[Congressional Record Volume 166, Number 218 (Monday, December 21, 2020)]
[House]
[Pages H7879-H8309]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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.

       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.

[[Page H7880]]

       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

[[Page H7881]]

     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

[[Page H7882]]

     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.

[[Page H7883]]

       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

[[Page H7884]]

 
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

[[Page H7885]]

     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
                                                      ==================
------------------------------------------------------------------------


[[Page H7886]]

  


                                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
                                                            ============
------------------------------------------------------------------------


[[Page H7887]]

  


                         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.

[[Page H7888]]

       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:

[[Page H7889]]

  


                         (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

[[Page H7890]]

     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

[[Page H7891]]

     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.

[[Page H7892]]

       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.

[[Page H7893]]

       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.

[[Page H7894]]

       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.

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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 thePacific 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.

[[Page H7923]]

     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

[[Page H7924]]

     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

[[Page H7925]]

     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

[[Page H7926]]

     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,

[[Page H7927]]

     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

[[Page H7928]]

     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.

[[Page H7929]]

       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

[[Page H7930]]

     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

[[Page H7931]]

     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.

[[Page H7932]]

       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.

[[Page H7933]]

       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.

[[Page H7934]]

       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

[[Page H7935]]

     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

[[Page H7936]]

     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

[[Page H7937]]

     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

[[Page H7938]]

     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.

[[Page H7939]]

       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

[[Page H7940]]

     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.

[[Page H7941]]

       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

[[Page H7942]]

     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,

[[Page H7943]]

     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.

[[Page H7944]]

       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

[[Page H7945]]

     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

[[Page H7946]]

     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

[[Page H7947]]

     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

[[Page H7948]]

     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.

[[Page H7949]]

       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.

[[Page H7950]]

       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.''

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[[Page H7967]]

  


       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

[[Page H7968]]

     routinely review ICEs along with program requirements 
     information and cost, schedule and performance data, to 
     include acquisition decision 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 to budgeting 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.

[[Page H7969]]

  



  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 
     Senate Appropriations 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.

[[Page H7970]]

  



    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:

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[[Page H7972]]



                                   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:

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                        MILITARY PERSONNEL, NAVY

       The agreement provides $33,764,579,000 for Military 
     Personnel, Navy, as follows:

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                    MILITARY PERSONNEL, MARINE CORPS

       The agreement provides $14,557,436,000 for Military 
     Personnel, Marine Corps, as follows:

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                     MILITARY PERSONNEL, AIR FORCE

       The agreement provides $32,784,171,000 for Military 
     Personnel, Air Force, as follows:

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                        RESERVE PERSONNEL, ARMY

       The agreement provides $5,037,119,000 for Reserve 
     Personnel, Army, as follows:

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                        RESERVE PERSONNEL, NAVY

       The agreement provides $2,200,600,000 for Reserve 
     Personnel, Navy, as follows:

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                    RESERVE PERSONNEL, MARINE CORPS

       The agreement provides $843,564,000 for Reserve Personnel, 
     Marine Corps, as follows:

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                      RESERVE PERSONNEL, AIR FORCE

       The agreement provides $2,193,493,000 for Reserve 
     Personnel, Air Force, as follows:

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[[Page H7999]]

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                     NATIONAL GUARD PERSONNEL, ARMY

       The agreement provides $8,663,999,000 for National Guard 
     Personnel, Army, as follows:

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                  NATIONAL GUARD PERSONNEL, AIR FORCE

       The agreement provides $4,530,091,000 for National Guard 
     Personnel, Air Force, as follows:

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[[Page H8005]]

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[[Page H8006]]

  


                  TITLE II--OPERATION AND MAINTENANCE

       The agreement provides $192,213,468,000 in Title II, 
     Operation and Maintenance, as follows:

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[[Page H8008]]

  



     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.

[[Page H8009]]

  



       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:

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[[Page H8011]]

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[[Page H8012]]

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[[Page H8013]]

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[[Page H8016]]

  



                        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:

[[Page H8017]]

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[[Page H8018]]

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[[Page H8019]]

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[[Page H8020]]

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[[Page H8021]]

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[[Page H8023]]

  



                   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:

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[[Page H8025]]

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[[Page H8026]]

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                  OPERATION AND MAINTENANCE, AIR FORCE

       The agreement provides $33,528,409,000 for Operation and 
     Maintenance, Air Force, as follows:

[[Page H8028]]

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[[Page H8029]]

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[[Page H8030]]

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[[Page H8031]]

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                        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:

[[Page H8035]]

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[[Page H8036]]

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[[Page H8037]]

  


                OPERATION AND MAINTENANCE, DEFENSE-WIDE

       The agreement provides $39,048,990,000 for Operation and 
     Maintenance, Defense-Wide, as follows:

[[Page H8038]]

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[[Page H8039]]

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[[Page H8040]]

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[[Page H8041]]

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[[Page H8044]]

  



                   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 quarterly thereafter, 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.

[[Page H8045]]

  



              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:

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                OPERATION AND MAINTENANCE, NAVY RESERVE

       The agreement provides $1,115,150,000 for Operation and 
     Maintenance, Navy Reserve, as follows:

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            OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

       The agreement provides $283,494,000 for Operation and 
     Maintenance, Marine Corps Reserve, as follows:

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              OPERATION AND MAINTENANCE, AIR FORCE RESERVE

       The agreement provides $3,268,461,000 for Operation and 
     Maintenance, Air Force Reserve, as follows:

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             OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

       The agreement provides $7,350,837,000 for Operation and 
     Maintenance, Army National Guard, as follows:

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             OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

       The agreement provides $6,785,853,000 for Operation and 
     Maintenance, Air National Guard, as follows:

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          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 
     workforce is 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:

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[[Page H8066]]

  



            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:

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                           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:

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        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:

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                 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:

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          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:

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                   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:

[[Page H8093]]

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                   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:

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            PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

       The agreement provides $792,023,000 for Procurement of 
     Ammunition, Navy and Marine Corps, as follows:

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                   SHIPBUILDING AND CONVERSION, NAVY

       The agreement provides $23,268,880,000 for Shipbuilding and 
     Conversion, Navy, as follows:

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        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

[[Page H8117]]

     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:

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                        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:

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                    AIRCRAFT PROCUREMENT, AIR FORCE

       The agreement provides $19,212,753,000 for Aircraft 
     Procurement, Air Force, as follows:

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         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:

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                  PROCUREMENT OF AMMUNITION, AIR FORCE

       The agreement provides $550,844,000 for Procurement of 
     Ammunition, Air Force, as follows:

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                      OTHER PROCUREMENT, AIR FORCE

       The agreement provides $23,441,648,000 for Other 
     Procurement, Air Force, as follows:

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                        PROCUREMENT, SPACE FORCE

       The agreement provides $2,310,994,000 for Procurement, 
     Space Force, as follows:

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                     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:

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                    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:

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[[Page H8167]]

  



            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

[[Page H8168]]

     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:

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               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:

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          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:

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                        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:

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                      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

[[Page H8259]]

     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:

[[Page H8260]]

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[[Page H8261]]

  



                            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

[[Page H8262]]

     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 2533a(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

[[Page H8263]]

     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:

[[Page H8264]]

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[[Page H8265]]

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[[Page H8269]]

  


                       OPERATION AND MAINTENANCE

       The agreement provides $58,832,051,000 for Operation and 
     Maintenance, as follows:

[[Page H8270]]

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[[Page H8271]]

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[[Page H8272]]

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[[Page H8273]]

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[[Page H8274]]

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[[Page H8275]]

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[[Page H8276]]

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[[Page H8279]]

  



                       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:

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                  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:

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                     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.

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