Critical Functions
and FEMA's Community Lifelines.
Cybersecurity
Cyber Defense Education and Training (CDET).--The agreement
includes $29,457,000 for CISA's CDET programs, an increase of
$20,607,000 above the request that is described in further
detail below.
Efforts are underway to address the shortage of qualified
national cybersecurity professionals in the current and future
cybersecurity workforce. In order to move forward with a
comprehensive plan for a cybersecurity workforce development
effort, the agreement includes $10,000,000 above the request to
enhance cybersecurity education and training and programs to
address the national shortfall of cybersecurity professionals,
including activities funded through the use of grants or
cooperative agreements as needed in order to fully comply with
congressional intent. CISA should consider building a higher
education consortium of colleges and universities, led by at
least one academic institution with an extensive history of
education, research, policy, and outreach in computer science
and engineering disciplines; existing designations as a land-
grant institution with an extension role; a center of academic
excellence in cyber security operations; a proven track record
in hosting cyber corps programs; a record of distinction in
research cybersecurity; and extensive experience in offering
distance education programs and outreach with K-12 programs.
The agreement also includes $4,300,000 above the request
for the Cybersecurity Education and Training Assistance Program
(CETAP), which was proposed for elimination, and $2,500,000
above the request to further expand and initiate cybersecurity
education programs, including CETAP, which improve education
delivery methods for K-12 students, teachers,counselors and
post-secondary institutions and encourage students to pursue
cybersecurity careers.
Further, the agreement includes $2,500,000 above the
request to support CISA's role with the National Institute of
Standards and Technology, National Initiative for Cybersecurity
Education Challenge project or for similar efforts to address
shortages in the cybersecurity workforce through the
development of content and curriculum for colleges,
universities, and other higher education institutions.
Lastly, the agreement includes $800,000 above the request
for a review of CISA's program to build a national
cybersecurity workforce. CISA is directed to enter into a
contract for this review with the National Academy of Public
Administration, or a similar non-profit organization, within 45
days of the date of enactment of this Act. The review shall
assess: whether the partnership models under development by
CISA are positioned to be effective and scalable to address
current and anticipated needs for a highly capable
cybersecurity workforce; whether other existing partnership
models, including those used by other agencies and private
industry, could usefully augment CISA's strategy; and the
extent to which CISA's strategy has made progress on workforce
development objectives, including excellence, scale, and
diversity. A report with the findings of the review shall be
provided to the Committees not later than 270 days after the
date of enactment of this Act.
Cyber QSMO.--To help improve efforts to make strategic
cybersecurity services available to federal agencies, the
agreement provides $1,514,000 above the request to sustain and
enhance prior year investments. As directed in the House report
and within the funds provided, CISA is directed to work with
the Management Directorate to conduct a crowd-sourced security
testing program that uses technology platforms and ethical
security researchers to test for vulnerabilities on
departmental systems. In addition, not later than 90 days after
the date of enactment of this Act, CISA is directed to brief
the Committees on opportunities for state and local governments
to leverage shared services provided through the Cyber QSMO or
a similar capability and to explore the feasibility of
executing a pilot program focused on this goal.
Cyber Threats to Critical Election Infrastructure.--The
briefing required in House Report 116-458 regarding CISA's
efforts related to the 2020 elections shall be delivered not
later than 60 days after the date of enactment of this Act.
CISA is directed to continue working with SLTT stakeholders to
implement election security measures.
Cybersecurity Workforce.--By not later than September 30,
2021, CISA shall provide a joint briefing, in conjunction with
the Department of Commerce and other appropriate federal
departments and agencies, on progress made to date on each
recommendation put forth in Executive Order 13800 and the
subsequent ``Supporting the Growth and Sustainment of the
Nation's Cybersecurity Workforce'' report.
Hunt and Incident Response Teams.--The agreement includes
an increase of $3,000,000 above fiscal year 2020 funding levels
to expand CISA's threat hunting capabilities.
Joint Cyber Planning Office (JCPO).--The agreement provides
an increase of $10,568,000 above the request to establish a
JCPO to bring together federal and SLTT governments, industry,
and international partners to strategically and operationally
counter nation-state cyber threats. CISA is directed to brief
the Committees not later than 60 days after the date of
enactment of this Act on a plan for establishing the JCPO,
including a budget and hiring plan; a description of how JCPO
will complement and leverage other CISA capabilities; and a
strategy for partnering with the aforementioned stakeholders.
Multi-State Information Sharing and Analysis Center (MS-
ISAC).--The agreement provides $5,148,000 above the request for
the MS-ISAC to continue enhancements to SLTT election security
support, and furthers ransomware detection and response
capabilities, including endpoint detection and response, threat
intelligence platform integration, and malicious domain
activity blocking.
Software Assurance Tools.--Not later than 90 days after the
date of enactment of this Act, CISA, in conjunction with the
Science and Technology Directorate, is directed to brief the
Committees on their collaborative efforts to transition cyber-
related research and development initiatives into operational
tools that can be used to provide continuous software
assurance. The briefing should include an explanation for any
completed projects and activities that were not considered
viable for practice or were considered operationally self-
sufficient. Such briefing shall include software assurance
projects, such as the Software Assurance Marketplace.
Updated Lifecycle Cost Estimates.--CISA is directed to
provide a briefing, not later than 60 days after the date of
enactment of this Act, regarding the Continuous Diagnostics and
Mitigation (CDM) and National Cybersecurity Protection System
(NCPS) program lifecycles. The briefing shall clearly describe
the projected evolution of both programs by detailing the
assumptions that have changed since the last approved program
cost and schedule baseline, and by describing the plans to
address such changes. In addition, the briefing shall include
an analysis of alternatives for aligning vulnerability
management, incident response, and NCPS capabilities. Finally,
CISA is directed to provide a report not later than 120 days
after the date of enactment of this Act with updated five-year
program costs and schedules which is congruent with projected
capability gaps across federal civilian systems and networks.
Vulnerability Management.--The agreement provides
$9,452,000 above fiscal year 2020 levels to continue reducing
the 12-month backlog in vulnerability assessments. The
agreement also provides an increase of $8,000,000 above the
request to address the increasing number of identified and
reported vulnerabilities in the software and hardware that
operates critical infrastructure. This investment will improve
capabilities to identify, analyze, and share information about
known vulnerabilities and common attack patterns, including
through the National Vulnerability Database, and to expand the
coordinated responsible disclosure of vulnerabilities.
Infrastructure Security
Security Advisors.--The agreement provides $66,020,000 for
the Security Advisors PPA, which is an increase of $6,837,000
above fiscal year 2020 levels to annualize and sustain prior
year Protective Security Advisor and Cyber Security Advisor
hiring initiatives.
Risk Management Operations
Critical Infrastructure Dependency Analyses.--The agreement
provides an increase of $1,000,000 above the request to improve
capabilities for operationalizing and visualizing critical
infrastructure dependencies. CISA is encouraged to consider
enhanced capabilities provided by emerging technologies, such
as Artificial Intelligence/Machine Learning, to support the
understanding and visualization of cross-sector dependencies.
Infrastructure Analysis.--The agreement provides
$84,483,000 for infrastructure analysis, which is an increase
of $8,308,000 above the request for: additional risk analyses
of 5G networks and industrial control systems; software
assurance; supply chain security and analyses; and SLTT
government technical assistance to enhance security and provide
resilience for elections infrastructure.
Payment Systems.--CISA, in coordination with the Department
of the Treasury, is directed to brief the Committees, not later
than 365 days after the date of enactment of this Act, on the
national security risks facing the national critical function
designated as ``Provide Payment, Clearing and Settlement
Systems''. The briefing should include a particular emphasis on
point of sale and online purchase systems, including their
vulnerability to data compromise.
Stakeholder Engagement and Requirements
Critical Infrastructure Sector Management.--The agreement
provides an increase of $3,000,000 above the request to begin
to increase CISA's critical infrastructure sector management
support for the eight sectors for which it is the Sector
Specific-Agency, and for its role in coordinating all 16
sectors on behalf of the Secretary of Homeland Security, as
defined in Presidential Policy Directive 21.
Public Awareness Campaigns.--The agreement includes an
increase of $1,500,000 above the request to expand CISA's
public awareness campaigns to improve public resiliency to
cybersecurity attacks.
SLTT Resilience Technical Assistance.--The agreement
provides an increase of $4,000,000 above the request for the
SLTT Cyber Information Sharing Program to increase technical
assistance and other support for SLTT partners. CISA may use up
to $2,000,000 through the execution of noncontracting
authorities in order to work with non-profits, academic
institutions, and other organizations that may have unique
skillsets, data, knowledge, and access required to develop and
deliver specialized resources. Use of such authorities shall be
for the purpose of enhancing CISA's technical assistance to
SLTT entities and improving cyber information sharing across
the critical infrastructure ecosystem.
CISA is encouraged to explore opportunities to partner with
universities to leverage their expertise in helping public and
private institutions prevent and respond quickly to crippling
cyber-attacks.
CISA is directed to work with appropriate stakeholders on
the development and promotion of cybersecurity plans that could
be adopted or modified for adoption by SLTT governments, and to
partner with FEMA to better leverage existing DHS grant
assistance authorities to support cybersecurity investments.
Not later than 45 days after the date of submission of the
fiscal year 2022 budget request, CISA is directed to brief the
Committees on its SLTT technical assistance efforts, including
a current understanding of the threats to SLTT cybersecurity,
known vulnerabilities, and an assessment of SLTT capability
gaps. Further, CISA and FEMA are directed to jointly review the
bi-yearly Nationwide Cybersecurity Review and brief the
Committees on how the review can be more actively used among
the components.
CISA is directed to provide a briefing not later than 90
days after the date of enactment of this Act on plans to
establish the SLTT Cyber Information Sharing Program and the
metrics and milestones for the program.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $353,479,000, an increase of
$40,000,000 above the request.
Cybersecurity
CDM.--The agreement includes an increase of $40,000,000
above the request to support requirements for CDM capabilities
to strengthen the resiliency of federal networks.
Next Generation Networks (NGN) Priority Services (PS).--Not
later than 90 days after the date of enactment of this Act,
CISA is directed to provide a briefing to the Committees on an
updated NGN-PS acquisition plan and deployment schedule.
RESEARCH AND DEVELOPMENT
Integrated Operations
The agreement includes $1,500,000 above the request for the
Technology Development and Deployment Program and $1,500,000
above the request to develop capabilities to model, simulate,
and conduct other advanced analytics of disruptions to cyber
and infrastructure networks.
Federal Emergency Management Agency
OPERATIONS AND SUPPORT
The agreement provides $4,913,000 below the request,
including $15,512,000 below the request associated with
personnel cost adjustments, and increases above the request of:
$2,000,000 for the Emergency Management Assistance Compact and
$6,193,000 for continuity communications equipment and
architecture in the Preparedness and Protection PPA; $3,000,000
for national geospatial infrastructure in the Response and
Recovery PPA; and $2,200,000 for financial systems and
$1,000,000 for the Interoperable Gateway System in the Mission
Support PPA. Not less than $8,948,000 is for the National
Earthquake Hazards Reduction Program and not less than
$9,249,000 is for the National Dam Safety Program.
The bill provides $3,000,000 in Mission Support for the
Office of Professional Responsibility and $500,000 for
individual financial preparedness in the Preparedness and
Protection PPA.
FEMA and the Director of CISA are directed to fulfill the
briefing requirement in Senate Report 116-125 regarding the
implementation of CISA's National Critical Functions and FEMA's
Community Lifelines.
Commodity Supply Chains.--Following recent large-scale
incidents, FEMA has made use of existing systems and processes
to conduct real time analysis of the supply and availability of
critical life-sustaining commodities, such as food, fuel,
bottled water, and electrical power, as well as the critical
enablers of these commodities. Such systems and processes have
been strained by the scale of increasingly complex disasters.
FEMA is directed to brief the Committees, not later than 30
days after the date of enactment of this Act, regarding the
capacity gaps of the current systems and recommendations to
address and improve such gaps. The briefing shall detail how
FEMA systems work with other federal agency and SLTT systems;
the ways in which key commodity supply chain nodes are
identified; where vulnerabilities exist; and how owner and
operator partners should be consulted.
Emergency Management Personnel Wellness.--Currently,
national level data is unavailable on the impacts of stress
factors on emergency management professionals who are
repeatedly exposed to highly stressful and often traumatic
events that impact their mental health and wellness, leading
some to suicide. FEMA is directed to brief the Committees, not
later than 90 days after the date of enactment of this Act, on
the feasibility of collecting and assessing data to better
define the impact of stress factors on emergency management
professionals.
Individual Financial Preparedness.--The agreement provides
$2,794,000 below the request for Financial Preparedness. FEMA
is directed to develop a plan, including how FEMA efforts will
work in concert with other federal agencies with individual
financial preparedness, and brief the Committees before seeking
additional funds for this program.
Levee Certification Data.--FEMA, in conjunction with the
United States Army Corps of Engineers, shall brief the
Committees not later than 45 days after the date of enactment
of this Act on the status of levee certifications in the
National Levee Database. The briefing shall detail the number
of levee certifications that will be due over the next five
years; cost savings that could be realized if all levees are
properly certified to reduce the risk of failure; and federal
and non-federal resources available for the costs of performing
such certifications.
Mesonets.--FEMA, in collaboration with the National Weather
Service, is directed to brief the Committees within 90 days of
the date of enactment of this Act on the capabilities of
existing statewide weather observation mesonets.
National Water Center (NWC).--FEMA is directed to
permanently co-locate personnel at the NWC not later than the
date on which it begins to deliver operational products, and to
brief the Committees not later than 90 days later on the
efforts of NWC staff to familiarize FEMA headquarters staff,
regional staff, and FEMA Integration Team staff with the
products and capabilities of the NWC.
Predisaster Mitigation.--In addition to the reporting
requirements in Section 306 of this Act, FEMA shall include the
following in accordance with paragraph (1) of Public Law 114-4,
the Department of Homeland Security Appropriations Act, 2015:
(1) an estimate of the amount projected to be set aside for
the budget year for National Public Infrastructure Predisaster
Mitigation Assistance through Section 203(i) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133);
(2) a specific description of the methodology and the
source data used in developing the estimate, including the date
of the first and last disaster declaration to which such set
aside will apply for the budget year;
(3) a strategic plan for program implementation if the
amount set aside reaches more than 10 percent above or below
the estimate during the budget year, including carryover to the
budget year plus one; and
(4) an estimation, developed in conjunction with
appropriate stakeholders and verified by a third party, such as
a Federally Funded Research and Development Center, of the
amount that could be obligated for projects that can begin no
later than the budget year plus one and for planning for future
projects.
When developing the required strategic plan, FEMA shall
include a description of any consideration of changes to
calculation policies, including carryover, and/or project
criteria as FEMA decides how to assess program performance and
evolution. This additional reporting requirement shall be
submitted not later than March 30, 2021, if submission with the
President's budget proposal for fiscal year 2022 is not
practicable.
FEMA is directed to take the actions necessary to assist
states that have experienced technical difficulties during the
Predisaster Hazard Mitigation application process and shall
continue to make reasonable efforts to minimize the amount of
time between approval of Predisaster Hazard Mitigation
applications and reimbursement.
Not later than 60 days after the date of enactment of this
Act and quarterly thereafter, FEMA shall brief the Committees
on the status of Predisaster Hazard Mitigation implementation,
with a focus on how stakeholder views are incorporated,
including the needs of local governments.
Water and Wastewater System Resiliency.--FEMA is directed
to collaborate with the Environmental Protection Agency on best
practices to ensure resiliency of vulnerable coastal water and
wastewater utility facilities along the Gulf Coast during
disasters.
Water Generation Technologies.--FEMA is encouraged to
evaluate the need for new technologies, including an inventory
of atmospheric water generation machines, to better prepare for
disaster response.
Wildfire Lessons Learned.--FEMA is directed to brief the
Committees on lessons learned from recent wildfires, including
findings and policy recommendations, not later than 180 days
after the date of enactment of this Act.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement includes an increase of $19,482,000 above the
request, including: $8,400,000 for high priority deferred
maintenance at the Center for Domestic Preparedness; $382,000
for the National Continuity Program, Continuity Readiness Cell;
$8,200,000 for high priority deferred maintenance at the
National Emergency Training Center; and $2,500,000 for Grants
Management Modernization. Construction and Facility
Improvements at the Mount Weather Emergency Operations Center
are funded at the requested amount.
FEDERAL ASSISTANCE
The agreement includes an increase of $812,340,000 above
the budget request, not including funding transferred from the
Office of the Secretary and Executive Management for targeted
violence and terrorism prevention grants and an Alternatives to
Detention case management pilot program. The amount provided
for this appropriation by PPA is as follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Federal Assistance
Grants
State Homeland Security Grant Program................. $331,939,000 $610,000,000
(Operation Stonegarden)............................... - - - (90,000,000)
(Tribal Security Grants).............................. - - - (15,000,000)
(Non-profit Security)................................. - - - (90,000,000)
Urban Area Security Initiative........................ 426,461,000 705,000,000
(Non-profit Security)................................. - - - (90,000,000)
Public Transportation Security Assistance............. 36,358,000 100,000,000
(Amtrak Security)..................................... - - - (10,000,000)
(Over-the-Road Bus Security).......................... - - - (2,000,000)
Port Security Grants.................................. 36,358,000 100,000,000
Assistance to Firefighter Grants...................... 344,344,000 360,000,000
Staffing for Adequate Fire and Emergency Response 344,344,000 360,000,000
(SAFER) Grants.......................................
Emergency Management Performance Grants............... 279,335,000 355,000,000
National Security and Resilience Grant Program........ 406,909,000 - - -
Flood Hazard Mapping and Risk Analysis Program 100,000,000 263,000,000
(RiskMAP)............................................
Regional Catastrophic Preparedness Grants............. - - - 12,000,000
High Hazard Potential Dams............................ - - - 12,000,000
Emergency Food and Shelter............................ - - - 130,000,000
Targeted Violence and Terrorism Prevention Response 20,000,000 - - -
Grants...............................................
-------------------------------------------------
Subtotal, Grants.................................. 2,326,048,000 3,007,000,000
Education, Training, and Exercises.................... - - - - - -
-------------------------------------------------
Center for Domestic Preparedness...................... 67,326,000 67,019,000
Center for Homeland Defense and Security.............. - - - 18,000,000
Emergency Management Institute........................ 20,229,000 21,520,000
U.S. Fire Administration.............................. 49,716,000 49,269,000
National Domestic Preparedness Consortium............. - - - 101,000,000
Continuing Training Grants............................ - - - 12,000,000
National Exercise Program............................. 19,233,000 19,084,000
-------------------------------------------------
Subtotal, Education, Training, and Exercises...... 156,504,000 287,892,000
-------------------------------------------------
Subtotal, Federal Assistance...................... 2,482,552,000 3,294,892,000
-------------------------------------------------
Targeted Violence and Terrorism Prevention............
Grants (by transfer).................................. - - - (20,000,000)
Alternatives to Detention Case Management.............
Pilot Program (by transfer)........................... - - - (5,000,000)
-------------------------------------------------
Total, Federal Assistance (including transfers)... $2,482,552,000 $3,319,892,000
----------------------------------------------------------------------------------------------------------------
Center for Domestic Preparedness.--FEMA shall ensure the
Center for Domestic Preparedness continues to provide its usual
suite of training opportunities for first responders, emergency
management professionals, law enforcement officers, and
healthcare professionals.
Continuing Training Grants.--The agreement includes
$12,000,000 for Continuing Training Grants, of which not less
than $3,000,000 shall be competitively awarded for FEMA-
certified rural and tribal training; $2,000,000 for FEMA to
partner with the Federal Aviation Administration (FAA) Unmanned
Aircraft Center of Excellence to conduct a regional training
program for SLTT responders in using UAS for disaster
preparedness and response; and $4,000,000 for activities of the
National Cybersecurity Preparedness Consortium.
Funding Considerations.--When awarding grants, the
Administrator shall consider: the needs of cybersecurity
preparedness and planning; state court cybersecurity; 911 call
capabilities; alert and warning capabilities; implementation of
the REAL ID Act (Public Law 109-13); and countering targeted
violence and terrorism prevention programs.
Regional Catastrophic Preparedness Grant Program.--FEMA is
directed to prioritize funding for efforts which formalize new
or sustain existing working groups for continued effective
coordination; ensure synchronization of plans and shared best
practices; implement citizen and community preparedness
campaigns; and pre-position needed commodities and equipment.
FEMA is further directed to take into account the needs of
areas at risk of natural and man-made catastrophe and affected
communities.
Urban Area Security Initiative (UASI).--Consistent with the
Implementing Recommendations of the 9/11 Commission Act, the
agreement requires FEMA to conduct risk assessments for the 100
most populous metropolitan statistical areas prior to making
UASI grant awards. It is expected that UASI funding will be
limited to urban areas representing up to 85 percent of the
cumulative national terrorism risk to urban areas, and that
resources will continue to be allocated in proportion to risk.
The current formula used for managing risk and for
distributing grant funding is based on threat, vulnerability,
and consequence. FEMA is directed to provide a comprehensive
briefing on the risk formula to the Committees, not later than
45 days after the date of enactment of this Act, including an
update on its risk assessment methodology, and results and
options for updating the formula. The briefing shall include a
discussion on how the risk analysis incorporates data points
which disproportionately affect non-contiguous states and
territories, particularly those with large urban population
centers. Further, the briefing shall include a description of
metrics used to quantify risk related to areas located within
200 miles of an international border.
U.S. Fire Administration (USFA).--Of the total provided for
USFA, the agreement includes full funding for State Fire
Training Grants. FEMA is directed to continue its traditional
funding for the congressionally mandated National Fallen
Firefighters Memorial and for State Fire Training Grants.
There is currently no national data concerning suicide
rates of firefighters who are repeatedly exposed to trauma that
impacts their mental health and wellness. USFA is directed to
collect and maintain such data and report on firefighter
suicides. USFA shall update the Committees on the status of
fulfilling this requirement within 90 days of the date of
enactment of this Act. The report shall include an assessment
of FEMA's ability to require reporting of firefighter suicide
data in applications for Assistance to Firefighter Grants and
Staffing for Adequate Fire and Emergency Response Grants.
DISASTER RELIEF FUND
The agreement provides $12,082,051,000 above the request,
for a total of $17,142,000,000. The total amount is
appropriated under the budget cap adjustment for major disaster
response and recovery activities. No funds are provided for
base DRF activities due to a significant carryover balance in
the base account that is sufficient for carrying out all
projected fiscal year 2021 activities.
Community Disaster Loans.--The agreement permits FEMA to
transfer up to $250,000,000 from the DRF to the Disaster
Assistance Direct Loan Program (DADLP) for the costs of
Community Disaster Loans. FEMA is directed to provide regular
updates to the Committees on the use of the DADLP, including
prompt notification when forecasted use of the program will
require near-term replenishment of funding. FEMA is directed to
provide a briefing to the Committees not later than 60 days
after the date of enactment of this Act on the recent, current,
and projected need for such loans, the estimated end-of-year
DADLP balance and plans for implementing the loan cancellation
provisions in the Additional Supplemental Appropriations for
Disaster Relief Requirements Act, 2017, Public Law 115-72.
Disaster Contractor and Subcontractor Payments.--There
remains a significant backlog of unpaid contractor and
subcontractor invoices for recovery activities in the U.S.
Virgin Islands and Puerto Rico from 2017 hurricanes,
particularly as it relates to the Sheltering and Temporary
Essential Power program and electricity restoration. FEMA is
directed to brief the Committees not later than 15 days after
the date of enactment of this Act on efforts to ensure timely
payments for completed contract work and to outline the extent
and cause of the payment delays, the planned resolution, and
the expected date of resolution. FEMA is directed to provide
monthly follow-on briefings thereafter on any issues related to
unresolved payment delays.
Disaster Declaration Recommendations.--FEMA is directed to
consult with states on its policies for estimating disaster
damage costs in relation to the population of a state when
determining whether to recommend that the President issue a
federal disaster declaration. The consultation should include
considerations of local economic factors such as the local
assessable tax base; the local sales tax; the median income and
poverty rate of the local affected area as it compares to that
of the state; and the economic health of the state, including
factors such as the state unemployment rate compared to the
national rate.
Private Property Debris.--FEMA is reminded that debris on
private property can cause health and safety risks and can be
costly for residents. FEMA is encouraged to consider the costs
of debris removal from private property when making
recommendations on disaster declarations and eligibility
determinations.
NATIONAL FLOOD INSURANCE FUND
The agreement includes funding for the National Flood
Insurance Fund as proposed in the budget request.
TITLE III--ADMINISTRATIVE PROVISIONS
Section 301. The agreement includes a provision making
``Cybersecurity and Infrastructure Security Agency--Operations
and Support'' funding available for a cybersecurity competition
established by Executive Order No. 13870.
Section 302. The agreement continues a provision limiting
expenses for administration of grants.
Section 303. The agreement continues a provision specifying
timeframes for certain grant applications and awards.
Section 304. The agreement continues a provision specifying
timeframes for information on certain grant awards.
Section 305. The agreement continues a provision that
addresses the availability of certain grant funds for the
installation of communications towers.
Section 306. The agreement continues a provision requiring
a report on the expenditures of the DRF.
Section 307. The agreement modifies a provision permitting
certain waivers to SAFER grant program requirements.
Section 308. The agreement continues a provision providing
for the receipt and expenditure of fees collected for the
Radiological Emergency Preparedness Program, as authorized by
Public Law 105-276.
Section 309. The agreement includes a provision allowing
the merger of funds provided in different parts of the Robert
T. Stafford Act after the Administrator of FEMA notifies the
Committees of how it intends on using the merged funds.
Section 310. The agreement includes a provision allowing
the FEMA Administrator to waive certain requirements pertaining
to Assistance to Firefighter Grants.
Section 311. The agreement includes a provision authorizing
FEMA to provide Community Disaster Loans to U.S. territories
where major disasters were declared in 2018 and permits FEMA to
waive certain provisions of the Community Disaster Loan program
for such loans.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
OPERATIONS AND SUPPORT
The agreement includes a reduction of $886,000 below the
budget request for personnel cost adjustments.
Asylum Applications.--USCIS is directed to continue to
provide a report to the Committees not later than 90 days after
the date of enactment of this Act on the efforts and specific
actions, if any, that the agency is taking to reduce the
backlog of asylum applications, while ensuring that asylum
applicants are properly reviewed for security purposes.
Feasibility Briefings.--Not later than 90 days after the
date of enactment of this Act, USCIS is directed to brief the
Committees on the feasibility of complying with each of the
directives in House Report 116-458 regarding the following
topics:
(1) replacement certificates of naturalization and
certificates of citizenship;
(2) humanitarian petitions;
(3) military naturalization applications; and
(4) unused visas.
Financial Transparency and Accountability.--For future
budget justifications, fee studies, and fee rules, USCIS is
directed to provide a more detailed justification and
accounting level to ensure transparency and executability. For
the budget justification materials for appropriated and fee-
funded accounts, such details shall include justifications for
each adjustment to base and program change from the prior year
for each PPA and at the office-level for the Administration
PPA.
For the next biennial fee study, USCIS is strongly urged to
apply advanced analytics and modeling capabilities to improve
the accuracy and transparency of the way in which the agency
determines potential fee changes. Additionally, USCIS shall
incorporate appropriate analyses into the fee study to quantify
the impact of business process improvements and IT
modernization on its operations, ultimately reflecting the cost
benefit of these improvements on minimizing fee increases.
Further, USCIS shall assess the impact of appropriated funding
on fee-funded requirements and reflect that impact in future
fee studies. For example, appropriations provided for the E-
Verify program are expected to have a positive benefit on USCIS
fraud and detection activities. Not later than 60 days after
the date of enactment of this Act, USCIS shall brief the
Committees on its efforts to leverage analytic capabilities to
better inform workload and fee projections.
H-2B Visa Program Reporting.--Not later than 120 days after
the date of enactment of this Act, the Department shall provide
a report to the Committees on the distribution of H-2B visas,
which should contain, but not be limited to, a tabulation of
the percent of overall visas issued to the top 15 employers.
Also, not later than 180 days after the date of enactment of
this Act, the Department, in consultation with the Department
of Labor, shall continue to brief the Committees on the impacts
of the current H-2B visa semiannual distribution on employers,
employees, and agency operations.
International Operations Division.--The briefing required
in House Report 116-458 on the closure of international offices
shall be provided not later than 180 days after the date of
enactment of this Act.
Processing Times for Immigration Benefits.--USCIS is
expected to adjudicate citizenship and other applications in a
timely manner. Not later than 90 days after the date of
enactment of this Act, USCIS shall provide to the Committees a
report on measures implemented to promptly reduce processing
delays.
Public Backlog Reporting.--USCIS shall provide the
Committees a plan, not later than 60 days after the date of
enactment of this Act, on establishing a quarterly, public
report on backlogs for each form type or immigration benefit
request. Such reporting shall include, at a minimum, the total
number of applicants or petitioners in each USCIS backlog; be
identified by form type or immigration benefit request; and
indicate the length of time pending in each backlog.
Quarterly Budget and Productivity Reporting.--Over the past
few years, USCIS has increased spending beyond its projected
revenue. To ensure financial stability and accountability,
USCIS shall brief the Committees not later than 90 days after
the date of enactment of this Act and quarterly thereafter on
budget operations, including revenue projections, actual
spending, and other financial forecasts.
At a minimum, the briefing shall include: the annual
operating plan and details on spending within each directorate
and office; an overview of operations; revenue and expenses
delineated by form type; other agency expenses, including
payments or transfers to other federal agencies; and carryover
or reserve fund projections and spending. USCIS shall also
include this information in its quarterly reporting to the
Committees. Additionally, USCIS shall develop productivity
measures that convey the baseline capacity and capabilities for
processing applications and petitions and capture the impact of
investments in personnel, technology, or changes to processes
and policies on such measures. Updates on USCIS performance
against these measures shall be included with the quarterly
budget reporting.
Refugee Admissions.--The Department is directed to continue
to submit to the Committees and make available on a publicly
accessible website, by not later than 90 days after the date of
enactment of this Act, the following information for each of
fiscal years 2018 through 2021:
(1) the number of USCIS staff assigned to the Refugee Corps
at the Refugee Affairs Division of USCIS;
(2) the number of refugee processing circuit rides
conducted;
(3) the number of USCIS Refugee Corps officers assigned to
each circuit ride;
(4) the destination region and country for each circuit
ride;
(5) the number of refugee interviews conducted by USCIS;
and
(6) the number of approvals and denials issued by USCIS.
Resource Optimization Strategy.--Not later than 60 days
after the date of submission of the fiscal year 2022 budget
request, USCIS shall brief the Committees on a plan to develop
an agency-wide workload staffing allocation model that
incorporates personnel levels and existing assets and
capabilities on USCIS operations. The model should allow USCIS
to assess the impact of potential policy changes, vetting
procedures, business process improvements, IT modernization,
the streamlining of forms, and other factors on its operations
and finances to better understand the costs and benefits of
such changes prior to execution. It should not assume that
duties related to the agency's core mission will be performed
by employees detailed from other agencies. The briefing shall
also identify current resource gaps; implementation challenges;
and any key policy or legislative proposals that would help
improve the agency's ability to become more efficient and
reduce backlogs.
FEDERAL ASSISTANCE
The agreement includes $10,000,000 above the request to
support the Citizenship and Integration Grant Program. In
addition, USCIS continues to have the authority to accept
private donations to support this program. USCIS is directed to
provide an update on its planned use of this authority not
later than 30 days after the date of enactment of this Act, to
include efforts undertaken to solicit private donations.
Citizenship and Integration Grant Program.--Within 90 days
of the date of enactment of this Act, USCIS is directed to
brief the Committees on its proposed guidelines and
requirements for the fiscal year 2021 Citizenship and
Integration Grant Program, and to consider the recommendations
for the program detailed in House Report 116-458.
Federal Law Enforcement Training Centers
OPERATIONS AND SUPPORT
The agreement provides $8,869,000 above the request,
including $4,700,000 above the request for export training. The
Director of the Federal Law Enforcement Training Centers shall
brief the Committees not later than 30 days after the date of
enactment of this Act on the planned use of these additional
training funds.
A reduction of $1,490,000 to the request is for personnel
cost adjustments. The agreement also partially rejects proposed
decreases of $5,659,000 for travel and staff pay.
De-escalation Training.--FLETC is currently evaluating data
from hundreds of police interactions with citizens to identify
communications practices by officers who are able to de-
escalate and diffuse conflicts. FLETC will use its findings to
evaluate current training and incorporate best practice skills
into training programs. In lieu of related language in the
House report, FLETC is directed to brief the Committees, not
later than 60 days after the completion of the evaluation, on
key findings, including how FLETC intends to modify training to
produce positive outcomes.
Officer Wellness.--Exposure to critical incidents has a
significant impact on an officer's physical and mental health.
Training in coping skills can mitigate the detrimental impact
such exposure can have on an officer's ability to maintain
emotional control and make rational choices and decisions both
professionally and personally. FLETC is directed to brief the
Committees not later than 30 days after the date of enactment
of this Act on its current curricula associated with officer
wellness and resiliency. The briefing shall include a
description of the regularity with which the training is
updated, how emerging research is incorporated into training,
and how the effectiveness of such training is evaluated.
Training Facilities.--The Director shall schedule basic or
advanced law enforcement training, or both, at all four
training facilities to ensure they are operated at the highest
capacity before entering new leases or establishing new
partnerships with training organizations. FLETC is also
directed to provide a cost analysis detailing, at a minimum,
each training center's maximum instructional capacity by course
and measured against its annual student occupancy.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides the requested amount for the
purchase of leased dorms.
Science and Technology Directorate
OPERATIONS AND SUPPORT
The agreement provides $17,914,000 above the budget
request. The agreement does not accept the proposed decreases
of $3,824,000 for Test and Evaluation, $6,276,000 for
administrative support services, and $8,884,000 for management
efficiencies.
The agreement includes a reduction of $1,070,000 below the
budget request associated with personnel cost adjustments.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The bill provides the requested funding level for
biological decontamination, completing environmental regulatory
compliance activities, and preserving historic assets at the
Plum Island Animal Disease Center.
The Science and Technology Directorate
(S&T) is directed to brief the Committees not later than 60
days after the date of enactment of this Act on an expenditure
plan for these activities, and to provide semi-annual updates
thereafter.
RESEARCH AND DEVELOPMENT
The agreement provides $103,915,000 above the request for
Research and Development (R&D), including increases of
$81,150,000 for Research Development, and Innovation; and
$22,765,000 for University Programs.
Research, Development, and Innovation
S&T is directed to brief the Committees not later than 30
days after the date of enactment of this Act on the proposed
allocation of R&D funds by project and to subsequently update
the Committees on any changes from the planned allocation of
resources. S&T shall provide a report of projects which are not
in the allocation not later than 90 days after the date of
enactment of this Act, as required in House Report 116-458.
In developing its allocation plan, S&T is to consider
funding ongoing meritorious projects, those referenced in House
Report 116-458, and the following: up to $6,000,000 to pursue
research and development related to data visualization and
emerging analytics that can enhance tracking for cargo and
people; up to $5,000,000 for the development of a multi-
purpose, high yield active neutron interrogation; up to
$2,500,000 to establish a maritime port resiliency and security
research testbed; up to $7,000,000 for Partnership Intermediary
Agreements; up to $2,000,000 to develop thermoplastic composite
materials that improve sensor integration as well as up to
$10,000,000 for an initial demonstration of a Secure Hybrid
Composite Intermodal Container; up to $9,000,000 for non-
intrusive inspection technologies; up to $15,358,000 for
Explosives Threat Assessment; up to $11,500,000 for the
research, development, testing and evaluation of wind and solar
powered unmanned maritime vessels; up to $1,500,000 to
collaborate with a university partner and Homeland Security
Investigations; up to $15,269,000 for the Detection Canine
Program; up to $4,000,000 for the Demonstration Site for
enabling Unmanned Aerial Systems (UAS) technologies; up to
$5,000,000 for self-adapting security mechanisms that utilize
data analytics-driven scoring to measure weaknesses in software
design; up to $2,000,000 for S&T to continue working with a
university partner to evaluate cybersecurity training materials
and the social and behavioral impacts on protecting local law
enforcement entities and their respective operations; up to
$5,000,000 for S&T to enter into an Educational Partnership
Agreement with the U.S. Army Corps of Engineers and one or more
educational institutions with expertise in water infrastructure
resilience and material sciences to develop capabilities for
maintaining and improving the integrity of U.S. levee and dam
systems; up to $6,000,000 to develop a national testing
capacity to assess vulnerabilities and mitigate biological
risks in building air and water handling systems, multi-
building facilities, and waste water systems; up to $1,500,000
above the request to collaborate with the Army's Engineer
Research Development Center and its university partners to
demonstrate and integrate protective technologies into CISA
activities to address identified technological needs and
requirements for Soft Target and Crowded Spaces protection.
The agreement supports not less than the requested
$24,091,000 for Cyber Data Analytics; $35,940,000 for Counter-
Unmanned Aerial Systems (CUAS) Research; and $2,000,000 to
continue the Binational Cooperative Pilot program. S&T is
directed to report to the Committees on the outcomes of grants
awarded through this pilot not later than 180 days after the
date of enactment of this Act.
CUAS.--Within 180 days of the date of enactment of this
Act, S&T is directed to update the Committees on efforts to
coordinate with interagency partners and universities with
expertise in unmanned aerial systems to research, develop,
test, and evaluate CUAS capabilities; to develop CUAS policies;
and to assess the need for a permanent organization to
integrate and coordinate interagency capabilities, research,
and policies and ensure a consistent and efficient federal
approach to countering the misuse of UAS in the national
airspace. S&T is urged to prioritize collaboration with
qualified research universities and interagency partners that
have demonstrated UAS expertise and to use test ranges already
established by the Department and the Federal Aviation
Administration (FAA) to the maximum extent possible.
Datacasting Public Safety.--Within 90 days of the date of
enactment of this Act, S&T, in consultation with the National
Institute for Standards and Technology, the Corporation for
Public Broadcasting, and the First Responder Network Authority,
is directed to brief the Committees on the feasibility of
developing a pilot program to support the efforts of local
public broadcasters in demonstrating and evaluating the
benefits of datacasting technology to public safety agencies.
Laboratory Facilities Research and Development.--The
agreement fully funds research and development activities at
the National Biodefense Analysis and Countermeasures Center
(NBACC), the National Urban Security Technology Laboratory, and
the Chemical Security Analysis Center.
Opioid and Fentanyl Detection.--S&T is encouraged to
increase its development of rapid screening technology. Within
90 days of the date of enactment of this Act, S&T is directed
to provide a report to the Committees on any S&T research or
development efforts to incorporate rapid scanning into the
department's screening methods for drug interdiction. The
report shall include screening methods for Schedule 1 drugs as
categorized by the FDA and an implementation plan to increase
drug interdiction through scanning, electronic detection, or
canine detection.
Silicon Valley Innovation Program (SVIP).--Within 90 days
after the date of enactment of this Act, S&T is directed to
brief the Committees on the SVIP's current and projected return
on investment.
Work for Others.--Within 90 days of the date of enactment
of this Act and annually thereafter, S&T is directed to brief
the Committees on the implementation and execution of the Work
for Others program within the NBACC.
University Programs
The agreement includes $21,004,000 above the request for
the Centers of Excellence and $1,761,000 above the request for
Minority Serving Institutions.
Election Security.--Within 90 days of the date of enactment
of this Act, S&T, in partnership with CISA, is directed to
brief the Committees on the feasibility of funding a Center of
Excellence focused on election security, the minimum
qualifications for potential applicants, and an estimated
timeline for when such a Center of Excellence could be
established.
Countering Weapons of Mass Destruction Office
OPERATIONS AND SUPPORT
The agreement provides $7,017,000 above the request,
including $5,000,000 for the National Biosurveillance
Integration Center; $2,600,000 for National Technical Nuclear
Forensics (NTNF); and $300,000 for the Office of the Chief
Medical Officer (CMO). The bill also includes a reduction to
the request of $883,000 for personnel cost adjustments.
Funding provided above the request for the Office of the
CMO is to develop and recommend effective department-wide
planning, interagency coordination protocols, and training
related to medical issues during a public health emergency, as
well as standards for providing physical and mental healthcare
to minors detained in CBP custody. The Countering Weapons of
Mass Destruction Office is directed to provide an update to the
Committees on these efforts within 180 days of the date of
enactment of this Act.
The proposed transfer of responsibilities for NTNF from DHS
to the National Nuclear Security Agency (NNSA) has not been
authorized by Congress and is not accepted.
The Office of the CMO is directed to provide a briefing,
not later than 30 days after the date of enactment of this Act,
on its responsibilities regarding countering biological,
chemical, and radiological risks during a public health
emergency.
The Office of the CMO is directed to provide quarterly
briefings on the execution of transferred funds for electronic
health records, as directed in House Report 116-458, beginning
not later than 60 days after the date of enactment of this Act.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides the requested funding level.
RESEARCH AND DEVELOPMENT
The agreement provides $7,100,000 above the request,
reflecting the rejection of the transfer of NTNF resources to
NNSA.
Federal Assistance
The agreement provides $11,000,000 above the request for
Securing the Cities.
TITLE IV--ADMINISTRATIVE PROVISIONS
Section 401. The agreement continues a provision allowing
USCIS to acquire, operate, equip, and dispose of up to five
vehicles under certain scenarios.
Section 402. The agreement continues a provision limiting
the use of A-76 competitions by USCIS.
Section 403. The agreement continues a provision requiring
reporting on certain USCIS activities.
Section 404. The agreement continues a provision
authorizing the Director of FLETC to distribute funds for
expenses incurred in training accreditation.
Section 405. The agreement continues a provision directing
the FLETC Accreditation Board to lead the federal law
enforcement training accreditation process to measure and
assess federal law enforcement training programs, facilities,
and instructors.
Section 406. The agreement continues a provision allowing
the acceptance of transfers from government agencies into
``Federal Law Enforcement Training Centers--Procurement,
Construction, and Improvements''.
Section 407. The agreement continues a provision
classifying FLETC instructor staff as inherently governmental
for certain considerations.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
Section 501. The agreement continues a provision directing
that no part of any appropriation shall remain available for
obligation beyond the current year unless expressly provided.
Section 502. The agreement continues a provision providing
authority to merge unexpended balances of prior appropriations
with new appropriation accounts, to be used for the same
purpose, subject to reprogramming guidelines.
Section 503. The agreement continues a provision from prior
years related to reprogramming and transfer authority. All
components funded by the Department of Homeland Security
Appropriations Act, 2021, must comply with these requirements.
The Department must notify the Committees on Appropriations
prior to each reprogramming of funds that would reduce
programs, projects, activities, or personnel by ten percent or
more. Notifications are also required for each reprogramming of
funds that would increase a program, project, or activity by
more than $5,000,000 or ten percent, whichever is less. The
Department must submit these notifications to the Committees on
Appropriations at least 15 days in advance of any such
reprogramming.
For purposes of reprogramming notifications, ``program,
project, or activity'' is defined as an amount identified in
the detailed funding table located at the end of this statement
or an amount directed for a specific purpose in this statement.
Also, for purposes of reprogramming notifications, the creation
of a new program, project, or activity is defined as any
significant new activity that has not been explicitly justified
to the Congress in budget justification material and for which
funds have not been appropriated by the Congress. For further
guidance when determining which movements of funds are subject
to section 503, the Department is reminded to follow GAO's
definition of ``program, project, or activity'' as detailed in
GAO's A Glossary of Terms Used in the Federal Budget Process.
Within 30 days of the date of enactment of this Act, the
Department shall submit to the Committees a table delineating
PPAs subject to section 503 notification requirements, as
defined in this paragraph.
Limited transfer authority is provided to give the
Department flexibility in responding to emerging requirements
and significant changes in circumstances, but is not primarily
intended to facilitate the implementation of new programs,
projects, or activities that were not proposed in a formal
budget submission. Transfers may not reduce accounts by more
than five percent or increase accounts by more than ten
percent. The Committees on Appropriations must be notified not
fewer than 30 days in advance of any transfer.
To avoid violations of the Anti-Deficiency Act, the
Secretary shall ensure that any transfer of funds is carried
out in compliance with the limitations and requirements of
section 503(c). In particular, the Secretary should ensure that
any such transfers adhere to the opinion of the Comptroller
General's decision in the Matter of: John D. Webster, Director,
Financial Services, Library of Congress, dated November 7,
1997, with regard to the definition of an appropriation subject
to transfer limitations.
The Department shall submit notifications on a timely basis
and provide complete explanations of the proposed
reallocations, including detailed justifications for the
increases and offsets, and any specific impact the proposed
changes would have on the budget request for the following
fiscal year and future-year appropriations requirements. Each
notification submitted to the Committees should include a
detailed table showing the proposed revisions to funding and
FTE--at the account, program, project, and activity level--for
the current fiscal year, along with any funding and FTE impacts
on the budget year.
The Department shall manage its programs, projects, and
activities within the levels appropriated, and should only
submit reprogramming or transfer notifications in cases of
unforeseeable and compelling circumstances that could not have
been predicted when formulating the budget request for the
current fiscal year. When the Department submits a
reprogramming or transfer notification and does not receive
identical responses from the House and Senate Committees, it is
expected to reconcile the differences before proceeding.
The Department is not to submit a reprogramming or transfer
notification after June 30 except in extraordinary
circumstances that imminently threaten the safety of human life
or the protection of property. If an above-threshold
reprogramming or a transfer is needed after June 30, the
notification should contain sufficient documentation as to why
it meets this statutory exception.
De-obligated funds are also subject to the reprogramming
and transfer limitations and requirements set forth in section
503.
Section 503(f) authorizes the Secretary to transfer up to
$20,000,000 to address immigration emergencies after notifying
the Committees of such transfer at least five days in advance.
Section 504. The agreement continues a provision, by
reference, prohibiting funds appropriated or otherwise made
available to the Department to make payment to the Working
Capital Fund (WCF), except for activities and amounts allowed
in the President's fiscal year 2021 budget request. Funds
provided to the WCF are available until expended. The
Department can only charge components for direct usage of the
WCF and these funds may be used only for the purposes
consistent with the contributing component. Any funds paid in
advance or for reimbursement must reflect the full cost of each
service. The Department shall submit a notification prior to
adding a new activity to the fund or eliminating an existing
activity from the fund. For activities added to the fund, such
notifications shall detail the source of funds by PPA. In
addition, the Department shall submit quarterly WCF execution
reports to the Committees that include activity level detail.
Section 505. The agreement continues a provision providing
that not to exceed 50 percent of unobligated balances from
prior-year appropriations for each Operations and Support
appropriation shall remain available through fiscal year 2022,
subject to section 503 reprogramming requirements.
Section 506. The agreement continues a provision that deems
intelligence activities to be specifically authorized during
fiscal year 2021 until the enactment of an Act authorizing
intelligence activities for fiscal year 2021.
Section 507. The agreement modifies a provision requiring
notification to the Committees at least three days before DHS
executes or announces grant allocations or grant awards
totaling $1,000,000 or more; an award or contract, other
transaction agreement, or task order on a multiple award
agreement, or to issue a letter of intent of greater than
$4,000,000; task or delivery orders greater than $10,000,000
from multi-year funds; or sole-source grant awards.
Notifications shall include a description of the projects or
activities to be funded and the location, including city,
county, and state.
Section 508. The agreement continues a provision
prohibiting all agencies from purchasing, constructing, or
leasing additional facilities for federal law enforcement
training without advance notification to the Committees.
Section 509. The agreement continues a provision
prohibiting the use of funds for any construction, repair,
alteration, or acquisition project for which a prospectus, if
required under chapter 33 of title 40, United States Code, has
not been approved.
Section 510. The agreement continues a provision that
includes and consolidates by reference prior-year statutory
provisions related to a contracting officer's technical
representative training; sensitive security information; and
the use of funds in conformance with section 303 of the Energy
Policy Act of 1992.
Section 511. The agreement continues a provision
prohibiting the use of funds in contravention of the Buy
American Act.
Section 512. The agreement continues a provision regarding
the oath of allegiance required by section 337 of the
Immigration and Nationality Act.
Section 513. The agreement continues a provision that
precludes DHS from using funds in this Act to carry out
reorganization authority. This prohibition is not intended to
prevent the Department from carrying out routine or small
reallocations of personnel or functions within components,
subject to section 503 of this Act. This section prevents
large-scale reorganization of the Department, which should be
acted on legislatively by the relevant congressional committees
of jurisdiction. Any DHS proposal to reorganize components that
is included as part of a budget request will be considered by
the Committees.
Section 514. The agreement continues a provision
prohibiting funds for planning, testing, piloting, or
developing a national identification card.
Section 515. The agreement continues a provision directing
that any official required by this Act to report or certify to
the Committees on Appropriations may not delegate such
authority unless expressly authorized to do so in this Act.
Section 516. The agreement continues a provision
prohibiting the use of funds for the transfer or release of
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba into or within the United States.
Section 517. The agreement continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 518. The agreement continues a provision
prohibiting the use of funds to employ illegal workers as
described in Section 274A(h)(3) of the Immigration and
Nationality Act.
Section 519. The agreement continues a provision
prohibiting funds appropriated or otherwise made available by
this Act to pay for award or incentive fees for contractors
with below satisfactory performance or performance that fails
to meet the basic requirements of the contract.
Section 520. The agreement continues a provision
prohibiting the use of funds to enter into a federal contract
unless the contract meets requirements of the Federal Property
and Administrative Services Act of 1949 or chapter 137 of title
10, United States Code, and the Federal Acquisition Regulation,
unless the contract is otherwise authorized by statute.
Section 521. The agreement continues a provision requiring
DHS computer systems to block electronic access to pornography,
except for law enforcement purposes.
Section 522. The agreement continues a provision regarding
the transfer of firearms by federal law enforcement personnel.
Section 523. The agreement continues a provision regarding
funding restrictions and reporting requirements related to
conferences occurring outside of the United States.
Section 524. The agreement continues a provision
prohibiting the use of funds to reimburse any federal
department or agency for its participation in a National
Special Security Event.
Section 525. The agreement continues a provision requiring
a notification, including justification materials, prior to
implementing any structural pay reform that affects more than
100 full time positions or costs more than $5,000,000.
Section 526. The agreement continues a provision directing
the Department to post on a public website reports required by
the Committees on Appropriations unless public posting
compromises homeland or national security or contains
proprietary information.
Section 527. The agreement continues a provision
authorizing minor procurement, construction, and improvements
activities using Operations and Support funding.
Section 528. The agreement continues a provision related to
the Arms Trade Treaty.
Section 529. The agreement continues a provision to
authorize discretionary funding for the cost of primary and
secondary schooling of dependents in territories that meet
certain criteria.
Section 530. The agreement continues and modifies a
provision providing funding for ``Federal Emergency Management
Agency--Federal Assistance'' to reimburse extraordinary law
enforcement personnel overtime costs for protection activities
directly and demonstrably associated with a residence of the
President that is designated for protection.
Section 531. The agreement continues a provision extending
other transaction authority for the Department during fiscal
year 2021.
Section 532. The agreement continues a provision regarding
congressional visits to detention facilities.
Section 533. The agreement continues a provision
prohibiting the use of funds to use restraints on pregnant
detainees in DHS custody except in certain circumstances.
Section 534. The agreement continues and modifies a
provision prohibiting the use of funds for the destruction of
records related to the death, sexual abuse, or assault of
detainees in custody.
Section 535. The agreement continues and modifies a
provision prohibiting the use of federal funds for a Principal
Federal Official during a Stafford Act declared disaster or
emergency, with certain exceptions.
Section 536. The agreement continues a provision concerning
offsets for fee increase proposals.
Section 537. The agreement includes a provision requiring
the submission of a report on the department's unfunded
priorities under budget function 050.
Section 538. The agreement includes a provision directing
the transfer of funds for electronic health records.
Section 539. The agreement includes a provision rescinding
unobligated balances from specified sources.
Section 540. The agreement includes a provision rescinding
lapsed balances pursuant to Section 505 of division D of Public
Law 116-93.
Section 541. The agreement provides an emergency
supplemental appropriation for U.S. Customs and Border
Protection, Office of Field Operations, to offset the loss of
certain customs and immigration user fee receipts.
Section 542. The agreement includes a provision requiring
reporting on the protection of certain individuals.
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