[Congressional Record Volume 168, Number 42 (Wednesday, March 9, 2022)]
[House]
[Pages H1709-H2476]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page H1709]]
House of Representatives
EXPLANATORY STATEMENT SUBMITTED BY MS. DeLAURO, CHAIR OF THE HOUSE
COMMITTEE ON APPROPRIATIONS, REGARDING THE HOUSE AMENDMENT TO THE
SENATE AMENDMENT TO H.R. 2471, CONSOLIDATED APPROPRIATIONS ACT, 2022
The following is an explanation of the Consolidated Appropriations
Act, 2022.
This Act includes the 12 regular appropriations bills for
fiscal year 2022, supplemental appropriations for coronavirus
response and relief and for providing emergency assistance
for the situation in Ukraine, 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, 2022
Division B--Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2022
Division C--Department of Defense Appropriations
Act, 2022
Division D--Energy and Water Development and
Related Agencies Appropriations Act, 2022
Division E--Financial Services and General
Government Appropriations Act, 2022
Division F--Department of Homeland Security
Appropriations Act, 2022
Division G--Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2022
Division H--Department of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2022
Division I--Legislative Branch Appropriations Act,
2022
Division J--Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2022
Division K--Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022
Division L--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2022
Division M--COVID Supplemental Appropriations Act,
2022
Division N--Ukraine Supplemental Appropriations
Act, 2022
Division O--Extensions and Technical Corrections
Division P--Health Provisions
Division Q--Consumer Protection
Division R--FAFSA Simplification
Division S--Veterans Matters
Division T--Credit Union Governance Modernization
Act
Division U--Adjustable Interest Rate (LIBOR) Act
Division V--Haiti Development, Accountability, and
Institutional Transparency Initiative Act
Division W--Violence Against Women Act
Reauthorization Act of 2022
Division X--Intelligence Authorization for Fiscal
Year 2022
Division Y--Cyber Incident Reporting for Critical
Infrastructure Act of 2022
Division Z--Israel Relations Normalization Act of
2022
Division AA--Trans-Sahara Counterterrorism
Partnership Program
Division BB--EB-5 Reform and Integrity Act of 2022
Division CC--Burial Equity for Guards and Reserves
Act
Division DD--Authorization of Appropriations for
High Technology Pilot Program
Division EE--Extension of Visa Waiver Program Fees
Division FF--Availability of Travel Promotion Fund
for Brand USA
Division GG--Cooperative Project Agreement
Division HH--Other Matters
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 relates to the cost of living
adjustments for Members of Congress.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
CONGRESSIONAL DIRECTIVES
The explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise
noted, the language set forth in House Report 117-82 and
Senate Report 117-34 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 the Senate or this
explanatory statement has directed the submission of a
report, such report is to be submitted to both the House and
Senate Committees on Appropriations no later than 60 days
after enactment of this Act, unless otherwise directed.
Hereafter, in division A of this statement, the term `the
Committees' refers to the Committees on Appropriations of the
House of Representatives and the Senate.
For the appropriations provided by this Act and previous
Acts, the departments and agencies funded by this agreement
are reminded that the Committees use the definitions for
transfer, reprogramming, and program, project, and activity
as defined by the Government Accountability Office (GAO) in
GAO-04-261SP Appropriations Law--Vol. I and GAO-05-734SP
Budget Glossary.
A transfer is the shifting of funds between appropriations.
It applies to (1) transfers from one agency to another, (2)
transfers from one account to another within the same agency,
and (3) transfers to an interagency or intra-agency working
fund. In each instance, statutory authority is required.
Reprogramming is the utilization of funds in an
appropriation account for purposes other than those
contemplated at the time of appropriation. It is the shifting
of funds from one object to another within an appropriation.
A program, project, or activity (PPA) is an element within
a budget account. PPAs are identified by reference to include
the most specific level of budget items identified in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Act, 2022, 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.
The agreement directs the Office of Budget and Program
Analysis (OBPA) of the U.S.
[[Page H1710]]
Department of Agriculture (USDA) to provide an organizational
chart for each agency funded by this Act to the division and
subdivision level, as appropriate, within 60 days of
enactment of this Act. The agreement also directs the Food
and Drug Administration (FDA), the Commodity Futures Trading
Commission (CFTC), and the Farm Credit Administration (FCA)
to provide an organizational chart of each agency,
respectively, to the division and subdivision level, as
appropriate, within 60 days of enactment of this Act.
Further, USDA, FDA and CFTC should be mindful of
Congressional authority to determine and set final funding
levels for fiscal year 2023. Therefore, the agencies should
not presuppose program funding outcomes and prematurely
initiate action to redirect staffing prior to knowing final
outcomes on fiscal year 2023 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.
This agreement provides funding for Community Project
Funding/Congressionally Directed Spending. The bill includes
language in each account with such spending that the funding
``shall be for the purposes, and in the amounts, specified
for [the relevant account] in the table titled `Community
Project Funding/Congressionally Directed Spending' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in accordance
with applicable statutory and regulatory requirements.''
The agreement fully funds the request of the Department of
Agriculture for the costs of the fiscal year 2022 pay
increase and its increased contributions to the Federal
Employees Retirement System for the USDA agencies funded in
this bill.
The agreement notes that the explanatory statement
accompanying the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2022 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, and the protection of civil
rights, 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
submit a report to the Committees on Appropriations on their
efforts relating to such implementation no later than 180
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 submit a
report to the Committees on Appropriations, no later than 180
days after enactment of this Act, on their efforts to so
participate.
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
The agreement provides $54,710, 000 for the Office of the
Secretary. This includes an increase of $1,000,000 for the
Office of Partnership and Public Engagement (OPPE) for grants
under the 2501 program. OPPE is directed to use not more than
five percent of this sum for administrative costs.
Following the destruction of grain storage facilities
during the December 2021 tornado in Western Kentucky, there
is a need for temporary grain storage facilities to provide
storage capacity for the 2022 harvest season. The agreement
directs the Secretary to identify possible funding sources
for temporary ground storage facilities that can be built at
public and private inland waterway ports. The agreement
further directs the Secretary to submit a report to the
Committees not later than 30 days after enactment of this Act
on the potential funding options.
OFFICE OF THE SECRETARY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Secretary.................................... $7,203
Office of Homeland Security................................ 1,353
Office of Tribal Relations................................. 2,215
Office of Partnerships and Public Engagement............... 7,044
Office of Assistant Secretary for Administration........... 1,649
Departmental Administration................................ 23,282
Office of Assistant Secretary for Congressional Relations 4,480
and Intergovernmental Affairs.............................
Office of Communications................................... 7,484
------------
Total, Office of the Secretary......................... $54,710
------------------------------------------------------------------------
Executive Operations
office of the chief economist
The agreement provides $27,199,000 for the Office of the
Chief Economist.
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. The agreement also continues to provide funding for
the National Drought Mitigation Center.
office of hearings and appeals
The agreement provides $16,173,000 for the Office of
Hearings and Appeals.
office of budget and program analysis
The agreement provides $11,337,000 for the Office of Budget
and Program Analysis.
Office of the Chief Information Officer
The agreement provides $84,746,000 for the Office of the
Chief Information Officer, of which not less than $69,672,000
is for cybersecurity requirements of the Department.
Office of the Chief Financial Officer
The agreement provides $7,118,000 for the Office of the
Chief Financial Officer.
Office of the Assistant Secretary for Civil Rights
The agreement provides $1,426,000 for the Office of the
Assistant Secretary for Civil Rights.
Office of Civil Rights
The agreement provides $35,328,000 for the Office of Civil
Rights. This includes an increase of $6,000,000 for
addressing program deficiencies identified by the Office of
Inspector General.
Agriculture Buildings and Facilities
(including transfers of funds)
The agreement provides $108,397,000 for Agriculture
Buildings and Facilities. The agreement urges the Department
to provide updates on the One Neighborhood Initiative and
future space needs following the COVID-19 pandemic as soon as
possible.
Hazardous Materials Management
(including transfers of funds)
The agreement provides $7,540,000 for Hazardous Materials
Management.
Office of Safety, Security, and Protection
The agreement provides $23,306,000 for the Office of
Safety, Security, and Protection. The agreement does not
provide funding for activities that are currently funded
through other resources such as the Working Capital Fund or
that have historically been funded through other means.
Office of Inspector General
The agreement provides $106,309,000 for the Office of
Inspector General.
Office of the General Counsel
The agreement provides $57,268,000 for the Office of the
General Counsel.
Office of Ethics
The agreement provides $4,277,000 for the Office of Ethics.
Office of the Under Secretary for Research, Education, and Economics
The agreement provides $3,327,000 for the Office of the
Under Secretary for Research, Education, and Economics. The
agreement includes $1,000,000 to further build out the
planning and management structure of AGARDA and hire staff.
In addition, the agreement includes $1,000,000 for the
Secretary to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine as described
in House Report 117-82.
Farmers throughout the country continue to face significant
adverse impacts associated with the phase-out of methyl
bromide. To address the need for soil fumigant alternatives,
especially for growers of carrots, strawberries, and tree
nuts, the agreement continues funding for NIFA and provides
an increase of $1,000,000 for ARS to prioritize broad
spectrum research for pre-plant and pre-harvest, commercial-
scale methyl bromide, metal sodium, and 1,3-dichlorppropene
alternatives.
Economic Research Service
The agreement provides $87,794,000 for the Economic
Research Service (ERS). The agreement includes $1,000,000 for
expanding data modeling capabilities and $200,000 for life
cycle analysis for various biobased products.
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
The agreement provides $190,162,000 for the National
Agricultural Statistics Service (NASS), of which $46,850,000
is for the Census of Agriculture. The agreement includes an
increase of $2,000,000 to expand the existing geospatial
program and $1,500,000 to resume the Cost of Pollination
survey.
The agreement expects NASS to continue its ongoing
activities at the frequency levels
[[Page H1711]]
assumed in fiscal year 2021, 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
feed costs components surveys; 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 agreement directs NASS to continue to work with
stakeholders to better understand how to capture supplemental
information for certain crops to help offset data losses from
the discontinuation of agricultural statistics district level
estimates.
Agricultural Research Service
salaries and expenses
The agreement provides $1,633,496,000 for the Agricultural
Research Service (ARS), Salaries and Expenses.
The agreement expects extramural and intramural research to
be funded at no less than the fiscal year 2021 levels. The
agreement provides funding increases for Activated Foods;
AgTech Cooperative Agreements; Alternative Protein Research;
Ancient Crops; Animal Health and Agro/Bio Defense Program;
Appalachian Natural Products Research; Applied
Epidemiological Research; BARD; Barley Pest Initiative; Bee
Genomic Sequencing; Bovine Pleuropneumonia; Chronic Wasting
Disease; Climate Hubs; Coffee Germplasm; Coffee Leaf Rust;
Cotton Blue Disease; Cotton Seed Bug; Cover Crops and Cereal
Grain Variety; Cover Crops Research and Outreach; Cranberry
Research; Crop Production Systems; Dairy Forage Research;
East Coast Shellfish Breeding; Fertilizer Innovation
Research; Genetic Oat Research; Genetic Resistance; Grape
Genetics; Healthy Soils Initiative; Hemp Genomics; Herbicide
Resistance Research; High Performance Computing; Histomonas
Research; Human Nutrition; Improving Poultry Agricultural
Fields; Integrated Plant and Animal Production Systems;
Little Cherry Disease; Livestock Genetic Research; Methyl
Bromide; Missouri River Basin; Mycotoxin Food Safety;
National Bio- and Agro Defense Facility; Peanut Research;
Pecan Genetic Research; Pecan Processing Research; Pollinator
Recovery, Education, and Research; Poultry Research;
Precision Aquaculture; Pulse Crop Quality; Pulse Health
Initiative; Rangeland Research; Reduce Mixed Infections in
Warm Water Aquaculture; Regenerative and Precision
Agriculture for Orchards; Repair and Maintenance; Small
Fruits Research; Sorghum Genetic Database; Strawberry
Production Research; Sugar Beet Research; Sugarcane Variety;
Sustainable Aquaculture; Sustainable and Advanced Technology
Systems for Poultry Processing; Tropical Grazing Land Pest
Management; Whitefly; and Wildfire Smoke Taint.
The highly perishable and labor-intensive nature of
strawberry production makes it an ideal test bed for
innovative automation technologies. The agreement provides
$500,000 to utilize innovative automation technologies to
enhance strawberry production using vertical farming.
buildings and facilities
The agreement provides $127,805,000 for ARS Buildings and
Facilities.
National Institute of Food and Agriculture
research and education activities
The agreement provides $1,046,244,000 for the National
Institute of Food and Agriculture (NIFA), Research and
Education Activities.
With the innovations and advancements in organic and grass-
fed dairy research, the agreement encourages NIFA to consider
research projects that lead to innovation in infant
nutritional organic and grass-fed dairy products.
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....... $260,000
McIntire-Stennis Cooperative 16 U.S.C. 582a through 36,000
Forestry Act. a-7.
Research at 1890 Institutions 7 U.S.C. 3222......... 80,000
(Evans-Allen Program).
Payments to the 1994 Institutions.. 7 U.S.C. 301 note..... 5,500
Education Grants for 1890 7 U.S.C. 3152(b)...... 28,500
Institutions.
Scholarships at 1890 Institutions.. 7 U.S.C. 3222a........ 10,000
Centers of Excellence at 1890 7 U.S.C. 5926(d)...... 10,000
Institutions.
Education Grants for Hispanic- 7 U.S.C. 3241......... 14,000
Serving Institutions.
Education Grants for Alaska Native 7 U.S.C. 3156......... 4,000
and Native Hawaiian-Serving
Institutions.
Research Grants for 1994 7 U.S.C. 301 note..... 4,500
Institutions.
Capacity Building for Non Land- 7 U.S.C. 3319i........ 5,000
Grant Colleges of Agriculture.
New Beginning for Tribal Students.. 7 U.S.C. 3222e........ 5,000
Grants for Insular Areas........... 7 U.S.C. 3222b-2, 3362 2,000
and 3363.
Agriculture and Food Research 7 U.S.C. 3157......... 445,000
Initiative.
Veterinary Medicine Loan Repayment. 7 U.S.C. 3151a........ 9,500
Veterinary Services Grant Program.. 7 U.S.C. 3151b........ 3,500
Continuing Animal Health and 7 U.S.C. 3151a........ 4,000
Disease Research Program.
Supplemental and Alternative Crops. 7 U.S.C. 3319d........ 2,000
Multicultural Scholars, Graduate 7 U.S.C. 3152(b)...... 10,000
Fellowship and Institution
Challenge Grants.
Secondary and 2-year Post-Secondary 7 U.S.C. 3152(j)...... 900
Education.
Aquaculture Centers................ 7 U.S.C. 3322......... 5,000
Sustainable Agriculture Research 7 U.S.C. 5811, 5812, 45,000
and Education. 5831, and 5832.
Farm Business Management........... 7 U.S.C. 5925f........ 2,000
Sun Grant Program.................. 7 U.S.C. 8114......... 3,500
Research Equipment Grants.......... 7 U.S.C. 3310a........ 5,000
Alfalfa Seed and Alfalfa Forage 7 U.S.C. 5925......... 3,500
Systems Research Program.
Minor Crop Pest Management (IR-4).. 7 U.S.C. 450i(e)...... 14,500
Agricultural Genome to Phenome 7 U.S.C. 5924......... 2,000
Initiative.
Special Research Grants:........... 7 U.S.C. 450i(c)...... ...........
Global Change/UV Monitoring...... ...................... 1,400
Potato Research.................. ...................... 3,000
Aquaculture Research............. ...................... 2,000
Total, Special Research Grants. ...................... 6,400
------------
Necessary Expenses of Research and ...................... ...........
Education Activities:
Grants Management System........... ...................... 7,924
Federal Administration--Other ...................... 12,020
Necessary Expenses for Research
and Education Activities.
Total, Necessary Expenses...... ...................... 19,944
------------
Total, Research and Education ...................... $1,046,244
Activities.
============
------------------------------------------------------------------------
Native American Institutions Endowment Fund
The agreement provides $11,880,000 for the Native American
Institutions Endowment Fund.
Extension Activities
The agreement provides $550,605,000 for NIFA, Extension
Activities.
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 $320,000
programs and Cooperative Extension. (c) and 208(c) of
P.L. 93-471.
Extension Services at 1890 7 U.S.C. 3221......... 65,000
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3).... 9,500
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)...... 5,000
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......... 1,000
Food Safety Outreach Program....... 7 U.S.C. 7625......... 10,000
Food & Ag Service Learning......... 7 U.S.C. 7633......... 2,500
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 ...................... 3,500
Extension Program.
Total, Section 3(d)............ ...................... 90,445
------------
Necessary Expenses of Extension
Activities:
Agriculture in the K-12 Classroom.. 7 U.S.C. 3152(j)...... 1,000
Federal Administration--Other ...................... 8,100
Necessary Expenses for Extension
Activities.
Total, Necessary Expenses...... ...................... 9,100
------------
Total, Extension Activities.... ...................... $550,605
============
------------------------------------------------------------------------
Integrated Activities
The agreement provides $40,000,000 for NIFA, Integrated
Activities.
The following table reflects the amounts provided by the
agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Methyl Bromide Transition Program.. 7 U.S.C. 7626......... $2,000
Organic Transition Program......... 7 U.S.C. 7626......... 7,500
Regional Rural Development Centers. 7 U.S.C. 450i(c)...... 2,500
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... ...................... $40,000
============
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
The agreement provides $1,577,000 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 $1,110,218,000 for the Animal and
Plant Health Inspection Service (APHIS), Salaries and
Expenses.
The agreement provides a net increase of $46,039,000 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: $3,000,000 for the Equine, Cervid, and Small
Ruminant Health program to help address chronic wasting
disease; $2,000,000 for Cattle Health to combat the cattle
fever tick; $4,000,000 for Veterinary Diagnostics to continue
the transition and carry out programs at the National Bio and
Agro-defense Facility; $500,000 for Zoonotic Disease
Management to combat antimicrobial resistance; $1,000,000 for
the Cotton Pests program to continue eradication efforts
against the cotton boll weevil; $2,500,000
[[Page H1712]]
for Specialty Crop Pests for the control and eventual
eradication of the spotted lanternfly ($1,000,000), European
cherry fruit fly ($1,000,000), and apple snails [Pomaceae
maculate] ($500,000); $3,170,000 for Wildlife Damage
Management to reduce blackbird depredation in the Northern
Great Plains ($250,000), to assist producers in combatting
the persistent threat and economic hardship caused by
cormorants, pelicans, and other birds ($500,000), to develop
best management practices for body gripping traps where
current use increases the risk of non-target capture
($300,000), to continue feral swine eradication efforts
($1,000,000), and to hire personnel to implement non-lethal
livestock-predator conflict deterrence techniques
($1,120,000); $2,000,000 for Wildlife Services Methods
Development for chronic wasting disease work at the National
Wildlife Research Center; $250,000 to Emergency Preparedness
and Response for the AgDiscovery Program; $2,000,000 for the
Safe Trade and International Technical Assistance program to
support the implementation of the Lacey Act ($1,000,000) and
to strengthen APHIS' oversight of imported dogs ($1,000,000);
$1,000,000 for the Horse Protection Program. In addition, the
agreement includes $8,500,000 in this account for
Huanglongbing Multi-Agency Coordination (HLB-MAC) projects
and maintains the Emergency Support Function #11 (ESF #11)
within APHIS.
The agreement provides no less than $14,000,000 for cervid
health activities, of which $10,000,000 shall be for APHIS to
allocate funds directly to State departments of wildlife,
State departments of agriculture, and Native American Tribes
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. In
addition, the agreement provides an increase of $2,000,000
for Wildlife Services Methods Development for CWD work at the
National Wildlife Research Center, and directs APHIS to
continue working with University collaborators to provide
research support to the overall effort to detect, combat, and
control CWD.
The Committees are pleased that APHIS has confirmed that it
has stopped the use of teachable moments and directs it to
continue to do so and to ensure that all inspectors' findings
are documented in inspection reports.
However, the Committees are concerned about the ongoing
mis-management of APHIS's Animal Care program. News reports
have repeatedly documented long and inexplicable delays by
APHIS in acting against blatant violations of the Animal
Welfare Act that resulted in the illness and death of many
animals under APHIS's jurisdiction.
The Committees intend to monitor APHIS's compliance with
the directives adopted in this statement and in the House and
Senate reports, as well as its fulfillment of its statutory
and regulatory responsibilities with respect to animals.
The following table reflects the agreement:
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Animal Health Technical Services........................... $38,486
Aquatic Animal Health...................................... 2,306
Avian Health............................................... 63,833
Cattle Health.............................................. 108,500
Equine, Cervid, and Small Ruminant Health.................. 32,284
National Veterinary Stockpile.............................. 5,751
Swine Health............................................... 25,390
Veterinary Biologics....................................... 20,898
Veterinary Diagnostics..................................... 61,414
Zoonotic Disease Management................................ 20,282
------------
Subtotal, Animal Health.................................. 379,144
Agricultural Quarantine Inspection (Appropriated).......... 33,849
Cotton Pests............................................... 14,725
Field Crop & Rangeland Ecosystems Pests.................... 11,137
Pest Detection............................................. 28,218
Plant Protection Methods Development....................... 21,217
Specialty Crop Pests....................................... 209,553
Tree & Wood Pests.......................................... 61,217
------------
Subtotal, Plant Health................................... 379,916
Wildlife Damage Management................................. 116,312
Wildlife Services Methods Development...................... 23,363
------------
Subtotal, Wildlife Services.............................. 139,675
Animal & Plant Health Regulatory Enforcement............... 16,697
Biotechnology Regulatory Services.......................... 19,262
------------
Subtotal, Regulatory Services............................ 35,959
Contingency Fund........................................... 491
Emergency Preparedness & Response.......................... 42,021
------------
Subtotal, Emergency Management........................... 42,512
Agriculture Import/Export.................................. 17,928
Overseas Technical & Trade Operations...................... 24,333
------------
Subtotal, Safe Trade..................................... 42,261
Animal Welfare............................................. 32,256
Horse Protection........................................... 3,040
------------
Subtotal, Animal Welfare................................. 35,296
APHIS Information Technology Infrastructure................ 4,251
Physical/Operational Security.............................. 5,163
Rent and DHS Payments...................................... 42,567
------------
Subtotal, Agency Management.............................. 51,981
Congressionally Directed Spending.......................... 3,474
============
Total, Direct Appropriation............................ $1,110,218
------------------------------------------------------------------------
Buildings and Facilities
The agreement provides $3,175,000 for APHIS Buildings and
Facilities.
Agricultural Marketing Service
Marketing Services
The agreement provides $226,657,000 for Agricultural
Marketing Service (AMS), Marketing Services.
The agreement includes the following increases: $432,000
for GSA rent and security as requested in the budget;
$2,000,000 for the National Organic Standards program;
$500,000 for the Organic Production and Market Data
Initiative; $500,000 for Transportation Services; $500,000
for local food hubs; $1,000,000 for the Acer Access and
Development Program; and $1,000,000 for oversight and
enforcement of the Packers and Stockyards Act.
The agreement includes $25,000,000 for the Dairy Business
Innovation Initiatives program and $5,000,000 for the Micro-
grants for Food Security Program.
Limitation on Administrative Expenses
The agreement provides a limitation on administrative
expenses of $61,786,000.
Funds for Strengthening Markets, Income, and Supply (Section 32)
(Including Transfers of Funds)
The agreement provides $20,817,000 for Funds for
Strengthening Markets, Income, and Supply.
The following table reflects the status of this fund:
------------------------------------------------------------------------
------------------------------------------------------------------------
Appropriation (30% of Customs Receipts).............. $21,685,752
Less Transfers:
Food and Nutrition Service......................... -19,968,083
Commerce Department................................ -253,669
------------------
Total, Transfers................................. -20,221,752
Budget Authority, Farm Bill.......................... 1,464,000
Appropriations Temporarily Reduced--Sequestration.. -72,789
------------------
Budget Authority, Appropriations Act................. 1,391,211
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.................. 187,000
Estimated Future Needs............................. 443,084
------------------
Total, Commodity Procurement..................... 1,333,584
Administrative Funds:
Commodity Purchase Support......................... 36,810
Marketing Agreements and Orders.................... 20,817
------------------
Total, Administrative Funds...................... 57,627
------------------
Total Obligations................................ $1,391,211
------------------------------------------------------------------------
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 $1,077,000 for the Office of the
Under Secretary for Food Safety.
Food Safety and Inspection Service
The agreement provides $1,108,664,000 for the Food Safety
and Inspection Service.
This amount includes an increase of $5,000,000 for
information technology modernization; $2,800,000 to address
the persistently high levels of public health veterinarian
vacancies; and $5,000,000 to continue the reduced user fees
for small and very small establishments as established by the
American Rescue Plan Act of 2021. The Act also includes
$1,000,000 for the inspection of wild caught invasive species
in the order siluriformes and family Ictaluridae, including
blue catfish in the Chesapeake Bay. In addition, $12,525,000
is provided in Title VII of the Act for costs associated with
the Goodfellow move.
The following table reflects the agreement:
FOOD SAFETY AND INSPECTION SERVICE
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal.............................................. $989,767
State................................................ 66,875
International........................................ 17,442
Public Health Data Communications Infrastructure 34,580
System..............................................
Total, Food Safety and Inspection Service........ $1,108,664
==================
------------------------------------------------------------------------
TITLE II
Farm Production and Conservation Programs
Office of the Under Secretary for Farm Production and Conservation
The agreement provides $1,687,000 for the Office of the
Under Secretary for Farm Production and Conservation.
The agreement notes that the Extending Government Funding
and Delivering Emergency Assistance Act (Public Law 117-42)
provided $10,000,000,000 for disaster assistance to aid
producers who suffered losses due to droughts, hurricanes,
wildfires, floods and other qualifying disasters in calendar
years 2020 and 2021. The funding included $750,000,000 for
livestock producers for losses incurred during 2021 due to
drought or wildfire. The agreement remains concerned about
the impacts of these natural disasters and directs the
Department to expeditiously distribute the assistance to help
our producers and ranchers recover and maintain their
operations.
[[Page H1713]]
Farm Production and Conservation Business Center
Salaries and expenses
(including transfers of funds)
The agreement provides $238,177,000 for the Farm Production
and Conservation (FPAC) Business Center. In addition,
$60,228,000 is transferred from the Commodity Credit
Corporation.
Farm Service Agency
salaries and expenses
(including transfers of funds)
The agreement provides $1,173,070,000 for Farm Service
Agency (FSA), Salaries and Expenses, and includes funding for
partnerships and cooperative agreements to conduct better
outreach and program access, and for temporary staff. The
agreement expects FSA to fund the Urban Agriculture
Initiative.
The agreement remains concerned by the foreign purchase of
American agricultural land and the potential detrimental
impacts such ownership could have. The agreement also
recognizes the threats to food security and rural economies
posed by higher rates of agricultural land purchased by non-
farming entities, including private equity firms and foreign-
owned corporations, due to an aging farmer population and
decreasing number of individuals entering into farming and
ranching. Within 180 days of enactment of this Act, the
agreement directs USDA to submit a report regarding data on
foreign-owned agricultural land trends including land owned,
or partially owned, by the governments of China, Russia,
Iran, or North Korea over the past decade and projections for
the next decade based off of previous trends, and the
potential impacts on the American agricultural sector, food
security, and rural economies. In addition, USDA is directed
to submit to the Committees on Appropriations and Committees
on Agriculture in the House and Senate the annual report
completed in December on ``Foreign Holdings of U.S.
Agricultural Lands.''
The following table reflects the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Salaries and expenses...................................... $1,173,070
Transfer from ACIF....................................... 294,114
Total, FSA Salaries and expenses....................... $1,467,184
============
------------------------------------------------------------------------
state mediation grants
The agreement provides $7,000,000 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 some 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 USDA updated the Dairy
Indemnity Payment Program (DIPP) to provide additional
options to dairy producers impacted by PFAS contamination,
and looks forward to continuing to work with USDA, other
state and Federal partners, and producers to mitigate the
impacts of PFAS.
geographically disadvantaged farmers and ranchers
The agreement provides $3,000,000 for the Reimbursement
Transportation Cost Payment Program for Geographically
Disadvantaged Farmers and Ranchers.
agricultural credit insurance fund program account
(including transfers of funds)
The agreement provides $10,385,908,000 for the ACIF program
account.
The following table reflects the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations:
Farm Ownership Loans:
Direct................................................... $2,800,000
Guaranteed............................................... 3,500,000
Subtotal, Farm Ownership Loans........................... 6,300,000
------------
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.......................................... 61,425
Indian Highly Fractionated Land............................ 5,000
Boll Weevil Eradication.................................... 60,000
Total, Loan Authorizations............................. 10,385,908
============
Loan Subsidies:
Farm Operating Loan Subsidies:
Direct................................................... 40,017
Unsubsidized Guaranteed.................................. 16,524
Subtotal, Farm Operating Subsidies....................... 56,541
------------
Emergency Loans............................................ 267
Relending Program.......................................... 5,000
Indian Highly Fractionated Land............................ 407
Total, Loan Subsidies.................................. 62,215
============
ACIF Expenses:
Salaries and Expenses.................................... 294,114
Administrative Expenses.................................. 20,658
Total, ACIF Expenses................................... $314,772
============
------------------------------------------------------------------------
Risk Management Agency
salaries and expenses
The agreement provides $62,707,000 for the Risk Management
Agency, Salaries and Expenses, including funding for
additional hires devoted to underserved communities.
Natural Resources Conservation Service
conservation operations
The agreement provides $904,396,000 for Natural Resources
Conservation Service (NRCS), Conservation Operations.
The agreement provides $9,488,000 for the Snow Survey and
Water Forecasting Program; $10,540,000 for the Plant
Materials Centers, of which $1,000,000 is for climate smart
agriculture; $84,444,000 for the Soil Surveys Program, of
which $5,000,000 is for maintaining relevant soil surveys;
and $759,813,000 for Conservation Technical Assistance, of
which $14,000,000 is for the Grazing Lands Conservation
Initiative, $3,000,000 is for climate smart agriculture, and
$1,000,000 is for the ongoing Soil Health Initiative. The
agreement also includes $8,500,000 for the Urban Agriculture
and Innovative Production Program, $7,000,000 for the Healthy
Forests Reserve Program, and $5,000,000 for a cost-share
program for the construction and repair of perimeter fencing.
watershed and flood prevention operations
The agreement provides $100,000,000 for Watershed and Flood
Prevention Operations (WFPO). The agreement notes that WFPO
received an additional $500,000,000 in the Infrastructure
Investment and Jobs Act (Public Law 117-58).
watershed rehabilitation program
The agreement provides $1,000,000 for the Watershed
Rehabilitation Program. The agreement notes that the
Watershed Rehabilitation Program received an additional
$118,000,000 in the Infrastructure Investment and Jobs Act
(Public Law 117-58).
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 $1,580,000 for the Office of the
Under Secretary for Rural Development.
Rural Development
salaries and expenses
(including transfers of funds)
The agreement provides $300,285,000 for Rural Development,
Salaries and Expenses. This amount includes an additional
$25,000,000 for staffing resources (up to $5,000,000 within
this amount for the Strikeforce Initiative), $2,000,000 for
Information Technology development, modernization, or
enhancement, $2,000,000 for contract services, and a
$1,000,000 increase to expand the ``Placemaking Initiative''.
The agreement provides up to $5,000,000 to begin piloting
the StrikeForce Initiative and directs the Secretary to
submit a report that includes key performance measures to
evaluate the success of this new initiative within 90 days of
enactment of this Act, as well as monthly updates on the
rollout of the program.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
The agreement provides a total subsidy of $487,550,000 for
activities under the Rural Housing Insurance Fund Program
Account.
The following table indicates loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Single family housing (sec. 502)
Direct................................................... $1,250,000
Unsubsidized guaranteed.................................. 30,000,000
Housing repair (sec. 504).................................. 28,000
Rental housing (sec. 515).................................. 50,000
Multi-family guaranteed (sec. 538)......................... 250,000
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............................. $31,626,000
============
Loan subsidies, grants & administrative expenses:
Single family housing (sec. 502)
Direct................................................... $23,250
Housing repair (sec. 504).................................. 484
Rental housing (sec. 515).................................. 4,470
Multifamily Housing Revitalization......................... 34,000
Farm labor housing (sec. 514).............................. 2,831
Site development loans (sec. 524).......................... 206
Self-help land development (sec. 523)...................... 55
Total, loan subsidies.................................... 65,296
------------
Farm labor housing grants.................................. 10,000
Total, loan subsidies and grants......................... 75,296
------------
Administrative expenses (transfer to RD)................... 412,254
Total, Loan subsidies, grants, and administrative $487,550
expenses..............................................
============
------------------------------------------------------------------------
[[Page H1714]]
rental assistance program
The agreement provides $1,450,000,000 for the Rental
Assistance Program.
Rural Housing Voucher Account
The agreement provides $45,000,000 for the Rural Housing
Voucher Account.
mutual and self-help housing grants
The agreement provides $32,000,000 for Mutual and Self-Help
Housing Grants.
rural housing assistance grants
The agreement provides $48,000,000 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...................... $32,000
Housing preservation grants................................ 16,000
Total, grant program................................... $48,000
============
------------------------------------------------------------------------
rural community facilities program account
(including transfers of funds)
The agreement provides $239,449,000 for the Rural Community
Facilities Program Account.
In administering the Rural Community Facilities program
funds, the agreement encourages USDA to prioritize areas that
were severely impacted by devastating tornado damage in 2021.
The following table reflects the loan, subsidy, and grant
amounts provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
CF direct loans.......................................... $2,800,000
CF guaranteed loans...................................... 650,000
Loan subsidies and grants:
CF grants................................................ 40,000
Community Funded Projects/Congressionally Directed 183,449
Spending................................................
Rural Community Development Initiative................... 6,000
Tribal college grants.................................... 10,000
Total, subsidy and grants.............................. $239,449
============
------------------------------------------------------------------------
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
The agreement provides $73,125,000 for the Rural Business
Program Account.
The agreement provides a $250,000,000 increase for Business
and Industry Guaranteed loans and notes the Department's
recent announcement of new meat processing capacity and
supply chain programs funded by the American Rescue Plan Act.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Business and industry guaranteed loans................... $1,250,000
Loan subsidy and grants:
Business and industry guaranteed loans................... 25,125
Rural business development grants........................ 37,000
Delta Regional Authority/ARC/NBRC........................ 9,000
Rural Innovation Stronger Economy (RISE) grants.......... 2,000
Total, Rural Business Program subsidy and grants....... $73,125
============
------------------------------------------------------------------------
intermediary relending program fund account
(including transfer of funds)
The agreement provides $5,992,000 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................................ 1,524
Administrative Expenses.................................. 4,468
Subtotal, subsidies and administrative expenses........ $5,992
============
------------------------------------------------------------------------
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 $27,600,000 for Rural Cooperative
Development Grants. Of the amounts made available $13,000,000
is for the Value-Added Producer Grant Program, $3,000,000 is
for Agriculture Innovation Centers, and $2,800,000 for the
Appropriate Technology Transfer for Rural Areas Program.
Rural Microentrepreneur Assistance Program
The agreement provides $6,500,000 for the Rural
Microentrepreneur Assistance Program.
RURAL ENERGY FOR AMERICA PROGRAM
The agreement provides $12,920,000 for the Rural Energy for
America Program in addition to resources provided in the
Agriculture Improvement Act of 2018.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Estimated loan level..................................... $50,000
Subsidies and administrative expenses:
Loan subsidy level....................................... 420
REAP grants.............................................. 12,500
Total, subsidy and grants.............................. $12,920
============
------------------------------------------------------------------------
HEALTHY FOOD FINANCING INITIATIVE
The agreement provides $5,000,000 for the Healthy Food
Financing Initiative.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $653,307,000 for the Rural Utilities
Service Rural Water and Waste Disposal Program Account.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Water and waste direct loans....................... $1,400,000
Water and waste guaranteed loans................... 50,000
Subsidies and grants:
Water and waste direct loan subsidy................ 0
Guaranteed loan subsidy............................ 45
Water and waste revolving fund..................... 1,000
Water well system grants........................... 5,000
Grants for Colonias, Native Americans, and Alaska 70,000
Native Villages...................................
Water and waste technical assistance grants........ 37,500
Circuit Rider program.............................. 20,762
Solid waste management grants...................... 4,000
High energy cost grants............................ 10,000
Water and waste disposal grants.................... 490,000
306A(i)(2) grants.................................. 15,000
Total, subsidies and grants...................... $653,307
==================
------------------------------------------------------------------------
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $46,840,000 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........................................ $6,500,000
Guaranteed underwriting............................ 750,000
Rural Energy Savings Program....................... 208,333
Subtotal, electric................................. 7,458,333
------------------
Telecommunications:
Direct, treasury rate.............................. 690,000
Loan subsidy:
Direct, treasury rate.............................. 2,070
Rural Energy Savings Program....................... 11,500
Administrative expenses.............................. 33,270
Total, budget authority.......................... $46,840
==================
------------------------------------------------------------------------
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
The agreement provides $536,387,000 for the Distance
Learning, Telemedicine, and Broadband Program. The Act
provides $3,000,000 to address critical healthcare needs, as
authorized by section 379G of the Consolidated Farm and Rural
Development Act. The agreement also provides $2,272,000 for
the broadband deployment programs authorized in the
Agriculture Improvement Act of 2018. Within that amount,
$500,000 is provided for the Middle Mile program. The
agreement directs the Department to provide the Committees
with the subsidy rate and the regulatory process required for
this new program within 60 days of enactment of this Act.
The agreement provides $486,605,000 for the ReConnect
pilot, which was established in the Consolidated
Appropriations Act, 2018 (Public Law 115-141). This includes
$50,000,000 from the Cushion of Credit account. The agreement
notes that the Infrastructure Investment and Jobs Act (IIJA)
provided an additional $2,000,000,000 for the ReConnect
program, and the agreement directs the Department to announce
funding availability in a timely manner and with multiple
rounds to continue to improve the program administration
based on stakeholder feedback. The agreement is concerned
that the most recent funding announcement dictates build out
speeds that are not technology neutral and could inflate
deployment and consumer access costs. Therefore, the Act sets
the build out speeds to ensure that all broadband
technologies have equal access to the program. In addition,
the agreement encourages the Secretary to eliminate or revise
the awarding of extra points under the ReConnect program 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. The agreement encourages Rural Development to work to
expeditiously disburse ReConnect funds once grants and loans
are awarded. Additionally, the agreement encourages the
Department to examine, and appropriately adjust and lower the
collateral requirements within ReConnect Loan Agreements,
Grant Agreements, or Loan/Grant Agreements to ensure greater
Program access. The agreement encourages the Department to
continue to update the program and review process to make
ReConnect more efficient, including collaborating with the
Rural Electric Division to ensure that all utilities and
broadband technologies are treated equally in the application
process. The agreement directs the Secretary to allow
entities of any structure, including partnerships and
infrastructure applications, to apply provided sufficient
assurances are given that broadband service will be provided
to the subject area through contractual arrangements. In
addition, the agreement reminds USDA to avoid efforts that
could duplicate existing networks built by
[[Page H1715]]
private investment or those built leveraging and utilizing
other Federal programs and to continue to coordinate with the
National Telecommunications Information Administration and
the Federal Communications Commission in a transparent manner
to ensure wherever possible that any funding provided to
support deployment of last-mile broadband infrastructure is
targeted to areas that are currently unserved. In any areas,
study areas, or census blocks outside an area where a Tribal
government has jurisdiction, and where a provider is already
subject to a buildout obligation of 25/3 Mbps or greater for
fixed terrestrial broadband pursuant to a commitment to
another government entity, RUS Telecommunications Program
should take that funding into account to prevent the
duplication of services financed by Federal support. Entities
subject to such existing commitment applying for ReConnect
funds to bring service offerings to the ReConnect build-to
speed should be given a scoring preference by RUS. This shall
include areas pending FCC final approval of an award of High-
Cost USF funds for two years after the applicable Long Form
application deadline. Further, the agreement encourages the
agency 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 supports efforts to increase transparency and encourages
the Secretary to 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. In addition, the agreement
encourages the Department to hold listening sessions prior to
announcing the next round of funding availability and to
address comments made during those sessions in the funding
announcement to increase transparency. Finally, the agreement
is concerned that states and territories outside the
contiguous United States are having difficulty participating
with the USDA broadband programs, and encourages the
Secretary to consider grants or loans for satellite, or other
technologies, if such middle mile infrastructure
predominantly serves a ``rural area'' as defined in section
601(b) and do not lead to overbuilding.
The following table indicates loan levels provided by the
agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Subsidy and grants:
Distance learning and telemedicine grants.......... $60,000
DLT Congressionally Directed Spending.............. 2,510
Broadband ReConnect Loans and Grants............... 400,000
ReConnect Community Project Funding................ 36,605
Broadband telecommunications program:
Direct (treasury rate loans)....................... 2,272
Community Connect Grants........................... 35,000
Total, subsidies and grants...................... $536,387
==================
------------------------------------------------------------------------
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
The agreement provides $1,327,000 for the Office of the
Under Secretary for Food, Nutrition, and Consumer Services.
The agreement recognizes all Federal feeding programs
should be accessible to those with culturally or religiously
sensitive diets, including kosher and halal. The agreement
urges the Secretary to seek input from Jewish and Muslim
community leaders on this issue, and requests a report within
120 days from the enactment of this Act on how to overcome
the challenges of incorporating kosher and halal food into
The Emergency Food Assistance Program, the National School
Lunch Program, and the School Breakfast Program.
Food and Nutrition Service
Child Nutrition Programs
(including transfers of funds)
The agreement provides $26,883,922,000 for Child Nutrition
Programs.
The agreement recognizes the value of the Farm to School
program and is interested in ensuring the program becomes
scalable and replicable across states. Of the grant funds
provided, the agreement directs the Secretary to use $500,000
for cooperative agreements to support the continued expansion
of Farm to School Institutes throughout the country for the
purposes of connecting schools with local farmers and
ranchers and providing training and technical assistance.
The agreement understands that Summer Electronic Benefit
Transfer (EBT) has proven to lower food insecurity among
children during the summer months when school is not in
session. The agreement provides an increase of $3,000,000 and
encourages the Department to expand the program.
The agreement provides the following for Child Nutrition
Programs:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program................................. $14,665,855
School breakfast program............................. 5,188,750
Child and adult care food program.................... 4,314,605
Summer food service program.......................... 581,074
Special milk program................................. 6,250
State administrative expenses........................ 332,000
Commodity procurement................................ 1,567,663
Team Nutrition....................................... 18,004
Food safety education................................ 3,048
Coordinated review................................... 10,000
Computer support and processing...................... 26,753
CACFP training and technical assistance.............. 41,498
Child Nutrition Program studies and evaluations...... 15,607
Child Nutrition payment accuracy..................... 11,656
Farm to school tactical team......................... 6,159
School meals equipment grants........................ 30,000
Summer EBT demonstration............................. 45,000
Child Nutrition Training............................. 2,000
Farm to School Grants................................ 12,000
School Breakfast Expansion........................... 6,000
Total............................................ $26,883,922
==================
------------------------------------------------------------------------
special supplemental nutrition program for women, infants, and children
(wic)
For the Special Supplemental Nutrition Program for Women,
Infants, and Children, the agreement provides $6,000,000,000,
which fully funds expected participation in fiscal year 2022.
The agreement includes $90,000,000 for the breastfeeding peer
counselor program and $14,000,000 for infrastructure.
The work of the National Academies of Science (NAS) to
review and make recommendations for updating the WIC food
packages to reflect current science and cultural factors is
recognized. The agreement notes, however, that while all
revised packages now allow some fish, the amounts remain low
compared to the recommendations of other authoritative health
agencies. The agreement strongly encourages the Department to
consider the health and cultural benefits of fish consumption
as the NAS recommendations are reviewed and used to inform
the Department's next course of action. The agreement also
strongly encourages the Department to continue to allow
states to submit cultural food package proposals to respond
to the cultural preferences of WIC participants in states
like Alaska.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
The agreement provides $140,440,868,000 for the
Supplemental Nutrition Assistance Program (SNAP).
The agreement supports the implementation of the National
Accuracy Clearinghouse (NAC), as written in the Agriculture
Improvement Act of 2018. The Department is directed to move
expeditiously in its implementation, as it is months behind
in initial matches, so as to prevent duplicative issuances of
SNAP benefits and uphold program accountability. When the
USDA implements the NAC, the agreement urges the Department
to allow States to use a blended workforce including
contractors and subcontractors who have the capability to use
complex match technology with multiple data elements and
administer an appeals process, ensuring households are not
automatically removed from receiving benefits.
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.
The agreement provides the following for SNAP:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits................................................ $127,379,769
Contingency reserve..................................... 3,000,000
Administrative costs:
State administrative costs............................ 5,536,316
Nutrition Education and Obesity Prevention Grant 464,000
Program..............................................
Employment and Training............................... 635,829
Mandatory other program costs......................... 343,354
Discretionary other program costs..................... 3,998
Administrative subtotal................................. 6,983,497
---------------
Nutrition Assistance for Puerto Rico (NAP).............. 2,501,805
American Samoa.......................................... 10,047
Food Distribution Program on Indian Reservations........ 126,000
TEFAP commodities....................................... 399,750
Commonwealth of the Northern Mariana Islands............ 30,000
Community Food Projects................................. 5,000
Program access.......................................... 5,000
Subtotal................................................ 3,077,602
---------------
Total............................................... $140,440,868
===============
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
The agreement provides $440,070,000 for the Commodity
Assistance Program. It includes $332,000,000 for the
Commodity Supplemental Food Program; $26,000,000 for the
Farmers' Market Nutrition Program; $81,000,000 for
administrative funding for The Emergency Food Assistance
Program; and $1,070,000 for Pacific Island assistance.
NUTRITION PROGRAMS ADMINISTRATION
The agreement provides $170,133,000 for Nutrition Programs
Administration.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
The agreement provides $908,000 for the Office of the Under
Secretary for Trade and Foreign Agricultural Affairs.
Office of Codex Alimentarius
The agreement provides $4,841,000 for the Office of Codex
Alimentarius.
Foreign Agricultural Service
salaries and expenses
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $228,644,000 for the Foreign
Agricultural Service and a transfer of $6,063,000. The
agreement includes $1,198,000 for International Cooperative
Administrative Support Services; $481,000 for Capital
Security Cost Sharing; and $1,800,000 for pay costs for
locally employed staff.
FOOD FOR PEACE TITLE II GRANTS
The agreement provides $1,740,000,000 for Food for Peace
Title II Grants.
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MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
The agreement provides $237,000,000 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 $6,063,000 for the Commodity Credit
Corporation Export (Loans) Credit Guarantee Program Account.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $3,304,145,000 in discretionary
budget authority and $2,791,737,000 in definite user fees for
a total of $6,095,882,000 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 2021 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 $102,217,000, of
which $29,000,000 is for medical product safety, $29,500,000
is for food safety activities, $41,300,000 is for cross
cutting initiatives supporting both medical and food safety,
and $2,417,000 is for infrastructure investments.
Within the increases provided for medical product safety,
the agreement includes $5,000,000 for Device Shortages and
Supply Chain; $1,500,000 for CVM Medical Product Supply
Chain; $8,000,000 for Advancing the Goal of Ending the Opioid
Crisis; $3,000,000 for the Predictive Toxicology Roadmap;
$1,000,000 for the Data Modernization and Enhanced Technology
Initiative; $5,000,000 for Foreign Unannounced Human Drug
Inspection Pilots; $1,000,000 for Rare Cancer Therapeutics;
$2,500,000 for the Orphan Products Grants Program; $1,500,000
for Rare Diseases; and $500,000 for BioFilm Regulatory
Research.
The agreement strongly supports the Center for Devices and
Radiological Health's (CDRH) initiative to establish a
permanent program for U.S. supply chain resilience for
medical devices. The agreement includes $5,000,000 for CDRH
to begin these efforts. The agreement looks forward to
understanding how additional resources in the future will
strengthen these efforts.
Physical inspections, especially when unannounced, are one
of FDA's most important tools to ensure drug safety and
quality. While COVID-19 understandably delayed many routine
inspections abroad, the Committees are concerned that FDA may
not prioritize physical inspections as highly as other
regulatory review methods. The agreement notes that the
intent of funds provided in the fiscal year 2021 bill were to
increase unannounced inspections and not to assess the value
of unannounced inspections or compare them to pre-announced
inspections. The agreement includes an additional $5,000,000
above the fiscal year 2021 level solely to increase
unannounced inspections and directs FDA to immediately begin
to hire additional foreign office-based investigators to
increase short notice and unannounced foreign facility
inspections in India.
Within the increases provided for food safety activities,
the agreement provides $11,000,000 for Maternal and Infant
Health and Nutrition; $7,000,000 for Emerging Chemical and
Toxicology Issues; $9,000,000 for New Era of Smarter Food
Safety; $1,000,000 for Animal Feed Reviews; and $1,500,000
for Standards of Identity.
Within the increases for Crosscutting, agency-wide support
initiatives, the agreement provides $17,900,000 for Pay
Costs; $3,000,000 for Data Modernization and Enhanced
Technologies; $10,000,000 for Inspections; $4,700,000 for the
Office of Minority Health and Health Equity; $1,500,000 for
the Office of Laboratory Safety; $2,200,000 for the Office of
the Chief Counsel; and $2,000,000 for Essential Services.
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................................................. $1,133,176
Center for Food Safety and Applied Nutrition.......... 369,537
Field Activities.................................... 763,639
Human Drugs........................................... 713,888
Center for Drug Evaluation and Research............... 517,675
Field Activities.................................... 196,213
Biologics............................................. 260,118
Center for Biologics Evaluation and Research.......... 215,321
Field Activities.................................... 44,797
Animal Drugs and Feeds................................ 201,792
Center for Veterinary Medicine........................ 129,406
Field Activities.................................... 72,386
Devices and Radiological Products..................... 419,543
Center for Devices and Radiological Health............ 332,055
Field Activities.................................... 87,488
National Center for Toxicological Research.............. 70,348
Other Activities/Office of the Commissioner............. 205,568
White Oak Consolidation................................. 46,664
Other Rent and Rent Related Activities.................. 86,762
GSA Rent................................................ 166,286
Subtotal, Budget Authority.............................. 3,304,145
---------------
User Fees:
Prescription Drug User Fee Act........................ 1,200,129
Medical Device User Fee and Modernization Act......... 243,473
Human Generic Drug User Fee Act....................... 539,656
Biosimilar User Fee Act............................... 40,040
Animal Drug User Fee Act.............................. 31,641
Animal Generic Drug User Fee Act...................... 24,798
Tobacco Product User Fees............................. 712,000
Subtotal, User Fees................................... 2,791,737
---------------
Total, FDA Program Level............................ $6,095,882
===============
------------------------------------------------------------------------
As FDA prepares the report directed in House Report 117-82
on the agency's acceptance of alternatives to animal tests,
FDA is also directed to include a review, in consultation
with interagency partners at the Departments of Agriculture,
Defense, Homeland Security, and Health and Human Services, of
the potential impact and role of animal testing to security
countermeasures development and deployment.
The agreement directs FDA to provide a briefing on the
regulation of advertising and sales of boric acid
suppositories. FDA shall include within the briefing an
update on any changes to the regulatory status of any related
products as necessary.
The agreement expects further progress on regulatory
pathways for cannabis-derived products that contain
cannabidiol. Additionally, the agreement maintains at least
the fiscal year 2021 funding level for cannabidiol related
oversight and enforcement.
As previously noted, the agreement provides funds to
further develop and advance strategies to confront the opioid
crisis through the agency's priority areas, including
additional funding for International Mailing Facilities.
The agreement is encouraged by the work the FDA has put
forth in developing a comprehensive food traceability system,
and recognizes the substantial technological, logistical, and
resource demands underlying this goal. Therefore, the
agreement encourages the FDA to work with stakeholders and
evaluate currently available and emerging technologies,
barriers to and opportunities for their widespread adoption,
and to utilize pilots, studies, and technology development
competitions to further explore expediting traceability while
leveraging, wherever possible, existing supply chain systems
and processes while minimizing the burden of new systems on
the supply chain. In addition, the FDA is encouraged to
harmonize the traceability rule on existing traceability
strategies the food supply chain has developed to simply and
effectively track and trace food. Specific to the data
elements that would be required, the agreement urges the FDA
to clearly define traceability requirements that, where
possible, align with existing consensus standards for
traceability already commonly used by many in the industry.
The agreement is concerned about dietary supplement
products that are adulterated or misbranded, in particular
with imported products. The agreement provides an increase of
$2,000,000 to be used for inspections as well as enforcement
of the Dietary Supplement Health and Education Act of 1994
(Public Law 103-417).
The agreement is concerned that very few products in recent
years have switched from prescription drugs to
nonprescription drugs. The agreement expects the FDA to meet
the goals of Fall 2021 Unified Agenda and publish (and
subsequently finalize) the proposed rule titled
``Nonprescription Drug Product with an Additional Condition
for Nonprescription Use'' given the resources and authorities
provided by Congress.
BUILDINGS AND FACILITIES
The agreement provides $12,788,000 for Buildings and
Facilities.
FDA Innovation Account, Cures Act
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $50,000,000 for FDA as authorized in
the 21st Century Cures Act.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $382,000,000 for the Commodity
Futures Trading Commission.
Within 180 days of enactment of this Act, the CFTC is
directed to issue a public report on factors affecting the
aluminum commodities market.
In lieu of the direction contained in House Report 117-82,
CFTC is directed to brief the Committees on the agency's
priority initiatives to fulfill its mission and address
emerging issues as the derivatives markets continue to
evolve.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes a limitation of $84,200,000 on
administrative expenses of the Farm Credit Administration.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The bill includes language regarding motor
vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund of the Department of Agriculture.
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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 user
fees.
Section 729.--The bill includes language regarding FDA
regulations with respect to spent grains.
Section 730.--The bill includes language regarding the
National Bio and Agro-Defense Facility.
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 includes language related to
investigational use of drugs or biological products.
Section 738.--The bill includes language related to the
growing, harvesting, packing and holding of certain produce.
Section 739.--The bill provides funding for grants to
enhance farming and ranching opportunities for military
veterans.
Section 740.--The bill includes language related to the
school breakfast program.
Section 741.--The bill includes language regarding hemp.
Section 742.--The bill provides funding for grants under
section 12502 of Public Law 115-334.
Section 743.--The bill provides funding to carry out
section 3307 of Public Law 115-334.
Section 744.--The bill includes language related to
matching fund requirements.
Section 745.--The bill provides funding for a pilot program
related to multi-family housing borrowers.
Section 746.--The bill provides funding to carry out
section 4208 of Public Law 115-334.
Section 747.--The bill provides funding to carry out
section 12301 of Public Law 115-334.
Section 748.--The bill includes language related to potable
water.
Section 749.--The bill includes language regarding Food for
Peace.
Section 750.--The bill includes language regarding
facilities inspections.
Section 751.--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 752.--The bill includes language related to certain
school food lunch prices.
Section 753.--The bill provides funding for rural hospital
technical assistance.
Section 754.--The bill includes language related to
biotechnology risk assessment research.
Section 755.--The bill provides funding for rural
broadband.
Section 756.--The bill provides funding to carry out
section 7209 of Public Law 115-334.
Section 757.--The bill includes funding for open data
standards.
Section 758.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 759.--The bill includes language related to the
Agriculture Conservation Experiences Services Program.
Section 760.--The bill includes language related to the
ReConnect program.
Section 761.--The bill includes funding for the Goodfellow
Federal facility.
Section 762.--The bill includes language related to the
Federal Meat Inspection Act.
Section 763.--The bill includes funding for a blue-ribbon
panel.
Section 764.--The bill includes funding for a competitive
research and education grant.
Section 765.--The bill includes language related to the
Animal Welfare Act inspections and reports.
Section 766.--The bill includes language regarding
electronically available information for prescribing
healthcare professionals.
Section 767.--The bill provides funding for a Farm to
School Institute in Shelburne, VT.
Section 768.--The bill includes language related to Food
and Drug Administration advice about eating fish.
Section 769.--The bill provides funding for the Water Bank
program.
Section 770.--The bill includes language related to Rural
Economic Area Partnership Zones.
Section 771.--The bill provides funding to carry out
section 2103 of Public Law 115-334.
Section 772.--The bill includes language related to
genetically engineered salmon.
Section 773.--The bill includes language changing the due
date of a study.
Section 774.--The bill includes funding related to a
working group.
Section 775.--The bill includes funding for a pilot
program.
Section 776.--The bill includes language regarding meat and
poultry facilities.
Section 777.--The bill includes language regarding the
agriculture innovation centers.
Section 778.--The bill provides funding for an Institute
for Rural Partnerships.
Section 779.--The bill includes language regarding a
library.
Section 780.--The bill includes language regarding the
University of Vermont.
Section 781.--The bill includes language regarding the Food
Safety and Inspection Service.
Section 782.--The bill includes language regarding the
Agricultural Credit Insurance Fund.
Section 783.--The bill includes language regarding the
Agriculture Buildings and Facilities account.
Section 784.--The bill includes language renaming a Federal
research facility.
Section 785.--The bill includes funding for Agriculture
Quarantine and Inspection Services.
Section 786.--The bill includes language regarding a
technical fix for certain provisos in Title I of division J
of Public Law 117-58.
Section 787.--The bill includes language authorizing an
increase in the amount of a cash-value voucher in the
``Special Supplemental Nutrition Program for Women, Infants,
and Children (WIC)''.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2022
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 117-
97 (``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 2022; and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2022. 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, 2022, 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 2022, 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 $570,000,000 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 $559,000,000. The increased
funding level is intended to support programmatic increases
including up to $1,000,000 for the Survey of International
Air Travelers (SIAT), up to $3,000,000 to increase support
for the review of requests for exclusion from steel and
aluminum tariffs applied under section 232 of the Trade
Expansion Act of 1962 (19 U.S.C. 1862), and up to $3,000,000
for the establishment of a ninth Anti-Dumping and
Countervailing Duty (AD/CVD) enforcement office. Further, the
agreement provides no less than the fiscal year 2021 enacted
level for ITA to continue to support 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). For fiscal year
2022, ITA is directed to follow prior year directive adopted
in Public Law 116-260, on ``General Data Protection
Regulation.''
Enforcement and Compliance.--The agreement provides no less
than $105,500,000 for Enforcement and Compliance (E&C).
Within the amounts provided, the agreement includes up to
$1,300,000 for staffing and other necessary expenses to
support enhancement and administration of the Aluminum Import
Monitoring system.
Global Markets.--The agreement provides no less than the
fiscal year 2021 enacted level for Global Markets. Further,
the agreement modifies direction in the House report and
directs ITA to submit to the Committees, no later than 120
days after enactment of this Act, a report outlining the
Department's recommendations and estimated costs to increase
U.S. trade and investment opportunities, including the
expansion of the U.S. Commercial Service, in Africa and
regions of international strategic significance for the
United States such as Latin America, the Caribbean, and the
Pacific.
International Commercial Engagement.--In addition to the
House report directives on U.S. Export Assistance Centers,
the agreement supports ITA's efforts to increase its
international commercial engagement efforts, to include
hiring additional staff, and to establish new international
offices in countries that are of strategic and economic
importance to the United States. Prior to the establishment
of any new international office, ITA is directed to provide
the Committees with a detailed spend plan no later than 30
days prior to the obligation of funds to establish the
office.
Quad Strategic Partnership.--The agreement encourages ITA
to promote and strengthen the economic ties within the Quad
strategic partnership among the United States, India, Japan,
and Australia.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The agreement includes $141,000,000 for the Bureau of
Industry and Security (BIS), an increase of $8,000,000 above
the fiscal year 2021 enacted level. Within the funds
provided, BIS is directed to support efforts as described
under ``Human Rights Violations'' in the House report. For
fiscal year 2022, BIS is directed to follow the prior year
directive adopted in Public Law 116-260, on ``Export Control
Regulatory Compliance Assistance.''
Section 232 Exclusion Process.--The agreement clarifies
that the report regarding how the Department will promote
transparency and consistency in its process of granting and
denying exclusion requests directed by the House report shall
be submitted not later than 120 days after the enactment of
this Act.
Information and Communications Technology and Services
Supply Chain.--Within the funds provided, the agreement
provides funding to support BIS's responsibilities related to
the implementation of Executive Order 13873, ``Securing the
Information and Communications Technology and Services Supply
Chain.'' The agreement expects BIS will be the bureau
responsible for executing this initiative within the
Department.
Economic Development Administration
The agreement includes $373,500,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA).
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The agreement includes $330,000,000 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............................................... $120,500
Partnership Planning....................................... 34,500
Technical Assistance....................................... 12,500
Research and Evaluation.................................... 2,000
Trade Adjustment Assistance................................ 13,500
Economic Adjustment Assistance............................. 37,500
Assistance to Energy Transition Communities................ 62,500
Regional Innovation Program Grants......................... 45,000
STEM Apprenticeships....................................... 2,000
============
Total Economic Development Assistance Programs......... $330,000
------------------------------------------------------------------------
Rural Economic Development.--EDA is directed to coordinate
with regional development organizations to support rural
economic development by addressing pressing rural issues,
including the opioid epidemic, inequities in broadband
access, and the need for innovation in legacy industries,
including in the use and value-added manufacturing of forest
products. The agreement notes that EDA can support rural
economic development by advancing technologies, including
precision agriculture, through public-private partnerships,
collaborative research and development incubators.
EDA is further directed to consider geographic equity in
making all award decisions and to ensure that rural projects
are adequately represented among those selected for funding.
Additionally, EDA shall continue to follow prior year
direction, contained in the explanatory statement
accompanying Division B of Public Law 116-260, on the
following topics: ``Economic Adjustment Assistance'' and
``New Forest Products.''
Broadband Infrastructure.--The agreement encourages EDA to
prioritize broadband infrastructure projects in underserved
areas and to support projects that address challenges facing
rural communities, including lack of access to affordable,
high-speed broadband.
Aeronautics.--The agreement encourages EDA to support
communities looking to expand the presence of aeronautics-
related industries.
Regional Innovation Program (RIP).--The agreement provides
$45,000,000 for RIP grants, also referred to as Build to
Scale (B2S). Of this amount, no less than $38,000,000 shall
be for the i6 Challenge and no less than $7,000,000 shall be
for Seed Fund Support. EDA shall continue to ensure that RIP
awards go to multiple grantees in diverse geographic areas
and increase its focus on organizations and States that have
not previously received funding from the program.
[[Page H1773]]
Within funds provided for RIP, EDA shall award not less than
40 percent of grants to support rural communities.
Assistance to Energy Transition Communities.--Within the
funds provided for Assistance to Energy Transition
Communities, the agreement provides $41,500,000 for
assistance to coal communities, an increase of $8,000,000
above the fiscal year 2021 enacted level and adopts the House
language on this topic. Also within Assistance to Energy
Transition Communities, the agreement further provides
$16,500,000 for assistance to nuclear power plant closure
communities and $4,500,000 for assistance to biomass power
plant closure communities.
Persistent Poverty.--The agreement modifies the House
definition of the term ``high-poverty area'' to mean any
census tract with a poverty rate of at least 20 percent as
measured by the most recent 5-year data series available from
the American Community Survey of the Census Bureau, or which
is otherwise identified through the use of publicly available
modeled data which support improved estimates at the lower
geographic levels.
The agreement further directs EDA, and encourages other
bureaus within the Department, to increase the share of
investments in persistent poverty counties, high-poverty
areas, and any other impoverished communities identified by
the Department.
The House direction to provide a report regarding
Persistent Poverty communities is not adopted. Rather, the
agreement directs the Department, no later than 180 days
after the enactment of this Act, to submit to the Committees
a report that includes a description of efforts to improve
economic conditions in persistent poverty counties and high-
poverty areas, including an assessment of the economic impact
of such efforts, to the extent practicable. In the case of
any EDA program for which at least 10 percent of the funds
allocated in fiscal year 2021 were not allocated to
persistent poverty counties, such report shall explain why
such benchmark was unable to be met and what steps are being
taken to meet it in fiscal year 2022.
Public-Private Partnerships.--EDA is encouraged to invest
in public-private partnerships that target distressed
communities seeking to diversify their local workforce.
Essential Health Services.--EDA is encouraged to support
economic development projects that address disparities in
essential health services in rural and economically
distressed communities.
Technical Assistance.--EDA is encouraged to provide
technical assistance to applicants from communities affected
by the decline of the manufacturing economy.
Travel and Tourism.--The tourism industry was
disproportionately affected by the COVID-19 pandemic, and the
agreement notes that applicants may request EDA funds for
certain travel promotion activities.
Program Duplication.--EDA is directed to ensure, to the
greatest extent practicable, that its grant programs avoid
duplication and overlap with any other Federal grant
programs.
SALARIES AND EXPENSES
The agreement includes $43,500,000 for EDA salaries and
expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The agreement includes $55,000,000 for the Minority
Business Development Agency (MBDA), an increase of $7,000,000
above the fiscal year 2021 level. The agreement directs MBDA
to allocate $37,000,000 of its total appropriation toward
cooperative agreements, external awards, and grants. The
agreement provides $10,000,000 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, $3,000,000 shall be to continue
the entrepreneurship pilot with Historically Black Colleges
and Universities, Hispanic Serving Institutions, Alaska
Native Serving Institutions, Native Hawaiian Serving
Institutions, and Tribal Colleges and Universities initiated
in fiscal year 2021.
Hiring.--The agreement notes MBDA's high vacancy rate and
directs the agency to expedite its efforts to fill all
outstanding vacancies.
Business Centers.--The agreement provides not less than
$21,000,000 to continue MBDA's traditional Business Center
program and Specialty Project Center program.
Native American Business Development.--The agreement
provides not less than $3,000,000 for MBDA to award grants to
Tribes and American Indian, Alaska Native, and Native
Hawaiian populations to address barriers to economic
development and directs MBDA to coordinate with the
Department's Office of Native American Business Development
on these efforts.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The agreement includes $116,000,000 for Economic and
Statistical Analysis (ESA). The increased funding level is
intended to support up to $1,000,000 to meet requirements of
the Foundations for Evidence-Based Policymaking Act of 2018
(Public Law 115-435).
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). For fiscal year 2022, ESA
is directed to follow prior year direction adopted in Public
Law 116-260, on ``Outdoor Recreation Satellite Account.''
Bureau of the Census
The agreement includes $1,354,000,000 for the Bureau of the
Census (``Census Bureau'').
Expanded Population Data Collection.--In lieu of language
in the House report, the agreement directs the Census Bureau
to follow all administrative rules and procedures with
respect to adding or modifying existing survey content, and
to keep the Committees apprised of these efforts.
CURRENT SURVEYS AND PROGRAMS
The bill provides $300,000,000 for the Current Surveys and
Programs account. Within the funds provided, the agreement
supports the establishment of the High Frequency Data
Program.
Survey of Income and Program Participation (SIPP).--The
agreement provides no less than the fiscal year 2021 enacted
level for SIPP.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,054,000,000 in direct appropriations
for the Periodic Censuses and Programs account. For fiscal
year 2022, the Census Bureau is directed to follow prior year
directives adopted in Public Law 116-260, on ``Ensuring the
Integrity and Security of Surveys and Data,'' ``Utilizing
Libraries and Community Partners for Census Surveys,'' and
``American Community Survey.''
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The agreement includes $50,000,000 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 up to $7,500,000 for broadband mapping in
coordination with the Federal Communications Commission (FCC)
and no less than $12,006,000 for Advanced Communications
Research. The agreement retains language from previous years
for reimbursements for the coordination of spectrum
management, analysis, and operations, and directs NTIA to
submit a report to the Committees no later than June 1, 2022,
detailing the collection of reimbursements from other
agencies. The agreement encourages NTIA, in coordination with
the FCC and other appropriate stakeholders, to continue
ensuring spectrum access for scientific activities, and
directs NTIA to provide a report to the Committees no later
than 180 days of enactment of this Act on the coordination
efforts underway.
Federal Advanced Communications Test Site (FACTS).--In lieu
of House language on Advanced Communications, the agreement
notes the importance of the FACTS project to the goal of
expanding research and development in radio frequency
spectrum management. The agreement encourages NTIA to submit
proposals regarding this project in future budget requests.
Next Generation Broadband in Rural Areas.-- NTIA is
encouraged to coordinate with other relevant Federal agencies
to identify and pursue policies that enable effective and
efficient broadband deployment nationwide while advancing
next-generation technologies and to avoid efforts that could
duplicate existing networks. NTIA is further 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
the project's total cost where practicable.
Policy and Technical Training.--The agreement provides up
to $289,000 for NTIA to work with the FCC and the Department
of State to provide support for activities authorized under
section 7 of Public Law 98-549. As part of these activities,
NTIA may provide assistance and guidance in policy and
technical training to impart best practices to information
technology professionals from developing countries.
National Broadband Map Augmentation. --The agreement
directs NTIA to continue to follow the directives related to
rural Tribal broadband availability, access in unserved and
underserved communities, and standardized data collection
contained in the explanatory statement accompanying Division
B of Public Law 116-260 under the heading ``National
Broadband Map Augmentation.''
Federal Spectrum Management.--The agreement directs NTIA to
continue to evaluate options for repurposing spectrum for
broadband in support of making 500 megahertz (MHz) of
spectrum available for wireless broadband use and provide an
annual update on the progress in making 500 MHz of spectrum
available for commercial mobile use.
Domain Name Registration.--NTIA is directed, through its
position within the Governmental Advisory Committee, to work
with the Internet Corporation for Assigned Names and Numbers
(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.
[[Page H1774]]
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)
$4,058,410,000, to be derived from offsetting fee collections
estimated for fiscal year 2022 by the Congressional Budget
Office. The new appropriation methodology proposed in fiscal
year 2022 is roundly rejected. The agreement expects future
USPTO budget requests will reflect the longstanding practice
of providing USPTO with complete and unfettered access to the
amount equal to the estimated patent and trademark fee
collections for a given fiscal year.
Intellectual Property Attaches.--USPTO shall continue to
follow the directives contained in the explanatory statement
accompanying Division B of Public Law 116-260 regarding
USPTO's intellectual property attaches.
National Institute of Standards and Technology
The agreement includes $1,230,063,000 for the National
Institute of Standards and Technology (NIST).
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $850,000,000 for NIST's Scientific
and Technical Research and Services (STRS) account. House
funding levels for programs in STRS are not adopted, rather
the agreement provides not less than the fiscal year 2021
enacted level for: (1) Advanced Communications Research and
Standards; (2) Next-Generation Semiconductor Research and
Standards; (3) Greenhouse Gas Program and Urban Dome
Initiative; and (4) Disaster Resilience Research Grants. The
agreement further adopts: (1) House direction on Quantum
Information Science and provides no less than $49,000,000;
and (2) House direction on Malcolm Baldrige Performance
Excellence Program and provides no less than $2,500,000. The
agreement accepts the proposed reorganization of units within
the Associate Director Laboratory Programs included in the
budget request.
NIST Center for Neutron Research (NCNR) Restart.--The
agreement provides sufficient funding to address costs
associated with the cleanup, restart, and corrective actions
related to the restart of the NCNR. NIST is reminded that
timely communication with the Committees is critical to
address incidents of this nature that occur outside of the
budget cycle. Given the lateness in the communication, no
later than 45 days after the enactment of this Act, NIST
shall provide the Committees with a spending plan detailing
where and which programs and/or which budgetary accounts NIST
proposes to obligate, reprogram, or transfer from to pay for
these costs. NIST is directed to examine all unobligated
balances and prior-year recoveries first prior to proposing
reductions to programmatic efforts. As the NCNR reactor is
more than 50 years old and its current U.S. Nuclear
Regulatory Commission license will expire in 2029, NIST is
encouraged to engage with the academic and research community
on an assessment of future needs.
Climate and Energy Measurement, Tools, and Testbeds.--The
agreement includes an increase of no less than $2,500,000
above the fiscal year 2021 enacted level to support the
request for Climate and Energy Measurement, Tools, and
Testbeds. Within these funds, NIST is encouraged to expand
its work on direct air capture and carbon dioxide removal and
sequestration research.
Forward-Looking Building Standards.--Within the increase
provided for Climate and Energy Measurement, Tools, and
Testbeds, NIST is directed to continue to coordinate work
with NOAA and other appropriate Federal agencies and
interested non-Federal parties, as needed, to identify a
consistent and authoritative set of climate information that
emphasizes forward-looking climate data and projections that
should be utilized in the standard-setting process. These
data shall include projections of both chronic climate
impacts, such as sea level rise, and extreme weather events,
such as hurricanes, floods, and droughts. This effort shall
serve to aid both Federal and non-Federal bodies to develop
standards, building codes, and voluntary standards that take
into account increasingly extreme weather events and other
climate change challenges.
Wildfires and the Wildland-Urban Interface.--The agreement
adopts House direction on Wildfires and the Wildland-Urban
Interface and provides an increase of up to $1,000,000 above
the fiscal year 2021 enacted level for this purpose from
within the increase provided for Climate and Energy
Measurement, Tools, and Testbeds.
Artificial Intelligence (AI).--The agreement provides no
less than $31,000,000 for NIST's AI research and measurement
science efforts. NIST is directed to develop resources for
government, corporate, and academic uses of AI to train and
test systems, model AI behavior, and compare systems. Within
funding provided, NIST is encouraged to meet growing demand
for the Facial Recognition Vendor Test and to improve the
test as outlined in Senate Report 116-127 and adopted by
Public Law 116-93.
Framework for Managing AI Risks.--NIST shall continue the
multi-stakeholder process of developing a framework for
managing risks related to the reliability, robustness, and
trustworthiness of AI systems as directed in Public Law 116-
260. No later than 180 days after the enactment of this Act,
NIST shall report to the Committees on efforts to engage with
stakeholders, its progress in developing a framework, and
identify the timeline needed to finalize its first iteration.
Cybersecurity.--The agreement adopts House direction on
Cybersecurity and provides an increase of no less than
$1,500,000 above the fiscal year 2021 enacted level,
including an increase of no less than $500,000 above the
fiscal year 2021 enacted level for the National Initiative
for Cybersecurity Education (NICE) Regional Alliances and
Multi-stakeholder Partnerships to Stimulate (RAMPS)
Cybersecurity and Workforce Development program.
Additionally, NIST is encouraged to address the rapidly
emerging threats to data privacy by furthering the
development of new and needed cryptographic standards and
technologies.
National Initiative for Improving Cybersecurity in Supply
Chains.--NIST is encouraged to establish a National
Initiative for Improving Cybersecurity in Supply Chains, in
partnership with the private sector, to bolster the
technology foundations and put in place the practical steps
needed to ensure the security and integrity of the technology
supply chain in accordance with Executive Order 14028.
Cybersecurity of Genomic Data.--The agreement provides up
to $2,000,000 for NIST and the National Cybersecurity Center
of Excellence (NCCoE) to continue the cybersecurity of
genomic data use case that was initiated in fiscal year 2021.
NIST and NCCoE shall continue to partner with non-
governmental 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.
Forensic Sciences.--The agreement provides $20,500,000 for
forensic science research, including no less than $3,300,000
to support the Organization of Scientific Area Committees and
no less than $1,200,000 to support technical merit
evaluations.
Circular Economy.--The agreement supports NIST's work on
the circular economy and provides no less than the fiscal
year 2021 enacted level for these activities with plastics
and other materials in the supply chain. The agreement
provides up to $1,000,000 to support further work on other
classes of materials including electronics waste, battery and
solar waste, and other waste streams. In addition, the
agreement provides no less than the fiscal year 2021 enacted
level for competitive external grants for academic
institutions to investigate plastic and polymeric materials,
as well as novel methods to characterize both known and newly
developed materials. Such investigations should address ways
to increase the strength of recycled plastics and better
understand mechanical properties including tensile stress,
compressive stress, thermal properties, and nanostructure of
polymeric materials that could serve as industry standards
for recycled plastic products.
NIST Diversity, Equity, and Inclusion.--The agreement
provides $11,500,000 for NIST to support development of a
diverse workforce and new pipelines for the next generation
of innovative scientists and engineers, helping to improve
diversity, inclusion, and equity in STEM careers as outlined
in Executive Order 13985.
Pyrrhotite in Concrete Aggregate.--The agreement provides
$2,000,000 for NIST to continue working with academic
institutions to study and develop a reliable and cost-
effective standard for testing for the presence of excessive
amounts of the mineral pyrrhotite in concrete used in
residential, commercial, and municipal foundations and
structures. NIST shall also develop a risk rating scale which
quantifies the amount of pyrrhotite that causes the concrete
or the concrete foundation to become structurally unsound.
Specifically, the risk rating scale should provide guidance
to homeowners, local, state, and federal governments, the
private sector, and the general public as to what quantities
of pyrrhotite may exist in the concrete without significantly
weakening the material. NIST is also directed to work with
academic partners to investigate mitigation strategies for
concrete structures that may not yet have developed cracking
but contain pyrrhotite. Mitigation research may include both
laboratory research and/or research on properties in situ.
Regenerative Medicine Standards.--The agreement adopts
House direction on Regenerative Medicine Standards and
provides $2,500,000.
Public Health Risk to First Responders.--The agreement
includes $3,000,000 for NIST to continue the study of new and
unused personal protective equipment worn by firefighters to
determine the prevalence and concentration of 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.
Composites.--NIST is encouraged to work with academic
institutions, in collaboration with State and industry
partners, to develop new composite technologies to solve
problems in the manufacturing space and related materials
industries. NIST is also encouraged to work with relevant
Federal agencies to aggregate existing standards and test
methods for the use of composites and other innovative
materials in infrastructure, as well as to identify barriers
to broader market adoption.
Unmanned Aerial Vehicle (UAV) Challenges and
Credentialing.--The agreement provides no less than the
fiscal year 2021 enacted level for NIST's UAV research
challenges and
[[Page H1775]]
credentialing program. Within the funding provided, NIST
shall continue to partner with academic institutions to
execute UAV prize-based challenges and to establish the
measurements and standards infrastructure necessary for
credentialing remote pilots.
Voluntary Voting System Guidelines.--The agreement commends
NIST for the release of Voluntary Voting System Guidelines
2.0. NIST is encouraged to continue advanced research to
ensure that voting machines are secure and accessible to all
eligible voters.
NIST External Projects.--The agreement includes $37,598,000
for NIST External Projects as detailed in the table below.
NIST is directed to provide the amounts listed in the table,
and NIST shall perform the same level of oversight and due
diligence as with any other external partners.
NIST EXTERNAL PROJECTS
------------------------------------------------------------------------
Recipient Project Amount
------------------------------------------------------------------------
CNY Defense Alliance.............. Smart Technology Lab $200,000
Initiative.
Colorado State University......... Soil Carbon $l,000,000
Sequestration
Research Project.
Emporia State University.......... Cyber Security $l,500,000
Center.
Mississippi State University...... Training and $4,000,000
Standards for UAS
Certification.
Pittsburg State University........ Polymer and Plastic $3,000,000
Research at the
National Institute
for Materials
Advancement.
Plymouth State University......... Technology and $l,000,000
Equipment Upgrades.
Rensselaer Polytechnic Institute.. Nuclear Magnetic $984,000
Resonance Facility
Enhancement.
Roux Institute at Northeastern Advanced and $l,000,000
University. Additive
Manufacturing
Center Development.
The University of Mississippi..... Core Testing $2,000,000
Facility for
Graphene and
Graphene-Like
Materials.
University at Buffalo............. High-peifonnance $l,000,000
Computing Drug
Discovery
Initiative.
University of Charleston (WV)..... Advanced Biomedical $385,000
Instrumentation and
Research Training.
University of Colorado............ JILA Laboratory $950,000
Equipment.
University of Delaware............ Biopharmaceutical $3,000,000
Manufacturing
Innovation
Equipment.
University of Kansas Medical Research Equipment $5,000,000
Center. Upgrades.
University of New Mexico.......... University of New $374,000
Mexico Decedent
Image Database.
University of Rhode Island........ Blue Technology $l,500,000
Research Initiative.
University of Southern Mississippi Establishment of a $5,000,000
Joint Industry-
Academic Laboratory
to Provide
Calibration
Services.
University of Southern Mississippi Graphene Product $2,000,000
Validation
Laboratory.
West Virginia University.......... Procurement of $705,000
Technology and
Equipment to
Respond to Opioid
and Violence
Epidemics in WV.
Wichita State University.......... Additive $3,000,000
Manufacturing
Technologies
Research and
Standardization.
------------------------------------------------------------------------
industrial technology services
The agreement includes $174,500,000 for Industrial
Technology Services, including $158,000,000 for the Hollings
Manufacturing Extension Partnership (MEP), an increase of
$8,000,000 above the fiscal year 2021 enacted level. The
agreement further provides $16,500,000 for the Manufacturing
USA Program, 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 and $10,000,000 shall
be used for the continuation of the existing NIST-funded
institute. The agreement modifies House language on MEP
Supply Chain Database to encourage NIST to support these
activities from within available funds.
construction of research facilities
The agreement includes $205,563,000 for Construction of
Research Facilities.
NIST Extramural Construction.--The agreement includes
$125,563,000 for NIST Extramural Construction projects as
detailed in the table below. NIST is directed to provide the
amounts listed in the table, and NIST shall perform the same
level of due diligence as with any other external partners.
NIST EXTRAMURAL CONSTRUCTION
------------------------------------------------------------------------
Recipient Project Amount
------------------------------------------------------------------------
Burlington Technical Center....... Burlington Aviation $10,000,000
Technology Center
Facility.
Fort Hays State University........ Renovation of $17,000,000
Forsyth Library.
Kansas State University Salina Acquisition and $4,750,000
Aerospace and Technology Campus. Renovation of
Aerospace
Simulation Center.
Missouri State University......... Ozarks Health and $20,000,000
Life Science Center.
University of Maine............... Green Engineering $10,000,000
and Materials
Research Factory of
the Future.
University of New Hampshire....... Jackson Estuarine $3,813,000
Lab Expansion and
Renovation.
University of South Alabama Renovation and $60,000,000
College of Medicine. Expansion of
Research Facilities.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration
Fire Weather.--House language on Fire Weather is modified
to encourage NOAA to advance its work on fire weather across
the agency within available funds. Further, any and all
progress in understanding and modeling fire weather
accomplished with supplemental funds provided in the
Infrastructure Investment and Jobs Act (IIJA) (Public Law
117-58) and the Disaster Relief Supplemental Appropriations
Act, 2022 (Public Law 117-43), shall be incorporated into
operational fire weather products as expeditiously as
possible to protect life and property.
Enterprise Infrastructure Solutions (EIS).--The agreement
provides the various requested increases for EIS.
NOAA Commissioned Officer Corps.--The agreement accepts the
administration's proposal to consolidate funding for the NOAA
Commissioned Officer Corps and its supporting functions into
a single Program, Project, or Activity (PPA) within the
Office of Marine and Aviation Operations.
operations, research, and facilities
(including transfers of funds)
The agreement includes a total program level of
$4,423,843,000 under this account for NOAA's coastal,
fisheries, marine, weather, satellite, and other programs.
This total funding level includes $4,157,311,000 in direct
appropriations, a transfer of $243,532,000 from balances in
the ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'' fund, and $23,000,000
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).--$637,700,000 is for NOS
Operations, Research, and Facilities.
NATIONAL OCEAN SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning...................
Navigation, Observations and Positioning................. $169,000
Hydrographic Survey Priorities/Contracts................. 32,000
IOOS Regional Observations............................... 41,000
------------
Navigation, Observations and Positioning................... 242,000
============
Coastal Science and Assessment
Coastal Science, Assessment, Response and Restoration.... 88,500
Competitive Research..................................... 21,500
------------
Coastal Science and Assessment............................. 110,000
============
Ocean and Coastal Management and Services
Coastal Zone Management and Services..................... 49,000
Coastal Zone Management Grants........................... 79,000
National Oceans and Coastal Security Fund................ 34,000
Coral Reef Program....................................... 33,000
National Estuarine Research Reserve System............... 29,700
Sanctuaries and Marine Protected Areas................... 61,000
------------
Ocean and Coastal Management and Services.................. 285,700
============
Total, National Ocean Service, Operations, Research, $637,700
and Facilities........................................
------------------------------------------------------------------------
Navigation Response Teams.--The agreement provides full
operational funding for NOAA's Navigation Response Teams
within Navigation, Observations and Positioning.
Ocean Mapping and Coastal Charting.--The agreement provides
no less than the fiscal year 2021 enacted level for NOS to
continue coordinating and implementing 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 consistent with
prior year direction adopted in Public Law 116-260. In
addition, through NOAA Community Project Funding/NOAA Special
Projects, the agreement provides $5,000,000 for coastal and
nearshore mapping of Alaska.
The agreement notes that the IIJA provides $492,000,000
over five years for coastal and inland flood and inundation
mapping and forecasting, among other purposes, some of which
may be obligated for ocean mapping and charting.
Physical Oceanographic Real-Time System (PORTS) Program.--
The agreement provides no less than the fiscal year 2021
enacted level for PORTS.
Precision Navigation.--The agreement adopts prior year
direction on Precision Navigation, adopted by Public Law 116-
260, encouraging NOAA to commence additional precision
navigation projects.
Research and Technology Development.--The agreement
supports the efforts of the Joint Hydrographic Center funded
through Hydrographic Research and Technology Development and
provides an additional $1,000,000 above the fiscal year 2021
enacted level for additional mapping and charting research
and development activities demonstrating the use of
autonomous vessels for the collection of hydrographic data as
well as for collaborative demonstration, testing, evaluation,
and research-to-operations transition of new technology. In
addition, the agreement provides $2,000,000 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).
Coastal Survey Data.--NOS shall submit a report to the
Committees, no more than one year after enactment of this
Act, on progress it has made toward conducting comprehensive
coastal survey work in Alaska consistent with prior year
direction adopted in Public Law 116-260.
Hydrographic Surveys and Contracts.--For fiscal year 2022,
NOS shall follow prior year direction adopted in Public Law
116-260, on the following topics: ``Hydrographic Surveys and
Contracts,'' ``Hydrographic Charting in the Arctic,'' and
``Seafloor Mapping.''
Integrated Ocean Observing System (IOOS).--The agreement
provides an increase of $500,000 to IOOS, including no less
than $2,500,000 to continue the five IOOS Harmful Algal Bloom
(HAB) pilot programs initiated in fiscal year 2020 and to
continue to support the HAB monitoring and detection test bed
in the Gulf of Mexico initiated in fiscal year 2021. NOS is
encouraged to: (1) work to complete and operate the National
High Frequency Radar System to close key gaps in
[[Page H1776]]
the U.S. surface current mapping system; (2) expand the
regional underwater profiling gliders program; and (3)
increase support to maintain the buoy systems supported by
IOOS and to continue to add additional buoys in regional
priority areas.
The agreement notes that the IIJA provides $100,000,000 in
operations funding over five years for improved and enhanced
coastal, ocean, and Great Lakes observing systems, some of
which may be obligated for IOOS.
Coastal Science, Assessment, Response and Restoration.--The
agreement provides no less than the fiscal year 2021 enacted
level for operations and staffing of the Gulf of Mexico
Disaster Response Center. Additionally, the recommendation
includes $1,000,000 above the fiscal year 2021 enacted level
for the Disaster Preparedness Program.
National Centers for Coastal Ocean Science (NCCOS).--The
agreement provides $50,000,000 for NCCOS, an increase of
$3,000,000 above the fiscal year 2021 enacted level. House
language on Sea Level Rise is modified to encourage NOAA to
further these efforts across NOS, including within the
increase for NCCOS.
NCCOS is encouraged to collaborate with the Hydrology and
Water Resources Cooperative Institute (CI) funded by the
National Weather Service on research priorities and
activities. Therefore, the agreement does not accept the
proposed transfer from Coastal Science, Assessment, Response
and Restoration to Competitive Research.
Harmful Algal Blooms (HABs).--The agreement provides
$21,500,000 for Competitive Research, including not less than
$13,500,000 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 and
to accelerate deployment of effective methods of intervention
and mitigation to reduce the frequency, severity, and impact
of HAB events in freshwater systems, including the Great
Lakes ecosystem. NOS is encouraged to expand its
collaboration with coastal States across the country to
address HABs in the marine environment.
Blue Carbon.--House language on Blue Carbon is modified to
encourage NOAA to undertake this research.
Marine Debris.--The IIJA provides $150,000,000 over five
years for marine debris assessment, prevention, mitigation,
and removal, including $30,000,000 in fiscal year 2022. In
lieu of House language on Marine Debris, NOS is encouraged to
prioritize funding for projects that support cleanup efforts
within marine sanctuaries or marine national monuments,
projects in rural and remote communities that lack
infrastructure to address their marine debris problems, and
projects that address the impact of marine debris in
freshwater systems that are a source of drinking water. NOS
is also encouraged to support the programs authorized in the
Save our Seas 2.0 Act (Public Law 116-224).
Integrated Water Prediction (IWP).--Within funding provided
for Coastal Zone Management and Services, the agreement
provides no less than the fiscal year 2021 level for NOS to
continue to collaborate on the development and operation of
the IWP program with the National Weather Service, in
addition to work funded in the IIJA.
Improving Coastal Resilience.--Within the increased funding
for Coastal Zone Management and Services, NOAA is encouraged
to increase engagement, service delivery, and training to
equip coastal communities, especially those with underserved
populations, with improved capacity to address coastal
hazards. In addition, NOAA is encouraged to translate climate
data and information into tools, services, and training that
can be used for decision-making at a community level.
Digital Coast Act.--The agreement provides up to $3,000,000
for implementation of the Digital Coast Act (Public Law 116-
234) and activities to support it.
Regional Data Portals.--The agreement provides $2,500,000
for the regional ocean partnerships (ROPs), 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. In addition, the IIJA provides $56,000,000 over
five years to enhance ROPs, or their equivalent, including
$11,200,000 in fiscal year 2022.
National Oceans and Coastal Security Fund (NOCSF).--The
agreement provides $34,000,000 for the NOCSF, also known as
the National Coastal Resilience Fund. In addition, the IIJA
provides $492,000,000 over five years for the NOCSF,
including $98,400,000 in fiscal year 2022.
Coral Reef Program.--The agreement provides no less than
the fiscal year 2021 enacted level for NOS to work with
academic institutions and non-governmental research
organizations to establish innovative restoration projects to
restore degraded coral reefs, such as NOAA's ``Mission:
Iconic Reef'' initiative to restore coral reefs within the
Florida Keys National Marine Sanctuary. In addition, through
NOAA Community Project Funding/NOAA Special Projects, the
agreement provides $2,986,000 for four coral projects and
notes that additional funding is available for these
activities through the IIJA.
National Estuarine Research Reserve System (NERRS).--The
agreement notes the recent expansion of NERRS to a 30th site
and provides an increase of $1,200,000 above the fiscal year
2021 enacted level. The agreement further encourages the
continued expansion of the network.
National Marine Sanctuaries Designations.--The agreement
provides an increase of $4,500,000 for Sanctuaries and Marine
Protected Areas and adopts the House direction on National
Marine Sanctuaries Designations. Within the increase, NOS is
encouraged to continue the expansion of the network of
protected marine and Great Lakes areas.
National Marine Fisheries Service (NMFS).--$1,015,955,000
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----....... $147,750
Species Recovery Grants-------........................... 7,000
Atlantic Salmon--------.................................. 6,500
Pacific Salmon --------.................................. 67,000
------------
Protected Resources Science and Management----............. 228,250
============
Fisheries Science and Management
Fisheries and Ecosystem Science Programs and Services---- 153,750
Fisheries Data Collections, Surveys, and Assessments----. 187,500
Observers and Training--------........................... 57,000
Fisheries Management Programs and Services-----.......... 129,400
Aquaculture---------..................................... 18,000
Salmon Management Activities-------...................... 63,050
Regional Councils and Fisheries Commissions -----........ 42,902
Interjurisdictional Fisheries Grants------............... 3,372
------------
Fisheries Science and Management------..................... 654,974
============
Enforcement---------....................................... 77,731
============
Habitat Conservation and Restoration------................. 55,000
============
Total, National Marine Fisheries Service, Operations, $1,015,955
Research, and Facilities-.............................
------------------------------------------------------------------------
For fiscal year 2022, NMFS shall follow prior year
direction and, if applicable, funding levels adopted by
Public Law 116-260 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,'' ``False Killer
Whales,'' ''Electronic Monitoring and Reporting,''
``Northwest Fisheries Ecosystem Monitoring System,''
``American Lobster and Jonah Crab Research,'' ``Plankton
Recorder Survey,'' ``Cooperative Research,'' ``International
Fisheries Management Coordination,'' ``Bycatch Reduction,''
and ``Regional Pilots in Sustainable Aquaculture.'' Further,
the agreement provides no less than $4,000,000 for the John
H. Prescott Marine Mammal Rescue Assistance Grant Program and
also adopts House language on ``Foreign Fisheries'' and
provides $750,000 for this purpose.
Offshore Wind Energy.--The agreement provides no less than
$6,250,000 for the requested initiatives to support the
growth of offshore wind energy, including no less than:
$2,000,000 in Marine Mammals, Sea Turtles, and Other Species;
$3,000,000 in Fisheries and Ecosystem Science Programs and
Services; and $1,250,000 in Fisheries Management Programs and
Services. Further, within the increase provided for Fish Data
Collections, Surveys, and Assessments, NMFS shall prioritize
efforts to mitigate impacts to scientific surveys of the
development of offshore wind facilities.
Transition to Climate-Ready Fishery Management.--The
agreement modifies House language on ``Transition to Climate-
Ready Fishery Management'' to encourage NMFS to adapt its
fishery management practices to the reality of the changing
climate and to deliver the climate-informed advice needed for
effective marine resource management in rapidly changing
oceans.
NMFS Project Consultations.--The agreement provides no less
than the fiscal year 2021 enacted level for NMFS to address
the backlog of consultation requests under the Endangered
Species Act (ESA) (Public Law 93-205), the Marine Mammal
Protection Act (MMPA) (Public Law 92-522), and Essential Fish
Habitat.
In addition, the IIJA provides $20,000,000 over five years
for consultations and permitting related to the ESA, the
MMPA, and Essential Fish Habitat, including $4,000,000 in
fiscal year 2022.
North Atlantic Right Whales (NARW).--The agreement provides
$16,000,000 above the fiscal year 2021 enacted level within
Marine Mammals, Sea Turtles, and Other Species for NARW-
related research, monitoring, and conservation efforts. In
addition, through NOAA Community Project Funding/NOAA Special
Projects, the agreement provides $815,000 for two projects
regarding lobster industry outreach about NARW protections.
NOAA shall continue to support disentanglement, stranding
response, and necropsy activities, and is encouraged to
develop habitat and distribution models and long-term tagging
methods. NOAA is directed to support monitoring efforts,
including aerial surveys, vessel surveys, and passive
acoustic monitoring in the waters of the Atlantic Ocean that
is equivalent to or greater than the efforts supported by the
fiscal year 2021 enacted level, particularly in the Gulf of
Maine and other areas where there are data gaps on NARW
habitat or increased risk from human activities, including
vessel traffic. Within increased support provided, no less
than $1,000,000 above the fiscal year 2021 enacted level
shall be to support pilot programs to develop, refine, and
field test innovative lobster and other fishing gear
technologies as described in Senate
[[Page H1777]]
Report 116-127 and codified in Public Law 116-93.
Within increased funding provided, $14,000,000 shall be
provided to States through the Atlantic States Marine
Fisheries Commission to cover costs incurred by the fishing
industry to comply with the final 2021 rule to modify the
Atlantic Large Whale Take Reduction Plan (ALWTRP) (FR-210827-
0171), as well as additional uses outlined below. This
assistance may be used by the relevant States to help defray
the cost of compliance with new regulations, including for
gear modification, configuration, and marking within the
Northeast lobster and Jonah crab fisheries, both in Federal
and State waters. Additional eligible uses of the funds may
include implementing electronic tracking requirements within
the Northeast lobster fishery and research to inform future
management actions, including in preparation for potential
subsequent modifications to the ALWTRP. Funding to the States
shall be proportional to the number of active federally
permitted lobster trap harvesters in each State, and no State
with at least 20 active federally permitted lobster trap
harvesters shall receive less than 4 percent of the total
funding.
NOAA shall continue to work with Canada to develop risk
reduction measures that are comparable in effectiveness for
both vessels and fisheries, and to incorporate Canadian
fishery measures, Canadian vessel restrictions, and U.S.
vessel restrictions into the evaluations under the
Conservation Framework, as soon as possible. NOAA is also
encouraged to improve regional management efforts by
including pertinent States and interstate bodies in bilateral
engagements with Canadian officials regarding coordinated
efforts to enhance NARW recovery.
Seafood Industry Research and Assessment.--NMFS shall work
with partners in the Northeast lobster industry, including
all relevant States and the Atlantic States Marine Fisheries
Commission, to closely monitor and assess economic trends
within the industry subsequent to the final 2021 rule to
modify the ALWTRP (FR-210827-0171). NOAA shall report its
findings to the Committees, to include a cumulative estimate
of any economic losses incurred by industry that are directly
attributable to the final rule to modify the ALWTRP, not
later than the end of fiscal year 2022.
Southern Resident Killer Whales.--The agreement provides
not less than $2,000,000 across NMFS to support the recovery
of the Southern Resident killer whales.
Sea Turtle Stranding Response and Rehabilitation.--NOAA is
encouraged to provide direct support to institutions and
organizations permitted to provide sea turtle stranding
response and/or rehabilitation, including through
partnerships with capable university veterinary schools.
Sea Turtle Conservation.--NOAA is directed to maintain
adequate capacity of the sea turtle stranding and
rehabilitation program in existing NMFS facilities until the
agency can confirm that these critical activities have been
fully assumed by partner organizations.
Atlantic Salmon.--NOAA is directed to enable a broader use
of funds for restoration of diadromous species and habitats
that support salmon recovery by providing ecological
functions critical to the Atlantic salmon lifecycle. NOAA is
encouraged to partner with States to develop fish passage
performance standards for sea-run species and prioritize
project selection, funding and staff resources considering
those benefits.
Northeast Groundfish Research.--Within funding provided for
Fisheries and Ecosystem Science Programs and Services, the
agreement provides $2,500,000 for groundfish research for
purposes consistent with prior year direction adopted by
Public Law 116-260. Within funding provided, $500,000 shall
be obligated to continue ongoing work on implementing the
recommendations set forth in the New England Fishery
Management Council's Fishery Data for Stock Assessment
Working Group Report, as directed in Public Law 116-93, and
to continue ongoing work on implementing the recommendations
set forth in the 2020 report of the Groundfish Trawl Task
Force, as directed in Public Law 116-260. This funding is
intended to support new and innovative research, including by
the Northeast Fisheries Science Center, separately by, or in
collaboration with, outside partners such as higher education
institutions or State agencies, and in cooperation with the
fishing industry.
Fisheries Surveys.--NMFS is directed to take the necessary
steps to ensure that historical levels of survey coverage are
achieved in fiscal year 2022 and the agreement provides an
additional $8,000,000 above the fiscal year 2021 enacted
level within Fisheries Data Collections, Surveys, and
Assessments for this purpose. NMFS is directed 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.
This amount also fully funds both Northeast Area Monitoring
and Assessment Program (NEAMAP) trawl surveys, including the
Maine-New Hampshire Inshore Trawl Survey, as well as an
acoustic pollock survey in the Bering Sea.
Fisheries Information Networks.--The agreement provides no
less than the fiscal year 2021 enacted level for both
Fisheries Information Networks and Fisheries Information
Systems grants.
State Management for Recreational Red Snapper.--The
agreement reiterates past direction that successful
implementation of Reef Fish Amendment 50: State Management
for Recreational Red Snapper shall be a top priority for NOAA
and that such efforts should occur in coordination with the
Gulf States. Within the amount provided for Fisheries Data
Collections, Surveys, and Assessments, the agreement provides
not less than $5,000,000 for NMFS to continue to work with
the Gulf States to ensure successful implementation of State
management for red snapper. The agreement supports the
actions of the Gulf of Mexico Fishery Management Council to
(1) delay implementation of State specific calibration until
2023 and (2) request that NMFS contract with a non-
governmental entity to assess whether the Marine Recreational
Information Program or the catch data programs administered
by the Gulf States provide the best estimates of recreational
red snapper catch in the Gulf of Mexico, as directed in
Public Law 116-260. The agreement supports full integration
of the Great Red Snapper Count data and Gulf States catch
data into the upcoming red snapper research track stock
assessment to be completed in 2023 and in the operational
assessment that will follow in 2024, so that the Gulf of
Mexico Fishery Management Council can appropriately use this
new abundance and more targeted catch data when making
management decisions regarding red snapper.
Data Collection for Recreational Fisheries.--The agreement
provides up to the fiscal year 2021 enacted level to support
collaborative programs focused on improving recreational
fishery data collection, as articulated in sections 102, 201,
and 202 of the Modernizing Recreational Fisheries Management
Act of 2018 (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.
South Atlantic Reef Fish.--The agreement adopts House
language on South Atlantic Reef Fish, including by providing
no less than $1,800,000 for this purpose. NOAA is directed to
consider conducting a multiyear, agency-independent study to
evaluate the selectivity and potential bias of different
gears used to assess reef fish populations in the South
Atlantic region.
Chesapeake Bay Atlantic Menhaden Abundance.--NMFS is
encouraged to collect Atlantic menhaden abundance data in the
Chesapeake Bay in partnership with the Atlantic States Marine
Fisheries Commission and relevant States.
Northeast Multispecies Fishery.--The agreement rejects the
proposed cut to Observers and Training and provides not less
than $5,500,000 for grants to the fishing industry to fully
cover At-Sea Monitoring industry costs, including sector
costs, in the New England groundfish fishery. Any additional
At-Sea Monitoring costs, including shore side infrastructure,
observer training, observer equipment and gear, electronic
monitoring, and NOAA support costs shall, to the extent
practicable, be included in subsequent budget requests,
starting in fiscal year 2023. NOAA shall ensure the costs and
benefits of At-Sea Monitoring are commensurate with the gross
revenues of vessels in the fishery. Before obligating any of
these funds, NOAA shall provide the Committees with a
detailed spending plan.
North Pacific Observer Coverage.--Within Observers and
Training, the agreement provides no less than $7,500,000 for
the North Pacific Observers Program. NOAA is encouraged to
support the transition to electronic monitoring and reporting
and 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
$1,500,000 within Fisheries Management Programs and Services
and $1,500,000 within Enforcement to support the continued,
timely implementation of electronic logbooks for the
federally permitted charter-for-hire sector in the Gulf of
Mexico.
Video Review of Electronic Monitoring Data.--House language
on ``Video Review of Electronic Monitoring Data'' is modified
to, within funding provided for Fisheries Management Programs
and Services, provide no less than $400,000 for the video
review of the West Coast groundfish electronic monitoring
data.
Gulf of Mexico Shrimp Fishing Effort.--NMFS is directed, in
consultation with the Gulf of Mexico Fishery Management
Council and shrimp industry stakeholders, to continue the
development and implementation of the newly approved
Electronic Logbook program (ELB) that archives vessel
position and automatically transmits scientific shrimp
fishing effort data via cellular service to NMFS. NMFS is
further directed to submit a report to the Committees not
more than 180 days after enactment of this Act outlining
progress made to develop and implement the new ELB program.
Pacific Bluefin Tuna.--The agreement modifies House
language on Pacific Bluefin Tuna to encourage this work
within available resources.
Predator Control Pilot Program.--NOAA is encouraged to
conduct a predator control pilot program on the Tuolumne
River funded by the Modesto Irrigation District, the Turlock
Irrigation District, and the San Francisco Public Utilities
Commission. In implementing the program, NOAA should
[[Page H1778]]
work with appropriate State agencies and consider and, as
appropriate, adopt the implementation findings from the
Stanislaus program.
Marine Aquaculture.--Within NMFS Aquaculture, the agreement
provides $500,000 above the fiscal year 2021 enacted level
for NOAA to upgrade equipment and to increase the amount of
staff focused on aquaculture at all NMFS fisheries science
centers, including to return staffing levels to those in
fiscal year 2010 at the Northeast and Northwest Fisheries
Science Centers.
Oyster Aquaculture, Research, and Restoration.--The
agreement provides up to $10,000,000 agency-wide for ongoing
research on shellfish as described in the House report. No
less than the fiscal year 2021 enacted level is provided for
ongoing research on off-bottom Eastern oyster production.
NMFS is encouraged to support regional partnerships with
coastal research institutions.
Salmon Management Activities.--The agreement provides no
less than $39,500,000 for Pacific Salmon Treaty (PST)
activities. Before funding may be obligated, NOAA is directed
to provide the Committees with a detailed spending plan
consistent with prior year direction adopted in Public Law
116-260. Further, NOAA is encouraged to minimize, to the
extent practicable, the amount of funds withheld for
administrative expenses.
The agreement notes that projects supporting PST
obligations may be eligible for support through the Pacific
Coastal Salmon Recovery Fund, including the additional
$34,400,000 provided by the IIJA for fiscal year 2022.
The agreement also provides an increase of no less than
$1,000,000 above the fiscal year 2021 enacted level for
Mitchell Act hatchery programs.
Little Port Walter Research Station and Salmon Hatchery.--
The agreement provides no less than the fiscal year 2021
enacted level within Fisheries Management Programs and
Services to continue Chinook salmon production at rearing
rates consistent with those produced between 2016 and 2020 at
the Little Port Walter Research Station.
Understanding Ocean Uses.--Upon adoption of the Draft
Addendum XXIX to Amendment 3 to the Interstate Fishery
Management Plan for American Lobster by the Atlantic States
Marine Fisheries Commission, NMFS is encouraged to implement
the addendum through the Atlantic Coastal Fisheries
Cooperative Management Act (Public Law 103-206) before the
start of the 2023 fishing year.
Illegal, Unregulated, and Unreported (IUU) Fishing.--The
agreement modifies House language to provide no less than the
fiscal year 2021 enacted level to combat IUU fishing. NMFS is
encouraged to further test and evaluate the effectiveness of
U.S. commercial space-based radio frequency data collection
capabilities to track foreign vessels engaged in IUU fishing
activities in the U.S. Exclusive Economic Zone and other
remote maritime regions of economic, environmental, or
national security significance.
Seafood Import Monitoring Program.--NOAA is encouraged to
pursue the most efficient, effective, and sustainable
mechanisms to determine a chain of custody for fish or fish
products, and to improve systems used to identify and bar
fish or fish products sourced using convict, child, forced,
or indentured labor. NOAA is encouraged to consult with the
Department of Homeland Security, the Department of Labor, and
other relevant agencies to develop a strategic plan to
develop, mature, and adopt artificial intelligence and
machine learning technologies to detect imports of fish and
fish products at risk of being associated with IUU fishing.
Cooperative Agreements with States.--The agreement provides
not less than $18,500,000 for cooperative enforcement
agreements with States, including for execution of Joint
Enforcement Agreements (JEAs), which are critical for proper
surveillance and enforcement of our Nation's fisheries laws.
No less than 180 days after enactment of this Act, NOAA is
directed to document and report to the Committees on the
needs of its partner State and territorial law enforcement
agencies, in particular with regard to shortages of trained
personnel, maintaining maritime domain awareness, formal
operational agreements with other Federal law enforcement
agencies, access to advanced technological enforcement tools,
and other issues as warranted.
Northeast Lobster Enforcement.--The agreement provides no
less than the fiscal year 2021 enacted level for NMFS, in
partnership with the relevant States, JEA partner agencies,
and the Atlantic States Marine Fisheries Commission, to
continue the pilot offshore lobster enforcement program.
Habitat Restoration.--The agreement provides $12,244,000
through NOAA Community Project Funding/NOAA Special Projects
for nine habitat restoration projects. Further, the agreement
notes that the IIJA provides a total of $891,000,000 for
restoring marine, estuarine, coastal, or Great Lakes
ecosystem habitat and restoring fish passage, including
$178,200,000 in fiscal year 2022.
Chesapeake Bay Oyster Restoration.--The agreement provides
no less than the fiscal year 2021 enacted level within
Habitat Conservation and Restoration to support oyster
restoration in the Chesapeake Bay.
Seafood Inspection Program.--The agreement notes that the
Seafood Inspection Program is intended to operate under a
fee-for-service model. As such, it is expected that fee
levels shall be set in a manner to ensure that they cover all
NOAA's costs without any reliance on appropriated funds.
Office of Oceanic and Atmospheric Research (OAR).--
$599,448,000 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.......... $89,000
Regional Climate Data and Information.................... 45,000
Climate Competitive Research............................. 66,000
------------
Climate Research........................................... 200,000
============
Weather and Air Chemistry Research.........................
Weather Laboratories and Cooperative Institutes.......... 87,665
U.S. Weather Research Program............................ 26,763
Tornado Severe Storm Research/Phased Array Radar......... 17,000
Joint Technology Transfer Initiative..................... 13,000
------------
Weather and Air Chemistry Research....................... 144,428
============
Ocean, Coastal, and Great Lakes Research...................
Ocean Laboratories and Cooperative Institutes............ 37,110
National Sea Grant College Program....................... 76,000
Sea Grant Aquaculture Research........................... 13,500
Ocean Exploration and Research........................... 43,410
Integrated Ocean Acidification........................... 16,000
Sustained Ocean Observations and Monitoring.............. 49,000
National Oceanographic Partnership Program............... 2,000
------------
Ocean, Coastal, and Great Lakes Research................... 237,020
============
High Performance Computing Initiatives..................... 18,000
============
Total, Office of Oceanic and Atmospheric Research., $599,448
Operations, Research, and Facilities..................
------------------------------------------------------------------------
The agreement provides no less than the fiscal year 2021
enacted level for Arctic research funded under Climate
Laboratories and Cooperative Institutes and Regional Climate
Data and Information. House language regarding Deep Seabed
Mining is not adopted. OAR is encouraged, within available
resources, to increase its focus on methane emissions,
consistent with House direction.
Climate Change Adaptation and Resilient Infrastructure.--
The agreement adopts House language regarding Climate Change
Adaptation and Resilient Infrastructure and includes
$10,000,000 to provide information and services to support
the Nation's efforts to prepare for and adapt to the impacts
of climate change. As part of this effort, NOAA shall
initiate the development of a global-nested high-resolution
atmospheric model which will allow for the delivery of more
accurate and geographically focused climate services across
all timescales.
In addition, through NOAA Community Project Funding/NOAA
Special Projects, the agreement provides $13,914,000 for
climate science, adaptation, and resilience projects.
Atmospheric Baseline Observatories (ABOs).--The agreement
adopts House direction regarding ABOs and provides an
increase of $2,000,000 above the fiscal year 2021 enacted
level. Some ABOs and other Global Monitoring Laboratory sites
are in locations vulnerable to natural hazards, therefore,
NOAA is also encouraged to consider how to provide continuity
of atmospheric observations in a cost-effective manner, and
to submit its findings to the Committees, along with
proposals to address the issue.
Changing Hydroclimatology of the Western United States.--As
part of NOAA's focus on expanding climate services to inform
climate adaptation efforts, NOAA, in collaboration with the
Interagency Integrated Water Cycle Group (IWCG) of the U.S.
Global Change Research Program (USGCRP), including the
National Aeronautics and Space Administration (NASA), the
Department of the Interior, the U.S. Army Corps of Engineers,
the Council on Environmental Quality, and other Federal
agencies, as appropriate, shall conduct a study of
hydroclimatological changes in the major river basins of the
Western United States over the next 30 years.
Not later than 24 months after enactment of this Act, NOAA
shall submit a report to the Committees on the results of the
study, which shall include, to the extent possible,
methodological evaluation and probabilistic modeling of
future changes in the volumes of water naturally available
and natural water cycle in the different regions of the West;
taking into consideration the impacts of rising temperatures,
changes to snowpack, hydrologic extremes, changes in the
timing and quantity of runoff, and other factors, as deemed
appropriate. The report shall also include a discussion of
associated impacts on ecosystems, aquatic biology, and food
production.
Further, not later than 270 days after the enactment of
this Act, NOAA is directed, in collaboration with the Federal
agencies listed above, to develop and deliver to the
Committees a plan to establish a long-term research and
monitoring program to improve the understanding of the
hydroclimato-
logical changes in the major river basins of the Western
United States. This program shall be envisioned to publish
updates to the study requested above at a cadence of 5-year
intervals. The plan shall also identify sources of
uncertainty in the hydroclimato-logical outlook for the
Western United States and enumerate initiatives that
associated Federal agencies might undertake to improve future
studies.
To support this work on western water across timescales, as
well as to advance the work on Sub-seasonal to Seasonal (S2S)
weather prediction, the agreement provides an increase of
$2,000,000 above the fiscal year 2021 enacted level to
Climate Competitive Research.
Earth's Radiation Budget.--The agreement provides no less
than the fiscal year 2021 enacted level for continued
modeling, assessments, and, as possible, initial observations
and monitoring of stratospheric conditions and the Earth's
radiation budget, including
[[Page H1779]]
the impact of the introduction of material into the
stratosphere from changes in natural systems, increased air
and space traffic, and the assessment of solar climate
interventions. NOAA is encouraged to develop an interagency
program, in coordination with the Office of Science and
Technology Policy (OSTP) and other relevant agencies, to
manage near-term climate hazard risk and coordinate research
in climate intervention and to coordinate with NASA for long-
range manned and autonomous in-situ atmospheric observational
capabilities. OAR is also directed, in coordination with NASA
and the Department of Energy (DOE), as appropriate, to
improve the understanding of the impact of atmospheric
aerosols on radiative forcing, as well as on the formation of
clouds, precipitation, and extreme weather.
NOAA is directed to support OSTP, in coordination with DOE
and the National Science Foundation (NSF), to provide a five-
year plan, not later than 180 days after enactment of this
Act, with a scientific assessment of solar and other rapid
climate interventions in the context of near-term climate
risks and hazards. The report shall include: (1) the
definition of goals in relevant areas of scientific research;
(2) capabilities required to model, analyze, observe, and
monitor atmospheric composition; (3) climate impacts and the
Earth's radiation budget; and (4) the coordination of Federal
research and investments to deliver this assessment to manage
near-term climate risk and research in climate intervention.
Climate Adaptation Partnerships.--The agreement provides
$2,500,000 above the fiscal year 2021 enacted level within
Regional Climate Data and Information to greatly expand OAR's
Climate Adaptation Partnerships (CAPs), formerly known as the
Regional Integrated Sciences and Assessments program, to help
communities plan for and build lasting and equitable climate
resilience.
VORTEX-USA.--The agreement provides no less than $7,500,000
for VORTEX-USA, including no less than $7,000,000 for VORTEX-
SE.
Earth Prediction Innovation Center (EPIC).--Within funding
for the U.S. Weather Research Program, the agreement provides
no less than the fiscal year 2021 enacted level for EPIC, as
authorized by the NIDIS Reauthorization Act of 2018 (Public
Law 115-423).
Next Generation Phased Array Weather Radars.--Within
Tornado Severe Storm Research / Phased Array Radar, the
agreement provides an increase of $2,500,000 above the fiscal
year 2021 enacted level, as requested, to develop advanced
phased array weather radar systems and to strengthen NOAA's
collaboration with current CI partners with expertise in this
area. This investment should also work in parallel to provide
complementary research and development to meet National
Weather Service requirements and to reduce long-term
operations and maintenance costs of the future national radar
network. Further, no later than 270 days after enactment of
this Act, NOAA is directed, through its intramural radar
research center of excellence at the National Severe Storm
Lab and its affiliated academic partner, to provide a report
on the feasibility and capability for a single-face rotating
phased array radar to improve NOAA's weather prediction.
National Sea Grant College Program.--The agreement provides
$76,000,000 for the National Sea Grant College Program, which
includes an increase of no less than $2,000,000 above the
fiscal year 2021 enacted level for the base program that
funds universities in States and Territories around the
country.
In addition, the IIJA provides $50,000,000 over five years
for marine debris prevention and removal through the National
Sea Grant College Program, including $10,000,000 in fiscal
year 2022.
Coastal Resilience.--Within funding provided for the Sea
Grant program, NOAA is encouraged to increase coastal
resilience activities across all State programs. This may
include recruitment of resilience-focused staff and enhancing
research, engagement, decision support, and project
implementation. NOAA is encouraged to prioritize work to
enhance the coastal resilience of remote communities most at-
risk for natural disasters and chronic events, with a
priority given to challenges faced by Tribal, indigenous, or
economically disadvantaged communities.
American Lobster Research.--Within funding for the Sea
Grant program, the agreement provides $2,000,000 for
partnerships among State agencies, academia, and industry to
address American lobster research priorities in the Gulf of
Maine, Georges Bank, and southern New England. Research
should focus on development of gear technologies, including
subsea gear location field work and operationalizing
technology to the scale of commercial fisheries, as well as
other relevant topics necessary to help industry comply with
the requirements set forth in the final 2021 rule to modify
the ALWTRP (FR-210827-0171).
Contaminants of Emerging Concern.--The agreement provides
$1,000,000 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.
Local and Regional Seafood Systems.--House language and
funding for ``Local and Regional Seafood Systems'' is not
adopted, instead this initiative is funded through a NOAA
Community Project Funding/NOAA Special Project.
Highly Migratory Species (HMS).--House language regarding
HMS is modified to encourage Sea Grant to collaborate with
NMFS on HMS research within available funds, for Atlantic,
Pacific, and Gulf of Mexico HMS.
Young Fishermen Training.--NOAA is encouraged to provide
training, education, outreach, and technical assistance for
young fishermen through the Sea Grant program as authorized
under the Young Fishermen's Development Act (Public Law 116-
289).
Ocean Exploration and Research.--The agreement adopts the
House direction for Ocean Exploration and Research and
directs NOAA to spend funding within the U.S. Exclusive
Economic Zone.
Ocean Acidification.--The agreement adopts House language
regarding the Integrated Ocean Acidification Program and
provides $16,000,000, an increase of $500,000 above the
fiscal year 2021 enacted level for these efforts.
National Oceanographic Partnership Program (NOPP).--The
agreement provides $2,000,000 for NOPP to facilitate
interagency and public-private partnerships to advance ocean
science research, development, and education. Within the
funding provided up to $1,000,000 shall be used to support
the establishment of an externally competed NOPP program
office and the Ocean Research Advisory Panel as part of
NOAA's responsibility under Public Law 116-283.
National Weather Service (NWS).--$1,174,470,000 is for NWS
Operations, Research, and Facilities.
NATIONAL WEATHER SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations............................................... $241,500
Central Processing......................................... 103,322
Analyze, Forecast and Support.............................. 562,000
Dissemination.............................................. 106,000
Science and Technology Integration......................... 161,648
============
Total, National Weather Service, Operations, Research, $1,174,470
and Facilities........................................
------------------------------------------------------------------------
NWS Staffing.--The agreement provides an increase of
$25,000,000 above the fiscal year 2021 enacted level for
Analyze, Forecast and Support (AFS) to increase staffing at
weather forecast offices and for the requested adjustments to
base. For fiscal year 2022, NWS shall follow prior year
direction regarding ``NWS Staffing in Alaska'' adopted in
Public Law 116-260.
Programmatic Priorities.--In lieu of House language on
``Sub-seasonal to Seasonal Decision Support Services,'' the
agreement notes the importance of the programmatic priorities
identified in the budget request including, Sub-seasonal to
Seasonal Predictions, Fire Weather Predictions, Flood
Inundation Mapping, Space Weather Research to Operations,
Seasonal Forecast System, Expanding Internship Opportunities,
Expanded and Enhanced Services to Vulnerable and Underserved
Communities and directs NOAA to report to the Committees how
these priorities will be augmented with resources provided in
the IIJA and the Disaster Relief Supplemental Appropriations
Act, 2022 (Public Law 117-43).
National Mesonet Program.--The agreement provides no less
than $22,700,000 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. In
addition, through NOAA Community Project Funding/NOAA Special
Projects, the agreement provides $1,821,000 to expand a State
mesonet program.
National Data Buoy Center (NDBC).--The agreement adopts
direction included in Public Law 116-260 regarding the NDBC,
including the requirement to provide details in NOAA's fiscal
year 2022 spend plan.
Tsunami Warning Program.--The agreement provides no less
than the fiscal year 2021 enacted level for the Tsunami
Warning Program.
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.
Environmental Processes in the Arctic.--Within funding
provided for AFS, NWS is encouraged to develop capacity for
seasonal to multiannual timescale predictions of
environmental processes in the Arctic.
Dissemination.--The agreement provides $106,000,000 for
Dissemination, which includes an additional $12,000,000 above
the fiscal year 2021 enacted level to optimize and upgrade
the integrated dissemination program and the requested
adjustments to base.
Office of Water Prediction (OWP).--The agreement provides
no less than $36,500,000 for the OWP. The agreement
recognizes the need to improve modeling and forecasts for
western water availability, while also facilitating more
efficient transition of water resources prediction
capabilities into operations to meet community needs in all
regions. NOAA is encouraged to coordinate activities funded
in the IIJA related to coastal
[[Page H1780]]
and inland flood and inundation mapping and forecasting and
water modeling through the National Water Center (NWC).
Hydrology and Water Resource Programs.--The agreement
provides $20,000,000 for NOAA to support the Hydrology and
Water Resources CI, which is $5,000,000 above the fiscal year
2021 enacted level. This amount includes $19,000,000 within
Science Technology and Integration (STI) and $1,000,000
within NOS. NOAA is encouraged to leverage the CI to align
maximum precipitation, coastal and inland inundation
forecast, and water modeling activities with funds provided
through Public Law 117-43 and the IIJA.
Consumer Option for an Alternative System To Allocate
Losses (COASTAL) Act Implementation.--The agreement provides
the requested amount within STI for continued development and
implementation of the COASTAL Act (Public Law 112-141). NOAA
is directed to continue to leverage existing Federal assets,
expertise, and partnerships in carrying out COASTAL Act
activities.
Atlas-14.--The agreement does not adopt House language
regarding Atlas-14, but encourages NWS to continue to update
these critical reports from other available funds, including
those provided by the IIJA.
Oversight.--The agreement includes a transfer of $750,000
from NWS to the Department of Commerce Office of Inspector
General (OIG) for budgetary and programmatic oversight
activities. NWS is directed to work collaboratively with the
OIG.
National Environmental Satellite, Data and Information
Service (NESDIS).--$322,131,000 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............... $198,393
Product Development, Readiness and Application........... 41,238
Office of Space Commerce................................. 16,000
U.S. Group on Earth Observations......................... 500
------------
Environmental Satellite Observing Systems.................. 256,131
============
National Centers for Environmental Information............. 66,000
============
Total, National Environmental Satellite, Data and $322,131
Information Service, Operations, Research, and
Facilities............................................
------------------------------------------------------------------------
Office of Satellite and Product Operations.--The agreement
provides $3,000,000 above the fiscal year 2021 enacted level
for Satellite and Product Operations Deferred and Extended
Maintenance, including for upgrades to ground systems and
antenna systems at facilities such as those in Virginia, West
Virginia, and Alaska, as requested.
Product Development, Readiness and Application.--The
agreement provides $12,000,000 above the fiscal year 2021
enacted level to Advance Core Activities and to support Ocean
Remote Sensing. House language regarding Wildfire
Demonstration Products is modified to encourage this work
within available funds.
Office of Space Commerce (OSC).--The agreement provides
$16,000,000 for OSC, which is $6,000,000 above the fiscal
year 2021 enacted level. NOAA is directed to advance space
traffic management and space situational awareness
capabilities, in collaboration with industry and Federal
partners. No later than 45 days after enactment of this Act,
NOAA shall provide the Committees with a detailed spending
plan for the funds provided to OSC. Further, no later than 90
days after enactment of this Act, NOAA shall provide the
Committees a five-year strategic plan for OSC to achieve full
operational capability, including out-year mission
deliverables and expected budgetary requirements.
National Centers for Environmental Information.--The
agreement provides no less than $7,500,000 for Regional
Climate Services, including no less than $5,100,000 for
Regional Climate Centers. The agreement provides $5,500,000
for the Coastal Data Development program, which shall be
considered as the central repository to manage data
collections from NOAA uncrewed systems as authorized by the
Commercial Engagement Through Ocean Technology (CENOTE) Act
(Public Law 115-394).
NESDIS Regional Support.--NESDIS is encouraged to consider
deploying more of its subject matter expertise regionally to
demonstrate new uses of satellite data and integrated
information systems to meet local and specific needs,
educating and partnering with scientists and users in the
community who can use and expand the applications of the
data, and learning from those community users in the process.
Mission Support.--$317,535,000 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..................................... 28,230
Mission Services and Management.......................... 166,000
IT Security.............................................. 15,438
Payment to the DOC Working Capital Fund.................. 67,867
Facilities Maintenance................................... 6,250
------------
Mission Support Services................................... 283,785
============
Office of Education:
BWET Regional Programs................................... 8,250
Jose E. Serrano Educational Partnership Program with 20,000
Minority Serving Institutions...........................
NOAA Education Program Base.............................. 5,500
============
Office of Education........................................ 33,750
============
Total, Mission Support, Operations, Research, and $317,535
Facilities............................................
------------------------------------------------------------------------
Sexual Assault and Sexual Harassment.--NOAA is directed to
continue implementing NOAA Administrative Order (NAO) 202-
1106 on sexual assault and sexual harassment prevention and
is provided an increase of $900,000 above the fiscal year
2021 enacted level from within available funds across NOAA.
NOAA shall continue to provide the Committees with a copy of
the report required under Section 12.02 of NAO 202-1106.
Technical Transfer.--The agreement accepts the proposed
transfer from the DOC Working Capital Fund to Mission
Services and Management.
NOAA's Open Data Dissemination (NODD).--The agreement
supports the NODD initiative to improve public access to
climate change data and to transition NOAA data to the cloud.
NOAA shall deliver to the Committees, no later than 120 days
after enactment of this Act, a report detailing these
efforts.
Cybersecurity.--NOAA is directed to fully implement the
recommendations in the OIG report ``NOAA Inadequately Managed
Its Active Directories That Support Critical Missions'' (OIG-
22-018-A) to prevent cyberattacks.
Facilities Maintenance.--The agreement provides $6,250,000
for Facilities Maintenance to address the growing backlog of
deferred maintenance needs at NOAA facilities. Before any of
these funds may be obligated, NOAA is directed to provide the
Committees with a detailed spending plan consistent with
prior year direction adopted in Public Law 116-260. Within
the funding provided, NOAA shall begin the business case
analysis for a new center of excellence, as requested.
Providing Opportunities within the Ocean Sciences.--NOAA is
encouraged to partner with an established consortium of
higher education, industry, and non-profit organizations to
offer access to a research vessel and to associated
programming dedicated to increasing opportunities for
underrepresented groups within the ocean sciences.
National Ocean Sciences Bowl (NOSB).--NOAA is directed to
meet its obligations to fully fund the NOSB in fiscal year
2022, in partnership with other agencies and non-Federal
entities.
Office of Marine and Aviation Operations (OMAO).--
$272,250,000 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........................ $173,000
Aviation Operations and Aircraft Services................ 34,500
Autonomous Uncrewed Technology Operations................ 14,000
NOAA Commissioned Officer Corps.......................... 50,750
============
Total, Office of Marine and Aviation Operations, $272.250
Operations, Research, and Facilities..................
------------------------------------------------------------------------
Office of Health Services.--The agreement supports the work
of the Office of Health Services and encourages NOAA to
expand the program throughout the agency within funds
provided agency-wide.
Charter Vessels.--NOAA is encouraged to enter into charter
agreements for the services of not less than two private
sector vessels to supplement its charting and survey efforts
to address the growing backlog of unfulfilled missions,
particularly those in Arctic waters.
Monitoring of Atmospheric Rivers.--The agreement provides
up to $2,000,000 within Aviation Operations and Aircraft
Services to observe and predict atmospheric rivers.
Airborne Phased Array Radar (APAR).--No later than 90 days
after enactment of this Act, and in coordination with OAR,
NWS, and external partners, OMAO is directed to develop and
submit to the Committees a complete research-to-operations
transition plan for APAR, in accordance with the requirements
for agency transition plans set forth under NAO 216-105B,
section 3.06.
Autonomous and Uncrewed Technology Operations (AUTO).--OMAO
is reminded that AUTO was established and placed within OMAO
to support and augment the operational and research
requirements of NOAA's line offices. Within the funds
provided for AUTO, no less than $5,000,000 shall be used to
support extramural partnerships with universities and
oceanographic institutions for uncrewed maritime systems
(UMS) that can serve as a cost-effective augmentation for
traditional crewed assets. Further, the agreement provides up
to $3,000,000 to continue funding agency-wide data
acquisition from UMS, as defined within Public Law 115-394,
as well as for acquisition of UMS that can serve as a cost-
effective augmentation for relevant research missions and
fisheries data collection surveys.
Furthermore, NOAA is encouraged to continue to use
partnerships with universities, oceanographic institutions,
and other Federal agencies, especially the Naval Meteorology
and Oceanography Command and the Naval Undersea Warfare
Center, to leverage UMS assets and facilities to support
program development. OMAO is also encouraged to coordinate
with IOOS regarding use of underwater gliders and surface
vehicles when implementing the NOAA Unmanned Systems
Strategy. NOAA is directed to utilize the NOAA Fleet Council
to submit a prioritized, agency-wide list of research and
operational missions that could be performed or augmented
using UMS as part of NOAA's fiscal year 2022 spending plan.
[[Page H1781]]
Aviation Accession Training.--The agreement provides no
less than $500,000 within NOAA Commissioned Officer Corps to
support OMAO's aviation accession training program, as
authorized in section 105 of Public Law 116-259.
NOAA Community Project Funding/NOAA Special Projects.--NOAA
is directed to provide the amounts listed in the table below
of NOAA Community Project Funding/NOAA Special Projects
consistent with NOAA's existing authorities, jurisdictions,
and procedures, as appropriate. NOAA shall perform the same
level of oversight and due diligence regarding these projects
as with any other external partners.
NOAA COMMUNITY PROJECT FUNDING/NOAA SPECIAL PROJECTS
------------------------------------------------------------------------
Recipient Project Amount
------------------------------------------------------------------------
Alabama State Port Authority....... Physical Oceanographic $233,000
Real-Time System
(PORTS) Sensors, Port
of Mobile.
Alaska Division of Geological & Coastal and Nearshore $5,000,000
Geophysical Survey. Mapping of Alaska.
Alaska Research Consortium......... Seafood Processors $987,000
Refrigeration
Certificate Training
Program.
AltaSea at the Port of Los Angeles. Blue Economy STEM $600,000
Education Program.
Audubon Nature Institute........... Emergency Response $435,000
Communications
Eguipment.
Bigelow Laboratory for Ocean Ocean Science STEM $89,000
Sciences. Educational Workshops.
Chicago Metropolitan Agency for Chicago Urban Flood $175,000
Planning (CMAP). Susceptibility
Project.
City of Milwaukie.................. Kellogg Dam Channel $585,000
Study.
Coastal Preservation Network....... Restoration & $263,000
Stabilization of Two
On-Water Platforms on
Flushing Bay.
Columbia River Inter-Tribal Fish Coastal Margin $760,000
Commission. Observation and
Prediction Program
Upgrade and Expansion.
County of Midland.................. Tittabawassee River $400,000
Watershed Data
Collection and
Resiliency Planning.
Department of Land and Natural Coastal Restoration $2,100,000
Resources. and Stewardship.
Division of Conservation and Makai Island Neighbor- $190,000
Resources Enforcement. Watch Pilot Program.
Florida International University... Aquarius Coral Reef $1,135,000
Observatory.
Florida International University... Greater Biscayne Bay $2,000,000
Harmful Algae Bloom
Monitoring Program.
George Mason University............ Virginia Climate $1,979,000
Center.
Georgia Institute of Technology.... Coastal Infrastructure $5,000,000
and Resilience
Research Initiative.
Greater Farallones Association..... Greater Farallones $2,000,000
National Marine
Sanctuary Kelp
Recovery.
Gulf of Maine Research Institute... Gulf of Maine Research $650,000
Institute's Climate
Center Project.
High Technology Foundation......... I-79 Technology $2,000,000
Corridor Consortium.
Kako`o `Oiwi....................... He`eia Restoration.... $1,500,000
Kua`aina Ulu `Auamo................ Restorative $141,000
Aquaculture for Stock
Enhancement.
Lake Champlain Basin Program....... Lake Champlain $750,000
Monitoring
Observatory.
Maine Department of Marine Planning for the $765,000
Resources. Future of Maine's
Lobster Industry.
McKenzie River Trust............... Finn Rock Floodplain $1,699,000
Habitat Restoration
Project.
Monmouth University................ Monmouth University $460,000
Coastal Resilience
Planning.
Montclair State University......... Traveling HAB $400,000
Laboratory Education
Program.
Municipal Alliance for Adaptive Great Bay Estuary $1,000.000
Management. Restoration Plan.
Museum of Science. Inc............. National Center for $1,150,000
Education and
Conservation of
Florida's Coral Reef.
NCCOS Cooperative Oxford Laboratory Bay and Ocean Research $120,000
Initiative.
New England Aquarium............... New England Aquarium $1,000,000
Ocean Research
Programs.
New Hampshire Fish and Game Improving Protections $50,000
Department. for Endangered North
Atlantic Right Whales
and Mitigating
Regulatory Impacts on
U.S. Fisheries.
New Mexico State University........ ZiaMet MesoNet Weather $1,821,000
Monitoring Network
Expansion.
NOAA Office of National Marine Mallows Bay Virtual $95,000
Sanctuaries. Paddle Experience
Development.
NOAA's James J. Howard Marine Social and Ecological $480.000
Sciences Laboratory at Sandy Hook. Resilience Projects
for New Jersey Coasts
and Oceans.
Northern Illinois University....... Understanding and $660,000
Mitigating Future
Weather and Climate
Risks to Agriculture.
Northwest Straits Commission....... Northwest Straits $3.000,000
Marine Conservation
Initiative.
NYC Mayor's Office of Climate Integrated Modeling of $150,000
Resiliency. Compound Flood Risks
Initiative.
Oceans Initiative.................. Targeted Acoustic $322,000
Startle Technology
(TAST) at the Ballard
Locks.
Oregon Department of Fish and Whale Entanglement $100,000
Wildlife. Risk Reduction
Research.
Pacific States Marine Fisheries Expand Adoption of $2,000,000
Commission. Electronic Monitoring
in Alaska Fisheries.
Purple Mai'a Foundation............ Native Hawaiian $445,000
Fishpond Coastal
Monitoring and
Outreach.
Roger Williams University.......... Development for $1,600,000
Equitable Growth of
Shellfish Aquaculture
Industry in Rhode
Island.
San Diego Unified Port District.... Habitat-Friendly $1,000,000
Shoreline Structures.
San Jose State University Research Wildfire $1,150,000
Foundation. Interdisciplinary
Research Center.
Save the Bay....................... Watershed Education $300,000
Program Initiative.
State of Hawai'i Division of Hawaiian Coral Ark $286,000
Aquatic Resources. Facility Support.
Stockton University................ Stockton University, $500,000
Coastal Resiliency
Equipment, Education,
and Outreach.
Texas State University............. Texas State University $2,000,000
Meadows Center
Climate Change Impact
on Water Initiative.
The Desert Research Institute...... Climate Research $2,000,000
Initiative.
The Hawai'i Department of Land and Waikiki Marine Life $415,000
Natural Resources, Division of Conservation District
Aquatic Resources. Coral Restoration.
The Marine Mammal Center........... Emergency Marine $500,000
Mammal Field
Response, Research,
and Rehabilitation.
The Maritime Aquarium at Norwalk... Removal of Derelict $569,000
Lobster Pots.
The National Aquarium, Inc......... National Aquarium STEM $332,000
Education Initiative.
The Nature Conservancy............. Oyster Aquaculture and $150,000
Restoration
Initiative.
The Nature Conservancy Hawai'i..... Putting People to Work $500,000
Supporting Community-
Based Co-Management
of Coastal Resources
in Hawai'i.
The Nurture Nature Center.......... CREATE Resilience $140,000 -
Research and
Community Learning
Hub.
The Ocean Foundation............... Oregon Kelp Forest $945,000
Survey.
The Regents of the University of Mobile LiDAR System... $800,000
California, Scripps Institution of
Oceanography.
The Regents of the University of Southern California $5,600,000
California, Scripps Institution of DDT ocean dumpsite
Oceanography. characterization,
monitoring, and
research pilot
project.
The University of Mississippi...... Infrasonic Weather $2,000,000
Monitoring Research
to Improve Detection
of Violent Weather.
Tillamook County................... Tillamook County Fish $2,500,000
Passage Restoration.
Town of Hempstead, New York........ Marine Nature Study $130,000
Area.
University at Albany - SUNY........ Vertical Sensing $900,000
Evaluation Initiative.
University of Alaska Anchorage..... Engaging Diverse $750,000
Communities in
Stewardship of Wild
Salmon in Cook Inlet.
University of Delaware/Delaware Sustainable Energy $1,290,000
State University. Research.
University of Hawai'i.............. Moku o Lo'e Marine $200,000
Laboratory Refuge Eco-
Friendly Sea Wall
Research.
University of Hawai'i.............. Pu'uloa Shoreline $445,000
Biocultural
Restoration.
University of Maine................ Maine Climate $990,000
Coordination Center.
University of Maine................ Support for Local and $2,000,000
Regional Seafood
Systems.
University of Rhode Island......... On-water Research $250,000
Facility Initiative.
University of Rhode Island......... Sustainable Seafood $1,000,000
Research
Collaborative.
University of Rhode Island......... University of Rhode $1,000,000
Island Integrated
Plastics Research.
University of South Florida........ Observing $2,000,000
Infrastructure to
Address Flooding
Risks Due to Climate
Change at the
Community Level.
University of Vermont.............. University of Vermont, $2,000,000
Land Cover
Observatory.
University of Wisconsin-Madison, Next Generation $1,200,000
Space Science and Engineering Scanning High-
Center. Resolution
Interferometer
Sounder (S-HIS)
Aircraft Instrument.
Virginia Polytechnic Institute and Improving Summer $300,000
State University. Flounder Fisheries
Management in a
Changing Ocean.
Washington Department of Fish and Columbia River $892,000
Wildlife. Pinniped Removal.
Waterfront Alliance, Inc........... Flushing Meadows $531,000
Corona Park: A Hub
for Climate
Resilience.
Worcester State University......... Diversity and $500,000
Inclusion in STEM
Initiative.
------------------------------------------------------------------------
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$1,685,689,000 in direct obligations for NOAA Procurement,
Acquisition and Construction (PAC), of which $1,672,689,000
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......... $6,500
Marine Sanctuaries Construction.......................... 5,000
------------
Total, NOS--PAC........................................ 11,500
============
Office of Oceanic and Atmospheric Research Research 48,500
Supercomputing/CCRI.......................................
============
National Weather Service...................................
Observations............................................. 16,200
Central Processing....................................... 68,000
Dissemination............................................ 10,000
Facilities Construction and Major Repairs................ 13,000
------------
Total, NWS--PAC........................................ 107,200
============
National Environmental Satellite, Data and Information
Service...................................................
Geostationary Systems--R................................. 335,500
Polar Weather Satellites................................. 390,000
Space Weather Follow On.................................. 146,900
Geostationary Earth Orbit................................ 150,000
Low Earth Orbit.......................................... 66,400
Space Weather Next....................................... 55,000
Projects, Planning, and Analysis......................... 15,945
Systems/Services Architecture and Engineering............ 68,500
Common Ground Services................................... 64,294
Satellite CDA Facility................................... 2,450
------------
Total, NESDIS--PAC..................................... 1,294,989
============
Mission Support............................................
NOAA Construction........................................ 59,000
============
Office of Marine and Aviation Operations...................
Fleet Capital Improvements and Technology Infusion....... 25,000
Vessel Recapitalization and Construction................. 106,500
Aircraft Recapitalization and Construction............... 33,000
------------
Total, OMAO--PAC....................................... 164,500
============
Total, Procurement, Acquisition and Construction... $1,685,689
------------------------------------------------------------------------
Judgment Fund Repayment.--The agreement does not provide
funding for NOAA to make payments to the Department of the
Treasury Judgment Fund.
Marine Sanctuaries Construction.--Within funding provided
for Marine Sanctuaries Construction, NOAA is encouraged to
prioritize recapitalization of National Marine Sanctuaries
vessels.
Research Supercomputing.--The agreement provides an
increase of $5,000,000 for Research Supercomputing/CCRI.
Within the increase, NOAA is encouraged to prioritize efforts
to understand and predict sea level rise and coastal
inundation and extreme weather. The agreement also includes
$15,000,000 to continue to develop a dedicated high
performance computing facility consistent with prior year
direction adopted in Public Law 116--260.
In addition, the IIJA provides $80,000,000 for research
supercomputing infrastructure used for weather and climate
model development to improve drought, flood, and wildfire
prediction, detection, and forecasting. Public Law 117-43
provided an additional $50,000,000 for improvements to
operational and research weather and climate supercomputing
and other related systems.
[[Page H1782]]
Integrated Water Prediction (IWP).--The agreement provides
no less than the fiscal year 2021 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, consistent with direction adopted in Public
Law 116-260.
Weather Radar Maintenance.--Within funding provided for NWS
Facilities Construction and Major Repairs, the agreement
provides up to $5,500,000 to support relocation and
recapitalization of existing Doppler weather radars operated
by NWS.
NESDIS Budget Reorganization.--The agreement partially
adopts the proposal to reorganize the NESDIS PAC budget
structure. New Low Earth Orbit (LEO) and Space Weather Next
(SWNext) PPAs are created to complement the current, ongoing
programs of record (i.e., Polar Weather Satellites and Space
Weather Follow On, respectively) and to fund gap mitigation
and risk reduction activities along with supporting
continuity of observations from LEO and those observations
that support NOAA's space weather forecast operations. The
agreement also includes a Common Ground Services PPA,
formerly known as Satellite Ground Services. Within LEO, the
agreement includes the requested amounts for Cooperative Data
and Rescue Services and COSMIC--2/GNSS RO. However, the
proposal to combine funding for next-generation satellite
programs with current, ongoing programs of record that have
lifecycle costs codified in this Act is not adopted.
The agreement provides the fiscal year 2022 requirements
for the Geostationary Extended Observations (GeoXO) program,
which will work towards completion of Phase A studies for the
spacecraft and for the instruments (ocean color, lightning
mapper, infrared sounder, day/night imagery, and atmospheric
composition) identified in the architecture constellation.
No later than 180 days after enactment of this Act, NESDIS
shall provide the Committees with a report about the user
needs and requirements and estimated lifecycle costs of the
next generation of NOAA flagship weather satellites,
including GeoXO, LEO Weather Satellites, and SWNext.
Systems/Services Architecture and Engineering.--The
agreement provides $25,000,000 above the fiscal year 2021
enacted level for Joint Venture Partnerships with NASA and
the commercial sector to continue to leverage emerging
capabilities for NOAA's operational use.
The agreement also provides $17,000,000 for the Commercial
Data Purchase and Commercial Weather Data Pilot programs.
Within these funds and consistent with direction from the
Promoting Research and Observations of Space Weather to
Improve the Forecasting of Tomorrow (PROSWIFT) Act (Public
Law 116--181), the agreement provides up to $5,000,000 for a
Commercial Space Weather Data Pilot for NOAA to collaborate
with commercial companies for the testing and analysis of
space weather data.
NOAA Construction.--The agreement provides $59,000,000 for
NOAA's highest priority facilities construction, repair, and
deferred maintenance requirements. NOAA is directed to
prioritize funding for infrastructure projects related to
marine operations, including facilities to accommodate NOAA
research vessels and to immediately inform the Committees if
there are any significant schedule delays or project cost
increases. 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.
Within the funds provided for NOAA Construction, NOAA shall
initiate the regional studies in the Northeast and Southeast
and support the implementation of the Northwest Regional
Footprint Study, as requested. As part of this work, NOAA is
encouraged to accelerate the competitive solicitation process
for proposals from academic, university, and nonprofit
partners to co-locate NMFS laboratories as a means of
leveraging research efforts and enhancing scientific
capabilities.
NOAA Ship Ronald H. Brown.--The agreement provides
$63,000,000, as requested, to commence the mid-life repair
period for the NOAA Ship Ronald H. Brown.
Aircraft Recapitalization.--Within funding for Aircraft
Recapitalization and Construction, the agreement provides
$11,000,000 for NOAA's effort to replace its high altitude
jet, $5,000,000 to begin Service Depot Level Maintenance for
NOAA's two turboprop Hurricane Hunter aircraft, and
$17,000,000 to procure a new King Air aircraft as called for
in the NOAA Aircraft Plan delivered to Congress in October
2019. All future NOAA Aircraft Plans shall include a
procurement plan for each identified aircraft, to include a
current best estimate of the cost to procure such aircraft.
Hurricane Hunter Aircraft.--NOAA's two turboprop Hurricane
Hunter aircraft are critical to accurate hurricane
forecasting and predictions. As the aircraft are approaching
50 years old, it is imperative that NOAA plans for the
eventual replacements. As such, OMAO is directed to continue
its partnership with academia, government, and industry
partners for the engineering, instrumentation, modification,
and acquisition of the Hurricane Hunter replacements in
fiscal year 2022.
Mission Requirement Costs.--NOAA shall, in all future
budget submissions to Congress, detail any unfunded mission
requirement costs, particularly those that are necessary to
maintain the optimal operational tempo of NOAA's assets and
posture of NOAA facilities.
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. NOAA is encouraged to facilitate new vessel
construction, vessel replacement, and upgrades within the
Fisheries Finance Program to the greatest extent practicable.
Departmental Management
SALARIES AND EXPENSES
The agreement includes $80,000,000 for Departmental
Management (DM) salaries and expenses. The increased funding
level is intended to support current services, requested
adjustments to base, including the restoration of positions
that were reduced in fiscal year 2020, and programmatic
changes highlighted herein. The agreement does not assume the
funding for the implementation of Executive Order 13873,
``Securing the Information and Communications Technology and
Services Supply Chain'' and fleet conversion to electric
vehicles within DM salaries and expenses. However, the
agreement expects these important initiatives will be carried
out within and funded by the bureaus, as appropriate, and
directs the Department to provide details on these programs,
where applicable, in the respective bureaus' fiscal year 2022
spend plans. Finally, the agreement supports the
administrative savings identified in the fiscal year 2022
budget request.
For fiscal year 2022, the Department is directed to follow
prior year directives, adopted in Public Law 116-260, under
the headings ``Staffing Report,'' ``Salary Lapse,''
``Department of Commerce Working Capital Fund,'' ``Improving
Trade Data Reporting,'' and ``Section 232 Exclusion
Process.'' Additionally, for fiscal year 2022 the Department
is directed to follow prior year directives included in
Senate Report 116-127 and adopted by Public Law 116-93, on
``Working Capital Funds.''
RENOVATION AND MODERNIZATION
The agreement includes a total of $1,100,000 for the
Renovation and Modernization account. For fiscal year 2022,
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 $30,000,000 for the Department of
Commerce Nonrecurring Expenses Fund to support the business
application system modernization and cybersecurity risk
mitigation efforts at the Department. The agreement provides
up to $20,000,000 for the business application system
modernization. The Department is directed to provide an
updated 5-year budget profile for both programs as part of
the fiscal year 2023 budget request.
In lieu of House report language directing the Department
to review where the cybersecurity related expenses are best
positioned within the Department, the agreement acknowledges
the Department's briefing on its Cyber Reserve Fund Proposal
to the Committees on July 19, 2021.
OFFICE OF INSPECTOR GENERAL
The agreement includes a total of $47,089,000 for the
Office of Inspector General (OIG). This amount includes
$35,783,000 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 $3,750,000 from
NOAA 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 decennial census,
and the business application system modernization. The
agreement directs the OIG to continue its assessment of all
of the working capital funds within the Department as
described in the joint explanatory statement accompanying
Public Law 116-260.
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.
[[Page H1783]]
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 provides congressional notification
requirements for NOAA satellite programs and includes life
cycle cost estimates for certain weather satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may deter child pornography, copyright
infringement, or any other unlawful activity over their
networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of resources, with the consent of
those supplying the resources, to carry out responsibilities
of any statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain services.
Section 109 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
Section 110 provides the Economics and Statistics
Administration certain authority to enter into cooperative
agreements.
Section 111 removes the requirement for matching funds for
amounts provided in this Act through the Manufacturing
Extension Partnership.
Section 112 allows the Secretary of Commerce to waive the
cost sharing requirements for funds provided in this Act
under sections 306, 306A, and 315 of the Coastal Zone
Management Act of 1972.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The agreement includes $127,794,000 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 2022, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 116-260 on the following
topics: ``Trafficking in Persons,'' ``Domestic Trafficking
Victims Fund Special Assessments,'' ``Human Trafficking
Justice Coordinators,'' ``Constitutional Policing,''
``Enforcement of Federal Hate Crimes Law,'' ``Combating
Domestic Terrorism,'' ``Human Rights Crimes,'' ``Wildlife
Trafficking,'' and ``Office of Legal Counsel (OLC)
Opinions.'' The Department shall submit updated reports
consistent with the directives.
In lieu of House language on ``Prosecutions Related to
January 6'', the agreement provides support to DOJ components
funded in this bill to ensure that all criminal activity
associated with the events at the United States Capitol
Complex on January 6, 2021, is investigated and prosecuted.
Domestic Extremism.--In lieu of language in the House
Report on concerns about threats aimed at undermining efforts
by law enforcement to address violent extremists, the
Department is directed to report to the Committees on
Appropriations and the Judiciary, within 90 days of the date
of enactment of this Act, on the Department's assessment of
the domestic terrorism threat, including extremists' efforts
to undermine Federal, State, and local law enforcement
agencies; and an analysis of incidents or attempted incidents
of domestic terrorism that occurred in the United States
during the preceding fiscal year.
Emmett Till Unsolved Civil Rights Crimes Reauthorization
Act of 2016.--The agreement includes $14,500,000 for DOJ
component agencies to implement the Emmett Till Unsolved
Civil Rights Crimes Reauthorization Act of 2016.
Task Force on Law Enforcement Oversight and Use of Force
Database.--In lieu of House report language, the Attorney
General is reminded that the joint explanatory statement
accompanying Public Law 116-260 directed the Department to
provide up to $5,000,000 for the establishment and operation
of a Task Force on Law Enforcement Oversight, and section 222
of that Act appropriated $5,000,000 for the development and
operation of a database concerning substantiated instances of
excessive use of force and officer misconduct. Those funds
have not yet been obligated, nor have actions yet been taken
to establish and operate the Task Force and the database as
directed by and funded through that Act.
The Attorney General shall implement these efforts, and
apply the funding, as directed in Public Law 116-260 and in
the joint explanatory statement accompanying that Act, and
report to the Committees not later than 30 days after the
date of enactment of this Act on the status of efforts to
fulfill those directions, the status of funding obligated for
such purposes, and detailed plans for the work of the Task
Force and the operations of the database for fiscal years
2022 and 2023. The Department shall provide updated briefings
on these efforts to the Committees every quarter thereafter.
Strengthening Police-Community Relations.--The agreement
provides $201,000,000 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 $47,500,000, or 30.9 percent, above
the fiscal year 2021 level. The Department shall include as
part of its fiscal year 2022 spending plan details on its use
of these resources and provide the Committees quarterly
updates thereafter.
Responding to Opioids, Methamphetamine, Synthetic Drugs,
and Substance Abuse in Our Communities.--The agreement
includes a total of $572,500,000 in dedicated grant program
funding, an increase of $31,000,000 above the fiscal year
2021 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 $2,421,522,000,
an increase of $85,259,000 above the fiscal year 2021 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 and Operation Engage.
Departmental Efforts to Combat Crimes Against Children.--
The Department is directed to immediately submit the long-
awaited National Strategy for Child Exploitation Prevention
and Interdiction pursuant to 34 U.S.C. 21111(b) and publish
it on the Department website. The report, which is required
to be submitted to Congress every two years, has not been
submitted since April 2016 and the Department has been
directed to submit this report since fiscal year 2020. In
addition, the Department shall comply with directions in the
joint explanatory statement accompanying Public Law 116-260
and immediately submit a detailed staffing and funding report
on the office of the National Coordinator for Child
Exploitation Prevention and Interdiction as this information
is long-overdue. The Department shall submit a crosscut
budget presentation for Crimes against Children as part of
its fiscal year 2023 budget submission and in subsequent
budgets, and continue following directives and reporting
requirements in fiscal year 2022 as specified in the
aforesaid joint explanatory statement.
Cybersecurity.--The Department is directed to maintain a
cybersecurity posture at no less than its fiscal year 2021
level. It is also urged to keep the public apprised of
emerging threats, good cyber practices, and Departmental
efforts to defend the United States from cyberattacks.
Missing and Murdered Indigenous Women.--In consultation
with Tribal governments, the Department shall develop best
practices for the investigation and prosecution of violence
against Native American and Alaska Native women. DOJ shall
undertake a complete review of the sufficiency and
prioritization of its grant programs aimed at survivors of
such violence, including temporary and transitional housing,
education, and workforce development assistance, and shall
include the results of this review, along with the plan to
communicate such grant opportunities to Tribal governments
and organizations, with the fiscal year 2022 spending plan.
Combatting Violent Crime in Indian Country.--U.S. Attorneys
are encouraged to prioritize efforts to investigate and
prosecute violent crimes against Native Americans and Alaska
Natives that occur in Indian Country, to maintain
communication with victims and family members about the
status of ongoing investigations and cases, and to provide as
much information as possible on any declinations. The FBI is
encouraged, in consultation with the Bureau of Indian Affairs
and State, local, and Tribal law enforcement agencies, to
increase resources, including additional FBI agents, to
investigate, respond to, and prevent crimes against Native
Americans and Alaska Natives in Indian Country.
Voting Rights.--The Attorney General is directed to
prioritize resources to enforce the civil provisions of
Federal laws that protect the right to vote, including the
Voting Rights Act, the Uniformed and Overseas Citizens
Absentee Voting Act, the National Voter Registration Act, the
Help America Vote Act, and the Civil Rights Acts.
Federal Law Enforcement Officer and Federal Task Force
Officer Cameras and Accountability.--In lieu of language in
the House Report, the agreement strongly supports the
adoption of rigorous and consistent standards for the use of
camera technology used to record Federal police interaction
with civilians, including during arrests, in pre-planned
operations, and on Federal Task Forces around the Nation.
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 continue ensuring 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 continue consulting
with the heads of each Federal law enforcement agency in
furtherance of the adoption of these programs. Not later than
90 days after the date of enactment of this
[[Page H1784]]
Act, and every 6 months thereafter, the Department shall
submit an update (or 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 an update
(or 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.
National Instant Criminal Background Check System (NICS)
Denials and Prohibited Persons.--The Attorney General shall
continue to follow prior directions to notify State and local
authorities when NICS detects when prohibited individuals
fail a background check in an attempt to make an illegal
firearms purchase, and to publish monthly data on denials and
notifications by State, and by prohibition type, on DOJ's
website.
The Department is directed to submit, within 180 days of
the date of enactment of this Act, a report on NICS denials
and prohibited persons. The report shall identify the number
of notifications provided to each of (1) State law
enforcement, and (2) local law enforcement, for each
prohibited category; the number of denials for which the
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
determined that the person denied was not prohibited by
subsection (g) or (n) of section 922 of the Gun Control Act,
or by State law, from receiving or possessing a firearm; the
number of denials overturned through the appeals process and
the reasons for overturning the denials; the number of
denials with respect to which an investigation was opened by
a field division of the ATF; the number of persons charged
with a Federal criminal offense in connection with a denial;
and the number of convictions obtained by Federal authorities
in connection with a denial.
Financial Fraud.--Older Americans are increasingly targeted
by criminals seeking to swindle them out of their hard-earned
life savings through an ever-growing array of financial
schemes and scams. The Department has taken commendable
action to combat these crimes, including last year conducting
the largest-ever coordinated sweep of senior fraud. The
Attorney General, in setting resource priorities, shall give
priority to investigating reports of financial fraud,
including scams against senior citizens, and to bringing the
perpetrators of these crimes to justice.
McGirt v. Oklahoma.--The agreement appropriately funds the
U.S. Attorney's offices, United States Marshals Service, DEA,
and FBI workload increases resulting from the McGirt v.
Oklahoma decision for fiscal year 2022. These resources will
allow Federal, Tribal, State, and local stakeholders to
further enable cooperation, collaboration, and sharing of
pertinent information to protect all victims and bring all
those who commit a crime to justice.
Business Email Compromise Schemes (BEC).--The FBI has
assessed that ``BEC is one of the fastest growing, most
financially damaging Internet-enabled crimes. It is a major
threat to the global economy.'' The agreement acknowledges
serious concerns with the threats posed by BEC and related
scams, and strongly supports efforts by the Department and
FBI to combat this pernicious crime. The Department is
directed to explore ways to increase collaboration and
coordination with industry and other private sector partners,
and the FBI is directed to release, within 30 days of the
date of enactment of this Act, a public report on the threats
from BEC and related scams.
Department of Justice Recusal Policies.--The Department is
directed to submit, within 30 days of the enactment of this
Act and on an annual basis thereafter, a report regarding the
number of, and reasons for, the recusal of any officer or
employee of any component of the Department of Justice since
January 1, 2020. The report shall also include a description
and summary of any instances where such officer or employee
did not recuse in matters involving a former client or where
recusal was recommended but the officer or employee was not
recused. Such submissions should comply with Privacy Act (5
U.S.C. 552a) requirements and may be subject to redactions
necessary to protect the fair and impartial administration of
justice.
Whistleblower Protections.--The Department is directed to
submit, within 180 days of the date of enactment of this Act,
a report explaining how it will implement the unresolved
recommendation in Management Advisory Memorandum 21-038
regarding the whistleblower rights of its contractors,
subcontractors, grantees, and sub-grantees.
Office of Inspector General Referrals.--The Attorney
General is directed to work with the Office of Inspector
General (OIG) to improve transparency and to publicly report
the number of OIG referrals declined for prosecution each
quarter and, where possible, an explanation of why cases were
declined for prosecution.
Prison Contracts.--In lieu of House report language under
this heading, the Department is directed to brief the
Committees on Appropriations not later than 90 days after the
date of enactment of this Act on current policies and
practices that ensure that any DOJ agency that enters into a
contract or agreement with a nongovernmental organization, or
a State or local government entity for the purpose of
incarcerating or detaining Federal prisoners or detainees in
non-Federal facilities has access to all relevant information
related to such incarceration, detention, treatment or
condition, to include costs, expenditures, or other
performance data. The briefing should cover any factors that
limit access to such information or affect the feasibility of
gathering or accessing such information.
Timely Responses to Committee Inquiries and Meeting Report
Deadlines.--The Department is directed to submit all reports
and studies described in report or explanatory statement
language by the required due date with all required
information. In addition, any requests for information from
the Chairs, Vice Chairs, Ranking Members, or Committee staff
to the Attorney General and any Department component should
be treated as a priority and responded to both courteously
and expeditiously. The Department has multiple reports that
remain outstanding from fiscal year 2021, as well as
Questions for the Record from the Senate's hearing on the
Federal Bureau of Investigation Budget Request for Fiscal
Year 2022, held on June 23, 2021, and these items need to be
submitted immediately. The Department is directed to
immediately submit these items.
Combatting Elder Abuse and Exploitation.--The agreement
provides funding for the continued implementation of Elder
Abuse Prevention and Prosecution Act, as well as for
initiatives at the FBI, USAOs, and the litigating divisions
to combat all forms of elder abuse and exploitation.
Federal Law Enforcement Training Center (FLETC).--The
agreement urges the Department to ensure its law enforcement
components that utilize FLETC continue consulting with FLETC
annually to ensure it is able to provide training
commensurate with each component's needs and hiring goals,
and directs the Department to update the Committees no later
than 60 days after the date of enactment of this Act on these
efforts.
House report language under the heading ``Immigration
Vetting'' is not adopted.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $38,000,000 for Justice Information
Sharing Technology.
Executive Office for Immigration Review
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $760,000,000 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. For fiscal year 2022,
EOIR is directed to continue following the directives in the
joint explanatory statement accompanying Public Law 116-260
on the following topics: ``Immigration Adjudication
Performance and Reducing Case Backlog,'' ``Information
Technology (IT) Modernization,'' and ``Video Teleconferencing
(VTC).'' EOIR shall submit updated reports consistent with
the directives.
Immigration Judge Hiring.--The Attorney General shall
ensure that immigration judges (IJs) hired in fiscal year
2022 will adjudicate cases as their primary function. The
Department is directed to continue filling vacant IJ and
Board of Immigration Appeals positions with highly qualified
individuals who are trained to conduct fair and impartial
adjudications, and to ensure that the selection of these
individuals is from a diverse pool of candidates, including
those with non-governmental, academic, and private bar
experience, to conduct fair, impartial hearings consistent
with due process. As part of the monthly reporting
requirement, EOIR shall report on any IJs sent on a temporary
basis to any court outside of their assigned location
including the number of days designated for the temporary
assignment, the location of the temporary assignment, and the
IJs home location.
Immigration Judge Training.--EOIR is directed to review its
training, to retrain all judges currently on a probationary
period, and to increase the frequency and availability of
training for immigration judges outside the probationary
period. The Department is directed to ensure immigration
judge training emphasizes due process, humanitarian
protections, and cultural sensitivity and includes diverse
training faculty, including from the private bar, the NGO
community, and academia.
Online Address Change System.--EOIR is urged to take steps
to develop and pilot a centralized online mechanism that
enables individuals going through immigration court
proceedings to change their address online directly with EOIR
and automatically provide service to Immigration and Customs
Enforcement.
EOIR Working Group.--Not later than 60 days after the date
of enactment of this Act, EOIR shall convene a working group,
including non-governmental stakeholders, to consider
improvements to the hearing notice process. EOIR is directed
to submit a report, within 1 year of the date of enactment of
this Act, that addresses the possibility of (1) updating the
hearing notice form to be more easily understandable for non-
lawyers and non-native English speakers; (2) translating
hearing notices into respondents' preferred languages; (3)
providing written notice to respondents in their preferred
languages with information about immigration court hearings,
how to use the online EOIR system and EOIR hotline, and how
to change their addresses with the immigration courts; and
(4) providing respondents with the option to receive
automated reminders of upcoming court hearings by text
message and/or e-mail.
[[Page H1785]]
Disposition of EOIR Adjudications.--EOIR is directed to
coordinate with the Department of Homeland Security (DHS) to
brief the Committees jointly, not later than 120 days after
the date of enactment of this Act, about the steps that each
agency takes to effectuate and enforce rulings made by EOIR
immigration judges, once the case is considered final, and
any challenges EOIR and DHS face in this process. EOIR is
directed to provide to the Committees, within 90 days of the
date of enactment of this Act and monthly thereafter, and in
collaboration with DHS, a report that provides metrics on the
number of final orders of removal issued by EOIR that have
resulted in actual removals by DHS during the previous month.
Such report shall separately identify any such order for
which the law does not permit DHS to effectuate the removal
within the period reported. The report shall describe
instances where removals have not been effectuated due to
external circumstances, such as recalcitrant countries or
visa sanctions.
Legal Orientation Program (LOP).--The agreement includes
$24,000,000 for services provided by the LOP, of which
$3,500,000 is for the Immigration Court Helpdesk (ICH). In
lieu of the language in the House report on ``Legal
Orientation Program (LOP)'', the agreement adopts the
relevant directives in the joint explanatory statement
accompanying Public Law 116-260.
Office of Inspector General
The agreement includes $118,000,000 for the Office of
Inspector General.
United States Parole Commission
SALARIES AND EXPENSES
The agreement includes $14,238,000 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 $1,000,000,000 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.
In addition to House report language on ``Animal
fighting,'' the Attorney General is encouraged to enter into
a memorandum of understanding with the Secretary of
Agriculture to encourage greater collaboration on enforcement
of animal welfare laws and to ensure that the Department of
Justice has access to evidence needed to initiate cases.
Civil Rights Violations in State and Local Prisons and
Jails.--Within funding provided, the Civil Rights Division
shall enhance efforts to investigate and address violations
of the Civil Rights of Institutionalized Persons Act (Public
Law 96-247) in State and local prisons and jails.
VaCCINE INJURY COMPENSATION TRUST FUND
The agreement includes a reimbursement of $19,000,000 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 $192,776,000 for the Antitrust
Division (ATR). This appropriation is offset by an estimated
$138,000,000 in pre-merger filing fee collections, resulting
in a direct appropriation of $54,776,000.
Competition in Commodity Markets.--In lieu of House report
language on ``Commodity Benchmark Merger'', the agreement
directs ATR to brief the Committees, not later than 30 days
after the date of enactment of this Act, on competition in
the commodity markets.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The agreement includes $2,419,868,000 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.
UNITED STATES TRUSTEE SYSTEM FUND
The agreement includes $239,000,000 for the United States
Trustee Program.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The agreement includes $2,434,000 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 $21,000,000 for the Community
Relations Service. In lieu of House language on H.R. 1280,
additional resources are provided for expanded conflict
resolution, including mediation and conciliation.
ASSETS FORFEITURE FUND
The agreement includes $20,514,000 for the Assets
Forfeiture Fund.
United States Marshals Service
SALARIES AND EXPENSES
The agreement includes $1,580,000,000 for the salaries and
expenses of the United States Marshals Service (USMS). Within
the funding provided, USMS is directed to give priority to
hiring at the district level. For fiscal year 2022, USMS is
directed to continue following the directives and reporting
requirements in the joint explanatory statement accompanying
Public Law 116-260 for ``International Operations.''
Judicial Security.--Within resources provided, USMS is
directed to continue to enhance its judicial security
program, including through additional district staffing,
field operations, threat-based protective details and risk-
based judicial security events, counter-surveillance and
surveillance detection programs, and judicial security
training.
Regional Fugitive Task Forces (RFTF).--The USMS is directed
to follow the directive in the joint explanatory statement
accompanying Public Law 116-260 for USMS to submit an updated
report on the expansion of the RFTF program. In contemplating
the establishment of new RFTFs, the USMS is directed to give
consideration to regions of the United States that are not
currently served by an RFTF, including the Midwest and New
England.
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 $2,123,015,000 for Federal Prisoner
Detention (FPD).
The Department and USMS are expected to anticipate funding
needs for the FPD account in order to avoid funding
shortfalls and emergency reprogramming. 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, and from the prior year to the current month,
and the associated annualized costs. The Department is
directed to provide these reports on time. The agreement
reiterates House language regarding Executive Order 14006 and
acknowledges that the Department has the discretion to make
exceptions where there is a lack of suitable government-
operated detention space.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $120,681,000 for the salaries and
expenses of the National Security Division.
Modernizing the Foreign Agents Registration Act (FARA)
Process.--The Attorney General is directed to review the
Department's implementation of FARA and provide a report
within 180 days of the date of enactment of this Act that
evaluates the feasibility of requiring all filings by foreign
agents to be made in an electronic, structured data format
where the information is in a machine-processable digital
format and for publication of information in a structured
data format so it can be searched, sorted, and downloaded by
the public, including documentation required when a
registrant terminates a relationship with a foreign client.
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
$381,513,000 is for investigations and $168,945,000 is for
prosecutions.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The agreement includes $10,136,295,000 for the salaries and
expenses of the FBI, including $1,886,120,000 for
Intelligence, $4,113,580,000 for Counterterrorism and
Counterintelligence, $3,516,748,000 for Criminal Enterprises
and Federal Crimes, and $619,847,000 for Criminal Justice
Services. Within the funding provided, the agreement includes
additional resources for counterterrorism, including to
counter domestic terrorism; addressing cyberthreats; and FBI
cybersecurity. Within the funding provided, up to $5,000,000
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. Within the
funding provided, the agreement includes not less than
$169,961,631, including $58,961,631 from section 542 of
division B of Public Law 116-260, to continue to increase the
capacity and efficiency of NICS.
For fiscal year 2022, the FBI is directed to continue
following the directives in the joint explanatory statement
accompanying Public Law 116-260 on the following topics:
``National Use-of-Force Data Collection,'' ``Human Rights
Violations,'' ``Hate Crimes Reporting,'' ``NICS Protocols and
Procedures,'' and ``FBI Police.'' The FBI shall submit
updated reports consistent with the directives.
[[Page H1786]]
National Bioforensic Analysis Center (NBFAC).--Within the
funding provided, the FBI is supported at $21,840,000 for
their role at the NBFAC.
Domestic Violent Extremism.--The FBI is further directed to
submit a report with fiscal year 2020 and 2021 performance
measures for each category and subcategory of domestic
violent extremism (DVE). The report shall describe the number
of special agents and the number of trainings devoted to
each; the number of investigations and enterprise
investigations opened in each; the number of investigations
closed without arrest and the number closed without Federal
charges in each; the number of charged cases dismissed
without a conviction entered in each; and the number of
undercover investigations and confidential informants
targeting each. The report is to be submitted within 180 days
of the date of enactment of this Act. In addition, the FBI
shall include details in its fiscal year 2022 and future year
expenditure plans on domestic terrorism threats and resources
planned to pursue them, as specified in the House report.
Domestic Terrorism Threat Assessments.--In lieu of language
in the House Report on ``Ranking Domestic Terrorism
Threats,'' the FBI is directed to provide the Committees on
Appropriations with terrorism threat category descriptions
and assessments as part of the normal budget review process,
as well as when requested or as new threat scenarios develop,
to ensure the Committees have the necessary insight into the
alignment of threats and resource allocation. The agreement
supports the FBI's ongoing practice of conducting annual
training to ensure compliance with civil rights and civil
liberties laws and regulations.
Combatting Modern Slavery and Human Trafficking.--The
agreement supports the FBI's efforts to combat modern slavery
and human trafficking and recognizes that additional
resources are necessary to enhance FBI field offices' ability
to investigate and prosecute these heinous crimes. The FBI is
directed, in consultation with each field office's Human
Trafficking Program Coordinator, to allocate resources to
those field offices in areas of greatest need, including
rural areas and States with the highest rates of modern
slavery and human trafficking. The FBI is further directed to
report, within 90 days of the date of enactment of this Act,
on the status of these consultations and the allocation of
resources.
Agent Retention.--The FBI is directed to work with the
Office of Personnel Management and committees of authorizing
jurisdiction to find solutions, to include pay scale change
and cost of living adjustments, to retain agents in the face
of cost of living increases.
Whistleblower Protection.--The FBI is directed to submit,
within 90 days of the date of enactment of this Act, a report
describing how it will implement the unresolved
recommendation in GAO's January 2015 report entitled
Whistleblower Protection: Additional Actions Needed to
Improve DOJ's Handling of FBI Retaliation Complaints (GAO-15-
112).
Directed Energy Attacks.--The FBI is directed to brief the
Committees on Appropriations no later than 90 days after the
date of enactment of this Act on the Bureau's efforts to
investigate alleged overseas and domestic attacks and to
coordinate with interagency initiatives to protect U.S.
Government employees from future attacks.
Counter--Unmanned Aerial System (C-UAS) and Law
Enforcement.--The joint explanatory statement accompanying
the Public Law 116-260 directed the FBI to submit a report on
the feasibility of establishing a C--UAS training program for
State, local, and Tribal law enforcement. The FBI is actively
consulting with the Federal Aviation Administration (FAA),
FAA-designated UAS test sites, and other key partners on this
matter. The agreement supports such consultations, and the
development of a concept of operations for State, local, and
Tribal law enforcement organizations to identify malicious
unmanned aircraft, consistent with existing Federal statutes.
The concept of operations should include a five-year roadmap
that provides an assessment and evaluation of the required
training, equipment, technology, coordination, and processes
necessary to achieve this objective.
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; advanced and specialized training
capacities and capabilities to address requirements that
cannot be satisfied at other FBI facilities; and options for
FBI executive management to proactively meet future
operational and facilities requirements. The agreement
provides no less than the fiscal year 2021 level for the
operations of TEDAC and HDS. Furthermore, the agreement
provides fully for the operations of new, collocated
facilities expected to open in 2022, including the Operations
Building, the Technology Building, and the TEDAC Explosive
Technical Lab.
Cyber Information Sharing.--The agreement supports the
FBI's efforts, in partnership with the National Defense Cyber
Alliance, to help shape and lead information sharing pilot
programs, including for the electricity sector and the
academic research institution sector. Such pilot programs
will improve the security of our Nation's sensitive networks
by establishing and enhancing two-way information sharing
between cleared sector partners and the U.S. Government.
Counter-Improvised Explosive Device (IED) Research.--The
agreement supports the development of state-of-the-art
capabilities for researchers to study a range of test
articles under various loading conditions, and potentially
bridge critical science and technology gaps in support of
domestic and international explosive investigations, as the
threat from ground-based and airborne explosive devices will
continue to be a complex security issue for the foreseeable
future.
Advanced Threat Analysis and Data Analytics.--The agreement
supports 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 collaborate with universities on
advanced threat analysis and advanced data analytic solutions
that are tailored to the needs of FBI investigators.
CONSTRUCTION
The agreement includes $632,000,000 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
agreement continues support for 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 increases 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 2021 enacted level to further
support the FBI's 21st Century Facility plans, including
plans for technological requirements, and the FBI is
encouraged to transition from interim facilities to full
operating capabilities. 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
that 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
$2,421,522,000 for the salaries and expenses of the DEA. In
addition, DEA expects to derive $511,659,000 from fees
deposited in the Diversion Control Fee Account to carry out
the Diversion Control Program, resulting in $2,933,181,000 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. The agreement supports DEA expansion
of its partnerships through Operation Engage. Within funding
provided, the agreement supports DEA efforts to reverse the
decline in staffing levels and continue the phased
replacement and enhancement of DEA's aircraft fleet. DEA is
encouraged to assign special agents to the areas most
affected by methamphetamines and opioid trafficking.
For fiscal year 2022, the agreement reiterates directives
in the joint explanatory statement accompanying Public Law
116-260 on the following topics: ``Hemp Testing Technology''
and ``Remote Prescribing of Substances.'' DEA shall submit
updated reports consistent with the directives.
Fentanyl and Fentanyl Precursors Trafficked from China.--
Given the worsening opioid epidemic, DEA is encouraged to
continue its efforts to stem the flow of illicit fentanyl and
fentanyl precursors from China. DEA is directed to brief the
Committees on Appropriations no later than 90 days after the
date of enactment of this Act on these efforts.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The agreement includes $1,531,071,000 for the salaries and
expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives. For fiscal year 2022, the ATF is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 116-260 on the following
topics: ``Crime Gun Intelligence Centers (CGICs),'' ``United
States-Mexico Firearm Trafficking,'' and ``Notification of
Local Authorities.'' The ATF shall submit updated reports
consistent with the directives.
National Integrated Ballistic Information Network
(NIBIN).--The agreement supports efforts to expand the use of
NIBIN and to ensure all law enforcement agencies have access
to NIBIN's correlation services. ATF is encouraged to
continue to build on these investments and consider
additional service models to offer departments of varying
sizes access to NIBIN. The agreement further supports efforts
to develop a comprehensive ballistics strategy, which would
offer end-to-end capabilities for both cartridge casings and
bullets in the NIBIN program. In light of recent interest
from institutions of higher education to use NIBIN as part of
their criminal justice training programs, ATF is encouraged
to promote NIBIN as a critical forensic science tool and to
identify opportunities to build partnerships with criminal
justice training programs.
[[Page H1787]]
Tobacco Enforcement.--ATF is directed to submit a report,
within 60 days of the enactment of this Act, assessing
investments in tobacco initiatives in each fiscal year since
2017 and identifying the amounts proposed to be invested in
such programs in fiscal year 2022. ATF is urged to increase
tobacco-related investigations and cases and to increase its
focus on tobacco-related training and staff retention at
every level.
ATF Laboratories.--ATF is directed to submit a report,
within 30 days of the enactment of this Act, assessing ATF's
existing laboratory infrastructure, to include staffing and
operating costs, and the merit of aligning ATF laboratory
facilities in areas that can accommodate strong forensics and
ballistics partnerships with institutions of higher
education.
House report language under ``Firearms Trafficking Report''
and ``Privately Made Firearms'' is not adopted.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $7,865,000,000 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 (FSA), including
medication-assisted treatment, FSA programming staff, and
Special Education instructors at each Bureau of Prisons (BOP)
facility. The agreement provides $194,607,000 above the
request to sustain and increase BOP hiring efforts.
For fiscal year 2022, BOP is directed to continue following
the directives in the joint explanatory statement
accompanying Public Law 116-260 on the following topics:
``First Step Act (FSA) Implementation,'' ``Additional
Requirements of the FSA,'' ``Residential Reentry Centers,''
``Hiring, Staffing, and Inmate-to-Officer Ratios,''
``Vacancies,'' ``Medication Assisted Treatment (MAT),''
``Home Confinement,'' and ``Inmate Mental Health and
Restrictive Housing''. BOP shall submit updated reports
consistent with the directives. DOJ and BOP are reminded of
the requirement to submit all reports to the Committees on
time, including those required quarterly.
Augmentation.--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 custodial 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. The reports
shall also include the number of hours, and associated
additional cost, of overtime recorded at each institution.
In addition, BOP shall include with its fiscal year 2023
budget submission, and each year thereafter, a detailed
report for each Federal correctional facility at which two or
more Federal inmates have died in one calendar year,
describing each incident and the role augmentation may have
played in exacerbating the inherent dangers present at those
locations.
Correctional Officer Pay.--BOP, in consultation with the
DOJ Justice Management Division, is directed to review
current pay scales for its correctional officers in
comparison to comparable employees in DOJ law enforcement
components and State and local agencies, to include assessing
the potential opportunity to raise the pay band and any
associated resource requirements. The results of the review
shall be shared with the Committees not later than 180 days
after the date of enactment of this Act.
Overtime Pay Rate.--BOP shall report to the Committees not
later than 90 days after the date of enactment of this Act on
its application of the Fair Labor Standards Act (FLSA) in
determining the rate of overtime pay for BOP employees. The
report should break out how many employees, on an annual
basis, are paid at a non-FLSA rate; the rationale for making
such distinctions; and the potential, along with any cost
implications, of compensating all employee overtime at a full
FLSA overtime rate.
Faith-based Recidivism Reduction Programming.--The First
Step Act directs the Attorney General to ``develop policies
for the warden of each prison of the Bureau of Prisons to
enter into partnerships,'' including partnerships with
``nonprofit and other private organizations, including faith-
based, art, and community-based organizations that will
deliver recidivism reduction programming on a paid or
volunteer basis.'' Further, ``the Attorney General shall
direct the Bureau of Prisons regarding the ability for faith-
based organizations to function as a provider of educational
evidence-based programs outside of the religious classes and
services provided through the Chaplaincy.'' BOP is directed
to immediately take steps to ensure compliance with FSA
requirements, and to ensure that all those incarcerated in
BOP facilities have access to robust programming
opportunities, including third-party faith-based programs.
BOP is further directed to submit a report, within 30 days of
the enactment of this Act, on such efforts.
Open GAO Recommendations.--BOP is directed to submit to the
Committees, within 180 days of the date of enactment of this
Act, a report identifying all BOP-related recommendations
issued by GAO over the last decade that remain open. This
report shall further describe the steps BOP is taking to
implement all recommended actions and close-out each open
recommendation.
Medical Services.--BOP is directed to submit a report to
the Committees not later than 120 days after the date of
enactment of this Act on its cost estimate and a strategic
savings plan if BOP were to set a standard reimbursement rate
for medical care of inmates at the Medicare benchmark rate.
Contraband Cell Phones in BOP Facilities.--BOP is directed
to report to the Committees, not later than 90 days after the
date of enactment of this Act, on the deployment of micro-
jamming and managed access technology systems at BOP
facilities. The report should describe the number of
contraband devices confiscated through each type of
technology at each facility; the comparative efficacy and
cost effectiveness of such technologies in detecting and
capturing devices and mitigating illicit communications; and,
for those technologies found to be effective, the resources
that would be required to expand or further deploy such
technologies.
Camera and Radio Systems in BOP Facilities.--BOP is
directed to submit to the Committees, not later than 90 days
after the date of enactment of this Act, a three-year plan to
upgrade its security camera, land mobile radio (LMR)
communications, and public address (PA) systems at all BOP
correctional facilities. The plan shall address current
system deficiencies, including lack of functioning systems,
blind spots, or radios lacking a ``man down'' function; the
need for and cost of planned system maintenance and upgrades,
to include analog to digital system conversion; upgrades to
ensure storage, logging, preservation, and accessibility of
records for investigators or courts; and any other
enterprise-wide considerations for such technology and
systems. The plan must incorporate a cost projection and
prioritization of facilities for security camera, LMR, and PA
system upgrades. Following submission of the initial plan,
annual updates shall be provided, beginning one year from the
date of enactment of this Act, with a final report in three
years detailing the status of BOP progress in upgrading these
systems.
buildings and facilities
The agreement includes $235,000,000 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 monthly, 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.--In
lieu of direction in the House report, 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. BOP shall continue to provide monthly status
of construction reports and notify the Committees of any
changes reflected in those 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 $3,881,744,000 for State
and local law enforcement and crime prevention programs. This
amount includes $3,184,744,000 in discretionary budget
authority and $575,000,000 derived by transfer from the Crime
Victims Fund. This amount also includes $122,000,000 scored
as mandatory for Public Safety Officer Benefits.
For fiscal year 2022, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 116-260 on the following
topics: ``Management and Administration Expenses,'' ``Grant
Funding Set-Asides,'' ``DOJ Grant Oversight,'' ``Grant Funds
for Rural Areas,'' ``Science Advisory Board,'' ``Post-
Conviction Relief for Trafficking Victims,'' and ``Consent
Decrees and Grant Assistance.'' The Department shall submit
updated reports consistent with the directives. The
Department is further directed to submit an annual report on
grant programs that have not received a sufficient number of
qualified applicants.
Submission of Officer Training Information.--The Department
is directed to submit an updated report containing the
information required in Senate Report 114-66, adopted by
Public Law 114-113, to cover data for fiscal years 2020 and
2021 within 180 days of the date of enactment of this Act.
Tribal Grants and Victim Assistance.--The agreement
provides a total of $107,000,000 in discretionary grant
funding for Tribes as follows: $50,000,000 within OJP for
Tribal assistance; $14,000,000 for a Tribal youth program
within the Office of Juvenile Justice and Delinquency
Prevention (OJJDP); $31,500,000 for Tribal resources and
$3,000,000 for a Tribal Access Program within the COPS
Office; and $5,500,000 for a special domestic violence
criminal jurisdiction program and $3,000,000 for a Special
Assistant U.S. Attorney on Tribal land program within the
OVW. In addition, a total of $130,000,000 is provided to
Tribal governments and Tribal coalitions as part of Crime
Victims Fund set-asides as authorized by this Act. For fiscal
year 2022, the
[[Page H1788]]
Department is directed to continue following the directives
and reporting requirements in the joint explanatory statement
accompanying Public Law 116-260 for ``Tribal Grants and
Victim Assistance.''
Promoting Data-Sharing and Sex Offender Monitoring.--The
Department's grant-making offices are urged to support
initiatives and technical systems that promote statewide and
national data-sharing among court systems, correctional
facilities, and law enforcement agencies. Such support may be
provided through the Department's discretionary grant funds
and through efforts to promote the use of Byrne-JAG funds for
these purposes.
VOCA Fix to Sustain the Crime Victims Fund Act of 2021.--
OVC is directed to provide guidance and technical assistance
to State Administering Agencies regarding changes to program
requirements made under the VOCA Fix to Sustain the Crime
Victims Fund Act of 2021 (Public Law 117-27). In particular,
OVC is directed to fully explain the changes to matching
requirements under section 3 of the Act, including national
emergency waivers.
Sexual Abuse Services in Detention Hotline.--In lieu of
House report language, DOJ is directed to explore
opportunities for releasing existing grant funding, including
through OVC's discretionary grant program, for efforts that
would create a hotline to provide sexual abuse and rape
crisis counseling services to incarcerated individuals across
the country.
National Deaf Services Line.--The Department is directed to
examine OVC's discretionary grant program to determine if
this funding is available for a new National Deaf Services
Line program and make funds available for this purpose if
possible.
STOP School Violence Act.--In addition to House report
language on ``Stop School Violence Act,'' the agreement notes
that funds are included for continued support for the
National Center for School Safety to provide evidence-based
best practices, guidance, training, and technical assistance
to all States, Tribes, and schools. The Department is
directed to work with other Federal agencies to notify
States, localities, Tribes, and school districts of funding
availability upon release; to increase training and technical
assistance for school district applicants; and to provide
microgrants for school districts, including rural, Tribal,
and low-resourced schools. The Department is also directed to
clearly describe memorandum of understanding requirements in
the grant solicitation for these programs with discretion
given to schools or school districts as to the involvement of
law enforcement agencies and rules relating to anonymous
reporting systems to ensure manageability and inclusiveness
of existing state programs. The Department is further
directed to consider the size of school districts and States
when requiring letters of support as part of the grant
process. The Department is encouraged to cap the letters of
support for the number of school districts at 50 for large
statewide programs and to 25 percent of the number of school
districts served.
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
The agreement includes $575,000,000 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................................................ $217,000
Transitional Housing Assistance............................ 43,000
Research and Evaluation on Violence Against Women.......... 2,500
Consolidated Youth-Oriented Program........................ 15,000
Engaging Men and Youth in Prevention..................... (3,000)
Improving Criminal Justice Responses Program............... 55,000
Homicide Reduction Initiative............................ (4,000)
Lethality Assessment Initiative.......................... (4,000)
Sexual Assault Services Program............................ 54,000
Rural Domestic Violence and Child Abuse Enforcement........ 48,000
Violence on College Campuses............................... 22,000
HBCU, HSI and Tribal Colleges............................ (11,000)
Legal Assistance for Victims............................... 50,000
Abuse Later in Life Program................................ 7,500
Justice for Families Program............................... 20,000
Disabilities Program....................................... 7,500
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..... 5,500
Rape Survivor Child Custody Act............................ 1,500
Restorative Justice Responses and Evaluations.............. 11,000
Culturally Specific Programs............................... 10,000
Tribal Special Assistant U.S. Attorneys.................... 3,000
============
Total, Violence Against Women Prevention and $575,000
Prosecution Programs..................................
------------------------------------------------------------------------
To minimize fraud, waste, and abuse in these programs, OVW
is encouraged to implement any open recommendations of the
Department's OIG with respect to the recipients of grants
under these programs.
For fiscal year 2022, OVW is directed to continue following
the directives in the joint explanatory statement
accompanying Public Law 116-260 regarding the Improving
Criminal Justice Responses program.
Statutory Set-Asides.--The underlying statutes for several
grant programs, including STOP Grants and Sexual Assault
Services Program grants, outline set-asides for Tribal
governments and coalitions, culturally specific community-
based organizations, and organizations providing services to
underserved populations. These set-asides provide a total of
$75,104,969 for fiscal year 2022, with $55,864,969 for Tribal
governments and coalitions, $13,800,000 for culturally
specific organizations, and $5,440,000 to meet the needs of
underserved populations. OVW shall ensure that the full
amounts provided for in the authorizing statutes are awarded
expeditiously.
Grant Program to Support Restorative Justice Responses.--
The agreement provides $11,000,000 to support competitive
grants focused on addressing the harm of domestic and sexual
violence, either outside or alongside criminal justice
processes. The Department is directed to collaborate with the
National Center on Restorative Justice and other stakeholders
to review research on restorative justice and current
practices in the field to inform its approach. Grants under
this program shall be for eligible entities to develop and
implement a program, or to assess best practices, for (1)
restorative practices to prevent or address domestic
violence, dating violence, sexual assault, or stalking; (2)
training by eligible entities, or for eligible entities,
courts, or prosecutors, on restorative practices and program
implementation; and (3) evaluations of restorative practices.
Restorative practices performed with funds awarded under this
program are not intended to function as a replacement for
criminal justice intervention for a specific harm.
Grants shall support restorative practices that (1) are
community-based and unaffiliated with any civil or criminal
legal process; (2) are initiated by a victim of the harm; (3)
involve--on a voluntary basis and without any evidence of
coercion or intimidation of one or more victims of the harm
by one or more individuals who committed the harm or anyone
associated with any such individual--any individual who
committed the harm, any victim of the harm, and the community
affected by the harm through one or more representatives of
the community; (4) include and has the goal of collectively
seeking accountability from one or more individuals who
committed the harm; developing a written process whereby one
or more individuals who committed the harm will take
responsibility for the actions that caused harm to one or
more victims of the harm; and developing a written course of
action plan that is responsive to the needs of one or more
victims of the harm and upon which one or more victims, one
or more individuals who committed the harm, and the community
can agree; and (5) are conducted in a victim services
framework that protects the safety and supports the autonomy
of one or more victims of the harm and the community. The
individuals described in matter (3) shall be considered a
person receiving services under section 40002(b)(2) of the
Violence Against Women Act of 1994 (34 U.S.C. 12291).
The Department is directed to limit eligible entities to
States; units of local government; Tribal governments; Tribal
organizations; victim service providers; institutions of
higher education; private or public nonprofit organizations,
including Tribal nonprofit organizations and faith-based
nonprofit organizations. Eligible entities shall demonstrate
a history of comprehensive training and experience in working
with victims of domestic violence, dating violence, sexual
assault, or stalking. Eligible entities shall include
entities that submit proposals that meaningfully address the
needs of culturally specific or underserved populations.
The Department is directed to ensure that eligible entities
have set practices and procedures for screening the
suitability of any individual who committed a harm, based on
(1) the history of civil and criminal complaints against the
individual involving domestic violence, sexual assault,
dating violence, or stalking; (2) parole or probation
violations of the individual or whether active parole or
probation supervision of the individual is being conducted
for prior offenses involving domestic violence, sexual
assault, dating violence, or stalking; (3) the risk to the
safety of any victim of the harm based on an evidence-based
risk assessment; (4) the risk to public safety, including an
evidence-based risk assessment of the danger to the public;
and (5) past participation of any individual who committed
the harm in restorative practice programing. With respect to
the risk assessment described in matter (3), if the eligible
entity or a subgrantee of an eligible entity determines that
a victim or a dependent of a victim are at significant risk
of subsequent serious injury, sexual assault, or death, the
eligible entity or subgrantee shall refer the victim or
dependent to other victim services, instead of restorative
practices.
The Department is further directed to ensure that eligible
entities deny eligibility to participate in the program for
any individual who committed a harm against whom there is (1)
a pending felony or misdemeanor prosecution for an offense
against any victim of the harm or a dependent of any such
victim; (2) a restraining order or a protection order (as
defined in section 2266 of title 18, United States Code) that
protects any victim of the harm or a dependent of any such
victim, unless there is an exception in the restraining order
or protective order allowing for participation in a
restorative practices program; (3) a pending criminal charge
involving or relating to sexual assault, including rape,
human trafficking, or child abuse, including child sexual
abuse; or (4) a conviction for child sexual abuse against the
victim or a sibling of the victim if the victim or sibling of
the victim is currently a minor.
[[Page H1789]]
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The agreement provides $70,000,000 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............................... $40,000
National Institute of Justice.............................. 30,000
Feasibility Study to Monitor Abuse in Youth Serving (1,500)
Organizations...........................................
============
Total, Research, Evaluation and Statistics............. $70,000
------------------------------------------------------------------------
For fiscal year 2022, the Department is directed to
continue following the directives and reporting requirements
in the joint explanatory statement accompanying Public Law
116-260 regarding ``Spending Plans'' and ``Understanding the
Effects of Human Trafficking.'' The agreement revises House
report language regarding the collection of solitary
confinement data and directs the National Institute of
Justice (NIJ), instead of the Bureau of Justice Statistics
(BJS), to collect this data and report back to the Committees
not later than 180 days after the date of enactment of this
Act.
House report language regarding the ``Law Enforcement Study
Addressing Delayed Responses to Questions'' is not adopted.
Data on Police Suicide.--Within 120 days of the date of
enactment of this Act, BJS is directed to provide a status
update of the progress of this data collection, information
obtained from other Federal agencies, and an updated timeline
for final publication.
Researching School Violence.--Within the funds provided, up
to $1,000,000 may be used by NIJ to continue to develop a
model and best practices for comprehensive school safety,
including identifying the root causes of violence in schools.
NIJ is directed to continue to publish an annual report on
its website on the effectiveness of STOP School Violence
Initiative grants.
Correctional Education Evaluation.--As directed in the
joint explanatory statement accompanying Public Law 116-260,
NIJ is directed to establish a public-private partnership
with research and correctional institutions to collect and
evaluate data and continue to advance the research on the
impact of correctional education on recidivism. The NIJ is
directed to report on the status of this project within 60
days of the date of enactment of this Act.
Feasibility Study to Track Abuse in Youth Serving
Organizations.--The agreement provides $1,500,000 for NIJ to
administer a competitive grant to an accredited research
university for a feasibility study on the establishment of a
Federal system to count and track substantiated cases of
sexual abuse and other forms of maltreatment in youth serving
organizations, to include organized sports, schools, and
camps. This study will assist DOJ in determining the
viability of creating a system to identify the gaps that
currently exist in law enforcement and child welfare
coordination strategies to better address the challenge of
identifying child abuse in organizations that serve youth.
National Survey of Children Exposed to Violence.--The
Department is directed to continue the National Survey of
Children Exposed to Violence and DOJ is encouraged to utilize
the best existing methodology to conduct the survey in the
near term, given the need to examine the extent of violence
against children that occurred during the COVID-19 public
health emergency. As appropriate, NIJ is encouraged to
collaborate with Departmental components, including OJJDP and
BJS, as well as with other Federal agencies, to complete this
survey.
Campus Climate Survey.--Within the funds provided, up to
$5,000,000 shall be made available for the continued
development and testing of the Department's pilot campus
climate survey on sexual harassment and sexual assault. The
proposed research is expected to yield findings from a multi-
campus climate survey and a set of methodological tools that
are cost-effective, standardized, methodologically rigorous,
and capable of being scaled nationwide.
First Step Act Research and Studies.--Within the amount
provided for NIJ, no less than $4,000,000 is available to
evaluate, research, and study First Step Act programs and
activities.
Community-Based Public Safety Strategies.--In lieu of
language in the House Report, the agreement directs the
Department to conduct a study on the efficacy of non-
carceral, non-punitive approaches to addressing and reducing
community violence.
Domestic Radicalization Research.--In lieu of language in
the House Report, the agreement recognizes that NIJ plays a
critical role in examining the drivers of domestic
radicalization and defining the role of State and local law
enforcement in breaking the radicalization and recruitment
cycle that sustains violence. Within funds provided, no less
than $6,000,000 is available for NIJ to continue its research
on domestic radicalization.
National Model for Reducing Incarceration Rates for Minor
Parole Violations.--NIJ is directed to re-release the
solicitation for opportunity number O-NIJ-2021-99001 within
30 days of the date of enactment of this Act.
Clearinghouse for Online Extremism.--The NIJ shall conduct
a study into the feasibility, costs, and civil liberties
implications of, as well as the public support and need for,
a government-funded, privately operated clearinghouse for
online extremist content. The agreement directs that up to
$500,000 be provided for this effort.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $2,213,000,000 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................... $674,500
Officer Robert Wilson III VALOR Initiative............... (13,000)
NamUs.................................................... (2,400)
Officer Training for Responding to People with Mental (10,000)
Illness or Disabilities.................................
John R. Justice Grant Program............................ (4,000)
Prison Rape Prevention and Prosecution................... (15,500)
Kevin and Avonte's Law................................... (3,000)
Project Safe Neighborhoods............................... (20,000)
Capital Litigation and Wrongful Conviction Review........ (12,000)
National Center on Restorative Justice................... (3,000)
Ashanti Alert Network.................................... (1,000)
Family-Based Alternative Sentencing Pilot Programs....... (3,500)
Child Advocacy Training.................................. (2,000)
Rural Violent Crime Initiative........................... (8,000)
Missing Persons and Unidentified Remains Act............. (5,000)
Drug Data Research Center to Combat Opioid Abuse......... (4,000)
Forensics Ballistics Programs in Higher Education........ (1,500)
Byrne Discretionary Community Project Funding/Byrne (184,707)
Discretionary Grants....................................
State Criminal Alien Assistance Program.................... 234,000
Victims of Trafficking Grants.............................. 88,000
Economic, High-tech, White Collar and Cybercrime Prevention 12,000
Intellectual Property Enforcement Program................ (2,500)
Internet of Things Training Modules...................... (2,000)
Adam Walsh Act Implementation.............................. 20,000
National Sex Offender Public Website....................... 1,000
Patrick Leahy Bulletproof Vest Partnership Grant Program... 30,000
Transfer to NIST/OLES.................................... (1,500)
National Instant Criminal Background Check System (NICS) 95,000
Initiative................................................
NICS Acts Record Improvement Program..................... (25,000)
Paul Coverdell Forensic Science............................ 33,000
DNA Initiative............................................. 151,000
Debbie Smith DNA Backlog Grants.......................... (120,000)
State and Local Forensic Activities...................... (15,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants...... (12,000)
Sexual Assault Forensic Exam Program Grants.............. (4,000)
Sexual Assault Kit Initiative (SAKI)....................... 50,000
CASA--Special Advocates.................................... 14,000
Tribal Assistance.......................................... 50,000
Second Chance Act/Offender Reentry......................... 115,000
Smart Probation.......................................... (8,000)
Children of Incarcerated Parents Demo Grants............. (5,000)
Pay for Success.......................................... (7,500)
Project HOPE Opportunity Probation with Enforcement...... (5,000)
Crisis Stabilization and Community Reentry............... (10,000)
Anti-Opioid Initiative..................................... 415,000
Drug Courts.............................................. (88,000)
Mentally Ill Offender Act................................ (40,000)
Residential Substance Abuse Treatment.................... (40,000)
Veterans Treatment Courts................................ (29,000)
Prescription Drug Monitoring............................. (33,000)
Comprehensive Opioid, Stimulant, and Substance Abuse (185,000)
Program.................................................
Keep Young Athletes Safe Act of 2018....................... 2,500
STOP School Violence Act................................... 82,000
Emmett Till Act Grants..................................... 3,000
Hate Crimes Prevention Act Grants.......................... 13,000
Community-Based Approaches to Advancing Justice............ 5,000
Community Trust Initiative................................. 120,000
Body Worn Camera Partnership Program..................... (35,000)
Justice Reinvestment Initiative.......................... (35,000)
Community Violence Intervention and Prevention........... (50,000)
Jabara-Heyer NO HATE Act................................... 5,000
============
Total, State and Local Law Enforcement Assistance...... $2,213,000
------------------------------------------------------------------------
For fiscal year 2022, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 116-260 on the following
topics: ``Capital Litigation Improvement and Wrongful
Conviction Review,'' ``Project Safe Neighborhoods,'' ``Group
Violence Intervention,'' ``Grants to Combat Human
Trafficking,'' ``Patrick Leahy Bulletproof Vest Partnership
Grant Program,'' ``Sexual Assault Kit Initiative,'' ``Keep
Young Athletes Safe Act,'' ``Ashanti Alert Implementation,''
``Family-Based Alternative Sentencing Pilot Programs,''
``Child Advocacy Training,'' ``Rural Violent Crime
Initiative,'' ``Drug Detection Canines,'' ``Internet of
Things Device Capabilities,'' ``Paul Coverdell Forensic
Science,'' ``Project HOPE Institute,'' ``Comprehensive
Addiction and Recovery Act (CARA) Programs,'' ``Body-Worn
Camera Partnership Program,'' and ``Justice Reinvestment
Initiative.'' The Department shall submit updated reports
consistent with the directives.
Uses of Byrne-JAG Funds.--Novel equipment and technologies
can improve public safety and public trust in criminal
justice institutions. OJP is urged to promote awareness,
through statements on the OJP website, in ``FAQs'' and
seminars, and in solicitation documents, that Byrne-JAG funds
may be used for managed access systems and other cell phone
mitigation technologies; fentanyl and methamphetamine
detection equipment, including handheld instruments; opioid
overdose reversal agents; virtual reality de-escalation
training; humane remote restraint devices that enable law
enforcement to restrain an uncooperative subject without
requiring the infliction of pain; and gunfire detection
technology. The agreement reiterates language in the House
report on other allowable uses of Byrne-JAG funds.
The Department is expected to ensure State, local, and
Tribal governments use Byrne-JAG awards to target funding to
programs and activities that conform with evidence-based
strategic plans developed through broad stakeholder
involvement, as required by law. The Department is directed
to continue to make technical assistance available to State,
local, and Tribal governments for the development and update
of such plans, for the planning and implementation of
promising practices funded with
[[Page H1790]]
Byrne-JAG, and for meeting the obligations established by the
Sixth Amendment to the Constitution of the United States. The
Department should continue funding this technical assistance
at the level authorized in Public Law 114-324.
Officer Training on Responding to People with Mental
Illness or Disabilities.--The agreement provides $10,000,000
for a competitive grant program to provide awards to State
and local law enforcement and correctional facilities 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, which shall focus on understanding
mental and behavioral health, developing empathy, navigating
community resources, de-escalation skills, and practical
application training for all first responders. OJP is
directed to track the results of this grant program to better
establish best practices for law enforcement agencies. Law
enforcement agencies are encouraged to improve officer
response through innovative technologies, including the use
of telemedicine-capable devices, to connect individuals
directly with mental or behavioral health experts.
Prison Rape Elimination Act Audit Quality Initiative.--
Facility audits are a key component in helping agencies move
their sexual abuse prevention and response policies from
written documents to everyday practices. The Bureau of
Justice Assistance (BJA) has outlined a meaningful Quality
Improvement Initiative and the agreement supports the
Department providing the necessary resources to carry out
this work.
Capital Litigation Improvement and Wrongful Conviction
Review.--The agreement directs that at least 50 percent of
the $12,000,000 provided for Capital Litigation Improvement
and Wrongful Conviction Review grant programs shall be used
to support Wrongful Conviction Review grantees providing high
quality and efficient post-conviction representation for
defendants in post-conviction claims of innocence. Wrongful
Conviction Review grantees shall be nonprofit organizations,
institutions of higher education, and/or State or local
public defender offices that have inhouse post-conviction
representation programs that show demonstrable experience and
competence in litigating post-conviction claims of innocence.
To avoid any possible conflicts of interest, the Department
shall not require grantees to participate in partnerships
between a State or local prosecutor's office and an
organization or entity dedicated to ensuring just convictions
and/or acquittals. Grant funds shall support grantee
provision of post-conviction legal representation of
innocence claims; case review, evaluation, and management;
experts; potentially exonerative forensic testing; and
investigation services related to supporting these post-
conviction innocence claims.
National Center on Restorative Justice.--Of the $3,000,000
provided for this program, no less than $2,500,000 shall be
used to continue a partnership with an accredited institution
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 will
expand educational opportunities for those under sentence and
in a court-supervised substance abuse program, and, through
research and evaluation, the Center will disseminate reports
on the impact of attitudes, recidivism, and costs of the
educational initiatives. Up to $500,000 may be used to
support microgrants to innovative restorative justice
projects in communities across the country.
Jennifer's Law and the Missing Persons and Unidentified
Remains Act of 2019.--The agreement provides $5,000,000 for
this newly authorized grant program. These grants will assist
State and local governments, laboratories, and nonprofit
organizations in the transportation, processing,
identification, and reporting of missing persons and
unidentified remains, including migrants. The Department is
directed to describe how it plans to administer this program
as part of its fiscal year 2022 spend plan.
DNA Initiative.--The agreement provides a total of
$151,000,000 for DNA-related and forensics programs. Within
the funds provided, $4,000,000 is for Sexual Assault Forensic
Exam Program grants, for the purposes authorized under 34
U.S.C. 40723. OJP is expected to make funding for DNA
analysis and capacity enhancement a priority in order to meet
the purposes of the Debbie Smith DNA Backlog Grant Program.
The Department is directed to submit, as part of its spending
plan for State and Local Law Enforcement Activities, a
detailed description of funds appropriated for DNA-related
and forensic programs, including the alignment of
appropriated funds with the authorized purposes of the Debbie
Smith DNA Backlog Grant Program. Allocations should comply
with all relevant requirements, including the Justice for All
Reauthorization Act of 2016 (Public Law 114-235), the Justice
Served Act of 2018 (Public Law 115-257), and relevant
appropriations directives. OJP is directed to provide a
briefing, within 30 days of the date of enactment of this Act
and in advance of the submission of the Department's spending
plan, on how it will apply relevant statutory requirements
and appropriations directives to the amounts made available
for DNA-related and forensics programs.
Expansion of Central Data Repositories (CDRs) to Combat the
Opioid Crisis.--BJA has supported the establishment and
operation of statewide data repositories that promote the
collection, analysis, and dissemination of information
critical to our Nation's efforts to combat the intractable
and tragic surge in opioid overdose deaths. Recognizing the
opioid crisis does not follow state lines, the agreement
provides $4,000,000 for a competitive grant to an accredited
institution of higher education, to support the expansion of
an existing statewide CDR into a regional hub for drug data
collection, analysis, and dissemination.
Forensic Ballistics and Higher Education.--Subject to
approval from ATF, educational institutions can join NIBIN in
collaboration with local law enforcement agencies. Through
the use of ballistics identification equipment, these NIBIN
initiatives can provide students with hands-on training in
the processing of firearms evidence used to generate
actionable crime gun intelligence. The agreement provides
$1,500,000 for a competitive grant program for universities
and technical colleges, to acquire ballistics identification
equipment and support forensic ballistics programs.
Second Chance Act.--The directives and reporting
requirements addressed in the joint explanatory statement
accompanying Public Law 116-260 shall continue to be followed
by the Department. In addition, the agreement provides
$10,000,000 for the purposes of the Crisis Stabilization and
Community Reentry Act of 2020 (Public Law 116-281), which
also addresses the mental health and substance use disorder
needs of individuals who are recently released from
correctional facilities.
Community-Based Approaches to Advancing Justice.--The
agreement provides $5,000,000 for a grant program that
supports community-based organizations and civil rights
groups with implementing and facilitating educational classes
and community services that address hate crimes and provide
support for victims in their communities. The Department is
directed to submit a plan for implementing this program as
part of the fiscal year 2022 spend plan.
Jabara-Heyer NO HATE Crime Act Grants.--The agreement
provides $5,000,000 for this newly authorized grant program.
These grants will assist State and local governments with
providing data into the National Incident-Based Reporting
System, which will improve the quality of hate crimes data
collected by the FBI; establishing hate crime reporting
hotlines; and developing and adopting policies on
identifying, investigating, and reporting hate crimes. The
Department is directed to describe how it plans to administer
this program as part of its fiscal year 2022 spend plan.
Community Based Violence Intervention and Prevention
Initiative (CVIPI).--The agreement provides $50,000,000 for a
grant program that supports communities in developing
comprehensive, evidence-based violence intervention and
prevention programs, including efforts to address gang and
gun violence, based on partnerships between community
residents, law enforcement, local government agencies, and
other community stakeholders. Awards should be prioritized
for communities with the highest number of homicides and the
highest number of homicides per capita. Funding may be used
for youth-based programs. Efforts supported by the Byrne
Criminal Justice Innovation program in fiscal year 2021 may
also be used for CVIPI.
The Department is directed to submit a plan for
implementing this program as part of the fiscal year 2022
spend plan. The Department is directed to prioritize that
these grants be made to community-based violence intervention
programs to the fullest extent possible and also track and
publish information on this funding, including the number of
awards made, a description of the use of funding for each
project, and the number of grant applications received.
Byrne Discretionary Community Project Grants/Byrne
Discretionary Grants (``projects'').--The agreement provides
$184,707,000 for projects to prevent crime, improve the
criminal justice system, provide victim services, and for
other related activities. The accompanying table details
funding for project activities, which are incorporated by
reference in this Act:
BYRNE DISCRETIONARY COMMUNITY PROJECT GRANTS/BYRNE DISCRETIONARY GRANTS
------------------------------------------------------------------------
Recipient Project Amount
------------------------------------------------------------------------
18th Judicial District Court of Establishment of a $1,000,000
Kansas. Veterans Treatment
Court in Sedgwick
County.
A New Way of Life............... A New Way of Life $250,000
Safe Homes--
Women's Reentry
and Economic
Development
Initiative.
Adams County Government......... Expanding Services $2,000,000
to Domestic
Violence Victims
in Adams County.
Advocate Christ Medical Center.. Community Violence $640,000
Prevention
Initiative.
[[Page H1791]]
Ak-Chin Indian Community Police Ak-Chin Indian $500,000
Department. Community Police
Department
Equipment
Modernization.
Albuquerque Crossroads for Supportive Services $1,000,000
Women, Maya's Place. for Women, Maya's
Place.
Allegheny Police Chiefs, Inc.... Body-Worn Camera $550,000
and Technology
Project.
Alliance for Gun Responsibility Restorative Justice $300,000
Foundation. for Youth--South
King County.
Anna Maria College.............. Public Safety $1,075,000
Professionals
Training
Initiative.
Arkansas City Police Department. Acquisition of Body- $25,000
Worn Cameras.
Atchison Police Department...... Acquisition of Body- $55,000
Worn Cameras.
Autism Society of America Nassau Statewide Training $250,000
Suffolk Chapter. for Public Safety
Officials Who
Respond to
Incidents
Involving
Individuals with
Disabilities.
Baltimore City Mayor's Office... Baltimore Police $650,000
Department
Community
Collaboration
Initiative.
Baltimore Police Department..... Baltimore Police $650,000
Department
Neighborhood
Policing
Initiative.
Bell County..................... Bell County $1,563,000
Sheriff's
Department
Equipment
Modernization Plan.
Bexar County Sheriff's Office... Bexar County $82,000
Sheriff's Office
Animal Cruelty
Investigations
Unit.
Boston Medical Center........... Boston Medical $250,000
Center Violence
Intervention
Advocacy Program.
Bowie State University.......... Institute for $750,000
Restorative
Justice and
Practices.
Broward County Sheriff's Office. Broward County $563,000
Mental Health
Diversion Project.
Calhoun County Sheriff's Calhoun County Safe $1,700,000
Department. Schools Initiative.
Carroll County Sheriff's Office. Body-Worn Cameras, $1,429,000
In-Car Cameras,
for Carroll County
Sheriff's Office.
Center for Hope and Safety...... Center for Hope and $300,000
Safety, Legal
Services Program
for Victims of
Domestic Violence.
Champlain College............... Champlain College $756,000
Cyber Consultation
Expansion.
Cherokee County Sheriff......... Acquisition of Less $60,000
Lethal Law
Enforcement
Technology.
Cherokee County Sheriff's Office Cherokee County $340,000
Training Facility
Equipment.
Children's Service Society of Project Ujima...... $202,000
Wisconsin.
CHOICES for Victims of Domestic Safe Shelter for $750,000
Violence, dba LSS CHOICES. Victims of
Domestic Violence.
City and County of Denver....... City of Denver $384,000
Youth Crisis
Response Team
Initiative.
City and County of Denver....... Denver Community $122,000
Foot Patrol Crime
Prevention
Initiative.
City and County of Denver....... Denver Police $420,000
Department
Community Based
Crime Reduction
Program.
City of Albuquerque, Family and Trauma Recovery $1,000,000
Community Services. Center--Services
for Victims of
Violent Crime.
City of Alexandria (LA)......... City of Alexandria $276,000
Police Body-Worn
Camera Upgrade
Project.
City of Alexandria (VA)......... Pilot Deployment of $600,000
Body-Worn Cameras
in the Alexandria
Police Department.
City of Atlanta................. Atlanta Center for $2,988,000
Diversion &
Services Pilot
Program.
City of Baltimore............... 9-1-1 Diversion $2,000,000
Pilot Expansion.
City of Beaverton............... Beaverton $500,000
Behavioral Health
Court.
City of Bellevue................ Bellevue Community $915,000
Crisis Team
Program.
City of Belton.................. City of Belton $374,000
Public Safety
Equipment.
City of Boulder................. Crisis Intervention $255,000
Response
Initiative.
City of Burien.................. City of Burien $300,000
Enhanced Youth
Services.
City of Carlsbad................ Carlsbad First $400,000
Responder Radio
Communications
Equipment.
City of Charleston.............. Charleston Drug $300,000
Market
Intervention
Initiative.
City of Charleston.............. Development of a $1,000,000
Crisis
Intervention Team
in Charleston.
City of Charlotte............... Cure Violence $1,000,000
Charlotte
Implementation.
City of Cherryville, NC......... Programmatic $114,000
Support for City
of Cherryville
Police Department.
City of Chicago................. Neighborhood $500,000
Policing
Initiative
Expansion.
City of Clearwater, Florida..... Clearwater Police $144,000
Department Mental
Health Co-
Responder Program.
City of Deerfield Beach, Florida Security Technology $595,000
Enhancements.
City of Detroit................. Project Clean Slate $1,503,000
City of El Paso................. El Paso Police $525,000
Department Body-
Worn Camera
Program.
City of Frederick............... Frederick Police $125,000
Department Mobile
Crisis Team
Support.
City of Fresno Police Department Advance Peace $300,000
Fresno--Violence
Prevention and
Intervention
Program.
City of Glendale................ Expansion of $700,000
Forensic Testing
Services for the
Verdugo Regional
Crime Laboratory.
City of Grand Rapids............ Grand Rapids Police $180,000
Department Mental
Health Crisis Co-
Response Pilot
Program.
City of Hartford................ City of Hartford $1,398,000
Youth Violence
Prevention and
Intervention
Program.
City of Highland Park........... City of Highland $382,000
Park Police
Training and
Equipment.
City of Hollywood............... Hollywood Police $1,702,000
Department Body-
Worn Cameras.
City of Huntington.............. Procurement of $4,000
Vehicular Evidence
Detection
Equipment.
City of Hyattsville............. Hyattsville $100,000
Evidence Lab
Equipment Upgrade.
City of Indianapolis............ Mental Health $1,000,000
Diversion Program.
City of Keene, NH, Police Keene Police $415,000
Department. Department Body-
Worn and In-Car
Camera Systems.
City of Largo, FL............... Police Officers $230,000
Body-Worn Cameras
for Largo Police
Department.
City of Long Beach.............. City of Long Beach $1,200,000
Public Safety
Training.
City of Longview................ City of Longview, $292,000
Community Policing
Crisis
Intervention Team.
City of Lorain, Ohio............ Community Policing $400,000
Initiative.
City of Los Angeles, Office of CIRCLE 24/7: Crisis $1,500,000
City Homelessness Initiatives. and Incident
Response through
Community-Led
Engagement.
City of Manassas Police Law Enforcement $270,000
Department. Mental Health and
Domestic Violence
Case Management
Team.
City of Mansfield Division of City of Mansfield $50,000
Police. Division of Police
Gun-shot Detection
Program.
City of McAllen................. City of McAllen $250,000
Police Forensics
Equipment.
City of Napa.................... Napa County Public $1,800,000
Safety Radio and
Communication
Upgrade Project.
City of New Haven............... New Haven Community $2,000,000
Crisis Response
Team (NH-CCRT).
City of New York, Office to Crisis Management $3,000,000
Prevent Gun Violence. System (CMS).
City of Oakland................. Oakland Violence $200,000
Prevention Program.
City of Omaha................... Encompass Omaha: A $527,000
Hospital-based
Violence
Intervention
Program.
City of Orlando................. City of Orlando $1,200,000
Police Department
Next Generation
Body-Worn Cameras.
City of Pelham, Georgia......... City of Pelham-- $225,000
Radio
Communications
System Upgrade.
City of Portland................ City of Portland $200,000
Violence
Prevention
Outreach.
City of Portland Police Portland $658,000
Department. Alternative
Response Team
Initiative.
City of Rialto.................. City of Rialto Body- $700,000
Worn Camera
Upgrade.
City of Roswell................. Roswell Police $12,000
Department
Community
Relations Unit.
City of Saginaw................. Saginaw Crime $482,000
Reduction
Initiative.
City of Saint Paul.............. Community Law $1,500,000
Enforcement Career
Initiative.
City of San Jose Police Mobile Crisis $1,000,000
Department. Assessment Team.
City of Santa Rosa.............. Santa Rosa Justice $1,052,000
and Mental Health
Collaboration
Program.
City of Selma, Alabama.......... Community Oriented $550,000
Policing Services
in Selma, Alabama.
City of Simi Valley............. Simi Valley Radio $1,000,000
Replacement.
City of Stanton................. North Orange County $5,000,000
Public Safety Task
Force.
City of Stockton................ Safer Streets-- $1,000,000
Safer Communities:
Group Gun Violence
Reduction,
Ceasefire, and
Firearms Reduction
Program.
City of Syracuse................ Body-Worn Cameras $140,000
for the City of
Syracuse.
City of Thornton................ Body-Worn Cameras $310,000
for the Thornton
Police Department.
City of Thornton................ City of Thornton De- $125,000
Escalation
Training Simulator.
City of Tracy Police Department. City of Tracy Crime $255,000
Reduction Program.
City of Vallejo Police Vallejo Police $900,000
Department. Department
Community Mobile
Mental Health
Response Unit
Pilot Program.
Cleveland Rape Crisis Center.... Rape Crisis Center $500,000
Service Expansion.
Cocaine and Alcohol Awareness Cocaine and Alcohol $671,000
Program, Incorporated. Awareness Program,
Incorporated
(CAAP, Inc.)
Community
Corrections
Program.
Combined Regional Communications Regional Rural 911 $1,601,000
Authority--Freco. Telecommunications
and Data Program
Expansion.
Community College of Vermont.... Correctional Post- $4,500,000
Secondary
Education
Initiative.
Community Leaders Roundtable of Snohomish County $246,000
Seattle, d.b.a. CHOOSE 180. Community-Based
Diversion with
CHOOSE 180.
Council on Domestic Violence and Programmatic $5,000,000
Sexual Assault. Support for
Victims of
Domestic Violence
and Sexual Assault.
Counterterrorism Education Community Awareness $987,000
Learning Lab (CELL). Program
Improvement.
County of El Paso, Texas........ The Crisis $2,015,000
Intervention Team.
County of Placer................ Placer County Body- $580,000
Worn Camera
Program.
County of Ventura............... Ventura County Cold $950,000
Case and Sexual
Assault
Investigation.
Crime Research Group............ Statewide Law $165,000
Enforcement Crime
Research,
Evaluation, and
Analysis.
Cumberland County Sheriff's Acquisition of Body- $250,000
Office. Worn and In-Car
Cameras.
Cuyahoga County................. Central Booking $500,000
Technology and
Equipment
Enhancement.
Cuyahoga County................. Cuyahoga Diversion $500,000
and Mental Health
and Addiction
Services
Initiative.
Deerpark Town Police Department. Deerpark Body-Worn $30,000
Cameras.
Delaware Criminal Justice Statewide Body-Worn $1,600,000
Council. Camera Project.
Delaware Criminal Justice Statewide Violence $1,900,000
Council. Reduction Project.
Denver Police Department........ Denver Police $244,000
Department
Outreach Case
Coordinator.
Detroit Police Department....... Ceasefire Detroit $715,000
Violence Reduction
Program.
Domestic Violence Action Center. Immigrant Triad $367,000
Program Expansion.
Durham County Government........ Community Violence $250,000
Intervention
Project.
[[Page H1792]]
East Baton Rouge Sheriff's East Baton Rouge $686,000
Office. Rapid DNA System.
Eastern Michigan University..... Prisoner Reentry $250,000
Services.
Educate Youth Ypsilanti......... Police Community $149,000
Relations Training
Program.
Essex County Sheriff's STAR Program $850,000
Department. (Supporting
Transitions and
Reentry).
Family Service of Rhode Island Police Go Team $413,000
(FSRI). Critical Services
and Expansion.
Ford County Sheriff............. Acquisition of Body- $305,000
Worn and In-Car
Cameras.
Forrest County Sheriff's Office. Forrest County $500,000
Sheriff's Office
Radios & Body-Worn
Cameras.
Forsyth County Government....... Forsyth County $90,000
Substance Abuse
and Intervention
Program.
Forsyth County Government....... Crisis Intervention $235,000
Team.
Fort Hays State University...... Support a Regional $1,500,000
De-Escalation
Training Center.
Friends of the Portsmouth ACT NOW Portsmouth $199,000
Juvenile Court, Inc.. Coalition to
Address Community
Violence.
Gardner Police Department....... Acquisition of In- $20,000
Car Cameras for
Patrol Units.
Genesee County.................. Genesee County $768,000
Justice
Partnership for
Reform.
George Mason University......... Coalition to $1,483,000
Enhance the
Capacity of
Policing Mental
Health Problems in
Virginia.
Graham County Sheriff's Graham County In- $91,000
Department. Car Radios for
Patrol Cars.
Graham County Sheriff's Graham County $53,000
Department. Sheriff Body-Worn
Camera Project.
Greeley County Sheriff.......... Acquisition of Body- $35,000
Worn and In-Car
Cameras.
Greenland Police Department..... Greenland Police $70,000
Department Body
Camera Upgrades.
Greenland Police Department..... Greenland Police $15,000
Department
Security
Technology
Enhancements.
Heartland Alliance.............. Chicago Evidence- $500,000
Based Violence
Reduction
Initiative.
Hennepin County................. Hennepin County $500,000
Family Dependency
Treatment Court.
Henry C. Lee Institute of Forensic Science $120,000
Forensic Science. Training and
Workshop Program.
Hiawatha Police Department...... Acquisition of Less $30,000
Lethal Law
Enforcement
Technology.
Homestead Police Department..... Homestead Police $750,000
Department Body-
Worn Camera
Program.
Houston Police Department....... Houston Police $975,000
Department
Advocates for
Violent Crime
Victims.
Huckleberry House, Inc.......... Central Ohio Youth $610,000
Homelessness
Support for
Victims of Crime.
Hudson Partnership Care Juvenile Justice $340,000
Management Organization. Mentorship Program
Expansion.
JEVS Human Services............. The Choice is Yours $400,000
Johnstown Police Department..... Johnstown Police $79,000
Department Mobile
Office Technology
Project.
Kansas Bureau of Investigation.. Updates to the $3,000,000
Kansas Incident
Based Reporting
System.
Kansas City, Missouri Health Aim4Peace Hospital- $250,000
Department. based Violence
Intervention
Program.
Kansas Law Enforcement Training Rural Law $2,000,000
Center. Enforcement
Training.
Kinai 'Eha...................... Kawailoa Youth and $1,500,000
Family Wellness
Center.
Kings Against Violence NYS Center for $750,000
Initiative, Inc.. Strengthening
Community Violence
Intervention
Programs (SCVIP).
Kings County.................... King's County $413,000
Deputy Sheriff's
Body-Worn Camera
Project.
Lackawanna County Government.... Lackawanna County $2,000,000
Gun and Gang
Reduction and
Intelligence
Project (GGRIP).
Lake County Board of County Lake County $495,000
Commissioners. Community Justice
Navigator.
Lake Havasu City................ Lake Havasu City $1,778,000
Jail Refurbishment.
Lansing Office of the City Lansing Office of $76,000
Attorney. the City Attorney
Prosecution
Support.
Lansing Police Department....... Lansing Police $1,342,000
Department--Lansin
g Crisis
Assessment Team
(LCAT).
Law Enforcement Against Drugs Enhancing the Youth $394,000
and Violence (LEAD). Drug and Violence
Prevention Program.
Law Enforcement Planning Modular Medical $659,000
Commission. Examiner's Office
Suite--Equipment.
Lawndale Christian Legal Center. North Lawndale $200,000
Community-Based
Legal Services
Enhancement.
Leavenworth Police Department... Acquisition of Less $20,000
Lethal Law
Enforcement
Technology.
LifeBridge Health, Inc.......... LifeBridge Health $600,000
Community Violence
Cessation.
Los Angeles Brotherhood Crusade, Brotherhood Crusade $220,000
Black United Fund, Inc.. and 2nd Call:
Answering the
Second Call--A
Holistic,
Culturally-
Responsive, Trauma-
Informed Re-Entry
Program.
Louisiana Office of State Police Less-Than-Lethal $2,300,000
Technology
Training Center
Equipment.
Lower Richland Alumni Foundation The Lower Richland $800,000
Alumni Foundation
Community Cares
Project.
Lucas County Sheriff's Office... Lucas County Jail $2,000,000
Mental Health
Evaluation and
Stabilization Wing
Planning and
Design.
Lutheran Settlement House....... Strengthening $125,000
Supports for
Victims of
Domestic Violence.
Marion County Prosecutors Office Marion County $96,000
Prosecutor's
Office Second
Chance Workshops.
Marshall University............. Marshall University $1,750,000
Law Enforcement
Training Center in
Forensic Sciences.
Marylanders to Prevent Gun Maryland Violence $367,000
Violence. Prevention
Coalition
Expansion.
Menifee County Sheriff's Office. Menifee County $529,000
Schools Security
Project.
Miami-Dade Police Department.... Operation Safe $2,010,000
Ride--Public
Safety Program.
Mississippi State University.... North Mississippi $600,000
Regional Law
Enforcement
Technology Project.
Mississippi State University.... Support the $470,000
Mississippi
Department of
Corrections with
Reentry
Programming.
Morrow County Sheriff's Office.. Morrow County $288,000
Sheriff's Office
Radio
Communications
System.
Mothers in Charge............... Mothers In Charge $100,000
Prevention,
Intervention and
Education (PIE).
Multnomah County District Community-Based Gun $132,000
Attorney's Office. Violence
Intervention.
Municipality of Utuado.......... Law Enforcement $116,000
Equipment and
Technology for the
Utuado Municipal
Police.
Nashua Police Department........ Nashua Police $95,000
Department
Interpretation and
Translation
Services.
National Institute for Criminal Youth ALIVE! and $500,000
Justice Reform. Community & Youth
Outreach (CYO).
Nevada Department of Public From Supervision to $235,000
Safety Parole and Probation. Success--Recidivis
m Reduction
Program.
New Britain Police Department... Improving Community $15,000
Youth & Police
Relations in New
Britain.
New Castle County Division of New Castle Police $749,000
Police. Department
Behavioral Health
Crisis
Intervention Unit
Expansion.
New Hampshire Department of Statewide Law $500,000
Justice. Enforcement
Community Policing
Initiative.
New Hanover County Sheriff's Forensic DNA $400,000
Department. Technology.
New Jersey Coalition Against Post-COVID-19 $440,000
Sexual Assault. Survivors of
Sexual Violence
Assessment and
Resources Project.
New York City Police Department. Critical Response $350,000
Command K9-
Training and
Equipment.
New York City Police Department. Forensic Equipment. $2,000,000
New York City Police Department. Personal Protective $550,000
Equipment.
Newark Community Street Team.... High Risk $471,000
Intervention Team
Expansion.
NMI Judiciary................... Technical $303,000
Assistance to
Determine the
Viability of a
Mental Health
Treatment Court
with a Specific
Docket for
Veterans.
Oak Park Department of Public Oak Park Body-Worn $560,000
Safety. and In-Car Cameras.
Oklahoma Bureau of Narcotics & Activities Support $4,000,000
Dangerous Drugs Control. for Combatting
Drug Trafficking.
One Hundred Black Men of NY..... Support and $4,990,000
Training for
Restorative
Justice.
Opportunities, Alternatives, and Collaborative $742,000
Resources (OAR). Diversion for
Equitable Justice
Outcomes.
Orange County................... Coordinated Reentry $5,000,000
Center--Programs
and Services.
Orange County Restorative Training and $433,000
Justice Center. Support for Orange
County Restorative
Justice Center.
Pinellas County Justice Center.. Pinellas County $200,000
Intercept Unit.
Pittsburg Police Department..... Acquisition of Less $235,000
Lethal Law
Enforcement
Technology.
Portage County Sheriff's Office. Body-Worn and In- $616,000
Car Cameras for
Patrol.
Prince William County Police Police Use of Force $250,000
Department. Assessment,
Evaluation, and
Analysis.
Providence Children's Museum.... At-Risk Children $150,000
Therapy Initiative.
Providence Police Department.... Police Vehicle and $1,375,000
Related Equipment
Procurement.
Providence Police Department.... Public Safety $900,000
Technology and
Security
Enhancements.
Raleigh/Wake City-County Bureau Raleigh/Wake City- $500,000
of Identification. County Bureau of
Identification DNA
Testing Equipment.
Ramsey County................... Ramsey County $900,000
Community Violence
Prevention Project.
Roca Baltimore.................. South Baltimore $400,000
Peacemaking Pilot
Project.
Roca, Inc....................... Behavioral Health $678,000
Intervention
Services.
Safelight, Inc.................. Safelight Child $1,000,000
Advocacy Center.
Saint Cloud Police Department... Community Outpost $475,000
House Program
Expansion.
Samadhi Center, Inc............. Samadhi Center $430,000
SNUGS Program.
San Antonio Police Department... San Antonio Mental $1,000,000
Health Unit
Expansion.
San Mateo County Sheriff's First Responder $350,000
Office. Enhanced Crisis
Intervention
Training.
Schuylkill County............... Schuylkill County $1,064,000
Intermediate
Punishment
Facility Equipment.
Sedgwick County Sheriff......... Acquisition of $140,000
Detention
Monitoring Cameras.
Sojourner Family Peace Center... Crisis Outreach and $533,000
Intervention in
Neighborhoods Team.
Southern Methodist University... Combatting Human $1,187,000
Trafficking.
Spokane Sheriff's Department.... Spokane Sheriff's $480,000
Department Rapid
DNA Technology.
Stafford Township Police On POINT--Proactive $32,000
Department. Outreach in Needs
and Treatment
Program Expansion.
State of Hawai'i, Department of Division of $340,000
Land and Natural Resources. Conservation and
Resources
Enforcement
Academy Program.
State of Maryland............... First Responder $150,000
Equipment Upgrades.
The ARC of New Jersey........... Preventing Sexual $113,000
Violence Against
People with IDD
Initiative.
The Carnegie Hall Corporation... Crime Prevention $500,000
and Justice-system
Improvement Arts
Initiative for At-
risk Youth.
The City of Grand Rapids........ Cure Violence Grand $600,000
Rapids.
The City of Opa-Locka Police Opa-Locka Gunshot $109,000
Department. Detection Violence
Reduction
Initiative.
The Connie Rice Institute for Urban Peace $220,000
Urban Peace. Institute and
Chapter TWO: South
Los Angeles Peace
Ambassadors.
Thundermist Health Center....... Crisis Intervention $1,201,000
Teams.
[[Page H1793]]
Tides Family Services........... At-risk Youth $120,000
Community Outreach
Program.
Toberman Neighborhood Center.... Toberman $1,000,000
Neighborhood
Center San Pedro
Violence
Interruption
through Gang
Deterrence Program.
Town of Exeter Police Department Exeter Police $232,000
Department Body-
Worn Camera
Training.
Town of Mammoth................. Public Safety $140,000
Patrol Vehicle
Procurement.
Town of North Smithfield........ Public Safety $140,000
Communications
Equipment Upgrade.
Town of Pacolet................. Replacement of End- $52,000
of-Life Police
Patrol Vehicles.
U.S. Institute Against Human Combatting Human $750,000
Trafficking. Trafficking in the
State of Florida.
University of Alaska Fairbanks.. Support for $2,000,000
Research, Testing,
and Evaluation of
Counter-Unmanned
Aerial Systems in
Law Enforcement
Operations.
University of Maryland Medical University of $497,000
Center R Adams Cowley Shock Maryland Medical
Trauma Violence Prevention Center R Adams
Program. Cowley Shock
Trauma Violence
Prevention Program.
University of South Alabama..... Department $500,000
Community-Based
Crisis
Intervention
Training and
Support for
Primary Responders.
University Park Police University Park $20,000
Department. Police Department
Body-Worn Cameras.
Ute Mountain Ute Tribe.......... White Mesa Law $784,000
Enforcement
Service Expansion.
UTEC, Inc....................... Supports for Proven $500,000
Risk Youth and
Young Adults in
Haverhill.
Vermont Department of Public Statewide Law $2,000,000
Safety. Enforcement Reform
Initiative.
Village of Hoffman Estates...... Village of Hoffman $150,000
Estates Domestic
Violence Project.
Village of Maywood.............. Maywood Alternative $621,000
Policing
Strategies, Junior
(MAPS, Jr.).
Virginia Commonwealth University Richmond, Virginia, $996,000
Gun Violence
Prevention
Framework.
Virginia Hospital & Healthcare Virginia Hospital- $488,000
Association Foundation. Based Violence
Intervention
Program
Collaborative.
Washington State Department of King County, Making $250,000
Commerce. Prevention
Possible Program.
Wolcott Police Department....... Fixed Network $3,200,000
Equipment Upgrade
for Wolcott Police
Department.
Women's Advocates, Inc.......... Emergency Crisis $300,000
Center Support.
Young Women's Christian YWCA Greater Los $300,000
Association of Greater Los Angeles Sexual
Angeles. Assault Response
Team (SART)
Project.
------------------------------------------------------------------------
JUVENILE JUSTICE PROGRAMS
The agreement includes $360,000,000 for Juvenile Justice
programs. These funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants............................... $70,000
Emergency Planning--Juvenile Detention Facilities.......... (500)
Youth Mentoring Grants..................................... 102,000
Title V--Delinquency Prevention Incentive Grants........... 49,500
Prevention of Trafficking of Girls....................... (4,000)
Tribal Youth............................................. (14,000)
Children of Incarcerated Parents Web Portal.............. (500)
Girls in the Justice System.............................. (4,500)
Youth Affected by Substance Abuse........................ (12,000)
Children Exposed to Violence............................. (8,000)
Protecting Vulnerable and At-Risk Youth.................. (5,000)
Victims of Child Abuse Programs............................ 33,000
Missing and Exploited Children Programs.................... 99,000
Training for Judicial Personnel............................ 4,000
Juvenile Indigent Defense.................................. 2,500
============
Total, Juvenile Justice................................ $360,000
------------------------------------------------------------------------
For fiscal year 2022, the Department is directed to
continue following the directives and reporting requirements
in the joint explanatory statement accompanying Public Law
116-260 regarding ``Part B: State Formula Grants,''
``Implementation of the Juvenile Justice Reform Act of
2018,'' ``Juvenile Diversion Programs,'' ``Youth Mentoring
Grants,'' ``Victims of Child Abuse Act,'' and ``Children
Exposed to Violence.''
Statutes of Limitations on Crimes Against Children.--
Statutes of limitations have prevented survivors of child
sexual abuse, child exploitation, and child sex trafficking
from seeking justice when their trauma causes them to delay
disclosure of their abuse until later in life. In lieu of
House language regarding the prioritization of grants for
Victims of Child Abuse programs, the agreement directs the
Department to continue implementing the program as authorized
under the Victims of Child Abuse Act (Public Law 101-647) and
encourages the Department to explore ways of encouraging
States to review and revise statutes of limitations and
avenues for reviving time-barred civil claims for child
sexual abuse, child exploitation, and child sex trafficking
for adults who were children when they were victimized.
Girls in the Juvenile Justice System.--The agreement
provides $4,500,000 for the Reducing Risk for Girls in the
Juvenile Justice System grant program, which will enable
organizations, including nonprofit entities, with a
successful track record of administering prevention and early
intervention programs for girls who are most likely to end up
in the juvenile justice system, at a local or State level, to
replicate these programs at a national level. Funding for
this program will further support prevention and early
intervention strategies and curricula throughout the country,
and place vulnerable girls on a path toward success,
stability, and long-term contribution to society.
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.
Protecting Vulnerable and At-risk Youth.--The agreement
provides $5,000,000 to support the establishment of a pilot
demonstration program, through which at least four community-
based organizations, to include those in underserved rural
communities, can apply for funding to develop, implement, and
build replicable treatment models for residential-based
innovative care, treatment, and services. The primary
population served by such pilot programs shall include
adolescents and youth transitioning out of foster care who
have experienced a history of foster care involvement, child
poverty, child abuse or neglect, human trafficking, juvenile
justice involvement, substance abuse disorder, or gang
involvement. Community-based programs providing crisis
stabilization, emergency shelter, and addiction treatment for
adolescents and transitional age residential programs with
reputable outcomes shall be accorded priority in funding
under this program.
Missing and Exploited Children Programs.--The agreement
includes $99,000,000 for Missing and Exploited Children
programs. The Department is directed to distribute the
increased amount proportionally among such programs,
excluding research and technical assistance activities.
Furthermore, OJP is directed to provide a detailed plan for
the use of these funds as part of the Department's spending
plan for fiscal year 2022.
For fiscal year 2022, the Department is directed to
continue following the directives and reporting requirements
in the joint explanatory statement accompanying Public Law
116-260 regarding the AMBER Alert program, the continued
development of IT solutions to address both duplicative tips
and law enforcement deconfliction, and the provision of no
less than $3,000,000 for a competitive grant 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 sexual abuse material (CSAM), exploitation, and sex
trafficking.
Advanced Skills Training for Internet Crimes Against
Children (ICAC) Officers.--Within the funds provided, no less
than $1,000,000 is to maintain, strengthen, and enhance the
ICAC Child Online Protection System (ICACCOPS) investigative
tools that address CSAM, exploitation, and sex trafficking.
This funding will enable a significant upgrade of hardware,
software, and other critical infrastructure components, which
will increase investigative capacity and effectiveness.
Within 90 days of the date of enactment of this Act, OJJDP is
directed to submit a report on specific, long-term objectives
associated with this funding.
ICACCOPS Training.--The Department is directed to
prioritize expanded training on and use of ICACCOPS across
Federal, State, local, Tribal, and military law enforcement
agencies. The Department is further directed to coordinate
with the Department of Defense on the implementation of
section 550D of Public Law 116-92.
ICAC Structure.--The Department is directed to immediately
submit the report directed in the joint explanatory statement
accompanying Public Law 116-260 regarding the ICAC program
and structure. The deadline for this report was April 26,
2021. The Department is further directed to submit an updated
report, not later than 9 months after the date of enactment
of this Act.
National Center for Missing and Exploited Children (NCMEC)
Transparency.--The agreement clarifies that the report
requested in House language under the heading ``National
Center for Missing and Exploited Children (NCMEC)
Transparency'' shall include the following information: (1)
the number of reports submitted to the CyberTipline by
Electronic Service Providers containing suspected CSAM
disaggregated by how many images and videos are deemed to be
unique using hash-matching technology; (2) the number of
reports submitted to the CyberTipline by Electronic Service
Providers containing suspected CSAM with unique images and
videos after deconfliction or deduplication of visually
similar imagery; (3) the number of unique image and video
files reviewed by the Child Victim Identification Program
(CVIP); (4) the total number of unique image and video files
reviewed by the CVIP disaggregated by whether there was a
known or suspected relationship between the suspected
offender and the victim, including disaggregation by the type
of relationship; and (5) the number of CSAM series containing
unidentified minor victims added to the NCMEC's CVIP database
of victims for the first time.
Alternatives to Youth Incarceration.--The Department is
encouraged to share with the Committees its strategic plan to
develop and implement the Alternatives to Youth Incarceration
program in future years.
[[Page H1794]]
Arts in Juvenile Justice.--The Department is directed to
establish, with advice and consultation from the National
Endowment for the Arts and arts stakeholders, an Arts in
Juvenile Justice demonstration program to provide competitive
grants to partnerships among arts organizations and juvenile
justice systems, programs, and nonprofit organizations, to
pilot promising and effective art-based and art therapy
models for youth engaged, or at risk of being engaged, with
the juvenile justice system.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $152,000,000 for the Public Safety
Officer Benefits program for fiscal year 2022.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $511,744,000 for Community Oriented
Policing Services (COPS) programs, as follows:
COMMUNITY ORIENTED POLICING SERVICES
(In thousands of dollars)
------------------------------------------------------------------------
Program- Amount
------------------------------------------------------------------------
COPS Hiring Grants......................................... $246,000
Tribal Resources Grant Program........................... (31,500)
Regional Information Sharing Activities.................. (42,000)
Tribal Access Program.................................... (3,000)
Law Enforcement Mental Health and Wellness Act........... (8,000)
Collaborative Reform Model............................... (5,000)
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............................. 40,000
Co-Responder Crisis Teams................................ (10,000)
De-escalation Training................................... (15,000)
Accreditation Support.................................... (8,000)
CPD Microgrants.......................................... (5,000)
Diversity and Anti-Bias Training......................... (2,000)
Community Oriented Policing Services, Technology and 111,744
Equipment.................................................
Community Projects/COPS Law Enforcement Technology and
Equipment.................................................
============
Total, Community Oriented Policing Services............ $511,744
------------------------------------------------------------------------
For fiscal year 2022, the COPS Office is directed to
continue following the directives and reporting requirements
in the joint explanatory statement accompanying Public Law
116-260 regarding ``Anti-Methamphetamine Task Forces,''
``Anti-Heroin Task Forces,'' ``Law Enforcement Mental Health
and Wellness Grants,'' and ``School Resource Officers.''
COPS Hiring.--The directive regarding additional
consideration for applicants that commit to recruiting
officers from the communities in which they will serve,
described in the joint explanatory statement accompanying
Public Law 116-260, is to be continued for fiscal year 2022.
Within 30 days of the enactment of this Act, the COPS Office
is directed to submit a report on the application of this
criterion in COPS Hiring Program awards.
Community Policing Development (CPD), Training and
Technical Assistance.--The agreement provides $40,000,000 for
CPD, which is directed to be provided in competitive grants,
including 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 funding for
specialized training; $15,000,000 is for officer training in
de-escalation, implicit bias, and duty to intervene
techniques, of which no less than $2,000,000 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; $8,000,000 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 $2,000,000 is to be provided for small
and rural law enforcement agencies for this purpose;
$5,000,000 is for the continuation of the CPD Microgrants
program that provides funding for demonstration and pilot
projects that offer creative ideas to advance crime fighting,
community engagement, problem solving, or 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 the date of enactment of this Act
on how the direction for CPD grants is being followed as well
as timelines for grant deadlines and distribution.
Within the CPD Microgrants program, the COPS Office is
urged to support law enforcement agencies' and Tribes'
engagement with their communities, including nonprofit
organizations, institutions of higher education, community
groups, youth groups, and faith-based organizations. This
engagement will facilitate organized dialogues that bring
together community members and law enforcement officers and
promote the development of shared goals that will enhance the
collective safety of the community.
Collaborative Reform Model.--The agreement provides
$5,000,000 for the restoration of the Collaborative Reform
Model, which assists local law enforcement agencies in
identifying problems and developing solutions to some of the
most critical issues facing law enforcement today, such as
use of force, fair and impartial policing, and improved
accountability. Grant funding is to only be used to assist
law enforcement agencies who choose to engage in the
collaborative reform process with the Department.
Community Oriented Policing Services, Technology and
Equipment Community Projects/COPS Law Enforcement Technology
and Equipment (``projects'').--In lieu of language included
in House Report 117--97, the agreement provides $111,744,000
for grants to State, local, Tribal, territorial, and other
entities to develop and acquire effective equipment,
technologies, and interoperable communications that assist in
responding to and preventing crime. The agreement notes that
the projects included in this statement should help improve
police effectiveness and the flow of information among law
enforcement agencies, local government service providers, and
the communities they serve. Equipment funded under this
program should meet any applicable requirements of the
National Institute of Standards and Technology's Office of
Law Enforcement Standards. The accompanying table details
funding for congressionally designated activities, which are
incorporated by reference in this Act:
COMMUNITY ORIENTED POLICING SERVICES, TECHNOLOGY AND EQUIPMENT COMMUNITY
PROJECTS/COPS LAW ENFORCEMENT TECHNOLOGY AND EQUIPMENT
------------------------------------------------------------------------
Recipient Project Amount
------------------------------------------------------------------------
Aitkin County Sheriff's Office.. Public Safety $305,000
Equipment Upgrade.
Baker County Sheriff's Office... Radio $190,000
Infrastructure
Upgrade.
Baltimore Police Department..... Baltimore Police $2,000,000
Department Records
Management System
and Early
Intervention
System.
Borough of Leonia............... Strengthening $251,000
Public Safety
Communications
Project.
Camden County Police Department. Cameras to Monitor $500,000
Illegal Dumping.
Charles County, Maryland........ Charles County Body- $610,000
Worn Camera
Project.
Cheshire County Sheriff's Office Cheshire County $750,000
Sheriff's Office
Radio
Communications
System.
Chicago Police Department....... Chicago Integrated $500,000
Intelligence
Strategy Program
Equipment.
Chittenden County Public Safety Chittenden County $750,000
Authority. Public Safety
Authority Regional
Dispatch Center--
Equipment.
City of Alamo................... City of Alamo $540,000
Police Radio
Equipment.
City of Albuquerque--Police Albuquerque Police $1,471,000
Department. Department Gunshot
Detection System.
City of Albuquerque--Police Albuquerque Police $435,000
Department. Department Public
Safety Echo
Project.
City of Carlsbad................ Carlsbad Police $575,000
Department Mobile
Command Center
Equipment Upgrades.
City of Center Line............. City of Center Line $350,000
Communication
Equipment Upgrade.
City of Charleston.............. Charleston Eyes & $750,000
Ears Police
Technology
Initiative.
City of Clinton Police Radio Upgrades and $173,000
Department. Repeater Placement.
City of Columbia................ Body-Worn and In- $709,000
Car Camera
Modernization.
City of Duluth.................. Duluth 911 $750,000
Automated Response
System.
City of Elk Grove............... Elk Grove Police $520,000
Department
Communications
Center Equipment.
City of Eugene.................. Public Safety $200,000
Vehicle
Procurement.
City of Fremont................. City of Fremont $250,000
Emergency Dispatch
System.
City of Glendale................ Glendale 911 $480,000
Communication
Center Upgrades.
City of Glendale, Arizona....... Public Safety $715,000
Command Center
Procurement.
City of Greensboro.............. Computer Aided $3,000,000
Dispatch System
Replacement for
the City of
Greensboro, NC.
City of Greenville, North Police Radio $3,000,000
Carolina. Replacement.
City of Huntington.............. National Integrated $219,000
Ballistic
Information
Network (NIBIN)
Database Entry
Terminal
Procurement.
City of Laurel, Maryland........ Laurel Police $200,000
Department Radio
Technology Upgrade.
City of Lemoore................. City of Lemoore $1,000,000
Police Dispatch.
City of Lorain, Ohio............ Police Department $500,000
Technology and
Equipment Upgrades.
City of Manassas Park........... Manassas Park $447,000
Public Safety and
Security Project.
City of Milton Police Department New Police Station $33,000
Technology.
City of Milton Police Department Police Cruiser $118,000
Equipment Update.
City of Monroeville............. Monroeville Police $125,000
Department
Security Cameras.
City of Monrovia................ Monrovia Public $843,000
Safety Critical
Communications
Replacement
Project.
City of New Martinsville........ New Martinsville $58,000
Law Enforcement
Cameras.
City of Pomona--Police Police Radio $3,404,000
Department. Upgrades.
City of Portage................. City of Portage $258,000
Radio Equipment
Upgrade.
City of Rochester............... Records Management $500,000
System Upgrade.
City of Saint Paul.............. Saint Paul Police $2,000,000
Department
Portable Radio
Replacement.
City of Sparks.................. Sparks First $1,400,000
Responder
Equipment
Replacement.
[[Page H1795]]
City of St. Clair Shores........ St. Clair Shores $235,000
Police Department
Body-Worn and In-
Car Cameras.
City of Suffolk................. Suffolk Emergency $3,492,000
Communication
Center Computer
Aided Dispatching
(CAD) and Police
Records Management
System (RMS)
Replacement.
City of Sumter.................. Police Technology $246,000
Update.
City of Tampa................... COPS Technology $382,000
Enhancement.
City of Union City.............. Closed-Circuit $1,100,000
Television (CCTV)
for a Safer Union
City.
City of Vancouver............... City of Vancouver $1,500,000
Police Camera
Program.
City of West Wendover........... West Wendover $376,000
Public Safety
Interoperability
Upgrade.
City of Wheeling................ Wheeling Law $1,001,000
Enforcement
Technology Program.
City of Wilkes-Barre............ City of Wilkes- $2,100,000
Barre,
Pennsylvania's
Community Policing
Technology and
Equipment
Initiative.
City of Winston-Salem, NC....... Winston-Salem $273,000
Police Department
Real Time Crime
Center Technology
Upgrades.
Cochise County Sheriff's Office. Public Safety $246,000
Equipment Upgrades.
Concordia Police Department..... Update of the Cloud $310,000
County Public
Safety
Communications
Network.
Coos County..................... Coos County $231,000
Emergency Radio
Communications
System.
County of Northampton........... Eastern Shore of $8,245,000
Virginia's
Regional Public
Safety Radio
Communications
System.
Dona Ana County Sheriff's Office Dona Ana County $350,000
Sheriff's Office
Rapid DNA Program.
Durham Department of Public Durham Radio $900,000
Safety. Communications
Infrastructure
Upgrades.
El Dorado Police Department..... Police Radio $170,000
Technology Update.
Garden City Police Department... Southwest Kansas $500,000
Law Enforcement
Emergency
Communications
Technology Upgrade.
Gary Police Department.......... Technology $500,000
Upgrades--Gary
Police Department.
Graham County Sheriff........... Mobile $35,000
Communications
Technology Update.
Grant County Emergency Grant County Public $606,000
Management. Safety
Communications.
Granville Police Department..... Granville K9 $150,000
Wandering and
Criminal Detection
Program.
Hamilton County Department of Hamilton County P25 $1,600,000
Communications. Radio System
Enhancement.
Harney County Emergency Harney County $1,545,000
Management. Public Safety
Communications
Upgrade.
Hillsdale County Sheriff's Communication $210,000
Office. Technology
Improvement.
Illinois Secretary of State Statewide $575,000
Police. Technology and
Equipment Upgrades.
Johnson County Fiscal Court..... Johnson County $859,000
First Responder
Communications
Project.
Johnson County Sheriff.......... Acquisition of $595,000
License Plate
Recognition and
Camera Technology.
La Plata County Sheriff's Office Southwest Colorado $166,000
Regional Response,
Investigative,
Search, Rescue,
and Recovery
Capabilities
Enhancement.
Lane County Sheriff's Office.... Lane County $648,000
Sheriff's Office
Body-Worn Cameras.
Las Vegas Metropolitan Police Reality-based $3,000,000
Department. Technology
Training Center
Equipment
Procurement.
Loudoun County.................. Body-worn Camera $3,588,000
Expansion
Initiative.
Macon County Board of Macon County $1,400,000
Commissioners. Interoperative
Communication
System for Public
Safety and First
Responders.
Manchester Police Department.... Manchester Gunshot $300,000
Recognition
Technology.
Marion County--Finance Marion County $1,200,000
Department. Public Safety
Radio System
Upgrade and
Repairs.
Merrimack Police Department..... Town of Merrimack $1,472,000
Radio
Infrastructure
Upgrades.
Midcoast Council of Governments. Midcoast Law $900,000
Enforcement
Equipment
Purchasing Program.
Mission Police Department....... Acquisition of $140,000
License Plate
Recognition and
Camera Technology.
Monroe County Community College. Monroe County $350,000
Criminal Justice
De-Escalation
Training Simulator.
Montgomery County Sheriff's Montgomery County $25,000
Office. Sheriff's Office
License Plate
Reader.
Nevada County Sheriff's Nevada County $4,800,000
Department. Sheriff's Office
Radio
Infrastructure
Improvements.
NH Department of Safety-Division Statewide Digital $1,224,000
of State Police. Law Enforcement
Equipment and
Technology
Training.
Norwich Police Department....... Norwich Police $700,000
Department
Computer Aided
Dispatch and
Records Management
System.
Oakland County Sheriff's Oakland County $1,000,000
Department. Sheriff's
Department Body-
Worn Camera
Project.
Oceanside Police Department..... In-Car Camera $587,000
System.
Olathe Police Department........ Acquisition of $170,000
License Plate
Recognition and
Camera Technology.
Oneida Police Department........ Oneida Police $622,000
Department
Security
Enhancement.
Overland Park Police Department. Acquisition of $75,000
License Plate
Recognition and
Camera Technology.
Parsons Police Department....... Acquisition of a $135,000
Use of Force
Simulator.
Pinellas County Government...... Pinellas County $1,750,000
Consolidated
Computer Aided
Dispatch (CAD)
System.
Prairie Village Police Acquisition of $75,000
Department. Training
Technology.
Prince George's County Sheriff's Prince George's $834,000
Office. County Sheriff's
Office Public
Safety Technology
Upgrade.
Prince George's County Mobile Camera $442,000
Government. System.
Riley County Police Department.. Acquisition of a $440,000
Hazardous Evidence
Recovery Vehicle.
Rio Arriba County............... Rio Arriba Law $1,000,000
Enforcement
Vehicles and Court
Equipment Upgrades.
Rose Hill Police Department..... Police Radio $105,000
Technology Update.
San Luis Obispo County.......... County of San Luis $5,600,000
Obispo Public
Safety
Communication
System.
Sandoval County Sheriff's Sandoval County $866,000
Department. Sheriff's
Department Body-
Worn Cameras.
Sandoval County Sheriff's Sandoval Sheriff's $379,000
Department. Mobile Laptop
Computers.
Shepherd University Police Shepherd University $4,000,000
Department. Campus Security
Upgrades.
South Beaver Township Police South Beaver $224,000
Department. Township Police
Department
Communication
System Improvement
Project.
SouthCom Combined Dispatch Public Safety $276,000
Center. Technology
Upgrades.
Southeast Missouri State Programmatic $1,500,000
University. Support and
Expanded Training
for Law
Enforcement
Academy Students.
Springfield Police Department... Springfield Police $100,000
Department
Technology
Enhancements.
Strafford County................ Strafford County $752,000
Radio
Infrastructure
Upgrades.
Town of Fairfield............... Fairfield Emergency $3,499,000
Radio Network
Upgrade.
Town of North Branford.......... North Branford $750,000
Public Safety
Communications
System
Enhancements.
Town of Paradise................ Upgraded Radios for $615,000
Paradise Police
Department.
Town of Saugus.................. Town of Saugus $1,000,000
Public Safety
Communication
Enhancements.
Town of Simsbury................ Simsbury Police $70,000
Department
Technology
Enhancements.
Town of Wilton.................. Town of Wilton $983,000
Public Safety
Communications
System Upgrade.
Union County.................... Union County, New $1,270,000
Jersey, Law
Enforcement
Interoperable
Communications
Expansion and
Upgrades.
Valley Center Police Department. Police Radio $140,000
Technology Update.
Village of East Alton........... East Alton Law $25,000
Enforcement
Cameras.
Washington County............... Body-Worn Camera $377,000
Program.
Waterford Township Police 911 Dispatch- $250,000
Department. Emergency
Operations Center
Technology
Upgrades.
Westmoreland County Department Westmoreland County $528,000
of Public Safety. Department of
Public Safety
Backup 9-1-1.
Whatcom County Government....... Whatcom County $300,000
Public Radio
System Enhancement.
Wichita Police Department....... Acquisition of $1,600,000
License Plate
Recognition and
Camera Technology.
Wicomico County, Maryland....... Wicomico County $116,000
Body-Worn Camera
Project.
Wyandotte County Sheriff........ Acquisition of a $165,000
Use of Force
Simulator.
------------------------------------------------------------------------
General Provision--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
[[Page H1796]]
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
National Institute of Justice and the Bureau of Justice
Statistics.
Section 213 provides cost-share waivers for certain DOJ
grant programs.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law
enforcement personnel do not continuously monitor or control
such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 217 allows certain funding to be made available for
use in Performance Partnership Pilots.
Section 218 establishes reporting requirements for certain
Department of Justice Funds.
TITLE III
SCIENCE
Office of Science and Technology Policy
The agreement includes $6,652,000 for the Office of Science
and Technology Policy (OSTP).
Climate Change Adaptation.--The agreement adopts House
language on Climate Change Adaptation and directs OSTP to
undertake this work from within available funds.
Emerging Contaminants.--OSTP submitted the ``Update to the
Plan for Addressing Critical Research Gaps Related to
Emerging Contaminants in Drinking Water'' in January 2022,
which includes an updated cross-agency Federal research
strategy for addressing critical research gaps related to
detecting and assessing exposure to emerging contaminants in
drinking water through the National Emerging Contaminant
Research Initiative. No later than 180 days after the
enactment of this Act, OSTP shall update the Committees on
program, policy, or budgetary resources included in the
fiscal year 2023 budget request, by agency, to support the
implementation of the Federal research strategy, as well as
anticipated needs for fiscal year 2024. As part of this
update, OSTP is directed to include the status of the
National Emerging Contaminant Research Initiative.
Sustainable Chemistry.--OSTP is encouraged to support the
timely and full implementation of subtitle E of title II of
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116--283), including the
establishment of an interagency working group led by OSTP to
coordinate Federal programs and activities in support of
sustainable chemistry.
Solar Geoengineering.--OSTP is directed to develop an
interagency working group, in coordination with NOAA, NASA,
DOE, and other relevant agencies, to manage near-term climate
hazard risk and coordinate research in climate intervention.
In parallel, the interagency working group should also
establish a research governance framework to provide guidance
on transparency, engagement, and risk management for publicly
funded work in solar geoengineering research.
Industries of the Future.--No later than 30 days after
enactment of this Act, OSTP shall provide the Committees the
report required in the Industries of the Future Act of 2020
(Public Law 116--283) that includes an assessment and
recommendation related to the Federal Government's
investments in research and development in critical areas,
such as artificial intelligence, quantum computing, advanced
manufacturing, and biotechnology.
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 continue quarterly briefings as described in the
explanatory statement accompanying Division B of Public Law
116-260.
National Aeronautics and Space Administration
The agreement includes $24,041,300,000 for the National
Aeronautics and Space Administration (NASA). NASA shall
continue to follow directives contained in the explanatory
statement accompanying Division B of Public Law 116-260 under
the headings ``Quarterly Launch Schedule'' and ``Oversight
and Accountability.''
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science........................................ $2,064,700
Planetary Science.................................... 3,120,400
Astrophysics......................................... 1,393,500
James Webb Space Telescope........................... 175,400
Heliophysics......................................... 777,900
Biological and Physical Science...................... 82,500
----------------
Total, Science..................................... 7,614,400
================
Aeronautics........................................ 880,700
================
Space Technology....................................... 1,100,000
================
Exploration:
Orion Multi-purpose Crew Vehicle..................... 1,406,700
Space Launch System..................................
(SLS) Vehicle Deployment 2,600,000
Exploration Ground Systems........................... 590,000
Exploration Research and Development................. 2,195,000
----------------
Total, Exploration................................. 6,791,700
================
Space Operations....................................... 4,041,300
================
Science, Technology, Engineering, and Mathematics 137,000
(STEM)................................................
================
Safety, Security and Mission Services.................. 3,020,600
================
Construction and Environmental Compliance and 410,300
Restoration...........................................
================
Office of Inspector General............................ 45,300
================
Total, NASA........................................ $24,041,300
------------------------------------------------------------------------
SCIENCE
The agreement includes $7,614,400,000 for Science and
directs NASA to provide funding as described in the table
above and text below. NASA shall continue its progress toward
implementing the recommendations within the Earth Science,
Heliophysics, Planetary Science, Astrophysics, and Biological
and Physical Sciences decadal surveys. The Science Mission
Directorate's efforts to promote diversity and inclusion
among principal investigators (PIs) are noted and
appreciated.
Earth Science.--In lieu of the funds designated in the
House report for Earth Science, the agreement provides up to
the request level for Earth Science Research and Analysis;
Decadal Survey and Future Missions; Plankton, Aerosol, Cloud,
ocean Ecosystem (PACE); Carbon Monitoring System; Earth
Venture Class Missions; NASA-ISRO Synthetic Aperture Radar;
and the Geostationary Carbon Cycle Observatory (GeoCARB).
NASA is directed to provide no less than the request level
for the Climate Absolute Radiance and Refractivity
Observatory Pathfinder (CLARREO) and the Geosynchronous
Littoral Imaging and Monitoring Radiometer (GLIMR).
University Small Satellite Missions.--Of the funds provided
for Science, NASA is directed to allocate not less than
$30,000,000 for university small satellite missions.
Commercial Launch Industry.--The agreement affirms House
report language regarding the use of small satellite missions
and directs NASA to ensure its merit review processes
encourage PIs to use these services where appropriate.
Robotically Assembled Earth Science Platform.--NASA is
encouraged to support, in partnership with industry, the
development and deployment of capabilities using NASA-
supported robotic assembly and on-orbit structure
manufacturing technologies to enable operation of multiple
modular Earth remote sensing instruments.
Lunar Discovery.--The agreement includes up to $497,300,000
for Lunar Discovery and Exploration, including up to the
request level for Commercial Lunar Payload Services (CLPS),
not less than $22,100,000 for the Lunar Reconnaissance
Orbiter, and not less than $107,200,000 for the Volatiles
Investigating Polar Exploration Rover (VIPER).
Venus Technology.--In lieu of the House language, the
agreement provides up to the request level for Venus
Technology.
Dragonfly.--In lieu of the House language on New Frontiers,
the agreement provides $201,100,000 for Dragonfly.
Mars Sample Return.--In lieu of the House language on Mars
Sample Return, the agreement provides no less than the
request level and strongly supports NASA's highest priority
planetary mission.
Small Innovative Missions for Planetary Exploration
(SIMPLEx).--The agreement affirms House report language
regarding SIMPLEx and urges NASA to consider developing plans
to increase SIMPLEx solicitations to further accelerate and
enhance overall planetary science mission objectives.
Icy Satellites Surface Technology.--The agreement directs
that not less than $14,200,000 shall be for Icy Satellites
Surface Technology. NASA may use current and prior-year
resources to meet this funding level.
Roman Telescope.--The agreement includes $501,600,000 for
the Nancy Grace Roman Space Telescope. NASA is expected to
use a firm $3,500,000,000 development cost cap in its future
execution of the mission.
Science Mission Directorate (SMD) Education.--The agreement
provides no less than $50,600,000 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 Decadal Survey.--The Astrophysics decadal
survey, Pathways to Discovery in Astronomy and Astrophysics
for the 2020s (Astro2020), was issued in November 2021. It
recommended the establishment of a technology development
program to mature science and technologies needed for the
recommended missions beginning with those needed for a large
telescope to observe habitable exoplanets. Congress has
previously supported such efforts through Search for Life
Technologies. As part of its preparations for implementing
the Astro2020 recommendations, NASA is expected to include
appropriate funding for technology maturation in its fiscal
year 2023 budget request to ensure continued Astrophysics
mission success.
Stratospheric Observatory for Infrared Astronomy (SOFIA).--
The agreement notes all recommendations of Astro2020. The
agreement includes $85,200,000 from within current
[[Page H1797]]
and prior year resources to continue SOFIA operations in
fiscal year 2022.
James Webb Space Telescope (JWST).--The agreement includes
$175,400,000 for the JWST.
Heliophysics Technology.--The agreement provides up to the
request level for Heliophysics Technology.
Solar Terrestrial Probes.--The agreement provides up to the
request level for Solar Terrestrial Probes, including no less
than the fiscal year 2021 level from within current and prior
year resources to continue Magnetospheric Multiscale mission
operations in fiscal year 2022.
Heliophysics Explorers.--The agreement provides
$189,200,000 for Heliophysics Explorers.
Heliophysics Research Range.--The agreement provides the
requested level for Research Range.
Space Weather.--The agreement provides no less than
$25,000,000 for Space Weather Science and Applications
(SWSA), including no less than $1,000,000 to initiate the
implementation of a center-based mechanism to support
multidisciplinary space weather research, advance new
capabilities, and foster collaboration among university,
government, and industry participants aimed at improving
research-to-operations and operations-to-research. The SWSA
program should focus on research and technology that enables
other agencies to improve operational space weather forecasts
and assets, including ground-based assets such as the Daniel
K. Inouye Solar Telescope.
Biological and Physical Science.--The agreement includes
$82,500,000 for Biological and Physical Science.
AERONAUTICS
The agreement includes $880,700,000 for Aeronautics,
including up to $311,700,000 for the Integrated Aviation
Systems Program.
Hypersonics Technology.--The agreement includes not less
than $50,000,000 for Hypersonics Technology, of which
$15,000,000 shall be prioritized for collaborative work
between academia and industry, including for carbon/carbon
material testing and characterization as well as reusable
vehicle technologies and hypersonic propulsion systems.
High-Rate Composite Aircraft Manufacturing (HiCAM).--The
agreement provides no less than $32,000,000 to enable HiCAM
to select large-scale ground tests of both fuselage and wing
to accelerate industry's development of this critical
technology to help ensure the global competitiveness of the
U.S. aerospace industry. NASA is encouraged 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 partnerships
with at least a 50 percent government cost share.
Advanced Materials Research.--The agreement provides up to
$7,000,000 above the request to advance university-led
aeronautics materials research. NASA is encouraged to partner
with academic institutions that have strong capabilities in
aviation, aerospace structures, and materials testing and
evaluation.
Low-Boom Flight Demonstrator (LBFD) Over Land Supersonic
Testing.--NASA has identified a comprehensive set of
atmospheric environments that its low sonic boom aircraft
will encounter in flights over land in anticipation of
initial test flights of the LBFD experimental aircraft
beginning in 2022. NASA is directed to include established
non-military supersonic test corridors for the LBFD flight
tests.
Unmanned Traffic Management (UTM).--NASA is encouraged to
continue work with the FAA and other Federal agencies,
States, counties, cities, and Tribal jurisdictions on
research toward the development of a UTM system,
technologies, and applications for enhanced UTM air domain
awareness.
Aviation Supply Chain.--The agreement directs NASA to
assess the existing aviation supply chain from materials
suppliers to structures manufacturing, including modeling
existing and potential future supply chain gaps. In
conducting the assessment, NASA should consult with industry
and other relevant Federal agencies to identify future
technology and research needs impacted by supply chain
disruptions.
SPACE TECHNOLOGY
The agreement includes $1,100,000,000 for Space Technology
and reaffirms support for the independence of the mission
directorate. In lieu of the House language, the agreement
provides up to the request level for On-Orbit Servicing,
Assembly, and Manufacturing-2 (OSAM-2), Fission Surface
Power, Solar Electric Propulsion, and the Lunar Surface
Innovation Initiative. The agreement also encourages NASA to
support active debris removal technology development.
Regional Economic Development Initiative.--The agreement
provides up to $8,000,000 for the Regional Economic
Development Initiative.
Restore-L/SPace Infrastructure DExterous Robot (SPIDER).--
The agreement provides $227,000,000 for the Restore-L
Project. NASA should continue to work with private sector and
university partners to facilitate commercialization of the
technologies developed within the program. NASA is directed
to submit with its fiscal year 2023 budget request a report
on current efforts underway to encourage commercialization of
technology within the Restore-L program, with a focus on how
intellectual property will be handled. The agreement also
directs NASA to keep the program on track for launch no later
than 2025 and encourages NASA to make Restore-L's
capabilities available to other government agencies.
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 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.
Flight Opportunities Program.--The agreement includes no
less than $27,000,000 for the Flight Opportunities Program,
including $5,000,000 to support payload development and
flight of K-12 and collegiate educational payloads. NASA
shall continue to follow directives contained in the
explanatory statement accompanying Division B of Public Law
116-260 under the heading ``Flight Opportunities Program.''
Innovative Nanomaterials.--The agreement provides up to
$5,000,000 to advance large scale production and use of
innovative nanomaterials, including carbon nanotubes and
carbon/carbon composites.
Nuclear Electric Propulsion (NEP).--In lieu of the House
language on Nuclear Electric Propulsion, the agreement
directs NASA to identify areas of alignment between NEP
research and Fission Surface Power research. The agreement
also maintains the House direction regarding a response to
the National Academies of Science study on nuclear propulsion
and a report on a multi-year plan for an in-space propulsion-
system demonstration for NEP.
Moon-to-Mars.--To support Moon-to-Mars specific
technologies, crosscutting applications for the commercial
space economy, as well as the scientific and robotic
exploration of planetary bodies and other destinations, the
agreement directs NASA, within available resources, to
support investments in demonstration efforts to allow for
competitive public-private partnership opportunities focused
on high-level, NASA-defined objectives. The agreement directs
NASA to provide a report within 180 days of enactment of this
Act on existing Tipping Point projects and planned
Announcement of Collaborative Opportunities solicitations.
On-surface Manufacturing Capabilities.--The agreement
provides no less than the fiscal year 2021 enacted level 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 (SBIR).--NASA shall
continue to fulfill statutory obligations for SBIR funding
and place an increased focus on awarding SBIR awards to firms
with fewer than 50 employees.
EXPLORATION
The agreement includes $6,791,700,000 for Exploration.
Orion Multi-Purpose Crew Vehicle.--The agreement includes
$1,406,700,000 for the Orion Multi-Purpose Crew Vehicle.
Space Launch System (SLS).--The agreement provides
$2,600,000,000 for SLS, of which $600,000,000 is for
concurrent SLS Block 1B Development, including Exploration
Upper Stage development and associated stage adapter work.
The agreement reaffirms House report language regarding SLS
and Block 1B Development, 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)(l)(a) and (b) of Public Law 111-267. Further,
as NASA continues to refine its strategy for a sustainable
presence and exploration of the lunar surface, the agreement
encourages NASA to continue its exploration of a cargo
variant of SLS for use in the Artemis program and for other
purposes.
Exploration Ground Systems (EGS).--In lieu of the House
language on EGS, the agreement provides not less than
$590,000,000 for EGS, including up to $165,300,000 for the
Mobile Launch Platform-2 (MLP-2). The extraordinary projected
cost increase for MLP-2 is concerning. However, it is
understood that the MLP-2's emergent cost needs may put a
strain on EGS activities, and thus the agreement provides
NASA with one-time additional flexibility regarding transfer
authority into EGS.
Exploration Research and Development.--In lieu of House
funding for Exploration Research and Development, the
agreement includes $2,195,000,000, of which not less than
$1,195,000,000 is for the Human Landing System.
Human Landing System (HLS).--The agreement provides not
less than $1,195,000,000 for HLS, including no less than the
requested amount for the Lunar Lander office. With these
funds, in addition to enabling a human landing during the
Artemis III mission, NASA is expected to make real
investments in development that promote competition for the
sustainable lander phase rather than additional studies. The
agreement urges NASA to enable a routine cadence of human
transportation services to and from the Moon with multiple
providers, as practicable. Within 30 days of enactment of
this
[[Page H1798]]
Act, NASA is directed to deliver a publicly available plan
explaining how it will ensure safety, redundancy,
sustainability, and competition in the HLS program within the
resources provided by this Act and included in the fiscal
year 2023 budget request. NASA shall also provide to the
Committees a description of all resources needed in fiscal
years 2023 through 2026 to accomplish these goals.
Artemis Element Transition.--NASA has requested authority
to begin transitioning production and operations contracts
from Exploration to Space Operations. However, a formal
budget request that outlines the planned transition of
Artemis elements from Exploration to Operations is needed
before making any change in the accounts that fund ongoing
programs, especially as the Artemis program has yet to see
the system's integrated first flight. The agreement therefore
does not include language allowing a portion of Orion funding
to be transferred to Space Operations in fiscal year 2022,
though NASA is not precluded from including operational
funding in the appropriate account in its fiscal year 2023
budget request. Such request should delineate any requested
transition, along with a plan to ensure integrated reporting
and a continued focus on safety as the agency prepares for
crewed launches and eventually a human Moon landing. As
Artemis program elements move from development to operations
it is important that costs be reduced in order to free up
funds to develop additional capabilities for lunar and Mars
exploration.
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.
Streamlining Exploration.--As SLS, Orion, EGS, and other
elements of the Artemis architecture transition from
development to production and operations, the long-term cost
effectiveness of Artemis will depend on NASA appropriately
aligning its own workforce during this transition to drive
affordability and eliminate work products that are not
required.
Artemis Multi-year Plan.--The agreement directs NASA not to
obligate in excess of 40 percent of the amounts made
available in this Act for the Gateway; Advanced Cislunar and
Surface Capabilities; Commercial LEO Development; Human
Landing System; and Lunar Discovery and Exploration,
excluding the Lunar Reconnaissance Orbiter, until the
Administrator submits a multi-year plan to the Committees
that identifies estimated dates, by fiscal year, for Space
Launch System flights to build the Gateway; the commencement
of partnerships with commercial entities for additional LEO
missions to land humans and rovers on the Moon; and
conducting additional scientific activities on the Moon. The
multi-year plan shall include key milestones to be met by
fiscal year to achieve goals for each of the lunar programs
described in the previous sentence and funding required by
fiscal year to achieve such milestones, as well as funding
provided in fiscal year 2022 and previous years.
SPACE OPERATIONS
The agreement provides $4,041,300,000 for Space Operations.
Human Research Program.--As requested by NASA, the
agreement moves the Human Research Program to the Space
Operations Mission Directorate.
21st Century Launch Complex Program.--In lieu of House
language on the 21st Century Launch Complex Program, within
the amounts provided for Space Operations, the agreement
includes up to the fiscal year 2021 levels for the 21st
Century Launch Complex Program. The agreement urges NASA to
continue to consider the full potential of all NASA-owned
launch complexes in awarding funds made available through
this program.
Space Communications.--While commercial service providers
have the potential to meet some NASA needs, the agency will
need to plan and budget for the replacement of essential
services if commercial services are unable to meet NASA's
needed capabilities when Tracking and Data Relay Satellites
reach the end of their service lives. In addition to the
direction in the House report, NASA shall provide a timeline
for sustainment of the existing Deep Space Network and
infrastructure upgrades, including those identified in the
``Road to Green'' study, in the fiscal year 2023 budget
request and brief the Committees on these plans within 30
days after the date of the submission of the fiscal year 2023
budget request. The agreement also supports up to the full
request for the Communications Services Program.
Commercial LEO Development.--The agreement provides up to
$101,100,000 for LEO commercialization to grow promising
research across all scientific disciplines and industries.
NASA shall continue to follow directives contained in the
explanatory statement accompanying Division B of Public Law
116-260 under the heading ``Commercial LEO Development.''
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT
The agreement includes $137,000,000 for Science,
Technology, Engineering, and Mathematics Engagement.
Space Grant Program.--The agreement includes $54,500,000
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 $860,000 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 $43,000,000 for MUREP and
continues direction contained in the explanatory statement
accompanying Division B of Public Law 116-260.
STEM Education and Accountability Projects (SEAP).--The
agreement includes $13,500,000 for SEAP. The agreement also
reflects strong support for the Competitive Program for
Science, Museums, Planetariums, and NASA Visitors Centers
known as ``Teams Engaging Affiliate Museums and Informal
Institutions program (TEAM II).''
SAFETY, SECURITY AND MISSION SERVICES
The agreement includes $3,020,600,000 for Safety, Security
and Mission Services.
Information Technology.--The agreement provides up to
$612,200,000 for information technology.
Accounting System.--The agreement maintains the prohibition
described in the explanatory statement accompanying Division
B of Public Law 116-260 with regard to NASA's accounting
system.
Community Projects/Special Projects.--Within the
appropriation for Safety, Security and Mission Services, the
agreement provides funds for the following projects:
NASA COMMUNITY PROJECTS/NASA SPECIAL PROJECTS
------------------------------------------------------------------------
Recipient Project Amount
------------------------------------------------------------------------
Atchison Amelia Earhart Development of New $1,000,000
Foundation. Programs at the Amelia
Earhart Hangar Museum
and Memorial.
Bowie State University......... Hydroponics Research $1,000,000
Laboratory Initiative.
Boys & Girls Club of Hawai'i... STEM Education $80,000
Initiative Expansion.
Educate Maine.................. Satellite Chipset $400,000
Computer Science
Learning Module.
Lincoln University............. Food for Human $160,000
Spaceflight
Sustainability.
Louisiana State University, Aerospace Systems and $5,000,000
National Center for Advanced Technology Development.
Manufacturing.
McAuliffe-Shepard Discovery McAuliffe-Shepard $348,000
Center. Discovery Center
Planetarium
Enhancements.
Montgomery County Community STEM Learning Center $70,000
College. Installation.
Norwich University............. NASA Research and $250,000
Technology Development
for Cyber Architecture.
Ohio Aerospace Institute....... Research Center $1,500,000
Partnership Initiative.
Oklahoma State University...... 6G Innovations......... $1,000,000
Oklahoma State University...... Rapid Assured Fully $1,200,000
Transparent Integrated
Circuit Platform
Project.
Rancho Cucamonga Public Library Second Story and Beyond $1,000,000
Project.
Rush University Medical Center. REACH for Information $696,000
Technology Training.
Springfield Museums Corporation Springfield Science $750,000
Museum Upgrades.
University of Connecticut...... University of $2,000,000
Connecticut Ecological
Modeling Institute.
University of Delaware/Delaware The Delaware Space $900,000
State University. Observation Center
Enhancement.
University of Hawai'i.......... 'Imiloa Astronomy $1,000,000
Center Expansion and
Upgrades.
University of New Hampshire.... University of New $501,000
Hampshire Magnetometer
Research and Education
Facility.
West Virginia University....... Spacecraft Development $800,000
Facility.
Wheeling University Challenger Update Technology at $3,000,000
Learning Center. the Challenger
Learning Center and
Support Seasonal
Educational
Programming.
------------------------------------------------------------------------
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The agreement includes $410,300,000 for Construction and
Environmental Compliance and Restoration (CECR). The
agreement also includes the request for Construction of
Facilities for Science, Exploration, and Space Operations.
Unmet Construction Needs.--The gulf between the amount NASA
requested for construction activities and the cost of the
projects NASA has identified as shovel-ready and needed
continues to be vast and disappointing. NASA is directed to
brief the Committees within 180 days of the date of enactment
of this Act on implementation of the recommendations in the
September 2021 Inspector General's report, ``NASA
Construction of Facilities.'' NASA is further directed to
include, in priority order, no fewer than
[[Page H1799]]
the top 10 construction projects that are needed but unfunded
in its fiscal year 2023 budget request, along with any unmet
repairs that result from damage from wildfires, hurricanes,
or other natural disasters.
OFFICE OF INSPECTOR GENERAL
The agreement includes $45,300,000 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 permits various transfers of funds.
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 such funds shall not
be available for obligation except in compliance with the
procedures set forth in that section.
The agreement also includes a provision providing NASA the
authority to combine amounts from one or more of its Science,
Aeronautics, Space Technology, Exploration, and Space
Operations appropriations with amounts from the STEM
Engagement appropriation to jointly fund discrete projects or
activities, through contracts, grants, or cooperative
agreements, that serve these purposes. NASA is directed to
provide notification of the Agency's intent to award a
contract, grant, or cooperative agreement that would be
jointly funded under this authority, no less than 15 days
prior to award.
National Science Foundation
The agreement includes $8,838,000,000 for the National
Science Foundation (NSF). The agreement does not adopt the
amounts provided in the prefatory matter of the House report
and instead provides further direction regarding program
levels cited within the appropriate NSF Divisions including
Research and Related Activities, Major Research Equipment and
Facilities Construction, Education and Human Resources,
Agency Operations and Award Management, National Science
Board, and Office of Inspector General.
Broadening Participation.--The agreement includes increases
that are aimed to support Broadening Participation in STEM
programs. Global leadership requires diverse ideas and NSF is
encouraged to ensure the Foundation partners with communities
with significant populations of underrepresented groups
within STEM research and education as well as the STEM
workforce.
Graduate Research Fellowship Program (GRFP).--In lieu of
House language regarding the consolidation of GRFP, the bill
includes language allowing the transfer of up to $148,000,000
from Research and Related Activities to Education and Human
Resources to permit NSF to consolidate the GRFP. The
agreement also provides $148,000,000 for GRFP within
Education and Human Resources.
RESEARCH AND RELATED ACTIVITIES
The agreement includes $7,159,400,000 for Research and
Related Activities (R&RA).
Technology, Innovation, and Partnerships.--The agreement
supports the new Directorate for Technology, Innovation, and
Partnerships (TIP) within R&RA that builds upon and
consolidates existing NSF programs. TIP serves as a cross-
cutting platform to advance science and engineering research
leading to breakthrough technologies, to find solutions to
national and societal challenges, to strengthen U.S. global
competitiveness, and to provide training opportunities for
the development of a diverse STEM workforce. NSF is
encouraged to remember when funding projects within TIP that
good ideas and high-quality research are not bound to certain
geographical areas but exist across the country.
Climate Science and Sustainability Research.--The agreement
provides no less than $900,000,000 for climate science and
sustainability research through the U.S. Global Change
Research Program and Clean Energy Technology.
Artificial Intelligence (AI).--The agreement provides no
less than $636,000,000 for AI research. NSF is encouraged to
increase the pipeline of students graduating with AI and data
literacy through partnerships and cooperative agreements. 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.
Quantum Information Science.--The agreement includes
$220,000,000 for quantum information science research,
including $170,000,000 for activities authorized under
section 301 of the National Quantum Initiative Act (Public
Law 115-368) and $50,000,000 for National Quantum Information
Science Research Centers, as authorized in section 302 of
Public Law 115-368.
Historically Black Colleges and Universities Excellence in
Research (HBCU-EiR).--The agreement provides no less than
$22,000,000 for the HBCU-EiR program.
Infrastructure Investments.--With NSF's 10 Big Ideas as a
focusing tool, the funding for the fundamental scientific
disciplines should be maintained. Unless otherwise noted,
within amounts provided, NSF is directed to allocate no less
than the fiscal year 2021 enacted levels to maintain its core
research levels, including support for existing scientific
research laboratories, observational networks, and other
research infrastructure assets, such as the astronomy assets,
the current academic research fleet, federally-funded
research and development centers, and the national high
performance computing centers.
Scientific Facilities and Instrumentation.--The agreement
supports the continuation of operations at the Daniel K.
Inouye Solar Telescope (DKI-ST), the Gemini Observatory, the
Very Long Baseline Array (VLBA) receivers, and the Center for
High Energy X-Ray Science (CHEXS), and provides no less than
the fiscal year 2021 enacted funding levels for these
facilities.
Green Bank Observatory (GBO).--The agreement supports NSF's
effort to develop multi-agency plans at GBO and provides no
less than the requested level to support operations and
maintenance at GBO through multi-agency plans, or directly
through the Foundation.
Established Program to Stimulate Competitive Research
(EPSCoR).--The agreement provides no less than $215,000,000
for the EPSCoR States Program. Within the amount provided, no
more than 5 percent shall be used for administration and
other overhead costs. EPSCoR is designed to spur innovation
and strengthen the research capabilities of institutions that
are historically underserved by Federal research and
development funding.
Geography of Innovation.--NSF is encouraged to review its
large funding initiatives and center mechanisms to assess
what tools need to be put in place to ensure emerging
research institutions, institutions in EPSCoR States, and
Minority Serving Institutions are not only participants, but
leading these large NSF investments, in line with NSF's
commitment to a ``Geography of Innovation.'' NSF is directed
to report to the Committees within 45 days of enactment of
this Act on how the Foundation will assist these institutions
to lead large funding initiatives and centers, including:
Science and Technology Centers, Engineering Research Centers,
Mid-Scale Research Infrastructure awards, Artificial
Intelligence Centers, and other recurring or new center-level
opportunities.
Innovation Corps.--The agreement provides no less than
$40,000,000 for the Innovation Corps program to build on the
successes of its innovative public-private partnership model.
NSF is encouraged to facilitate greater participation in the
program from academic institutions in States that have not
previously received awards.
Regional Innovation Accelerators (RIA).--The agreement
supports the creation of the RIA program, and NSF is
encouraged to award at least one RIA in fiscal year 2022.
RIAs will be transformative for many communities across the
country, especially for communities within EPSCoR States.
Mid-scale Research Infrastructure.--The agreement provides
no less than the fiscal year 2021 enacted level for the mid-
scale research instrumentation program. NSF is encouraged to
make no fewer than two mid-scale awards to EPSCoR States.
Harmful Algal Blooms.--The agreement includes no less than
the fiscal year 2021 level for harmful algal bloom research
activities as described in the House report.
Domestic Manufacturing.--In lieu of House report language
regarding Industrial Innovation and Partnerships, NSF is
encouraged to continue to support meritorious research on the
U.S. steel industry, including through TIP programs.
International Ocean Discovery Program.--The agreement
provides $48,000,000 for the International Ocean Discovery
Program, equal to the fiscal year 2021 enacted level.
Cybersecurity Workforce.--NSF is encouraged to undertake a
study to identify, compile, and analyze existing nationwide
data and conduct survey research as necessary to better
understand the national cyber workforce to build on to the
NAS report titled, ``Information Technology and the U.S.
Workforce.''
Online Influence.--NSF is encouraged to consider additional
research efforts that will help counter influence from
foreign adversaries on the Internet and social media
platforms designed to influence U.S. perspectives, sow
discord during times of pandemic and other emergencies, and
undermine confidence in U.S. elections and institutions. To
the extent practicable, NSF should foster collaboration among
scientists from disparate scientific fields and engage other
Federal agencies and NAS to help identify areas of research
that will provide insight that can mitigate adversarial
online influence, including by helping the public become more
resilient to undue influence.
Astronomy.--The agreement recognizes the recent release by
the National Academies of Sciences, Engineering, and Medicine
(NAS) of the 2020 Decadal Survey in Astronomy and
Astrophysics, ``Pathways to Discovery in Astronomy and
Astrophysics for the 2020s.'' The agreement notes that NSF is
currently assessing how to best implement the recommendations
included in the 2020 Decadal Survey. NSF is expected to
include the appropriate levels of support for recommended
current and future world-class scientific research facilities
and instrumentation in subsequent budget requests. NSF is
also expected to support a balanced portfolio of astronomy
research grants by scientists and students engaged in ground-
breaking research.
[[Page H1800]]
Navigating the New Arctic.--As NSF continues the Navigating
the New Arctic program, the Foundation is encouraged to
formulate research programs leveraging expertise from regions
accustomed to adapting to changing marine ecosystems. NSF is
encouraged to address Arctic change through dedicated
research grants and coordination activities, expanded
observation networks and other research infrastructure, and
workforce training.
Sustainable Chemistry Research.--The agreement provides up
to $2,500,000 to establish the Sustainable Chemistry Basic
Research program authorized under section 509 of the America
COMPETES Reauthorization Act of 2010 (Public Law 111-358). In
lieu of House report language, NSF shall report to the
Committees within 90 days after the enactment of this Act on
its implementation plan for this program. Additionally, NSF
is encouraged to coordinate with OSTP to implement provisions
in subtitle E of title II of Public Law 116-283.
Spectrum Innovation Initiative.--The agreement supports
continued investment in the Spectrum Innovation Initiative.
Understanding Rules of Life.--The agreement supports NSF's
focus on the Understanding Rules of Life research, including
in plant genomics, and directs NSF to continue to advance the
ongoing plant genomics research program, to 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 develop
programs, identify co-funding opportunities, and utilize
collaborative research to better understand the fundamental
natural processes of tornadoes and to improve models of these
seasonal extreme events.
Intense, Ultrafast Lasers.--NSF is encouraged to continue
planning and making the early stage investments needed to
advance ultrafast and high power laser technologies to
maintain U.S. leadership and implement the recommendations
from the Brightest Light Initiative Workshop report in 2019
and associated NAS study.
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.
Deepfakes.--NSF is directed to implement the requirements
included within the Identifying Outputs of Generative
Adversarial Networks Act (Public Law 116-258).
Disaster Research.--The agreement supports research that
enhances understanding of the fundamental processes
underlying natural hazards and extreme events. NSF is
encouraged to fund grants for meritorious research in
fulfilment of the National Landslide Preparedness Act (Public
Law 116-323).
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The agreement provides $249,000,000 for Major Research
Equipment and Facilities Construction (MREFC), including the
requested levels for the continued construction of the Vera
C. Rubin Observatory (previously known as the Large Synoptic
Survey Telescope), the Antarctic Infrastructure
Recapitalization (previously known as the Antarctic
Infrastructure Modernization for Science), Regional Class
Research Vessels, 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.--There is concern about the impact
of current construction delays on NSF's planning for the
construction and development of the next generation of
competitive large-scale facilities to support NSF-funded
science disciplines. As part of the planning process, NSF and
the National Science Board are encouraged to develop a
comprehensive and prioritized list of the next generation
large-scale facilities requested by NSF-supported science
disciplines to ensure that the United States maintains its
scientific leadership.
EDUCATION AND HUMAN RESOURCES
The agreement includes $1,006,000,000 for Education and
Human Resources, including no less than: $51,500,000 for
Louis Stokes Alliance for Minority Participation; $75,000,000
for the Advanced Technological Education program; $90,000,000
for the Improving Undergraduate STEM Education (IUSE)
Program; $38,000,000 for the Historically Black Colleges and
Universities Undergraduate Program; $17,500,000 for the
Tribal Colleges and Universities Program; $48,500,000 for the
IUSE Hispanic Serving Institutions program; $65,000,000 for
Advancing Informal STEM Learning; $8,500,000 for the Alliance
for Graduate Education and the Professoriate; $25,000,000 for
Centers for Research Excellence in Science and Technology;
$67,000,000 for the Robert Noyce Scholarship Program;
$21,500,000 for the NSF INCLUDES program; and $18,500,000 for
Advancement of Women in Academic Science and Engineering
Careers.
CyberCorps: Scholarships for Service.--The agreement
includes no less than $63,000,000 for the CyberCorps:
Scholarships for Service program, of which up to $6,500,000
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.
Hands-on and Experiential Learning Opportunities.--
Developing a robust, talented, and diverse homegrown
workforce, particularly in the fields of STEM, is critical to
the success of the U.S. innovation economy. NSF is encouraged
to provide grants to support the development of hands-on
learning opportunities in STEM education, including via
afterschool activities and innovative learning opportunities
such as robotics competitions.
Transformational Education Innovation and Translation.--NSF
is encouraged to collaborate with the Department of Education
on transformational education innovation and translation,
including interventions grounded in scientific understanding
to improve student outcomes and achievement. This may include
instrumenting large-scale digital learning platforms to
create a research infrastructure that drives continuous
improvement in the use of the learning sciences. NSF should
consider how to help address the learning loss associated
with the COVID-19 pandemic, foster the benefits of distance
learning and consider the learning needs of under-resourced
and underrepresented students such as those in urban or rural
communities.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The agreement includes $400,000,000 for Agency Operations
and Award Management (AOAM).
Full Administration Costs.--In previous years, NSF has
relied on transfer authority to cover the full cost of
conducting its mission to advance basic science through
research. In doing so, the true cost of agency administration
was not readily apparent within each budget request. As the
new TIP Directorate is being established, NSF has requested
the opportunity to completely capture its administrative and
workforce costs into a single location, without reliance on
transfers. In support of this effort, the agreement provides
a significant increase in AOAM funding to enable NSF to
reduce its reliance on transfers during fiscal year 2022. NSF
is encouraged to request sufficient AOAM funding in future
budgets to further reduce its use of transfers for
administrative purposes.
OFFICE OF THE NATIONAL SCIENCE BOARD
The agreement includes $4,600,000 for the National Science
Board.
OFFICE OF INSPECTOR GENERAL
The agreement includes $19,000,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes three administrative provisions. Two
allow limited transfers of funds among accounts, including a
one-time transfer to consolidate the GRFP. One requires
notification for the disposal of certain assets.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The agreement includes $13,000,000 for the Commission on
Civil Rights, of which $1,000,000 is to be used separately to
fund the Commission on Black Men and Boys. The agreement
reiterates previous instruction for the Commission to provide
a detailed spending plan for the funding provided for the
Commission on Black Men and Boys within 45 days of enactment
of this Act. In addition, the Commission shall include the
Commission on 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 $420,000,000 for the Equal
Employment Opportunity Commission (EEOC).
Summary of Equal Pay Data and Report.--EEOC is directed to
provide the results of its study analyzing summary pay
information collected through the revised EEO I form for 2017
and 2018 immediately. EEOC is directed to publish a publicly
available report describing the methodology and results of
the analysis, identifying whether any operational needs would
be created by a future
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pay data collection effort, and describing steps the agency
plans to take to ensure that any pay data is kept
confidential and secure. EEOC is further directed to submit a
report to the Committees setting forth a timeline and process
for analyzing the summary pay information collected through
the revised EEO I form within 120 days of the enactment of
this Act. Any proposed changes to the collection and
analyzing of EEO I data shall be published in the Federal
Register for a public comment period of no less than 30 days.
Charge Reporting.--EEOC is directed to do the following
within 30 days of enactment of this Act: (1) report to the
Committees on the number of A, B, and C charges for each of
the last 5 fiscal years, and (2) post such data on its public
website.
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.
Inventory Backlog Reduction.--EEOC is directed to
prioritize its staffing and resources toward reducing the
number of current and outstanding unresolved private sector
pending charges and public sector hearings.
International Trade Commission
SALARIES AND EXPENSES
The agreement includes $110,000,000 for the International
Trade Commission (ITC). Within the funds provided, the
agreement supports an increase towards the ITC's information
technology requirements.
Trade Enforcement Analysis.-- ITC is directed to conduct an
investigation and retrospective economic analysis of any
section 232 or 301 tariff that is active as of the date of
enactment of this Act. Within a year of enactment of this
Act, ITC shall provide a report to the Committees with
detailed information, to the extent practicable, on U.S.
trade, production, and prices in the industries directly and
most affected by active tariffs under section 232 of the
Trade Expansion Act of 1962 (19 U.S.C. 1862) and section 301
of the Trade Act of 1974 (19 U.S.C. 2232).
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The agreement includes $489,000,000 for the Legal Services
Corporation (LSC).
Marine Mammal Commission
SALARIES AND EXPENSES
The agreement includes $4,200,000 for the Marine Mammal
Commission.
Office of the United States Trade Representative
The agreement includes a total of $71,000,000 for the
Office of the U.S. Trade Representative (USTR).
For fiscal year 2022, 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,'' ``Trade Enforcement,''
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, and ``China Trade Deal Costs'' included in the
explanatory statement accompanying Public Law 116-260.
SALARIES AND EXPENSES
The agreement includes $56,000,000 for the salaries and
expenses of USTR.
Section 301 Exclusion Processes.--USTR is reminded of the
longstanding direction that any tariffs imposed on goods from
China under section 301 of the Trade Act of 1974 (Public Law
93-618) shall be accompanied by an exclusion process. USTR is
directed to immediately establish and administer an exclusion
process for U.S. businesses seeking relief from section 301
tariffs that are active as of the date of enactment of this
Act. Further, any tariffs imposed in fiscal year 2022 on
goods from China under section 301 of the Trade Act of 1974
shall also be accompanied by an exclusion process
administered by USTR. USTR is encouraged to increase
transparency and consistency in its section 301 exclusion
process and to make the process less cumbersome to navigate,
especially for small- and medium-sized businesses.
United States-Canada Softwood Lumber Dispute.--USTR and the
Department of Commerce are encouraged to work toward a
resolution to the U.S.-Canada softwood lumber dispute that
supports U.S. industry, workers, and consumers.
Quad Strategic Partnership.--USTR is encouraged to further
promote and strengthen the economic ties with the Quad
strategic partnership among the United States, India, Japan,
and Australia.
Rare Earth Minerals.--USTR shall report to the Committees,
within 120 days of enactment of this Act, on its work to
address the threat posed by China's control of the global
supply of rare earth minerals, including (1) USTR's plan to
produce a more reliable and secure global supply chain of
critical minerals, and (2) a summary of any engagements with
strategic allies to promote shared investment and development
of rare earth minerals.
Parity for American Exports.--The agreement directs the
USTR to seek parity for American exports, which have been
targeted and unduly harmed by retaliatory tariffs resulting
from ongoing international trade disputes.
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 $7,200,000 for the State Justice
Institute (SJI).
Fines, Fees, and Bail Practices.--SJI is encouraged to
continue prioritizing its investments in fines, fees, and
bail practices so that State courts can continue taking a
leadership role in reviewing these practices.
Emergency Preparedness and Cybersecurity.--SJI is
encouraged to continue its ongoing emergency preparedness and
cybersecurity funding priority, which supports projects that
address innovative approaches to ensuring courts are prepared
to respond to disasters, pandemics, attacks on electronic
systems, and other threats.
State Court Behavioral Health Collaborative.--SJI is
encouraged to document and promote innovative court-based
programs that address substance abuse and mental illness and
develop a sustainable community of practice to share the
programs and practices on a national level.
Disparities in Justice.--SJI is encouraged to continue its
investments to address disparities in justice so that State
courts can ensure equal justice under the law.
Commission on the State of U.S. Olympics and Paralympics
SALARIES AND EXPENSES
The agreement includes $2,000,000 for the Commission on the
State of U.S. Olympics and Paralympics, as authorized by
section 11 of the Empowering Olympic, Paralympic, and Amateur
Athletes Act of 2020 (Public Law 116-189), to perform the
statutory duties of the Commission. The Commission is
directed to provide the report required by Public Law 116-189
no later than September 30, 2023.
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.
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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 2022.
Section 520 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under
the Internal Revenue Code of 1986, and has no unpaid Federal
tax assessment.
(RESCISSIONS)
Section 521 provides for rescissions of unobligated
balances. Subsection (d) requires the Departments of Commerce
and Justice 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. The Department of Justice shall ensure that
amounts for Joint Law Enforcement operations are preserved at
no less than the fiscal year 2021 level and that those
amounts and amounts for victim compensation are prioritized.
Section 522 prohibits the use of funds in this Act for the
purchase of first class or premium air travel in
contravention of the Code of Federal Regulations.
Section 523 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees,
who are stationed in the United States, at any single
conference outside the United States, unless the conference
is:
(1) a law enforcement training or operational event where
the majority of Federal attendees are law enforcement
personnel stationed outside the United States; or (2) a
scientific conference for which the department or agency head
has notified the House and Senate Committees on
Appropriations that such attendance is in the national
interest, along with the basis for such determination.
Section 524 requires any department, agency, or
instrumentality of the United States Government receiving
funds appropriated under this Act to track and report on
undisbursed balances in expired grant accounts.
Section 525 requires, when practicable, the use of funds in
this Act to purchase light bulbs that have the ``Energy
Star'' or ``Federal Energy Management Program'' designation.
Section 526 prohibits the use of funds by NASA, OSTP, or
the National Space Council (NSC) to engage in bilateral
activities with China or a Chinese-owned company or
effectuate the hosting of official Chinese visitors at
certain facilities unless the activities are authorized by
subsequent legislation or NASA, OSTP, or NSC have made a
certification pursuant to subsections (c) and (d) of this
section.
Section 527 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement and victim assistance purposes.
Section 528 requires the departments and agencies funded in
this Act to submit spending plans.
Section 529 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract.
Section 530 prohibits the use of funds by the Department of
Justice or the Drug Enforcement Administration in
contravention of a certain section of the Agricultural Act of
2014.
Section 531 prohibits the Department of Justice from
preventing certain States from implementing State laws
regarding the use of medical marijuana.
Section 532 requires quarterly reports from the Department
of Commerce, the National Aeronautics and Space
Administration, and the National Science Foundation of travel
to China.
Section 533 requires 10 percent of the funds for certain
programs be allocated for assistance in persistent poverty
counties.
Section 534 requires a report regarding construction of a
new headquarters for the FBI.
Section 535 prohibits the use of funds in this Act to
require certain export licenses.
Section 536 prohibits the use of funds in this Act to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 537 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 538 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 539 includes language regarding detainees held at
Guantanamo Bay.
Section 540 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Sections 541, 542, and 543 make technical corrections to
the Infrastructure Investment and Jobs Act (Public Law 117-
58).
Section 544 provides that the Department of Commerce and
Federal Bureau of Investigation may utilize funding to
provide payments pursuant to section 901(i)(2) of title IX of
division J of the Further Consolidated Appropriations Act,
2020.
Disclosure of Earmarks and Congressionally Directed Spending Items
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2022
The following is an explanation of the effects of this Act,
which makes appropriations for the Department of Defense for
fiscal year 2022. The joint explanatory statement
accompanying this division is approved and indicates
congressional intent. Unless otherwise noted, the language
set forth in House Report 117-88 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, 2022, 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 2023, 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 2023.
reprogramming guidance
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.
community project funding
The agreement directs the Secretary of Defense to ensure
that all Community Project Funding is awarded to its intended
recipients.
competition for congressional increases
Funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables titled Explanation of
Project Level Adjustments. Except for projects contained in
the table titled Community Project Funding Items, funding
increases shall be competitively awarded, or provided to
programs that have received competitive awards in the past.
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.
designated congressional special interest items
In the explanatory statement accompanying the Department of
Defense Appropriations Act, 2021, the Secretary of Defense
was directed to limit Department of Defense overhead costs on
all congressional program increases. The Army developed a
system for tracking overhead costs on congressional program
increases, and the agreement notes that all of the Services
and defense agencies should similarly track these costs to
ensure that the overwhelming amount of each congressional
program increase is used to further the intended program and
not simply supplement or supplant established overhead
budgets.
The agreement again directs the Secretary of Defense to
limit Department overhead and operating costs on
congressional program increases to not more than ten percent
of the funding level provided. The Service Secretaries and
the Deputy Secretary of Defense or their designee may request
a waiver to this requirement by submitting a prior approval
request in writing to the House and Senate Appropriations
Committees.
congressional initiatives
It is noted that progress has been made in recent years in
aligning resources to military requirements as a result of
the 2018 National Defense Strategy and that the fiscal year
2022 President's budget request presented to Congress
continues these important efforts by increasing the adoption
of advanced technologies. The congressional defense
committees' oversight efforts discovered numerous
opportunities to accelerate the pace of change, especially
with respect to security and deterrence in the Indo-Pacific
region, space and cyber capabilities, artificial
intelligence, and infrastructure and public shipyard
improvements. Therefore, the agreement includes significant
additional appropriations for these four areas. The agreement
also includes increases to select high-priority items
identified on the unfunded priority lists of the service
chiefs and combatant commands that address capability gaps in
the areas listed above. Further, the agreement includes
additional funding for certain issues which the Department of
Defense is not well positioned to address without additional
appropriations, such as funding to address per- and
polyfluoroalkyl substances (PFAS) pollution related to
military installations. These funds are intended to
accelerate efforts beyond assessments of PFAS contamination,
to the remediation of hazards. Finally, the agreement
includes $125,000,000 for the National Defense Stockpile
Transaction Fund to improve American supply chain resilience
related to strategic materials.
The Secretary of Defense is directed to provide an
execution plan to the congressional defense committees for
these priority initiatives, as well as other increases which
improve the readiness and capabilities of the Armed Forces,
not later than 60 days after the enactment of this Act.
department of defense test infrastructure investments
It is noted that recent investments in next-generation
weapons such hypersonics, directed energy, and space
technologies have not been accompanied by investments in the
associated test infrastructure to demonstrate these
capabilities under operationally relevant conditions against
realistic threats. Therefore, the agreement includes
additional appropriations of $422,728,000, as detailed in the
tables of Explanation of Project Level Adjustments under the
headings for Research, Development, Test and Evaluation,
Navy; Research, Development, Test and Evaluation, Defense-
Wide; and Operational Test and Evaluation, Defense, only for
lab and test range upgrades for the following: Space,
electromagnetic spectrum, hypersonics, directed energy, and
targets. Further, there is an opportunity to accelerate
infrastructure improvements at the Nevada Test and Training
Range, Point Mugu Sea Range, China Lake, and Joint Pacific
Alaska Range Complex to provide peer-representative threat
environments for 5th generation aircraft. Therefore, the
agreement includes additional appropriations of $375,400,000,
as detailed in the tables of Explanation of Project Level
Adjustments under the headings for Research, Development,
Test and Evaluation, Defense-Wide, only for the acquisition
or modification of radar emulators and decoy systems.
It is directed that none of these funds may be obligated or
expended until 30 days after the Director for Operational
Test and Evaluation, in coordination with the Director of the
Test Resource Management Center, provides a detailed spend
plan to the congressional defense committees regarding
obligation plans of these funds, to include any changes from
previously identified funding requirements and outyear
funding requirements. Further, these additional
appropriations for test range infrastructure are designated
as congressional special interest items for the purpose of
the Base for Reprogramming (DD Form 1414).
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 unfunded mission requirements in excess of
$19,000,000,000 with submission of
[[Page H1867]]
the fiscal year 2022 President's budget request. As in
previous years, these requests, their underlying
requirements, costs, and schedules have been reviewed, and
additional appropriations are recommended in fiscal year 2022
to address these shortfalls, as identified in the tables of
Explanation of Project Level Adjustments in this joint
explanatory statement.
As previously stated, there are concerns about instances
where appropriations for unfunded requirements remained
unobligated until proposed for realignment. While it is
understandable that requirements evolve and associated
funding requirements change during execution of the budget,
such unexecuted appropriations suggest that additional
details regarding the execution of appropriations provided
specifically for unfunded requirements identified by the
Department of Defense is warranted.
Therefore, direction included in the joint explanatory
statement accompanying the Department of Defense
Appropriations Act, 2021 is reiterated. In addition, it is
directed that any submission of unfunded requirements by the
military services, defense agencies, and combatant commands
with the fiscal year 2023 President's budget request be
accompanied by updated requirements, and programmatic and
execution plans for unfunded requirements that received
appropriations in fiscal year 2022. Further, the Assistant
Secretaries (Financial Management and Comptroller) for the
Air Force, Navy, and Army are directed to incorporate in the
congressional budget brief templates distinct programmatic
and execution data for appropriations provided in the
previous three fiscal years for unfunded requirements
pertaining to the program/effort.
classified annex
Adjustments to classified programs are addressed in the
accompanying classified annex.
new budget exhibit capturing savings from proposed force structure
changes
The Assistant Secretaries (Financial Management and
Comptroller) for the Army, Navy, and Air Force are directed
to submit a budget exhibit that will display the savings
built into the budget for force structure retirements and
divestitures to be submitted with each President's budget
request. The agreement directs that all Service components
(active, reserve and Guard) be engaged in the formulation of
the budget exhibit in order to fully align all savings
proposals by appropriation. This new exhibit shall be
included in the justification materials with the fiscal year
2023 President's budget request and shall include, but not be
limited to, the following information (columns in the
display):
--Divestment title (item proposed for divestiture/
retirement);
--Quantity (if applicable, showing how many of a particular
item is being proposed for divestiture or retirement);
--Appropriation;
--Line Item;
--Budget Year savings (dollars in thousands);
--Budget Year +1 savings (dollars in thousands);
--Budget Year +2 savings (dollars in thousands);
--Budget Year +3 savings (dollars in thousands);
--Budget Year +4 savings (dollars in thousands);
--Total future years defense program (FYDP) savings
(dollars in thousands);
--Justification and Explanation of Changes (This section
shall include a brief description and an impact statement of
the decision to divest each platform. It shall also include
an explanation of changes when comparing the current
President's budget request savings estimates to prior
President's budget request savings estimates and the factors
that drove any changes to previous projections.);
--Insert row showing the total savings for each fiscal year
and the FYDP by divestment title; and
--Include a row at the bottom of this exhibit showing the
grand total dollar savings for all divestitures/retirements
by fiscal year and the FYDP for each military service.
quarterly reports on deployments of united states armed forces
The Secretary of Defense shall provide quarterly reports to
the congressional defense committees on the deployment of
United States Armed Forces by each geographic combatant
command, including the number of members of the Armed Forces,
civilian employees of the Department of Defense, and contract
personnel, as well as the country and named operation, if
applicable, to which such personnel are assigned.
foreign base notification
Not later than 15 days after the date on which any foreign
base that involves the stationing or operations of the United
States Armed Forces, 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 of the opening or
closing of such base. Such notification shall also include
information on any personnel changes, costs, and savings
associated with the opening or closing of such base.
department of defense acquisition workforce
The agreement ensures that the Department of Defense
acquisition workforce has the capacity, in both personnel and
skills, needed to properly perform its mission and provides
funding, as requested, in the Services' operation and
maintenance and research, development, test and evaluation
accounts; as well as in the Department of Defense Acquisition
Workforce Account and Defense Working Capital Funds. With the
submission of the fiscal year 2023 President's budget
request, the Service Acquisition Executives of the Army,
Navy, Air Force, and Space Force are directed to provide a
report to the congressional defense committees identifying
their acquisition workforce requirements in support of the
acquisition programs included in the fiscal year 2023 future
years defense program. Further, the Military Department
Financial Managers and Comptrollers of the Army, Navy, and
Air Force are directed to certify, with submission of the
fiscal year 2023 President's budget request, to the
congressional defense committees, that these acquisition
workforce requirements are fully funded in the fiscal year
2023 President's budget request. Finally, in order to
maintain visibility into and oversight of funding for the
defense acquisition workforce, these funds are designated as
congressional special interest items for the purpose of the
Base for Reprogramming, DD Form 1414.
integrated visual augmentation system
The agreement supports the continued development and
operational test of the Army's Integrated Visual Augmentation
System (IVAS). In light of recent developmental challenges
and increased testing requirements, the agreement recommends
a transfer of $55,000,000 from the Other Procurement, Army
account to the Research, Development, Test and Evaluation,
Army account for continued design, development, and testing
activities. The agreement also provides a total of
$405,140,000 to maintain contractual production requirements.
The Program Executive Officer, Soldier (PEO Soldier), not
later than 30 days after the enactment of this Act, is
directed to submit a revised IVAS development plan, including
the associated resourcing requirements, to the House and
Senate Appropriations Committees. Further, the agreement
places fiscal year 2022 IVAS procurement funding in the
amount of $349,543,000 on hold until the program completes
initial operational test and evaluation and PEO Soldier
provides a briefing to the House and Senate Appropriations
Committees.
budgeting for navy modernization
It is noted that in the fiscal year 2022 budget request,
the Navy proposed to break the multi-year procurement
contract (MYP) for the DDG-51 Destroyer, while simultaneously
requesting that Congress appropriate the necessary additional
funds for that Destroyer in the amount of $1,659,200,000 by
listing it as its top unfunded priority. It is further noted
that this five-year MYP was authorized by the congressional
defense committees in fiscal year 2018 at the request of the
Navy, as certified by the Under Secretary of Defense for
Acquisition and Sustainment, and with cost estimates provided
by the Director of Cost Assessment and Program Evaluation
(CAPE). Failure to fully budget for this MYP, therefore,
implies a lack of understanding of the full five-year funding
requirements, and creates an unnecessary risk to the
predictable and stable funding required for this MYP.
It is concerning that this continues a trend by the Navy to
submit budgets to the Congress that deliberately underfund
programs deemed by the Navy to be critical, with the
expectation that the congressional appropriations committees
will restore funds for these programs within the budget
allocation for the Department of Defense. For instance, in
fiscal year 2021, the Navy's budget request underfunded the
MYP for the VIRGINIA Class submarine that had been authorized
by the Congress in fiscal year 2018, requiring the
congressional appropriations committees to provide
approximately $2,600,000,000 in additional funds for this
MYP. As a result of these repeated budgetary maneuvers, it is
questionable whether the Navy's budget requests accurately
reflect the Service's most important priorities. This is
particularly concerning given the Navy's plans to initiate
and ramp up several major acquisition programs in the near-
term, including the COLUMBIA Class submarine, the Next
Generation Air Dominance Family of Systems, the DDG(X)
Destroyer, FFG, and SSN(X). At the same time, the Navy is
struggling to manage cost on several major acquisition
programs, including the COLUMBIA Class submarine, certain
subsea and seabed warfare programs, and the TAO fleet oiler,
revealing significant cost increases for each of these
programs in the fiscal year 2022 budget submission.
The Comptroller General is directed to review the
Department of the Navy's and the CAPE's processes for
identifying and budgeting funds required to fully fund MYPs
during the Department's programming, planning, and budgeting
processes and to report to the congressional defense
committees not later than 90 days after the enactment of this
Act. This report shall include an analysis of the treatment
of MYP funds for Navy programs in the fiscal year 2021 and
fiscal year 2022 President's budget submissions.
mission partner environment
The agreement directs the Secretary of the Air Force to
submit a report on Mission Partnership Environment (MPE)
implementation to the congressional defense committees not
later than 180 days after the enactment of this Act. The
report shall include, but not be limited to:
[[Page H1868]]
--Enacted MPE funding levels by appropriation and fiscal
year covering fiscal year 2019 to fiscal year 2022, including
a breakout of any funding within the request or provided
through a congressional increase;
--For each fiscal year, by program element code and
appropriation, the amounts obligated, which MPE capabilities
they supported, what was purchased (such as hardware,
software, and external labor), and the organization supported
(combatant command, military service, or defense agency);
--A spend plan for fiscal year 2022 in detail as required
above;
--An explanation of the factors driving any differences
between the enacted and actual funding levels by fiscal year,
program element code, and appropriation; and
--An overarching program schedule and funding profile by
fiscal year for MPE implementation across the future years
defense program. This section should be coordinated with
other stakeholders such as the Joint Staff, the Department of
Defense Chief Information Officer, the Under Secretary of
Defense for Intelligence and Security, and the Under
Secretary of Defense for Policy.
To ensure completeness and accuracy, the Secretaries of the
Army and Navy, Commanders of the combatant commands, and
Directors of the combat support agencies are directed to
provide the Secretary of the Air Force with the data listed
above not later than 90 days after the enactment of this Act.
F-35 CONTINUOUS CAPABILITY DEVELOPMENT AND DELIVERY
The fiscal year 2022 President's budget request includes
$1,983,112,000 in Air Force, Navy, and Marine Corps research
and development funding for F-35 continuous capability
development and delivery (C2D2), an increase of $565,858,000
over amounts appropriated in fiscal year 2021. It is noted
that per previous congressional direction, C2D2 efforts are
delineated into no less than ten distinct projects to provide
greater transparency of funds execution, and continued
adherence to this budget structure is directed.
Concerns remain regarding the budgeting, contracting and
contract performance for C2D2. Therefore, the Program
Executive Officer, F-35 Joint Program Office, is directed to
submit to the congressional defense committees, beginning not
later than with submission of the fiscal year 2023
President's budget request, and bi-monthly thereafter, the
following data: contract performance, verification results
reporting, quality metrics, technical performance metrics,
and process efficiency metrics.
This data shall include detailed explanations of deviations
from contracted plans and the President's budget request, to
include impact on spend plans for development efforts and
award fees.
ENHANCED BUDGET CONTROL FOR UNITED STATES CYBER COMMAND
The agreement supports the Department's efforts to provide
U.S. Cyber Command with control over specific budget
responsibilities starting with fiscal year 2024. The
agreement directs the Commander, U.S. Cyber Command, to keep
the House and Senate Appropriations Committees fully informed
on its progress.
SPACE ACQUISITIONS
The agreement recognizes the previous work done by the
Department to establish the initial Service transfers to the
United States Space Force (USSF), however it notes that the
Services continue to invest in space related capabilities to
include satellite command and control, proliferated low-earth
orbit architectures, and alternative navigation options that
may be better suited for management by the USSF. Therefore,
the agreement directs the Secretary of Defense, not to be
delegated, and in coordination with the Secretaries of the
military departments to submit a report to the congressional
defense committees, not later than 90 days after the
enactment of this Act, which identifies the space-related
development and acquisition programs across the military
Services. This report shall include a list of programs for
each military Service and the executing program office; a
brief description of the capability provided; a determination
of whether the program should be transferred to the Space
Force or not; a proposed timeline for any transfers; and an
explanation of the rationale leading to the transfer
decision. In addition, the report shall contain an addendum
that includes a table detailing the future years defense
program resource profile by fiscal year for each program. The
addendum shall also include each program broken out by
appropriation, budget line number, and the program element or
budget line item. A classified annex shall accompany the
unclassified report to capture the development and
acquisition programs.
MISSILE DEFENSE AGENCY PRIORITIES AND UNFUNDED REQUIREMENTS
The agreement includes $10,330,701,000 for Missile Defense
Agency (MDA) activities in this bill for fiscal year 2022, an
increase of $1,417,696,000 above the request. The Director of
MDA is directed to provide to the congressional defense
committees, not later than 30 days after the enactment of
this Act, updated acquisition and spend plans for adjusted
acquisition programs.
MISSILE DEFENSE AGENCY ACQUISITION AUTHORITIES
No adjustments may be made to the Missile Defense Agency's
(MDA) acquisition authorities until 120 days after the Deputy
Secretary of Defense, acting directly through the Director of
MDA, briefs the congressional defense committees on any such
proposed adjustments.
LAUNCH STRATEGY FOR HYPERSONIC AND BALLISTIC TRACKING SPACE SENSOR
The fiscal year 2022 President's budget request includes
$268,811,000 for the Missile Defense Agency (MDA) in
Research, Development, Test and Evaluation, Defense-Wide to
continue the development of a Hypersonic and Ballistic
Tracking Space Sensor (HBTSS), including $110,000,000 for MDA
to launch 2 HBTSS satellites on a single launch vehicle in
2023. It is noted that this launch strategy is inconsistent
with MDA's previous plans of launching HBTSS payloads into
orbit aboard the Space Development Agency's (SDA) Tranche 0
satellites in 2022/2023, which did not require additional
funds for a separate launch by MDA. The MDA and SDA each
launching their own satellites reveals a lack of coordination
and cooperation between SDA and MDA, poor oversight on the
part of the Department of Defense's space acquisition
enterprise, and waste of taxpayer dollars. It is directed
that no funds available to the Department of Defense may be
obligated or expended for an HBTSS Phase IIb modification for
additional payloads or space vehicles, or a Phase IIc or a
Phase III program in fiscal year 2022. Additional concerns
regarding duplication and overlap of space programs are
detailed under the heading ``Space Acquisitions'' in the
general overview of this joint explanatory statement.
FUNDING FOR MISSILE DEFENSE AGENCY TEST EVENTS
Regular and realistic testing of the missile defense
system, to include persistent cyber operations--as
coordinated with the Director of Operational Test and
Evaluation--to prove out missile defense capabilities,
increase engagement capability and capacity, and build
warfighter confidence, is supported. However, the repeated
volatility of the Missile Defense Agency's (MDA) annual test
plans that consistently result in schedule adjustments, test
delays, and the cancellation of previously planned and
budgeted flight tests in the year of execution is concerning.
The agreement provides funding for MDA's fiscal year 2022
test events at the funding levels identified in the
supplemental test event budget briefing materials provided to
the congressional defense committees, as modified by the
table of Explanation of Project Level Adjustments
accompanying the Research, Development, Test and Evaluation,
Defense-Wide account in this joint explanatory statement. The
Director of MDA is directed to notify the congressional
defense committees prior to executing changes to MDA's fiscal
year 2022 test baseline as established by this agreement.
DEFENSE OF GUAM
The fiscal year 2022 President's budget request includes
$78,300,000 in Research, Development, Test and Evaluation,
Defense-Wide (RDTE,DW) and $40,000,000 in Procurement,
Defense-Wide (P,DW) to develop key system-agnostic enablers
that would provide a baseline of capability to support a
range of material solutions while the Department of Defense
determines an architecture for the Defense of Guam. It is
noted that key information regarding the architecture and
associated material solutions for a Defense of Guam were not
submitted to the congressional defense committees despite
repeated inquires. Therefore, the budget request is reduced
by $5,900,000. The agreement provides an additional
$40,000,000 in RDTE,DW and $40,000,000 in P,DW only to
accelerate the development of such key enablers pending
selection of a specific material solution for the Defense of
Guam. None of these additional funds may be obligated or
expended until 30 days after the Deputy Secretary of Defense,
or her designee, briefs the congressional defense committees
on a proposed spend plan and architecture for Defense of
Guam.
HOMELAND DEFENSE RADAR--HAWAII
While a discrimination radar on Hawaii continues to be an
important part of the architecture for U.S. homeland defense,
the President's budget request for fiscal year 2022 did not
include funding for the radar, and the Department of Defense
has not recommended to the congressional defense committees
an adequate or acceptable solution for the defense of Hawaii.
Therefore, the agreement provides $75,000,000 for the
Homeland Defense Radar--Hawaii (HDR-H) program for fiscal
year 2022 and directs the Director of the Missile Defense
Agency, in consultation with the Commander of U.S. Indo-
Pacific Command and the Director of Cost Assessment and
Program Evaluation, to provide to the congressional defense
committees, with submission of the fiscal year 2023
President's budget request, an updated briefing on current
and evolving threats, the capability HDR-H provides against
these threats, and other realistic solutions to defend Hawaii
from current and evolving ballistic missile threats.
ARMY GUARD MULTI DOMAIN OPERATIONS
The Army has not validated any of their division formations
as Multi-Domain Operation (MDO) capable, including the eight
Army National Guard (ARNG) divisions. The Secretary of the
Army is directed to provide a report to the House and Senate
Appropriations Committees not later than 30 days after the
enactment of this Act and every six months thereafter on
which MDO capabilities, either enduring or future, can be
incorporated into the ARNG, what further equipment
divestitures the Army might require of
[[Page H1869]]
the ARNG, and the timeframe for the backfill of those
divestitures with deployable assets.
ANOMALOUS HEALTH INCIDENTS/HAVANA SYNDROME
The agreement directs the Secretary of Defense, in
coordination with appropriate stakeholders across the
interagency, to ensure that all intelligence and health
information related to anomalous health incidents is shared
and appropriately disseminated within proper channels in a
timely manner, and to provide a briefing to the congressional
defense and intelligence committees on a quarterly basis on
the status of the executive branch's activities related to
treating anomalous health incidents, including medical
treatment, investigation of their origins, and any new
incidents reported across any agency. The report directed
under this heading in House Report 117-88 is still required
to be provided not later than 30 days after the enactment of
this Act.
INCENTIVE FEES AND CONTRACTOR PERFORMANCE
The agreement directs the Under Secretary of Defense for
Acquisition and Sustainment to deliver to the congressional
defense committees, not later than 180 days after enactment
of this Act, a report on the Department's payment of fees and
bonuses to contractors with documented performance issues.
The report shall cover the previous two fiscal years for each
military Service and defense agency including at a minimum:
an analysis of the number of contracts that have paid awards
or bonuses to a contractor documented to be delivering
unsatisfactory performance; the amount of awards or bonuses
that have paid out under such circumstances; the total
percentage of such awards and bonuses paid out, as a portion
of total awards and bonuses over the same timeframe; an
analysis of the Department's policy governing payment of
awards and bonuses under such circumstances; and
recommendations for any changes to authorities or policy that
would eliminate payments under such circumstances to
implement any recommendations.
RED HILL BULK FUEL STORAGE FACILITY
The agreement includes $686,429,000 to continue supporting
displaced servicemembers, civilians and their families,
addressing drinking water contamination, and to conduct
activities in compliance with the State of Hawaii Department
of Health Order 21-UST-EA-02. It is noted that the Department
of Defense has failed to provide to the people of Hawaii and
the Congress actionable information regarding the courses of
action under consideration to ensure safe operation of the
Red Hill Bulk Fuel Storage Facility going forward, and
associated resource requirements.
The Secretary of Defense is directed to provide the
congressional defense committees no later than 90 days after
enactment of this Act a report detailing all options under
consideration by the Department of Defense both to mitigate
issues with fuel storage at the Red Hill Bulk Fuel Storage
Facility, as well as future plans for the site and Department
of Defense fuel storage requirements. The report shall, at a
minimum, include: the cost of remediating current harms to
people, the water supply, and the environment; the cost of
repairing the facility to ensure safe defueling; the costs
related to defueling the facility; costs of future plans
under consideration for the facility; as well as the timeline
for each such activity.
FEDERAL LAW ENFORCEMENT
The agreement notes that the explanatory statement
accompanying the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2022 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, and the protection of civil
rights, 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
submit a report to the Committees on Appropriations on their
efforts relating to such implementation no later than 180
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 submit a
report to the Committees on Appropriations, no later than 180
days after enactment of this Act, on their efforts to so
participate.
TITLE I--MILITARY PERSONNEL
The agreement provides $166,715,907,000 in Title I,
Military Personnel, in addition to $157,360,000 provided in
P.L. 117-86.
[[Page H1870]]
[GRAPHIC] [TIFF OMITTED] TH9033001.118
[[Page H1871]]
SUMMARY OF MILITARY PERSONNEL END STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2022
-------------------------------------------------------------------------------
Fiscal year Change from
2021 Budget Request Final Bill Change from fiscal year
authorized request 2021
----------------------------------------------------------------------------------------------------------------
Active Forces (End Strength):
Army.......................... 485,900 485,000 485,000 - - - -900
Navy.......................... 347,800 346,200 346,920 720 -880
Marine Corps.................. 181,200 178,500 178,500 - - - -2,700
Air Force..................... 333,475 328,300 329,220 920 -4,255
Space Force................... - - - 8,400 8,400 - - - 8,400
Total, Active Forces........ 1,348,375 1,346,400 1,348,040 1,640 -335
-------------------------------------------------------------------------------
Guard and Reserve Forces (End
Strength):
Army Reserve.................. 189,800 189,500 189,500 - - - -300
Navy Reserve.................. 58,800 58,600 58,600 - - - -200
Marine Corps Reserve.......... 38,500 36,800 36,800 - - - -1,700
Air Force Reserve............. 70,300 70,300 70,300 - - - - - -
Army National Guard........... 336,500 336,000 336,000 - - - -500
Air National Guard............ 108,100 108,300 108,300 - - - 200
Total, Selected Reserve..... 802,000 799,500 799,500 - - - -2,500
-------------------------------------------------------------------------------
Total, Military Personnel... 2,150,375 2,145,900 2,147,540 1,640 -2,835
----------------------------------------------------------------------------------------------------------------
SUMMARY OF GUARD AND RESERVE FULL-TIME STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2022
-------------------------------------------------------------------------------
Fiscal year Change from
2021 Budget Request Final Bill Change from fiscal year
authorized request 2021
----------------------------------------------------------------------------------------------------------------
Active Guard and Reserve:
Army Reserve.................. 16,511 16,511 16,511 - - - - - -
Navy Reserve.................. 10,155 10,293 10,293 - - - 138
Marine Corps Reserve.......... 2,386 2,386 2,386 - - - - - -
Air Force Reserve............. 4,431 6,003 6,003 - - - 1,572
Army National Guard........... 30,595 30,845 30,845 - - - 250
Air National Guard............ 22,637 26,661 25,333 -1,328 2,696
-------------------------------------------------------------------------------
Total, Full-Time Support.... 86,715 92,699 91,371 -1,328 4,656
----------------------------------------------------------------------------------------------------------------
MILITARY PERSONNEL OVERVIEW
The agreement provides the resources required for 1,348,040
active forces and 799,500 selected reserve forces in order to
meet operational needs for fiscal year 2022. The agreement
also provides the funding necessary to support a 2.7 percent
pay raise for all military personnel, effective January 1,
2022.
REPROGRAMMING GUIDANCE FOR MILITARY PERSONNEL ACCOUNTS
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2022
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 joint 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 joint 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.
STRENGTH REPORTING
The Service Secretaries are directed to provide monthly
strength reports for all components to the House and Senate
Appropriations Committees beginning not later than 30 days
after enactment of this Act. The first report shall provide
actual baseline end strength for officer, enlisted and cadet
personnel, and the total component. The second report shall
provide the monthly end of year projection for average
strength for officer, enlisted, and cadet personnel using the
formula in the Department of Defense Financial Management
Regulation Volume 2A, Chapter Two. For the active components,
this report shall break out average strength data by base and
direct war and enduring costs; and differentiate between the
active and reserve components.
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.
FOOD INSECURITY
The Secretary of Defense is directed to provide two reports
relating to food insecurity. The first report shall detail
the prevalence of servicemembers and families who report
experiencing food insecurity. The report shall include the
use of food assistance programs to include Federal nutrition
programs like the Supplemental Nutrition Assistance Program,
free and reduced lunches for dependents, as well as local
food banks; the barriers that exist for low-income
servicemembers in qualifying for Federal nutrition programs;
the conditions causing food insecurity among servicemembers;
the impact of food insecurity on military readiness and
military retention; and Department of Defense programs in
place to address food insecurity. Concurrently in a second
report, the Secretary of Defense shall analyze the potential
for a future large-scale crisis, such as a pandemic, to
exacerbate food insecurity among servicemembers and military
families. The report shall detail the actions the Secretary
of Defense can undertake in such a crisis to mitigate those
impacts by surging additional assistance through entities of
the Department of Defense, including the commissary system.
The Secretary of Defense is directed to provide these reports
to the House and Senate Appropriations Committees not later
than 180 days after enactment of this Act.
EXTREMISM IN THE MILITARY
In lieu of House language on extremism in the military, the
agreement directs the Secretary of Defense to, 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. 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 $47,814,079,000 for Military
Personnel, Army, as follows:
[[Page H1872]]
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[[Page H1873]]
[GRAPHIC] [TIFF OMITTED] TH9033001.120
[[Page H1874]]
[GRAPHIC] [TIFF OMITTED] TH9033001.121
[[Page H1875]]
MILITARY PERSONNEL, NAVY
The agreement provides $35,504,251,000 for Military
Personnel, Navy, as follows:
[[Page H1876]]
[GRAPHIC] [TIFF OMITTED] TH9033001.122
[[Page H1877]]
[GRAPHIC] [TIFF OMITTED] TH9033001.123
[[Page H1878]]
[GRAPHIC] [TIFF OMITTED] TH9033001.124
[[Page H1879]]
MILITARY PERSONNEL, MARINE CORPS
The agreement provides $14,572,400,000 for Military
Personnel, Marine Corps, as follows:
[[Page H1880]]
[GRAPHIC] [TIFF OMITTED] TH9033001.125
[[Page H1881]]
[GRAPHIC] [TIFF OMITTED] TH9033001.126
[[Page H1882]]
[GRAPHIC] [TIFF OMITTED] TH9033001.127
[[Page H1883]]
MILITARY PERSONNEL, AIR FORCE
The agreement provides $35,078,206,000 for Military
Personnel, Air Force, as follows:
[[Page H1884]]
[GRAPHIC] [TIFF OMITTED] TH9033001.128
[[Page H1885]]
[GRAPHIC] [TIFF OMITTED] TH9033001.129
[[Page H1886]]
[GRAPHIC] [TIFF OMITTED] TH9033001.130
[[Page H1887]]
RESERVE PERSONNEL, ARMY
The agreement provides $5,156,976,000 for Reserve
Personnel, Army, as follows:
[[Page H1888]]
[GRAPHIC] [TIFF OMITTED] TH9033001.131
[[Page H1889]]
[GRAPHIC] [TIFF OMITTED] TH9033001.132
[[Page H1890]]
RESERVE PERSONNEL, NAVY
The agreement provides $2,297,029,000 for Reserve
Personnel, Navy, as follows:
[[Page H1891]]
[GRAPHIC] [TIFF OMITTED] TH9033001.133
[[Page H1892]]
[GRAPHIC] [TIFF OMITTED] TH9033001.134
[[Page H1893]]
RESERVE PERSONNEL, MARINE CORPS
The agreement provides $802,619,000 for Reserve Personnel,
Marine Corps, as follows:
[[Page H1894]]
[GRAPHIC] [TIFF OMITTED] TH9033001.135
[[Page H1895]]
[GRAPHIC] [TIFF OMITTED] TH9033001.136
[[Page H1896]]
RESERVE PERSONNEL, AIR FORCE
The agreement provides $2,371,001,000 for Reserve
Personnel, Air Force, as follows:
[[Page H1897]]
[GRAPHIC] [TIFF OMITTED] TH9033001.137
[[Page H1898]]
[GRAPHIC] [TIFF OMITTED] TH9033001.138
[[Page H1899]]
NATIONAL GUARD PERSONNEL, ARMY
The agreement provides $9,017,728,000 for National Guard
Personnel, Army, as follows:
[[Page H1900]]
[GRAPHIC] [TIFF OMITTED] TH9033001.139
[[Page H1901]]
[GRAPHIC] [TIFF OMITTED] TH9033001.140
[[Page H1902]]
NATIONAL GUARD PERSONNEL, AIR FORCE
The agreement provides $4,764,443,000 for National Guard
Personnel, Air Force, as follows:
[[Page H1903]]
[GRAPHIC] [TIFF OMITTED] TH9033001.141
[[Page H1904]]
[GRAPHIC] [TIFF OMITTED] TH9033001.142
[[Page H1905]]
TITLE II--OPERATION AND MAINTENANCE
The agreement provides $256,096,100,000 in Title II,
Operation and Maintenance, in addition to $192,640,000
provided in P.L. 117-86.
[[Page H1906]]
[GRAPHIC] [TIFF OMITTED] TH9033001.143
[[Page H1907]]
REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE ACCOUNTS
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2022
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
Flight training
Navy:
Mission and other flight operations
Fleet air training
Aircraft depot maintenance
Mission and other ship operations
Ship depot maintenance
Combat Support Forces
Facilities sustainment, restoration, and modernization
Base Operating Support
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
Space Force:
Contractor logistics support and system support
Administration
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:
Air Force:
Base support
Operation and Maintenance, Army National Guard:
Base operations support
Facilities sustainment, restoration, and modernization
Operation and Maintenance, Air National Guard:
Aircraft operations
Contractor logistics support and systems support
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.
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 2022 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. 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.
ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY
CONFLICT
The fiscal year 2022 budget request includes an additional
$9,420,000 and 15 civilian full-time equivalents (FTE) for
the Secretariat of Special Operations within the Office of
the Assistant Secretary of Defense for Special Operations and
Low-Intensity Conflict. The agreement transfers five FTE from
the Secretariat for Special Operations to the Office of
Information Operations Policy.
INFORMATION OPERATIONS
The agreement includes $4,000,000 for U.S. Special
Operations Command (USSOCOM) Information Operations and
directs the Commander of USSOCOM to submit a detailed spend
plan to the House and Senate Appropriations Committees not
later than 30 days prior to the obligation of the funds.
MILITARY TUITION ASSISTANCE PROGRAM
The agreement recognizes that servicemembers can use the
Military Tuition Assistance Programs (MilTA) to enroll in
civilian education programs and commends the Marine Corps and
the Air Force for augmenting these programs in their fiscal
year 2022 budget requests. However, there is concern that the
current academic and career advising programs do not provide
structured guidance that aligns military and civilian
workforce requirements with MilTA education programs and
courses. The agreement directs the Under Secretary of Defense
for Personnel and Readiness and the Service Secretaries to
submit a report to the congressional defense committees not
later than 120 days after the enactment of this Act with
recommendations to augment the Services' academic and career
advising programs to provide servicemembers with structured
guidance for MilTA education programs and courses, as if they
were to attend a military education program. The
recommendations should also include guidance for
servicemembers who wish to transition to a hard-to-fill
career in their respective Service. The report should also
create an annual survey to align academic and career
counseling and structured guidance with servicemembers'
career goals in the military or civilian workforce.
MINIMUM WAGE
The agreement does not include language referenced in House
Report 117-88 requiring the Secretary of Defense to provide
details of minimum wage costs for non-appropriated funded
employees due to the implementation of Executive Order 14003
by the Office of Personnel Management on January 21, 2022.
DRINKING WATER CONTAMINATION
The agreement provides an additional $236,480,000 for the
Department of Defense and military Services to remediate
contaminated drinking water caused by per- and
polyfluoroalkyl substances. The Service Secretaries are
directed to provide a spend plan to the House and Senate
Appropriations Committees for these additional funds not
later than 60 days after enactment of this Act.
ADDRESSING SEXUAL ASSAULT
The agreement provides an additional $96,980,000 for the
Department of Defense to implement the Independent Review
Commission on Sexual Assault in the Military's
recommendations. The Secretary of Defense is directed to
provide a spend plan for the additional funds to the House
and Senate Appropriations Committees not later than 60 days
after the enactment of this Act.
SUPPORT FOR INTERNATIONAL NATURAL RESOURCES MANAGEMENT AND SECURITY
The agreement includes an additional $35,000,000 for the
combatant commands to partner with the United States Forest
Service in support of international programs that support
national security priorities related to the destabilizing
effects of extreme weather conditions.
DOMESTIC SUPPLY CHAIN RESILIENCY MATRIX
The agreement recognizes that a diverse and distributed
network of domestic production and service capabilities can
improve the performance of warfighting assets and U.S.
competitiveness while reducing commercial reliance on other
nations. A critical component in achieving this objective is
to have current and relevant information on existing
companies and capabilities within the U.S. at the local,
state and national level through the development of a
national domestic supply chain matrix. The agreement provides
an additional $5,000,000 and directs the Office of the Under
Secretary of Defense for Acquisition and Sustainment to
partner with commercial entities in support of developing
such a domestic supply chain matrix. This matrix should
include identification of current supply base capabilities by
region,
[[Page H1908]]
state, and city, as focus on strengthening and diversifying
underserved areas of the supply chain including small and
minority led businesses.
OPERATION AND MAINTENANCE, ARMY
The agreement provides $55,016,103,000 for Operation and
Maintenance, Army, as follows:
[[Page H1909]]
[GRAPHIC] [TIFF OMITTED] TH9033001.144
[[Page H1910]]
[GRAPHIC] [TIFF OMITTED] TH9033001.145
[[Page H1911]]
[GRAPHIC] [TIFF OMITTED] TH9033001.146
[[Page H1912]]
[GRAPHIC] [TIFF OMITTED] TH9033001.147
[[Page H1913]]
[GRAPHIC] [TIFF OMITTED] TH9033001.148
[[Page H1914]]
[GRAPHIC] [TIFF OMITTED] TH9033001.149
[[Page H1915]]
OPERATION AND MAINTENANCE, NAVY
The agreement provides $62,480,035,000 for Operation and
Maintenance, Navy, as follows:
[[Page H1916]]
[GRAPHIC] [TIFF OMITTED] TH9033001.150
[[Page H1917]]
[GRAPHIC] [TIFF OMITTED] TH9033001.151
[[Page H1918]]
[GRAPHIC] [TIFF OMITTED] TH9033001.152
[[Page H1919]]
[GRAPHIC] [TIFF OMITTED] TH9033001.153
[[Page H1920]]
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[[Page H1921]]
[GRAPHIC] [TIFF OMITTED] TH9033001.155
[[Page H1922]]
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 class of
apprentices in the fiscal year 2023 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.
BARBERS POINT ELECTRICAL INFRASTRUCTURE
The agreement directs the Secretary of the Navy to provide
a briefing to the congressional defense committees, not later
than June 1, 2022, on any upgrades to the electrical utility
system on Barbers Point that would be necessary to facilitate
its divestiture and transfer from the Navy to the local
utility provider on Oahu, Hawaii. The briefing shall identify
the funding requirements by appropriation for the design
costs and electrical utility infrastructure upgrades, as well
as customer connections to the new lines. The Secretary shall
also provide any statutory authority required to support this
project.
RQ-21A
The agreement directs the Secretary of the Navy to report
to the congressional defense committees not later than 120
days after enactment of this Act to provide a report on the
status of the RQ-21A fleet and its possible replacement. The
report shall include the analysis of intelligence,
surveillance, and reconnaissance requirements within the new
roles, missions, and concepts of operations for the Marine
Corps described in the Commandant's Planning Guidance and
Force Design 2030 that was used to inform the decision; the
requirements changes that necessitate the divestiture; and
the timeline for divesture of the RQ-21A fleet. The report
shall also include an update on the costs of alternative
platforms to replace the RQ-21A and associated cost to
upgrade the current fleet to meet the requirements.
OVENS
There are concerns that the Navy is not prioritizing
certain quality of life issues in its carrier fleet,
specifically the degradation of ovens on the USS George H. W.
Bush. The agreement directs the Secretary of the Navy to
expedite the repair or replacement of these ovens and to
conduct a review of the material condition of all surface
ship galleys. This report, which should be submitted to the
congressional defense committees not later than 90 days after
enactment of this Act, should identify the costs for
repairing all galley equipment of concern, if funds are
included in the fiscal year 2022 or fiscal year 2023 ship
maintenance budget and what, if any, potential barriers there
may exist to their repair.
OPERATION AND MAINTENANCE, MARINE CORPS
The agreement provides $9,185,430,000 for Operation and
Maintenance, Marine Corps, as follows:
[[Page H1923]]
[GRAPHIC] [TIFF OMITTED] TH9033001.156
[[Page H1924]]
[GRAPHIC] [TIFF OMITTED] TH9033001.157
[[Page H1925]]
[GRAPHIC] [TIFF OMITTED] TH9033001.158
[[Page H1926]]
OPERATION AND MAINTENANCE, AIR FORCE
The agreement provides $55,103,948,000 for Operation and
Maintenance, Air Force, as follows:
[[Page H1927]]
[GRAPHIC] [TIFF OMITTED] TH9033001.159
[[Page H1928]]
[GRAPHIC] [TIFF OMITTED] TH9033001.160
[[Page H1929]]
[GRAPHIC] [TIFF OMITTED] TH9033001.161
[[Page H1930]]
[GRAPHIC] [TIFF OMITTED] TH9033001.162
[[Page H1931]]
[GRAPHIC] [TIFF OMITTED] TH9033001.163
[[Page H1932]]
[GRAPHIC] [TIFF OMITTED] TH9033001.164
[[Page H1933]]
operational support airlift
The agreement directs the Secretary of the Air Force to
conduct a review prior to making any final divestment
decision on the C-40 program, and submit a report to the
congressional defense committees not later than 90 days after
the enactment of this Act that includes the number of C-40
missions flown over the past five fiscal years, to include
detailed information on the purpose of each such mission; the
types of missions and passengers; and where each mission
originated and terminated. The report shall also include an
assessment of the demand for C-40 missions over the next five
fiscal years, how a reduction in the number of available
aircraft will impact the missions, and the alternative modes
of transportation the Air Force is considering to fulfill
these types of requirements.
pilot shortage
Despite support from Congress, the Air Force continues to
fail to meet its annual pilot training goals. The fiscal year
2022 budget request does not provide adequate resources to
meet proposed goals for pilot production, and there is
continued concern that the Air Force will not meet its stated
goals. In addition, the Service-identified barriers to pilot
production, such as the ability to hire simulator
instructors, have not been addressed by Air Force senior
leaders. Therefore, the agreement directs the Secretary of
the Air Force, or his designee, to brief the House and Senate
Appropriations Committees not less than 45 days after
enactment of this Act, on plans to align its future year
budgets to resolve the pilot shortfall within the next five
fiscal years. Further, the agreement directs the Commander of
Air Education and Training Command to provide quarterly
updates to the House and Senate Appropriations Committees
beginning not later than 45 days after the enactment of this
Act.
report on divestment
The Secretary of the Air Force is directed to provide a
report to the congressional defense committees, not later
than 30 days after submission of the President's budget for
fiscal year 2023, on any proposed divestments of the A-10
aircraft during the future years defense plan. The report
shall describe any proposed divestments by fiscal year and
location, anticipated mission and personnel impacts, proposed
mitigations of mission, personnel, or force structure
impacts, and the budget implications of such plan.
OPERATION AND MAINTENANCE, SPACE FORCE
The agreement provides $3,435,212,000 for Operation and
Maintenance, Space Force, as follows:
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[[Page H1936]]
OPERATION AND MAINTENANCE, DEFENSE WIDE
The agreement provides $45,864,202,000 for Operation and
Maintenance, Defense-Wide, as follows:
[[Page H1937]]
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[[Page H1944]]
PRIVATE SECTOR EMPLOYMENT VERIFICATION
While the Department of Defense utilizes existing systems
to provide verifications of the employment status and income
of civilian and military personnel and retirees, concerns
remain about their efficiency and responsiveness. There are
private sector solutions that are currently used by many
other government agencies that provide more timely
verifications, which are vital to economic activities of
employees and servicemembers. Therefore, the agreement
directs the Directors of the Defense Manpower Data Center and
the Defense Civilian Personnel Advisory Service to utilize
private sector technology solutions to provide verifications
of the employment status and income of civilian and military
personnel and retirees as permitted under the Fair Credit
Reporting Act.
ENHANCING THE CAPABILITY OF MILITARY CRIMINAL INVESTIGATIVE
ORGANIZATIONS TO PREVENT AND COMBAT CHILD SEXUAL EXPLOITATION
The Secretary of Defense is directed to provide a report to
the House and Senate Appropriations Committees, not later
than 30 days after the enactment of this Act, regarding the
initiative established under Section 550D of the National
Defense Authorization Act for fiscal year 2020 (Public Law
116-92). The report 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).
DEFENSE LANGUAGE AND NATIONAL SECURITY EDUCATION OFFICE
The agreement designates the funding included in the fiscal
year 2022 President's budget request for the Language
Training Centers as a congressional special interest item and
directs that the funding profiles for the Language Training
Centers and the Language Flagship Program 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.
DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM
The agreement directs the Director of the Office of Local
Defense Community Cooperation to provide a report to the
House and Senate Appropriations Committees that details the
Department of Defense's priorities for allocating the limited
resources within the Defense Community Infrastructure Program
prior to the award of fiscal year 2022 grant awards and with
submission of the fiscal year 2023 President's budget
request. Further, the Director of the Office of Local Defense
Community Cooperation is directed to brief the House and
Senate Appropriations Committees on the report and the
Department's methodology for prioritization not later than 30
days after the release of the report.
LEGACY RESOURCE MANAGEMENT
The agreement does not include the additional funds
allocated for the Readiness and Environmental Protection
Initiative program identified in the House Report 117-88.
The agreement includes an additional $5,000,000 for the
Department of Defense Legacy Resource Management Program to
continue the work begun in project 17-836 to continue to
identify habitat conservation opportunities that will benefit
both the species and military readiness by avoiding or
reducing regulatory constraints on military testing and
training.
NOISE MITIGATION
The agreement includes a new provision under the noise
mitigation program, which divides the amount of funds for the
mitigation program between active and reserve components.
This is to ensure that reserve components will be guaranteed
a portion of the funds each year to address their
communities' needs.
QUARTERLY REPORTS ON GUANTANAMO BAY DETENTION FACILITY
In lieu of House language on the Guantanamo Bay Detention
Facility, the agreement directs the Secretary of Defense to
submit a report to the House and Senate Appropriations
Committees not later than 60 days after the enactment of this
Act, and quarterly thereafter, on the current number of
detainees at the Guantanamo Bay detention facility; their
legal status; a description of all Department of Defense
costs associated with the facility during the last two fiscal
years by program, account, and activity; and the status of
funds for the current fiscal year.
DEFENSE SECURITY COOPERATION AGENCY SPEND PLAN
The Secretary of Defense shall, not later than 30 days
after the enactment of this Act, submit to the House and
Senate Appropriations Committees a detailed spend plan for
amounts made available for the Defense Security Cooperation
Agency. The Secretary of Defense shall also notify such
Committees in writing not less than 15 days prior to
obligating funds in a manner that would deviate from the
plan. The plan shall include amounts planned for each program
listed in the budget justification documents and, for
International Security Cooperation Programs, amounts provided
in the prior two fiscal years and planned for fiscal year
2022 by combatant command, country, and authority. Amounts in
the plan shall only reflect amounts requested in the fiscal
year 2022 budget justification materials as modified by this
Act. A similar document with requested amounts shall be
provided to the House and Senate Appropriations Committees
concurrent with the fiscal year 2023 budget submission.
DEFENSE SECURITY COOPERATION AGENCY QUARTERLY REPORTS
The agreement requires the Secretary of Defense to provide
quarterly reports to the House and Senate Appropriations
Committees on the use and status of funds. Such reports shall
be submitted not later than 30 days after the last day of
each quarter of the fiscal year and detail commitment,
obligation, and expenditure data by sub-activity group for
Operation and Maintenance, Defense-Wide, Defense Security
Cooperation Agency.
INTEGRATED SECURITY COOPERATION STRATEGIES
The agreement supports increased measures to ensure that
security cooperation programs supported by this Act are
strategic, address clearly defined goals and objectives, and
are integrated with other programs. Accordingly, not later
than 90 days after the enactment of this Act, the Secretary
of Defense, in coordination with the Secretary of State,
shall submit to the congressional defense committees an
integrated security cooperation strategy for Colombia,
Jordan, Mexico, the Philippines, Tunisia, and Ukraine. Each
strategy shall include an overview of the security
relationship between the United States and the country; a
description of the goals, objectives, and milestones of
security cooperation programs and initiatives supported by
the Department of Defense and the Department of State; a
description of how programs complement rather than duplicate
one another; funding by account and program for fiscal year
2022 and the prior two fiscal years; and a description of
host country capabilities and financial contributions towards
shared security goals. The Secretary of Defense shall consult
with the Committees on Appropriations of the House of
Representatives and the Senate not later than 30 days after
the enactment of this Act.
EL MOZOTE MASSACRE
The Secretary of Defense, in coordination with the
Secretary of State, shall provide all remaining information
and documents to the appropriate judicial authorities in El
Salvador, investigating the December 1981 massacre in El
Mozote. Not later than 30 days after the enactment of this
Act, the Secretary of Defense shall submit a final report to
the House and Senate Appropriations Committees describing the
information and documents provided to date and the judicial
authorities that received them.
DEFENSE SECURITY COOPERATION AGENCY
The agreement does not include the directive under this
heading in House Report 117-88 regarding Army security force
assistance brigade deployments.
COALITION SUPPORT FUNDS
The agreement provides $50,000,000 for Coalition Support
Funds to reimburse key cooperating nations for their support
of United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and
Syria. The agreement supports the Department of Defense in
making any final payments to coalition nations who supported
operations in Afghanistan and directs the Secretary of
Defense to complete these payments by the end of fiscal year
2023.
CIVILIAN HARM MITIGATION AND RESPONSE
The agreement supports Department of Defense reforms to
avoid, mitigate, and respond to civilian harm. The agreement
also supports the January 27, 2022, Memorandum from the
Secretary of Defense directing a Civilian Harm Mitigation and
Response Action Plan. The Secretary of Defense is directed to
provide a briefing to the congressional defense committees
not later than 15 days following the release of the plan
outlining the details and any additional authorities and
funding necessary to implement the plan, including costs
planned for fiscal year 2022 and requested for fiscal year
2023, by program, account, and activity. The agreement
provides sufficient funds under Operation and Maintenance,
Defense-Wide 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),
including for families of the victims of the August 29, 2021,
air strike in Kabul, Afghanistan.
CLIMATE CHANGE REPORT AND ADAPTATION ROADMAP, GREENHOUSE GAS EMISSIONS
REPORT, AND FOSSIL FUELS
In lieu of related items directed in House Report 117-88,
the agreement directs the Secretary of Defense to provide a
briefing to the congressional defense committees on the
outcome of the assessments directed by section 335 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) and the plans that are developed
therefrom within 90 days of their completion. Furthermore,
the agreement directs the Secretary of Defense to provide to
the House and Senate Appropriations Committees the briefing
directed by section 323 of
[[Page H1945]]
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81).
AFGHANISTAN SECURITY FORCES FUND
The agreement does not include an appropriation for
Afghanistan Security Forces Fund.
The Secretary of Defense shall brief the House and Senate
Appropriations Committees not later than 30 days after the
enactment of this Act on plans to establish over-the-horizon
platforms, including the number of United States personnel
necessary to carry out these missions; basing agreements and
arrangements with host countries; a description of the
authorities used to conduct these operations; and costs
during fiscal year 2021 and planned for fiscal year 2022, by
program, account, and activity. This language replaces the
directives under this heading in House Report 117-88.
COUNTER-ISIS TRAIN AND EQUIP FUND
The agreement provides $500,000,000 for Counter-ISIS Train
and Equip Fund, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final bill
------------------------------------------------------------------------
Iraq Train and Equip.......................... 345,000 345,000
Syria Train and Equip......................... 177,000 155,000
Program decrease............................ ........... -22,000
-------------------------
Total, Counter-ISIS Train and Equip Fund.. 522,000 500,000
------------------------------------------------------------------------
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 (SDF) to participate in activities to
counter the Islamic State of Iraq and Syria (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.
The agreement directs that congressional notifications for
funds provided under this heading include a description of
the amount, type, and purpose of assistance to be funded, and
the recipient of the assistance; the budget and
implementation timeline, with anticipated delivery schedule
for assistance; and a description of any material misuse of
assistance since the last notification was submitted, along
with a description of any remedies taken.
The agreement also directs the Secretary of Defense to
consult with the House and Senate Appropriations Committees
prior to submitting any notification that includes detention
facility fortification or construction and prohibits the use
of funds under this heading for any other construction
activity. The liberation of ISIS controlled territory has
left the SDF holding thousands of hardened foreign fighters
and their families under challenging conditions. Accordingly,
the agreement directs the Secretary of Defense to continue to
engage with the SDF on these matters, including to ensure
that detainees are afforded all protections due under the
Geneva Conventions.
OPERATION AND MAINTENANCE, ARMY RESERVE
The agreement provides $3,032,255,000 for Operation and
Maintenance, Army Reserve, as follows:
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[[Page H1948]]
OPERATION AND MAINTENANCE, NAVY RESERVE
The agreement provides $1,173,598,000 for Operation and
Maintenance, Navy Reserve, as follows:
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[[Page H1950]]
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OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
The agreement provides $294,860,000 for Operation and
Maintenance, Marine Corps Reserve, as follows:
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[[Page H1953]]
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[[Page H1954]]
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
The agreement provides $3,417,706,000 for Operation and
Maintenance, Air Force Reserve, as follows:
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[[Page H1956]]
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OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
The agreement provides $7,714,473,000 for Operation and
Maintenance, Army National Guard, as follows:
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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
The agreement provides $6,786,420,000 for Operation and
Maintenance, Air National Guard, as follows:
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[[Page H1964]]
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
The agreement provides $15,589,000 for the United States
Court of Appeals for the Armed Forces.
ENVIRONMENTAL RESTORATION, ARMY
The agreement provides $299,008,000, an increase of
$98,202,000 above the budget request, for Environmental
Restoration, Army. Specifically, $50,202,000 is provided as a
general program increase and $48,000,000 is provided for the
Army and Army National Guard to address costs associated with
remediating contamination caused by per- and polyfluoroalkyl
substances.
ENVIRONMENTAL RESTORATION, NAVY
The agreement provides $390,113,000, an increase of
$91,863,000 above the budget request, for Environmental
Restoration, Navy. Specifically, $74,563,000 is provided as a
general program increase and $17,300,000 is provided to
address costs associated with remediating contamination
caused by per- and polyfluoroalkyl substances.
ENVIRONMENTAL RESTORATION, AIR FORCE
The agreement provides $522,010,000, an increase of
$220,242,000 above the budget request, for Environmental
Restoration, Air Force. Specifically, $75,442,000 is provided
as a general program increase and $144,800,000 is provided
for the Air Force and Air National Guard to address costs
associated with remediating contamination caused by per- and
polyfluoroalkyl substances.
ENVIRONMENTAL RESTORATION, DEFENSE WIDE
The agreement provides $10,979,000, an increase of
$2,196,000 above the budget request, for Environmental
Restoration, Defense-Wide.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
The agreement provides $292,580,000, an increase of
$74,000,000 above the budget request, for Environmental
Restoration, Formerly Used Defense Sites.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
The agreement provides $160,051,000 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 30,000
Program increase...................... .............. 10,000
HUMANITARIAN ASSISTANCE: 75,051 107,551
Program increase...................... .............. 32,500
HUMANITARIAN MINE ACTION PROGRAM: 15,000 22,500
Program increase...................... .............. 7,500
-------------------------------
Total, Overseas Humanitarian, 110,051 160,051
Disaster, and Civic Aid............
------------------------------------------------------------------------
COOPERATIVE THREAT REDUCTION ACCOUNT
The agreement provides $344,849,000 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.... 2,997 2,997
Chemical Weapons Destruction............ 13,250 13,250
Global Nuclear Security................. 17,767 17,767
Biological Threat Reduction Program..... 124,022 229,022
Program increase--Biological Threat .............. 105,000
Reduction Program....................
Proliferation Prevention Program........ 58,754 58,754
Other Assessments/Admin Costs........... 23,059 23,059
-------------------------------
Total, Cooperative Threat Reduction 239,849 344,849
Account............................
------------------------------------------------------------------------
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT
The agreement provides $56,679,000 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................ .............. 51,840
Retention and Recognition............... .............. 1,395
Recruiting and Hiring................... .............. 3,444
Program increase--diversity STEM .............. 2,000
talent development...................
Total, Department of Defense 54,679 56,679
Acquisition Workforce Development
Account............................
------------------------------------------------------------------------
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE REPORTING REQUIREMENTS
The Under Secretary of Defense for Acquisition and
Sustainment is directed to provide the Department of Defense
Acquisition Workforce Development Account annual report to
the congressional defense committees not later than 30 days
after submission of the fiscal year 2023 President's budget
request. Further, as in previous years, the Under Secretary
of Defense for Acquisition and Sustainment is directed to
provide the congressional defense committees, with the fiscal
year 2023 President's budget request, additional details
regarding total funding for the acquisition workforce by
funding category and specific appropriations accounts in the
future years defense program, to include an explanation of
changes from prior years' submissions.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT
REPROGRAMMING REQUIREMENTS
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 joint explanatory statement. The dollar
threshold for reprogramming DAWDA funds remains $10,000,000.
TITLE III--PROCUREMENT
The agreement provides $144,942,486,000 in Title III,
Procurement, as follows:
[[Page H1965]]
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[[Page H1966]]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
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. Additional guidance is provided in the overview of
this explanatory statement.
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 joint 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 joint explanatory statement.
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, for restoration of any lost capability to
meet future organic wartime manufacturing needs.
AGILE PROCUREMENT TRANSITION PILOT
The agreement appropriates $100,000,000 to establish the
Agile Procurement Transition Pilot under the management of
the Deputy Secretary of Defense in collaboration with the
Vice Chairman of the Joint Staff and the Service Acquisition
Officials, with the goal to aid the warfighter, to transition
technologies from pilot programs, prototype projects, and
research projects to scale to capability, software, or
service acquisitions. Awards made pursuant to this fund shall
be limited to between $10,000,000 to $50,000,000 per fiscal
year and for no more than three years. Participants in the
fund shall have a total present contract value of
$500,000,000 or less in cumulative revenue from the
Department of Defense to be eligible for funding. The
agreement also directs the Deputy Secretary of Defense to
submit a report to the congressional defense committees not
later than March 1 and September 1 of each fiscal year in
which the funding is appropriated to provide an overview on
the capabilities being tested and the proposed path to scale
innovative technologies, including successes and failures to
date.
AIRCRAFT PROCUREMENT, ARMY
The agreement provides $3,295,431,000 for Aircraft
Procurement, Army, as follows:
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MISSILE PROCUREMENT, ARMY
The agreement provides $3,460,064,000 for Missile
Procurement, Army, as follows:
[[Page H1971]]
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[[Page H1972]]
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[[Page H1973]]
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[[Page H1974]]
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
The agreement provides $4,319,082,000 for Procurement of
Weapons and Tracked Combat Vehicles, Army, as follows:
[[Page H1975]]
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[[Page H1976]]
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[[Page H1977]]
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[[Page H1978]]
PROCUREMENT OF AMMUNITION, ARMY
The agreement provides $2,276,667,000 for Procurement of
Ammunition, Army, as follows:
[[Page H1979]]
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[[Page H1980]]
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[[Page H1983]]
CONVENTIONAL AMMUNITION DEMILITARIZATION MISSION AWARD DELAYS
The agreement directs the Secretary of the Army to provide
a report to the congressional defense committees, not later
than 90 days after the enactment of this Act, that will
address the Army allocation of the conventional
demilitarization budget across the industrial base; the
strategy for government-owned, government-operated;
government-owned, contractor-operated; and contractor-owned,
contractor-operated allocations that focus on efficiency and
environmental compliance; any recent cost-benefit analyses
and cost trends; the percentage of open burn/open detonation
across all industrial base locations and efforts to minimize
the activity; and whether Environmental Protection Agency
compliance for clean air standards is an allocation factor
for demilitarization requirements.
ALIGNING THE MUNITIONS REQUIREMENTS PROCESS WITH ACQUISITION
The agreement directs the Secretary of the Army to study
the sequencing of the Munitions Requirement Process in
relation to the development of its annual budget request and
to submit a report to the congressional defense committees on
its findings and recommendations not later than 90 days after
the enactment of this Act.
OTHER PROCUREMENT, ARMY
The agreement provides $9,453,524,000 for Other
Procurement, Army, as follows:
[[Page H1984]]
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[[Page H1985]]
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[[Page H1990]]
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[[Page H1991]]
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[[Page H1992]]
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[[Page H1993]]
AIRCRAFT PROCUREMENT, NAVY
The agreement provides $17,799,321,000 for Aircraft
Procurement, Navy, as follows:
[[Page H1994]]
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[[Page H1995]]
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[[Page H1996]]
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[[Page H1997]]
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[[Page H1998]]
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[[Page H1999]]
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[[Page H2000]]
NAVY ADVERSARY AIRCRAFT FOR TRAINING PURPOSES
The agreement directs the Secretary of the Navy to submit a
report to the congressional defense committees not later than
90 days after the enactment of this Act which provides a
description of the current air aggressor fleet, an
identification of any risk incurred by the continued use of
legacy aircraft, and a plan to complete the transition of all
Navy Reserve aggressor squadrons to a more capable aircraft
fleet over a ten-year period.
NAVY RESERVE AVIATION MODERNIZATION
The agreement directs the Secretary of the Navy to provide
a plan to modernize Navy Reserve aviation squadrons with F/A-
18E/F or other modern aircraft, such as F-35Cs, and to brief
the plan, to include the anticipated costs to implement the
plan, along with impacts on personnel and manning levels at
each squadron, to the congressional defense committees not
later than 90 days after the enactment of this Act.
WEAPONS PROCUREMENT, NAVY
The agreement provides $3,982,657,000 for Weapons
Procurement, Navy, as follows:
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PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
The agreement provides $845,289,000 for Procurement of
Ammunition, Navy and Marine Corps, as follows:
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ALIGNING THE NAVAL MUNITIONS REQUIREMENTS PROCESS WITH ACQUISITION
The agreement directs the Secretary of the Navy to study
the sequencing of the Naval Munitions Requirement Process in
relation to the development of its annual budget request and
to submit a report to the congressional defense committees on
its findings and recommendations not later than 90 days after
the enactment of this Act.
SHIPBUILDING AND CONVERSION, NAVY
The agreement provides $26,664,526,000 for Shipbuilding and
Conversion, Navy, as follows:
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SUBMARINE INDUSTRIAL BASE INVESTMENTS
The agreement provides $35,000,000 for submarine industrial
base investments in order to support facilities
infrastructure at submarine production shipyards. Further, it
is understood that the Navy and the shipbuilders are
committed to jointly resourcing the capital investments
necessary to meet the Navy's goal of building two VIRGINIA
Class submarines per year during construction of COLUMBIA
Class submarines.
The Secretary of the Navy is directed to provide a report
to the congressional defense committees with the submission
of the fiscal year 2023 President's budget request, on the
execution plan, inclusive of outyear cost share arrangements,
for the facilities supported by this funding. Further, the
Secretary of the Navy is directed to provide to the
congressional defense committees details on additionally
planned Navy and shipyard investments for submarine
industrial base shipyards in the Future Years Defense Program
accompanying the fiscal year 2023 President's budget request.
CONSTELLATION CLASS FRIGATE
The agreement notes that the detail design and construction
contract for FFG-62 USS CONSTELLATION, the first ship of the
class, CONSTELLATION Class Frigate (CCF), was awarded in
April 2021. While the CCF is based on a proven hull design
and mature shipboard technologies, it remains a new class and
the Navy and the shipbuilding industrial base have had past
production challenges in managing costs, technical
concurrency, design changes and schedule of lead ships of a
class. There is concern that prematurely adding a second CCF
shipyard before the first shipyard has identified and
corrected technical and production issues will inject
unneeded risk and complexity into the program. Therefore,
prior to award of a contract for second CCF shipyard, the
agreement directs the Navy to prioritize the following
objectives: technology maturation and risk reduction for
critical shipboard components; major systems integration;
full ship technical data package creation; and successful
operationally realistic testing for the first ship. The
agreement further directs the Secretary of the Navy to submit
a report 90 days prior to awarding a contract for the second
CCF shipyard to the congressional defense committees
outlining the acquisition strategy for achieving the full
Frigate Program of Record and meeting these technology
maturation and risk reduction objectives.
COLUMBIA CLASS SUBMARINES
The agreement notes that the fiscal year 2022 President's
budget request includes $4,646,980,000 for the incrementally
funded procurement of the first COLUMBIA Class submarine
(CLB) and advance procurement (AP) of eleven additional hulls
of the COLUMBIA Class. Included in the fiscal year 2022
President's budget request for AP is $247,960,000 to
implement Integrated Enterprise Plan (IEP) initiatives that
were not identified in prior year budget submissions. The
fiscal year 2022 President's budget justification material
did not include the future year funding amounts required to
implement the IEP initiatives requested in fiscal year 2022.
The agreement further notes that the budget submission did
not provide sufficient details regarding the future year
funding requirements for the IEP initiatives requested in the
fiscal year 2022 budget submission and is concerned about a
similar lack of transparency for such initiatives requested
in future budget submissions. Therefore, the Assistant
Secretary of the Navy (Research, Development and Acquisition)
is directed to submit to the congressional defense committees
the Navy's fully funded IEP initiative strategy, by fiscal
year, with the submission of any future President's budget
request that includes funding for IEP initiatives.
OTHER PROCUREMENT, NAVY
The agreement provides $11,072,651,000 for Other
Procurement, Navy, as follows:
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PROCUREMENT, MARINE CORPS
The agreement provides $3,093,770,000 for Procurement,
Marine Corps, as follows:
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AIRCRAFT PROCUREMENT, AIR FORCE
The agreement provides $18,383,946,000 for Aircraft
Procurement, Air Force, as follows:
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C-130 DIMINISHING MANUFACTURING SOURCES
The agreement recognizes the importance of maintaining a
viable C-130 production line which requires significant
investments in diminishing manufacturing sources (DMS)
through fiscal year 2026. The agreement includes DMS
resources within current and prior year Aircraft Procurement,
Air Force appropriations to satisfy the Air Force's list of
unfunded C-130J DMS requirements. For fiscal year 2022, this
includes $68,000,000 within the congressional increase for
Air National Guard aircraft, $26,310,000 through a
congressional increase specifically for DMS, and $113,300,000
included in the President's budget request. Additionally,
fiscal year 2021 resources available to fund DMS requirements
include $26,700,000 from previous congressional increases for
aircraft, $29,600,000 previously allocated for DMS from MC-
130 funding, and $68,300,000 remaining within the MC-130
program following the rescission of excess funds.
The Secretary of the Air Force is directed to submit an
updated list of C-130J DMS requirements with the total
estimated costs by effort for each fiscal year to the House
and Senate Appropriations Committees with the fiscal year
2023 President's budget request. This list shall also include
current resources applied to DMS efforts, as well as any
additional resources allocated to those efforts within the
fiscal year 2023 future years defense program, including the
current year and prior year.
MISSILE PROCUREMENT, AIR FORCE
The agreement provides $2,475,206,000 for Missile
Procurement, Air Force, as follows:
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PROCUREMENT OF AMMUNITION, AIR FORCE
The agreement provides $665,977,000 for Procurement of
Ammunition, Air Force, as follows:
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ALIGNING THE NON-NUCLEAR CONSUMABLES ANNUAL ANALYSIS WITH ACQUISITION
The agreement directs the Secretary of the Air Force to
study the sequencing of the Non-Nuclear Consumables Annual
Analysis in relation to the development of annual budget
requests and submit a report to the congressional defense
committees on the findings and recommendations not later than
90 days after the enactment of this Act.
CARTRIDGE ACTUATED DEVICES/PROPELLANT ACTUATED DEVICES (CAD/PAD) SAFETY
The agreement directs the Secretary of the Air Force to
conduct a review of the current number of CAD/PAD devices
operating with temporary life extensions and to develop a
plan to align future year acquisition and installation
activities to mitigate any identified deficiencies. The
Secretary of the Air Force is directed to submit a report to
the congressional defense committees containing the findings
of this review not later than 90 days after of the enactment
of this Act.
OTHER PROCUREMENT, AIR FORCE
The agreement provides $26,615,079,000 for Other
Procurement, Air Force, as follows:
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improving financial stewardship and transparency
The agreement directs the Assistant Secretary of the Air
Force (Financial Management and Comptroller) to provide the
P-5, P-5a, P-21, and P-40 budget exhibits for unclassified
programs in budget activities three and four, including such
information for fiscal year 2021 and 2022, with the fiscal
year 2023 President's budget request.
PROCUREMENT, SPACE FORCE
The agreement provides $3,023,408,000 for Procurement,
Space Force, as follows:
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national security space launch
The agreement notes the tremendous success of the National
Security Space Launch (NSSL) program in reliably delivering
critical national security satellites to orbit. However, the
agreement notes with concern that failure to properly budget
for NSSL launches should not be accepted as a rationale to
seek launches outside of the space launch enterprise.
Therefore, the agreement directs the Secretary of Defense and
the Director of National Intelligence to utilize the Space
Force launch enterprise for NSSL-class missions unless the
Secretary of Defense or the Director of National Intelligence
certify, as appropriate, to the congressional defense and
intelligence committees that an alternative launch
procurement approach for a designated mission is in the
national security interest of the government, and provide a
rationale for such a determination.
PROCUREMENT, DEFENSE-WIDE
The agreement provides $6,177,561,000 for Procurement,
Defense-Wide, as follows:
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DEFENSE PRODUCTION ACT PURCHASES
The agreement provides $388,327,000 for Defense Production
Act Purchases, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
DEFENSE PRODUCTION ACT PURCHASES........ 340,927 388,327
Program increase--rare earth supply .............. 40,000
chain................................
Program increase--manufacturing of .............. 5,000
shipbuilding components..............
Program increase--inspection and .............. 2,400
process control technology for
microfluidic device..................
-------------------------------
Total, Defense Production Act 340,927 388,327
Purchases..........................
------------------------------------------------------------------------
hypersonic engine industrial base
The agreement includes $38,000,000, as requested, in
Defense Production Act Purchases for investments in the
hypersonic engine industrial base. Consistent with the
Department's goals to ensure a vibrant, competitive, and
diverse defense industrial base, the Under Secretary of
Defense for Acquisition and Sustainment is encouraged to
prioritize investments in sub-tier suppliers in support of
the Services' hypersonics program requirements.
rare earth processing
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 assesses the
feasibility of assigning responsibilities for the light rare
earth (LRE) processing activities to the Department of the
Army in order to synchronize LRE and heavy rare earth
initiatives. The report shall include any impacts on the
industrial base and potential cost efficiencies.
NATIONAL GUARD AND RESERVE EQUIPMENT
The agreement provides $950,000,000 for National Guard and
Reserve Equipment, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
NATIONAL GUARD AND RESERVE EQUIPMENT 0 950,000
ACCOUNT................................
Army National Guard..................... 0 285,000
Program increase--miscellaneous .............. 285,000
equipment............................
Air National Guard...................... 0 285,000
Program increase--miscellaneous .............. 285,000
equipment............................
Army Reserve............................ 0 155,000
Program increase--miscellaneous .............. 155,000
equipment............................
Navy Reserve............................ 0 52,500
Program increase--miscellaneous .............. 52,500
equipment............................
Marine Corps Reserve.................... 0 17,500
Program increase--miscellaneous .............. 17,500
equipment............................
Air Force Reserve....................... 0 155,000
Program increase--miscellaneous .............. 155,000
equipment............................
-------------------------------
Total, National Guard and Reserve 0 950,000
Equipment Account..................
------------------------------------------------------------------------
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 agreement also directs the Secretary of Defense to
provide the report identified in 10U.S.C. 10541 to the
congressional defense committees, not later than May 30,
2022, for the fiscal year 2023 budget.
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; airborne and
ground detect and avoid systems; aviation status dashboard;
controlled humidity preservation; counter-UAS systems;
crashworthy, ballistically tolerant auxiliary fuel systems;
containerized ice making systems; cybersecurity for critical
base infrastructure; gamma radiation protection; helmet-
mounted display system; hospital pods; hypervisor-based cross
domain access solution; KC-135 aircraft forward area
refueling/defueling stations; land surveying systems; laser
ablation system; mobile solar power units/systems; modular
small arms ranges and small arms training simulators and
tools; pilot physiological monitoring systems; radiological
screening portals; training systems and simulators; UH-60
internal auxiliary fuel tanks; UH-72A/B S&S mission equipment
modernization; upgraded commercial-off-the-shelf ground
mapping for C-130 aircraft; vehicle-mounted and man-portable
radiological nuclear detection systems; Tactical Combat
Training System; and virtual language training systems.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $119,211,192,000 in Title IV,
Research, Development, Test and Evaluation, as follows:
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REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
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. Additional guidance is provided in the overview of
this explanatory statement.
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 joint 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 joint explanatory statement.
OTHER TRANSACTION AUTHORITY
The agreement directs the Under Secretary of Defense for
Acquisition and Sustainment to continue the previously
established reporting requirements on the use of Other
Transaction Authority (OTA) while working with the
congressional defense committees to establish improved
procedures for execution of OTAs across the Department and
plans to enhance the data collection process. Not later than
60 days after enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall brief the
congressional defense committees on courses of action to
improve the data collection process across the Department, to
include alternatives to the Federal Procurement Data System-
Next Generation or modifications to the system that provides
greater transparency and accountability and makes such data
available to the public to the maximum extent practicable.
SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS
The agreement encourages the Secretary of Defense to
execute the recommended pilot programs through fiscal year
2022, while performing detailed analysis of the Department's
accounting and financial management process for such pilot
programs compared to traditional software and digital
technology programs. As detailed in the reporting
requirements outlined in the joint explanatory statement
accompanying the Department of Defense Appropriations Act,
2021 (Public Law 116-260), the Secretary of Defense shall
submit quarterly reports to the congressional defense
committees, detailing the Department's assessment for each of
the programs recommended in the general provision. This
report shall include, at a minimum: quantitative and
qualitative metrics; an assessment of eight similar programs,
with representations from each Service, funded through
traditional appropriation legislation for comparison; an
assessment of each pilot program against their own historical
performance when funded through traditional appropriation
legislation; as well as an assessment of prior year Budget
Activity 08 execution by program compared to planned
execution in the respective budget request.
TRANSITION OF PROGRAMS FROM THE STRATEGIC CAPABILITIES OFFICE
It is concerning that for programs planned for transition
from the Strategic Capabilities Office (SCO) to the Services,
detailed cost, schedule, and budget data are not routinely
included with SCO's and the Services' budget justification
materials despite previous congressional direction. It is
further 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 2023
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, appropriations account, and program element.
REPORTING ON MIDDLE-TIER ACQUISITION AND RAPID PROTOTYPING PROGRAMS
As stated in the joint explanatory statement accompanying
the Department of Defense Appropriations Act, 2021 (Public
Law 116-260), the spectrum of programs using rapid
development, rapid prototyping, rapid acquisition,
accelerated acquisition, and middle-tier acquisition
(``section 804'') authorities range 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 defense acquisition category I programs.
The Department of Defense's continued use of such acquisition
authorities is noted. However, the lack of standard
acquisition information provided to the congressional defense
committees for such programs with the budget request, to
include independent cost estimates, technology and
manufacturing readiness assessments, and test and evaluation
master plans, is concerning. In addition, it is concerning
that the Services' growing trend toward procuring de facto
end-items via prototyping acquisitions may limit the
Services' ability to successfully manage their acquisition
programs in the long term by eliminating the complete
understanding of full program costs up front, unnecessarily
narrowing the industrial base early in the acquisition
process, and eliminating opportunities for future innovation
by reducing competition over the life of the acquisition.
Further, it is concerning 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.
It is noted that the Department did not, with submission of
the fiscal year 2022 President's budget request, comply with
direction contained in section 8058 of the Department of
Defense Appropriations Act, 2021 (Public Law 116-260), which
was intended to provide more insight into the use of
legislative authorities and research, development, test and
evaluation funds for these purposes. This direction is
repeated for fiscal year 2022. The Under Secretaries of
Defense for Research and Engineering and Acquisition and
Sustainment, in coordination with the Service acquisition
executives for the Army, Navy, and Air Force, are directed to
provide to the congressional defense committees with
submission of the fiscal year 2023 President's budget request
a complete list of approved acquisition programs, and
programs pending approval in fiscal year 2023, 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 2023 President's
budget request, including their test strategies. Finally, the
Director of 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 of
Operational Test and Evaluation, provide the information
requested above with submission of the fiscal year 2022
President's budget, any variations therefrom should be
included with the fiscal year 2023 submission. In addition,
the Services' Financial Manager and Comptrollers are directed
to identify the full costs for prototyping units by
individual item in the research, development, test and
evaluation budget exhibits for the budget year as well as the
future years defense program.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
The agreement provides $14,539,417,000 for Research,
Development, Test and Evaluation, Army, as follows:
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ANTIMICROBIAL TEXTILES
The agreement directs the Assistant Secretary of Defense
for Sustainment, not later than 180 days after the enactment
of this Act, to provide a report to the congressional defense
committees on the current efforts, effectiveness, and
feasibility of including antimicrobial and antiviral
technology in the manufacturing of Service-issued clothing
and individual equipment. The report shall include an
analysis of the technical maturity of available antimicrobial
and antiviral textile-based solutions and a strategy for
incorporating any technically mature solutions into Service
issued clothing or personal equipment. The report shall also
include a review of the ability of the industrial base to
support the manufacturing of these products and identify any
resources or capability gaps that exist within the industrial
base to meet the demand.
STRATEGIC LONG RANGE CANNON
The Strategic Long Range Cannon (SLRC) is one of the Army's
35 modernization priorities. However, the fiscal year 2022
budget request does not explicitly identify funding for SLRC,
despite requests in the previous two budgets. The Army has
indicated to the congressional defense committees that the
program is still viable and intends to continue to make
progress towards fielding SLRC, including the use of fiscal
year 2022 appropriated funding. Without a request for funding
or a plan to further mature the system in fiscal year 2022,
the agreement does not recommend funding for SLRC. Therefore,
if the Army intends to resource SLRC in fiscal year 2022, the
Secretary of the Army is directed to submit to the House and
Senate Appropriations Committees, not later than 30 days
prior to obligation of funds, a comprehensive funding plan
across the future years defense program and a detailed
schedule of activities.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
The agreement provides $22,139,080,000 for Research,
Development, Test and Evaluation, Navy, as follows:
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SOFTWARE FACTORIES
The fiscal year 2022 President's budget request includes
$72,760,000 to establish no less than three ``software
factories''' that would provide a software pipeline for
continuous development, integration, deployment, and upgrades
of software into multiple unmanned and manned undersea and
surface Navy programs. It is believed that establishing such
a capability is necessary. However, the lack of coordination
and potential for duplication of efforts among various
elements of the Navy's acquisition enterprise, as well as the
Navy's apparent over-reliance on commercial industry for
certain oversight and program management functions, is
concerning.
The Assistant Secretary of the Navy (Research, Development
and Acquisition) is directed to review the Navy's plans for
software factories across the enterprise. Further, with
submission of the fiscal year 2023 President's budget
request, the Assistant Secretary of the Navy (Research,
Development and Acquisition) is directed to provide to the
congressional defense committees an analysis and
recommendation of inherently governmental versus commercial
industry roles with regard to software and autonomous
intelligence development, integration, and operation for Navy
programs; as well as an assessment of the current Navy
workforce and, if required, a strategy for developing and
retaining the required Navy workforce.
SELF-DEFENSE TEST SHIP
The fiscal year 2022 President's budget request includes
$15,061,000 in program element 0605863N primarily to operate
and maintain the Ex-PAUL F. FOSTER, the Navy's Self-Defense
Test Ship (SDTS). It is noted that the Navy has operated a
SDTS since 1996 to conduct operationally realistic testing
that is otherwise prohibited on manned ships. Further, it is
understood that the current SDTS is projected to no longer be
in a ready state beyond fiscal year 2025, and that the Navy
is evaluating several courses of action to meet the
requirement for an SDTS going forward, including the
conversion of a decommissioned Navy asset. The Director of
Navy Innovation, Technology Requirements, and Test and
Evaluation is directed to submit to the congressional defense
committees, with submission of the fiscal year 2023
President's budget request, the Navy's strategy for the SDTS
beyond fiscal year 2025, to include an evaluation of
different courses of action under consideration and their
associated funding requirements by fiscal year across the
future years defense program.
Further, the Director of Operational Test and Evaluation
(DOTE) is directed to provide DOTE's assessment of the Navy's
strategy with respect to impacts on approved Test and
Evaluation Master Plans and test strategies for Navy
acquisition program to the congressional defense committees
not later than 30 days after submission of the fiscal year
2023 President's budget request.
LARGE DISPLACEMENT UNMANNED UNDERSEA VEHICLE
The fiscal year 2022 President's budget request includes
$29,080,000 for Phase II of the Large Displacement Unmanned
Undersea Vehicle (LDUUV), which is the planned transition to
industry of the previously funded Phase I design for the
fabrication of no less than one additional LDUUV. It is noted
that, with submission of the fiscal year 2022 President's
budget request, the Navy terminated the Payload Handling
System, which was intended to launch LDUUV from a VIRGINIA
Class submarine, thereby limiting LDUUV deployment
opportunities. It is further noted that the Navy has delayed
the Phase II contract award from fiscal year 2021 into fiscal
year 2022, and that the Navy is reconsidering the LDUUV
program. Therefore, unobligated fiscal year 2021 funds
appropriated for LDUUV, as well as fiscal year 2022 Phase I
and Phase II funds are designated as congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414).
EXTRA LARGE UNMANNED UNDERSEA VEHICLE
The fiscal year 2022 President's budget request includes
$58,173,000 to continue manufacturing and testing of five
Extra Large Unmanned Undersea Vehicles (XLUUV). With
submission of the budget request, the Navy informed the
congressional defense committees of schedule delays of no
less than two fiscal quarters in addition to an 18-month
delay revealed with the fiscal year 2021 President's budget
request. Further, the Navy notified that the program is being
restructured. It is concerning therefore, that, with the
fiscal year 2022 request, the Navy requested funds for
additional XLUUV requirements such as an increased payload
capacity and a new payload module, when the baseline program
is performing poorly. The agreement includes no funds to
increase payload capacity or for the universal payload in
fiscal year 2022, a reduction of $8,908,000 and $7,190,000 to
the request, respectively.
It is noted that the XLUUV program was awarded in response
to a Joint Emergent Operational Need using rapid acquisition
authorities. Given the urgency of the requirement, the Navy's
analytical and engineering rigor conducted prior to program
initiation is questioned. The Comptroller General is directed
to review the Navy's adherence to acquisition best practices
for the XLUUV program, as adapted for rapid acquisition
programs, and report to the congressional defense committees
not later than 90 days after enactment of this Act.
BASING OF UNMANNED UNDERSEA VEHICLES
The Secretary of the Navy is directed to provide to the
congressional defense committees, with submission of the
fiscal year 2023 President's budget request, a report
detailing the Navy's plans for basing Navy unmanned undersea
vehicles (UUVs), to include the infrastructure, personnel,
and logistical requirements for testing, evaluation, docking,
and maintenance of UUVs.
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.
ACADEMIC PARTNERSHIPS FOR INNOVATIVE SUBMARINE AND UNDERSEA VEHICLE
RESEARCH
The agreement includes $25,000,000 to build stronger
partnerships between Navy research labs, warfighters,
academia, and industry. The Assistant Secretary of the Navy
(Research, Development and Acquisition) is directed to
coordinate this effort with the Navy's industrial base
partners to ensure that funded academic research projects are
relevant to specific research, engineering, and manufacturing
needs, as well as defined systems capabilities. The Assistant
Secretary of the Navy (Research, Development, and
Acquisition) is further directed to ensure that partnerships
with academia focus on the specific submarine and autonomous
undersea vehicle research needs, undersea technology
acceleration and transition, and workforce development to
ensure a sustainable undersea industrial base. Projects
funded under this initiative should also focus on leveraging
investments across the public and private sectors in dual use
technology areas through collaborative efforts aligning the
undersea ecosystem.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
The agreement provides $41,592,913,000 for Research,
Development, Test and Evaluation, Air Force, as follows:
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TECHNOLOGY TRANSFER
The agreement directs the Secretary of the Air Force to
submit to the congressional defense committees, not later
than 90 days after the enactment of this Act, a report on the
funding required and budgeted across the future years defense
program for Air Force technology transfer along with an
analysis of the current use of partnership intermediary
agreements within the Department of Defense laboratory system
for technology transfer with the Air Force.
HYPERSONICS PROTOTYPING
The agreement provides $318,687,000 for the Air-Launched
Rapid Response Weapon (ARRW) and $190,116,000 for the
Hypersonic Attack Cruise Missile. The budget request combined
funding for these prototyping efforts into a single line. The
agreement provides funds for each effort in a separate line
to increase transparency and oversight. Due to recent
failures and delays in testing that have extended the ARRW
program schedule and put a first production lot contract at
risk for award in fiscal year 2022, no procurement funds are
provided in this Act for ARRW. In consultation with the Air
Force, the agreement transfers $80,425,000 requested in
Missile Procurement, Air Force to this account to support an
extension of the testing program and mitigate a projected
funding shortfall for the ARRW prototyping effort within this
account. This language replaces the language under this
heading in House Report 117-88.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, SPACE FORCE
The agreement provides $11,597,405,000 for Research,
Development, Test and Evaluation, Space Force, as follows:
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SPACE FORCE ACQUISITION
The agreement provides the full amount requested for the
Space Warfighting Analysis Center (SWAC) and is supportive of
the work the SWAC is doing to inform architecture and
acquisition decisions. However, concerns persist that the
analytical and decision-making process within the Space Force
is overly complex and convoluted and that responsibilities
and authorities below the Secretary level are unclear and
sometimes contradictory. Therefore, the agreement directs the
Secretary of the Air Force, not to be delegated, to submit to
the congressional defense committees, not later than 60 days
after the enactment of this Act, a report that includes a
draft mission directive; clarification of the roles and
responsibilities of senior civilian and uniformed leaders
with space responsibilities; organizational alignment of the
acquisition units of the Space Force, to include the SWAC,
Space Development Agency, Space Rapid Capabilities Office,
and space programs in the Department of the Air Force Rapid
Capabilities Office; and a plan to ensure the Assistant
Secretary of the Air Force for Space Acquisition and
Integration has the resources, responsibilities, and
authorities necessary for success.
NEXT GENERATION OVERHEAD PERSISTENT INFRARED
The agreement directs the Secretary of the Air Force to
submit the fiscal year 2023 budget submission with distinct
budget lines and program elements for the Geosynchronous
Earth Orbit, Polar, and Ground efforts. The agreement
recognizes that the Space Force is considering alternative
architecture plans for a more resilient and more capable
missile warning and missile tracking system but notes that
the Department of Defense and the Administration have not
reached a consensus on whether or how quickly to pursue a new
path. Therefore, the agreement directs the Secretary of the
Air Force to promptly notify the congressional defense
committees of any significant change to the current
architecture and program plans prior to obligating any funds
or taking contract actions for such change. Last, the
agreement continues previous direction for the Secretary of
the Air Force to provide quarterly briefings to the
congressional defense committees on the status of the
program.
SPACE FORCE UNIQUE SCIENCE AND TECHNOLOGY
The agreement recognizes that science and technology
programs can have shared goals and leverage advancements in
research areas that cut across both the air and space
domains. While there are clear benefits to cross-domain
multi-disciplinary investments, it can result in an increased
level of complexity in allocating resources to the
appropriate Service appropriations accounts for technology
discovery and application efforts early in the research and
development (R&D) phase. The agreement notes that space
unique capabilities and those programs executed out of the
Space Vehicles Directorate at the Air Force Research Lab, are
more appropriately budgeted in the Research, Development,
Test and Evaluation, Space Force account. Therefore, the
Secretary of the Air Force is directed to provide a
comprehensive proposal to the congressional defense
committees to establish an objective, transparent, and
effective means to align the Department of the Air Force's
science and technology resources across the R&D continuum,
not later than 90 days after the enactment of this Act.
COMMERCIAL TECHNOLOGIES
Existing and emerging commercial solutions have the
potential to meet certain mission sets of the United States
Space Force (USSF), including communications, space domain
awareness, and intelligence, surveillance, and
reconnaissance. The USSF and other space organizations within
the Department have publicly championed a hybrid space
architecture that includes a combination of government and
commercial space vehicles and Services. However, the
agreement notes that the USSF is slow to prioritize
commercial offerings into its enterprise architecture and
dedicate sufficient resources to continue advancements in
enabling technologies, such as encryption technologies
necessary for a ubiquitous hybrid architecture. Therefore,
the agreement directs the Commander of Space Systems Command,
not later than 90 days after the enactment of this Act, to
provide the congressional defense committees a report
detailing the strategy to integrate commercial satellites
across its mission sets and a future years defense program
resource profile by appropriation and line item dedicated to
these efforts. The report shall address the tools needed to
advance the operational integration of commercial systems
into a hybrid enterprise management system and address what
acquisition models will be used to facilitate cost effective
and efficient purchase of commercial systems and Services.
TACTICALLY RESPONSIVE SPACE
The Department of Defense Appropriations Act, 2021 (Public
Law 116-260) appropriated $15,000,000 for investments in
tactically responsive space launch capabilities. Further,
section 1609 of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) directed the Secretary
of the Air Force to establish a Tactically Responsive Space
Launch program within the future years defense program.
However, the fiscal year 2022 President's budget request does
not include any resources to establish the program this
fiscal year despite a need to counter adversarial launches of
disruptive technologies in a tactically relevant timeline.
Therefore, the agreement provides $50,000,000 for Tactically
Responsive Launch efforts. Further, the agreement directs the
Secretary of the Air Force, in consultation with the Chief of
Space Operations, not later than 90 days after the enactment
of this Act, to provide the congressional defense committees
with an acquisition strategy that operationalizes a
tactically responsive space capability, including satellites,
launch vehicles, control systems, and concept of operations,
as well as the resource profile associated with the strategy
across the future years defense program.
NUCLEAR PROPULSION TECHNOLOGY
Traditional solar array technologies for space vehicle
power generation provide limited power sourcing and degrade
over time. The agreement notes that nuclear propulsion
technology has the potential to increase the lifespan, range,
and communications capabilities of space vehicles enabling
the Space Force to develop new space architectures, as well
as modified tactics, techniques, and procedures for operation
within existing architectures. Therefore, the agreement
directs the Secretary of the Air Force, in coordination with
the Chief of Space Operations, not later than 90 days after
the enactment of this Act, to provide a report to the
congressional defense committees on the technical maturity,
cost, benefits, and risks associated with nuclear propulsion
technology in space.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
The agreement provides $29,065,786,000 for Research,
Development, Test and Evaluation, Defense-Wide, as follows:
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RAPID DEFENSE EXPERIMENTATION RESERVE
It is understood that the Secretary of Defense plans to
request funds under a new ``Rapid Defense Experimentation
Reserve'' (RDER) budget line in the Research, Development,
Test and Evaluation, Defense-Wide (RDTE,DW) account in future
budget submissions for prototyping and experimentation as
part of a campaign of learning, and to close the ``valley of
death''. Projects funded under the RDER program would
facilitate exploration and transition of technologies to full
adoption by the Services and enable more rapid modernization.
The agreement supports this concept in principle. However,
it is noted that the RDTE,DW account already contains several
budget lines for programs intended for such purposes, to
include programs to bridge the valley of death; support high-
priority, mission-aligned prototyping; address joint
warfighting operational gaps; and transition technologies.
Further, it is noted that these budget lines contain
significant funding flexibility in the year of execution.
Therefore, the establishment of the new RDER program should
be accompanied by a critical review of these programs and
projects, including, but not limited to, the Defense
Modernization and Prototyping Program, the Joint Capability
Technology Program, and the Rapid Prototyping Program, to
ensure that funds support direct warfighter needs.
The agreement realigns some such duplicate funding only for
the RDER program in fiscal year 2022, as detailed in the
table of Explanation of Project Level Adjustments
accompanying this section. The Deputy Secretary of Defense is
directed to review the scope and purpose of existing
prototyping, experimentation, and demonstration programs
funded within RDTE,DW to avoid redundancy and overlap with
RDER, and to recommend adjustments to funding streams and
management structures with the fiscal year 2023 President's
budget request.
COMMERCIAL SATELLITE IMAGERY
The availability and value of high-quality commercial
satellite imagery to support a wide range of national
security applications, including intelligence, military
operations, disaster relief and response, and scientific
research is increasing rapidly. However, there is concern
that the federal government is not adequately leveraging its
buying power to ensure the best value and is not minimizing
the redundancy and duplication of purchases across all
departments, agencies, and offices, including government-
sponsored activities at non-profit organizations and academic
institutions.
Therefore, the agreement directs the Comptroller General to
provide a report to the congressional defense committees, not
later than 180 days after the enactment of this Act, with an
inventory of contracts for commercial imagery products and
Services across the national security community; a
determination of the effectiveness of coordination on
procurements for these products and Services; an
identification of any areas where there is duplication or
redundant procurements; and recommendations on actions to
improve the coordination, efficiency, and effectiveness of
procurements for commercial satellite imagery and related
Services.
SUPPLY CHAIN RISK MANAGEMENT
Sections 845 and 847 of the National Defense Authorization
Act for fiscal year 2020 require the Department of Defense to
use technology and analytic tools to expand its efforts to
identify, mitigate, and monitor supply chain risks, including
foreign ownership, control, and influence (FOCI) across the
classified and unclassified defense industrial base. The
Defense Counterintelligence and Security Agency's (DCSA's)
Critical Technology Protection Directorate supports the
Department's efforts to comply with these new requirements
for protecting supply chains aimed at further reducing
defense industrial base risks.
In addition, the agreement directs the Under Secretary of
Defense for Intelligence and Security to provide a report to
the House and Senate Appropriations Committees not later than
60 days after the enactment of this Act that enumerates and
discusses the distinct analytic tools and innovative
technological enhancements in which the DCSA is investing to
assess, mitigate, and continuously monitor FOCI in Department
of Defense contracts and subcontracts.
SPACE DEVELOPMENT AGENCY UNITED STATES INDO-PACIFIC COMMAND MISSILE
TRACKING DEMONSTRATION
The fiscal year 2022 President's budget request includes
$882,887,000 in the Research, Development, Test and
Evaluation, Defense-Wide and Procurement, Defense-Wide
accounts to develop, integrate, test, and launch 28 transport
and tracking satellites as part of the Space Development
Agency's (SDA) Tranche 0 capability acquisition. Further, the
budget request includes funds to initiate development of
SDA's Tranche 1 capability to begin filling out the
proliferated National Defense Space Architecture (NDSA). It
is noted that subsequent to the budget submission, SDA
changed the launch strategy for Tranche 1 from a ``delivery
on orbit'' to using the National Security Space Launch (NSSL)
Phase 2 contract. This revised approach is supported and
adjustments are recommended only to reflect that revised
launch strategy for Tranche 1 consistent with previous
congressional direction, as detailed in the table of
Explanation of Project Level adjustments accompanying this
section. It is noted that any change to this revised launch
strategy for Tranche 1 is subject to the criteria contained
under the heading ``National Security Space Launch'' included
in the ``Procurement, Space Force'' section of this joint
explanatory statement.
It is understood that the U.S. Indo-Pacific Command
(USINDOPACOM) has a need for additional wide and medium field
of view satellites (W/MFOV) that are not included in Tranche
0 or Tranche 1 of the NDSA. These satellites provide
intelligence and warning, tracking, and targeting of missile
threats. The agreement includes $550,000,000 only for such a
satellite demonstration for USINDOPACOM, to be managed and
executed only by SDA. The Director, SDA is directed to
provide to the congressional defense committees an updated
cost estimate to address USINDOPACOM's W/MFOV requirements,
to include an acquisition and contract strategy not later
than 30 days after the enactment of this Act. Direction
regarding the procurement of launch Services included
elsewhere in this statement under the heading ``National
Security Space Launch'' shall also apply to these funds.
DEFENSE ADVANCED RESEARCH PROJECTS AGENCY ASSAULT BREAKER II
The fiscal year 2022 President's budget request includes
$51,154,000 for DARPA's Assault Breaker II (AB II)
initiative. The agreement includes an additional $50,000,000
only to accelerate AB II development in the U.S. Indo-Pacific
Command, increase the pace of experiments, and enhance the
modeling and simulation environment. Further direction with
respect to AB II is included the classified annex
accompanying this Act.
DARPA HYPERSONICS AND SPACE RISK REDUCTION
The fiscal year 2022 President's budget request includes
$121,067,000 for DARPA to continue risk reduction,
development, and testing of hypersonics weapons and space
capabilities, to include the Hypersonic Air-Breathing Weapon
Concept, Tactical Boost Glide, Blackjack, and Robotic
Servicing of Geosynchronous Satellites. The agreement
includes an additional $100,000,000, only for these programs
in Research, Development, Test and Evaluation, Defense-Wide
program elements 0603286E and 0603287E. It is directed that
none of these additional funds may be obligated or expended
until 60 days after the Director of DARPA, in coordination
with the respective transition service leads, briefs the
congressional defense committees on a spend plan and schedule
for these funds, to include partner funding and transition
plans.
DARPA ELECTRONICS RESURGENCE INITIATIVE 2.0
The fiscal year 2022 President's budget request includes
$330,500,000 for DARPA's Electronics Resurgence Initiative
2.0 (ERI 2.0). ERI 1.0 aimed to forge forward-looking
collaborations among the commercial electronics community,
the defense industrial base, university researchers, and the
Department of Defense to ensure far-reaching improvements in
electronics performance. It is understood that under ERI 2.0,
DARPA will build on these efforts and continue investment in
dual-use research, adding new areas relevant to manufacturing
and national security. The agreement includes an additional
$80,000,000 to accelerate ERI 2.0. It is directed that none
of the additional funds may be obligated or expended until 60
days after the Director of DARPA, briefs the congressional
defense committees on a strategy for ERI 2.0, to include an
update on collaborations established under ERI and DARPA's
role within the Department of Defense microelectronics
enterprise and strategy.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE PROGRAM
ELEMENT STRUCTURE
The fiscal year 2022 President's budget request proposes
the consolidation of several smaller budget lines/projects
into larger budget lines, and proposes substantial growth for
several budget lines that contain significant internal
funding execution flexibility. It is noted that this
particularly impacts the Defense Threat Reduction Agency and
Chemical Biological Defense Program budget lines. Given the
critical nature of these agencies' missions, these respective
budget requests are supported in the agreement. However, the
Under Secretary of Defense (Comptroller) and the Director of
Cost Assessment and Program Evaluation are directed to review
the program element structure of the Research, Development,
Test and Evaluation, Defense-Wide appropriations account to
inform the fiscal year 2023 President's budget request.
CYBER EDUCATION DIVERSITY INITIATIVE
The Secretary of Defense is directed to provide to the
congressional defense committees with submission of the
fiscal year 2023 President's budget request, a report on the
scope, scale, and impact of the Cyber Education Diversity
Initiative. The report should detail the number and nature of
participating institutions, funds expended in support of the
initiative, and an initial evaluation of the impact on cyber
education.
SCIENCE, TECHNOLOGY, ENGINEERING AND MATH (STEM) PROGRAMS
The agreement includes an additional $14,000,000 for STEM
programs. The Secretary of Defense is encouraged to partner
with organizations with an established history of providing
scholarships to students pursuing an education in these
fields.
CIVIL SOCIETY
The agreement includes $15,000,000 for civil society
programs. The Secretary of Defense
[[Page H2150]]
is directed to work with universities with ethics and public
affairs programs to promote civil society education and
outreach, including among military and non-military
communities.
HYPERSONIC TESTING FACILITY REACTIVATION
The agreement provides $29,500,000 in Research,
Development, Test and Evaluation, Defense-Wide for hypersonic
test facilities to carry out the activities necessary for the
reactivation of previously decommissioned synthetic air
hypersonic propulsion test facilities, including expenses
necessary for the relocation of affected NASA capabilities or
facilities.
BIOINDUSTRIAL CAPABILITIES AND MANUFACTURING TECHNOLOGIES
There continues to be need for U.S. biotechnology
innovation and securing the domestic bioindustrial base. A
Bioindustrial Manufacturing Innovation Institute has been
established to provide a reliable American source of
bioindustrial capabilities and manufacturing technologies. It
is noted that the Department remains committed to this effort
and that Congress has reaffirmed support for the effort to
accelerate biotechnology modernization by providing funding
for the institute. The agreement encourages the Under
Secretary of Defense (Research and Engineering) to work
closely with the partners involved and provide a briefing to
the House and Senate Appropriations Committees, Subcommittees
on Defense not later than 45 days after enactment of this Act
with details of specific capabilities envisioned for the
institute, along with a timeline and cost projection in order
to deliver those capabilities.
OPERATIONAL TEST AND EVALUATION, DEFENSE
The agreement provides $276,591,000 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............... 105,394 105,394
LIVE FIRE TESTING............................. 68,549 103,549
Program increase--lab and test range ........... 9,000
upgrades--space............................
Program increase--lab and test range ........... 13,000
upgrades--electromagnetic spectrum.........
Program increase--lab and test range ........... 7,000
upgrades--hypersonics......................
Program increase--lab and test range ........... 6,000
upgrades--targets..........................
OPERATIONAL TEST ACTIVITIES AND ANALYSIS...... 42,648 67,648
Program increase--lab and test range ........... 12,000
upgrades--directed energy..................
Program increase--lab and test range ........... 13,000
upgrades--targets..........................
-------------------------
TOTAL, OPERATIONAL TEST & EVALUATION, 216,591 276,591
DEFENSE..................................
------------------------------------------------------------------------
CERTIFICATION OF FUNDING FOR TEST INFRASTRUCTURE AND TEST EVENT
RESOURCES
It is concerning that funding required for test and
evaluation infrastructure, assets, and personnel is routinely
placed at risk by the Department of Defense and the Services
during the budget planning and formulation process.
Therefore, the Director of Operational Test and Evaluation,
is directed to assess and certify to the congressional
defense committees with submission of the fiscal year 2023
President's budget request that the Department of Defense's
and Services' test infrastructure, assets, and personnel are
fully funded in the budget year and the future years defense
program to support agreed-upon Test and Evaluation Master
Plans for major defense acquisition programs and test
assessments for prototyping programs. Further, the Director
of Operational Test and Evaluation, is directed to identify--
where applicable--shortfalls by service and program.
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The agreement provides $2,017,000,000 in Title V, Revolving
and Management Funds.
DEFENSE WORKING CAPITAL FUNDS
The agreement provides $2,017,000,000 for Defense Working
Capital Funds, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY.................... 384,711 499,711
Industrial Operations....................... 26,935 26,935
Program increase--Arsenals Initiative..... ........... 115,000
Supply Management........................... 357,776 357,776
WORKING CAPITAL FUND, NAVY.................... 150,000 150,000
Supply Management........................... 150,000 150,000
WORKING CAPITAL FUND, AIR FORCE............... 77,453 77,453
Supply Management........................... 77,453 77,453
WORKING CAPITAL FUND, DEFENSE WIDE............ 127,765 127,765
Energy Management........................... 40,000 40,000
Supply Chain Management..................... 87,765 87,765
DEFENSE WORKING CAPITAL FUND, DECA............ 1,162,071 1,162,071
-------------------------
TOTAL, DEFENSE WORKING CAPITAL FUNDS...... 1,902,000 2,017,000
------------------------------------------------------------------------
ADVANCE BILLING LIMITATION FOR WORKING CAPITAL FUNDS
The agreement includes a general provision that doubles the
allowable amount of advance billing of a customer of a
working capital fund for fiscal year 2022 only. The Secretary
of Defense is encouraged to work with the congressional
defense committees to seek an exception to the dollar
limitation imposed by section 2208(l)(3) of title 10 in the
event of a declaration of a national emergency by the
President.
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The agreement provides $39,808,546,000 in Title VI, Other
Department of Defense Programs, as follows:
[[Page H2151]]
[GRAPHIC] [TIFF OMITTED] TH9033001.348
[[Page H2152]]
DEFENSE HEALTH PROGRAM
The agreement provides $37,350,182,000 for the Defense
Health Program, as follows:
[[Page H2153]]
[GRAPHIC] [TIFF OMITTED] TH9033001.349
[[Page H2154]]
[GRAPHIC] [TIFF OMITTED] TH9033001.350
[[Page H2155]]
[GRAPHIC] [TIFF OMITTED] TH9033001.351
[[Page H2156]]
REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
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 they occurred from the
Private Sector Care budget sub-activity to any other budget
sub-activity in fiscal year 2021.
The Assistant Secretary of Defense for 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 for Health
Affairs is directed to submit a detailed spend plan for any
fiscal year 2021 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 $130,000,000 for the peer-reviewed
cancer research program to research cancers not addressed in
the breast, pancreatic, prostate, ovarian, kidney, lung,
melanoma, and rare cancer research programs.
The funds provided in the peer-reviewed cancer research
program are directed to be used to conduct research in the
following areas: bladder cancer; blood cancers; brain cancer;
colorectal cancer; endometrial cancer; esophageal cancer;
germ cell cancers; head and neck cancer; liver cancer;
lymphoma; mesothelioma; metastatic cancers; myeloma;
neuroblastoma; pediatric brain tumors; pediatric, adolescent,
and young adult cancers; sarcoma; stomach cancer; thyroid
cancer; and Von Hippel-Lindau syndrome malignancies
(excluding cancers of the kidney and pancreas).
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 117-88 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,
cardiomyopathy, congenital heart disease, diabetes, dystonia,
eating disorders, viral diseases, endometriosis,
epidermolysis bullosa, familial hypercholesterolemia, fibrous
dysplasia, focal segmental glomerulosclerosis, food
allergies, Fragile X, frontotemporal degeneration, Guillain-
Barre syndrome, hemorrhage control, hepatitis B,
hydrocephalus, hypercholesterolemia, hypertension,
inflammatory bowel diseases, interstitial cystitis, malaria,
mitochondrial disease, myalgic encephalomyelitis/chronic
fatigue syndrome, myotonic dystrophy, nephrotic syndrome,
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, Rett syndrome,
rheumatoid arthritis, sleep disorders and restriction,
suicide prevention, sustained release drug delivery, trauma,
vascular malformations, women's heart disease, Ehlers-Danlos
syndrome, pancreatitis, musculoskeletal disorders related to
acute and chronic bone conditions and injuries, and
Friedreich's ataxia. 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 of 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 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.
JOINT WARFIGHTER MEDICAL RESEARCH PROGRAM
The Assistant Secretary of Defense for Health Affairs is
directed to submit a report, not later than 12 months after
the enactment of this Act, to the congressional defense
committees that lists the projects that receive funding under
the Joint Warfighter Medical Research Program. The report
shall include the funding amount awarded to each project, a
thorough description of each project's research, and the
benefit the research will provide to the Department of
Defense.
TRAUMATIC BRAIN INJURY/PSYCHOLOGICAL HEALTH
The Assistant Secretary of Defense for 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 for 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.
DEPARTMENT OF DEFENSE CONTROLLED ACCESS TO HEALTH INFORMATION
The Assistant Secretary of Defense for Health Affairs is
directed to provide a report, not later than 180 days after
the enactment of this Act, to the congressional defense
committees, detailing the implementation of Office of
Inspector General (OIG) recommendations related to
effectively controlling access to health information of
Department of Defense personnel. The report shall include any
additional cybersecurity measures taken as a result of the
OIG's findings.
MILITARY TREATMENT FACILITY TRANSITION
The agreement notes that the military departments continue
to have a significant role in the administration of the
military treatment facilities (MTF), especially the
transition of more than 40 functional capabilities identified
in the Defense Health Agency's (DHA) implementation plan that
are wide-ranging, including capabilities like military
personnel management, acquisitions, religious support
services, clinical operations, and clinical quality. The
agreement directs the Comptroller General 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 MTFs to the DHA. The report shall include (1) 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; (2) cost implications of
the transition, including the Department's plan for
maximizing efficiencies and reducing duplication; (3) the
current and planned DHA staffing model; and (4) how the DHA
will ensure that the Services' medical requirements are
considered and met. The agreement further directs the
Department 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.
REDUCTION OF MILITARY BILLETS
The agreement does not include funding requested in the
fiscal year 2022 President's
[[Page H2157]]
budget request for a reduction in military medical providers
in order to increase the number of operational billets
required for lethality. The Section 719 Report to Congress on
Military Medical Reductions to Meet Operational Requirements
was submitted in August 2021, and the agreement finds that
questions and concerns remain, especially related to analysis
of military medical manpower requirements, market adequacy
assumptions, and the ability to hire civilian or contract
replacements. The agreement directs the Assistant Secretary
of Defense for Health Affairs to brief the congressional
defense committees not later than 60 days after the enactment
of this Act on the Department's efforts to respond to reports
about the quality and availability of civilian providers,
along with other concerns raised in the May 2020 Government
Accountability Office evaluation regarding the restructuring
plan of military treatment facilities.
PEER-REVIEWED TOXIC EXPOSURES RESEARCH PROGRAM
The agreement notes the number of known and unknown
potentially harmful substances that servicemembers are
exposed to as part of their military service. Research linked
to exposures through various congressionally directed medical
research programs, including the Peer-Reviewed Neurotoxin
Exposure Treatment Parkinson's Research Program, started in
1997 with a focus on dopaminergic neurons that result in
Parkinson's disease. Since 2006, the Peer-Reviewed Gulf War
Illness Research Program has also received congressionally
directed funding to study the health impacts caused by
deployment of warfighters during the Persian Gulf War. The
agreement remains committed to helping veterans affected by
Parkinson's disease, Gulf War illness, and others exposed to
potentially toxic substances which result in multiple,
diverse symptoms and health abnormalities.
Transitioning related research to a new, broader program,
including neurotoxin exposure treatment research, research on
Gulf War illness, exposures to burn pits, and other service-
related exposures to potentially toxic chemicals and
materials will allow the research community to improve
scientific understanding and pathobiology from exposure, more
efficiently assess comorbidities, and speed the development
of treatments, cures, and preventions. Therefore, the
agreement recommends $30,000,000 for a peer-reviewed toxic
exposures research program. The funds provided in this
program are directed to be used to conduct research of clear
scientific merit and direct relevance to neurotoxin exposure;
Gulf War illness and its treatment; airborne hazards and burn
pits; as well as toxic military exposures in general,
including prophylactic medications, pesticides,
organophosphates, toxic industrial chemicals, materials,
metals, and minerals. The agreement directs the Director of
Congressionally Directed Medical Research Programs, to ensure
that the program is conducted using competitive selection and
peer-review for the identification of research with the
highest technical merit and military benefit. Further, the
agreement directs that this program be coordinated with
similar activities in the Department of Veterans Affairs.
Collaborations between researchers at military or veteran
institutions and non-military research institutions are
encouraged to leverage the knowledge, infrastructure, and
access to military and veteran populations. The inclusion of
the toxic exposures research program shallnot prohibit
research in any other congressionally directed research
program that may be associated with conditions or health
abnormalities which may have been the result of toxic
exposures.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
The agreement provides $1,094,352,000 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..................... 93,121 93,121
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.... 1,001,231 1,001,231
-------------------------
Total, Chemical Agents and Munitions 1,094,352 1,094,352
Destruction, Defense.....................
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement provides $925,649,000 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..................... 593,250 579,750
Project 1387 insufficient budget ........... -8,500
justification..............................
Reduce duplicative efforts.................. ........... -5,000
DRUG DEMAND REDUCTION PROGRAM................. 126,024 126,024
NATIONAL GUARD COUNTER-DRUG PROGRAM........... 96,970 194,211
Program increase............................ ........... 97,241
NATIONAL GUARD COUNTER-DRUG SCHOOLS........... 5,664 25,664
Program increase............................ ........... 20,000
-------------------------
Total, Drug Interdiction and Counter-Drug 821,908 925,649
Activities, Defense......................
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement provides $194,211,000 for the National Guard
Counter-Drug Program and an additional $33,696,000 is
included under Counter-Narcotics Support for operational
support to the National Guard.
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 (DSCA) in the Operation and
Maintenance, Defense-Wide (OM,DW) account. Any notification
of funds execution submitted pursuant to 10 U.S.C. 284 shall
identify any resources within the DSCA OM,DW account that are
allocated for similar or related purposes.
The Secretary of Defense is directed to provide quarterly
reports to the 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
2022 budget justification materials and other documentation
supporting the fiscal year 2022 budget request.
OFFICE OF THE INSPECTOR GENERAL
The agreement provides $438,363,000 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..................... 435,918 435,918
PROCUREMENT................................... 80 80
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.... 2,365 2,365
-------------------------
Total, Office of the Inspector General.... 438,363 438,363
------------------------------------------------------------------------
QUARTERLY END STRENGTH AND EXECUTION REPORTS
The agreement directs the Department of Defense Inspector
General 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 (FTE) as well as an estimate of fiscal year
end strength and fiscal year FTE. 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.
The agreement does not include the directive under this
heading in House Report 117-88 regarding assessment of the
program to monitor, evaluate, and oversee funds appropriated
under the heading Afghanistan Security Forces Fund.
TITLE VII--RELATED AGENCIES
The agreement provides $1,101,100,000 in Title VII, Related
Agencies, as follows:
[[Page H2158]]
[GRAPHIC] [TIFF OMITTED] TH9033001.352
[[Page H2159]]
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,
2022.
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 $587,100,000, a decrease of
$46,900,000 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:
The agreement includes a provision proposed by the House
which provides for the general transfer authority of funds to
other military functions.
The agreement modifies a provision which identifies tables
as Explanation of Project Level Adjustments.
The agreement includes a provision proposed by the House
which provides for the establishment of a baseline for
application of reprogramming and transfer authorities for the
current fiscal year.
The agreement modifies a provision regarding limitations
and conditions on the use of funds made available in this Act
to initiate multiyear procurement contracts. The House bill
contained a similar provision.
The agreement modifies a provision proposed by the House
regarding management of civilian personnel of the Department
of Defense.
The agreement modifies a provision for the transfer of
funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program.
The agreement retains a provision proposed regarding
limitations on the use of funds to purchase anchor and
mooring chains. The House included a similar provision.
The agreement includes a provision for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544).
The agreement includes a provision to provide for the
availability of funds for the mitigation of environmental
impacts on Indian lands resulting from Department of Defense
activities.
The agreement does not include a provision that establishes
a minimum wage for the contractor workforce.
The agreement does not include a provision related to
covered reports.
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 did not contain a similar
provision.
The agreement modifies a provision to provide funding in
the Army's Working Capital Fund to maintain competitive rates
at the arsenals.
The agreement includes a provision which provides funding
for the Civil Air Patrol Corporation.
The agreement modifies a provision that prohibits funding
from being used to establish new Department of Defense
Federally Funded Research and Development Centers with
certain limitations.
The agreement includes a prohibition on funding being used
for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin.
The agreement modifies a provision providing appropriations
for a National Defense Stockpile Transaction Fund for the
acquisition and retention of certain critical materials.
The agreement retains a prohibition on the use of funds 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, United States Code. The House bill
contained a similar provision.
The agreement retains a provision that provides authority
to use operation and maintenance appropriations to purchase
items having an investment item unit cost of not more than
$250,000. The House bill contained a similar provision.
The agreement includes a provision proposed by the House to
prohibit the use of funds in contravention of the First
Amendment.
The agreement retains a provision that restricts any
funding to be used for the retirement or divestiture of RQ-4
Global Hawk Block 40 aircraft and prohibits deactivation of
the corresponding squadrons. The House bill contained no
similar provision.
The agreement modifies a provision that provides authority
to use operation and maintenance appropriations for the Asia
Pacific Regional Initiative Program.
The agreement includes a provision proposed by the House
that places certain limitations on the use of funds made
available in this Act to establish field operating agencies.
The agreement retains a provision that places restrictions
on converting to contractor performance an activity or
function of the Department of Defense unless it meets certain
guidelines provided. The House bill contained a similar
provision.
(RESCISSIONS)
The agreement modifies a provision proposed by the House
recommending rescissions and provides for the rescission of
$3,305,725,000. The rescissions agreed to are:
------------------------------------------------------------------------
------------------------------------------------------------------------
2020 Appropriations:
Missile Procurement, Army:
Stinger Mods....................................... 5,000,000
Lethal Miniature Aerial Missile System............. 1,953,000
Procurement of Weapons and Tracked Combat Vehicles,
Army:
M240 Medium Machine Gun Mods....................... 4,500,000
Other Procurement, Army:
Bridge Supplemental Set............................ 13,000,000
Other Procurement, Navy:
Small and Medium UUV............................... 3,500,000
Aircraft Procurement, Air Force:
Combat Rescue Helicopter........................... 18,200,000
Target Drones...................................... 9,741,000
MQ-9 Reaper........................................ 1,000,000
B-1B............................................... 5,488,000
LAIRCM............................................. 30,000,000
F-15............................................... 14,984,000
F-22A.............................................. 21,842,000
Increment 3.2B..................................... 2,000,000
C-130J Mods........................................ 6,097,000
C-135.............................................. 12,592,000
E-4................................................ 13,341,000
MQ-9 Mods.......................................... 14,000,000
Initial Spares/Repair Parts........................ 4,200,000
Missile Procurement, Air Force:
Small Diameter Bomb................................ 40,000,000
Other Procurement, Air Force:
ATCALS............................................. 3,000,000
Base Communication Infrastructure.................. 20,000,000
Combat Training Ranges............................. 15,000,000
2021 Appropriations:
Operation and Maintenance, Defense-Wide:
DSCA Security Cooperation.......................... 75,000,000
Coalition Support Funds............................ 26,000,000
Afghanistan Security Forces Fund:
Afghanistan Security Forces Fund................... 700,000,000
Counter-ISIS Train and Equip Fund:
Counter-ISIS Train and Equip Fund.................. 250,000,000
Aircraft Procurement, Army:
AH-64 Apache Block IIIA (AP)....................... 5,000,000
Procurement of Weapons and Tracked Combat Vehicles,
Army:
M240 Medium Machine Gun Mods....................... 4,533,000
Procurement of Ammunition, Army:
Cartridges, Tank, 105mm and 120mm, All Types....... 37,500,000
Shoulder Launched Munitions, All Types............. 23,788,000
CAD/PAD, All Types................................. 3,466,000
Other Procurement, Army:
Joint Information Environment...................... 3,177,000
Aircraft Procurement, Navy:
V-22 (Medium Lift) AP.............................. 15,210,000
CH-53K............................................. 36,572,000
Weapons Procurement, Navy:
Standard Missile................................... 16,148,000
Drones and Decoys.................................. 19,956,000
Small Arms and Weapons............................. 931,000
Procurement of Ammunition, Navy and Marine Corps:
Pyrotechnic and Demolition......................... 1,744,000
Mortars............................................ 3,450,000
Shipbuilding and Conversion, Navy:
DDG-51 AP.......................................... 130,000,000
Other Procurement, Navy:
LHA/LHD Midlife.................................... 3,445,000
LCS MM Mission Modules............................. 10,246,000
LCS In-Service Modification........................ 35,634,000
Procurement, Marine Corps:
Radio Systems...................................... 80,109,000
Aircraft Procurement, Air Force:
F-15EX............................................. 76,856,000
KC-46A MDAP........................................ 88,170,000
MC-130J............................................ 57,400,000
MH-139A............................................ 194,016,000
Combat Rescue Helicopter........................... 17,600,000
MQ-9 Reaper........................................ 20,000,000
B-52............................................... 9,100,000
A-10............................................... 39,000,000
F-16............................................... 16,187,000
F-22A.............................................. 15,810,000
F-35 Mods.......................................... 5,079,000
T-6................................................ 2,700,000
C-130.............................................. 1,980,000
MQ-9 Mods.......................................... 10,700,000
Initial Spares/Repair Parts........................ 131,177,000
F-16 Post-Production Support....................... 5,000,000
Procurement, Space Force:
GPS III Follow-On.................................. 18,000,000
National Security Space Launch..................... 17,700,000
Procurement of Ammunition, Air Force:
JDAM............................................... 339,289,000
B61................................................ 12,400,000
Other Procurement, Air Force:
Medium Tactical Vehicle............................ 3,400,000
Combat Training Ranges............................. 20,990,000
MEECN.............................................. 15,000,000
Classified Adjustment.............................. 40,000,000
Research, Development, Test, and Evaluation, Army:
Technology Maturation Initiatives.................. 16,663,000
Infantry Support Weapons........................... 14,200,000
Brilliant Anti-Armor Submunition................... 20,175,000
Weapons and Munitions--Eng Dev..................... 3,913,000
Landmine Warfare/Barrier--Eng Dev.................. 1,925,000
155mm Self-Propelled Howitzer Improvements......... 22,709,000
Research, Development, Test, and Evaluation, Navy:
Next Generation Jammer, Increment II............... 51,500,000
Advanced Arresting Gear............................ 4,000,000
JNT Standoff Weapon System......................... 5,500,000
Cooperative Engagement Capability.................. 7,022,000
Research, Development, Test, and Evaluation, Space
Force:
Next-Generation OPIR............................... 100,000,000
Space Test and Training Range Development.......... 2,000,000
Satellite Control Network.......................... 10,000,000
Ballistic Missile Defense Radars................... 8,500,000
Research, Development, Test, and Evaluation, Defense-
Wide:
Microelectronics Restructure, BA 4................. 14,451,000
Microelectronics Restructure, BA 5................. 8,216,000
DARPA.............................................. 53,000,000
Classified Adjustment.............................. 33,050,000
No-Year Appropriations:
Defense Working Capital Funds:
Defense Counterintelligence and Security Agency 30,000,000
Working Capital Fund..............................
------------------------------------------------------------------------
The agreement includes a provision proposed by the House to
provide for reimbursement to the National Guard and reserve
when members of the National Guard and reserve provide
intelligence or counterintelligence support to the combatant
commands, defense agencies, and joint intelligence
activities.
The agreement includes a provision proposed by the House to
provide funding for Red Cross and United Service
Organizations grants.
[[Page H2160]]
The agreement includes a provision proposed by the House to
provide funding for Sexual Assault Prevention and Response
Programs.
The agreement retains language prohibiting the amendment or
funding to separate, or to consolidate from within, the
National Intelligence Program budget from the Department of
Defense budget. The House bill contained a similar provision.
The agreement includes a provision proposed by the House
which provides a grant to the Fisher House Foundation, Inc.
The agreement includes a new provision that provides
funding to improve tactical artificial intelligence at the
combatant commands.
The agreement retains a provision that provides for the
funding of prior year shipbuilding cost increases. The House
bill contained a similar provision.
The agreement includes a provision proposed by the House
regarding contingency budget operations.
The agreement includes a new provision that provides
funding available for transfer to various Department of
Defense accounts for purposes of recruiting and training an
artificial intelligence-literate acquisition workforce.
The agreement does not include a provision to prohibit the
use of funds for the purpose of making remittances to the
Department of Defense Acquisition Workforce Development
Account, as the provision has been addressed in an
authorization bill.
The agreement includes a provision proposed by the House
prohibiting the use of funds to provide certain missile
defense information to certain entities.
The agreement includes a provision proposed by the House on
the use of funds in the Shipbuilding and Conversion, Navy
account to purchase five used auxiliary vessels for the
National Defense Reserve Fleet.
The agreement does not include a provision that revises
economic assumptions.
The agreement does not include a provision related to the
rapid prototyping fund.
The agreement does not include a provision that establishes
a reporting requirement related to the National Instant
Criminal Background Check System.
The agreement retains a provision that prohibits the use of
funds to award a new TAO Fleet Oiler or FFG Frigate program
contract for the acquisition of certain components unless
those components are manufactured in the United States. The
House bill contained a similar provision.
The agreement modifies a provision proposed by the House
that prohibits funds for the development and design of
certain future naval ships unless any contract specifies that
all hull, mechanical, and electrical components are
manufactured in the United States.
The agreement includes a provision proposed by the House
regarding the prohibition on funds for the decommissioning of
any Littoral Combat Ships.
The agreement includes a provision proposed by the House
regarding a prohibition on the use of funds for gaming or
entertainment that involves nude entertainers.
The agreement modifies a provision proposed by the House
that makes funds available through the Office of Local
Defense Community Cooperation for transfer to the Secretary
of Education, to make grants to construct, renovate, repair,
or expand elementary and secondary public schools on military
installations.
The agreement includes a provision proposed by the House
providing guidance on the implementation of the Policy for
Assisted Reproductive Services for the Benefit of Seriously
or Severely Ill/Injured Active Duty Service Members.
The agreement retains a provision on the use of funds to
modify two F-35 Joint Strike Fighters per variant to a test
configuration. The House bill contained a similar provision.
The agreement does not include a provision proposed by the
House regarding death gratuity payments.
The agreement does not include a provision proposed by the
House regarding advance billing for background
investigations.
The agreement includes a provision proposed by the House
regarding the prohibition of funds from being used to
transfer the National Reconnaissance Office to the Space
Force.
The agreement modifies a provision proposed by the House
that requires the Secretary of Defense to make a
certification prior to the transfer of any element to the
Space Force.
The agreement includes a provision proposed by the House to
prohibit funds to establish a field operating agency of the
Space Force.
The agreement includes a new provision that provides the
authority to exceed Working Capital Fund monetary
limitations.
The agreement does not include a provision proposed by the
House regarding the control and management of the budget for
Cyber Mission Forces.
The agreement does not include a provision regarding fuel
costs.
The bill modifies a provision proposed by the House to
provide funds for agile development, test and evaluation,
procurement, production and modification, and the operation
and maintenance for certain software pilot programs.
The agreement modifies a provision proposed by the House
that provides funding for mitigation of military aircraft
noise.
The agreement does not include a provision proposed by the
House related to section 365 of H.R. 1280 of the 117th
Congress.
The agreement includes a provision proposed by the House
regarding the obligation of funds in anticipation of receipt
of contributions from the Government of Kuwait.
The agreement includes a provision proposed by the House to
require notification of the receipt of contributions from
foreign governments.
The agreement retains a provision regarding the procurement
of certain vehicles in the United States Central Command
area. The House bill contained a similar provision.
The agreement does not include a provision proposed by the
House that provides for the purchase of items of a particular
investment unit cost from funding made available for
operation and maintenance.
The agreement includes a provision proposed by the House
regarding the prohibition on the use of funds with respect to
Iraq in contravention of the War Powers Resolution.
The agreement includes a provision proposed by the House
regarding a prohibition on the use of funds with respect to
Syria in contravention of the War Powers Resolution.
The agreement includes a provision proposed by the House
related to the use of force against Iran and North Korea.
The agreement modifies a prohibition proposed by the House
on the establishment of permanent bases in Iraq or
Afghanistan or United States control over Iraq or Syria oil
resources.
The agreement does not include a provision proposed by the
House regarding foreign bases.
The agreement does not include a provision proposed by the
House regarding quarterly reports on the deployment of United
States Armed Forces.
The agreement modifies a provision proposed by the House
regarding a prohibition on the use of funding under certain
headings to procure or transfer man-portable air defense
systems.
The agreement does not include a provision proposed by the
House regarding the transfer of aircraft to the Afghanistan
Nation Security Forces.
The agreement does not include a provision proposed by the
House regarding the Afghanistan Security Forces Fund.
The agreement does not include a provision proposed by the
House regarding the training and equipment of Afghanistan
Security Forces Fund.
The agreement does not include a provision proposed by the
House regarding the transport and safe passage of Afghans.
The agreement modifies a provision proposed by the House
and provides funding for International Security Cooperation
Programs.
The agreement modifies a provision proposed by the House
that allows for funding appropriated to the Defense Security
Cooperation Agency to be used to support coalition forces to
counter the Islamic State of Iraq and Syria.
The agreement includes a provision proposed by the House to
provide funding to reimburse certain countries for border
security.
The agreement includes a provision proposed by the House to
provide security assistance to the Government of Jordan.
The agreement modifies a provision to provide security
assistance to Ukraine.
The agreement includes a provision proposed by the House
which limits funding to Rosoboronexport.
The agreement retains a provision to provide funding to the
government of Israel for the procurement of the Iron Dome
defense system. The House bill contained no similar
provision.
The agreement includes a provision proposed by the House
that prohibits the use of funds to provide arms, training, or
other assistance to the Azov Battalion.
The agreement does not include a provision proposed by the
House that prohibits funds to support military operations
against Houthis in Yemen.
The agreement does not include a provision proposed by the
House related to an integrated security cooperation strategy.
The agreement does not include a provision proposed by the
House prohibiting the use of funds to operate the detention
facility at United States Naval Station, Guantanamo Bay,
Cuba.
The agreement does not include a provision proposed by the
House related to the El Mozote massacre.
The agreement does not include a provision proposed by the
House related to LED light bulbs.
The agreement includes a provision proposed by the House
that prohibits the use of funds to support any activity
conducted by or associated with the Wuhan Institute of
Virology.
The agreement does not include a provision proposed by the
House that repeals the 2001 Authorization for the Use of
Military Force.
The agreement includes a new provision to prohibit the use
of funds to transfer, release, or assist in the transfer or
release to or within the United States certain detainees.
The agreement includes a new provision to prohibit the use
of funds to transfer any individual detained at United States
Naval Station Guantanamo Bay, Cuba, to the custody or control
of the individual's country of origin or any other foreign
country.
The agreement includes a new provision that prohibits the
use of funds to construct, acquire, or modify any facility in
the United States to house any individual detained at
[[Page H2161]]
United States Naval Station Guantanamo Bay, Cuba.
The agreement includes a new provision which prohibits the
use of funds to carry out the closure of the United States
Naval Station Guantanamo Bay, Cuba.
The agreement includes a provision that amends section 165
of the Continuing Appropriations Act, 2022.
The agreement includes a provision that appropriates
funding for the same purposes and under the same authorities
and conditions as amounts made available in section 165(c) of
the Continuing Appropriations Act, 2022.
The agreement includes a new provision amending the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) with regard to commissions.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2022
The following statement to the House of Representatives and
the Senate is submitted in explanation of the agreed upon Act
making appropriations for energy and water development for
the fiscal year ending September 30, 2022, and for other
purposes.
The explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise
noted, the language set forth in House Report 117-98 and
Senate Report 117-36 carries the same weight as the language
included in this explanatory statement and should be complied
with unless specifically addressed to the contrary in this
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred
to above unless expressly provided herein. Additionally,
where this explanatory statement states that the ``agreement
only includes'' or ``the following is the only'' direction,
any direction included in the House or Senate report on that
matter shall be considered as replaced with the direction
provided within this explanatory statement. In cases where
the House, the Senate, or this explanatory statement has
directed a briefing or the submission of a report, such
briefing or report is to be submitted to the Committees on
Appropriations of both Houses of Congress, hereinafter
referred to as the Committees. House or Senate reporting
requirements with deadlines prior to or within 15 days of
enactment of this Act shall be submitted not later than 60
days after enactment of this Act. All other reporting
deadlines not changed by this explanatory statement are to be
met.
Funds for the individual programs and activities within the
accounts in this Act are displayed in the detailed table at
the end of the explanatory statement for this Act. Funding
levels that are not displayed in the detailed table are
identified in this explanatory statement.
In fiscal year 2022, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-
177), the following information provides the definition of
the term ``program, project, or activity'' for departments
and agencies under the jurisdiction of the Energy and Water
Development and Related Agencies Appropriations Act. The term
``program, project, or activity'' shall include the most
specific level of budget items identified in the Energy and
Water Development and Related Agencies Appropriations Act,
2022 and the explanatory statement accompanying this Act.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022
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, and
the protection of civil rights, 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 submit a report to the Committees on their
efforts relating to such implementation not later than 180
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 submit a
report to the Committees not later than 180 days after
enactment of this Act on their efforts to so participate.
TITLE I--CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables included in this title set forth the
dispositions with respect to the individual appropriations,
projects, and activities of the Corps of Engineers (Corps).
Additional items of this Act are discussed below.
Advanced Funds Agreements.--The agreement reiterates Senate
direction.
Apportionment Under a Continuing Resolution.--The change in
apportionment policy is rejected and the Administration is
directed to follow the previous policy during any continuing
resolutions that may occur in this or any future fiscal
years.
Budget Structure Changes.--The fiscal year 2022 budget
request for the Corps proposed numerous structural changes,
including the creation of two new accounts, Harbor
Maintenance Trust Fund (HMTF) and Inland Waterways Trust Fund
(IWTF); the shifting of various studies and projects among
accounts and business lines; and the consolidation of certain
remaining items. The agreement rejects all such proposed
changes and instead funds all activities in the accounts in
which funding has traditionally been provided. Unless
expressly noted, all projects and studies remain at the
levels proposed in the budget request but may be funded in
different accounts. In particular:
Projects proposed for funding in the HMTF account
in the budget request are funded in the Construction,
Mississippi River and Tributaries, and Operation and
Maintenance accounts, as appropriate;
Projects requested in the IWTF account are shown
in the Construction account;
Dredge Material Management Plans, requested in the
Investigations account, are funded in the Operation and
Maintenance account;
Sand mitigation projects, proposed in the HMTF
account in the budget request, are funded in the Construction
account;
Disposition studies will continue to be funded
under the Disposition of Completed Projects remaining item in
the Investigations account;
Tribal Partnership projects will continue to be
funded under the Tribal Partnership Program remaining item in
the Investigations account as well as in the remaining item
in the Construction account, and these amounts may be used to
cover necessary administrative expenses prior to agreement
execution;
Inspection of Completed Works, Project Condition
Surveys, Scheduling of Reservoir Operations and Surveillance
of Northern Boundary Waters will continue to be funded under
states instead of consolidated into national programs as
requested in the Operation and Maintenance account and the
HMTF account; and
Inspection of Completed Works will continue to be
funded under the individual states instead of consolidated
into a national program as requested in the Mississippi River
and Tributaries account.
For any fiscal year, if the Corps proposes budget structure
changes, the budget proposal shall be accompanied by a
display of the funding request in the traditional budget
structure.
Continuing Contracts.--The Corps is authorized by section
621 of title 33, United States Code, to execute its Civil
Works projects through the use of a Special Continuing
Contract Clause or Incremental Funding Clause as described in
Engineering Circulars 11-2-221 and 11-2-222. The
Administration is directed to resume using its existing
continuing contract authorities in accordance with the
general provisions in this Act as an efficient approach to
managing large, multi-year projects.
Deep Draft Navigation.--The agreement provides an estimated
$2,049,292,000 for HMTF eligible activities in accordance
with the changes in the CARES Act (Public Law 116-136) and
the Water Resources Development Act (WRDA) of 2020 (Public
Law 116-260). The agreement provides $50,000,000 for the
program authorized by section 2106 of the Water Resources and
Reform Development Act (WRRDA) of 2014 (Public Law 113-121).
Inland Navigation.--The following is the only direction
with regard to the availability of additional funds for IWTF
cost-shared projects. The agreement provides funds from the
IWTF for new and ongoing construction projects.
Invasive Carp.--The Corps is undertaking multiple efforts
to stop invasive carp from reaching the Great Lakes. Last
year, the Corps sent Congress an approved Chief's Report for
a plan to build a comprehensive suite of measures to counter
invasive carp at the Brandon Road Lock and Dam, critical to
keeping invasive carp out of the Chicago Area Waterways
System, which is the only continuous connection between the
Great Lakes and Mississippi River basins. There is
appreciation that the project received a positive
recommendation in the Report of the Chief of Engineers and
that funding is included in the fiscal year 2022 budget
request to continue work on preconstruction engineering and
design (PED).
As the Corps prioritizes projects, it shall consider
critical projects to prevent the spread of invasive species.
The Corps is directed to provide to the Committees quarterly
updates on the progress and status of efforts to prevent the
further spread of invasive carp, including the Brandon Road
Recommended Plan and the second array at the Chicago Sanitary
and Ship Canal; the location and density of carp populations;
the use of emergency procedures previously authorized by
Congress; the development, consideration, and implementation
of new technological and structural countermeasures; and
progress on PED work.
The Corps shall continue to collaborate at levels
commensurate with previous years with the U.S. Coast Guard,
the U.S. Fish and Wildlife Service, the State of Illinois,
and members of the Invasive Carp Regional Coordinating
Committee, including identifying navigation protocols that
would be beneficial or effective in reducing the risk of
vessels inadvertently carrying aquatic invasive species,
including invasive carp, through the Brandon Road Lock and
Dam in Joliet, Illinois. Any findings of such an evaluation
shall be included in the quarterly briefings to the
Committees. The Corps is further directed to implement
navigation protocols shown to be effective at reducing the
risk of entrainment without jeopardizing the safety of
vessels and crews. The Corps and other federal and state
agencies are conducting ongoing research on additional
potential invasive carp solutions. The Corps is directed to
provide to the Committees not later than 30 days after
enactment of this Act a briefing on such navigation protocols
and potential solutions.
Reporting Requirement.--The Corps is directed to provide to
the Committees a quarterly report that shall include the
total budget authority and unobligated balances by year for
each program, project, or activity, including any prior year
appropriations.
[[Page H2185]]
The Assistant Secretary of the Army for Civil Works is
directed to provide to the Committees a quarterly report that
includes the total budget authority and unobligated balances
by year for each activity funded in the Office of the
Assistant Secretary of the Army for Civil Works account,
including any prior year appropriations.
Additional Funding
The agreement includes funding above the budget request to
ensure continued improvements to our national economy, public
safety, and environmental health that result from water
resources projects. This funding is for additional work that
either was not included in the budget request or was
inadequately budgeted. The bill contains a provision
requiring the Corps to allocate funds in accordance with only
the direction in this agreement. In lieu of all House and
Senate direction--under any heading--regarding additional
funding, new starts, and the fiscal year 2022 work plan, the
Corps shall follow the direction included in this explanatory
statement.
The executive branch retains complete discretion over
project-specific allocation decisions within the additional
funds provided, subject to only the direction here and under
the heading ``Additional Funding'' or ``Additional Funding
for Ongoing Work'' within each of the Investigations,
Construction, Mississippi River and Tributaries, and
Operation and Maintenance accounts. A study or project may
not be excluded from evaluation for being ``inconsistent with
Administration policy.'' Voluntary funding in excess of
legally-required cost shares for studies and projects is
acceptable, but shall not be used as a criterion for
allocating the additional funding provided or for the
selection of new starts.
The Administration is reminded that these funds are in
addition to the budget request, and Administration budget
metrics shall not be a reason to disqualify a study or
project from being funded. It is expected that all of the
additional funding provided will be allocated to specific
programs, projects, or activities. The focus of the
allocation process shall favor the obligation, rather than
expenditure, of funds. Additionally, the Administration shall
consider the extent to which the Corps is able to obligate
funds as it allocates the additional funding.
The Corps shall evaluate all studies and projects only
within accounts and categories consistent with previous
congressional funding. When allocating the additional funding
provided in this Act, the Corps shall consider eligibility
and implementation decisions under Public Law 115-123, Public
Law 116-20, Public Law 117-43, and Public Law 117-58 so as to
maximize the reduction of risk to public safety and
infrastructure and the reduction of future damages from
floods and storms nationwide.
A project or study shall be eligible for additional funding
within the Investigations, Construction, and Mississippi
River and Tributaries accounts if: (1) it has received
funding, other than through a reprogramming, in at least one
of the previous three fiscal years; or (2) it was previously
funded and could reach a significant milestone, complete a
discrete element of work, or produce significant outputs in
fiscal year 2022. None of the additional funding in any
account may be used for any item where funding was
specifically denied or for projects in the Continuing
Authorities Program (CAP). Funds shall be allocated
consistent with statutory cost share requirements.
The Corps is reminded that the flood and storm damage
reduction mission area can include instances where non-
federal sponsors are seeking assistance with flood control
and unauthorized discharges from permitted wastewater
treatment facilities and that the navigation mission area
includes work in remote and subsistence harbor areas. In
addition to the priority factors used to allocate all
additional funding provided in the Construction account, the
Corps also shall consider the non-federal sponsor's ability
and willingness to promptly provide the required cash
contribution, if any, as well as required lands, easements,
rights-of-way, relocations, and disposal areas.
Work Plan.--The Corps is directed to provide to the
Committees not later than 60 days after enactment of this Act
a work plan including the following information: (1) a
detailed description of the process and criteria used to
evaluate studies and projects; (2) delineation of how these
funds are to be allocated; (3) a summary of the work to be
accomplished with each allocation, including phase of work
and the study or project's remaining cost to complete
(excluding Operation and Maintenance); and (4) a list of all
studies and projects that were considered eligible for
funding but did not receive funding, including an explanation
of whether the study or project could have used funds in
fiscal year 2022 and the specific reasons each study or
project was considered as being less competitive for an
allocation of funds.
New Starts.--The agreement includes funding for a limited
number of new projects, including those proposed in the
budget request. No further new starts are provided for in
this Act.
There continues to be confusion regarding the executive
branch's policies and guidelines regarding which studies and
projects require new start designations. Therefore, the Corps
is directed to notify the Committees at least seven days
prior to execution of an agreement for construction of any
project except environmental infrastructure projects and
projects under the CAP. Additionally, the agreement
reiterates and clarifies previous congressional direction as
follows. Neither study nor construction activities related to
individual projects authorized under section 1037 of the
WRRDA of 2014 shall require a new start or new investment
decision; these activities shall be considered ongoing work.
No new start or new investment decision shall be required
when moving from feasibility to PED. The initiation of
construction of an individually authorized project funded
within a programmatic line item may not require a new start
designation provided that some amount of construction funding
under such programmatic line item was appropriated and
expended during the previous fiscal year. No new start or new
investment decision shall be required to initiate work on a
separable element of a project when construction of one or
more separable elements of that project was initiated
previously; it shall be considered ongoing work. A new
construction start shall not be required for work undertaken
to correct a design deficiency on an existing federal
project; it shall be considered ongoing work. The Corps is
reminded that resumptions are just that--resumption of
previously-initiated studies or projects and, as such, do not
require new start designations.
INVESTIGATIONS
The agreement includes $143,000,000 for Investigations.
The allocation for projects and activities within the
Investigations account is shown in the following table:
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Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding.--The Corps is expected to allocate the
additional funding provided in this account primarily to
specific feasibility and PED phases, rather than to remaining
items as has been the case in previous work plans.
When allocating the additional funding provided in this
account, the Corps shall consider giving priority to
completing or accelerating ongoing studies that will enhance
the nation's economic development, job growth, and
international competitiveness; for projects located in areas
that have suffered recent natural disasters; for projects
that protect life and property, including reducing flood
risks to vulnerable communities or projects that have been
authorized based on their ability to reduce life safety
risks; for projects that have been classified by the Corps as
having a high risk of levee failure and life loss in the last
five fiscal years; for projects whose failure would cause a
release of hazardous material from a Superfund site; or for
projects to address legal requirements. The Corps is urged to
consider any national security benefits a project may have
when allocating this funding. The Corps shall use these funds
for additional work in both the feasibility and PED phases.
The Administration is reminded that a project study is not
complete until the PED phase is complete and that no new
start or new investment decision shall be required when
moving from feasibility to PED.
Coastal Field Data Collection.--The agreement includes an
additional $1,500,000 above the budget request amount of
$1,500,000 to continue data collection and research on the
impact of extreme storms in coastal regions.
Coordination with Other Water Resource Agencies.--
Additional funds are included for continued collaboration
with other federal agencies and stakeholders on invasive
species challenges.
Disposition of Completed Projects.--The Corps is directed
to provide to the Committees copies of disposition studies
upon completion. The agreement rejects the budget request
proposal to fund a disposition study of the Arkansas Red
River Chloride Control project. The Corps is directed to
brief the Committees not later than 60 days after enactment
of this Act on the status of the project.
Flood Policy in Urban Areas.--The agreement reiterates
Senate direction.
McClellan-Kerr Arkansas River Navigation System (MKARNS),
Arkansas and Oklahoma.--The agreement reiterates Senate
direction.
New York-New Jersey Harbor and Tributaries Study.--The
Corps is expected to vigorously engage community groups and
incorporate impacts of low-frequency precipitation and
impacts of sea level rise in the study. The Corps is directed
to provide to the Committees not later than 45 days after
enactment of this Act a briefing on the status of this study.
Non-Contiguous Regional Sediment Study.--The Corps shall,
within available funds in the National Shoreline Management
Study remaining item, conduct a study and provide to the
Committees not later than one year after enactment of this
Act a report on how beneficial uses of dredged material for
non-contiguous states and territories can be applied to
mitigate rising sea levels, including impacts on sensitive
shoreline areas.
Planning Assistance to States.--The agreement notes the
important role the Corps plays in managing flood risk and
threats from coastal hazards and that the Planning Assistance
to States program provides in assisting with comprehensive
plans and technical assistance to eligible state, tribal, or
U.S. territory partners. Accordingly, the agreement provides
$9,000,000 for the program. Within the funds provided, the
Corps is directed to prioritize providing planning-level
technical assistance to coastal federally recognized tribal
communities that are actively working to relocate homes and
other critical infrastructure to higher ground to mitigate
the impacts of climate change. The Corps is directed to
provide to the Committees not later than 45 days after
enactment of this Act a briefing on its efforts to comply
with this directive, how the Corps' existing authorities can
provide assistance to coastal federally recognized tribal
communities actively working to relocate their homes, and how
these authorities could be modernized to better assist these
communities.
Puget Sound Nearshore Study, Washington.--The Corps is
encouraged to proceed with the tiered implementation strategy
using all existing authorities as outlined in the Puget Sound
Nearshore Ecosystem Restoration Project Feasibility Study,
Completion Strategy Guidance dated June 2015. The Corps is
directed to recognize the Puget Sound Nearshore Study as the
feasibility component for the purposes of section 544 of WRDA
2000 (Public Law 106-541). The agreement notes that the Water
Infrastructure Improvements for the Nation (WIIN) Act (Public
Law 114-322) authorized construction of the Puget Sound
Nearshore Ecosystem Restoration Project. The Corps is
reminded that consistent with the direction in this agreement
no new start, new investment decision, or new phase decision
shall be required to continue this project in PED.
Research and Development.--The agreement encourages the
Corps to engage in monitored field trials of coastal
restoration optimized for blue carbon CO2 sequestration. The
Corps is directed to provide to the Committees not later than
180 days after enactment of this Act a briefing on such
efforts and how the Corps collaborates with other federal and
state agencies on these issues. The Corps is also encouraged
to collaborate with university partners to improve the
capabilities for improving the integrity and performance of
the nation's levee systems. The agreement provides $4,000,000
to modernize existing Corps coastal and hydraulics models and
integrate them to make them accessible for use by other
agencies, universities, and the public. The Corps is directed
to investigate the presence, geochemistry, and potential
recovery of rare earth elements in dredged materials. The
Corps is reminded that activities related to innovative
materials, as required under section 1208 of America's Water
Infrastructure Act (AWIA) of 2018, are eligible for funding
under the Research and Development remaining item.
Research and Development, Biopolymers.--The agreement
provides $6,000,000 to continue research activities. With
continued funding, it is understood that this effort will be
completed in two years.
Research and Development, Ecohydraulics.--The Corps is
encouraged to consider advancement and implementation of
capabilities regarding ecohydraulic data and models to
support project planning and engineering models for decision
making and advance ecohydraulics tools.
Research and Development, Flood and Coastal Systems.--The
agreement provides $5,000,000 to utilize partnerships to
research and develop advanced technology to automate
assessment and inspection of flood control systems. The Corps
is directed to provide to the Committees not later than 90
days after enactment of this Act a proposal for this effort,
including a detailed scope of work with a breakdown of
research activities, work to be performed by the Corps and
academia, specific deliverables, and schedule and funding
requirements. This work shall be for the purpose of
identifying levee deficiencies, such as slope instability,
settlement and seepage, and ensuring the safety of the
surrounding areas and communities.
Research and Development, Freshwater Intrusions.--There is
recognition of the need to develop tools to assess, forecast,
and proactively manage the hydrodynamic and environmental
impacts of large-scale freshwater intrusion into the
Mississippi Sound and surrounding waters. These consistent
freshwater intrusions have been detrimental to the
Mississippi Sound and the U.S. blue economy. The Corps is
encouraged to partner with academia with expertise in coastal
processes and ocean and hydrodynamic modeling to develop
these tools.
Research and Development, Future Work.--The value of
research topics currently being addressed by the Army
Engineer Research and Development Center (ERDC) toward
advancing the Civil Works missions of the Corps is valued and
recognized. It is understood that the ERDC and the Corps have
identified a series of critical research categories that will
advance the efficient implementation of the Civil Works
mission and provide value to the nation. It is understood
that responding to these research needs can benefit the Corps
by leveraging the expertise of universities through
partnerships. The ERDC is directed to provide to the
Committees not later than 90 days after enactment of this Act
a briefing on future research needs (including multi-year
funding requirements) and potential university partnerships
related to its strategic goals.
Research and Development, Managing Emerging Threats and
Resilience for Flood Control Structures.--The Corps is
encouraged to research, test, and refine the use of rapid,
repeatable, and remote methods for long-term monitoring of
critical water infrastructure and to partner with academia to
research and manage emerging threats and attain resilience
for flood control structures.
Research and Development, Modeling.--The agreement provides
$4,000,000 to support ongoing research into geochemical,
geophysical, and sedimentological analysis and modeling. It
is understood that with continued funding this effort will be
completed in three years.
Research and Development, Oyster Reef Restoration.--The
importance of sustainable oyster reefs for maintaining
healthy ecosystems, protecting coastal infrastructure, and
supporting commercial fisheries is recognized. Recent
restoration efforts have not achieved the intended success
for U.S. oyster populations, and the identification of
effective restoration strategies remains a critical gap. The
agreement provides $3,000,000 for these activities. It is
understood this effort will be completed in fiscal year 2022.
The Corps is encouraged to develop partnerships with research
universities to leverage their expertise to enhance these
activities.
Research and Development, Polymer Composites.--The Corps is
directed to provide to the Committees not later than 90 days
after enactment of this Act a proposal for investigating the
value of incorporating polymer composites into infrastructure
application in navigable waterways. The proposal shall
include a detailed scope of work, a breakdown of research
activities, work to be performed by the Corps and academia,
specific deliverables, and schedule and funding requirements.
Research and Development, Subsurface Drains.--The Corps is
directed to provide to the Committees not later than 90 days
after enactment of this Act a briefing on research and
development opportunities of subsurface
[[Page H2192]]
drain systems pursuant to section 227 of WRDA 2020.
Research and Development, Urban Flood Damage Reduction.--
The agreement includes $3,000,000 for the Corps to continue
its focus on the management of water resources infrastructure
and projects that promote public safety, reduce risk, improve
operational efficiencies, reduce flood damage, and sustain
the environment. Work should focus on unique western U.S.
issues like wildfire, rain-on-snow, atmospheric rivers
effects on flood risk management, and bridging the connection
between climate change science and engineering application
for flood risk management, emergency management, and
ecosystem management. The tools and technologies developed
under this program should also be applicable to other parts
of the country. It is understood that with continued funding
this effort will be completed in three years.
Tenkiller Ferry Lake.--The agreement reiterates Senate
language.
CONSTRUCTION
The agreement includes $2,492,800,000 for Construction.
The allocation for projects and activities within the
Construction account is shown in the following table:
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Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding.--The agreement includes additional
funds for projects and activities to enhance the nation's
economic development, job growth, and international
competitiveness.
Of the additional funding provided in this account for
environmental restoration or compliance and other authorized
project purposes, the Corps shall allocate not less than
$14,282,000 for execution of comprehensive restoration plans
developed by the Corps for major bodies of water.
Of the additional funds provided in this account for flood
and storm damage reduction, navigation, and other authorized
project purposes, the Corps shall allocate not less than
$15,000,000 to authorized reimbursements for projects with
executed project partnership agreements and that have
completed construction or where non-federal sponsors intend
to use the funds for additional water resource development
activities.
Public Law 115--123, Public Law 116--20, Public Law 117--
43, and Public Law 117--58 included funding within the Flood
Control and Coastal Emergencies account to restore authorized
shore protection projects to full project profile. That
funding is expected to address most of the current year
capability. Therefore, to ensure funding is not directed to
where it cannot be used, the agreement includes $19,833,000
for construction of shore protection projects. The Corps is
reminded that if additional work can be done, these projects
are also eligible to compete for additional funding for flood
and storm damage reduction.
The agreement includes $13,000,000 in additional funding
for environmental infrastructure projects and no further
direction.
When allocating the additional funding provided in this
account, the Corps is encouraged to evaluate authorized
reimbursements in the same manner as if the projects were
being evaluated for new or ongoing construction. The Corps
shall not condition these funds, or any funds appropriated in
this Act, on a non-federal interest paying more than its
required share in any phase of a project. When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to the following:
1. benefits of the funded work to the national economy;
2. extent to which the work will enhance national,
regional, or local economic development;
3. number of jobs created directly and supported in the
supply chain by the funded activity;
4. significance to national security, including the
strategic significance of commodities;
5. ability to obligate the funds allocated within the
calendar year, including consideration of the ability of the
non-federal sponsor to provide any required cost share;
6. ability to complete the project, separable element, or
project phase with the funds allocated;
7. legal requirements, including responsibilities to
tribes;
8. effect on alleviating water supply issues in areas that
have been afflicted by severe droughts in the past four
fiscal years, including projects focused on the treatment of
brackish water;
9. for flood and storm damage reduction projects (including
authorized nonstructural measures and periodic beach
renourishments):
a. population, safety of life, economic activity, or public
infrastructure at risk, as appropriate;
b. the severity of risk of flooding or the frequency with
which an area has experienced flooding; and
c. preservation of historically significant communities,
culture, and heritage;
10. for shore protection projects, projects in areas that
have suffered severe beach erosion requiring additional sand
placement outside of the normal beach renourishment cycle or
in which the normal beach renourishment cycle has been
delayed, and projects in areas where there is risk to life
and public health and safety and risk of environmental
contamination;
11. for mitigation projects, projects with the purpose to
address the safety concerns of coastal communities impacted
by federal flood control, navigation, and defense projects;
12. for navigation projects, the number of jobs or level of
economic activity to be supported by completion of the
project, separable element, or project phase;
13. for other authorized project purposes and environmental
restoration or compliance projects, to include the beneficial
use of dredged material; and
14. for environmental infrastructure, projects with the
greater economic impact, projects in rural communities,
projects in communities with significant shoreline and
instances of runoff, projects in or that benefit counties or
parishes with high poverty rates, projects owed past
reimbursements, projects in financially-distressed
municipalities, projects that improve stormwater capture
capabilities, projects that provide backup raw water supply
in the event of an emergency, and projects that will provide
substantial benefits to water quality improvements.
Aquatic Plant Control Program.--Of the additional funding
provided for the Aquatic Plant Control Program, $17,000,000
shall be for watercraft inspection stations and rapid
response, as authorized in section 104 of the River and
Harbor Act of 1958, equally distributed to carry out
subsections (d)(1)(A)(i), (d)(1)(A)(ii), and (d)(1)(A)(iii),
and $3,000,000 shall be for related monitoring as authorized
by section 1170 of the AWIA. The agreement provides
$1,000,000 for activities for monitoring, surveys, and
control of flowering rush and hydrilla. Additionally,
$7,000,000 shall be for nationwide research and development
to address invasive aquatic plants, within which the Corps is
encouraged to support cost-shared aquatic plant management
programs. Particularly, the Corps is encouraged to evaluate
and address prevention of new infestations of hydrilla in the
Connecticut River Basin. The agreement also provides $150,000
to commence activities authorized under section 509 of WRDA
2020, and the Corps is directed to provide to the Committees
prior to the obligation of any funds for this purpose a
briefing on how it will implement this program. The agreement
provides additional funding for activities authorized by
section 505 of WRDA 2020, and the Corps is directed to
provide to the Committees prior to the obligation of any
funds for this purpose a briefing on how it will implement
this program.
Beneficial Use of Dredged Material Pilot Program.--The
agreement provides $2,044,000 to continue the pilot projects
to demonstrate the economic benefits and impacts of
environmentally sustainable maintenance dredging methods that
provide for ecosystem restoration and resilient protective
measures. Cost sharing for these projects shall be in
accordance with subsection (e) of section 1122 of the WIIN
Act of 2016 (Public Law 114-322). The Corps is directed to
provide to the Committees not later than 90 days after
enactment of this Act a briefing on the lessons learned from
the pilot program, including the economic effects,
environmental impacts and effects, alternative dredged
material disposal locations and the use of alternative
dredging equipment. The Corps is further directed to provide
to the Committees prior to any effort to solicit or select
any additional pilot projects a briefing on the status of the
program.
Bipartisan Budget Act of 2018.--Significant concerns
persist about the implementation of funding provided in the
Bipartisan Budget Act of 2018 (BBA18) (Public Law 115-123)
for completing high-priority flood control construction
projects. Notably, the decision to publish a list of projects
to be funded using outdated cost estimates and an inadequate
risk reserve for these projects has led to serious challenges
in execution and unnecessary delays in advancing project
construction. The executive branch is reminded that the
intent of the direction to complete projects using BBA18
funds was to avoid starting more projects than could be
finished using those funds. The Administration should
consider all available opportunities to advance projects,
including discrete elements, that already received BBA18
allocations. To do otherwise would be penalizing local
communities for the fundamental mistakes of the executive
branch.
The Corps shall provide quarterly reports on the obligation
of funds as required by law. The lack of transparency and
progress is unacceptable. The Corps is directed to provide to
the Committees not later than 30 days after enactment of this
Act, and monthly thereafter, a briefing on the status of the
program and the plan for completion of projects.
Camp Ellis Beach, Saco, Maine.--The agreement reiterates
Senate direction.
Chesapeake Bay Comprehensive Water Resources and
Restoration Plan and Oyster Recovery Program.--The Corps is
reminded that the Chesapeake Bay Comprehensive Water
Resources and Restoration Plan and the Chesapeake Bay Oyster
Recovery Program are eligible to compete for the additional
funding provided in this account, and the Corps is encouraged
to provide appropriate funding in future budget requests.
Columbia River Treaty.--The agreement reiterates Senate
direction.
Construction Funding Schedules.--The agreement reiterates
Senate direction.
Continuing Authorities Program (CAP).--Funding is provided
for eight CAP sections at a total of $53,000,000. The
management of CAP should continue consistent with direction
provided in previous fiscal years.
The Corps shall allow for the advancement of flood control
projects in combination with ecological benefits using
natural and nature-based solutions alone, or in combination
with, built infrastructure where appropriate for reliable
risk reduction during the development of projects under CAP
205.
Howard Hanson Dam, Washington.--The Corps is directed to
work expeditiously on this project in order to meet the 2030
deadline established in the Biological Opinion. The Corps is
encouraged to continue efforts to fully implement the
jeopardy Biological Opinion determining the impact of ongoing
operations of Howard Hanson Dam and specifically the ongoing
work to construct a downstream fish passage facility.
Kentucky Lock and Dam, Kentucky.--There is concern about
major delays on construction projects, particularly the
Kentucky Lock and Dam, which was provided funding by the
Infrastructure Investment and Jobs Act (Public Law 117-58)
that the Administration states will physically complete and
fiscally close out the project. The Corps is strongly urged
to prioritize completing this project per the scheduled
completion date of 2025.
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Matagorda Ship Channel, Texas.--The non-federal sponsor has
proposed a plan for expediting the continued construction and
expansion of the Matagorda Ship Channel. Completion of this
project is critical to remedying original project design
deficiencies, decreasing accidents, and adequately
accommodating existing fully loaded vessels. Furthermore,
completed expansion has the potential to provide major
economic growth for the region and is to be commended for its
unique public-private partnership to complete. The
Administration is urged to review the proposed plan as
expeditiously as possible so construction can proceed.
South Florida Ecosystem Restoration (SFER), Florida.--As in
previous years, the agreement provides funding for all study
and construction authorities related to Everglades
restoration under the line item titled ``South Florida
Ecosystem Restoration, Florida.'' This single line item
allows the Corps flexibility in implementing the numerous
activities underway in any given fiscal year. For fiscal year
2022, the Corps is directed to make publicly available a
comprehensive snapshot of all SFER cost share accounting down
to the project level and to ensure the accuracy of all budget
justification sheets that inform SFER Integrated Financial
Plan documents by September 30, 2022.
MISSISSIPPI RIVER AND TRIBUTARIES
The agreement includes $370,000,000 for Mississippi River
and Tributaries.
The allocation for projects and activities within the
Mississippi River and Tributaries account is shown in the
following table:
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Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding.--When allocating the additional funding
provided in this account, the Corps shall consider giving
priority to completing or accelerating ongoing work that will
enhance the nation's economic development, job growth, and
international competitiveness or for studies or projects
located in areas that have suffered recent natural disasters.
While this funding is shown under remaining items, the Corps
shall use these funds in investigations, construction, and
operation and maintenance, as applicable. When allocating
additional funds recommended in this account, the Corps is
directed to give adequate consideration to cooperative
projects addressing watershed erosion, sedimentation,
flooding, and environmental degradation.
Lower Mississippi River Main Stem.--The budget request
proposes to consolidate several activities across multiple
states into one line item. The agreement does not support
this change and instead continues to fund these activities as
separate line items.
Mississippi River Commission.--No funding is provided for
this new line item. The Corps is directed to continue funding
the costs of the commission from within the funds provided
for activities within the Mississippi River and Tributaries
project.
Yazoo Basin, Yazoo Backwater Area, Mississippi.--For
mitigation of previously constructed features.
OPERATION AND MAINTENANCE
The agreement includes $4,570,000,000 for Operation and
Maintenance.
The allocation for projects and activities within the
Operation and Maintenance account is shown in the following
table:
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Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding for Ongoing Work.--Of the additional
funding provided in this account, the Corps shall allocate
not less than $7,500,000 to complete water control manual
updates at projects identified on the comprehensive list
developed by the Corps and referenced in this account under
the headings ``Water Control Manuals''', including in regions
impacted by atmospheric rivers and where enhanced forecasting
can improve water operations.
Of the additional funding provided in this account for
other authorized project purposes, the Corps shall allocate
not less than $2,000,000 for efforts to combat invasive
mussels at Corps-owned reservoirs.
When allocating the additional funding provided in this
account, the Corps shall consider giving priority to the
following:
1. ability to complete ongoing work maintaining authorized
depths and widths of harbors and shipping channels (including
small, remote, or subsistence harbors), including where
contaminated sediments are present;
2. ability to address critical maintenance backlog;
3. presence of the U.S. Coast Guard;
4. extent to which the work will enhance national,
regional, or local economic development, including domestic
manufacturing capacity;
5. extent to which the work will promote job growth or
international competitiveness;
6. number of jobs created directly by the funded activity;
7. ability to obligate the funds allocated within the
calendar year;
8. ability to complete the project, separable element,
project phase, or useful increment of work within the funds
allocated;
9. ability to address hazardous barriers to navigation due
to shallow channels;
10. dredging projects that would provide supplementary
benefits to tributaries and waterways in close proximity to
ongoing island replenishment projects;
11. risk of imminent failure or closure of the facility;
12. extent to which the work will promote recreation-based
benefits, including those created by recreational boating;
13. improvements to federal breakwaters and jetties where
additional work will improve the safety of navigation and
stabilize infrastructure to prevent continued deterioration;
14. for harbor maintenance activities:
a. total tonnage handled;
b. total exports;
c. total imports;
d. dollar value of cargo handled;
e. energy infrastructure and national security needs
served;
f. designation as strategic seaports;
g. maintenance of dredge disposal activities;
h. lack of alternative means of freight movement;
i. savings over alternative means of freight movement; and
j. improvements to dredge disposal facilities that will
result in long-term savings, including a reduction in regular
maintenance costs.
Aquatic Nuisance Control Research Program.--The agreement
provides $8,000,000 to supplement activities related to
harmful algal bloom research and control and directs the
Corps to target freshwater ecosystems. There is awareness of
the need to develop next generation ecological models to
maintain inland and intracoastal waterways and the agreement
provides $5,600,000 for this purpose.
The agreement provides $4,000,000 to establish the Harmful
Algal Bloom Demonstration Program, as authorized by WRDA
2020, and the Corps is directed to provide to the Committees
prior to the obligation of any funds for this purpose a
briefing on how it will implement this program.
Additional funding recommended in this remaining item is to
supplement and advance Corps activities to address HABs
including: early detection, prevention, and management
techniques and procedures to reduce the occurrence and
impacts of harmful algal blooms in our nation's water
resources; work with university partners to develop
prediction, avoidance, and remediation measures focused on
environmental triggers in riverine ecosystems; and to advance
state-of-the-art Unmanned Aerial Systems based detection,
monitoring, and mapping of invasive aquatic plant species in
conjunction with university partners.
The agreement provides $500,000 for the Corps, in
partnership with other federal partners, to begin planning,
design, initial engineering, and project management for
construction of carp barriers in the Mississippi River Basin
and the Tennessee-Tombigbee waterway.
Asset Management/Facilities and Equipment Maintenance.--The
agreement provides $2,000,000 for research on novel
approaches to repair and maintenance practices that will
increase civil infrastructure intelligence and resilience. A
review of the Corps inventory, in accordance with section
6002 of the WRRDA of 2014, should be completed with funds on
hand. The Corps is directed to provide to the Committees not
later than 60 days after enactment of this Act an interim
progress report.
Beneficial Use of Dredged Material.--The agreement
reiterates House direction.
Coastal Inlets Research Program.--The agreement includes
additional funding for the Corps-led, multi-university effort
to identify engineering frameworks to address coastal
resilience needs; to develop adaptive pathways that lead to
coastal resilience; that measure the coastal forces that lead
to infrastructure damage and erosion during extreme storm
events; and to improve coupling of terrestrial and coastal
models. Additional funding is also provided for the Corps to
continue work with the National Oceanic and Atmospheric
Administration's National Water Center on protecting the
nation's water resources.
Dredging Operations Technical Support Program, Integrated
Navigation Analysis and Systems Enhancements.--The agreement
provides additional funds in the remaining item Dredging Data
and Lock Performance Monitoring System and in the remaining
item Dredging Operations Technical Support Program to
continue work.
Dredging Operations Technical Support Program, Integrated
Navigation Analysis and Visualization.--Additional funding is
included for the further development of the Integrated
Navigation Analysis and Visualization platform related to the
operation and maintenance of the U.S. Marine Transportation
System.
Electric Vehicle Fleet and Charging Infrastructure.--The
Corps is directed to provide to the Committees not later than
120 days after enactment of this Act a briefing on the status
of this initiative.
Emerging Harbor Projects.--The agreement includes funding
for individual projects defined as emerging harbor projects
in section 210(f)(2) of the WRDA 1986 that exceeds the
funding levels envisioned in sections 210(c)(3) and
210(d)(1)(B)(ii) of the WRDA 1986.
Engineering With Nature.--The agreement provides
$16,250,000 for the Engineering with Nature (EWN) initiative.
Of the funding provided in this remaining item, up to
$5,000,000 is provided to employ nature-based tools and
principles to support civil works flood control and ecosystem
management planning objectives and operations in the
Chesapeake Bay.
Funding under this line item is intended for EWN activities
having a national or regional scope or that benefit the
Corps' broader execution of its mission areas. It is not
intended to replace or preclude the appropriate use of EWN
practices at districts using project-specific funding or work
performed across other Corps programs that might involve EWN.
Of the funding provided in this remaining item, $5,000,000
is to support ongoing research and advance work with
university partners to develop standards, design guidance,
and testing protocols to improve and standardize nature-based
and hybrid infrastructure solutions.
Federal Breakwaters and Jetties.--The agreement reiterates
House direction.
Flood and Earthquake Modeling.--Additional funds are
recommended in the Earthquake Hazards Reduction Program to
develop a plan for leveraging existing knowledge related to
potential seismic concerns relevant to levees.
Forecast-Informed Reservoir Operations.--The agreement
reiterates Senate direction.
Harmful Algal Bloom and Hypoxia Research and Control Act.--
The agreement reiterates House direction.
Levee Safety.--In fiscal year 2020, Congress provided
$15,000,000 to implement levee safety initiatives to meet the
requirements under section 3016 of WRRDA. These funds are
expected to be sufficient to complete Phase II activities.
The Corps is directed to provide to the Committees not later
than 90 days after enactment of this Act a briefing on its
efforts to implement the National (Levee) Flood Inventory and
Inspection of Completed Federal Flood Control Projects as
well as a report detailing how it will comply with section
131 of WRDA 2020.
Monitoring of Completed Navigation Projects, Fisheries.--
Within available funds for ongoing work, the Corps is
directed to continue this research at not less than the
fiscal year 2021 level.
Monitoring of Completed Navigation Projects, Structural
Health Monitoring.--The agreement provides $4,000,000 to
support the structural health monitoring program.
National Coastal Mapping Program.--The agreement includes
$5,000,000 for Arctic coastal mapping needs. Additionally,
the agreement reiterates Senate direction on the notification
requirement.
Performance Based Budgeting Support Program.--Of the
funding provided for this remaining item, $2,500,000 shall be
used to support performance-based methods that enable robust
budgeting of the hydropower program.
Recreational Facilities.--The agreement reiterates House
direction.
Regional Sediment Management.--The agreement provides
$5,000,000 to continue Corps research and development into
enhanced forecasting capabilities. Funds are also provided to
support cooperative efforts between the Corps and academia to
address compound flooding issues.
Small, Remote, or Subsistence Harbors.--The agreement
emphasizes the importance of ensuring that our country's
small and low-use ports remain functional. The Corps is
encouraged to consider expediting scheduled maintenance at
small and low use ports that have experienced unexpected
levels of deterioration since their last dredging.
Tuttle Creek Lake, KS.--The additional funding provided is
for Water Injection Dredging efforts.
[[Page H2225]]
Upper St. Anthony Falls, Minnesota.--WRDA 2020 encouraged
the Corps to continue to operate and maintain the Upper St.
Anthony Falls Lock and Dam. The Corps is further reminded
that the Upper St. Anthony Falls project remains an
authorized federal project that requires routine maintenance
and is eligible to compete for additional funding provided in
this account.
Water Control Manuals.--The agreement reiterates House
direction.
Water Control Manuals, Section 7 Dams.--The Corps is
reminded that updates to water control manuals for non-Corps
owned high hazard dams are eligible for additional funding
provided in the agreement where: (1) the Corps has a
responsibility for flood control operations under section 7
of the Flood Control Act of 1944; (2) the dam requires
coordination of water releases with one or more other high-
hazard dams for flood control purposes; and (3) the dam owner
is actively investigating the feasibility of applying
forecast-informed reservoir operations technology.
Water Operations Technical Support (WOTS).--The agreement
provides $5,000,000 in addition to the budget request to
continue research into atmospheric rivers and for improved
weather forecasting for Corps reservoir and waterway
projects.
Damage Repairs to Corps Projects.--The Administration is
reminded that traditionally, funding for disaster response
has been provided in supplemental appropriations legislation,
including recently in 2018 (Public Law 115-123), 2019 (Public
Law 116-20), and 2021 (Public Law 117-43 and Public Law 117-
58) and that amounts necessary to address damages at Corps
projects in response to natural disasters can be significant.
Accordingly, the agreement directs the Administration to
fund repairs to projects damaged by natural disasters that
were included in the fiscal year 2022 budget request with
available previously appropriated emergency supplemental
funds. The following table shows the project name and funding
amount requested for each project:
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REGULATORY PROGRAM
The agreement includes $212,000,000 for the Regulatory
Program.
Permit Application Backlogs.--The agreement reiterates
House direction.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The agreement includes $300,000,000 for the Formerly
Utilized Sites Remedial Action Program.
FLOOD CONTROL AND COASTAL EMERGENCIES
The agreement includes $35,000,000 for Flood Control and
Coastal Emergencies. As the nation experiences severe weather
events more frequently, there is appreciation for the work
the Corps undertakes with this funding. The Administration is
reminded that traditionally, funding for disaster response
has been provided in supplemental appropriations legislation,
including recently in 2018 (Public Law 115-123), 2019 (Public
Law 116-20), and 2021 (Public Law 117-43 and Public Law 117-
58) and that amounts necessary to address damages at Corps
projects in response to natural disasters can be significant.
The Administration is again reminded that it has been
deficient in providing to the Committee statutorily-required
detailed estimates of damages to Corps projects as required
by Public Law 115-123 and such reports shall be submitted to
the Committees not later than 15 days after enactment of this
Act and monthly thereafter.
EXPENSES
The agreement includes $208,000,000 for Expenses.
Additional funds recommended in this account shall be used
only to support implementation of the Corps' Civil Works
program, including hiring additional full-time equivalents.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
The agreement includes $5,000,000 for the Office of the
Assistant Secretary of the Army for Civil Works. The
agreement includes legislative language that restricts the
availability of 25 percent of the funding provided in this
account until such time as at least 95 percent of the
additional funding provided in each account has been
allocated to specific programs, projects, or activities. This
restriction shall not affect the roles and responsibilities
established in previous fiscal years of the Office of the
Assistant Secretary of the Army for Civil Works, the Corps
headquarters, the Corps field operating agencies, or any
other executive branch agency.
A timely and accessible executive branch in the course of
fulfilling its constitutional role in the appropriations
process is essential. The requesting and receiving of basic,
factual information, such as budget justification materials,
is vital in order to maintain a transparent and open
governing process. The agreement recognizes that some
discussions internal to the executive branch are pre-
decisional in nature and, therefore, not subject to
disclosure. However, the access to facts, figures, and
statistics that inform these decisions are not subject to
this same sensitivity and are critical to the budget process.
The Administration shall ensure timely and complete responses
to these inquiries.
Administrative Costs.--To support additional transparency
in project costs, the Secretary is directed to ensure that
future budget requests specify the amount of anticipated
administrative costs for individual projects.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT
The agreement provides $7,200,000 for the Water
Infrastructure Finance and Innovation Program Account.
The agreement makes $2,200,000 available to the Secretary
for program development, administration, and oversight,
including but not limited to publishing the final fee and
program rules, criteria for project eligibility, and Notice
of Funding Availability. The agreement includes $5,000,000
for the financial assistance authorized by Water
Infrastructure Finance and Innovation Act (Public Law 113-
121) program. The fiscal year 2021 Act provided funds to
publish the final fee and program rules and Notice of Funding
Availability. The Administration is reminded that the
publication of these rules is necessary to move forward with
the program and is directed to expeditiously publish the
rules.
General Provisions--Corps of Engineers--Civil
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision relating to
reprogramming.
The agreement includes a provision regarding the allocation
of funds.
The agreement includes a provision prohibiting the use of
funds to carry out any contract that commits funds beyond the
amounts appropriated for that program, project, or activity.
The agreement includes a provision funding transfers to the
Fish and Wildlife Service.
The agreement includes a provision regarding certain
dredged material disposal activities. The Corps is directed
to brief the Committees not later than 90 days after
enactment of this Act on dredged material disposal issues.
The agreement includes a provision regarding reallocations
at a project.
The agreement includes a provision prohibiting the use of
funds in this Act for reorganization of the Civil Works
program. Nothing in this Act prohibits the Corps from
contracting with the National Academy of Sciences to carry
out the study authorized by section 1102 of the AWIA (Public
Law 115-270).
The agreement includes a provision regarding eligibility
for additional funding. Whether a project is eligible for
funding under a particular provision of additional funding is
a function of the technical details of the project; it is not
a policy decision. The Chief of Engineers is the federal
government's technical expert responsible for execution of
the Civil Works program and for offering professional advice
on its development. Therefore, the provision in this
agreement clarifies that a project's eligibility for
additional funding shall be solely the professional
determination of the Chief of Engineers.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
The agreement includes a total of $23,000,000 for the
Central Utah Project Completion Account, which includes
$16,450,000 for Central Utah Project construction, $5,000,000
for transfer to the Utah Reclamation Mitigation and
Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission, and $1,550,000 for
necessary expenses of the Secretary of the Interior.
Bureau of Reclamation
In lieu of all House and Senate direction regarding
additional funding and the fiscal year 2022 work plan, the
agreement includes direction under the heading ``Additional
Funding for Ongoing Work'' in the Water and Related Resources
account.
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,747,101,000 for Water and Related
Resources.
The agreement for Water and Related Resources is shown in
the following table:
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[[Page H2240]]
Additional Funding for Ongoing Work.--The agreement
includes funds above the budget request for Water and Related
Resources studies, projects, and activities. This funding is
for additional work that either was not included in the
budget request or was inadequately budgeted. Priority in
allocating these funds should be given to advance and
complete ongoing work, including preconstruction activities
and where environmental compliance has been completed;
improve water supply reliability; improve water deliveries;
enhance national, regional, or local economic development;
promote job growth; advance tribal and nontribal water
settlement studies and activities; or address critical
backlog maintenance and rehabilitation activities.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $117,250,000 shall be
for water storage projects as authorized in section 4007 of
the WIIN Act (Public Law 114-322).
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $25,000,000 shall be for
implementing the Drought Contingency Plan in the Lower
Colorado River Basin to create or conserve recurring Colorado
River water that contributes to supplies in Lake Mead and
other Colorado River water reservoirs in the Lower Colorado
River Basin or projects to improve the long-term efficiency
of operations in the Lower Colorado River Basin, consistent
with the Secretary's obligations under the Colorado River
Drought Contingency Plan Authorization Act (Public Law 116-
14) and related agreements. None of these funds shall be used
for the operation of the Yuma Desalting Plant and nothing in
this section shall be construed as limiting existing or
future opportunities to augment the water supplies of the
Colorado River.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', not less than $5,000,000
shall be for construction activities related to projects
found to be feasible by the Secretary and that are ready to
initiate for the repair of critical Reclamation canals where
operational conveyance capacity has been seriously impaired
by factors such as age or land subsidence, especially those
that would imminently jeopardize Reclamation's ability to
meet water delivery obligations.
Of the additional funding provided under the heading
``Environmental Restoration or Compliance'', not less than
$10,000,000 shall be for activities authorized under sections
4001 and 4010 of the WIIN Act (Public Law 114-322) or as set
forth in federal-state plans for restoring threatened and
endangered fish species affected by the operation of
Reclamation's water projects.
Of the additional funding provided under the heading ``Fish
Passage and Fish Screens'', $6,000,000 shall be for the
Anadromous Fish Screen Program.
Reclamation is directed to provide to the Committees not
later than 45 days after enactment of this Act a report
delineating how these funds are to be distributed, in which
phase the work is to be accomplished, and an explanation of
the criteria and rankings used to justify each allocation.
Reclamation is reminded that the following activities are
eligible to compete for funding under the appropriate
heading: activities authorized under Indian Water Rights
Settlements; aquifer recharging efforts to address the
ongoing backlog of related projects; all authorized rural
water projects, including those with tribal components, those
with non-tribal components, and those with both; conjunctive
use projects and other projects to maximize groundwater
storage and beneficial use; ongoing work, including
preconstruction activities, on projects that provide new or
existing water supplies through additional infrastructure;
and activities authorized under section 206 of Public Law
113--235.
Aquifer Recharge.--Of the funds provided in this account
above the budget request, $18,000,000 shall be for Aquifer
Storage and Recovery projects focused on ensuring sustainable
water supply and protecting water quality of aquifers in the
Great Plains Region with shared or multi-use aquifers, for
municipal, agricultural irrigation, industrial, recreation,
and domestic users.
Boulder Canyon Project, Dam Fund.--The agreement reiterates
Senate direction.
Klamath Basin Project.--Reclamation is encouraged to
continue collaborative agreements with state agencies to
support ground water monitoring in the Klamath Basin.
Further, Reclamation is directed to consider restoring
agreements with Klamath Basin tribes to support surface
monitoring efforts and to provide to the Committees not later
than 90 days after enactment of this Act a briefing on the
status of such agreements.
Research and Development: Desalination and Water
Purification Program.--Of the funding provided for this
program, $10,500,000 shall be for desalination projects as
authorized in section 4009(a) of Public Law 114-322.
Research and Development: Science and Technology Program:
Airborne Snow Observatory Program.--The agreement provides an
additional $2,000,000 for this program, which advances snow
and water supply forecasting.
Research and Development: Science and Technology Program:
Snow Modeling Data Processing.--The agreement provides an
additional $1,500,000 to support Reclamation's efforts to
support the U.S. Department of Agriculture and National
Oceanic and Atmospheric Administration efforts to improve
real-time and derived snow water equivalent information such
that it can be immediately used for water resources decision-
making.
Rural Water Projects.--Reclamation is reminded that
voluntary funding in excess of legally required cost shares
for rural water projects is acceptable, but shall not be used
by Reclamation as a criterion for allocating additional
funding provided in this agreement or for budgeting in future
years.
Salton Sea.--Reclamation is directed to provide to the
Committees not later than 90 days after enactment of this Act
a briefing on Reclamation's plan for managing the air quality
impacts of the estimated 8.75 square miles of lands it owns
that will emerge from the receding Sea over the next decade.
San Joaquin River Restoration.--Permanent appropriations,
newly available for the program in fiscal year 2020, should
not supplant continued annual appropriations. Reclamation is
encouraged to include adequate funding in future budget
requests.
Upper Rio Grande Basin Study.--The agreement reiterates
House and Senate direction.
Verde River Basin.--The agreement reiterates House
direction.
WaterSMART Program: Title XVI Water Reclamation & Reuse
Program.--Of the additional funding provided for this
program, $17,500,000 shall be for water recycling and reuse
projects as authorized in section 4009(c) of Public Law 114-
322.
CENTRAL VALLEY PROJECT RESTORATION FUND
The agreement provides $56,499,000 for the Central Valley
Project Restoration Fund.
CALIFORNIA BAY DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $33,000,000 for the California Bay-
Delta Restoration Program.
POLICY AND ADMINISTRATION
The agreement provides $64,400,000 for Policy and
Administration.
ADMINISTRATIVE PROVISION
The agreement includes a provision limiting Reclamation to
purchase not more than thirty passenger vehicles for
replacement only.
General Provisions--Department of the Interior
The agreement includes a provision outlining the
circumstances under which the Bureau of Reclamation may
reprogram funds.
The agreement includes a provision regarding the San Luis
Unit and Kesterson Reservoir in California.
The agreement includes a provision regarding section
9504(e) of the Omnibus Public Land Management Act of 2009.
The agreement includes a provision regarding the CALFED
Bay-Delta Authorization Act.
The agreement includes a provision regarding section
9106(g)(2) of the Omnibus Public Land Management Act of 2009.
The agreement includes a provision regarding the
Reclamation States Emergency Drought Relief Act of 1991.
The agreement includes a provision regarding the
Reclamation Projects Authorization and Adjustment Act of
1992.
The agreement includes a provision prohibiting the use of
funds in this Act for certain activities.
TITLE III--DEPARTMENT OF ENERGY
The agreement provides $44,855,624,000 for the Department
of Energy to fund programs in its primary mission areas of
science, energy, environment, and national security.
Congressional Direction
The Committees count on a timely and accessible executive
branch in the course of fulfilling its constitutional role in
the appropriations process. Requesting and receiving basic,
factual information, including budget justification materials
and responses to inquiries, is vital in order to ensure
transparency and accountability. While some discussions
internal to the executive branch may be pre-decisional in
nature and therefore not subject to release, the Committees'
access to the facts, figures, and statistics that inform the
decisions of the executive branch are not subject to those
same sensitivities. The Committees shall have ready and
timely access to information from the Department, Federally
Funded Research and Development Centers, and any recipient of
funding from this Act. Further, the Committees appreciate the
ability for open and direct communication with all recipients
of funding from this Act, and the Department shall not
interfere with such communication and shall not penalize
recipients of funding from this Act for such communication.
Reprogramming Requirements
The agreement carries the Department's reprogramming
authority in statute to ensure that the Department carries
out its programs consistent with congressional direction. The
Department shall, when possible, submit consolidated,
cumulative notifications to the Committees.
Definition.--A reprogramming includes the reallocation of
funds from one program, project, or activity to another
within an appropriation. For construction projects, a
reprogramming constitutes the reallocation of funds from one
construction project to another project or a change of
$2,000,000 or 10 percent, whichever is less, in the scope of
an approved project.
Financial Reporting and Management
The Department is still not in compliance with its
statutory requirement to submit to Congress, at the time that
the budget request is submitted, a future-years energy
program that covers the fiscal year of the budget request and
the four succeeding years, as directed in the fiscal year
2012 Act.
[[Page H2241]]
In addition, the Department has an outstanding requirement to
submit a plan to become fully compliant with this
requirement. The Department is directed to provide these
requirements not later than 30 days after enactment of this
Act. The Department may not obligate more than 95 percent of
amounts provided to the Chief Financial Officer until the
Department provides to the Committees a briefing on a plan to
become fully compliant with this requirement.
Working Capital Fund.--The agreement reiterates House
direction on this topic.
Congressional Reporting Requirements.--The Department is
directed to provide quarterly updates to the Committees on
this issue. Further, the Department is directed to provide
all Congressionally required reports digitally in addition to
traditional correspondence.
SBIR and STTR Programs.--The agreement reiterates House
direction on this topic.
Mortgaging Future-Year Awards.--The agreement reiterates
House direction on this topic.
General Plant Projects.--The agreement reiterates House
direction on this topic.
Competitive Procedures.--The agreement reiterates House
direction on this topic.
Workforce Development.--The agreement reiterates House
direction on this topic.
Crosscutting Initiatives
Energy Storage.--The Department is directed to carry out
these activities in accordance with sections 3201 and 3202 of
the Energy Act of 2020. The agreement provides not less than
$500,000,000 for energy storage, including not less than
$347,000,000 from the Office of Energy Efficiency and
Renewable Energy (EERE), not less than $120,000,000 from the
Office of Electricity (OE), not less than $5,000,000 from the
Office of Fossil Energy and Carbon Management (FECM), not
less than $4,000,000 from the Office of Nuclear Energy (NE),
and not less than $24,000,000 from the Office of Science. The
agreement reiterates Senate direction related to periodic
updates on the Energy Storage Grand Challenge (ESGC) and ESGC
roadmap.
Critical Minerals.--The agreement provides not less than
$167,000,000 for research, development, demonstration, and
commercialization activities on the development of
alternatives to, recycling of, and efficient production and
use of critical minerals, including not less than
$100,000,000 from EERE, not less than $50,000,000 from FECM,
and not less than $17,000,000 from the Office of Science.
Industrial Decarbonization.--The agreement provides not
less than $510,000,000 for industrial decarbonization
activities, including not less than $240,000,000 from EERE,
not less than $250,000,000 from FECM, and not less than
$20,000,000 from the Office of Science. The agreement
provides not less than $25,000,000 for low-carbon feedstocks
in the steel, cement, concrete, and other heavy industrial
sectors and not less than $25,000,000 for clean heat
alternatives for industrial processes.
Grid Modernization.--The agreement reiterates House and
Senate direction on Grid Modernization and the Grid
Modernization Lab Consortium.
Carbon Dioxide Removal.--The agreement provides not less
than $104,000,000 for research, development, and
demonstration of carbon dioxide removal technologies,
including not less than $20,000,000 from EERE, not less than
$49,000,000 from FECM, and not less than $35,000,000 from the
Office of Science. Within available funds for carbon dioxide
removal, the agreement provides not less than $75,000,000 for
direct air capture. The Department is directed to coordinate
these activities among EERE, FECM, and the Office of Science.
Hydrogen Energy and Fuel Cell Coordination.--The Department
is directed to coordinate its efforts in hydrogen energy and
fuel cell technologies across its various departments and
offices in order to maximize the effectiveness of investments
in hydrogen-related activities. This coordination shall
include EERE, FECM, NE, OE, the Office of Science, and the
Advanced Research Projects Agency--Energy.
Harmful Algal Blooms.--The agreement reiterates House
direction on this topic.
DOE and USDA Interagency Working Group.--The agreement
reiterates House direction on this topic.
Landfill Emissions.--The agreement reiterates House
direction on this topic.
COVID--19 Research Delays.--The agreement reiterates House
and Senate direction on this topic.
Interagency Working Group on Coal and Power Plant
Communities and Economic Revitalization.--The Department is
directed to include an itemization of funding for these
activities in future budget requests.
Sexual Harassment.--The agreement reiterates Senate
direction on this topic.
The agreement provides no direction on Equity and Justice.
The agreement provides no direction on the Civilian Climate
Corps.
Energy Programs
energy efficiency and renewable energy
The agreement provides $3,200,000,000 for Energy Efficiency
and Renewable Energy.
The agreement provides not less than $10,000,000 for the
Energy Transitions Initiative.
The agreement provides up to $5,000,000 for university-led
research in order to increase recycling rates for
polyethylene plastics and develop conversion of waste
polyethylene to more recyclable and biodegradable plastics.
The agreement provides $10,000,000 for a consortium of
universities in the United States that has established
agreements with universities in Canada and Mexico to conduct
research on a broad array of energy sources and topics.
sustainable transportation
The Vehicle Technologies, Bioenergy Technologies, and
Hydrogen and Fuel Cell Technologies offices are directed to
work closely with the Department of Agriculture and the
private sector to develop common metrics to evaluate and
compare the impact of the emerging clean hydrogen industry on
the ethanol and biodiesel industries.
Within available funds, the agreement provides not less
than $30,000,000 to continue the SuperTruck III program.
Vehicle Technologies.--The agreement provides not less than
$200,000,000 for Battery and Electrification Technologies.
The agreement provides up to $15,000,000 to advance energy
efficiency and low emissions technologies for off-road
application vehicles, including commercial, of which up to
$5,000,000 is for fluid power systems.
The agreement provides up to $10,000,000 to support
research and development relevant to two-stroke opposed-
piston engines.
The agreement provides not less than $80,000,000 for
Technology Integration, previously called Outreach,
Deployment, and Analysis. Within available funds, the
agreement provides not less than $50,000,000 for deployment
through the Clean Cities program, including not less than
$30,000,000 for competitive grants.
The agreement provides not less than $40,000,000 for Energy
Efficient Mobility Systems.
The agreement provides not less than $5,000,000 for
electric vehicle workforce development activities and
reiterates House direction on the related report and roadmap.
The agreement reiterates House direction on the assessment
and briefing related to electric vehicle charging
infrastructure in underserved or disadvantaged communities.
The agreement provides up to $5,000,000 for research on
direct injection, engine technology, and the use of dimethyl
ether as fuel.
The agreement provides up to $10,000,000 to address
technical barriers to the increased use of natural gas
vehicles, including for applications in on-road vehicles,
off-road vehicles, maritime, or rail.
Bioenergy Technologies.--The agreement provides not less
than $42,000,000 for Feedstock Technologies and the Biomass
Feedstock National User Facility.
The agreement provides not less than $40,000,000 for
advanced algal systems to sustain the investment in
development of algal biofuels.
The agreement provides $3,000,000 for research, at
commercially relevant processing scales, into affordable wood
chip fractionation technologies and other processing
improvements relevant to biorefineries in order to enable
economic production of cellulose nanomaterials and economic
upgrading of hemicelluloses and lignin.
Within available funds for Conversion Technologies, the
agreement provides not less than $23,000,000 for the Agile
BioFoundry, including not less than $3,000,000 to continue
developing methods and technologies to advance biological
engineering, to support expanded focus on artificial
intelligence and machine learning and software development,
to improve the predictive design of organisms and pathways,
to build tools accessible to the wider scientific community,
and for the purchase of state-of-technology instrumentation
that will enable better and more expansive collaborations.
Within available funds for Conversion Technologies, the
agreement provides $5,000,000 to demonstrate the use of and
improve the efficiency of community-scale digesters with
priority given for projects in states and tribal areas that
have adopted statutory requirements for the diversion of a
high percentage of food material from municipal waste
streams.
The agreement provides up to $5,000,000 for continued
support of the development and testing of new domestic
manufactured low-emission, high-efficiency, residential wood
heaters that supply easily accessed and affordable renewable
energy and have the potential to reduce the national costs
associated with thermal energy.
Hydrogen and Fuel Cell Technologies.--The agreement
provides $157,500,000 for Hydrogen and Fuel Cell Technologies
to maintain a diverse program which focuses on early-,
mid-, and late-stage research and development and technology
acceleration including market transformation.
The agreement provides not less than $60,000,000 for
technologies to advance hydrogen use for heavy-duty
transportation and industrial applications.
The agreement provides $2,500,000 for research that tightly
couples advanced modeling, characterization, and controlled
synthesis to elucidate the key mechanisms in this technology.
This research should include participation by a university
with demonstrated expertise with perovskite materials.
The agreement provides not less than $15,000,000 to cost
share the Office of Nuclear Energy hydrogen demonstration
project, including for high temperature electrolysis research
and development at a national laboratory. The agreement
provides up to $14,000,000 to support ongoing efforts for
high- and low-temperature electrolyzer development.
The agreement provides not less than $10,000,000 for solar
fuels research and development.
[[Page H2242]]
The agreement provides not less than $40,000,000 for System
Development and Integration, including not less than
$10,000,000 for Safety, Codes, and Standards.
The agreement provides not less than $45,000,000 for
Hydrogen Technologies.
The Department shall continue research on novel onboard
hydrogen tank systems, as well as trailer delivery systems to
reduce costs of delivered hydrogen.
renewable energy
Solar Energy Technologies.--The agreement provides not less
than $50,000,000 for Systems Integration and not less than
$75,000,000 for Photovoltaic Technologies.
The agreement provides not less than $25,000,000 for
additional investments in Cadmium Telluride to implement
goals of a technology roadmap developed by the consortium.
The agreement provides not less than $25,000,000 for
perovskites.
The agreement provides not less than $20,000,000 for the
Department to expand work to lower barriers to solar adoption
for low-income households, renters, multifamily homes, and
racially diverse communities.
The agreement provides not less than $40,000,000 for
Balance of System Soft Costs efforts focused on reducing the
time and costs for planning, siting, permitting, inspecting,
and interconnecting distributed and large-scale solar or
storage projects through standardized requirements, online
application systems, technical assistance, and grant awards
to localities that voluntarily adopt the Solar Automated
Permit Processing platform. Within available funds for
Balance of Systems Soft Costs, $5,000,000 is for the National
Community Solar Partnership program.
Wind Energy Technologies.--The agreement provides not less
than $10,000,000 for distributed wind technologies.
The agreement provides not less than $10,000,000 to support
additional project development and pre-construction
activities for offshore wind demonstration projects to help
ensure success. The Department is directed to support
innovative offshore wind demonstration projects to optimize
their development, design, construction methods, testing
plans, and economic value proposition. The Department is
directed to support the advancement of innovative
technologies for offshore wind development including
freshwater, deep water, shallow water, and transitional depth
installations.
The agreement provides up to $6,000,000 for Centers of
Excellence focused on offshore wind energy engineering,
infrastructure, supply chain, transmission, and other
pertinent issues required to support offshore wind in the
United States.
The agreement provides direction related to advanced
manufacturing of wind blades and components within Advanced
Manufacturing.
The agreement provides up to $5,000,000 for the Wind Energy
Technologies Office and the Water Power Technologies Office
to support university-led research projects related to
resource characterization, site planning, feasibility
assessments, community outreach, and planning for long-term
environmental monitoring for applications of marine energy
and floating offshore wind technologies to support
sustainable offshore energy deployment and scalable
aquaculture production.
The agreement provides up to $30,000,000 for research and
development that can lead to demonstration of onsite
manufacturing of turbine system components to enable turbine
construction with blade length greater than 75 meters.
The agreement provides not less than $30,000,000 for the
National Wind Technology Center and up to $5,000,000 for
research and operations of the Integrated Energy System at
Scale.
The agreement provides not less than $30,000,000 for the
Department to prioritize early-stage research on materials
and manufacturing methods and advanced components that will
enable high quality wind resources to compete in the
marketplace without the need for subsidies, and on activities
that will accelerate fundamental offshore-specific research
and development such as those that target technology and
deployment challenges unique to U.S. waters.
Water Power Technologies.--The agreement provides not less
than $47,000,000 for Hydropower Technologies and not less
than $112,000,000 for Marine and Hydrokinetic Technologies.
The agreement provides $5,000,000 to continue industry-led
research, development, demonstration, and deployment efforts
of innovative technologies for fish passage and invasive fish
species removal at hydropower facilities, as well as analysis
of hydrologic climate science and water basin data to
understand the impact of climate change on hydropower.
The agreement provides up to $10,000,000 for the purposes
of sections 242 and 243 of the Energy Policy Act of 2005.
The agreement provides not less than $24,000,000 for the
Powering the Blue Economy initiative.
The agreement provides up to $20,000,000 to address
infrastructure needs at marine energy technology testing
sites, including general plant projects, and to support for
planning activities for the staged development of an ocean
current test facility. The agreement provides up to
$5,000,000 for the Department to continue its support of
operations at the Atlantic Marine Energy Center to accelerate
the transition of wave and tidal energy technologies to
market.
The agreement reiterates House and Senate direction on
industry-led competitive solicitations to increase energy
capture; foundational research activities led by universities
and other research institutions affiliated with the National
Marine Energy Centers; the continued development and
construction of an open water, fully energetic, grid
connected wave energy test facility; and the continuation of
the Testing Expertise and Access for Marine Energy Research
initiative.
The Department is directed to continue to coordinate with
the U.S. Navy and other federal agencies on marine energy
technology development for national security and other
applications.
The agreement provides $5,000,000 for the environmental
analyses and engineering of potential run-of-river
hydrokinetic facilities at two sites with high electricity
costs and diesel use, as determined by the Secretary.
Geothermal Technologies.--The agreement provides up to
$75,000,000 for enhanced geothermal system demonstrations and
next-generation geothermal demonstration projects in diverse
geographic areas. The agreement provides not less than
$10,000,000 for research, development, and demonstration
efforts relevant to super-hot rock geothermal technology. The
agreement provides not less than $17,000,000 for Low
Temperature and Coproduced Resources. The Department is
directed to continue its efforts to identify and characterize
geothermal resources in areas with no obvious surface
expressions.
Renewable Energy Grid Integration.--The agreement includes
a new control point and provides $40,000,000 for activities
to facilitate the integration of grid activities among
renewable energy technologies. Further, within available
funds, the agreement provides $10,000,000 for development and
demonstration of an ``energyshed'' management system that
addresses a discrete geographic area in which renewable
sources currently provide a large portion of electric energy
needs, where grid capacity constraints result in curtailment
of renewable generation, and with very substantial existing
deployment of interactive smart meters. The ``energyshed''
design should achieve a high level of integration,
resilience, and reliability among all energy uses, including
both on-demand and long-time energy scales, transmission, and
distribution of electricity.
energy efficiency
Advanced Manufacturing.--The agreement provides $25,000,000
for the Energy-Water Desalination Hub and provides up to
$10,000,000 to be used to issue a competitive solicitation
for university and industry-led teams to improve the
efficiency of industrial drying processes.
The agreement provides $5,000,000 to expand the technical
assistance provided for water and wastewater treatment and
reiterates House direction on the related briefing. The
Department is directed to summarize its efforts to work with
key stakeholders in this area, including wastewater and
drinking water providers, to maximize the investment of these
dollars to high priority targets. The agreement provides
$20,000,000 for research and development on technologies to
achieve energy efficiency of water and wastewater treatment
plants, including the deployment of alternative energy
sources, as appropriate.
The agreement provides $10,000,000 for the development of
advanced tooling for lightweight automotive components to
lead the transition to electric vehicle and mobility
solutions to meet the national urgency for market adoption.
The agreement provides up to $20,000,000 to continue the
development of additive manufacturing involving
nanocellulosic feedstock materials made from forest products
to overcome challenges to the cost and deployment of
building, transportation, and energy technologies.
The Department is directed to further foster the
partnership between the national laboratories, universities,
and industry to use bio-based thermoplastics composites, such
as micro- and nanocellulosic materials, and large-area 3-D
printing to overcome challenges to the cost and deployment of
building, transportation, and energy technologies.
The agreement provides up to $20,000,000 for the Advanced
Manufacturing Office to work in coordination with the
Hydrogen and Fuel Cell Technologies Office to support high-
impact activities for the development and deployment of
hydrogen and fuel cell technologies, including on the
economic use of low-carbon hydrogen for industrial processes.
The agreement provides $25,000,000 for the Manufacturing
Demonstration Facility (MDF) and the Carbon Fiber Technology
Facility. Within available funds for MDF, the agreement
provides $5,000,000 for the development of processes for
materials solutions.
The Department is directed to support activities for
conversion and retooling of manufacturing industrial
facilities to support the domestic auto industry and to
retain American competitiveness in building the vehicles of
the future.
The agreement provides $20,000,000 for process-informed
science, design, and engineering materials and devices in
harsh environments, including nuclear environments, and to
demonstrate integrated energy systems applied to decarbonized
steel making and refractory materials, including net zero or
high-temperature hydrogen-based decarbonization. The
agreement provides $10,000,000 for continued research for
dynamic catalyst science coupled with data analytics.
[[Page H2243]]
The agreement provides not less than $20,000,000 for
electric vehicle battery manufacturing. The Department is
directed to prioritize funding to partnerships and
consortiums that include private industry, universities, and
nonprofit organizations with expertise in electric vehicle
manufacturing, electric vehicle workforce development, and
regional innovation development.
The agreement provides $10,000,000 for research,
development, and demonstration activities that will enable
U.S. manufacturers to increase the recovery, recycling,
reuse, and remanufacturing of plastics, metals, electronic
waste, and fibers.
The agreement provides no direction related to
environmental product declarations.
The agreement provides up to $20,000,000 for the Industrial
Assessment Center (IAC) program and reiterates Senate
direction. Within the funds provided for the IACs, the
agreement provides up to $4,000,000 for applied technical
assistance and the purchase and pilot testing of innovative
technology and reiterates Senate direction.
The agreement provides not less than $13,000,000 to provide
ongoing support for the Combined Heat and Power (CHP)
Technical Assistance Partnerships (TAPs) and related CHP
Technical Partnership activities, including not less than
$5,000,000 for the TAPs and not less than $7,000,000 for
related CHP activities. The Department is directed to
collaborate with industry on the potential energy efficiency
and energy security gains to be realized with district energy
systems.
The agreement provides up to $10,000,000 for the issuance
of a competitive solicitation for industry-led teams to
improve the efficiency and sustainability of metal extraction
through artificial intelligence and machine learning, giving
priority to gold and silver extraction activities.
The Department is directed to carry out activities in
accordance with title VI of the Energy Act of 2020.
The agreement provides $5,000,000 to support sustainable
chemistry research and development.
The agreement provides $4,000,000 to support additive
manufacturing work on large wind blades that will allow for
rapid prototyping, tooling, fabrication, and testing;
$7,000,000 for additive manufacturing of wind turbine
components; and $18,000,000 for advanced wind turbine blade
manufacturing research, including additive composite tip
technology, automation, and sustainability.
The agreement provides not less than $7,000,000 to continue
technology development to convert lithium chloride from
geothermal brine into lithium hydroxide that will inform the
design of a commercial-scale facility that will both extract
lithium from geothermal brine and convert the lithium in
geothermal brine into the lithium hydroxide.
The agreement provides $5,000,000 to continue to develop
and industrialize low-cost polymer infiltration processes for
the fabrication of ceramic matrix composites for high-
temperature components, giving priority to silicon carbide
components.
The agreement provides not less than $5,000,000 to apply
the Office of Science's leadership computing facility
expertise in machine learning to increase efficiencies in
large scale, high rate, aerostructures manufacturing.
Building Technologies.--The agreement provides not less
than $55,000,000 for the Commercial Building Integration
program for core research and development of more cost-
effective integration techniques and technologies that could
help the transition toward deep retrofits. The agreement
provides not less than $45,000,000 for Residential Building
Integration (RBI) and reiterates Senate directions related to
RBI.
The agreement provides not less than $58,000,000 for
Equipment and Building Standards, including not less than
$12,000,000 for Building Energy Codes.
The agreement provides not less than $30,000,000 for
Buildings-to-Grid integration research and development
consistent with a transactive energy system and in
coordination with the Office of Electricity's transactive
energy systems program to accelerate grid-enabled buildings
and reduce barriers to dynamic, responsive building energy
use that can meet customers' needs and support a reliable
electric grid.
The agreement provides up to $30,000,000 for solid-state
lighting. If the Secretary finds solid-state lighting
technology eligible for the Twenty-First Century Lamp prize,
specified under section 655 of the Energy Independence and
Security Act of 2007, up to $5,000,000 shall be made
available to fund the prize or additional projects for solid-
state lighting research and development.
The agreement provides up to $5,000,000 for the
establishment of a Heat Pump Consortium to integrate and
deploy heat pump technologies in a joint industry
partnership.
Significant research and development gaps remain to
transition to lower-carbon and zero-carbon fuels in
buildings. The Department is encouraged to continue to
explore research and development that can advance systems and
appliances, driven by delivered fuels including renewable
fuels and hydrogen, to meet consumer demand for high
efficiency and environmentally friendly products in
residential and commercial building applications, including
heat pumps with power generation and water heating, increased
utilization of renewable fuels and hydrogen, appliance
venting, hybrid fuel-fired and electrically-driven systems,
distributed carbon capture, mitigation of behind-the-meter
methane emissions, and on-site (micro) combined heat and
power to include cooling and integration with renewables.
The agreement reiterates House direction on a briefing
outlining the opportunities and challenges in deploying
energy efficient building technologies to public buildings
and buildings that host providers, such as food banks,
serving community needs.
Within available funds for Emerging Technologies, the
Department is encouraged to make funding available for
Heating, Ventilation, and Air Conditioning (HVAC) and
Refrigeration research, development and deployment, including
heat pumps, heat pump water heaters, and boilers. The
Department shall focus its efforts to address whole building
energy performance and cost issues to inform efforts to
advance beneficial electrification and greenhouse gas
mitigation without compromising building energy performance.
The agreement provides up to $50,000,000 for advanced HVAC
and dehumidification manufacturing scale-up projects.
The agreement reiterates Senate direction related to the
Grid-interactive Efficient Buildings (GEB) program.
Federal Energy Management Program.--The agreement
reiterates House and Senate direction related to energy
performance contracts management.
Weatherization and Intergovernmental Program.--Within
available funds for the State Energy Program, the agreement
provides $500,000 for technical assistance to continue the
Sustainable Wastewater Infrastructure of the Future
Accelerator.
Within available funds for the Weatherization Assistance
Program (WAP), the agreement provides $3,000,000 to support
community-scale weatherization and reiterates House direction
for this activity.
The agreement provides $1,000,000 be made available to WAP
grant recipients that have previously worked with the
Department via the Weatherization Innovation Pilot Program,
for the purpose of developing and implementing state and
regional programs to treat harmful substances, including
vermiculite.
Energy Future Grants.--The agreement provides funds to
support state-, local-, and tribal-level approaches to
meeting energy needs at the local level, including through
financial and technical assistance to eligible entities for
energy system planning and analysis and conducting
stakeholder engagement. Eligible entities shall include
states, local governments, communities, U.S. territories, and
tribes. The Department is directed to provide to the
Committees not later than 30 days after enactment of this Act
a briefing on its implementation plan for this program.
Congressionally Directed Spending.--The agreement provides
$77,047,000 for the following list of projects that provide
for research, development, and demonstration for Energy
Efficiency and Renewable Energy activities or programs.
Recipients are reminded that statutory cost sharing
requirements may apply to these projects.
[[Page H2244]]
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[[Page H2245]]
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[[Page H2246]]
Cybersecurity, Energy Security, and Emergency Response
The agreement provides $185,804,000 for Cybersecurity,
Energy Security, and Emergency Response (CESER).
The Department is directed to include an itemization of
funding levels below the control point in future budget
requests. Given concerns about the longstanding lack of
clarity on the Department's cyber research and development
responsibilities, CESER is directed to coordinate with the
Office of Electricity and relevant applied energy offices in
clearly defining these program activities. The Department is
directed to provide the Committees quarterly updates on these
topics.
The agreement provides not less than $2,000,000 for digital
twin projects to enable essential collaborator participation
and their integration into the effort.
The agreement provides up to $20,000,000 for the Cyber
Testing for Resilient Industrial Control System (CyTRICS)
program.
Risk Management Technology and Tools.--The agreement
provides up to $10,000,000 for consequence-driven cyber-
informed engineering and up to $4,000,000 for university-
based research and development of scalable cyber-physical
platforms for resilient and secure electric power systems
that are flexible, modular, self-healing, and autonomous. The
agreement provides not less than $5,000,000 to conduct a
demonstration program of innovative technologies, such as
technologies for monitoring vegetation management, to improve
grid resiliency from wildfires. The agreement includes not
less than $2,000,000 to continue the establishment of a
network of university-based, regional energy cybersecurity
centers.
Congressionally Directed Spending.--The agreement provides
$3,000,000 for the following list of projects that provide
for research, development, and demonstration for CESER
activities or programs. Recipients are reminded that
statutory cost sharing requirements may apply to these
projects.
[[Page H2247]]
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[[Page H2248]]
Electricity
The agreement provides $277,000,000 for Electricity. The
Department is directed to include an itemization of funding
levels below the control point in future budget requests.
Given concerns about the longstanding lack of clarity on the
Department's cyber research and development responsibilities,
Electricity is directed to coordinate with the Office of
Cybersecurity, Energy Security, and Emergency Response
(CESER) and other relevant offices in clearly defining these
program activities. The Department is expected to integrate
cybersecurity, where relevant, throughout all of
Electricity's research, development, demonstration, and
deployment activities.
Energy Delivery Grid Operations Technology.--The agreement
provides $10,000,000 for the DarkNet project and $5,000,000
to support research on silicon carbide semiconductors.
Resilient Distribution Systems.--The agreement provides up
to $10,000,000 for the COMMANDER National Test Bed.
The agreement reiterates House and Senate direction related
to the integration of sensors into distribution systems,
microgrid controllers and systems, and transactive energy
concepts.
The agreement provides not less than $10,000,000 for
demonstration projects with the Grid Sensors and Sensor
Analytics program. The agreement reiterates House and Senate
direction on focus areas for these demonstration projects,
including activities that may include post-weather or fire
event assessments and activities utilizing utility data from
advanced metering infrastructure.
The agreement reiterates Senate direction related to
barriers impeding grid integration of distributed energy
systems.
The agreement provides up to $10,000,000 for coordinated
research and development of microgrid-related technologies,
with a focus on underserved and Indigenous communities.
Energy Storage.--The agreement provides not less than
$20,000,000 for a competitive pilot demonstration grant
program, as authorized in section 3201 of the Energy Act of
2020, for energy storage projects that are U.S-controlled,
U.S.-made, and North American sourced and supplied. The
Department is directed to include in this program large scale
commercial development and deployment of long cycle life,
lithium-grid scale batteries and their components.
The agreement provides $5,000,000 for battery storage
demonstration projects that are located in areas where grid
capacity constraints result in curtailment of renewable
generation; improve grid resilience for a public utility that
is regularly affected by weather-related natural disasters;
and provide rate reduction and renewable energy benefits to
businesses, farms, and residents in economically-stressed
rural areas. Direct storage from solar generation may also be
incorporated.
Cyber R&D.--The agreement provides up to $5,000,000 for
university-based research and development of scalable cyber-
physical platforms for resilient and secure electric power
systems that are flexible, modular, self-healing, and
autonomous, in coordination with CESER.
Transformer Resilience and Advanced Components.--The
agreement provides up to $5,000,000 for the Grid Research
Integration and Demonstration Center and up to $2,500,000 to
further assess composite utility poles in controlled and
field tests. The Department is directed to support research
and development to advance safe and effective alternatives to
SF6, including in circuit breakers, reclosers,
sectionalizers, load break switches, switchgear, and gas
insulated lines.
Transmission Permitting and Technical Assistance.--The
agreement reiterates Senate direction on collaboration with
relevant state entities to have access to grid, economic, and
emissions modeling.
Congressionally Directed Spending.--The agreement provides
$2,850,000 for the following list of projects that provide
for research, development, and demonstration for Electricity
activities or programs. Recipients are reminded that
statutory cost sharing requirements may apply to these
projects.
[[Page H2249]]
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[[Page H2250]]
Nuclear Energy
The agreement provides $1,654,800,000 for Nuclear Energy.
The Department is directed to provide to the Committees a
briefing and regular updates prior to any proposed
contractual and engineering design changes for advanced
reactor projects currently being funded. Further, the
Department is directed to provide to the Committees not later
than 90 days after enactment of this Act a detailed multi-
year funding plan for the advanced reactor designs currently
being pursued by the Department.
The agreement reiterates House direction related to a
report on thorium molten-salt reactors.
Nuclear Energy University Program (NEUP).--Since 2009, the
Department has allocated up to 20 percent of funds
appropriated to Nuclear Energy research and development
programs to fund university-led R&D and university
infrastructure projects through an open, competitive
solicitation process using formally certified peer reviewers.
The agreement provides a separate control point to fund NEUP
and other crosscutting program responsibilities (SBIR, STTR,
and TCF) in order to provide greater transparency and
flexibility for this program. The Department is directed to
provide to the Committees prior to the obligation of these
funds a detailed spending and execution plan for NEUP
activities. The Department is directed to provide to the
Committees not later 90 days after enactment of this Act and
quarterly thereafter briefings on the implementation of NEUP.
The Department is directed to provide to the Committees not
later than 180 days after enactment of this Act, and prior to
taking any actions, a briefing on proposals to address
concerns and implement improvements recommended by the
Nuclear Engineering Department Heads Organization. The
agreement does not provide any funds to initiate the
construction of new university nuclear reactors.
Nuclear Energy Enabling Technologies
The agreement provides $3,000,000 to complete the
preliminary engineering and design, contingent on
Departmental approval, of a secure, separate, and shielded
beamline at the NSLS II at Brookhaven National Laboratory to
examine radioactive materials. This beamline shall complement
and be compatible with irradiation tests and infrastructure
for materials characterization and sample preparation at
Idaho National Laboratory.
Crosscutting Technology Development.--The agreement
provides $5,000,000 to support and expand research
collaborations, which may include a consortium, between
research universities and national laboratories utilizing
existing capabilities and infrastructure focused on the
benefits, as well as vulnerabilities, of digital
instrumentation for existing and future nuclear reactors,
including the use of new approaches, such as predictive
analytics, machine learning, and artificial intelligence, to
improve reactor safety and performance and address
cybersecurity issues. The agreement provides not less than
$5,000,000 to continue activities related to materials
development, including through public-private partnerships,
to develop new materials the nuclear industry will need in
the future. The agreement provides $10,000,000 for integrated
energy systems and $3,000,000 for Nuclear Materials Discovery
and Qualification. The agreement includes no direction on the
Gateway for Accelerated Innovation in Nuclear (GAIN) program.
Nuclear Science User Facilities.--The agreement provides
not less than $10,000,000 for computational support.
New Materials Development.--The agreement provides funding
for this activity in Crosscutting Technology Development.
Fuel Cycle Research and Development
To support availability of high-assay low-enriched uranium
(HALEU) and other advanced nuclear fuels, consistent with
section 2001 of the Energy Act of 2020, the agreement
includes $72,000,000, including $2,000,000 for Mining,
Shipping, and Transportation; $45,000,000 for Advanced
Nuclear Fuel Availability; and not less than $25,000,000
within Material Recovery and Waste Form Development.
Advanced Nuclear Fuel Availability.--The Department is
directed to conduct these activities in a manner that will
encourage, rather than discourage, the private sector
commercialization of HALEU production. The fiscal year 2020
Act directed the Department to provide an evaluation on the
anticipated demand for HALEU, the timing of that demand, and
options for meeting that demand. Section 2001(b)(2) of the
Energy Act of 2020 requires the Department to submit to
Congress a report on a program to support the availability of
HALEU for civilian domestic demonstration and commercial use.
The Department is directed to submit these reports to the
Committees not later than 30 days after enactment of this Act
and not less than 60 days prior to the obligation of more
than 90 percent of these funds.
Material Recovery and Waste Form Development.--The
agreement provides not less than $15,000,000 for EBR II
Processing for HALEU and $10,000,000 to continue work on the
ZIRCEX process.
Accident Tolerant Fuels.--The agreement provides not less
than $10,000,000 for further development of silicon carbide
ceramic matrix composite fuel cladding for light water
reactors. The agreement reiterates House and Senate direction
regarding information and briefing requirements for the
Accident Tolerant Fuels program.
Triso Fuel and Graphite Qualification.--The agreement
provides up to $10,000,000 to continue the transition of
TRISO fuel to a multiple-producer market, ensuring that more
than one industry source would be available to the commercial
and government markets.
Used Nuclear Fuel Disposition R&D.--The agreement provides
$5,000,000 for advanced reactor used fuel disposition to
address used fuel from TRISO-fueled and metal-fueled advanced
reactors.
Integrated Waste Management System.--The Department is
directed to continue site preparation activities at stranded
sites, to evaluate the re-initiation of regional transport,
and to undertake transportation coordination efforts.
Reactor Concepts Research and Development
Advanced Small Modular Reactor RD&D.--The agreement
provides $150,000,000 for ongoing demonstration activities.
Light Water Reactor Sustainability.--The agreement provides
not less than $10,000,000 to support new or previously
awarded hydrogen demonstration projects.
Advanced Reactor Technologies.--The agreement provides not
less than $13,000,000 for Advanced Reactor Concepts Industry
Awards; up to $5,000,000 for continued work on Supercritical
Transformational Electric Power (STEP) research and
development; and not less than $25,000,000 for MW-scale
reactor research and development, including not less than
$9,000,000 for MARVEL. The agreement provides up to
$5,000,000 for the research and development of advanced
isotope separation processes for Molten Salt Reactors.
Advanced Reactor Demonstration Program
The Department is directed to continue to ensure the
program moves forward expeditiously and within original scope
and budget. The Department is directed to continue to focus
resources on partners capable of project delivery within five
to seven years of award.
National Reactor Innovation Center.--The agreement provides
up to $48,000,000 for capital design and construction
activities for demonstration reactor test bed preparation at
Idaho National Laboratory supporting reactor demonstration
activities. The Department shall submit a Construction
Project Data Sheet for each such applicable project that is
expected to exceed the minor construction threshold.
Fossil Energy and Carbon Management
The agreement provides $825,000,000 for Fossil Energy and
Carbon Management.
Consistent with section 961(a)(3) of the Energy Policy Act
of 2005, in carrying out the objectives described in
subparagraphs (F) through (K) of paragraph (2) of section
961(a), the Secretary shall prioritize activities and
strategies that have the potential to significantly reduce
emissions for each technology relevant to the applicable
objective and the international commitments of the United
States.
The agreement provides no funds to plan, develop,
implement, or pursue the consolidation or closure of any of
the National Energy Technology Laboratory (NETL) sites.
The agreement provides not less than $5,000,000 for
integrated energy systems and $500,000 to support feasibility
and operational planning for large-scale biomass production
for the purposes of bioenergy with carbon capture and
storage.
The agreement provides $10,000,000 for a laboratory
demonstration project for carbon-neutral methanol synthesis
from direct air capture and carbon-free hydrogen production.
Solid Oxide Fuel Cell Systems & Hydrogen.--The agreement
provides not less than $105,000,000 for the research,
development, and demonstration of solid oxide fuel cell
systems and hydrogen production, transport, storage, and use
systems.
National Carbon Capture Center.--The agreement supports
funding for the National Carbon Capture Center consistent
with the cooperative agreement.
CCUS and Power Systems
The Department is directed to conduct CCUS activities,
including front-end engineering and design studies, large
pilot projects, and demonstration projects that capture and
securely store commercial volumes of carbon dioxide from
fossil energy power plants, industrial facilities, or
directly from the air, consistent with the objectives of
title IV of the Energy Act of 2020.
The Department is directed to establish a program to
support research and development of novel, proof-of-principle
carbon containment projects with the goal of finding and de-
risking methods and locations to remove atmospheric carbon
dioxide that are effective, safe, low cost, and scalable. The
agreement provides up to $50,000,000 to support work at
multiple sites, including within significant basalt
formations, to pursue research, development, and deployment
of carbon containment technologies and proximate carbon
dioxide capturing systems that also meet regional economic
and ecological restoration policy goals such as catastrophic
wildfire mitigation and job creation.
Carbon Capture.--The agreement provides up to $50,000,000
to support front-end engineering and design studies, large
pilot projects, and demonstration projects, including for the
development of a first-of-its-kind carbon capture project at
an existing natural gas combined cycle plant. The agreement
provides not less than $10,000,000 for research
[[Page H2251]]
and optimization of carbon capture technologies at industrial
facilities and not less than $12,000,000 for research and
optimization of carbon capture technologies for natural gas
power systems. The agreement provides up to $10,000,000 to
assist communities in the design and construction of pilot-
scale equipment and systems necessary to demonstrate carbon
capture, utilization, and storage at waste to energy plants.
Carbon Dioxide Removal.--The agreement provides $5,000,000
for a competitive solicitation for a study of the development
of a direct air capture facility co-located with a geothermal
energy resource. The agreement provides $5,000,000 for
research, development, and demonstration activities related
to the indirect sequestration of carbon dioxide from ocean
waters.
Carbon Utilization.--The agreement provides not less than
$8,000,000 for a competitive solicitation to conduct tests of
technologies for carbon dioxide absorption integrated with
algae systems for capturing and reusing or utilizing carbon
dioxide to produce useful fuels and chemicals, giving
priority for teams with university participants.
Carbon Storage.--The agreement provides not less than
$35,000,000 for CarbonSAFE and not less than $20,000,000 for
the Regional Carbon Sequestration Partnerships. The agreement
includes no direction for Storage Infrastructure. The only
direction for carbon containment technologies and proximate
carbon dioxide capturing systems is located in the front
matter of CCUS and Power Systems.
Advanced Energy and Hydrogen Systems.--The agreement
provides not less than $30,000,000 for Advanced Turbines to
carry out research, development, and technology demonstration
to improve the efficiency of gas turbines used in power
generation systems, aviation, and other applications. The
agreement provides up to $50,000,000 for materials research
and development. The Department is directed to support the
development of ceramic matrix composite (CMC) materials in
accordance with the CMC Manufacturing Roadmap and section
4005 of the Energy Act of 2020.
Crosscutting Research.--The agreement provides $1,000,000
for research, development, and commercialization of value-
added natural gas technologies consistent with Senate
direction.
Minerals Sustainability.--The agreement provides not less
than $23,000,000 for research and development activities to
develop advanced separation technologies for the extraction
and recovery of rare earth elements and other critical
materials from coal and coal byproducts, as well as mitigate
any potential environmental and public health impacts of such
activities. The Department is directed to continue the Carbon
Ore, Rare Earths, and Critical Minerals (CORE-CM) Program.
The agreement provides up to $6,000,000 for the Department,
in collaboration with the Department of Commerce and U.S.
Geological Survey, to pilot a research and development
project to enhance the security and stability of the rare
earth element supply chain. Research shall include approaches
to mining of domestic rare earth elements that are critical
to U.S. technology development and manufacturing, as well as
emphasize environmentally responsible mining practices.
Supercritical Transformational Electric Power (STEP)
Generation1.--The agreement supports efforts, consistent with
the current cooperative agreement, to complete the necessary
design and construction of the 10-MW pilot and to conduct the
necessary testing for the facility. The Department is
directed to brief the Committees prior to any change to scope
or cost profile of the project. The agreement provides
additional funds for competitively awarded research and
development activities.
resource technologies and sustainability
The agreement provides not less than $20,000,000 for
Emissions Mitigation from Midstream Infrastructure, including
$5,000,000 to develop and demonstrate an easily
implementable, maintainable, and low-cost integrated methane
monitoring platform consistent with Senate direction.
The agreement provides not less than $10,000,000 for
Emissions Quantification from Natural Gas Infrastructure,
including $1,500,000 to accelerate development and deployment
of high-temperature harsh-environment sensors, sensor
packaging, and wireless sensor hardware for power generation.
The agreement provides not less than $12,000,000 for
Environmentally Prudent Development, including up to
$6,000,000 to continue the Risk Based Data Management System.
The agreement provides not less than $20,000,000 for
natural gas utilization, hydrogen, sustainable fuels, and
chemicals. The agreement provides up to $5,000,000 for a
demonstration project focused on producing hydrogen from the
processing of produced water and mineral substances and on
transporting hydrogen using existing energy infrastructure.
The agreement provides $10,000,000 for further research on
multipronged approaches for characterizing the constituents
of and managing the cleaning of water produced during the
extraction of oil and natural gas, of which $8,000,000 is
available to partner with research universities engaged in
the study of characterizing, cleaning, treating, and managing
produced water and who are willing to engage through public
private partnerships with the energy industry to develop and
assess commercially viable technology to achieve the same.
The agreement provides $10,000,000 for university research
and field investigations in the Gulf of Mexico to confirm the
nature, regional context, and hydrocarbon system behavior of
gas hydrate deposits.
The agreement provides not less than $19,000,000 for
Unconventional Field Test Sites. The Department is directed
to maintain robust efforts in enhanced recovery technologies.
netl infrastructure
Within available funds for NETL Infrastructure, the
Department is directed to prioritize funds for Joule, the
Center for Artificial Intelligence and Machine Learning,
site-wide upgrades for safety, and addressing and avoiding
deferred maintenance. The agreement provides up to
$25,000,000 to establish a direct air capture facility.
Congressionally Directed Spending.--The agreement provides
$20,199,000 for the following list of projects that provide
for research, development, and demonstration for Fossil
Energy and Carbon Management activities or programs.
Recipients are reminded that statutory cost sharing
requirements may apply to these projects.
[[Page H2252]]
[GRAPHIC] [TIFF OMITTED] TH9033001.425
[[Page H2253]]
Naval Petroleum And Oil Shale Reserves
The agreement provides $13,650,000 for the operation of the
Naval Petroleum and Oil Shale Reserves.
Strategic Petroleum Reserve
The agreement includes $219,000,000 for the Strategic
Petroleum Reserve, of which $22,000,000 is for the Northeast
Gasoline Supply Reserve.
No funding is requested for the establishment of a new
regional petroleum product reserve, and no funding is
provided for this purpose. Further, the Department may not
establish any new regional petroleum product reserves unless
funding for such a proposed regional petroleum product
reserve is explicitly requested in advance in an annual
budget request and approved by Congress in an appropriations
Act.
SPR Petroleum Account
The agreement provides $7,350,000 for the SPR Petroleum
Account.
Northeast Home Heating Oil Reserve
The agreement provides $6,500,000 for the Northeast Home
Heating Oil Reserve.
Energy Information Administration
The agreement provides $129,087,000 for the Energy
Information Administration.
Non-Defense Environmental Cleanup
The agreement provides $333,863,000 for Non-Defense
Environmental Cleanup.
Small Sites.--The agreement provides $119,340,000 for Small
Sites cleanup. Within this amount, $21,340,000 is for the
Energy Technology Engineering Center, $11,000,000 is for
Idaho National Laboratory, $5,000,000 is to continue work at
Lawrence Berkeley National Laboratory, $67,000,000 is for
Moab, and $15,000,000 is for excess Office of Science
facilities.
Gaseous Diffusion Plants.--The agreement provides
$121,203,000 for cleanup activities at the Gaseous Diffusion
Plants, including an additional $5,000,000 above the budget
request for treatment and shipping of cylinders.
Uranium Enrichment Decontamination And Decommissioning Fund
The agreement provides $860,000,000 for activities funded
from the Uranium Enrichment Decontamination and
Decommissioning Fund.
Portsmouth Site.--Within funds available for Pensions and
Community and Regulatory Support, the agreement provides an
additional $500,000 above the budget request for the
Department to establish a community liaison and to provide
technical and regulatory assistance to the local community
and surrounding counties. The agreement reiterates House
direction on air and ground water monitoring and reporting,
land use planning, and Committee briefings following
additional environmental sampling.
Science
The agreement provides $7,475,000,000 for Science.
The agreement provides not less than $120,000,000 for
Artificial Intelligence and Machine Learning capabilities
across the Office of Science programs.
The agreement provides not less than $2,000,000 for
collaboration with the National Institutes of Health within
the Department's data and computational mission space.
The agreement provides not less than $245,000,000 for
quantum information science, including not less than
$120,000,000 for research and $125,000,000 for the five
National Quantum Information Science Research Centers.
The agreement reiterates House direction on traineeships.
The Department is directed to provide to the Committees not
later than 90 days after enactment of this Act and annually
thereafter briefings on implementation of the new workforce
initiative.
The Department is directed to award up to 10 Lawrence
Awards with an honorarium of not less than $20,000 per
awardee.
advanced scientific computing research
The agreement provides not less than $160,000,000 for the
Argonne Leadership Computing Facility, $250,000,000 for the
Oak Ridge Leadership Computing Facility, not less than
$120,000,000 for the National Energy Research Scientific
Computing Center at Lawrence Berkeley National Laboratory,
and not less than $90,000,000 for ESnet.
The agreement provides not less than $260,000,000 for
Mathematical, Computational, and Computer Sciences Research,
including not less than $15,000,000 for computational
sciences workforce programs.
The agreement provides not less than $15,000,000 and up to
$40,000,000 for the development of AI-optimized emerging
memory technology for AI-specialized hardware allowing for
new computing capabilities tailored to the demands of
artificial intelligence systems.
BASIC ENERGY SCIENCES
The agreement provides not less than $130,000,000 for the
Energy Frontier Research Centers, $25,000,000 for EPSCoR,
$25,000,000 for the Batteries and Energy Storage Innovation
Hub, and not less than $20,000,000 for the Fuels from
Sunlight Innovation Hub.
The agreement provides not less than $538,000,000 for
facilities operations of the nation's light sources, not less
than $294,000,000 for facilities operations of the high-flux
neutron sources, and not less than $142,000,000 for
facilities operations and recapitalization of the Nanoscale
Science Research Centers (NSRC).
The agreement provides not less than $14,300,000 for other
project costs, including $4,300,000 for Linac Coherent Light
Source-II, $5,000,000 for Advanced Photon Source Upgrade,
$3,000,000 for Linac Coherent Light Source-II HE, and
$2,000,000 for Cryomodule Repair & Maintenance Facility. The
agreement provides $15,000,000 for NSRC Recapitalization and
not less than $15,000,000 for NSLS II Experimental Tools-II.
The agreement reiterates House and Senate direction regarding
the importance of additional beamlines at NSLS II and the
development of a related plan.
BIOLOGICAL AND ENVIRONMENTAL RESEARCH
The agreement provides not less than $395,000,000 for
Biological Systems Science and not less than $410,000,000 for
Earth and Environmental Systems Sciences.
Within available funds, the agreement provides up to
$8,000,000 to develop and test novel sensor technologies,
procure second generation EcoPOD units, and create the
computational and experimental infrastructures necessary to
dissect field observations at atomic and molecular levels in
fabricated ecosystems.
The agreement provides not less than $100,000,000 for the
Bioenergy Research Centers.
The agreement provides not less than $109,000,000 for
Foundational Genomics Research and not less than $82,500,000
for the Joint Genome Institute.
The agreement provides not less than $45,000,000 for
Biomolecular Characterization and Imaging Science, including
up to $15,000,000 to continue the development of a multi-
scale genes-to ecosystems approach that supports a predictive
understanding of gene functions and how they scale with
complex biological and environmental systems.
The agreement provides not less than $8,000,000 for the
low-dose radiation research program and reiterates House
direction related to developing a plan for low-dose radiation
research.
The agreement provides not less than $15,000,000 and up to
$30,000,000 to build upon cloud aerosol effects research.
Within those available funds, the Department is directed to
support the modernization and acceleration of the Energy,
Exascale, and Earth System Model program to improve earth
system prediction and climate risk management in the service
of U.S. public safety, security, and economic interests,
including, in coordination with the Department of Homeland
Security, evaluation of the modernization and adaptation of
capabilities from the National Infrastructure Simulation and
Analysis Center to support climate impacts on infrastructure
and communities.
The agreement provides $2,000,000 in funding for academia
to examine and perform independent evaluations of climate
models using existing data sets and peer-reviewed
publications of climate-scale processes to validate various
models' ability to reproduce the actual climate.
The agreement provides not less than $105,000,000 for
Environmental System Science. The Department is directed to
continue to support NGEE Arctic, NGEE Tropics, the SPRUCE
field site, the Watershed Function and Mercury Science Focus
Areas, and the AmeriFLUX project.
The agreement provides not less than $30,000,000 to
continue the development of observational assets and support
associated research on the nation's major land-water
interfaces, including the Great Lakes and the Puget Sound,
that leverages national laboratories' assets as well as local
infrastructure and expertise at universities and other
research institutions. The agreement reiterates House
direction on developing a ten-year research plan.
The Department is directed to give priority to optimizing
the operation of BER user facilities.
FUSION ENERGY SCIENCES
The Department is directed to follow and embrace the
recommendations of the Fusion Energy Sciences Advisory
Committee's ``Powering the Future: Fusion and Plasmas'''
report; the agreement reiterates House direction on the
related briefing.
The agreement provides not less than $20,000,000 for the
High-Energy-Density Laboratory Plasmas program to advance
cutting-edge research in extreme states of matter; expand the
capabilities of the LaserNetUS facilities; and provide
initial investments in new intense, ultrafast laser
technologies needed to retain U.S. leadership in these
fields.
The agreement provides not less than $59,000,000 for NSTX-U
Operations, not less than $33,000,000 for NSTX-U Research,
and not less than $25,000,000 for the Material Plasma
Exposure eXperiment.
The agreement reiterates House direction on the Milestone-
Based Development Program and the stellarator facility.
The agreement provides $242,000,000 for the U.S.
contribution to the ITER project, of which not less than
$60,000,000 is for in-cash contributions. The agreement
reiterates House direction on an updated baseline for
Subproject 1 and a baseline for Subproject 2.
HIGH ENERGY PHYSICS
The agreement provides not less than $30,000,000 for the
Sanford Underground Research Facility, up to $20,000,000 for
Cosmic Microwave Background-Stage 4, and not less than
$40,000,000 for the HL-LHC Upgrade projects.
The agreement supports activities for the LuSEE Night
project.
The agreement provides up to $13,000,000 for other project
costs for the Long Baseline
[[Page H2254]]
Neutrino Facility/Deep Underground Neutrino Experiment.
Further, if the Department deems it necessary to provide
further funding for this project, it is encouraged to seek a
reprogramming, but these funds shall come from other research
activities and projects currently funded at Fermi National
Laboratory.
NUCLEAR PHYSICS
The Department is directed to give priority to optimizing
operations for all Nuclear Physics user facilities.
The agreement provides for the completion of sPHENIX, up to
$15,800,000 for the Gamma-Ray Energy Tracking Array, up to
$16,200,000 for MOLLER, up to $1,400,000 for Ton-Scale
Neutrinoless Double Beta Decay, and up to $13,000,000 for the
High Rigidity Spectrometer.
ISOTOPES R&D AND PRODUCTION
The agreement supports the FRIB Isotope Harvesting
projects.
WORKFORCE DEVELOPMENT FOR TEACHERS AND SCIENTISTS
The agreement reiterates House and Senate direction on a
five-year educational and workforce development plan. The
agreement reiterates Senate direction on the curriculum
working group.
SCIENCE LABORATORIES INFRASTRUCTURE
The Department is directed to provide to the Committees not
later 90 days after enactment of this Act a briefing on the
funding levels required for operations and maintenance of the
Oak Ridge National Laboratory nuclear facilities. This is the
only direction related to the Oak Ridge National Laboratory
nuclear facilities.
Nuclear Waste Disposal
The agreement provides $27,500,000 for Nuclear Waste
Disposal, of which $20,000,000 is for interim storage and
$7,500,000 is for Nuclear Waste Fund oversight activities.
Technology Transitions
The agreement provides $19,470,000 for Technology
Transitions. The agreement provides not less than $5,000,000
for a competitive funding opportunity for incubators
supporting energy innovation clusters.
Clean Energy Demonstrations
The agreement provides $20,000,000 for Clean Energy
Demonstrations.
Pursuant to the budget request, the Office of Clean Energy
Demonstrations (OCED) is intended to be a technology neutral
office with expertise in large-scale energy project
management and finance. It is expected that the Department
avoid the practice of making awards dependent on funding from
future years' appropriations. The Department is directed to
provide to the Committees not later than 30 days after
enactment of this Act a briefing on how OCED will conduct
administrative and project management responsibilities.
Advanced Research Projects Agency--Energy
The agreement provides $450,000,000 for the Advanced
Research Projects Agency--Energy (ARPA-E). The Department is
directed to consider activities proposed under ARPA-C that
are consistent with ARPA-E's mission and authorization in
addition to its other current and proposed activities.
Title 17 Innovative Technology Loan Guarantee Program
The agreement provides a net appropriation of $29,000,000
in administrative expenses for the Title 17 Innovative
Technology Loan Guarantee Program.
Advanced Technology Vehicles Manufacturing Loan Program
The agreement provides $5,000,000 for the Advanced
Technology Vehicles Manufacturing Loan Program.
Tribal Energy Loan Guarantee Program
The agreement provides $2,000,000 for the Tribal Energy
Loan Guarantee Program.
Indian Energy Policy and Programs
The agreement provides $58,000,000 for Indian Energy Policy
and Programs. The agreement provides not less than
$20,000,000 to advance technical assistance, demonstration,
and deployment of clean energy technologies, including solar
and energy storage, for households and communities in tribal
nations to improve reliability, resilience, and alleviate
energy poverty.
Departmental Administration
The agreement provides $240,000,000 for Departmental
Administration.
The agreement reiterates House direction on the report
related to critical minerals assets.
Control Points.--The agreement includes eight reprogramming
control points in this account to provide flexibility in the
management of support functions. The Other Departmental
Administration activities include Management, Project
Management Oversight and Assessments, Chief Human Capital
Officer, Office of Small and Disadvantaged Business
Utilization, General Counsel, Office of Policy, and Public
Affairs. The Department is directed to continue to submit a
budget request that proposes a separate funding level for
each of these activities.
Chief Information Officer.--The agreement provides not less
than $71,800,000 for cybersecurity and secure information. In
addition, the agreement provides not less than $55,000,000 to
address the impacts of the SolarWinds incident across the
Department.
International Affairs.--The agreement provides $2,000,000
for the Israel Binational Industrial Research and Development
(BIRD) Foundation and $4,000,000 to continue the U.S. Israel
Center of Excellence in Energy Engineering and Water
Technology.
Other Departmental Administration.--The agreement provides
not less than $28,000,000 for the Chief Human Capital
Officer, up to $38,000,000 for the General Counsel, not less
than $13,000,000 for Project Management Oversight and
Assessments, not less than $3,500,000 for the Office of Small
and Disadvantaged Business Utilization, and not less than
$4,000,000 for Public Affairs.
U.S. Energy and Employment Report.--The agreement provides
up to $2,000,000 for the Department to continue to complete
an annual U.S. energy employment report that includes a
comprehensive statistical survey to collect data, publish the
data, and provide a summary report, with requirements as
outlined in the House report. The Department is directed to
produce and release this report annually.
The agreement reiterates Senate direction related to the
CIO Business Operations Support Services (CBOSS) program.
Office of the Inspector General
The agreement provides $78,000,000 for the Office of the
Inspector General. The following is the only direction for
the Office of the Inspector General.
There continues to be concerns about how the new
independent audit strategy will be implemented. As such, the
Inspector General is directed to provide to the Committees
not later than 15 days after enactment of this Act, and
monthly thereafter, a briefing on the implementation of the
independent audit strategy.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The agreement provides $20,656,000,000 for the National
Nuclear Security Administration (NNSA).
Weapons Activities
The agreement provides $15,920,000,000 for Weapons
Activities.
Integrated Priorities Report.--The fiscal year 2021 Act
directed NNSA to provide with its budget request an
Integrated Priorities Report (IPR). The report NNSA submitted
does not meet the direction set by the fiscal year 2021 Act
and was identified by NNSA as not a final integrated priority
report. The agreement reiterates House direction regarding
NNSA's submission of an IPR with the annual budget request.
Stockpile Management.--In lieu of House and Senate
direction, the agreement includes funding consistent with the
budget request as Congress awaits the upcoming Nuclear
Posture Review (NPR). NNSA is directed to brief the
Congressional Defense Committees on any departures from the
fiscal year 2022 budget request in the NPR.
Plutonium Pit Production Modernization.--GAO is engaged in
an ongoing review of NNSA's integrated master schedule (IMS)
that includes all pit production-related project and program
activities. NNSA is directed to provide to the Committees not
later than 30 days after enactment of this Act, and not less
than quarterly thereafter, a briefing on progress on meeting
the pit production cost and schedule milestones in the IMS.
Additionally, concerns remain about contingency planning
for pit production given the timeline for achieving 80 pits
per year will stretch beyond 2030. The contingency plan NNSA
provided the Committees includes only minimal detail on
meeting the needs of the nuclear deterrent that do not solely
rely on the statutory milestones for pit production. NNSA is
directed to provide to the Committees not later than 60 days
after enactment of this Act an update detailing actionable
plans based on current pit production timelines and
coordinated with the Department of Defense. NNSA is further
reminded that the contingency plan shall be updated and
submitted annually with the budget request.
University Collaboration.--The agreement reiterates House
direction regarding a Center of Excellence.
Academic Programs.--Within amounts for Academic Programs,
the agreement provides $40,000,000 for the Minority Serving
Institution Partnership Program and $10,000,000 for the
Tribal Colleges and Universities Partnership Program. The
agreement reiterates Senate direction regarding the
distribution of funds.
Inertial Confinement Fusion (ICF) and High Yield.--Within
available funds, the agreement provides not less than
$350,000,000 for the National Ignition Facility (NIF), not
less than $83,000,000 for OMEGA, not less than $66,900,000
for the Z Facility, and not less than $6,000,000 for the NIKE
Laser at the Naval Research Laboratory. A predictable and
sustained availability of targets is essential to the
operations of NNSA's laser facilities, and the agreement
provides not less than $33,000,000 for target research,
development, and fabrication to cost-effectively operate the
NIF, Z, and OMEGA facilities.
Advanced Simulation and Computing.--Within funds provided
for Advanced Simulation and Computing (ASC), the agreement
provides $25,000,000 for research in, and leading to the
development of, memory technologies that will drive 40X
performance gains beyond that achieved by exascale computing
systems for critical mission applications. Within funds
provided for ASC, the agreement provides $15,000,000 for
scalable computational NVMe over fabrics for exascale
computing applications at Los Alamos National Laboratory.
[[Page H2255]]
Stockpile Responsiveness Program.--The agreement reiterates
House direction regarding an annual report and periodic
updates.
Contractor Pensions.--The agreement provides $78,656,000
for payments into the legacy University of California
contractor employee defined benefit pension plans, the Requa
settlement reached in 2019, and the pension plan at the
Savannah River Site.
Defense Nuclear Nonproliferation
The agreement provides $2,354,000,000 for Defense Nuclear
Nonproliferation.
Global Material Security.--The agreement provides not less
than $38,000,000 for the Green Border Security Initiative
within the Nuclear Smuggling Detection and Deterrence
program. Within available funds, not less than $25,000,000 is
for the Cesium Irradiator Replacement Program.
DNN R&D.--The agreement provides $20,000,000 for the
University Consortia for Nonproliferation Research.
Contractor Pensions.--The agreement provides $38,800,000
for payments into the legacy University of California
contractor employee defined benefit pension plans, the Requa
settlement reached in 2019, and the pension plan at the
Savannah River Site.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $1,918,000,000 for Naval Reactors.
Spent Fuel Handling Facility.--The agreement provides funds
above the budget request to address project cost increases
and to mitigate the risk of schedule delays.
Federal Salaries and Expenses
The agreement provides $464,000,000 for Federal Salaries
and Expenses.
The agreement recognizes the importance of recruiting and
retaining the highly skilled personnel needed to meet NNSA's
important mission. NNSA is directed to only hire within
authorized personnel numbers provided for a given fiscal
year, and if NNSA exceeds this authorized amount, then the
Administrator must submit to the Committees within 30 days of
the exceedance a report justifying the excess. The NNSA is
directed to continue providing monthly updates on the status
of hiring and retention.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
The agreement provides $6,710,000,000 for Defense
Environmental Cleanup.
Richland.--The Department is directed to carry out
maintenance and public safety efforts at historical sites,
including the B Reactor. This includes facility improvements
needed to expand public access and interpretive programs.
Specifically, within available funds, the agreement provides
$10,000,000 for B Reactor roof replacement and other work to
preserve the facility. The Department is directed to request
any additional funding needed to complete the identified
other work to preserve the facility starting with the fiscal
year 2023 budget.
None of the Richland Operations funds shall be used to
carry out activities with the Office of River Protection's
tank farms.
Office of River Protection.--The agreement reiterates House
direction regarding low level waste offsite disposal.
The agreement provides funds for full engineering,
procurement, and construction work on the High-Level Waste
Treatment Facility, for design and engineering of the Pre-
Treatment Facility, to ensure compliance with the 2016
Consent Decree and Tri-Party Agreement milestones, and to
continue tank waste retrievals.
Savannah River Site.--The agreement reiterates House
direction regarding funding Savannah River National
Laboratory radiological facilities.
Defense Uranium Enrichment Decontamination and Decommissioning
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $573,333,000 for Defense Uranium
Enrichment Decontamination and Decommissioning.
Other Defense Activities
The agreement provides $985,000,000 for Other Defense
Activities. The agreement includes $12,000,000 above the
budget request for targeted investments to defend the U.S.
energy sector against the evolving threat of cyber and other
attacks in support of the resiliency of the nation's electric
grid and energy infrastructure.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
The agreement provides no appropriation for the Bonneville
Power Administration, which derives its funding from revenues
deposited into the Bonneville Power Administration Fund.
Operation and Maintenance, Southeastern Power Administration
The agreement provides a net appropriation of $0 for the
Southeastern Power Administration.
Operation and Maintenance, Southwestern Power Administration
The agreement provides a net appropriation of $10,400,000
for the Southwestern Power Administration. To ensure
sufficient authority to meet purchase power and wheeling
needs, the agreement includes $21,000,000 above the level
credited as offsetting collections by the Congressional
Budget Office.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
The agreement provides a net appropriation of $90,772,000
for the Western Area Power Administration.
Falcon and Amistad Operating and Maintenance Fund
The agreement provides a net appropriation of $228,000 for
the Falcon and Amistad Operating and Maintenance Fund.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $466,426,000 for the Federal Energy
Regulatory Commission (FERC). Revenues for FERC are set to an
amount equal to the budget authority, resulting in a net
appropriation of $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING TRANSFERS AND RECISSIONS OF FUNDS)
The agreement includes a provision prohibiting the use of
funds provided in this title to initiate requests for
proposals, other solicitations, or arrangements for new
programs or activities that have not yet been approved and
funded by Congress; requires notification or a report for
certain funding actions; prohibits funds to be used for
certain multi-year ``Energy Programs'' activities without
notification; and prohibits the obligation or expenditure of
funds provided in this title through a reprogramming of funds
except in certain circumstances. The notification
requirements in the provision also apply to the modification
of any grant, contract, or Other Transaction Agreement where
funds are allocated for new programs, projects, or activities
not covered by a previous notification.
The agreement includes a provision authorizing intelligence
activities of the Department of Energy for purposes of
section 504 of the National Security Act of 1947.
The agreement includes a provision prohibiting the use of
funds in this title for capital construction of high hazard
nuclear facilities, unless certain independent oversight is
conducted.
The agreement includes a provision prohibiting the use of
funds in this title to approve critical decision-2 or
critical decision-3 for certain construction projects, unless
a separate independent cost estimate has been developed for
that critical decision.
The agreement includes a provision regarding authority to
release refined petroleum product from the Strategic
Petroleum Reserve.
The agreement includes a provision to prohibit certain
payments.
The agreement includes a provision that rescinds certain
funds from prior year appropriations.
The agreement includes a provision transferring certain
funds.
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TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
The agreement provides $195,000,000 for the Appalachian
Regional Commission (ARC). The following is the only
direction for the Appalachian Regional Commission.
The agreement includes $13,000,000 to address the substance
abuse crisis that disproportionally affects Appalachia.
Within available funds, $8,000,000 is for Local Development
Districts.
Within available funds, not less than $15,000,000 is for
counties within the Northern Appalachian region to support
economic development, manufacturing, and entrepreneurship.
Within available funds, $65,000,000 is for the POWER Plan.
Within available funds, $10,000,000 is provided to continue
the program of high-speed broadband deployment in distressed
counties within the Central Appalachian region that have been
most negatively impacted by the downturn in the coal
industry.
Within available funds, $15,000,000 is provided to continue
a program of high-speed broadband deployment in economically
distressed counties within the North Central and Northern
Appalachian regions.
Within available funds, not less than $16,000,000 is
provided for a program of industrial site and workforce
development in Southern and South Central Appalachia, focused
primarily on the automotive supplier sector and the aviation
sector. Up to $13,500,000 of that amount is for activities in
Southern Appalachia. The funds shall be distributed to states
that have distressed counties in Southern and South Central
Appalachia using the ARC Area Development Formula.
Within available funds, $16,000,000 is provided for a
program of basic infrastructure improvements in distressed
counties in Central Appalachia. Funds shall be distributed
according to ARC's distressed counties formula and shall be
in addition to the regular allocation to distressed counties.
The agreement reiterates House direction regarding high-
poverty areas.
The agreement reiterates House direction regarding clean
energy activities.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
The agreement provides $36,000,000 for the Defense Nuclear
Facilities Safety Board.
Delta Regional Authority
SALARIES AND EXPENSES
The agreement provides $30,100,000 for the Delta Regional
Authority.
Within available funds, the agreement includes not less
than $15,000,000 for flood control, basic public
infrastructure development, and transportation improvements,
which shall be allocated separate from the state formula
funding method.
The agreement reiterates House direction regarding high-
poverty areas.
The agreement reiterates House direction regarding clean
energy activities.
Denali Commission
The agreement provides $15,100,000 for the Denali
Commission.
The agreement reiterates House direction regarding high-
poverty areas.
The agreement reiterates House direction regarding clean
energy activities.
Northern Border Regional Commission
The agreement provides $35,000,000 for the Northern Border
Regional Commission.
Within available funds, not less than $4,000,000 is for
initiatives that seek to address the decline in forest-based
economies throughout the region, $1,000,000 is for the State
Capacity Building Grant Program, and $5,000,000 is for
broadband initiatives.
The agreement reiterates House direction regarding high-
poverty areas.
The agreement reiterates House direction regarding clean
energy activities.
The agreement reiterates Senate direction regarding
projects that demonstrate evidence of planning for climate
resiliency.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $5,000,000 to remain
available until expended. The recent appointment and
confirmation of a Federal Co-Chair is welcome news, and the
agreement supports expeditiously moving forward to start up
and establish the Commission.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $2,500,000 to remain
available until expended. The Administration is encouraged to
promptly appoint a Federal Co-Chair in order to establish key
partnerships with local communities and improve economic
conditions and travel along the southwest border.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $873,901,000 for the Nuclear
Regulatory Commission. This amount is offset by estimated
revenues of $745,258,000, resulting in a net appropriation of
$128,643,000.
Integrated University Program.--The Commission is directed
to use $16,000,000 of prior year, unobligated balances for
the Integrated University Program, including for grants to
support research projects that do not align with programmatic
missions but are critical to maintaining the discipline of
nuclear science and engineering. Because the Commission has
already collected fees corresponding to these activities in
prior years, the agreement does not include these funds
within the fee base calculation for determining authorized
revenues and does not provide authority to collect additional
offsetting receipts for their use.
Advanced Nuclear Reactor Regulatory Infrastructure.--The
agreement includes $23,000,000 for the development of
regulatory infrastructure for advanced nuclear technologies,
which is not subject to the Commission's general fee recovery
collection requirements.
(Dollars in thousands)
------------------------------------------------------------------------
Account Final Bill
------------------------------------------------------------------------
Nuclear Reactor Safety..................................... $477,430
Integrated University Program.............................. 16,000
Nuclear Materials and Waste Safety......................... 107,337
Decommissioning and Low-Level Waste........................ 22,856
Corporate Support.......................................... 266,278
Use of Prior-Year Balances................................. --16,000
TOTAL, Nuclear Regulatory Commission................... 873,901
------------------------------------------------------------------------
OFFICE OF INSPECTOR GENERAL
The agreement provides $13,799,000 for the Office of
Inspector General in the Nuclear Regulatory Commission. This
amount is offset by revenues of $11,442,000, resulting in a
net appropriation of $2,357,000.
The agreement provides $1,146,000 to provide inspector
general services for the Defense Nuclear Facilities Safety
Board.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
The agreement provides $3,800,000 for the Nuclear Waste
Technical Review Board.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
The agreement includes a provision instructing the Nuclear
Regulatory Commission on responding to congressional requests
for information.
The agreement includes a provision relating to
reprogramming.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision relating to lobbying
restrictions.
The agreement includes a provision relating to transfer
authority. No additional transfer authority is implied or
conveyed by this provision. For the purposes of this
provision, the term ``transfer'' shall mean the shifting of
all or part of the budget authority in one account to
another. In addition to transfers provided in this Act or
other appropriations Acts, and existing authorities, such as
the Economy Act (31 U.S.C. 1535), by which one part of the
United States Government may provide goods or services to
another part, this Act allows transfers using section 4705 of
the Atomic Energy Defense Act (50 U.S.C. 2745) and 15 U.S.C.
638 regarding SBIR/STTR.
The agreement includes a provision prohibiting funds to be
used in contravention of the executive order entitled
``Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations.''
The agreement includes a provision prohibiting the use of
funds to establish or maintain a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography, except for law enforcement investigation,
prosecution, or adjudication activities.
The agreement includes a provision making a technical
correction to Public Law 117-58.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2022
The joint explanatory statement accompanying this division
is approved and indicates Congressional intent. Unless
otherwise noted, the language set forth in House Report 117-
79 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.
References in the joint explanatory statement to ``the
Committees'' refer to the Committees on Appropriations of the
House and Senate.
Reports.--Agencies funded by this Act that currently
provide separate copies of periodic reports and
correspondence to the chairs and ranking members of the House
and Senate Appropriations Committees and Subcommittees on
Financial Services and General Government are directed to use
a single cover letter jointly addressed to the chairs and
ranking members of the Committees and Subcommittees of both
the House and the Senate. To the greatest extent feasible,
agencies should include in the cover letter a reference or
hyperlink to facilitate electronic access to the report and
provide the documents by electronic mail delivery. These
measures will help reduce costs, conserve paper, expedite
agency processing, and ensure that consistent information is
conveyed concurrently to the majority and minority committee
offices of both chambers of Congress.
To help ensure the Committees' ability to perform their
responsibilities, the Committees insist on having direct,
unobstructed, and timely access to the budget offices and
expect to be able to receive forthright and complete
responses from those offices and their employees.
The agreement directs all agencies to plan accordingly to
satisfy Congressional reporting deadlines.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022
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, and
the protection of civil rights, 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 submit a report to the Committees on
Appropriations on their efforts relating to such
implementation no later than 180 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 submit a report to the Committees on
Appropriations, no later than 180 days after enactment of
this Act, on their efforts to so participate.
Antideficiency Act Violations.--The agreement directs any
agency funded by this Act to concurrently transmit to the
Committees a copy of any Antideficiency Act violation report
submitted pursuant to 31 U.S.C. 1351 or 31 U.S.C. 1517(b).
Essential Personal Documents.--The agreement encourages the
Comptroller General to conduct a study on options federal
agencies could use to replace existing requirements for
essential personal documents for use by persons experiencing
homelessness or housing instability. The agreement encourages
the Comptroller General to include agencies such as Health
and Human Services, the Department of Veterans Affairs, as
well as other agencies identified by the Comptroller General
that issue essential personal documents.
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
The bill provides $243,109,000 for departmental offices
salaries and expenses.
Wildlife Trafficking.--The Department is directed to use
available resources to pursue and enforce money laundering
and other related laws as related to wildlife trafficking and
the illegal ivory trade. The Department shall report
semiannually during fiscal year 2022 on such enforcement
actions and other steps taken to carry out the Eliminate,
Neutralize, and Disrupt Wildlife Trafficking Act of 2016
(Public Law 114-231).
Banking Services.--The Department, in coordination with the
prudential supervisors, should work with financial
institutions to reduce the number of Americans who are
unbanked or underbanked.
Wildfires.--The Department is expected to study the impacts
that increased wildfire risk is having, and will have, on
insurance markets, including recommendations to ensure that
home, business, and commercial property insurance covering
wildfire-related losses remains available and affordable.
The Department is directed to provide a briefing to the
Committees within 180 days of enactment of this Act on any
redesign plans for U.S. currency.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $20,000,000 for the Committee on Foreign
Investment in the United States Fund.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
The bill provides $195,192,000 for the Office of Terrorism
and Financial Intelligence (TFI).
TFI is directed to fully implement all sanctions and
divestment measures and to promptly notify the Committees of
any resource constraints that adversely impact the
implementation of any sanctions program.
CYBERSECURITY ENHANCEMENT ACCOUNT
The bill provides $80,000,000 for the Cybersecurity
Enhancement Account.
DEPARTMENT WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $6,118,000 for the Department-Wide
Systems and Capital Investments Programs.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $42,275,000 for salaries and expenses of
the Office of Inspector General.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
The bill provides $174,250,000 for salaries and expenses of
the Treasury Inspector General for Tax Administration
(TIGTA).
Combatting Internal Revenue Service (IRS) Impersonation
Scams.--TIGTA is encouraged to continue to prioritize working
with the IRS to increase awareness of IRS impersonation
scams. TIGTA is urged to pursue the criminals perpetrating
this fraud.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
The bill provides $16,000,000 for salaries and expenses of
the Office of the Special Inspector General for the Troubled
Asset Relief Program.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The bill provides $161,000,000 for salaries and expenses
for the Financial Crimes Enforcement Network (FinCEN).
Beneficial Ownership Database.--The agreement includes
funds for FinCEN to develop and maintain a national
beneficial ownership database, and for staffing and support
costs to implement and enforce the other new requirements of
the Anti-Money Laundering Act of 2020, including the
Corporate Transparency Act of 2020. In developing the
beneficial ownership database, FinCEN is encouraged to
include multilingual name-matching technology that uses
phonetics and linguistics to identify the names of persons
and entities written in different languages and original
alphabetic characters in non-standardized domestic and
international data systems.
Money Laundering in the U.S. Real Estate Market.--FinCEN is
directed to provide regular updates on its efforts to address
the vulnerabilities to money laundering that exist in the
U.S. real estate market, including regulations for new
recordkeeping and reporting requirements for non-financed
real estate transactions.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
The bill provides $355,936,000 for salaries and expenses of
the Bureau of the Fiscal Service.
The agreement supports the Bureau's Quality Service
Management Office for financial management.
Improper Payments.--The Bureau is expected to continue
implementation of the Payment Integrity Information Act
(Public Law 116-117), which will allow the Bureau to work
more closely with States and Federal agencies to efficiently
curb improper payments. The Bureau is expected to remain in
close communication with Congress and the Office of
Management and Budget (OMB) regarding implementation of this
Act and the Bureau's progress assisting in the reduction of
improper payments.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
The bill provides $128,067,000 for salaries and expenses of
the Alcohol and Tobacco Tax and Trade Bureau (TTB).
Website Feedback.--TTB is directed to provide a briefing
not later than 90 days after enactment of this Act on the
survey methodology and metrics employed by the Bureau to
solicit feedback from regulated entities on the Bureau's
website.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The bill specifies that not more than $50,000,000 in new
liabilities and obligations may be incurred during fiscal
year 2022 for circulating coinage and protective service
capital investments of the U.S. Mint.
Community Development Financial Institutions Fund Program Account
The bill provides $295,000,000 for the Community
Development Financial Institutions
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(CDFI) Fund program. The bill limits the total loan principal
for the Bond Guarantee program to $500,000,000.
------------------------------------------------------------------------
Program ($000)
------------------------------------------------------------------------
Financial/Technical Assistance Grants...................... 173,383
(Disability Fund)........................................ (10,000)
(Mobility Corps)......................................... (2,000)
Native Initiatives......................................... 21,500
Bank Enterprise Award Program.............................. 35,000
Healthy Food Financing Initiative.......................... 23,000
Small Dollar Loan Program.................................. 8,500
Administrative Expenses.................................... 33,617
------------
Total, CDFI Fund Program Account....................... 295,000
------------------------------------------------------------------------
Impact of CDFI Awardees.--The agreement directs the
Secretary to report to the Committees within 90 days of
enactment of this Act on the impact the most recent CDFI Fund
Awardees are having in the communities they serve, the
overall risk the Fund's portfolio is exposed to, and a
description of awardees that are at risk of noncompliance.
Economic Mobility Corps.--The agreement recommends not less
than $2,000,000 for the Economic Mobility Corps Program to
continue the interagency agreement with the Corporation for
National and Community Service to place national service
members at certified CDFIs. The program strengthens the
capacity of CDFIs to perform their activities relating to
community and economic development, including but not limited
to the following: financial literacy, financial planning,
budgeting, saving, and other financial counseling activities;
provision of financial products and services; homeownership
counseling and financing; small business counseling and
financing; and financing of affordable housing and community
development facilities. Priority should be given to positions
in rural areas and to veterans.
Minority Lending Institutions.--In lieu of the House report
language on Minority Lending Institutions, the Department is
directed to provide a briefing no later than 90 days after
enactment of this Act to the Committees, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs on the Fund's support for minority
lending institutions, including amounts and types of
assistance and other support the Department provides to
minority lending institutions.
Clean Technology.--No more than $1,000,000 is available to
provide technical assistance to CDFIs on projects that are
eligible for investment under the Riegle Community
Development and Regulatory Improvement Act of 1994 that
provide sustainable homeownership, energy efficiency, and
improved infrastructure in distressed and underserved
communities.
Internal Revenue Service
Modernizing Taxpayer Notices and Communications.--The IRS
is encouraged to examine options during their modernization
efforts that ensure taxpayers in rural areas will not face
undue burdens following the conclusion of the modernization
period.
Cybersecurity.--The IRS is urged to continue to implement
recommendations from the Government Accountability Office
(GAO), the Taxpayer Advocate, and TIGTA that address known
security weaknesses.
The IRS is reminded of its obligations under sections 106
and 107 of this Act prohibiting consideration of religious
beliefs, political affiliation, or any other activity
protected by the first amendment in targeting an organization
for regulatory scrutiny and in determining an organization's
tax-exempt status.
TAXPAYER SERVICES
The bill provides $2,780,606,000 for Taxpayer Services.
Within the overall amount, not less than $11,000,000 is for
the Tax Counseling for the Elderly Program; not less than
$13,000,000 is for low-income taxpayer clinic grants; and not
less than $221,000,000 is for operating expenses of the IRS
Taxpayer Advocate Service, of which not less than $5,500,000
is for identity theft casework.
In addition, within the overall amount provided, not less
than $30,000,000 is available until September 30, 2023, for
the Community Volunteer Income Tax Assistance Matching Grants
Program.
Backlog of Returns and Correspondence.--The IRS is directed
to brief the Committees no later than 30 days after enactment
of this Act on the status of the returns and correspondence
backlog, focusing on a timeframe for addressing and
strategies to reduce the backlog. Millions of taxpayers have
been inconvenienced by the historical filing return and
correspondence backlog and struggle to reach an IRS customer
service representative. To address this issue, the agreement
increases funding for Taxpayer Services, allows for the
transfer of funds from the Enforcement and Operations Support
appropriations for the backlog, and provides direct hire
authority for additional staff to address the backlog.
Identity Protection Personal Identification Number (IP PIN)
Expansion.--The agreement continues the directive adopted in
the explanatory statement accompanying division E of the
Consolidated Appropriations Act, 2021 (Public Law 116-456)
relating to the IP PIN pilot program.
Taxpayer Services in Alaska and Hawaii.--The agreement
continues the directive adopted in the explanatory statement
accompanying division E of the Consolidated Appropriations
Act, 2021 (Public Law 116-456) relating to taxpayer advocate
centers in Alaska and Hawaii.
ENFORCEMENT
The bill provides $5,437,622,000 for Enforcement, of which
up to $21,000,000 is for investigative technology for the
Criminal Investigation Division, to support their critical
law enforcement mission, and not less than $60,257,000 is for
the Interagency Crime and Drug Enforcement program.
Reducing the Tax Gap.--In lieu of the House report
directive on publishing distributional estimates of the tax
gap, the IRS is directed to brief the Committees no later
than 60 days after enactment of this Act on the composition
of the tax gap, highlighting those groups who have neglected
to pay their full tax obligation.
IRS Audit Rates.--In lieu of the House report directive on
IRS Audit Rates, the IRS is directed to submit a report no
later than 60 days after enactment of this Act on how the IRS
determines its audit policies.
Preventing Misclassification of Contractors.--The IRS is
directed to continue to notify the Committees, the House Ways
and Means Committee, and the Senate Finance Committee prior
to making any staffing reductions or reallocations within the
SS-8 processing program.
OPERATIONS SUPPORT
The bill provides $4,100,826,000 for Operations Support, of
which $10,000,000 is for a Federal contractor tax check
system.
Federal Contractor Tax Check System.--The IRS is directed
to provide the Committees with a quarterly update on the
status of the tax check application.
BUSINESS SYSTEMS MODERNIZATION
The bill provides $275,000,000 for Business Systems
Modernization. The total includes funding for Customer
Account Data Engine 2, Enterprise Case Management System, Web
Applications, taxpayer assistance systems, cybersecurity, and
data protection.
The agreement directs the Department to conduct a semi-
annual review of the IRS' major IT investments. The agreement
further directs GAO to review and provide an annual report to
the Committees evaluating the cost, functionality, and
schedule of major IRS IT investments.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 101 provides transfer authority.
Section 102 requires the IRS to maintain an employee
training program on topics such as taxpayers' rights.
Section 103 requires the IRS to safeguard taxpayer
information and to protect taxpayers against identity theft.
Section 104 permits funding for 1 800 help line services
for taxpayers and directs the Commissioner to make improving
phone service a priority and to enhance response times.
Section 105 requires the IRS to issue notices to employers
of any address change request and to give special
consideration to offers in compromise for taxpayers who have
been victims of payroll tax preparer fraud.
Section 106 prohibits the use of funds by the IRS to target
United States citizens for exercising any right guaranteed
under the First Amendment to the Constitution.
Section 107 prohibits the use of funds by the IRS to target
groups for regulatory scrutiny based on their ideological
beliefs.
Section 108 requires the IRS to comply with procedures and
policies on conference spending in accordance with IRS
policies issued as a result of TIGTA recommendations.
Section 109 prohibits funds for giving bonuses to employees
or hiring former employees without considering conduct and
compliance with Federal tax law.
Section 110 prohibits the IRS from using funds made
available by this Act to contravene a provision of the
Internal Revenue Code of 1986 related to the confidentiality
and disclosure of returns and return information.
Section 111 provides the IRS with direct hiring authorities
for positions to process backlogged tax returns and return
information.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
Section 112 allows Treasury to use funds for certain
specified expenses.
Section 113 allows for the transfer of up to 2 percent of
funds among various Treasury bureaus and offices.
Section 114 allows for the transfer of up to 2 percent from
the IRS accounts to TIGTA.
Section 115 prohibits funding to redesign the $1 note.
Section 116 allows for the transfer of funds from the
Bureau of the Fiscal Service--Salaries and Expenses to the
Debt Collection Fund conditional on future reimbursement.
Section 117 prohibits funds to build a United States Mint
museum without the approval of the Committees and the
authorizing committees of jurisdiction.
Section 118 prohibits funding for consolidating the
functions of the United States Mint and the Bureau of
Engraving and Printing without the approval of the Committees
and the authorizing committees of jurisdiction.
Section 119 specifies that funds for Treasury intelligence
activities are deemed to be specifically authorized until
enactment of the fiscal year 2022 Intelligence Authorization
Act.
Section 120 permits the Bureau of Engraving and Printing to
use up to $5,000 from the Industrial Revolving Fund for
reception and representation expenses.
[[Page H2351]]
Section 121 requires the Secretary to submit a Capital
Investment Plan.
Section 122 requires a Franchise Fund report.
Section 123 prohibits the Department from finalizing any
regulation related to the standards used to determine the
tax-exempt status of a 501(c)(4) organization.
Section 124 requires the Office of Financial Research and
Office of Financial Stability to submit quarterly reports.
Section 125 provides funding for the Special Inspector
General for Pandemic Recovery.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
SALARIES AND EXPENSES
The bill provides $65,000,000 for the salaries and expenses
of the White House.
American Grown Flowers.--The White House is encouraged to
adopt an American-grown policy for cut flowers and greens
displayed at the White House to support American farmers,
retailers, wholesalers, florists, and their employees who
rely on the American-grown cut flower industry.
Executive Residence at the White House
OPERATING EXPENSES
The bill provides $14,050,000 for the Executive Residence
at the White House.
White House Repair and Restoration
The bill provides $2,500,000 for repair, alteration, and
improvement of the Executive Residence at the White House.
Council of Economic Advisers
SALARIES AND EXPENSES
The bill provides $4,120,000 for salaries and expenses of
the Council of Economic Advisers.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
The bill provides $12,500,000 for salaries and expenses of
the National Security Council and Homeland Security Council,
of which not to exceed $6,000 is available for official
reception and representation expenses.
Office of Administration
SALARIES AND EXPENSES
The bill provides $106,500,000 for salaries and expenses of
the Office of Administration, of which not more than
$12,800,000 is for information technology modernization.
Office of Management and Budget
SALARIES AND EXPENSES
The bill provides $116,000,000 for salaries and expenses of
the Office of Management and Budget (OMB).
Federal Government Hiring Process.--There is concern about
the length of time it takes the Federal Government to hire
qualified employees and the difficulty talented individuals
have in applying for and securing Federal employment. Many,
if not all, of the agencies funded in this bill have raised
concerns about the hiring process. Often, when agencies are
finally able to offer employment to a qualified individual,
it is too late, and the candidate has accepted other
employment. Attracting the best talent to serve in the
Federal Government is essential. OMB and the Office of
Personnel Management (OPM) are directed to jointly brief the
Committees no later than 90 days after the enactment of this
Act on how they intend to address this issue.
Information Technology Strategic Plan.--Investment in
Federal information technology infrastructure to help
agencies transform the way they use technology is important,
including investments in cybersecurity and investments that
make it easier for the public to interact with the Federal
Government. Congress has made significant investments in the
Technology Modernization Fund and the Federal Citizens
Services Fund at the General Services Administration (GSA),
in the Information Technology Oversight and Reform Fund at
OMB, and in the U.S. Digital Service. The Federal Government
must maximize the impact of these funds by developing a
strategic plan for use of the funds that will prevent
duplication of efforts, direct the funds to their highest
use, and guarantee coordination among agencies. OMB is
directed to provide the Committees with a detailed strategic
plan for use of the funds no later than 60 days after the
enactment of this Act.
FBI Police.--The Federal Bureau of Investigation is
encouraged to coordinate with the OPM and any other relevant
agencies to assist with designating members of the FBI Police
as law enforcement officers to make the rates of basic pay,
salary schedule, pay provisions, and benefits for its members
equivalent to the rates of basic pay, salary schedule, pay
provisions, and benefits applicable to other similar law
enforcement divisions.
White House Conference on Food, Nutrition, Hunger, and
Health.--The agreement supports the White House Conference on
Food, Nutrition, Hunger, and Health in 2022, which is being
convened by the Department of Health and Human Services in
partnership with the Executive Office of the President (EOP).
The agreement does not adopt the House report directives on
the hunger conference or hunger report but expects EOP
cooperation with the associated directives contained in the
explanatory statement accompanying the fiscal year 2022
Labor, Health and Human Services, Education, and Related
Agencies funding bill.
Future of Federal Office Space.--OMB, in coordination with
GSA, shall encourage agencies to consult with employees and
stakeholders and provide updated real property requirements.
Furthermore, OMB, in coordination with GSA, shall report to
the Committees no later than 180 days after enactment of this
Act on how the Federal Government can reduce its office space
requirements based on lessons learned from the use of
telework during the pandemic.
Service Contracts.--There is concern that many Federal
agencies are failing to comply with requirements enacted in
the Consolidated Appropriations Act of 2010 to report
information on the use of service contracts, including how
much is spent on service contracts and the number of
contractors employed through those contracts. OMB is directed
to ensure that agencies comply with these provisions.
OMB is directed to report to the Committees, within 90 days
of enactment of this Act, on whether the Federal government
could incorporate into all contracts for all computing
services new clauses to require reasonable efforts for
vendors to identify, remove, and report images depicting
violations of sections 2251, 2251A, 2252, 2252A, 2252B or
2260 of title 18 of the United States Code, with respect to
child pornography.
Apportionment.--Funds appropriated by Congress may not be
obligated by individual agencies until those agencies receive
a signed apportionment from OMB. For purposes of oversight,
it is imperative that the Congress be informed when
apportionments are signed and, in particular, when
apportionments are not signed in a timely manner or include
restrictions on the obligation of funds. The Committee
appreciates that the apportionment process is necessary to
deter agencies from spending at a rate that would exhaust
program resources before the end of the fiscal year; however,
when Congress appropriates funds, it expects OMB to make
those funds available for obligation subject to reasonable
restrictions on timing. Therefore, the agreement includes a
government-wide General Provision directing OMB to make all
signed apportionments available for review on the agency's
publicly available website within 24 hours of approval. In
addition, OMB shall notify the Committees when any program
specific restrictions are included in an apportionment or
when a signed apportionment is significantly delayed.
Intellectual Property Enforcement Coordinator
The bill provides $1,838,000 for the Intellectual Property
Enforcement Coordinator.
Office of the National Cyber Director
The Office of the National Cyber Director (ONCD) was
created in the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116--283)
to advise the President on cybersecurity and related emerging
technology issues and to coordinate cybersecurity strategy
and policy, including Executive Branch development of an
integrated national cybersecurity.
The Infrastructure Investment and Jobs Act (Public Law 117-
58) provided $21,000,000 for ONCD's startup and first-year
operational costs. The agreement expects that ONCD will be
funded in annual appropriations bills beginning in fiscal
year 2023.
ONCD is expected to comply with the briefing requirement
included in House Report 117-79.
Cyber Workforce.--The agreement notes that ONCD plans to
play a key role in helping to bolster the U.S. national cyber
workforce. ONCD is expected to cooperate with the
Cybersecurity and Infrastructure Security Agency and other
relevant agencies on evaluating potential changes to Federal
cybersecurity training and education programs in future
budget requests or legislative proposals.
Office of National Drug Control Policy
SALARIES AND EXPENSES
The bill provides $18,952,000 for salaries and expenses of
the Office of National Drug Control Policy (ONDCP).
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $296,600,000 for the High Intensity Drug
Trafficking Areas Program (HIDTA).
ONDCP is directed to consult with the HIDTAs in advance of
deciding programmatic spending allocations for discretionary
(supplemental) funding, taking particular note of areas with
the highest rates of overdose deaths.
Opioid Crisis.--To ensure that areas that are hit hardest
by the opioid crisis are equipped with the necessary
resources to adequately coordinate law enforcement
strategies, ONDCP is directed to prioritize eligible
applicants whose communities are experiencing the highest
overdose death rates per capita when deciding new
designations. Further, ONDCP is directed to provide enhanced
technical assistance to any applicants that have applied at
any time during the past three award cycles that did not
receive a designation.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $133,617,000 for Other Federal Drug
Control Programs. The agreement
[[Page H2352]]
allocates funds among specific programs as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Drug-Free Communities Program........................... $106,000,000
(Training)............................................ (2,500,000)
Drug court training and technical assistance............ 3,000,000
Anti-Doping activities.................................. 15,000,000
World Anti-Doping Agency (U.S. membership dues)......... 3,167,000
Model Acts Program...................................... 1,250,000
Community-based coalition enhancement grants (CARA 5,200,000
Grants)................................................
------------------------------------------------------------------------
World Anti-Doping Agency (WADA) Governance.--The agreement
supports ONDCP's ongoing efforts to improve WADA's
effectiveness and urges ONDCP to continue working with
domestic and international partners to protect athletic
competition that is free from doping. ONDCP is directed to
brief and submit a report to the Committees no later than 180
days after enactment of this Act on the status of
implementation of WADA governance reforms necessary to
enhance the role of athletes in WADA decision-making,
increase the independence and transparency of its operations,
and restore confidence in clean competition.
Unanticipated Needs
The bill provides $1,000,000 for unanticipated needs of the
President.
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
The bill provides $8,000,000 for information technology
oversight and reform activities.
Special Assistance to the President
SALARIES AND EXPENSES
The bill provides $4,839,000 for salaries and expenses to
enable the Vice President to provide special assistance to
the President.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $311,000 for operating expenses for the
official residence of the Vice President.
ADMINISTRATIVE PROVISIONS--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 201 provides transfer authority among various
Executive Office of the President accounts.
Section 202 requires the Director of the OMB, during fiscal
year 2022, to include a statement of budgetary impact with
any Executive order issued or revoked and for Presidential
memoranda estimated to have a regulatory cost in excess of
$100,000,000.
Section 203 requires the Director of the OMB to issue a
memorandum to all Federal departments, agencies, and
corporations directing compliance with title VII of this Act.
Section 204 requires OMB to implement a system to make
publicly available, in an automated fashion, all documents
apportioning an appropriation and all relevant delegations of
apportionment authority, and to provide an explanation of any
footnotes for apportioned amounts.
TITLE III
THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
The bill provides $98,338,000 for salaries and expenses of
the Supreme Court. In addition, the bill provides mandatory
costs as authorized by current law for the salaries of the
chief justice and associate justices of the court.
CARE OF THE BUILDING AND GROUNDS
The bill provides $14,434,000 for the care of the Supreme
Court building and grounds.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The bill provides $34,280,000 for salaries and expenses of
the United States Court of Appeals for the Federal Circuit.
In addition, the bill provides mandatory costs as authorized
by current law for the salaries of the chief judge and judges
of the court.
United States Court of International Trade
SALARIES AND EXPENSES
The bill provides $20,600,000 for salaries and expenses of
the United States Court of International Trade. In addition,
the bill provides mandatory costs as authorized by current
law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The bill provides $5,580,052,000 for salaries and expenses
of the Courts of Appeals, District Courts, and Other Judicial
Services. In addition, the bill provides mandatory costs as
authorized by current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
The bill also provides $9,850,000 from the Vaccine Injury
Compensation Trust Fund.
Cybersecurity.--The Judiciary should prioritize funding to
improve its cybersecurity capabilities.
McGirt v. Oklahoma.--The agreement supports the Judiciary's
request for additional funding to address the workload
associated with the McGirt v. Oklahoma decision.
Additional Judges.--In lieu of the House language on
Additional Judges, the Judiciary is directed to report to the
Committees no later than 90 days after enactment of this Act
on how to expand the number of judgeships in districts with
the highest caseload per judge and highest number of
recommended judgeships.
DEFENDER SERVICES
The bill provides $1,343,175,000 for Defender Services.
FEES OF JURORS AND COMMISSIONERS
The bill provides $32,603,000 for Fees of Jurors and
Commissioners.
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)
The bill provides $704,800,000 for Court Security.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The bill provides $98,545,000 for salaries and expenses of
the Administrative Office (AO) of the United States Courts.
Workplace Misconduct.--The Judiciary is directed to submit
a report to the Committees no later than 180 days after
enactment of this Act on the number of formal workplace
misconduct complaints received, investigations conducted,
types of misconduct alleged or found, and actions taken to
address identified misconduct in each judicial circuit,
separately reporting those complaints relating to claims of
sexual harassment and other sexual misconduct.The report
shall also provide comparable total statistics across
national judicial branch agencies, including the AO, the
Federal Judicial Center, and the Sentencing Commission.
Courthouse Priority Determinations.--In lieu of House
report language on Courthouse Priority Determination, the AO
is directed to provide a briefing to the Committees on the
Asset Management Planning process.
Courthouse Design Guide.--Section 522 of the bill requires
that requested construction projects meet design guide
standards that are established and approved by GSA, the
Judicial Conference, and OMB. The Judiciary is directed to
report to the Committees on the design guide changes from
2007 and 2016 and the expected cost increases, as well as
when courthouse projects would be constructed according to
the new design guide no later than 90 days after enactment of
this Act. Notice should be provided to the Committees ahead
of future design guide changes, and efforts should be made to
keep courthouse costs in check.
Federal Judicial Center
SALARIES AND EXPENSES
The bill provides $29,885,000 for salaries and expenses of
the Federal Judicial Center (FJC).
Civil Jury Trials.--The FJC is directed to submit a report
to the Committees no later than one year after enactment of
this Act identifying jurisdictions that have a high number of
civil jury trials and analyze whether the litigation
practices, local court rules, or other factors in those
jurisdictions may contribute to a higher incidence of civil
jury trials.
United States Sentencing Commission
SALARIES AND EXPENSES
The bill provides $20,564,000 for salaries and expenses of
the United States Sentencing Commission.
ADMINISTRATIVE PROVISIONS--THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 301 makes funds appropriated for salaries and
expenses available for services authorized by 5 U.S.C. 3109.
Section 302 provides transfer authority among Judiciary
appropriations.
Section 303 permits not more than $11,000 to be used for
official reception and representation expenses of the
Judicial Conference.
Section 304 extends through fiscal year 2022 the delegation
of authority to the Judiciary for contracts for repairs of
less than $100,000.
Section 305 continues a pilot program where the United
States Marshals Service provides perimeter security services
at selected courthouses.
Section 306 extends temporary judgeships in the eastern
district of Missouri, Kansas, Arizona, the central district
of California, the northern district of Alabama, the southern
district of Florida, New Mexico, the western district of
North Carolina, the eastern district of Texas, and Hawaii.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
Death with Dignity.--Congress has expressly forbidden the
use of Federal funding for purposes related to assisted
suicide under the Assisted Suicide Funding Restriction Act of
1997 (Public Law 105-12). There are concerns that the Death
with Dignity Act of 2016 (D.C. Law 21-182) puts our Nation's
most vulnerable people who are elderly, disabled, or fighting
mental illness at risk. As such, the Chief Financial Officer
for the District of Columbia shall submit a report to the
Committees to certify that no Federal funds are used to
implement D.C. Law 21-182 in the District of Columbia in
contravention of existing law. The District shall also report
to the Committees on the number of lethal prescriptions
prescribed during the fiscal year, the number of patients
that actually consumed the medication and the cause of death
that was listed on the death certificate.
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
The bill provides $40,000,000 for District of Columbia
resident tuition support.
[[Page H2353]]
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
The bill provides $25,000,000 for emergency planning and
security costs in the District of Columbia to remain
available until expended.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
The bill provides $257,591,000 for the District of Columbia
courts, of which $14,366,000 is for the D.C. Court of
Appeals, $133,829,000 is for the Superior Court, $83,443,000
is for the D.C. Court System, and $25,953,000 is for capital
improvements to courthouse facilities.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
The bill provides $46,005,000 for defender services in the
District of Columbia.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
The bill provides $286,426,000 for court services and
offender supervision in the District of Columbia.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
The bill provides $52,598,000 for public defender services
in the District of Columbia.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
The bill provides $2,150,000 for the Criminal Justice
Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
The bill provides $618,000 for Judicial Commissions. Within
the amount provided, $330,000 is for the Commission on
Judicial Disabilities and Tenure and $288,000 is for the
Judicial Nomination Commission.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
The bill provides $52,500,000 for school improvement in the
District of Columbia to be distributed in accordance with the
provisions of the Scholarships for Opportunity and Results
Act (SOAR Act). The funds are to be allocated evenly between
District of Columbia public schools, charter schools, and
opportunity scholarships as authorized by law.
The agreement does not adopt the House report directives in
Federal Payments For School Improvement.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
The bill provides $600,000 for the Major General David F.
Wherley, Jr. District of Columbia National Guard Retention
and College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
The bill provides $4,000,000 for HIV/AIDS testing and
treatment.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
The bill provides $8,000,000 for the District of Columbia
Water and Sewer Authority.
District of Columbia Funds
The bill provides authority for the District of Columbia to
spend its local funds in accordance with the Fiscal Year 2022
Budget Request Act of 2021.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
The bill provides $3,400,000 for the Administrative
Conference of the United States.
Consumer Product Safety Commission
salaries and expenses
The bill provides $139,050,000 for the Consumer Product
Safety Commission. Within the amount provided, $2,000,000 is
available until expended for the pool and spa safety grants
program established by the Virginia Graeme Baker Pool and Spa
Safety Act.
CPSC is urged to continue its important work on: safety
standards for infant products, completion of work on rules to
improve the safety of table saws and portable gas generators,
improvement of the safety of products sold online,
transparency of incident data, use of robust enforcement,
such as civil penalties, and the effectiveness of recalls and
other corrective actions.
CPSC is encouraged to revise the safety standards for
storage units such as a dressers, bureaus, or chests of
drawers, and to ensure that these standards include testing
for tip-overs, including increasing weight testing, and
warning requirements for products sold within the U.S.
market.
administrative provision--consumer product safety commission
Section 501 prohibits the use of Federal funds in fiscal
year 2022 for the adoption or implementation of the proposed
rule on ROVs until a study by the National Academy of
Sciences is completed.
Election Assistance Commission
salaries and expenses
The bill provides $20,000,000 for the salaries and expenses
of the Election Assistance Commission, of which $1,500,000
shall be made available to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002 (HAVA).
The agreement does not adopt the House report language on
Discriminatory Election Laws.
election security grants
The bill provides $75,000,000 to the Election Assistance
Commission to make payments to states for activities to
improve the administration of elections for Federal office,
including to enhance election technology and make election
security improvements, as authorized under sections 101, 103,
and 104 of the Help America Vote Act (HAVA) of 2002 (P.L.
107-252).
Federal Communications Commission
salaries and expenses
The bill provides $381,950,000 for salaries and expenses of
the Federal Communications Commission (FCC). The bill
provides that $381,950,000 be derived from offsetting
collections, resulting in no net appropriation.
Implementation of Broadband DATA Act.--The FCC is
encouraged to prioritize the establishment of a user-friendly
challenge process to allow consumers, State, local, Tribal,
and other entities and individuals to challenge the accuracy
of coverage maps and any other information submitted by
broadband service providers regarding the availability of
service.
Contraband Cell Phones.--The agreement notes continued
concerns regarding the exploitation of contraband cell phones
in prisons and jails nationwide. The FCC is encouraged to
continue to explore all available options to address this
issue, including the use of geofencing, quiet zones, network-
based solutions, and beacon technology. The FCC is directed
to brief the Committees within 90 days of enactment of this
Act on its findings and timeline for acting on the Second
Notice of Proposed Rulemaking in FCC 21-82.
National Verifier.--The FCC is urged to continue its
ongoing partnership with all stakeholders, including
participating carriers, to conduct outreach to eligible
participants in the Emergency Broadband Benefit Program or
the Affordable Connectivity Program. The Universal Service
Administrative Company and the FCC are requested to provide
regular updates on efforts to address additional technical
and resource challenges that have contributed to many
potentially eligible applicants initiating, but not
concluding, the application process, including hours-long
wait time for applicants to receive an eligibility
determination by the National Verifier or to receive customer
support by phone.
Wireless Resiliency During Disasters.--There are continuing
concerns about the resiliency of wireless phone service
during national disasters, including wildfires. State public
utility commissions have increasingly been concerned that
people are unable to receive notifications, such as
evacuation orders, in a timely manner.
Fifth Generation (5G) Wireless Infrastructure Workforce.--
The agreement recognizes the importance of 5G wireless
infrastructure and encourages the FCC, in conjunction with
the Department of Labor, to continue to encourage investments
in the development of the 5G workforce, including
apprenticeships in the wireless sector.
Rural Broadband.--The agreement remains concerned that far
too many Americans living in rural and economically
disadvantaged areas lack access to broadband at speeds
necessary to fully participate in the Internet age. The
agreement encourages the FCC to prioritize projects in
unserved and underserved areas, where the infrastructure to
be installed provides access at download and upload speeds
comparable to those available to Americans in urban areas.
The agreement encourages the FCC to avoid efforts that could
duplicate existing networks and to support deployment of
last-mile broadband infrastructure to underserved areas.
Further, the agreement encourages the agency to prioritize
projects financed through public-private partnerships.
Promoting Digital Expansion.--Far too many individuals
residing in low-income areas and communities of color lack
access to high-speed Internet service. The FCC is commended
for its commitment to implement the Congressional mandate in
the Infrastructure Investment and Jobs Act and is urged to
act expeditiously on this issue. Further, the FCC is directed
to brief the Committees no later than 120 days after
enactment of this Act on the status of its efforts to promote
universal access and further shrink the digital divide.
administrative provisions--federal communications commission
Section 510 extends an exemption from the Antideficiency
Act for the Universal Service Fund.
Section 511 prohibits the FCC from changing rules governing
the USF regarding single connection or primary line
restrictions.
Federal Deposit Insurance Corporation
office of the inspector general
The bill provides a transfer of $46,500,000 to fund the
Office of Inspector General (OIG) for the Federal Deposit
Insurance Corporation. The OIG's appropriations are derived
from the Deposit Insurance Fund and the Federal Savings and
Loan Insurance Corporation Resolution Fund.
Federal Election Commission
salaries and expenses
The bill provides $74,500,000 for salaries and expenses of
the Federal Election Commission.
In lieu of the second House reporting requirement, FEC is
directed to brief the Committees on the agency's management
challenges.
Federal Labor Relations Authority
SALARIES AND EXPENSES
The bill provides $27,398,000 for the Federal Labor
Relations Authority.
[[Page H2354]]
Federal Permitting Improvement Steering Council
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
The bill provides $10,000,000 for the Federal Permitting
Improvement Steering Council's Environmental Review
Improvement Fund.
Federal Trade Commission
SALARIES AND EXPENSES
The bill provides $376,530,000 for salaries and expenses of
the Federal Trade Commission (FTC). This appropriation is
partially offset by premerger filing and Telemarketing Sales
Rule fees estimated at $138,000,000 and $20,000,000,
respectively.
Section 13(b).--The Supreme Court recently ruled that
Section 13(b) of the FTC Act permits the FTC to obtain only
injunctions and not monetary redress for victims of
violations of laws enforced by the FTC. Therefore, victimized
consumers will have less of an opportunity via Section 13(b)
to get their money back. The FTC is encouraged to work with
Congress to address this issue.
Made in U.S.A.-- There are continuing concerns that, for
companies that brazenly violate the FTC Act's prohibition on
deception by falsely labeling wholly imported products as
``Made in U.S.A.,'' the FTC has often settled charges without
requiring the company to disgorge its ill-gotten gains or
admit liability. The agreement recommends that the FTC seek
aggressive remedies for ``Made in U.S.A.'' violators,
including through tougher settlements and the use of its
powers under both section 5(m) of the FTC Act and the FTC's
recently finalized Made in USA Labeling Rule.
Imported Shrimp.--The FTC is strongly encouraged to
continue to enforce its Section 5 reviews of deceptive
practices tied to country-of-origin labeling for imported
shrimp. Imported shrimp account for more than 90 percent of
the shrimp consumed in the United States, yet there is
widespread use of illegal veterinary drugs and overuse of
antibiotics by foreign bad actors. The FTC is urged to
coordinate its enforcement and proper origin requirements for
the benefit of U.S. consumers with Customs and Border
Protection, the Department of Agriculture, and the Food and
Drug Administration to close any country-of-origin labeling
gaps and prevent deceptive practices for imported shrimp.
Subscription Services.--Subscription services are a
$650,000,000,000 dollar industry that is rapidly growing.
While automatic renewal contracts can be beneficial for
consumers under certain circumstances, too often consumers
unwittingly enter long-term contracts that they have
difficulty cancelling. Additionally, companies sometimes use
software and interfaces that make it harder for consumers to
end these subscriptions and stop unwanted charges. Converting
free trials into paid subscriptions should only be done with
informed consent from consumers. The FTC is directed to
provide a briefing to the Committees no later than 120 days
after enactment of this Act on its authority and plans to
address these issues.
Horseracing Integrity and Safety Act.--The agreement
supports continued implementation of the Horseracing
Integrity and Safety Act (P.L. 116-260) to promote fairness
and increase safety in the horseracing industry.
General Services Administration
In lieu of the House report directive on Diversity in
Federal Public Building Names, GSA is directed to submit to
the Committees within 180 days of enactment of this Act a
list of all unnamed GSA owned buildings with more than 10,000
gross square feet.
The National Archives at Seattle.--GSA is directed to
provide a report to the Committees no later than 210 days
after enactment of this Act detailing the costs associated
with implementing each of the alternatives identified in the
report NARA provided to the Committee pursuant to the report
required by the Joint Explanatory Statement that accompanied
the fiscal year 2021 Consolidated Appropriations Act (Public
Law 116-260).
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
The bill provides resources from the GSA Federal Buildings
Fund totaling $9,342,205,000.
Social Cost of Carbon.--The agreement notes ongoing
litigation relating to Executive Order 13990 and does not
adopt the House report directive under Social Cost of Carbon.
Dirksen Courthouse.--The Dirksen Courthouse in Chicago is
adjacent to vacant Federally-owned buildings that are in
critical disrepair. GSA is encouraged to continue efforts to
involve stakeholders in discussions to ensure that any
potential disposal, demolition, or development of these
properties does not result in increased security risks for
Federal offices in the courthouse.
Leasing.--The agreement notes that GSA is expected to
follow statutory requirements and implement its policies for
leases, including compliance with the ENERGY STAR building
certification lease policies and procedures in applicable
projects. GSA is further encouraged to develop and implement
mechanisms to improve landlord compliance with energy
provisions of leases for Federal space.
HVAC Building Standards.--As building construction
requirements (GSA PBS-P100) are revised, GSA is encouraged to
evaluate and incorporate HVAC building standards (including,
but not limited to, the Indoor Air Quality Procedure in
ASHRAE Standard 62.1) that are not included in the GSA PBS-
P100 and that are expected to increase energy efficiency.
White Oak Expansion.--The agreement notes that the Food and
Drug Administration's (FDA) growing staff will require
leasing additional office locations until the 2018 Federal
Research Center Master Plan for the White Oak Campus
expansion can be fully implemented. When determining the
delineated area, GSA should consider the effect of local
travel on FDA staff productivity and the adjacency to
existing FDA leases.
New Federal Bureau of Investigation Headquarters.--The
General Services Administration shall brief the Committees on
the viability of the sites listed in the PNCR FBI-NCR17
within 90 days after the date of enactment of this Act.
Construction and Acquisition.--The bill provides
$299,476,000 for construction and acquisition. Funds are
provided in the amounts indicated:
CONSTRUCTION AND ACQUISITION
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
CT............................... Hartford, United $138,000,000
States Courthouse.
TN............................... Chattanooga, United $85,500,000
States Courthouse.
PR............................... San Juan, United $22,476,000
States Courthouse.
IL............................... Chicago, State $52,000,000
Street Buildings
Demolition.
AZ................................ Nogales, Dennis $500,000
DeConcini U.S. Land
Port of Entry.
GA............................... Atlanta, Chamblee $500,000
Campus.
NM................................ Santa Teresa, U.S. $500,000
Land Port of Entry.
------------------------------------------------------------------------
Repairs and Alterations.--The bill provides $581,581,000
for repairs and alterations. Funds are provided in the
amounts indicated:
------------------------------------------------------------------------
------------------------------------------------------------------------
Major Repairs and Alterations.......................... $139,893,000
------------------------------------------------------------------------
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
AL............................... Selma U.S. Federal $4,200,000
Building and
Courthouse.
DC............................... Regional Office $4,941,000
Building Phase 2.
MD............................... Suitland Federal $20,000,000
Campus.
MS............................... William M. Colmer $27,000,000
Federal Building
and U.S. Courthouse.
MS............................... Mississippi River $23,749,000
Commission Building.
WV............................... Clarksburg Post 55,400,000
Office and U.S.
Courthouse.
WA............................... Tacoma Union $3,395,000
Station.
MI............................... Patrick V. McNamara $1,208,000
Federal Building
Garage.
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
Basic Repairs and Alterations.......................... $388,710,000
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
Special Emphasis....................................... $52,978,000
Child Care Facilities Security and Systems $15,000,000
Improvement..........................................
Consolidation......................................... $8,178,000
Fire Protection and Life Safety Program.............. $10,000,000
Judicial Capital Security............................ $19,800,000
------------------------------------------------------------------------
Land Ports of Entry.--With the enactment of the
Infrastructure Investment and Jobs Act (P.L. 117-58), which
provided $3,418,008,000 for land ports of entry, the
agreement does not adopt the House report directives
regarding Centers of Excellence and a GAO study.
Rental of Space.--The bill provides $5,665,148,000 for
rental of space.
Building Operations.--The bill provides $2,796,000,000 for
building operations.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
The bill provides $68,720,000 for GSA government-wide
policy activities.
Supply Chain Security Pilot.--The agreement provides
$4,000,000 for this program as described in the House report.
Brooks Act.--GSA is directed to not award or facilitate the
award of any contract for the provision of architectural,
engineering, and related services in a manner inconsistent
with the procedures in the Brooks Act (40 U.S.C. 1101 et
seq.) and part 36.6 of the Federal Acquisition Regulation.
OPERATING EXPENSES
The bill provides $52,540,000 for operating expenses. Of
this amount, $1,000,000 is provided for GSA to modernize its
own motor vehicle fleet. Within the amount provided,
$28,122,000 is for Real and Personal Property Management and
Disposal and $24,418,000 is for the Office of the
Administrator.
CIVILIAN BOARD OF CONTRACT APPEALS
The bill provides $9,580,000 for the Civilian Board of
Contract Appeals.
OFFICE OF INSPECTOR GENERAL
The bill provides $69,000,000 for the Office of Inspector
General.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
The bill provides $5,000,000 for allowances and office
staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $55,000,000 for deposit into the Federal
Citizen Services Fund and authorizes use of appropriations,
revenues, and collections in the Fund in an aggregate amount
not to exceed $150,000,000.
Foundations for Evidence-Based Policymaking Act.--The
agreement includes up to $5,000,000 for implementation of the
Foundations for Evidence-Based Policymaking Act (Public Law
115-435). GSA is urged to develop guidance to ensure all
relevant external stakeholders are provided the opportunity
to comment. GSA is encouraged to work towards consolidating
existing and leveraging new commercial technologies to
implement Federal data initiatives and carry out pilot
projects related to the implementation of the OPEN Government
Data Act and to further expand the data.gov platform to
implement these initiatives.
[[Page H2355]]
ASSET PROCEEDS AND SPACE MANAGEMENT FUND
The bill provides $4,000,000 for the Asset Proceeds and
Space Management Fund.
WORKING CAPITAL FUND
The bill provides $4,000,000 for the Working Capital Fund
for necessary costs to modernize e-rulemaking systems.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 520 specifies that funds are available for hire of
motor vehicles.
Section 521 authorizes transfers within the Federal
Buildings Fund, with advance approval of the Committees.
Section 522 requires transmittal of a fiscal year 2023
request for courthouse construction that meets design guide
standards, reflects the priorities in the Judicial
Conference's 5-year construction plan, and includes a
standardized courtroom utilization study.
Section 523 specifies that funds in this Act may not be
used to increase the amount of occupiable space or provide
services such as cleaning or security for any agency that
does not pay the rental charges assessed by GSA.
Section 524 permits GSA to pay certain construction-related
claims against the Federal Government from savings achieved
in other projects.
Section 525 requires that the delineated area of
procurement for leased space match the approved prospectus,
unless the Administrator provides an explanatory statement to
the appropriate Congressional committees.
Section 526 requires a spending plan for the Federal
Citizen Services Fund.
Section 527 provides new authority to enter into new
agreements with Federal agencies to provide services on a
reimbursable basis.
Section 528 provides new authority to expand the definition
of items that can be acquired to implement the Chief
Financial Officer's Act of 1990.
Section 529 provides new authority to accept advance
payments into the Working Capital Fund.
Section 530 includes language regarding a new Federal
Bureau of Investigation headquarters.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
The bill provides $2,500,000 for payment to the Harry S
Truman Scholarship Foundation Trust Fund.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $48,170,000 for the salaries and expenses
of the Merit Systems Protection Board. Within the amount
provided, $45,825,000 is a direct appropriation and
$2,345,000 is a transfer from the Civil Service Retirement
and Disability Fund to adjudicate retirement appeals.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,800,000 for payment to the Morris K.
Udall and Stewart L. Udall Trust Fund.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The bill provides $3,296,000 for payment to the
Environmental Dispute Resolution Fund.
National Archives and Records Administration
OPERATING EXPENSES
The bill provides $388,310,000 for the operating expenses
of the National Archives and Records Administration (NARA).
Of this amount, $29,000,000 shall remain available until
expended for improvements necessary to enhance the Federal
Government's ability to electronically preserve, manage, and
store Government records, and up to $2,000,000 shall remain
available until expended to implement the Civil Rights Cold
Case Records Collection Act of 2018 (Public Law 115-426).
Alaskan Records.--In fiscal year 2021, NARA was directed to
continue to consult with specific stakeholders to update its
understanding of which records have been identified as
priorities for access and the most effective methods of
maintaining meaningful access to those records. While the
pandemic has interfered with these consultations, NARA is
expected to complete these consultations via in-person or
virtual communications and to report to the Committees within
90 days of enactment of this Act detailing with whom
consultations have occurred and the result of those
consultations.
Sand Point.--NARA is expected to complete its digitization
initiative and to post online in an easy-to-find, navigable,
and searchable platform the Alaska records currently stored
at the Sand Point facility in Washington, beginning with the
records identified as priorities in earlier consultations
with Alaska Native Tribes and Tribal Organizations. NARA is
expected to keep its commitment to complete this work within
2 years of enactment of this Act. Digitized records from Sand
Point, including those previously digitized by Family Search,
should have descriptions and, absent privacy concerns, be
posted online in an easily accessible and searchable format
in both the NARA Catalog and on the Alaska Digitization
Project website.
OFFICE OF INSPECTOR GENERAL
The bill provides $4,968,000 for the Office of Inspector
General.
REPAIRS AND RESTORATION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $71,000,000 for repairs and restoration.
Funds are included for the Harry S. Truman Library
Institute for National and International Affairs in Kansas
City, Missouri; the Ulysses S. Grant Presidential Library in
Starkville, Mississippi; and increased funding for repairs
and restoration at Presidential Libraries. Funds are also
included for preparations for the 250th anniversary of the
founding of the United States.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
The bill provides $7,000,000 for the National Historical
Publications and Records Commission grants program.
ADMINISTRATIVE PROVISION--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Section 531 provides funds for initiatives related to the
preserving and publishing of historical records to be awarded
as follows:
------------------------------------------------------------------------
Project Name Recipient Amount
------------------------------------------------------------------------
Wisconsin Historical Society....... Wisconsin Historical $500,000
Society, Madison, WI.
Planning to Preserve Connecticut's Connecticut State $948,000
Digital Government History. Library, Hartford, CT.
The State Historical Society of The State Historical $350,000
Missouri's Processing Society of Missouri,
Congressional Papers Project. Columbia, MO.
Telling New Jersey's Untold Stories New Jersey State $206,000
Library, Trenton, NJ.
Digitization of Historic Michigan Central Michigan $135,000
Newspapers for Historical and University, Mount
Educational Use. Pleasant, MI.
Rhode Island Black Heritage Society Rhode Island Black $500,000
Heritage Society,
Middletown, RI.
Documenting Nulhegan Abenaki Nation Nulhegan Abenaki $350,000
Culture. Nation, Shelburne, VT.
Village of Old Brookville Village Incorporated Village $60,000
Hall--Records Digitization. of Old Brookville,
Brookville, NY.
Permanent Exhibition and Memorial Reginald F. Lewis $650,000
on the History of Lynching in Museum MAAMC,
Maryland. Baltimore, MD.
University of Maryland Eastern University of $500,000
Shore Historical Digitalization Maryland, Eastern
Project. Shore, Princess Anne,
MD.
Historical Archival Indexing of County of Chatham. $1,066,000
Land Records. Savannah, GA.
------------------------------------------------------------------------
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
The bill provides $1,545,000 for the Community Development
Revolving Loan Fund.
Office of Government Ethics
SALARIES AND EXPENSES
The bill provides $19,158,000 for salaries and expenses of
the Office of Government Ethics.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF TRUST FUNDS)
The bill provides $339,648,000 for salaries and expenses of
OPM. Within the amount provided, $164,934,000 is a direct
appropriation and $174,714,000 is a transfer from OPM trust
funds.
Interns.--OPM is directed to increase the number of interns
in the Federal Government over a three-year period in
consultation with Federal agencies and organizations
experienced at internship recruitment and professional
development for the Executive Branch. It is expected that
agencies will utilize existing hiring authorities for
interns, including authorities that would allow for interns
to convert to the permanent Federal workforce upon completion
of the program's requirements.OPM is directed to brief the
Committees on this effort no later than 180 days after
enactment of this Act, providing information on recruitment
practices, onboarding, professional development, off-
boarding, and the amount required to pay intern stipends, as
well as information on how the existing hiring authorities
and programs for interns may be modified or improved to
ensure agencies have the necessary tools to increase the
employment of interns.
Transparency in Political Appointments.--In lieu of House
report language on Transparency in Political Appointments,
the agreement recommends that OPM include political appointee
data in Fedscope.
Telework.--OPM is directed to include information on
telework successes, best practices, and lessons learned
during the COVID-19 pandemic, as well as recommendations and
guidance for remote work post-pandemic, in its annual
telework report.
IT Modernization.--OPM is directed to continue to provide
quarterly briefings to the Committees on its IT
transformation and cybersecurity strategy. In addition, OPM
is expected to implement the recommendations of GAO and
inspector general reports to improve information security.
Human Capital Strategy.--OPM is directed to develop a
government-wide human capital strategy in consultation with
other agencies on current and future STEM talent needs and to
produce a publicly-available report to the Committees no
later than one year after enactment of this Act. The strategy
should include existing hiring authorities, recruitment and
hiring practices, internships and fellowships, and the
feasibility of streamlining or restructuring those
authorities and pathways to improve recruitment and hiring of
STEM talent.
Hiring Improvements.--The Veterans Health Administration
has made great strides dramatically shortening hiring time of
employees. OPM is directed to report to the Committees on
process reforms used by the Veterans Administration and other
agencies
[[Page H2356]]
during the pandemic to reduce barriers to Federal employment,
reduce delays in the hiring process, improve the overall
Federal recruitment and hiring process, and to make
recommendations on reforms that could be adopted and scaled
government-wide.
Wildland Firefighter Classification and Pay.--OPM is
encouraged to assess the need for special rates of pay under
section 5305 of title 5, United States Code, for Federal
wildland firefighters and to report to the Committees on its
findings. This includes estimates of the cost of providing
any proposed special rates and analysis of how pay for
wildland and other firefighters employed by the Federal
Government might be modified or reformed to address concerns
about pay-related matters, such as classification and work
hours.
Retirement Processing.--OPM is expected to continue to
submit monthly reports on the pace of retirement processing.
Constituent Service Cases.--OPM is requested to provide
quarterly updates to the Committees on its efforts to reduce
the OPM constituent backlog, including statistics on open
cases and response times.
State Achieving a Better Life Experience (ABLE) Act Savings
Plans.--OPM is strongly encouraged to promote ABLE savings
plans to all Federal agencies and is requested to provide an
update on this effort no later than 120 days after enactment
of this Act.
Information Technology Working Capital Fund.--The agreement
includes requested language creating an Information
Technology Working Capital Fund utilizing the authority
provided to Federal agencies by the Modernizing Government
Technology Act (40 U.S.C. 11301 note) to provide sustained
funding to improve and replace OPM's legacy systems and
enhance cybersecurity. OPM is strongly encouraged to address
key recommendations in the Congressionally-mandated report by
the National Academy of Public Administration issued in March
2021.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $33,233,000 for salaries and expenses of
the Office of Inspector General. Within the amount provided,
$5,150,000 is a direct appropriation and $28,083,000 is a
transfer from OPM trust funds.
Office Of Special Counsel
SALARIES AND EXPENSES
The bill includes $30,385,000 for salaries and expenses of
the Office of Special Counsel.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $17,510,000 for the salaries and expenses
of the Postal Regulatory Commission.
In preparing the report on market-dominant products
included in House Report 117-79, the PRC is expected to
consult with stakeholders.
Privacy And Civil Liberties Oversight Board
SALARIES AND EXPENSES
The bill provides $9,800,000 for salaries and expenses of
the Privacy and Civil Liberties Oversight Board.
Public Buildings Reform Board
SALARIES AND EXPENSES
The bill provides $3,605,000 for salaries and expenses of
the Public Buildings Reform Board (PBRB).
The agreement notes a decision issued by the U.S. District
Court for the Western District of Washington that the PBRB
failed to follow the requirements of the Federal Assets Sale
and Transfer Act of 2016 (FASTA, Public Law 114-287) with
regard to the proposed sale of the Federal Archives and
Records Center at NARA's Sand Point facility near Seattle. It
is also noted that OMB withdrew its approval for the planned
sale but left open the possibility that the PRRB may re-
submit a request to move forward with the sale if the agency
engaged in ``meaningful and robust tribal consultation'' and
submitted a new factual record supporting a proposed sale
that complies with FASTA's procedural requirements. The Sand
Point facility houses invaluable and significant Territorial,
Native American, and Federal records for Alaska, Hawaii,
Idaho, Oregon, Washington, and the outlying areas that the
respective state agencies, Indian Tribes and Alaska Native
organizations, higher education institutions, researchers,
scientists, students, and individuals must be able to access.
While NARA has committed to digitizing, describing, and
posting these records online within two years, many records
at the facility cannot be digitized. As a result, GSA and
NARA should develop a plan for relocating the records within
the Seattle area. Therefore, the PBRB is directed to refrain
from recommending to OMB a sale or disposition of the Sand
Point facility until GSA and NARA have completed their
planning and obtained complete stakeholder concurrence,
including tribal consultations as directed, on their proposed
course of action relative to the above-referenced records.
Securities and Exchange Commission
SALARIES AND EXPENSES
The bill provides $1,988,550,000 for the Securities and
Exchange Commission (SEC). Of that amount, the bill allocates
no less than $17,649,400 for the Office of Inspector General.
In addition, another $6,746,000 and $4,367,000 is provided
for move, replication, and related costs associated with
replacement leases for the Commission's Fort Worth Regional
Office facilities and the Commission's San Francisco Regional
Office facilities, respectively. All funds are derived from
offsetting collections, resulting in no net appropriation.
Climate Change Risks to Municipal Bond Markets.--The
agreement does not adopt the House report directive on State
and local municipal bond markets.
Reserve Fund Notifications.--The SEC's adherence to its
obligation to notify Congress of the date, amount, and
purpose of any obligation from the Reserve Fund within 10
days of such obligation is appreciated. The SEC is directed,
in its written notifications to Congress required by 15
U.S.C. 78d(i)(3), to specify: (1) the balance in the fund
remaining available after the obligation is deducted; (2) the
estimated total cost of the project for which amounts are
being deducted; (3) the total amount for all projects that
have withdrawn funding from the fund since fiscal year 2012;
and (4) the estimated amount, per project, that will be
required to complete all ongoing projects which use funding
derived from the fund. The SEC is also directed to submit,
within 30 days of enactment of this Act, a detailed spending
plan for the allocation of expenditures from the fund.
Holding Foreign Companies Accountable (HFCA) Act.--The HFCA
Act requires certain issuers of securities to establish that
they are not owned or controlled by a foreign government. The
SEC is directed to provide a briefing no later than 90 days
after enactment of this Act on implementation of the HFCA
Act.
SEC Leasing.--The agreement notes concerns about the SEC's
past use of its independent leasing authority. The SEC is
strongly encouraged to work closely with GSA on its real
estate needs to ensure it is relying on the latest Federal
real estate procurement expertise and to maximize value to
the government.
Selective Service System
SALARIES AND EXPENSES
The bill provides $29,200,000 for the salaries and expenses
of the Selective Service System.
Small Business Administration
SALARIES AND EXPENSES
The bill provides $278,378,000 for salaries and expenses of
the Small Business Administration (SBA). The agreement
includes at least $12,000,000 for SBA's Office of Credit Risk
Management (OCRM) for lender oversight and risk-based
reviews. Funding for the Office of General Counsel is
provided separately from this amount. OCRM must play a key
role in eliminating waste, fraud, and abuse in SBA lending
programs and protecting taxpayer losses on loans by ensuring
lenders comply with procedures that mitigate the risk of loss
under SBA's loan programs.
Fiscal Year 2023 Budget.--SBA is directed to provide to the
Committees no later than 30 days after the release of the
President's budget a summary of the model subsidy assumptions
or inputs that most significantly impact the model outputs
for all SBA business loans.
Small Business Investment Company (SBIC) Collaboration.--
SBA is directed to continue its collaborative effort with the
SEC to ensure effective oversight of SBICs and the protection
of SBIC investors.
Rural Small Business Access to Broadband.--GAO, in
consultation with SBA, is directed to brief the Committees
within 180 days of enactment of this Act on digital and
broadband challenges facing small businesses in rural
communities. GAO should consult with technology stakeholders,
trade associations, and small businesses throughout their
analysis.
Nonprofit Child Care Support.--The agreement recognizes the
critical role of child care providers in supporting the
economy and workforce, and encourages the Administrator to
consider allowing qualified nonprofit child care providers
access to all SBA loan programs that for-profit child care
providers may utilize.
Information Technology Modernization.--The agreement
recognizes the importance of IT systems modernization and
performance to fulfilling SBA's mission. The agreement notes
SBA's authority to utilize a working capital fund to help SBA
implement IT modernization projects that comply with the
intent of Congress in the Federal Information Technology
Acquisition Act to eliminate waste, fraud, and abuse in
Federal IT enterprise programs.
Size Standards.--There are concerns about restrictive size
standards for wildland firefighting and fuels management
contracts. SBA is encouraged to work with the Department of
the Interior and the Forest Service to address size standards
for North American Industry Classification System Code 115310
to ensure that the standard reflects the increase in costs
associated with forest firefighting.
Disaster Loan Assistance Portal.--SBA is encouraged to
migrate the Disaster Loan Assistance Portal to the cloud to
improve the user experience by making it more user-friendly,
accessible, and intuitive.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
The bill provides $290,150,000 for SBA Entrepreneurial
Development Programs.
------------------------------------------------------------------------
Program ($000)
------------------------------------------------------------------------
7(j) Technical Assistance Program (Contracting Assistance). 3,500
[[Page H2357]]
Entrepreneurship Education................................. 2,750
Federal and State Technology (FAST) Partnership Program.... 6,000
Growth Accelerators........................................ 3,000
HUBZone Program............................................ 3,000
Microloan Technical Assistance............................. 37,000
National Women's Business Council.......................... 1,500
Native American Outreach................................... 3,000
PRIME Technical Assistance................................. 7,000
Regional Innovation Clusters............................... 8,000
SCORE...................................................... 14,000
Small Business Development Centers (SBDC).................. 138,000
State Trade Expansion Program (STEP)....................... 20,000
Veterans Outreach.......................................... 16,000
Women's Business Centers (WBC)............................. 24,400
Cybersecurity for Small Business Pilot Program............. 3,000
------------
Total, Entrepreneurial Development Programs............ 290,150
------------------------------------------------------------------------
Grants Management System.--SBA is directed to provide a
report within 30 days of enactment of this Act on the
implementation of a new grants management system and the
timeline for completion.
Federal and State Technology Partnership (FAST) Program.--
The agreement notes the FAST program's efforts to reach
innovative, technology-driven small businesses and to
leverage the Small Business Innovation Research (SBIR) and
Small Business Technology Transfer (STTR) programs to
stimulate economic development. The FAST program is
particularly important in States that are seeking to build
high technology industries but are underrepresented in the
SBIR/STTR programs. Small Business and Technology Development
Centers (SBTDCs) serve small businesses in these fields and
are accredited to provide intellectual property and
technology commercialization assistance to businesses in high
technology industries. Of the amount provided for FAST,
$1,000,000 shall be for FAST awards to SBTDCs fully
accredited for technology designation as of December 31,
2021.
Growth Accelerators.--Within amounts provided for growth
accelerators, SBA shall prioritize funding to applications
from rural areas that have not previously received an award.
Regional Innovation Clusters Eligibility.--The fiscal year
2020 request for proposal (RFP) for Regional Innovation
Clusters Services included modifications to the eligibility
criteria that excluded nonprofit organizations, including
regional economic development organizations and institutions
of higher education, from program eligibility. SBA is
encouraged to reevaluate the eligibility criteria established
in the fiscal year 2019 RFP. SBA is directed to brief the
Committees on the eligibility criteria for the fiscal year
2022 RFP no less than 30 days prior to its publication.
Small Business Development Centers.--Subject to the
availability of funds, the Administrator shall, to the extent
practicable, ensure that a small business development center
is appropriately reimbursed within the same fiscal year in
which the expenses are submitted for reimbursement for any
and all legitimate expenses incurred in carrying out
activities under section 21(a)(1) et seq. of the Small
Business Act (15 U.S.C. 648(a)(1) et seq.).
Cybersecurity for Small Businesses Pilot Program.--The
agreement includes $3,000,000 for a Cybersecurity Assistance
Pilot Program that will competitively award up to three
grants to States to provide new small businesses with access
to cybersecurity tools during their formative and most
vulnerable years.
OFFICE OF INSPECTOR GENERAL
The bill provides $22,671,000 for the Office of Inspector
General (OIG).
The OIG is encouraged to continue routine analysis and
reporting on SBA's oversight of the 7(a) loan program,
effective management of counseling and training services
offered by partner organizations, and SBA's management of the
Disaster Assistance Program.
OFFICE OF ADVOCACY
The bill provides $9,466,000 for the Office of Advocacy.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $169,000,000 for the Business Loans
Program Account, of which $6,000,000 is for loans subsidy for
the Microloan Program and $163,000,000 is for the authorized
expenses of administering the business loans programs.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $178,000,000 for the administrative costs
of the Disaster Loans Program, of which $143,000,000 is
designated as being for disaster relief for major disasters
and $35,000,000 is provided for the authorized expenses of
administering SBA-declared disasters.
Business Recovery Centers.--SBA is encouraged to continue
its close collaboration with the Federal Emergency Management
Agency (FEMA) during disaster recovery and consider
additional co-location of Business Recovery Centers and
Disaster Recovery Centers where economically practicable. SBA
is directed to submit a report to the Committees within 120
days of enactment of this Act on the feasibility of
additional co-location so that SBA and FEMA are not searching
for, opening, and operating separate facilities in the
aftermath of disasters.
SBA Disaster Loan Duplication of Assistance.--There is
concern that some disaster victims are penalized with
disaster benefit reductions if they apply for SBA disaster
loans, but wind up not taking the loan when other Federal
assistance is awarded. SBA is urged to issue guidance
relating to the consideration of whether an applicant for
assistance applied and was approved for but declined
assistance to the major disaster from the Administration
under section 7(b) of the Small Business Act.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
Section 540 provides transfer authority and availability of
funds.
Section 541 authorizes the transfer of funding available
under the SBA ``Salaries and Expenses'' and ``Business Loans
Program Account'' appropriations into the SBA Information
Technology System Modernization and Working Capital Fund.
Section 542 provides funds for initiatives related to small
business development and entrepreneurship, including
programmatic and construction activities, to be awarded as
follows:
------------------------------------------------------------------------
Project Name Recipient Amount
------------------------------------------------------------------------
Wisconsin SBDC at UW-Madison.... University of $174,000
Wisconsin-Madison,
Madison, WI.
Wisconsin SBDC at UW-Milwaukee.. University of $95,000
Wisconsin-
Milwaukee,
Milwaukee, WI.
Black Business Alliance......... The Black Business $100,000
Alliance, Inc.,
New Haven, CT.
Quinnipiac University Community Quinnipiac $406,000
Entrepreneurship Academy and University,
Clinic. Hamden, CT.
Small Business Resource Center Town of Thompson, $240,000
in Thompson. Office of Planning
Development, CT.
Cape May County Business Atlantic Cape $212,000
Development Network. Community College,
Landing, NJ.
Sinclair Community College Sinclair Community $1,000,000
Center for Advanced College, Dayton,
Manufacturing. OH.
City of Lorain-Small Business City of Lorain, OH. $250,000
Community Navigator.
Columbus College of Arts and Columbus College of $1,275,000
Design Center for Creative Art and Design,
Career Development. Columbus, OH.
United Black Fund of Greater United Black Fund $500,000
Cleveland, Inc.. of Greater
Cleveland, Inc.,
Cleveland, OH.
Outdoor Industry Softlines New River Gorge $1,500,000
Prototyping Textiles Lab at the Regional
New River Gorge Regional Development
Development Authority. Authority,
Beckley, WV.
FASTER WV....................... Advantage Valley $300,000
Community
Development
Corporation,
Charleston, WV.
Marshall University Aerospace Marshall $1,000,000
Manufacturing Training. University,
Huntington, WV.
West Virginia University's West Virginia $570,000
Agribusiness Development University at
Accelerator. Parkersburg,
Parkersburg, WV.
Bowie Business Innovation Bowie Business $3,000,000
Center's Center of Excellence Innovation Center,
for 8(a) Government Contracting. Bowie, MD.
University of Maryland, College University of $2,250,000
Park-Maryland Economic Maryland, College
Opportunity Center. Park, MD.
Building Better Business West End $1,050,000
Districts. Neighborhood
House, Wilmington,
DE.
Manufacturing and Training The Challenge $500,000
Facility for Furniture Making. Program,
Wilmington, DE.
100 Seneca at Cornplanter Square Venango County, $400,000
Franklin, PA.
Hazleton Launchbox Incubator.... Downtown Hazleton $200,000
Alliance for
Progress,
Hazleton, PA.
Incubator at Cheyney University. Cheyney University, $400,000
Cheyney, PA.
Russell House Business & Bedford County $250,000
Education Center Project. Chamber
Foundation,
Bedford, PA.
Shenandoah Innovation Center.... Downtown $350,000
Shenandoah, Inc.,
Shenandoah, PA.
The Enterprise Center CDC....... Enterprise Center $400,000
Community
Development Corp.,
Philadelphia, PA.
United Way of Greater Portland United Way of $95,000
Childcare Workforce & Greater Portland,
Entrepreneurship Initiative. Portland, ME.
Business, Agriculture and Rural University of Maine $292,000
Development (BARD) Technical System, Orono, ME.
Assistance Pipeline.
FocusMaine Catalyzing Business FocusMaine, $919,000
Growth in Maine's Marine and Augusta, ME.
Agricultural Economy.
Maine's Entrepreneur Ecosystem Maine Development $747,000
Development. Foundation,
Hallowell, ME.
Henderson Workforce Training City of Henderson, $2,000,000
Center. Henderson, NV.
Promoting Small Business Western Illinois $400,000
Startups, Sustainability, and University,
Transition. Macomb, IL.
Behavioral Workforce Initiative. Will County, $300,000
Joliet, IL.
Small Business Development Western Illinois $200,000
Initiative. University,
Macomb, IL.
Workforce Development Initiative Northern Illinois $500,000
Universitv,
DeKalb, IL.
Workforce Training Initiative... Haymarket Center, $600,000
Chicago, IL.
Burbank Enhanced Workforce City of Burbank, CA $250,000
Training for Economic Recovery.
East Palo Alto Small Business City of East Palo $555,000
Incubator. Alto, CA.
e-Commerce for Disadvantaged SUNY Buffalo State $750,000
Businesses. Small Business
Development
Center, Buffalo,
NY.
Manhattan Storefront Manhattan Chamber $800,000
Revitalization & Small Business of Commerce
Entrepreneurship Project. Foundation, New
York, NY.
GMDC Brownsville Industrial Greenpoint $2,500,000
Center. Manufacturing and
Design Center,
Brooklyn, NY.
The Urban League of Rochester The Urban League of $200,000
Entrepreneurial Assistance Rochester, N.Y.
Center Community Business Inc., Rochester,
Academy. NY.
High School Training Program for Trustees of $134,000
Small Business Accounting. Columbia
University in the
City of New York,
New York, NY.
Brooklyn Business Center........ Bedford-Stuyvesant $250,000
Restoration
Corporation,
Brooklyn, NY.
Arrowhead Community The Arrowhead $200,000
Entrepreneurship Program. Center, Las
Cruces, NM.
Arrowhead Sprint Accelerator.... The Arrowhead $200,000
Center, Las
Cruces, NM.
Native Economic Advancement and American Indian $242,000
Development (NEAD) Initiative. Chamber of
Commerce of New
Mexico,
Albuquerque, NM.
[[Page H2358]]
NM SBDC--Program to Support New Mexico Small $123,000
Microbusinesses with E-commerce. Business
Development
Center, Santa Fe,
NM.
NM SBDC--Spanish Speaking New Mexico Small $77,000
Business Advisor. Business
Development
Center, Santa Fe,
NM.
NM SBDC--Technology New Mexico Small $107,000
Commercialization Accelerator Business
(TCA). Development
Center, Santa Fe,
NM.
Downtown Starkville Innovation Mississippi State $1,500,000
and Entrepreneurship Hub. University,
Starkville, MS.
Jackson State Small Business Jackson State $2,000,000
Center. University,
Jackson, MS.
Vicksburg Downtown Mississippi State $650,000
Entrepreneurship Hub. University,
Starkville, MS.
Mississippi Small Business Tech University of $743,000
Commercialization Center. Mississippi,
University, MS.
COVlD-19 Displaced Worker Virginia Wesleyan $800,000
Initiative. University,
Virginia Beach, VA.
Gulf of Maine Blue Economy...... Gulf of Maine $632,000
Research
Institute,
Portland, ME.
Local Initiatives Support Local Initiatives $1,000,000
Corporation (LISC) Twin Cities Support
Creative Placemaking. Corporation, Saint
Paul, MN.
Chicago-Lake Business Neighborhood $1,000,000
Development. Development
Center, Saint
Paul, MN.
Church Street Marketplace City of Burlington, $1,000,000
Development. VT.
Energy and Climate Business Vermont Sustainable $260,000
Accelerator Program. Jobs Fund,
Montpelier, VT.
Food Enterprise Center.......... Brattleboro Retreat $3,000,000
Farm, Brattleboro,
VT.
Hardwick Yellow Barn............ Town of Hardwick, $925,000
VT.
Production Technical Assistance Vermont Maple Sugar $637,000
and Certification Program. Makers'
Association,
Westford, VT.
Program for Innovation and Vermont Small $372,000
Technology Commercialization. Business
Development
Center, Randolph
Center, VT.
BHCC Enterprise Center for Bunker Hill $377,000
Entrepreneurship and Training Community College,
(ECET). Boston, MA.
Office of Small Business Township of $450,000
Advocacy. Montclair, NJ.
BIPOC--Community Chamber Oregon Native $400,000
Coalition of Oregon Campus. American Chamber,
Portland, OR.
Blue Economy Incubator.......... Economic $l,000,000
Development
Alliance of
Lincoln County,
Newport, OR.
Native American Owned Small Oregon Native $104,000
Business Assistance. American Chamber,
Portland, OR.
Small Business Support for Black The North Northeast $750,000
and Disadvantaged Business Business
Owners. Association,
Portland, OR.
Good Manufacturing Practice University of $958,000
(GMP) Laboratory Space and Kansas/KU
Equipment at Kansas Innovation Park,
University's Innovation Park. Lawrence, KS.
Hope & Main Providence Culinary Hope & Main, $275,000
Incubator. Warren, RI.
Multicultural Innovation Center. Rhode Island Black $1,000,000
Business
Association &
RIBDI, Providence,
RI.
Social Enterprise Greenhouse.... Social Enterprise $475,000
Greenhouse,
Providence, RI.
Assisting Military Retirees and Vermont Farmer $100,000
Veterans with Farm Business Veteran Coalition,
Support. Putney, VT.
Dairy Farm Business Technical Vermont Housing and $250,000
Assistance. Conservation
Board, Montpelier,
VT.
Technical Assistance for Women Vermont Center for $200,000
and Minority-owned Businesses. Women &
Enterprise,
Burlington, VT.
Vermont Employee Ownership Vermont Employee $158,000
Center. Ownership Center,
Burlington, VT.
NEON Food Entrepreneur Northside Economic $1,000,000
Incubation Center. Opportunity
Network (NEON),
Minneapolis, MN.
Baltimore Small Business Baltimore $1,700,000
Technical Assistance Network Development
Infrastructure Support. Corporation,
Baltimore, MD.
Loyola University Maryland: York Loyola University, $675,000
Road Initiative. Baltimore, MD.
Mary Harvin Center Southern Mary Harvin $1,000,000
Bridge Workforce Center. Transformation
Center, Baltimore,
MD.
Small Business Development-- People for Change $350,000
Increasing Access to Government Coalition, Largo,
Contracts. MD.
Supporting Growth of Maryland's Maryland Tech $2,450,000
Technology and Life Sciences Council,
Businesses. Frederick, MD.
William & Mary Entrepreneurship William & Mary, $450,000
Regional Engagement. Williamsburg, VA.
Hispanic/Latinx Small Business Georgia Hispanic $293,000
Revitalization Program. Chamber of
Commerce, Atlanta,
GA.
Center for Urban Revitalization Delaware State $1,000,000
and Entrepreneurship. University, Dover,
DE.
Columbia County Small Business Columbia County $175,000
Resource Center. Economic Team, St.
Helens, OR.
Gwinnett County University of Gwinnett County $100,000
Georgia Small Business University of
Development Center. Georgia Small
Business
Development
Center,
Lawrenceville, GA.
Project Elevate................. The Greater Wilkes- $1,000,000
Barre Chamber of
Business and
Industry, Wilkes-
Barre, PA.
Leeward Community Small Business Institute for $500,000
Incubator. Native Pacific
Education and
Culture, Kapolei,
HI.
Small Business Research and South Carolina $1,000,000
Entrepreneurial Leadership State University,
Institute. Orangeburg, SC.
Memphis ReStart Initiative...... Black Business $750,000
Association of
Memphis, Memphis,
TN.
North Cascades Community Center for $180,644
Enterprise Program. Inclusive
Entrepreneurship,
Mount Vernon, WA.
Our Businesses, Our Vested In, $149,324
Neighborhoods, Our Stories. Philadelphia, PA.
West Side Bazaar Expansion Westminster $950,000
Project. Economic
Development
Initiative, Inc.,
Buffalo, NY.
County of San Diego Child Care County of San $1,000,000
Expansion Fund. Diego, San Diego,
CA.
Ascending House................. Chicago Southland $200,000
Economic
Development
Corporation, Hazel
Crest, IL.
HIRE360 Business Development HIRE360, Chicago, $1,000,000
Center. IL.
Connecticut Manufacturing & Connecticut Center $900,000
Technology CommUNITY eCommons. for Advanced
Technology, East
Hartford, CT.
Centrepolis Accelerator......... City of Southfield, $200,000
Southfield, MI.
Detroit Means Business.......... Detroit Economic $200,000
Growth
Corporation,
Detroit, MI.
City of Doraville-Small and City of Doraville, $250,000
Local Business Facade Atlanta, GA.
Improvement Grants.
Neighborhood Development Center Neighborhood $1,000,000
(NDC) Small Business Incubator Development
Project. Center, Saint
Paul, MN.
Creative Hub Community Arts Creative Hub $300,000
Center. Worcester, Inc.,
Worcester, MA.
Resurgent Stockton: Economic City of Stockton, $1,000,000
Development, Workforce Stockton, CA.
Development and Youth
Employment.
Southern WV Emerging Industry New River Gorge $750,000
Accelerator. Regional
Development
Authority,
Beckley, WV.
36Squared Business Incubator.... 36Squared Business $80,000
Incubator,
Chicago, IL.
El Pajaro Alisal Kitchen El Pajaro Community $200.000
Incubator. Development
Corporation,
Watsonville, CA.
Small Businesses Need Us........ Institute for $971,977
Entrepreneurial
Leadership, Inc.,
Newark, NJ.
Morrisville Small Business Town of $300,000
Development Program. Morrisville,
Morrisville, NC.
Valley Internet of Things Youngstown Edison $312,744
Initiative (VIOTI). Incubator
Corporation,
Youngstown, OH.
CNMI SBDC Business Innovation CNMI Small Business $952,394
Incubator. Development Center
at Northern
Marianas College,
Saipan, MP.
Startup FIU Tech and Food Florida $500,000
Business Hub. International
University
Brickell Campus,
Miami, FL.
Small Business Accelerator Central Alabama $474,355
Program. Redevelopment
Alliance,
Fairfield, AL.
Business Technical Assistance The Valley Economic $138,000
Program. Alliance, Sherman
Oaks, CA.
Entrepreneurship Incubation Hub: World Relief $673,000
Teaching & Commercial Kitchen Seattle, Kent, WA.
for Refugee & Immigrant
Community.
Growing BIPOC Micromanufacturing City of Tempe, $500,000
Entrepreneurs. Tempe, AZ.
Clinton County Business-Ready Clinton County $1,000,000
Capital Project. Government Center,
Plattsburgh, NY.
Small Business Support Center... City of Las Vegas, $437,200
Las Vegas, NV.
ProsperUS Detroit Micro Lending. ProsperUS Detroit $1,000,000
Micro Lending,
Detroit, MI.
Bronco STEA2M Innovation Hub.... California State $1,000,000
Polytechnic
University,
Pomona, CA.
Entrepreneurship for All-- Entrepreneurship $1,000,000
Statewide Initiative. for All, Inc.,
Lowell, MA.
Wright Patterson Regional Wright Patterson $1,000,000
Council of Governments. Regional Council
of Governments,
Fairborn, OH.
Asset, Limited, Income United Way of the $50,000
Constrained, and Employed Battle Creek and
(ALICE) Friendly Workplace Kalamazoo Region,
Project. Kalamazoo, MI.
Atlantic City Small Business Atlantic City $800,000
Assistance Initiative. Office of the
Business
Administrator,
Atlantic City, NJ.
RGV Small Business Innovation Texas A&M $500,000
Research and Technology Engineering
Transfer Program. Experiment
Station, College
Station, TX.
Small Business Accelerator Urban League of $150,000
Program in the Atlanta Area. Greater Atlanta,
Inc., Decatur, GA.
Black and Diverse Business Louisville Metro $250,000
Wealth Initiative. Government,
Louisville, KY.
Chef Space Consumer-Packaged Community Ventures $330,000
Goods Expansion. Corporation, Inc.,
Lexington, KY.
------------------------------------------------------------------------
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The bill provides $52,570,000 for a payment to the Postal
Service Fund.
Postal Non-Banking Financial Services Modernization Pilot
Program.--The agreement does not adopt the House report
directives on a postal non-banking financial services
modernization pilot program.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $262,000,000 for the Office of Inspector
General.
United States Tax Court
SALARIES AND EXPENSES
The bill provides $57,783,000 for salaries and expenses of
the United States Tax Court, of which not to exceed $3,000 is
available for official reception and representation expenses.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(INCLUDING RESCISSION OF FUNDS)
Section 601 prohibits pay and other expenses of non-Federal
parties intervening in regulatory or adjudicatory proceedings
funded in this Act.
Section 602 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly
provided.
Section 603 limits expenditures for any consulting service
through procurement contracts to those contracts where such
expenditures are a matter of public record and available for
public inspection.
Section 604 prohibits funds in this Act from being
transferred without express authority.
Section 605 prohibits the use of funds to engage in
activities that would prohibit the enforcement of section 307
of the Tariff Act of 1930 (46 Stat. 590).
Section 606 prohibits the use of funds unless the recipient
agrees to comply with the Buy American Act.
Section 607 prohibits funding for any person or entity
convicted of violating the Buy American Act.
Section 608 authorizes the reprogramming of funds and
specifies the reprogramming procedures for agencies funded by
this Act.
Section 609 ensures that 50 percent of unobligated balances
may remain available for certain purposes.
Section 610 restricts the use of funds for the Executive
Office of the President to request official background
reports from the Federal Bureau of Investigation without the
[[Page H2359]]
written consent of the individual who is the subject of the
report.
Section 611 ensures that the cost accounting standards
shall not apply with respect to a contract under the Federal
Employees Health Benefits Program.
Section 612 allows the use of certain funds relating to
nonforeign area cost-of-living allowances.
Section 613 prohibits the expenditure of funds for
abortions under the Federal Employees Health Benefits
Program.
Section 614 provides an exemption from section 613 if the
life of the mother is in danger or the pregnancy is a result
of an act of rape or incest.
Section 615 waives restrictions on the purchase of
nondomestic articles, materials, and supplies in the case of
acquisition by the Federal Government of information
technology.
Section 616 prohibits the acceptance by agencies or
commissions funded by this Act, or by their officers or
employees, of payment or reimbursement for travel,
subsistence, or related expenses from any person or entity
(or their representative) that engages in activities
regulated by such agencies or commissions.
Section 617 requires agencies covered by this Act with
independent leasing authority to consult with the General
Services Administration before seeking new office space or
making alterations to existing office space.
Section 618 provides for several appropriated mandatory
accounts, where authorizing language requires the payment of
funds for Compensation of the President, the Judicial
Retirement Funds (Judicial Officers' Retirement Fund,
Judicial Survivors' Annuities Fund, and the United States
Court of Federal Claims Judges' Retirement Fund), the
Government Payment for Annuitants for Employee Health
Benefits and Employee Life Insurance, and the Payment to the
Civil Service Retirement and Disability Fund. In addition,
language is included for certain retirement, healthcare, and
survivor benefits required by 3 U.S.C. 102 note.
Section 619 prohibits funds for the Federal Trade
Commission to complete the draft report on food marketed to
children unless certain requirements are met.
Section 620 provides authority for Chief Information
Officers over information technology spending.
Section 621 prohibits funds from being used in
contravention of the Federal Records Act.
Section 622 relates to electronic communications.
Section 623 relates to Universal Service Fund payments for
wireless providers.
Section 624 prohibits funds to be used to deny Inspectors
General access to records.
Section 625 relates to pornography and computer networks.
Section 626 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance.
Section 627 relates to conference expenditures.
Section 628 prohibits funds made available under this Act
from being used to fund first-class or business-class travel
in contravention of Federal regulations.
Section 629 provides $850,000 for the Inspectors General
Council Fund for expenses related to www.oversight.gov.
Section 630 relates to contracts for public relations
services.
Section 631 relates to advertising and educational
programming.
Section 632 relates to statements by grantees regarding
projects or programs funded by this agreement.
Section 633 prohibits funds for the SEC to finalize, issue,
or implement any rule, regulation, or order requiring the
disclosure of political contributions, contributions to tax-
exempt organizations, or dues paid to trade associations in
SEC filings.
Section 634 requires agencies funded in this Act to submit
to the Committees quarterly budget reports on obligations.
Section 635 rescinds $175,000,000 in unobligated balances
from the Department of the Treasury, Treasury Forfeiture
Fund.
Section 636 redesignates a Federal building and courthouse.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFER OF FUNDS)
Section 701 requires agencies to administer a policy
designed to ensure that its workplaces are free from the
illegal use of controlled substances.
Section 702 sets specific limits on the cost of passenger
vehicles purchased by the Federal Government with exceptions
for police, heavy duty, electric hybrid, and clean fuels
vehicles and with an exception for commercial vehicles that
operate on emerging motor vehicle technology.
Section 703 allows funds made available to agencies for
travel to also be used for quarters allowances and cost-of-
living allowances.
Section 704 prohibits the Government, with certain
specified exceptions, from employing non-U.S. citizens whose
posts of duty would be in the continental United States.
Section 705 ensures that agencies will have authority to
pay GSA for space renovation and other services.
Section 706 allows agencies to use receipts from the sale
of materials for acquisition, waste reduction and prevention,
environmental management programs, and other Federal employee
programs.
Section 707 provides that funds for administrative expenses
may be used to pay rent and other service costs in the
District of Columbia.
Section 708 precludes interagency financing of groups
absent prior statutory approval.
Section 709 prohibits the use of appropriated funds for
enforcing regulations disapproved in accordance with the
applicable law of the United States.
Section 710 limits the amount that can be used for
redecoration of offices under certain circumstances.
Section 711 permits interagency funding of national
security and emergency preparedness telecommunications
initiatives that benefit multiple Federal departments,
agencies, and entities.
Section 712 requires agencies to certify that a schedule C
appointment was not created solely or primarily to detail the
employee to the White House.
Section 713 prohibits the use of funds to prevent Federal
employees from communicating with Congress or to take
disciplinary or personnel actions against employees for such
communication.
Section 714 prohibits Federal training not directly related
to the performance of official duties.
Section 715 prohibits the use of appropriated funds for
publicity or propaganda designed to support or defeat
legislation pending before Congress.
Section 716 prohibits the use of appropriated funds by an
agency to provide home addresses of Federal employees to
labor organizations, absent employee authorization or court
order.
Section 717 prohibits the use of appropriated funds to
provide nonpublic information such as mailing or telephone
lists to any person or organization outside of the Government
without approval of the Committees.
Section 718 prohibits the use of appropriated funds for
publicity or propaganda purposes within the United States not
authorized by Congress.
Section 719 directs agencies' employees to use official
time in an honest effort to perform official duties.
Section 720 authorizes the use of current fiscal year funds
to finance an appropriate share of the Federal Accounting
Standards Advisory Board administrative costs.
Section 721 authorizes the transfer of funds to GSA to
finance an appropriate share of various Government-wide
boards and councils under certain conditions.
Section 722 authorizes breastfeeding at any location in a
Federal building or on Federal property.
Section 723 permits interagency funding of the National
Science and Technology Council and requires OMB to report on
the budget and resources of the Council.
Section 724 requires identification of the Federal agencies
providing Federal funds and the amount provided for all
proposals, solicitations, grant applications, forms,
notifications, press releases, or other publications related
to the distribution of funding to a State.
Section 725 prohibits the use of funds to monitor personal
information relating to the use of Federal Internet sites.
Section 726 regards contraceptive coverage under the
Federal Employees Health Benefits Plan.
Section 727 recognizes that the United States is committed
to ensuring the health of Olympic, Pan American, and
Paralympic athletes, and supports strict adherence to anti-
doping in sport activities.
Section 728 allows departments and agencies to use official
travel funds to participate in the fractional aircraft
ownership pilot programs.
Section 729 prohibits funds for implementation of OPM
regulations limiting detailees to the legislative branch and
placing certain limitations on the Coast Guard Congressional
Fellowship program.
Section 730 restricts the use of funds for Federal law
enforcement training facilities with an exception for the
Federal Law Enforcement Training Centers.
Section 731 prohibits executive branch agencies from
creating or funding prepackaged news stories that are
broadcast or distributed in the United States unless specific
notification conditions are met.
Section 732 prohibits funds used in contravention of the
Privacy Act, section 552a of title 5, United States Code, or
section 522.224 of title 48 of the Code of Federal
Regulations.
Section 733 prohibits funds in this or any other Act from
being used for Federal contracts with inverted domestic
corporations or other corporations using similar inverted
structures, unless the contract preceded this Act or the
Secretary grants a waiver in the interest of national
security.
Section 734 requires agencies to remit to the Civil Service
Retirement and Disability Fund an amount equal to the OPM
average unit cost of processing a retirement claim for the
preceding fiscal year, to be available to OPM for the cost of
processing retirements of employees who separate under
Voluntary Early Retirement Authority or who receive Voluntary
Separation Incentive Payments.
Section 735 prohibits funds to require any entity
submitting an offer for a Federal contract to disclose
political contributions.
Section 736 prohibits funds for the painting of a portrait
of an employee of the Federal Government, including the
President, the
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Vice President, a Member of Congress, the head of an
executive branch agency, or the head of an office of the
legislative branch.
Section 737 limits the pay increases of certain prevailing
rate employees.
Section 738 requires reports to Inspectors General
concerning expenditures for agency conferences.
Section 739 prohibits the use of funds to increase,
eliminate, or reduce a program or project unless such change
is made pursuant to reprogramming or transfer provisions.
Section 740 prohibits OPM or any other agency from using
funds to implement regulations changing the competitive areas
under reductions-in-force for Federal employees.
Section 741 prohibits the use of funds to begin or announce
a study or a public-private competition regarding the
conversion to contractor performance of any function
performed by civilian Federal employees pursuant to OMB
Circular A-76 or any other administrative regulation,
directive, or policy.
Section 742 ensures that contractors are not prevented from
reporting waste, fraud, or abuse by signing confidentiality
agreements that would prohibit such disclosure.
Section 743 prohibits the expenditure of funds for the
implementation of agreements in certain nondisclosure
policies unless certain provisions are included in the
policies.
Section 744 prohibits funds to any corporation with certain
unpaid Federal tax liabilities unless an agency has
considered suspension or debarment of the corporation and
made a determination that this further action is not
necessary to protect the interests of the Government.
Section 745 prohibits funds to any corporation that was
convicted of a felony criminal violation within the preceding
24 months unless an agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
Section 746 relates to the Consumer Financial Protection
Bureau (CFPB). Given the need for transparency and
accountability in the Federal budgeting process, the CFPB is
directed to provide an informal, nonpublic full briefing at
least annually before the relevant Appropriations
subcommittee on the CFPB's finances and expenditures.
Section 747 eliminates automatic statutory pay increases
for the Vice President, political appointees paid under the
executive schedule, ambassadors who are not career members of
the Foreign Service, political appointed (noncareer) Senior
Executive Service employees, and any other senior political
appointee paid at or above level IV of the executive
schedule.
Section 748 requires that any executive branch agency
notify the Committees if an apportionment of an appropriation
for such agency is not approved in a timely and appropriate
manner.
Section 749 requires the retention of certain records
pertaining to certain GAO audits.
Section 750 makes technical amendments related to the
Pandemic Response Accountability Committee.
Section 751 addresses interagency funding for the United
States Army Medical Research and Development Command, the
Congressionally Directed Medical Research Programs and the
National Institutes of Health research programs.
Section 752 declares the inapplicability of these general
provisions to title IV and title VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Section 801 allows the use of local funds for making
refunds or paying judgments against the District of Columbia
government.
Section 802 prohibits the use of Federal funds for
publicity or propaganda designed to support or defeat
legislation before Congress or any State legislature.
Section 803 establishes reprogramming procedures for
Federal funds.
Section 804 prohibits the use of Federal funds for the
salaries and expenses of a shadow U.S. Senator or U.S.
Representative.
Section 805 places restrictions on the use of District of
Columbia government vehicles.
Section 806 prohibits the use of Federal funds for a
petition or civil action that seeks to require voting rights
for the District of Columbia in Congress.
Section 807 prohibits the use of Federal funds in this Act
to distribute, for the purpose of preventing the spread of
bloodborne pathogens, sterile needles or syringes in any
location that has been determined by local public health
officials or local law enforcement authorities to be
inappropriate for such distribution.
Section 808 concerns a ``conscience clause'' on legislation
that pertains to contraceptive coverage by health insurance
plans.
Section 809 prohibits Federal funds to enact or carry out
any law, rule, or regulation to legalize or reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act or
any tetrahydrocannabinols derivative. In addition, section
809 prohibits Federal and local funds to enact any law, rule,
or regulation to legalize or reduce penalties associated with
the possession, use, or distribution of any schedule I
substance under the Controlled Substances Act or any
tetrahydrocannabinols derivative for recreational purposes.
Section 810 prohibits the use of funds for abortion except
in the cases of rape or incest or if necessary, to save the
life of the mother.
Section 811 requires the CFO to submit a revised operating
budget no later than 30 calendar days after the enactment of
this Act for agencies the CFO certifies as requiring a
reallocation to address unanticipated program needs.
Section 812 requires the CFO to submit a revised operating
budget for the District of Columbia Public Schools, no later
than 30 calendar days after the enactment of this Act, which
aligns schools' budgets to actual enrollment.
Section 813 allows for transfers of local funds between
operating funds and capital and enterprise funds.
Section 814 prohibits the obligation of Federal funds
beyond the current fiscal year and transfers of funds unless
expressly provided herein.
Section 815 provides that not to exceed 50 percent of
unobligated balances from Federal appropriations for salaries
and expenses may remain available for certain purposes. This
provision applies to the District of Columbia Courts, the
Court Services and Offender Supervision Agency, and the
District of Columbia Public Defender Service.
Section 816 appropriates local funds during fiscal year
2023 if there is an absence of a continuing resolution or
regular appropriation for the District of Columbia. Funds are
provided under the same authorities and conditions and in the
same manner and extent as provided for in fiscal year 2022.
Section 817 provides the District of Columbia authority to
transfer, receive, and acquire lands and funding it deems
necessary for the construction and operation of interstate
bridges over navigable waters, including related
infrastructure, for a project to expand commuter and regional
passenger rail service and provide bike and pedestrian access
crossings.
Section 818 is a new provision requiring each Federal and
District government agency appropriated Federal funding in
this Act to submit to the Committees quarterly budget reports
on obligations.
Section 819 specifies that references to ``this Act'' in
this title or title IV are treated as referring only to the
provisions of this title and title IV.
This division may be cited as ``Financial Services and
General Government Appropriations Act, 2022.''
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2022
The following is an explanation of Division F, which makes
appropriations for the Department of Homeland Security (DHS)
for fiscal year 2022. Funding provided in this agreement
sustains existing programs that protect the nation from all
manner of threats and ensures DHS's ability to improve
preparedness at the federal, state, local, tribal, and
territorial levels; prevent and respond to terrorist attacks;
and hire, train, and equip DHS frontline personnel protecting
the country.
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, language set forth in House Report 117-87
carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred
to above unless expressly provided herein.
When this joint explanatory statement refers to the
Committees or the Committees on Appropriations, these
references are to the House Appropriations Subcommittee on
Homeland Security and the Senate Appropriations Subcommittee
on Homeland Security.
This explanatory statement refers to certain entities,
persons, funds, and documents as follows: the Department of
Homeland Security is referenced as DHS or the Department; the
Government Accountability Office is referenced as GAO; and
the Office of Inspector General of the Department of Homeland
Security is referenced as OIG. In addition, ``full-time
equivalents'' are referred to as FTE; ``Information
Technology'' is referred to as IT; ``program, project, and
activity'' is referred to as PPA; any reference to ``the
Secretary'' should be interpreted to mean the Secretary of
Homeland Security; ``component'' should be interpreted to
mean an agency, administration, or directorate within DHS;
any reference to SLTT should be interpreted to mean state,
local, tribal, and territorial; and ``budget request'' or
``the request'' should be interpreted to mean the budget of
the U.S. Government for fiscal year 2022 that was submitted
to Congress on May 28, 2021.
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND
OVERSIGHT
Office of the Secretary and Executive Management
OPERATIONS AND SUPPORT
The agreement includes an increase of $11,306,000 above the
budget request, including program increases above the request
of: $4,700,000 for the Office of Strategy, Policy and Plans
for a Migration Analysis Center; $3,500,000 for the Office
for Civil Rights and Civil Liberties (CRCL); $3,310,000 for
the Office of the Immigration Detention Ombudsman (OIDO); and
$400,000 for the Office of Partnership and Engagement. The
bill does not provide the requested $604,000 to transfer the
Office for Faith-Based and Neighborhood Partnerships.
Biometric Exit.--Not later than 30 days after the date of
enactment of this Act, the Department is directed to provide
an expenditure plan for H-1B and L-1 fee revenue and any
other resources to be applied to biometric exit
implementation. The Secretary is encouraged to continue
working with the Government of Mexico to adopt technology
infrastructure that would support entry and exit data
exchange. Not later than 180 days after the date of enactment
of this Act, the Department shall brief the Committees on its
ongoing efforts to address entry and exit data collection and
exchange in the air, land, and sea border environments.
Blue Campaign.--The agreement includes $3,000,000 for the
Blue Campaign, an increase of $400,000 above the request to
continue the transition of the program to direct
appropriations and away from a reliance on component
contributions. The Department is directed to account for and
propose full direct funding for program operations in the
justification materials that accompany future budget
submissions.
Border Barriers.--Within 120 days of the date of enactment
of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of the Interior, shall
convene a multi-agency working group to identify the impacts
of complete and incomplete border security infrastructure on
border security, communities, tribes, wildlife, and local
environments, including the impacts of erosion and improper
drainage associated with partially complete infrastructure
projects. Not later than 240 days after the date of enactment
of this Act, the Secretary shall provide the Committees with
a plan for addressing such impacts.
Case Management.--DHS is directed to coordinate with the
Department of Health and Human Services (HHS) to provide an
analysis of existing Alternative to Detention (ATD) case
management programs.The Department shall brief the Committees
on their findings within 180 days of the date of enactment of
this Act.
Family Separation--Extended Families.--For unaccompanied
children who arrive with an adult immediate relative, other
than a parent or legal guardian, CBP shall ensure that ORR is
made aware of the extended family relationship and that its
electronic processing systems document such relationships.
DHS is directed to develop consistent policies, informed by
the best interests of the child and in collaboration with
other federal agencies that work with unaccompanied children,
for the treatment of family units. In addition, the
Department is directed to provide the Committees with a
report, not later than 60 days after the date of enactment of
this Act, detailing the Department's working definitions of,
and any pertinent memos, trainings, or documents, relating to
the issue of ``fraudulent family units.''
Family Separation and Reunification.--Whenever possible and
consistent with the best interests of the child, the
Department shall ensure that separated family units are
reunited prior to removal or release from U.S. Customs and
Border Protection (CBP) custody and remain together upon
transfer to U.S. Immigration and Customs Enforcement (ICE) or
Office of Refugee Resettlement (ORR) custody. Individuals
transferred from CBP to ICE custody, currently in ICE
custody, or under ICE supervision should also have
opportunities to report family separation incidents; to
verify the status, location, and disposition of family
members; and to regularly communicate by telephone with
family members. The Department shall ensure that agents and
officers are properly trained in child welfare screening for
child victims of trafficking, in accordance with the
Trafficking Victims Protection Reauthorization Act of 2008
(Public Law 110-457). CBP shall also continue to follow
direction in Senate Report 116--125 regarding Immigration
Reunification. The Department is directed to continue to
provide a monthly report to the Committees, to also be made
public on the department's website, which shall document when
and where all family separations occur.
The Department is directed to continue to provide a monthly
report to the Committees, to also be made public on the
department's website, which shall provide the following:
(1) the number of children separated from their parents at
the border, delineated by age and nationality of the children
and the parents or legal guardians;
(2) the nature of administrative or criminal charges filed
against adult family members;
(3) the basis for the separation, including whether such
separation was based on information obtained by a foreign
government;
(4) how often family units apprehended together are
detained in ICE custody, referred to ORR, and/or deported
separately;
(5) whether child welfare experts were consulted prior to
the family's physical separation;
(6) whether a minor was separated from a group presenting
as a family unit after a determination that no adult in the
group was a parent or legal guardian; and
(7) in cases where CBP separates individuals claiming to be
a family unit on the basis of suspected human trafficking,
information about whether any adult in the group was
subsequently charged civilly or criminally with a trafficking
offense.
The report shall also detail processes for ensuring the
reunification of separated family units and as applicable,
the Department may transmit information relating to (3) above
in the appropriate format.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022
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, and
the protection of civil rights, 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 submit a report to the Committees on
Appropriations on their efforts relating to such
implementation no later than 180 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 submit a report to the Committees on
Appropriations, no later than 180 days after enactment of
this Act, on their efforts to so participate.
Future Goods and Services for Homeland Security Feasibility
Report.--The Department is directed to submit the report
required in the joint explanatory statement accompanying the
fiscal year 2021 Act on the feasibility of producing an
annual projection of needs for goods and services necessary
for responding to and supporting recovery from nationwide
disruptions.
Headquarters Organizational Units.--The Department is
directed to brief the Committees at least 60 days prior to
any changes to or transfer of headquarters organizational
units.
Language Access Programs.--Not later than 30 days after the
completion of the analysis of component language access plans
directed in the explanatory statement accompanying the fiscal
year 2021 Act, CRCL is directed to brief the Committees on
the results of the analysis and recommendations for
improvements to such plans.
[[Page H2396]]
Law Enforcement Support.--Not later than 90 days after the
date of enactment of this Act and to be updated quarterly,
the Secretary shall make available a report on a publicly
accessible website that includes data on requests to any law
enforcement component of the Department of Homeland Security
for law enforcement support in the form of personnel,
aircraft, or other assets, which shall include each of the
following for each requesting entity:
(1) the purposes for which support is requested;
(2) the numbers and categories of personnel and assets
requested;
(3) the requested duration of the support;
(4) whether the requested support was provided and, if so,
the dates and descriptions of such support; and
(5) an estimated cost of providing such support.
These reporting requirements shall apply to requests from
non-federal law enforcement entities and federal law
enforcement entities, including other components of the
Department of Homeland Security. The reporting requirements
shall not apply to:
(1) requests for support or support associated with Special
Event Assessment Rating events for which the Department of
Homeland Security and other Federal departments and agencies
provide support by law;
(2) support and coordination associated with National
Special Security Events;
(3) training and other educational support;
(4) support provided through a grant program; or
(5) cooperative or joint investigations.
Support to a non-federal entity in a location where First
Amendment protected activity is occurring should only be
provided if approved in advance by the Secretary, the Deputy
Secretary, or the Under Secretary for Management, and the
Department shall notify the Committees not more than 48 hours
after the approval of such support.
Legal Orientation and Access Programs.--Within 270 days of
the date of enactment of this Act, the Office of Strategy,
Policy, and Plans, in cooperation with CRCL, shall brief the
Committees on the benefits, challenges, and potential impact
of establishing legal orientation and access programs in all
custody and detention facilities.
Domestic Terrorism.--The Department is directed to
coordinate with the Department of Justice, including the FBI,
and key public safety officials across the United States to
promote information sharing and ensure an effective joint
effort to combat domestic terrorism. The Department is also
directed to review its anti-terrorism training and resource
programs for federal and SLTT law enforcement agencies, with
a focus on ensuring they are effective in helping agencies
understand, detect, deter, and investigate extremist threats,
including any potential surreptitious efforts by extremists
to join the ranks of law enforcement.
Not later than 90 days after the date of enactment of this
Act, the Department is directed to brief the Committees on
Appropriations and Judiciary of the House and the Senate on
its assessment of the domestic terrorism threat, including
internal threats to law enforcement. The briefings shall also
include an analysis of acts or attempted acts of domestic
terrorism in the United States during fiscal year 2021.
Official Reception and Representation Expenses.--DHS shall
continue to submit quarterly obligation reports for official
reception and representation expenses, as in prior years, and
refrain from using such funds for unnecessary collectibles or
memorabilia.
OSEM Hiring and Staffing.--OSEM is directed to provide
quarterly updates to the Committees on hiring and staffing
within OSEM.
Outreach to Tribes and Rural Areas.--The Office of
Partnership and Engagement is directed to brief the
Committees not later than 90 days after the date of enactment
of this Act on its outreach efforts to rural communities and
tribes in support of the homeland security mission.
CBP Border Security Technology.--Within 90 days of the date
of enactment of this Act, DHS is directed to brief the
Committees on each type of border security technology in use
between the ports of entry, which should address the
following:
(1) the type of technology, including its mechanism for
collecting data and the type of data it collects;
(2) the justification for the use of the technology;
(3) potential privacy impacts that could result from the
use of the technology and measures in place to mitigate those
impacts where appropriate;
(4) identification of which technologies have had privacy
or civil liberties reviews submitted to or carried out by
CRCL or the DHS Privacy Office;
(5) oversight mechanisms in place to ensure adherence to
privacy laws and policies;
(6) the number of complaints received by CRCL related to
each border security technology platform or modality;
(7) the data collection, handling, and disposal policies
for the technology;
(8) any contract or other agreement for the acquisition or
use of the technology, with appropriate redactions for
proprietary or sensitive law enforcement information; and
(9) any memoranda of understanding with other agencies
related to the use of the technology and accompanying
justification for each agreement, with appropriate redactions
for sensitive law enforcement information.
The briefing shall also address the feasibility of making
this information available on a public facing website, to be
updated quarterly as necessary and with appropriate
redactions for law enforcement sensitive information.
Parole Requests.--Beginning within 60 days, the Department
shall provide quarterly reports on the number of parole
requests received and granted, and for those granted, the
rationale for each grant and its duration.
Policies, Standards, and Practices.--GAO is directed to
review use of force policies, incident tracking mechanisms,
and training for DHS law enforcement components, including an
assessment of whether vehicle pursuit policies, apprehension
tactics, training on de-escalation and less lethal responses,
and other policies, standards, and practices: (1) follow law
enforcement best practices; (2) reflect recommendations from
the Homeland Security Advisory Council's Integrity Advisory
Panel; and (3) compare to those of Department of Justice law
enforcement components. GAO shall provide a briefing to the
Committees on the interim results of the review not later
than 180 days after the date of enactment of this Act and
shall provide a final report to the Committees not later than
one year after the date of enactment of this Act.
Public Reporting of Operational Statistics.--The Department
is directed to submit quarterly Border Security Status
Reports and data on the removal of the parents of U.S.-born
children semiannually, as in prior years.
Records Management.--The Department is expected to maintain
records and respond to records requests according to the
requirements of section 552 of title 5, United States Code,
for information related to all detainees in the custody of
the Department, regardless of whether such detainees are
housed in a federal or non-federal detention facility.
Records should only be withheld from disclosure if the
Department reasonably foresees that disclosure would harm an
interest protected by an exemption described in section
552(b) of title 5, United States Code, or is otherwise
prohibited by law.
Reporting Mechanism.--Not later than 120 days after the
date of enactment of this Act, CRCL is directed to brief the
Committees on current mechanisms for the intake of complaints
from the public related to state and local law enforcement
involvement in federal immigration enforcement.
Review of Law Enforcement Officer (LEO) Duties.--The
Secretary is directed to engage with a Federally Funded
Research and Development Center or other independent entity
with appropriate expertise to review the duties and
responsibilities of a CBP officer or agent. The review should
determine whether such personnel currently perform roles for
which LEO training and expertise is not required as a matter
of law or regulation. DHS is directed to provide a briefing
to the Committees on the results of this evaluation not later
than 120 days after the date of enactment of this Act, which
should include recommendations for any needed changes to
statute, regulation or policy that could help reduce the
Department's current reliance on LEOs for duties that could
be provided by a non-LEO more efficiently and at less
expense.
Small Unmanned Aerial Vehicles (sUAS).--Until national
security requirements for procuring sUAS are in place, no
funds in this Act shall be used to procure sUAS without a
certification of review of the industry alert and any
subsequent UAS guidance and the completion of a risk
assessment that considers the proposed use of foreign-made
UAS. The Office of Strategy, Policy, and Plans is directed to
continue to review domestically produced sUAS alternatives
and update guidance as appropriate.
State Police and Crime Labs.--The Department should
continue to work with state crime labs where available,
particularly in areas not adequately served by departmental
labs or other federal facilities, and to provide appropriate
assistance to state police crime labs to ensure federal
requirements do not burden state resources and to prevent the
accumulation of backlogs that can slow investigations. The
Department shall report annually on its use of, and
partnerships with, state crime labs, including an accounting
of funding associated with such partnerships.
Tribal Engagement.--The Office of Partnership and
Engagement is directed to continue briefing the Committees on
its outreach efforts to rural communities and Tribes in
support of their homeland security efforts, with the first
such briefing to be provided not later than 90 days after the
date of enactment of this Act.
Visa Overstays.--Consistent with section 1376 of title 8,
United States Code, the Department is directed to submit an
updated report outlining its comprehensive strategy for
overstay enforcement and deterrence not later than 180 days
after the date of enactment of this Act. The report shall
detail ongoing actions to identify aliens who have overstayed
their visas, including efforts to improve overstay reporting
capabilities; notify aliens in advance of their required
departure dates; track overstays for enforcement action;
refuse or revoke current and future visas and travel
authorization; and otherwise deter violations or take
enforcement action.
Use of Facial Recognition Technology.--Within 180 days of
the date of enactment of this Act, the Department is directed
to implement a mechanism to track the use of non-federal
systems with facial recognition technology by DHS personnel
to support investigative activities. After implementing
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such mechanism, the Office of Strategy, Policy, and Plans is
directed to brief the Committees on an assessment of the
risks of using such systems, including privacy and accuracy-
related risks; whether such risks have been or could be
appropriately mitigated; and details of the requirements and
costs of any new or expanded mitigation strategy.
Federal Assistance
The agreement provides an increase of $10,000,000 above the
request for an Alternatives to Detention case management
grant pilot program.
Management Directorate
OPERATIONS AND SUPPORT
The agreement includes an overall decrease of $16,544,000
below the request. It includes increases of: $1,800,000 above
the request for the new GOVTA licenses for the National
Finance Center Payroll Time and Attendance (T&A) Program;
$2,500,000 for the Secretary's Honors Program; $18,156,000
for increased IDENT sustainment costs; and $5,000,000 for
Program Analysis and Evaluation (PA&E) to review models
developed by DHS components. It includes a decrease of
$44,000,000 for vehicle fleet modernization. The agreement
also provides net zero technical adjustments requested by the
Department in technical drafting assistance.
Appropriations Structure Consistency.--Not later than 120
days after the date of enactment of this Act, the Program
Analysis and Evaluation Director and the Budget Director
shall brief the Committees on actions taken by the Office of
the Chief Financial Officer (OCFO) to ensure consistent use
of appropriations account categories (O&S, PC&I, and R&D)
across DHS. The briefing shall include lessons learned since
the establishment of the Common Appropriations Structure;
oversight actions to ensure proper programming during the
budget cycle and off-cycle to cover any year of execution
changes; and options for strengthening consistency across the
Department.
Budget Justifications.--The Department is expected to
provide complete justification materials for the fiscal year
2023 budget request, providing details for each office and
program, and clearly describing and accounting for current
services, transfers, adjustments to base, and program
changes. In addition to the elements and level of detail
described in Senate Report 116-125, the justifications shall
incorporate output from predictive models used by DHS
component agencies to identify likely impacts to future
requirements. For each relevant program area, justifications
shall clearly describe and quantify the projections used to
inform resource requests, indicate the agencies impacted by
the projections, and confirm whether the budget requests for
those agencies were developed using the same assumptions.
In addition, the Chief Financial Officer is directed to
ensure that fiscal year 2023 budget justification materials
for classified and unclassified budgets of all components are
submitted concurrent with the President's budget submission
to the Congress.
Component Briefing Materials.--Copies of written materials
for all component, directorate, and office briefings to the
Committees shall be provided to the Office of the Chief
Financial Officer for review sufficiently in advance of
scheduled briefings to ensure that the materials are
responsive to briefing directives.
Component Spend Plans.--The Department is directed to
notify the Committees when significant, policy related
changes are made to spend plans. Any significant new activity
that has not been explicitly justified to the Committees or
for which funds have not been provided in appropriations Acts
requires the submission of a reprogramming or transfer
request.
Component Staffing Plans.--The Department shall submit
staffing plans to the Committees on a quarterly basis and
shall ensure such plans are connected to activity-level
details in the budget justification materials.
Component Models.--The agreement includes $5,000,000 for
the Office of Program Analysis and Evaluation (PA&E) to
review models developed by DHS components in order to develop
and maintain an enterprise-wide awareness of models and
create common standards to which component models are built
and validated across the Department. PA&E shall prioritize
efforts to incorporate agency models, where relevant, into
internal budgeting and planning processes, directly
connecting the output from those models to annual budget
justification materials to either maintain or increase
funding.
Counter-Unmanned Aerial Systems (CUAS).--Within 60 days of
the date of enactment of this Act, the Department shall brief
the Committees on its estimated funding needs, including
those not addressed within the fiscal year 2023 budget
request, for fiscal years 2023 through 2024 to research,
test, acquire, and deploy CUAS capabilities.
Cybersecurity Professionals.--Not later than 60 days after
the date of enactment of this Act, the Office of the Chief
Human Capital Officer, in coordination with the Office of the
Chief Information Officer (OCIO) and CISA, shall brief the
Committees on the status of meeting the Department's
cybersecurity hiring goals and plans for developing
standardized metrics to ensure consistency in identifying
personnel skills and talents across the Department. The
briefing should also include recommendations on how the
qualification standards for IT-focused jobs can be updated to
meet the Department's needs and the role and anticipated
impact from the new Cybersecurity Talent Management System.
Data Center Consolidation.--In addition to budget
justification materials and obligation plans, OCIO shall
provide semiannual briefings to the Committees on the
execution of its major initiatives and investment areas,
including details regarding cost, schedule, hybrid data
center and cloud solutions, and the transfer of systems to or
from department data centers or external hosts.
Domestic Supply Chain.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Homeland
Security shall provide a report to the Committees with
recommendations on how the Department may procure additional
items from domestic sources and bolster the domestic supply
chain for items related to national security. The report
shall include a status of the compliance of the Department
with the requirements under section 604 of title VI of
division A of the American Recovery and Reinvestment Act of
2009 (6 U.S.C. 453b). Additionally, the report shall include
an assessment of the capacity of the Department to procure
the following items from domestic sources: personal
protective equipment and other items necessary to respond to
a pandemic such as that caused by COVID-19; body armor
components intended to provide ballistic protection for an
individual; helmets that provide ballistic protection and
other head protection and components; and rain gear, cold
weather gear, and other environmental and flame resistant
clothing.
Hiring in Rural Communities.--Not later than 90 days after
the date of enactment of this Act, the Department shall
provide a report to the Committees on the challenges of
recruiting and retaining federal employees in non-contiguous
and rural states. The report shall include a clear
description of the obstacles related to using small
businesses; information about rates of attrition; the numbers
of unfilled positions; and the duration of time for which
those positions have remained vacant. The report shall also
provide an assessment of the effect these vacancies have on
the ability of components to accomplish their statutory and
administrative responsibilities.
IDENT Sustainment Operations.--The agreement includes an
increase of $18,156,000 which is required for the continued
operations of IDENT throughout fiscal year 2022.
Independent Evaluation of the Homeland Security Advanced
Recognition Technology System (HART).--The Department is
directed to ensure an independent evaluation of revised
program plans for HART is initiated in fiscal year 2022.
Additionally, the Department shall provide adequate
disclosure of its technologies, data collection mechanisms,
and sharing agreements among DHS immigration enforcement
agencies, other Federal, State, local, and foreign law
enforcement agencies, and fusion centers as relates to the
development of HART.
DHS Policy Regarding the Office of the Inspector General.--
The agreement directs the Secretary to review MD 0810.1 to
ensure the Department has clearly delineated roles and
responsibilities for each of its oversight bodies, while also
preserving the OIG's independence and authorities granted by
the Inspector General Act of 1978. In reviewing this
directive, for matters where the Secretary determines the OIG
shall have the opportunity to claim exclusive jurisdiction,
such jurisdiction shall be reviewed to ensure it is narrowly
tailored to ensure that the Department's other oversight
functions are able to continue to execute their
responsibilities. The Department shall brief the Committees
not later than 90 days after the date of enactment of this
Act on the interim findings of this review and issue a
revised directive, as warranted by the review, not later than
180 days after the date of enactment of this Act.
Office of Biometric Identity Management (OBIM) Semi-Annual
Briefings.--OBIM is directed to continue briefing the
Committees on a semiannual basis on its workload, service
levels, staffing, modernization efforts, and other
operations.
Vehicle Fleet Modernization.--The agreement includes
$32,000,000 for vehicle fleet modernization. The Department
is directed to provide to the Committees a spend plan for
these funds within 45 days of the date of enactment of this
Act.
Working Capital Fund (WCF) realignment.--The agreement
includes the requested realignment of WCF transfers across
the Operations and Support PPAs.
Zero Trust Security Model.--The agreement directs the
Department to continue aggressively pursuing a zero trust
security model including through adopting capabilities that
allow endpoints such as mobile devices and remote workspaces
to operate in a secure and protected manner, as they would
normally exist within agency networks.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $95,000,000 above the request. The
total includes the requested amounts for headquarters lease
consolidations and decommissioning, improvements at Mt.
Weather, and the proposed headquarters consolidation
activities at the St. Elizabeths campus. It includes an
increase of $150,000,000 above the request for Joint
Processing Centers, as described below. The agreement
includes a decrease of $30,000,000 from the request for
financial services modernization and a decrease of
$25,000,000 from
[[Page H2398]]
the request for HART development and deployment.
DHS Headquarters Consolidation.--Within 30 days of the date
of enactment of this Act, the Department shall provide to the
Committees an updated plan for the St. Elizabeths campus that
has been approved by the Secretary, to include cost savings
associated with the construction of new headquarters
facilities for the Office of Intelligence and Analysis and
ICE.
Financial Services Modernization (FSM).--Within 90 days of
the date of enactment of this Act, the Department shall brief
the Committees on its strategy for the acquisition of
software and services related to FSM.
HART Development and Deployment.--The agreement includes a
decrease of $25,000,000 from the request in recognition of
ongoing cost, schedule, and performance challenges, derailing
implementation of new operational capabilities for DHS
agencies. Within 45 days of the date of enactment of this
Act, the Department shall provide a briefing to the
Committees on the status of a revised program baseline and
whether the DHS Acquisition Review Board has approved that
revised baseline. The briefing shall also include steps the
Department is taking to minimize future delays, and, as noted
above, the timeframe to conduct an independent verification
and validation of revised HART development plans.
Joint Processing Centers.--Increased migration to the U.S.
Southern border over the past few years has strained the
capabilities of CBP and ICE to both secure the border and to
humanely process individuals in a timely manner. Beginning in
2019, CBP began leasing temporary, soft-sided facilities to
help manage processing and mitigate overcrowding. Because the
cost of leased facilities is not sustainable, the bill
provides funding to construct two permanent facilities in
close proximity to the border, which also provides an
opportunity to design facilities that can help CBP and ICE
better integrate their operations, reducing costs and time in
CBP custody for individuals, and returning agents to patrol
the border. Not later than 90 days after the date of
enactment of this Act, the Under Secretary for Management
shall develop Department-wide requirements and operating
procedures for Joint Processing Centers that enhance border
security operations; better integrate CBP and ICE immigration
processing; reduce the Department's short-term processing and
custody costs; and facilitate the humane treatment of
individuals encountered at the border.
Intelligence, Analysis, and Operations Coordination
OPERATIONS AND SUPPORT
The agreement reduces the request by $22,449,000. A total
of $89,672,000 is available until September 30, 2023.
Annual Budget Justification Materials.--The fiscal year
2023 budget justification materials for the classified budget
shall include the same level of detail required for other
appropriations and PPAs.
Intelligence Expenditure Plan.--The Department's Chief
Intelligence Officer is directed to brief the Committees on
the fiscal year 2022 expenditure plan for the Office of
Intelligence and Analysis within 30 days of the date of
enactment of this Act. The plan shall include the following:
(1) fiscal year 2022 expenditures and staffing allotted for
each program as compared to fiscal years 2018 through 2021;
(2) all funded versus on-board positions, including FTE,
contractors, and reimbursable and non-reimbursable detailees;
(3) a plan for all programs and investments, including
dates or timeframes for achieving key milestones;
(4) allocations of funding within each PPA for individual
programs and a description of the desired outcomes for fiscal
year 2022; and
(5) items outlined in the classified annex accompanying
this explanatory statement.
Office of Inspector General
OPERATIONS AND SUPPORT
The agreement includes $205,359,000, consistent with the
budget request.
Custody Operations Reporting.--OIG is directed to continue
its program of unannounced inspections of immigration
detention facilities and shall publish its final report
regarding the inspections within 180 days of the enactment of
this Act. The Inspector General shall ensure that the results
of the inspections and other reports and notifications
related to custody operations activities are posted on a
publicly available website.
Denial of OIG Access to Records and Information.--The OIG
shall provide a quarterly report to the Committees concerning
efforts of components to prevent or impede OIG access to
records, documents or other materials. The report shall
include at a minimum, a summary of the OIG request, a
description of the component response to the request, and any
other information the OIG determines appropriate.
Disaster Assistance for Individuals and Households.--The
OIG is directed to review FEMA's application process and
procedures for the Individuals and Households Program (IHP)
including its methods to prevent fraudulent applications, and
to brief the Committees on its findings within 120 days of
the date of enactment of this Act. The briefing shall detail
whether recommendations from oversight entities, including
the OIG, may have inadvertently led FEMA to develop policies
and procedures that are overly restrictive and, as a result,
may be preventing disaster survivors who would otherwise be
eligible for IHP from receiving that assistance.
Monthly Budget and Staffing Briefings.--In addition to the
requirement set forth in section 102 of this Act, OIG shall
provide the Committees monthly budget and staffing briefings
beginning not later than 45 days after the date of enactment
of this Act. The briefings shall align budget and staffing to
program areas and also serve as regular operational updates
of OIG's activities. The first briefing shall include planned
obligations for the fiscal year against which execution data
will be compared in subsequent briefings, along with any
changes to the plan. Prior to the first briefing, OIG shall
provide the Committees a proposed list of program areas,
which shall include a Mission Support category used by other
DHS components.
Strategic Plan.--Within 90 days of the date of enactment of
this Act, OIG shall brief the Committees on the Strategic
Plan, which shall include an update on the status and
effectiveness of the ongoing implementation of the Plan. The
briefing shall also address the June 2021 Government
Accountability Office (GAO) Report entitled, ``Actions Needed
to Address Long-Standing Management Weakness,'' and
specifically respond to each recommendation raised by the
GAO.
TITLE I--ADMINISTRATIVE PROVISIONS
Section 101. The agreement continues a provision requiring
the Inspector General to review grants and contracts awarded
by means other than full and open competition and report the
results to the Committees.
Section 102. The agreement continues a provision requiring
the Chief Financial Officer to submit monthly budget
execution and staffing reports within 30 days after the close
of each month.
Section 103. The agreement continues a provision directing
the Secretary to require that contracts providing award fees
link such fees to successful acquisition outcomes.
Section 104. The agreement continues a provision requiring
the Secretary, in conjunction with the Secretary of the
Treasury, to notify the Committees of any proposed transfers
from the Department of Treasury Forfeiture Fund to any agency
at DHS. No funds may be obligated prior to such notification.
Section 105. The agreement continues a provision related to
official travel costs of the Secretary and Deputy Secretary.
Section 106. The agreement includes a provision requiring
the Under Secretary for Management to provide quarterly
briefings on acquisition information to the Committees.
Section 107. The agreement includes a provision restricting
the use of funding for any pilot program involving more than
5 full-time personnel equivalents or costing in excess of
$1,000,000 unless the Secretary submits certain information
to the Committees related to the program's goals, metrics,
and implementation plan.
Section 108. The agreement includes a provision authorizing
reimbursements to airports for the costs of supporting DHS
efforts to receive individuals evacuated from Afghanistan as
part of Operation Allies Welcome.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
OPERATIONS AND SUPPORT
(INCLUDING TRANSFER OF FUNDS)
The agreement includes increases above the request for the
following: $125,489,000 for adjustments to pay based on
technical assistance provided by U.S. Customs and Border
Protection (CBP); $27,495,000 for the implementation of the
Uyghur Forced Labor Prevention Act; $21,900,000 for onsite
mental health clinicians and resiliency efforts, for a total
of $23,000,000; $3,000,000 for a zero trust architecture
pilot; $500,000 for asylum processing analysis; $5,000,000
for tuition assistance; $5,000,000 for tribal roads used by
the Border Patrol; $10,000,000 for processing improvements;
$1,500,000 for rescue beacons and the missing migrant
program, for a total of $3,000,000; $2,500,000 for analytics;
$25,000,000 for innovative technology; $6,000,000 for
caregivers and childcare services; $4,000,000 for Carrizo
cane control, for a total of $6,000,000; $20,000,000 for
incident driven video recording systems, including body worn
cameras, and for Freedom of Information Act compliance and
data storage requirements; $10,000,000 for video device
monitoring capabilities; $21,000,000 for autonomous
surveillance towers; $10,000,000 for port of entry
technology; $10,000,000 to maintain baseline programs for the
Office of Trade; $10,000,000 for forced labor activities;
$10,000,000 for contract costs; and $2,000,000 for medical
contract oversight. Title V of this bill includes an
additional $650,000,000 to compensate for the pandemic
related reduction in customs and immigration user fee
revenue, and $993,792,000 related to increased border
management costs. The agreement also includes numerous
realignments based on technical assistance provided by CBP.
Within the total amount provided, the bill makes
$700,000,000 available until September 30, 2023, including
$74,340,000 for increased hiring and facility requirements
within the Office of Professional Responsibility; $23,000,000
for onsite mental health clinicians and resiliency efforts;
and $3,000,000 for rescue beacons and the missing migrant
program.
Acquisition Reforms.--Not later than 30 days after the date
of enactment of this Act, CBP
[[Page H2399]]
is directed to brief the Committees on the recommendations
and lessons learned from the recent independent review of its
acquisition processes and procedures, including an
implementation plan for the recommended reforms and, for any
recommendation CBP does not plan to implement, the rationale
for not doing so.
Advanced Electronic Data.--CBP is directed to brief the
Committees within 90 days of the date of enactment of this
Act on efforts to implement the STOP Act and the impact of
implementation on preventing the entry of dangerous opioids,
such as fentanyl.
Agricultural Inspections.--CBP shall continue working with
USDA to better leverage existing staff to address the
agricultural inspection workload, such as through the
authorization of additional work hours or dual certification.
Asylum Processing.--In addition to related direction in the
House Report, CBP shall review training protocols, consider
the benefit and feasibility of infrastructure changes and
other investments to ensure the safe, humane, and orderly
processing and prompt processing of single adults, families,
and unaccompanied children in CBP custody, in compliance with
the CBP National Standards on Transport, Escort, Detention,
as well as existing legal and court requirements.
Border Migration Management.--Within 90 days of the date of
enactment of this Act, CBP shall brief the Committees on its
processing capacity at the southwest border and provide
recommendations for increasing that capacity to better manage
influxes of individuals crossing the southwest border, either
at or between the land ports of entry.
Border Patrol Workforce Staffing Model.--Within 30 days of
the date of enactment of this Act, CBP shall provide a
briefing to the Committees on the status of the Border Patrol
workforce staffing model, which should take into account the
impact of border security technology, infrastructure, and air
and marine support on personnel needs. Within 90 days of the
date of enactment of this Act, CBP shall provide a report
detailing a finalized model, including a description of the
data sources and methodology used to generate the model;
actions taken to independently verify the model; and a plan
for updating and maturing the model, including the impact of
new border security investments.
Border Security Deployment Program (BSDP).--CBP shall brief
the Committees within 120 days of the date of enactment of
this Act on a plan to expand BSDP at LPOEs.
Budget Justification.--The agreement continues direction
from the fiscal year 2021 explanatory statement for CBP to
include the following information in congressional
justifications for proposed funding increases: a description
of the relationship between investments; data on how a change
in one investment may impact another; and how the investments
will improve performance. The justifications should be
informed by advanced analytics and modeling tools that link
resources to operational capabilities. CBP is directed to
accelerate efforts to adopt and incorporate these types of
tools and provide a briefing within 60 days of the date of
enactment of this Act on how the agency will comply with this
requirement.
Additionally, CBP is directed to marshal its considerable
resources to develop and apply predictive analytics to inform
future budget submissions and other planning activities. CBP
shall provide a briefing to the Committees on a plan to
comply with this requirement within 45 days of the date of
enactment of this Act.
Continued Dumping and Subsidy Offset Act (CDSOA)
Compliance.--CBP shall determine the impact of the recoupment
of prior duties under CDSOA on U.S. producers and notify the
Committees prior to recouping such payments or reducing
future payments.
CBP-wide Capability Gaps.--As directed in the joint
explanatory statement accompanying the fiscal year 2021 Act,
and in lieu of direction in the House Report, CBP shall brief
the Committees bi-monthly on its efforts to evaluate CBP-wide
workload, capabilities, assets, and human resource gaps and
use the results of the quarterly analyses to support future
budget requests.
Death Notifications.--CBP is directed to ensure agents have
sufficient training to carry out the agency's procedures on
death in custody notifications, including adherence to all
pertinent privacy laws. CBP shall ensure that all required
notifications are made in a timely manner, including timely
notification to the applicable consulate, congressional
committees, and other agency stakeholders. CBP shall provide
a description of its notification policies on its public-
facing website, and promptly update the description to
reflect any future changes in the policy. CBP shall also
continue to provide the data required in its Notification and
Review Procedures for Certain Deaths and Deaths in Custody,
dated May 26, 2021, regarding migrant deaths. Additionally,
in lieu of direction in the House Report concerning
notification of a death in custody or not in custody, CBP
shall notify the Committees 24 hours or as soon as validated
information is available, but not to exceed 72 hours.
Drug and Currency Interdiction Reporting.--Within 60 days
of the date of enactment of this Act, CBP shall brief the
Committees on options for publicly reporting on monthly
seizures of marijuana, cocaine, heroin, fentanyl, and
fentanyl analogues.
Drug Detection Capabilities.--Funds provided by this and
prior Acts shall be made available for facility improvements;
detection and testing equipment upgrades; increased capacity
for testing and storing illegal and regulated substances;
improved interoperability with FDA detection equipment; and
innovative technologies that apply advanced analytics and
machine learning capabilities.
Environmental Crimes Enforcement.--Within 120 days of the
date of enactment of this Act, CBP shall brief the Committees
on its efforts to implement the requirements of the Lacey Act
amendments of 2008, related to international deforestation
and combatting the illegal trade of wildlife and timber
products.
Fee Shortfall.--Funds provided in section 542 of this Act
shall be managed by the CBP CFO to address current
operational requirements while carrying over the maximum
amount of funds into fiscal year 2023. The CFO shall brief
the Committees on an obligation plan for these funds not
later than 30 days after the date of enactment of this Act.
Honey Import Testing.--CBP is directed to provide a report,
within 180 days and in collaboration with the FDA, on:
(1) the number of imported honey shipments tested for
country of origin (COO) fraud and adulteration;
(2) the number of shipments that testing suggested involved
COO fraud or adulteration; (3) the technologies employed in
carrying out those tests; and
(4) an ongoing strategy for CBP to detect and combat COO
fraud.
Land Ports of Entry (LPOE).--In addition to direction in
the House Report concerning the LPOE Infrastructure Capital
Plan, special consideration shall also be given to facilities
for which reconfiguration or upgrades would improve the flow
of local traffic and allow residents to move more freely in
their own communities.
CBP is directed to provide a briefing to the Committees
within 90 days of the date of enactment of this Act on the
actions it is taking to address the recommendations in the
July 2019 GAO report, ``Border Infrastructure: Actions Needed
to Improve Information on Facilities and Capital Planning at
Land Border Crossings'' and any recent or planned changes to
the planning process. CBP and GSA are directed to consider
growth in trade value, growth in in-bound commercial traffic,
and CBP operational needs in its development of the capital
investment plan.
Within 90 days of the date of enactment of this Act, CBP
shall provide a detailed plan for the completion of the Blue
Water Bridge Plaza expansion project. The plan shall align
with the annual LPOE priority list; describe how CBP will
engage with state and local entities; and specify specific
milestones and a timeline for the project's completion.
Medical Guidance.--CBP is directed to continue complying
with direction in the explanatory statement accompanying the
fiscal year 2021 Act concerning short term detention and
medical care.
Maritime Ports of Entry.--Within the funds provided for
O&S, CBP shall ensure that staffing at new and expanded
maritime POEs is sufficient to meet peak passenger wait time
goals.
Mission Support Contracting.--CBP is directed to apply
advanced analytics and machine learning tools to identify
cost saving opportunities for Enterprise Services contracts.
National Vetting Center Strategic Plan and Investment
Priorities.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall provide a
strategic plan for the DHS National Vetting Center that is
collocated with the CBP National Targeting Center. The plan
shall include the mission; strategic goals and objectives;
and program metrics, to include metrics that directly address
how changes in funding impact the security and efficiency of
the vetting activities. The plan shall be used to inform
management decisions, including strategic guidance,
operational requirements, budget formulation, annual
performance and reporting, and mission execution.
Additionally, the plan shall address the following:
(1) Privacy and civil rights oversight structure and
protections;
(2) Governance process;
(3) The number of full-time equivalents and full-time
positions, to include vetting support agencies (VSA) and
adjudicating agencies;
(4) Direct and indirect funding, to include VSA's and
adjudicating agencies, for the prior year, current year,
budget year, and across the Future Years Homeland Security
Program;
(5) Identification of data sets to be included by fiscal
year and associated costs for implementation; and
(6) Current threat actors, capabilities, VSA's and
adjudicating agencies with the potential growth areas for
each, to include an estimate of the cost of implementation
for each growth area and the required FTE/FTP.
Further, future budget requests for the National Vetting
Center shall include projections that quantify the impact
funding requested is likely to have on the Federal
government's ability to enhance security. The strategic plan
shall be provided in classified and unclassified formats.
Non-Mission Duties.--CBP shall provide the following
information on non-mission duties, not later than 30 days
after the date of enactment of this Act:
(1) the total number of Border Patrol agents or CBP
officers carrying out non-mission duties, broken out by type
detail or adjutant position, location and organization;
(2) the specific funding sources associated with non-
mission duties;
[[Page H2400]]
(3) the rationale for CBP personnel to perform non-mission
duties and the duration they are expected to perform those
duties;
(4) a detailed description of all required training for
Border Patrol agents and CBP officers in order to carry out
the non-mission duties; and
(5) the identification of any impacts to CBP's mission due
to agents and officers carrying out non-mission duties.
Northern Border Strategy Implementation Plan.--Within 90
days of the date of enactment of this Act and quarterly
thereafter, CBP shall brief the Committees on the status of
the Northern Border Strategy Implementation Plan, including
progress in achieving the fiscal year 2020 milestones, the
status of the fiscal year 2021 milestones, and detailed
explanations for why any unmet milestones have not yet been
achieved. The fiscal year 2023 and 2024 budget requests shall
detail specific northern border staffing and technology
requirements and request specific funding for implementation
of planned northern border enforcement initiatives identified
in the analysis.
CBP shall provide a notification to the Committees within
15 days of deploying more than 10 percent of staffing in any
sector along the northern border to the southwest border or
other POEs, which shall include the number and location of
the personnel deployed, the duration of the deployment, and
when the personnel are expected to return to their posts.
Northern Border LPOEs.--CBP shall examine ways to increase
awareness and enrollment in the NEXUS program, including
through special enrollment events and the deployment of
signage in collaboration with state transportation agencies.
CBP is directed to consider projected LPOE volume when
developing the 5-year plan for port modernization projects.
Office of Professional Responsibility (OPR).--The agreement
provides $74,300,000, as requested, to increase OPR's
investigative capabilities through an increase in criminal
investigators, support staff, and associated facilities.
These funds are made available for two years to appropriately
recruit and pace hiring. OPR is encouraged to prioritize
ensuring CBP can meet hiring targets for agents and officers.
Not later than 90 days after the date of enactment of this
Act, CBP shall brief the Committees on a funding execution
plan that includes a detailed hiring strategy, including a
geographic breakout, and the anticipated priority focus areas
for such funding.
Office of International Affairs.--In collaboration with the
Department of State, DHS is directed to brief the Committees
within 60 days of the date of enactment of this Act on
recommendations for expanding social and behavior change
communication advertising in El Salvador, Guatemala, and
Honduras on the dangers of irregular migration to the United
States and educating residents of those countries about legal
migration pathways.
Polygraphs.--In lieu of direction in the House Report on
polygraph waivers, CBP shall submit a report to the
Committees on the effectiveness of polygraph tests within 120
days of the date of enactment of this Act. The report shall
include data comparing CBP's failure rates to those of other
federal law enforcement agencies; a list of admissions
elicited during polygraph tests since CBP implemented a
mandatory polygraph test requirement; and details regarding
the total and annualized number of such admissions and types
of admissions. In addition, CBP shall continue to administer
the Law Enforcement Pre-Employment Test, the standard pre-
employment screening polygraph examination used by multiple
federal law enforcement agencies, to all applicants.
POE Staffing.--CBP is directed to ensure that officers are
appropriately deployed to large hub international airports
and seaports in noncontiguous border states and provide
staffing for new and expanded aviation POEs to meet the
demand of arriving passenger volumes based on data provided
by airports and airlines and incorporated into the Workload
Staffing Model. In addition, CBP is directed to address
staffing shortages at LPOEs that have experienced significant
growth in trade volume and inbound commercial trucks in the
last 5 years and to consider increased staffing at northern
border LPOEs to expedite cross-border tourist and commercial
traffic.
Preclearance.--Preclearance fees shall be used in a
targeted, risk-based fashion and for the prioritized
expansion of preclearance operations outlined in the
Department's Beyond the Border Action Plan between the United
States and Canada for land, maritime, rail, and air POEs.
Prevent Abduction Program.--CBP is directed to continue
reporting on the Prevent Abduction Program, as directed in
the explanatory statement accompanying the fiscal year 2021
Act.
Processing Coordinators.--Within 30 days of the date of
enactment of this Act and quarterly thereafter, CBP shall
brief on the status of hiring processing coordinators funded
within this and previous appropriations Acts. The briefing
shall also identify the extent to which how processing
coordinator hiring has improved the average time law
enforcement personnel spend in the field; measures the agency
is using to assess the costs and benefits of this position;
and a summary of all required training and certifications for
the coordinator position. Future funding requests for these
coordinators shall be accompanied with measures clearly
detailing the operational impact of additional investments.
Reimbursable Services Program.--CBP is directed to provide
each port operator with information on baseline service
levels and report to the Committees quarterly on CBP's
adherence to these baseline service levels.
Specialty Units.--Within 180 days of the date of enactment
of this Act, CBP shall report on the unmet resource
requirements of specialty units, including horse units and
off-road vehicle units, within each sector along the U.S.-
Mexico border.
Trade.--The agreement provides an additional $20,000,000
for trade activities. Not later than 30 days after the date
of enactment of this Act, CBP shall provide an obligation
plan for the additional funds.
Within 180 days of the date of enactment of this Act, CBP
shall brief the Committees on recommendations for how
innovative capabilities, including blockchain-based
platforms, could improve the facilitation of trade between
the United States and Central and South American countries,
including potential opportunities for partnership with non-
profit and private partners and with Central and South
American customs agencies.
Trade Remedy Enforcement.--CBP is reminded that House
Report 116-458 required a review of whether duties on
importers of recycled, scrap, and primary aluminum exempt
from the Section 232 tariff are being properly assessed,
along with whether assessed tariffs have been remitted to the
government. While CBP does not have oversight or visibility
into the relationship between importers and their downstream
business partners, CBP is expected to focus its analysis on
the assessment of duties on imports and associated
remittances.
Transshipments.--CBP is directed to continue its efforts to
modify targeting criteria and make other improvements in its
ability to identify transshipped products.
Uyghur Forced Labor Prevention Act.--The agreement provides
$27,495,000 for the implementation of the Uyghur Forced Labor
Prevention Act, which was enacted in December 2021. Not later
than 30 days after the date of enactment of this Act, CBP
shall provide an obligation plan for these funds and an
implementation schedule for activities associated with the
Act, to include resource and personnel requirements, over the
next two fiscal years.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Within the total, the bill includes the following increases
above the request: $201,885,000 for border security
technology; $20,000,000 for Border Patrol processing
improvements; $55,000,000 for non-intrusive inspection (NII)
systems; $21,618,000 for one multi-role enforcement aircraft;
$8,800,000 for light enforcement helicopters; and $21,200,000
for the Advanced Training Center (ATC). The bill includes a
decrease of $685,000,000 for funding associated with LPOE
that have previously been funded.
Border Patrol Technology.--The bill provides not less than
the following for USBP technology: $20,000,000 for innovative
technology, of which not more than $5,000,000 may be
available for any single innovative technology project;
$4,215,000 for counter unmanned aircraft systems (UAS);
$8,750,000 for small UAS; $26,000,000 for situational
awareness kits; and $5,000,000 for a common operating picture
pilot.
The remaining funds shall only be available for cross
border tunnel threats, aerostats, autonomous surveillance,
geospatial capabilities, mobile surveillance, search and
rescue capabilities, and mesh networks. The Commissioner is
directed to prioritize procurement of the most cost-effective
technologies based on lifecycle costs, system availability,
reduced requirements for personnel, and input from sector
leadership.
CBP shall provide a briefing to the Committees on a plan
for the obligation of these funds at least 15 days prior to
any obligation. The plan shall require the direct approval of
the CBP Commissioner and include:
(1) details about the process for prioritizing the use of
funds;
(2) a summary of planned obligations for fiscal year 2022
delineated by technology type;
(3) metrics that will be used to assess the cost
effectiveness of each type of technology for which funds will
be obligated and a plan for collecting the data required for
such metrics; and
(4) for continuing procurements, operational effectiveness
data that supports continued investment, including evidence
of support from sector leadership based on actual use of the
technology.
CBP shall notify the Committees at least 15 days prior to
the obligation of any funds based on a change to the initial
obligation plan.
Border Patrol Technology.--Within 180 days of the date of
enactment of this Act, CBP shall brief the Committees on its
efforts to improve border security technology development and
acquisition based on the analysis required by Public Law 116-
260.
100 Percent Scanning.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
the Committees an updated 5-year plan for achieving the
capability to assess 100 percent of commercial and passenger
vehicles and freight rail traffic entering the United States
at land- and seaports of entry using high-throughput scanning
technologies or threat-based alternatives. This plan shall
include the following: an inventory of existing NII equipment
or similar technologies currently in
[[Page H2401]]
use or scheduled to be deployed, by location; benchmarks for
achieving 100 percent scanning; benchmarks for the
procurement and deployment of scanning equipment; and cost
estimates to achieve 100 percent scanning or an appropriate
alternative, with acquisition timelines.
Within 120 days of the date of enactment of this Act, CBP
shall provide a briefing on the status of NII coverage in
pre-primary lanes along the southwest border, including an
assessment of how increased pre-primary screening will impact
the number of alarms and secondary inspections and the
related workloads of other federal agencies.
Innovative Technology.--CBP shall brief the Committees
within 90 days of the date of enactment of this Act and
quarterly thereafter on: pilot or demonstration projects that
have transitioned to normal operations over the last three
fiscal years; the impact of such transitions on performance;
an assessment of common indicators for successful and
unsuccessful pilots; and recommendations to incentivize CBP
programs to participate in testing and adopting promising new
capabilities.
Revenue Modernization.--Within 120 days of the date of
enactment of this Act, CBP shall provide the Committees an
update on POEs that have transitioned from manual field
collections to automated electronic systems, along with the
cost of such transitions.
U.S. Immigration and Customs Enforcement
OPERATIONS AND SUPPORT
The agreement provides $266,740,000 above the request,
which includes the following adjustments: $99,735,000 for
Homeland Security Investigations (HSI); $109,358,000 for
Enforcement and Removal Operations (ERO); and $57,647,000 for
mission support and Office of the Principal Legal Advisor
activities. The agreement also provides net-zero technical
adjustments requested by ICE in technical drafting
assistance. Further, the agreement provides $239,658,000 in
Title V for border management costs, including processing
capacity, medical costs, personnel overtime, and
transportation, but does not include additional funding for
detention.
Within the total amount provided, the agreement makes
$46,696,000 available until September 30, 2023, of which
$32,996,000 is for the authorized Title III activities and
$13,700,000 is for the Visa Security Program.
Annual Enforcement and Removal Operations (ERO) and
Homeland Security Investigations (HSI) Reports.--ICE is
directed to continue issuing the annual ICE Fiscal Year ERO
and HSI reports, by no later than the December following the
end of the fiscal year, and to include at minimum the
categories of data included in the fiscal year 2020 reports,
to the extent that such categories of data have not been
amended by subsequent policy decisions.
Continuation of Prior-Year Requirements.--ICE shall
continue to follow the directives under the following
headings in the explanatory statement accompanying the fiscal
year 2021 Act (Public Law 116-260), according to the
previously directed timeframes, reporting requirements,
required sustainment, and guidance:
(1) Detention Standards;
(2) Reporting Requirements;
(3) Healthcare Costs for Immigrants in Detention;
(4) Law Enforcement Support Center;
(5) Sex Offender Release Notifications;
(6) Kiosks for Non-Detained Appearances;
(7) Detention Facility Inspections;
(8) HERO Child-Rescue Corp Program;
(9) Child Exploitation Investigations Unit;
(10) Counter-Proliferation Investigations Center;
(11) International Megan's Law;
(12) Opioid Investigations;
(13) Access to Due Process;
(14) Immigration Enforcement at Sensitive Locations;
(15) Forced Child Labor;
(16) Intellectual Property Rights Enforcement;
(17) Records Management;
(18) Tactical Intelligence Center; and
(19) Human Rights Violators.
Facilities Backlog and Use.--ICE is directed to brief,
within 60 days of the date of enactment of this Act, on its
plan for completing facility condition assessments, as well
as quarterly update briefings to the plan. Further, ICE is
directed to incorporate facility condition assessments into
its outyear requests, including its Congressional Budget
Justifications, for deferred maintenance funding. Within 60
days of the date of enactment of this Act, ICE is directed to
provide an operational and resourcing plan briefing for the
future of its facilities which shall demonstrate how it has
incorporated its facility condition assessments into its
outyear requests, including Congressional Budget
Justifications, for deferred maintenance funding.
GAO Review of ICE Financial Management.--GAO is directed to
report to the Committees on the results of a comprehensive
audit and review of ICE's financial management practices,
including outyear planning; current year financial planning
that ensures compliance with congressional funding levels;
and oversight of the execution of funds. GAO shall consult
with the Committees regularly throughout the audit.
Further, given the ongoing challenges surrounding financial
and budgetary management across ICE, the agreement does not
set forth a mandate on the placement of the Office of the
Chief Financial Officer (OCFO) but rather directs GAO to
review the OCFO's placement within ICE's organization
structure, as well as the responsibilities and qualifications
required of ICE's Chief Financial Officer.
The agreement directs the Comptroller General to brief the
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 the
time of the preliminary briefing.
Immigration Data.--ICE is directed to continue to collect
data on enforcement activities both along the borders and in
the interior of the United States for the purposes of
improving operational transparency and resource allocation
decisions.
Monthly Budget and Staffing Briefings.--In addition to the
requirement set forth in section 102 of this Act, ICE shall
provide the Committees monthly budget and staffing briefings
beginning not later than 30 days after the date of enactment
of this Act. The briefings shall include any source of
funding available to ICE for obligation; align projected and
executed budgetary obligations and on-board staffing data to
program areas within each PPA; and shall delineate pay from
non-pay obligations. Prior to the first briefing, ICE shall
provide the Committees a proposed list of program areas to be
tracked within each PPA, which shall at a minimum include all
congressional priorities referenced in this Act and those of
the last three fiscal years, including the accompanying
explanatory statements for each Act.
The first briefing shall include:
(1) planned monthly obligations and staffing onboard
projections for the fiscal year against which execution data
will be compared in subsequent briefings, along with any
changes to the plan;
(2) a consultation with the Committees on a plan and format
for future monthly briefings;
(3) a description of how any limitations that ICE's
existing financial and staffing systems of record present
challenges in complying with requirements under this heading,
such as the monitoring of obligations and onboard staff at
the program level; and
(4) ICE's plan to address the limitations described in (3),
including resource requirements to do so.
Obtaining Information From, or Records of, Members of the
News Media.--ICE shall develop a policy that elevates
decisions about whether to issue subpoenas to members of the
news media, to the most appropriate senior ICE official, such
as the ICE Director. Further, ICE shall ensure that the
appropriate personnel are aware of such policy through the
appropriate training as ICE determines. Within 90 days of the
date of enactment of this Act, ICE shall provide a copy of
the policy to the Committees and brief on its contents and
the associated training, or the plan to carry out the
necessary training as ICE determines.
Workload Staffing Model.--Not later than 90 days after the
date of enactment of this Act, ICE shall brief the Committees
on its Workload Staffing Model, to include how it supports
the formulation of budget requests and is used in the
development and implementation of ICE's Operational Plan,
specifically the hiring aspect.
Homeland Security Investigations
Enhancing and Modernizing HSI's Capabilities.--The
agreement provides a total increase of $99,735,000 above the
request, including:
(1) $35,235,000 to restore proposed reductions intended to
achieve undefined efficiencies;
(2) $10,000,000 to begin increasing HSI's investigative
capacity to respond to projected increases in workload
associated with the planned expansion of CBP's non-intrusive
inspection detection technology (NII) along the southwest
border;
(3) $2,200,000 to expand and enhance HSI's undercover
activities, to include modernizing its certified undercover
financial processes, systems, and other requirements;
(4) $8,600,000 to accelerate development of capabilities
for the Repository for Analytics in a Virtualized Environment
(RAVEn), which serves as HSI's curation point for data
analytics and tools that improve and streamline investigative
processes and capabilities;
(5) $2,000,000 for the Center for Countering Human
Trafficking;
(6) $6,000,000 to increase data analysis staffing to
support each Special Agent in Charge office's area of
responsibility;
(7) $8,400,000 to increase HSI's cyber investigations,
including the enhancement of covert computer networks, Dark
Web platforms, undercover platforms, and the Network
Intrusion Program;
(8) $16,300,000 to develop a cyber threat platform, update
hardware and software for computer forensics, and provide
targeted child exploitation investigations training;
(9) $6,500,000 to fund the training, equipment, travel,
software, and analysts necessary to address the increase in
child exploitation leads and investigations and increased
victim assistance requirements, for a total amount of not
less than $27,500,000 for Child Exploitation Investigation
activities; and
(10) $4,500,000 for the training, equipping, and hiring of
Human Exploitation Rescue Operative (HERO) Child-Rescue Corps
program graduates.
Human Rights Violators.--ICE is directed to continue its
efforts to investigate, remove,
[[Page H2402]]
and prosecute individuals who have committed human rights
abuses, including persecution, genocide, severe violations of
religious freedom, torture, extrajudicial killing, use or
recruitment of child soldiers, crimes against humanity, or
war crimes. For this purpose, the agreement provides not less
than $5,300,000 for the Office of the Principal Legal Advisor
Human Rights Law Section and the HSI Human Rights Violators
and War Crimes Unit for their training, transportation, and
other related activities. ICE shall report to the Committees
within 180 days of the date of enactment of this Act on the
following:
(1) the total number of prosecutions and investigations of
human rights offenses and other offenses committed and their
outcomes, delineated by serious human rights violators within
each of the last five fiscal years;
(2) the efforts of ICE to increase the number of human
rights investigations and prosecutions; and
(3) any organizational, resource, or legal impediment to
investigating and prosecuting more human rights violators,
including whether the amount provided in this agreement is
sufficient to support the Unit.
Wildlife Trafficking.--ICE shall continue its work in
partnership with the U.S. Fish and Wildlife Service and CBP
to improve cooperative efforts to better address wildlife
trafficking. Further, ICE is directed to continue to produce
the report identified in Public Law 116--125. The report
shall include options for making this information available
in a routine and public manner annually. Within 90 days of
the date of enactment of this Act, ICE shall brief the
Committees on budgetary and staffing resource needs for ICE's
wildlife trafficking investigative work. The briefing shall
also include historical funding levels and case hours
dedicated to this effort covering fiscal years 2019 through
2021.
Enforcement and Removal Operations
The agreement provides the following increases above the
request for ERO:
(1) $77,985,000 to restore a proposed reduction for single
adult detention capacity;
(2) $28,373,000 to restore proposed reductions intended to
achieve undefined efficiencies; and
(3) $3,000,000 to fund an independent verification and
validation of ICE's current juvenile Age-Out Review
Worksheet.
287(g) Program.--ICE is directed to publish applications
for new or renewed 287(g) agreements on its website at least
eight weeks prior to entering into any such agreement. In
addition, ICE shall ensure thorough vetting of 287(g)
applicants to minimize detention conditions that do not fully
comply with Performance-Based National Detention Standards
and Prison Rape Elimination Act standards.
ICE, OIG, and CRCL are directed to provide rigorous
oversight of the 287(g) program, and ICE is directed to
notify the Committees 15 days prior to implementing any
changes to the program, including any changes to training
requirements, data collection, selection criteria, or the
jurisdictions with which ICE has agreements, including both
entering into new contracts or the termination of existing
contracts. ICE is also directed to report to the Committees
on the effectiveness and accuracy of prior efforts to
publicly disclose personally identifiable information about
noncitizens encountered through the 287(g) program within 60
days of the date of enactment of this Act.
If the Office for Civil Rights and Civil Liberties (CRCL)
or ICE's Office of Professional Responsibility (OPR)
determines that a participating 287(g) jurisdiction has a
pattern or practice of civil rights or liberties violations
of individuals who were subsequently the subject of
immigration enforcement activity delegated under the 287(g)
authority, the Secretary shall require CRCL to conduct a
review of the use of this program in that jurisdiction which
shall include recommendations regarding ICE's furtherance of
any such agreement with that jurisdiction. Not later than 120
days after the date of enactment of this Act, and quarterly
thereafter, CRCL and OPR shall brief the Committees on any
such determinations, reviews, and recommendations, as well as
the status of any previous activity.
Addressing Prior Removals Committed in Error.--ICE, USCIS,
and other DHS agencies shall leverage all mechanisms provided
by current law to facilitate the return to the United States
of those whose removal was contrary to law, whose removal
order has since been overturned or reopened by judicial
order, where the return of an individual would correct an
error or assist in an ongoing criminal or any other federal,
state, tribal, or territorial investigation. Such mechanisms
should include the use of parole, the support of a
respondent's motion to reopen, and stipulation to relief from
removal. Efforts shall be taken to ensure that the individual
is restored to prior lawful status, to the greatest extent
possible, or the ability to adjust to lawful status. Not
later than 60 days after the date of enactment of this Act,
ICE shall brief the Committee on its efforts to comply with
these directives.
Alternatives to Detention (ATD) and Case Management
Services (CMS).--The agreement provides an increase of
$2,186,000 above the request, for a total of $442,662,000 for
the ATD PPA to fund increases in: enrollments into the ATD
program; case management services and participation;
transportation and information technology costs for ICE
personnel travelling to shelters in support of remote
processing and enrollments; and other incidental costs
associated with operations at shelters.
ICE shall continue to brief the Committees on any ATD
contracts it awards under this program, including contracts
involving the Know Your Rights program for new participants.
Within 60 days of the date of enactment of this Act, ICE
shall begin providing a monthly briefing on the number of
noncitizens participating in the ATD program, by technology
type, cost by technology type, as well as the number of
participants who attend a portion of or all of their
immigration court hearings. ICE shall also continue to
publish annually the following policies and data relating to
ATD:
(1) guidance for referral, placement, escalation, and de-
escalation decisions;
(2) enrollment by Field Office;
(3) information on the length of enrollment broken down by
type of ATD; and
(4) a breakdown of enrollment by type and point of
apprehension.
ATD Referrals.--ICE shall consider enrollment referrals
from NGOs and community partners that are actively
implementing ICE's ATD programs that utilize case management.
ICE shall establish, with the consultation of relevant NGO
and local community partners, at ICE's discretion, criteria
for such referrals, guidelines for submission, and criteria
for how ICE will consider any such referrals for enrollment
in ATD programs. ICE shall submit a report to the Committees
on progress regarding these guidelines within 60 days of the
date of enactment of this Act and quarterly thereafter until
the guidelines are finalized. ICE shall submit an annual
report on the number of NGO referrals that are submitted and
the number of such referrals accepted into ATD programs that
utilize case management programs.
Custody Operations.--The agreement sustains fiscal year
2021 detention capacity levels. Within 90 days of the date of
enactment of this Act, ICE shall brief the Committees on a
projected cost to secure an Independent Verification and
Validation (IV&V) of a detention capacity funding
requirements model to be used for resource planning for the
current year, budget year, and out-years. Among the elements
of the model to be reviewed, such IV&V shall include: the
accuracy of projected average daily population levels and
utilization rates of funded detention capacity; whether the
model clearly accounts for policy and environmental changes;
and whether the model is informed by projected border
encounters.
ICE shall also continue the policy of fully reimbursing the
costs and expenses associated with agreements entered into
with other entities, including Federal and State agencies,
and contractors or non-governmental organizations (NGOs) that
work with ICE.
Detention and Solitary Confinement of Vulnerable/Special
Populations.--Within 15 days of the date of enactment of this
Act and quarterly thereafter, ICE shall report on a publicly
available website the number of individuals in vulnerable or
special populations in its physical custody for the preceding
quarter. At a minimum, the report shall include:
(1) a definition for vulnerable and special populations;
(2) the number of consecutive and cumulative days such
individuals were in detention or involuntary segregation,
through isolation, solitary confinement, or protective
custody;
(3) the basis for any use of involuntary segregation; and
(4) the process for and frequency of re-evaluating custody
decisions.
Within 90 days of the date of enactment of this Act, ICE
shall brief the Committees on the state of compliance with
the principles and standards of all ICE guidance related to
vulnerable populations, along with any necessary actions
needed to remediate deficiencies. The briefing should address
the number of facilities that are in compliance with such
guidance; their location; the number of available beds for
vulnerable or special populations; whether those beds are in
a form of involuntary segregation; and whether such
facilities need additional resources to ensure the health and
safety of such persons in their care and custody.
Electronic Nationality Verification (ENV) Program.--ICE is
directed to make any ENV agreements between the United States
and other countries as publicly available as possible, and at
a minimum, shall publicly disclose which countries have
agreements in place under the ENV program, or any successor
or related program. In addition to the above disclosures,
within 90 days of the date of enactment of this Act, and
annually thereafter, ICE shall ensure that basic information
about the ENV program is publicly available, including:
(1) the number of persons removed through the ENV process
in a fiscal year;
(2) whether such persons were encountered in the interior
or at or near the southern border; the age, nationality and
gender of the individuals removed, including whether they
were a part of a family unit; and
(3) the time spent in the physical custody of the Federal
Government pursuant to the ENV program.
Humanitarian Visas.--ICE is directed to brief the
Committees, not later than 30 days after the date of
enactment of this Act, on its detention and removal policies
and guidelines for individuals with a demonstrated bona fide
or prima facie eligibility for a T-
[[Page H2403]]
Visa (victim of trafficking), a U-Visa (victim of crime), or
for protection under the Violence Against Women Act (VAWA).
ICE Removal and Detention of U.S. Citizens.--ICE is
directed to provide a semi-annual report to the Committees
detailing the number of individuals, by field office, who are
detained by ICE for removal from the United States but are
subsequently determined to be U.S. citizens, along with the
average and median lengths of stay in detention for such
individuals. The report should also describe ICE's process
for adjudicating claims of U.S. citizenship by individuals it
arrests for removal from the United States; major impediments
to more quickly resolving such claims; and ICE's efforts to
mitigate those impediments. The first report is due within 90
days of the date of enactment of this Act and shall include
semiannual data for fiscal years 2019, 2020, 2021, and the
first half of 2022.
PPA Structure.--ICE shall submit, either as a part of the
President's budget request for fiscal year 2023 or as
supplemental briefing not later than 30 days after the date
of submission of such request, an assessment of the
accurateness and appropriateness of its current PPA structure
and shall include a recommendation to address any confusion,
gaps, or overlaps, and to ensure it accurately reflects the
full set of responsibilities and authorities explicitly and
implicitly required by law.
Pregnant, Postpartum, and Lactating Women.--ICE is directed
to provide semiannual reports on the total number of
pregnant, postpartum, and lactating women in ICE custody,
including detailed justification of the circumstances
warranting each such detainee's continued detention and the
length of detention. These anonymized reports shall be made
publicly available on the ICE website.
Reporting on Criminality and Enforcement Priorities.--ICE
shall provide monthly briefings on detention and removal
actions by category delineated in the guidance memorandum,
``Guidelines for the Enforcement of Civil Immigration Law'',
dated September 30, 2021, or any subsequent policy that
modifies or replaces it. Both data sets shall differentiate
individuals detained or removed as a result of interior
enforcement efforts versus those from CBP border security
operations.
Training.--ICE shall continue to provide its officers with
guidance and training for engaging with victims and witnesses
of crime and to strengthen policy guidance on enforcement
actions in or near sensitive locations, including
courthouses, in order to minimize any effect that immigration
enforcement may have on the willingness and ability of
victims and witnesses to pursue justice. ICE shall also
continue to provide a report to the Committees on steps taken
to minimize the effect immigration enforcement activity has
on victims and witnesses of crime not later than 180 days
after the date of enactment of this Act. ICE shall also
continue to provide monthly notifications to the Committees
on enforcement actions that take place in or near sensitive
locations, including courthouses, and placements for
unaccompanied children.
Transportation.--The Transportation and Removal Program
provides the safe and secure transportation of noncitizens
who are subject to final orders of removal or require
transfer within the United States, which may ultimately
include transportation to the noncitizen's final destination
if ICE determines in its discretion that such transportation
is necessary.
Unaccompanied Children Transferred from ORR.--Not later
than 30 days after the date of enactment of this Act and
quarterly thereafter, ICE shall brief the Committees on its
compliance with Garcia Ramirez, Et Al. v. ICE, Et Al. (No. CV
18-508 (RC)). At a minimum, the briefing shall include a
review of how ICE has complied with the statutory obligation
in Section 1232(c)(2)(B) of title 8, United States Code,
requiring ICE to first consider placing the minor in the
least restricting setting available, efforts to retrain
officers, revise policies with respect to custody
determinations for this population, and document custody
decisions as the court and statute require. ICE shall
continue to provide a report to the Committees with the
number of UC who turned 18 in ORR custody and were then
transferred to ICE detention, including a breakdown by ICE
area of responsibility and the UC's most recent type of ORR
placement, the reason for detention, and whether ORR provided
a post-18 plan, within 30 days and monthly thereafter.
Validation of Age-Out Review Worksheet for Minors.--Within
180 days of the date of enactment of this Act, ICE shall
ensure that an independent third party conducts an
Independent Verification and Validation (IV&V) review on the
Age-Out Review Worksheet that informs custody and release
decision-making for youth. ICE shall brief the Committees on
the results and recommendations from that review.
Mission Support
The agreement provides $10,000,000 above the request to
restore proposed reductions intended to achieve undefined
efficiencies and $1,215,000 above the request to realign
funding from the Office of the Principal Legal Advisor PPA to
reflect the use of those funds more accurately.
The agreement breaks out Mission Support PPA funding into
three new sub-PPAs: Enterprise Services; Office of
Professional Responsibility; and Executive Leadership and
Oversight; this approach is consistent with the Mission
Support PPA structure for CBP. The Executive Leadership and
Oversight PPA includes funding for the following offices: the
Director, including the Deputy Director and the Chief of
Staff; the Executive Secretary; Congressional Relations;
Diversity and Civil Rights; Firearms and Tactical Programs;
Partnership and Engagement; Regulatory Affairs and Policy;
and Public Affairs.
Body Worn Cameras.--The agreement provides $8,485,000 above
the request for the Office of the Chief Information Officer,
in collaboration with other agency stakeholders, to
accelerate the pilot program and to ensure the pilot is
appropriately scoped.
Data Modernization Roadmap.--The agreement provides
$6,000,000 above the request to the Office of the Chief
Information Officer to improve the use of data to better
inform ICE's planning, budgeting, and operations.
Fleet.--The agreement provides $25,000,000 above the
request for the ICE fleet replacement program to improve the
safety of ICE officers and agents.
Office of Detention Oversight (ODO).--The agreement
provides $2,500,000 above the request to support additional,
unannounced inspections; to review compliance with each
detention standard not less than once every three years at
each facility; to expand ODO's oversight to facilities that
detain individuals for 72-hours or less; and to conduct
reviews and inspections of any special or emerging facilities
and programs.
Victims Engagement Services Line.--ICE shall brief the
Committees within 60 days of the date of enactment of this
Act on the Victims Engagement Services Line. This briefing
should, at a minimum, include how ICE has built upon lessons
learned from the Victims of Immigration Crime Engagement
(VOICE) Program, if applicable, and incorporate any such
evidence-based practices developed from the prior VOICE
Program, to serve the needs of crime victims and their
families.
Office of the Principal Legal Advisor
The agreement provides $345,661,000 for the Office of the
Principal Legal Advisor, including $5,662,000 above the
request to restore a proposed reduction intended to achieve
undefined efficiencies and $1,215,000 below the request to
realign funding to the Mission Support, Enterprise Services
PPA to reflect the use of those funds more accurately.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $51,700,000, as requested, including
$5,479,000 for a new Technological Operations building at the
Antilles HSI facility in San Juan, Puerto Rico.
Transportation Security Administration
OPERATIONS AND SUPPORT
The agreement includes $3,594,000 below the budget request,
including: $4,000,000 for additional pipeline cybersecurity
activities and $18,650,000 for low probability of false alarm
(Low Pfa) algorithm screening. The agreement does not provide
$22,344,000 as requested for credential authentication
technology (CAT) in Operations and Support as those funds are
provided in Procurement Construction and Improvements. The
agreement does not provide $3,900,000 in Operations and
Support that is included in Procurement Construction and
Improvements as requested by TSA in technical assistance. The
agreement also provides net zero technical adjustments
requested by TSA in technical assistance.
Canine Teams.--TSA shall brief the Committees within 90
days of the date of enactment of this Act on efforts to
improve the effectiveness of these passenger screening canine
teams.
Federal Air Marshal Service (FAMS).--TSA is directed to
continue to submit semiannual reports on FAMS mission
coverage, staffing levels, and hiring rates.
International Parental Child Abduction.--The agreement
requires TSA to work with the Office of Children's Issues
within the U.S. Department of State to explore existing TSO
training opportunities to ensure that relevant staff are
trained to recognize the signs of, and prevent international
parental child abduction. TSA shall brief the Committees
within 90 days of the date of enactment of this Act on the
current training TSA employees undergo to recognize and
prevent international parental child abduction.
Low Probability of False Alarm (Low Pfa) Algorithm
Screening.--The agreement provides $18,650,000 for Low Pfa.
Within 30 days of the date of enactment of this Act, TSA is
directed to brief the Committees on a plan for spending these
funds.
Passenger Volume Growth.--TSA is directed to include
comprehensive information on passenger volume forecasts in
its future budget requests.
Pipeline Cybersecurity.--The agreement provides an
additional $4,000,000 for pipeline cybersecurity activities.
Within 30 days of the date of enactment of this Act, TSA is
directed to brief the Committees on a plan for spending these
funds.
Real-Time Wait Time.--Within 60 days of the date of
enactment of this Act, TSA is directed to provide a briefing
on the implementation of requirements on real-time security
check-point wait times, as outlined in Section 1922 of the
FAA Reauthorization Act (Public Law 115-254). This briefing
shall detail costs for implementing a pilot program for real-
time security checkpoint wait times at an appropriate
sampling of TSA category airports.
Screening Workforce Pay Strategy.--TSA is directed to
provide the Committees a quarterly report on pay reform
efforts and the
[[Page H2404]]
subsequent effect on TSO retention levels. Additionally, TSA
shall provide a report to the Committees within 180 days of
the date of enactment of this Act detailing the number of
TSOs hired and corresponding retention levels since fiscal
year 2016, delineated by fiscal year. As part of this report,
TSA shall include a plan for continuous and sustained human
capital investment that also incorporates the impact of new
technologies and equipment that bring more capabilities to
the workforce.
Staffing and Workload Report.--Within 90 days of the date
of enactment of this Act and monthly thereafter, TSA shall
provide to the Committees a report on staffing levels by
major personnel categories along with the travel volumes
during the same time period. The report shall display the
following for each personnel category: onboard and FTE levels
at the end of the previous fiscal year; positions and FTE
levels funded through enacted appropriations for the current
fiscal year; and onboard positions and FTE at the end of the
month being reported. Additionally, the report shall include
key TSA performance measures, such as travel volumes and wait
times at checkpoints, as well as incorporate deployment of
new equipment to identify how changes in personnel and assets
impact TSA's operational capabilities. Within 30 days of
enactment of this Act, TSA shall consult with the Committees
on the format and presentation of the report prior to the
first submission.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $26,244,000 above the request,
including $22,344,000 that was requested in Operations and
Support for credential authentication technology (CAT)
systems and $3,900,000 in base O&S funding that is being
realigned to this account.
Credential Authentication Technology (CAT).--Within 90 days
of the date of enactment of this Act, TSA shall provide a
report to the Committees detailing airports at which CAT is
currently deployed, airports at which CAT is not currently
deployed, and a plan for the full procurement and deployment
of CAT systems at all of the Nation's airports.
Open Architecture.--TSA shall brief the Committees with an
update on the development of an established open architecture
framework, including well defined requirements and standards,
within 120 days of the date of enactment of this Act.
Qualified Product List.--The Qualified Product List (QPL)
requirements have the potential to become an impediment to
the timely acquisition of Transportation Security Equipment
(TSE). Within 30 days of the date of enactment, TSA shall
brief the Committees on the scope of products covered by QPL,
TSE technical requirements development, average time to
successfully navigate the process, impacts to competitiveness
and small business opportunities as well as TSE innovation.
Additionally, the briefing should include suggested
recommendations to improve the process, including how to
foster a more timely, agile, and collaborative process for
the testing, development and deployment of security screening
technology.
Quarterly Briefings.--TSA is directed to continue to
provide quarterly briefings on its investment plans for
checkpoint security and Explosives Detection Systems (EDS)
refurbishment, procurement, and installation on an airport-
by-airport basis. The agreement continues the previous
directive for TSA to brief the Committees on its updated
timeline and allocation plan for these funds within 60 days
of the date of enactment of this Act. The briefing shall
include a plan for how TSA will address the remaining balance
of reimbursement claims in future budget requests.
Touchless Screening.--Within 90 days of the date of
enactment of this Act, TSA shall provide a report to the
Committees detailing options to enhance Transportation
Security Equipment capabilities to limit interactions that
are not conducive to a touchless screening environment
without adversely impacting the core security mission.
RESEARCH AND DEVELOPMENT
The agreement provides $35,532,000 as requested.
Innovation Task Force (ITF).--TSA is directed to provide
the Committees a briefing within 90 days of the date of
enactment of this Act on how the funds provided will inform
future TSA budget requests.
Coast Guard
OPERATIONS AND SUPPORT
The agreement provides an increase of $141,350,000 above
the request, including increases of: $20,000,000 for tuition
assistance parity; $7,150,000 for recruiting and supporting a
diverse workforce; $5,500,000 for an accession
competitiveness pilot program; $6,000,000 for cyber
compliance upgrades to training center simulators and
trainers; $2,800,000 to modernize Ready Learning and
recapitalize training aids; $4,000,000 to meet increased
demand for the child care subsidy; $4,000,000 for the Coast
Guard's highest priority environmental remediation projects;
$11,900,000 for cyber readiness; $3,500,000 for the Great
Lakes Icebreaking Program Office; $6,000,000 to continue the
Fishing Safety Training Grants and Fishing Safety Research
Grants programs; $550,000 to carry out a National Academy
study on liquefied natural gas; $12,000,000 for MH-60T cutter
deployability; $5,000,000 for the National Coast Guard
Museum; $10,000,000 to recapitalize operational safety and
detection equipment; $30,050,000 for operational command and
control and domain awareness; $4,000,000 for surface short
range communications modernization; and $8,900,000 for Rescue
21 modernization. It includes $70,000 above the request for
the Military Personnel PPA and accepts the requested changes
to the other PPAs for the revised station closure plan.
Department of Defense (DOD) Cybersecurity Requirements.--
The Coast Guard shall brief the Committees within 120 days
after the date of enactment of this Act on its compliance
with DOD information network requirements.
Eradicating Inappropriate Behavior.--Within 90 days of the
date of enactment of this Act, the Coast Guard shall provide
a briefing to the Committees regarding all efforts to reduce
and address harassment and inappropriate behavior within the
Service, including an overview of planned efforts for future
implementation.
Illegal, Unreported, and Unregulated (IUU) Fishing.--The
Coast Guard is directed to submit an international IUU
fishing strategy, as outlined in House Report 117-87. This
strategy should be submitted in unclassified form but may
include a classified annex.
Quality of Life.--The agreement directs the Coast Guard to
provide a briefing within 90 days of the date of enactment of
this Act on a plan to address Quality of Life (QOL) issues
within the Service, including their effects on mission
readiness and retention, and potential QOL projects to
address these issues.
Unfunded Priorities List (UPL).--The Coast Guard is
directed to provide a list of approved but unfunded Coast
Guard priorities and the funding needs for each priority to
the Committees at the time of the fiscal year 2023 budget
request submission.
Procurement, Construction, and Improvements
The agreement provides an increase of $391,000,000 above
the request, including the following: $130,000,000 for the
construction of up to two Fast Response Cutters and
associated class-wide activities; $128,000,000 for the HC-
130J aircraft program; $98,000,000 to recapitalize MH-60T
aircraft with new hulls; and two information technology
systems on the Coast Guard's UPL: $20,000,000 for Coast Guard
management system recapitalization and $9,000,000 for Vessel
Traffic System and Command and Control modernization.
The agreement includes a reduction to the request of
$90,000,000 associated with procurement delays for the Polar
Security Cutter (PSC).
The agreement includes a total of $199,650,000 for Major
Construction; Housing; Aids to Navigation; and Survey and
Design. This amount includes making available $7,000,000 in
additional receipts that were deposited into the Fund prior
to fiscal year 2021. It also assumes $4,000,000 derived from
the Coast Guard Housing Fund will be available for Coast
Guard housing projects.
The agreement provides $150,000,000 for Major Acquisition
Systems Infrastructure, including $75,000,000 to support the
Offshore Patrol Cutter (OPC) homeport facility improvements
described on the UPL.
Command and Control, Communications, Computer, Cyber, and
Intelligence (C5I) Systems.--The agreement includes the
resources requested to maintain program management activities
and deliver operational and mission support capabilities for
C5I systems. Fiscal year 2022 funding shall focus on
MILSATCOM recapitalization of shore units, recapitalization
of the Maritime Security Risk Analysis Model application, and
beginning the transition to a network infrastructure that
supports operations in a secure mobile environment.
Domestic Content.--To the maximum extent practicable, the
Coast Guard is directed to utilize components that are
manufactured in the United States when contracting for new
vessels, including: auxiliary equipment, such as pumps for
shipboard services; propulsion equipment including engines,
reduction gears, and propellers; shipboard cranes; and
spreaders for shipboard cranes.
Fleet Mix Analysis.--The Coast Guard shall provide to the
Committees within 180 days of the date of enactment of this
Act, a comprehensive analysis that provides a fleet mix
sufficient to carry out the assigned missions of the Coast
Guard and other emerging mission requirements. The Coast
Guard shall brief the Committees within 60 days of the date
of enactment of this Act on its plans to carry out this
requirement.
Full-Funding Policy.--The Coast Guard shall be exempted
from the current acquisition policy that requires the Coast
Guard to attain the total acquisition cost for a vessel,
including long lead time materials (LLTM), production costs,
and postproduction costs, before a production contract can be
awarded, consistent with congressional direction in prior
years.
National Security Cutter (NSC) Program.--The agreement
provides $99,000,000, which is $21,000,000 above the request,
for the NSC program. This funding will support Post Delivery
Activities to missionize and operationalize NSCs 10 and 11.
The $21,000,000 is funded in the bill as a rescission and re-
appropriation of prior-year funds. The agreement does not
include the proposed rescission of $65,000,000 appropriated
in fiscal year 2020.
Offshore Patrol Cutter (OPC).--The agreement includes the
requested amount of $597,000,000 for the construction of the
fourth OPC and LLTM for the fifth OPC.
[[Page H2405]]
Polar Security Cutter (PSC).--The agreement includes
$80,000,000 for PSC activities, including $30,000,000 for a
portion of the requested LLTM for a third PSC and $50,000,000
for PSC program management activities.
Quarterly Acquisition Briefing.--The Coast Guard shall
continue to brief the Committees quarterly on all major
acquisitions. In particular, the Committees remain concerned
about the cost and schedule of the OPC and PSC programs and
the briefing should include additional detailed information
on the progress of these programs. In addition, the Coast
Guard shall brief the Committees at least one week prior to
taking procurement actions significantly impacting costs
associated with the OPC or the PSC.
United States Secret Service
OPERATIONS AND SUPPORT
The agreement includes the following: $17,000,000 for
increased travel expenses; $6,000,000 for overtime pay;
$5,770,000 to continue and expand training in computer
forensics by the National Computer Forensics Institute
(NCFI); $4,001,000 for permanent change of station;
$2,500,000 for payroll; $2,400,000 for Zero Trust
Architecture; $1,500,000 for Internet Protocol version 6
Transition; and $800,000 for international operations.
Within the total amount provided, the bill makes
$53,321,000 available until September 30, 2023, including
$1,000,000 for an updated study of the White House Training
Facility; $1,700,000 for international operations;
$12,880,000 for the James J. Rowley Training Center;
$15,241,000 for Operational Mission Support; $18,000,000 for
protective travel; and $4,500,000 for National Special
Security Events (NSSE).
NSSE Designation Process.--USSS is directed to provide a
report to the Committees, not later than 180 days after the
date of enactment of this Act, which provides the full
process for NSSE designation, including how formally or
informally events are recommended for designation, pre,
during, and post-event preparations and planning, and shall
include a recommendation as to whether the NSSE designations
process should be updated to facilitate additional avenues of
formal NSSE designation.
Next Generation Presidential Limousine.--The agreement
directs USSS to provide the Committees with annual updates
within 30 days of the budget request on the contract progress
for the Next Generation Presidential Limousine acquisition
and to detail progress toward agreed upon delivery
milestones. This briefing shall include an update on
currently fielded end-of-life platforms and prospective
platforms that better take advantage of advances in
automotive technology and new security architectures, as well
as any lessons learned that can be incorporated into the
Fully-Armored Vehicle program.
Purchased and Leased Vehicles.--The agreement incorporates
the recommended legislative change to the bill by striking
the text ``for replacement only''. The agreement directs USSS
to suggest updated legislative language for the fiscal year
2023 budget submission that accurately captures the purchased
and leased vehicle fleet programs.
Presidential Campaigns and NSSE.--The agreement directs
USSS to provide semiannual briefings to the Committees on the
use of these funds, with the first briefing to occur not
later than 180 days after the date of enactment of this Act.
Report on Open Source Threats to USSS Protectees Prior to
January 6th.--Within 90 days of the date of enactment of this
Act, USSS shall submit a report to the Committees that
examines the efforts to identify open source threats against
any protectees in the lead up to the events of January 6,
2021. The report shall include an evaluation of the lessons
learned in light of the attack on the U.S. Capitol, summarize
all open source and classified Intelligence Community sourced
threats towards any protectee, include specific details
identifying when USSS discovered such open-source threats
against any protectee, and provide USSS response to such
threats, including whether the protectee, or any other member
of the Executive Branch, was made aware of such threats prior
to January 6, 2021. The report shall clearly delineate the
timeline for each item above. The report shall also provide
detailed recommendations for any resource needs identified
for the Open Source Branch and provide a detailed
justification for such requests.
Cyber Fraud Task Forces.--Not later than 120 days after the
date of enactment of this Act, the agreement directs USSS to
provide a briefing on the efforts of its Cyber Fraud Task
Forces, including the current state of the program and any
future needs to ensure these task forces are keeping up with
evolving cyberthreats.
First Amendment Training.--Within 90 days of the date of
enactment of this Act, USSS shall provide a briefing to the
Committees on any current First Amendment training personnel
currently receive, whether such training has substantially
changed over the course of the last five years, and the
current status of any such Civil Disobedience Units,
including personnel and other capabilities.
NCFI.--The agreement provides $5,700,000 above the budget
request for accreditation and workforce professionalization.
NCFI shall design and develop a cluster of courses focused on
incident response and network security. Of the total amount
provided, $1,500,000 is included for a pilot program to
maximize and evaluate effective instruction at NCFI. The
agreement directs USSS to provide a report not later than 180
days after the date of enactment of this Act on the use of
those funds to meet previously unmet needs, including any
additional efficiencies achieved in preparing for and
assessing the training of students.
Strategic Human Capital Plan.--The agreement directs USSS,
in coordination with the Department's Chief Human Capital
Officer, to ensure the annual evaluation of the 5-year plan
in order to meet all benchmarks and goals as identified. This
briefing shall be updated annually within 60 days of the
submission of the President's annual budget request.
TITLE II--ADMINISTRATIVE PROVISIONS
Section 201. The agreement continues a provision regarding
overtime compensation.
Section 202. The agreement continues a provision allowing
CBP to sustain or increase operations in Puerto Rico and the
U.S. Virgin Islands with appropriated funds.
Section 203. The agreement continues a provision regarding
the availability of passenger fees collected from certain
countries.
Section 204. The agreement continues a provision allowing
CBP access to certain reimbursements for preclearance
activities.
Section 205. The agreement continues a provision regarding
the importation of prescription drugs from Canada.
Section 206. The agreement continues a provision regarding
the waiver of certain navigation and vessel-inspection laws.
Section 207. The agreement continues a provision preventing
the establishment of new border crossing fees at LPOEs.
Section 208. The agreement continues a provision requiring
the Secretary to submit an expenditure plan for funds made
available under ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements''.
Section 209. The agreement continues and modifies a
provision providing amounts for certain activities within the
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' appropriation.
Section 210. The agreement continues a provision
prohibiting the construction of border security barriers in
specified areas.
Section 211. The agreement continues a provision on vetting
operations at existing locations.
Section 212. The agreement includes a provision that amends
the Homeland Security Act concerning rescue beacons.
Section 213. The agreement includes a provision that
provides additional funding for Border Patrol hiring.
Section 214. The agreement continues a provision
prohibiting the use of funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' to continue a delegation of authority under the
287(g) program if the terms of an agreement governing such
delegation have been materially violated.
Section 215. The agreement continues a provision
prohibiting the use of funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' to contract with a facility for detention services
if the facility receives less than ``adequate'' ratings in
two consecutive performance evaluations and requires that
such evaluations be conducted by the ICE Office of
Professional Responsibility.
Section 216. The agreement continues a provision allowing
the Secretary to reprogram funds within and transfer funds to
``U.S. Immigration and Customs Enforcement--Operations and
Support'' to ensure the detention of noncitizens prioritized
for removal.
Section 217. The agreement continues a provision that
requires ICE to provide statistics about its detention
population.
Section 218. By reference, the agreement continues
provisions related to information sharing and on reporting
under the 287(g) program.
Section 219. The agreement continues a provision clarifying
that certain elected and appointed officials are not exempt
from federal passenger and baggage screening.
Section 220. The agreement continues a provision directing
TSA to deploy explosives detection systems based on risk and
other factors.
Section 221. The agreement continues a provision
authorizing TSA to use funds from the Aviation Security
Capital Fund for the procurement and installation of
explosives detection systems or for other purposes authorized
by law.
Section 222. The agreement continues a provision requiring
TSA to provide a report that includes the Capital Investment
Plan, the five-year technology investment plan, and
information on Advanced Integrated Passenger Screening
Technologies.
Section 223. The agreement continues a provision
prohibiting funds made available by this Act under the
heading ``Coast Guard--Operations and Support'' for
recreational vessel expenses, except to the extent fees are
collected from owners of yachts and credited to this
appropriation.
Section 224. The agreement continues and modifies a
provision under the heading ``Coast Guard--Operations and
Support'' allowing up to $10,000,000 to be reprogrammed to or
from Military Personnel and between the Field Operations
funding subcategories.
Section 225. The agreement continues a provision requiring
the Commandant of the Coast Guard to submit a future-years
capital investment plan.
[[Page H2406]]
Section 226. The agreement modifies a provision related to
the reallocation of funds for certain overseas activities.
Section 227. The agreement continues a provision
prohibiting funds to reduce the staff or mission at the Coast
Guard's legacy Operations Systems Center.
Section 228. The agreement continues a provision
prohibiting the use of funds to conduct a competition for
activities related to the Coast Guard National Vessel
Documentation Center.
Section 229. The agreement continues a provision allowing
the use of funds to alter, but not reduce, operations within
the Civil Engineering program of the Coast Guard.
Section 230. The agreement continues a provision allowing
for use of the Coast Guard Housing Fund.
Section 231. The agreement includes a new provision related
to towing vessel fees.
Section 232. The agreement includes a new provision
providing additional funding to ``Coast Guard--Procurement,
Construction, and Improvements'' for a grant for the National
Coast Guard Museum.
Section 233. The agreement continues a provision allowing
the Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 234. The agreement continues a provision
prohibiting the use of funds by the Secret Service to protect
the head of a federal agency other than the Secretary of
Homeland Security, except when the Director has entered into
a reimbursable agreement for such protection services.
Section 235. The agreement continues a provision allowing
the reprogramming of funds within ``United States Secret
Service--Operations and Support''.
Section 236. The agreement continues a provision allowing
funds made available within ``United States Secret Service--
Operations and Support'' to be available for travel of
employees on protective missions without regard to the
limitations on such expenditures.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity And Infrastructure Security Agency
OPERATIONS AND SUPPORT
The agreement includes a net increase of $301,007,000 above
the budget request. This includes net increases above the
request of $156,375,000 for Cybersecurity; $27,637,000 for
Infrastructure Security; $21,600,000 for Emergency
Communications; $17,100,000 for Integrated Operations;
$42,200,000 for Risk Management Operations; $18,968,000 for
Stakeholder Engagement and Requirements; and $17,127,000 for
Mission Support, which are described in more detail below.
The agreement also provides net-zero technical adjustments
requested by CISA in technical assistance.
Of the total amount provided for this account, $36,293,000
is available until September 30, 2023, for the National
Infrastructure Simulation Analysis Center.
Cyber Response and Recovery Fund (CRRF).--The
Infrastructure Investment and Jobs Act, 2021 (IIJA), (Public
Law 117-58) appropriated $100,000,000 for the CRRF, of which
$20,000,000 is available for fiscal year 2022, the same as
the amount requested in the President's fiscal year 2022
budget request. Accordingly, the agreement does not provide
additional funding to CRRF. Further, the briefing required in
House Report 117-87 has already been provided and is
therefore no longer required. The agreement directs CISA to
provide a plan for the CRRF within 180 days of the date of
enactment of this Act. The plan shall include: how CISA will
determine--using clear metrics--when CRRF support will be
provided by taking into consideration private sector post-
incident resources, and if such support will be reimbursable,
non-reimbursable, cost-sharing, or provided as a grant; what
steps recipients of CRRF support are required to take for
known prevention measures to qualify; what incentives, if
any, will be provided to encourage recipients to take such
steps; and CISA's ability to quantitatively identify a
private sector recipient's ability to repay such assistance
before offering such support. Further, the plan shall include
a projection of future years' costs and a discussion of the
categorization of any future funding for the Fund (e.g.,
defense, non-defense, disaster, emergency).
Quarterly Budget and Staffing Briefings.--In addition to
the requirement set forth in section 102 of this Act, CISA
shall provide the Committees quarterly budget and staffing
briefings beginning not later than 45 days after the date of
enactment of this Act and not later than 30 days after the
close of each quarter thereafter. The briefings shall include
any source of funding available to CISA for obligation; shall
align projected and executed budgetary obligations and on-
board staffing data to program areas within each PPA; shall
delineate pay from non-pay obligations; and shall include a
transmission of the data and information in a downloadable,
searchable, and sortable spreadsheet format for the
Committees' analysis.
The first briefing shall include:
(1) planned monthly obligations and staffing onboard
projections for the fiscal year against which execution data
will be compared in subsequent briefings, along with any
changes to the plan;
(2) a consultation with the Committees on a plan and format
for future quarterly briefings;
(3) a description of any limitations that CISA's financial
and staffing systems of record present towards complying with
requirements under this heading, such as the monitoring of
obligations and onboard staff at the program level; and
(4) CISA's plans to address the limitations described in
(3).
Prior to the first briefing, CISA shall provide the
Committees a proposed list of program areas to be tracked
within each PPA, which shall include at a minimum any program
for which enhancements are funded that were requested in the
President's budget request and any congressional priorities
referenced in this statement.
Cybersecurity
Capabilities to Nullify Cyber Attacks.--Not later than 180
days after the date of enactment of this Act, CISA shall
engage with private sector providers, universities, and
Department of Defense entities to identify existing software
solutions for nullifying cybersecurity attacks before they
have the opportunity to infect systems and cause damage. Not
later than 210 days after the date of enactment of this Act,
CISA shall brief the Committees on the results of these
engagements and the feasibility of using such programs to
support CISA missions.
Cyber Threat Intelligence Shared Service Offering.--The
agreement provides $2,500,000 above the request to create a
new shared cyber threat intelligence service offering through
CISA's Cybersecurity Shared Services Office (CSSO) to ensure
efficient and effective use of cyber threat intelligence
resources across the Federal Civilian Executive Branch
(FCEB). Within 180 days of the date of enactment of this Act,
CISA shall brief the Committees on a strategy to develop and
execute a cyber threat intelligence shared service offering
for FCEB Agencies.
Cybersecurity Education.--The agreement provides
$11,800,000 above the request to enhance cybersecurity
education, training, and other related programs to address
the national shortfall of cybersecurity professionals,
including activities funded through the use of grants or
cooperative agreements. Of the increase provided, $5,000,000
is to expand the Federal Cyber Reskilling Academy and other
related cyber training initiatives, and $6,800,000 is for the
Cybersecurity Education and Training Assistance Program. CISA
shall provide a briefing to the Committees within 120 days of
the date of enactment of this Act, on its interagency efforts
with OMB, the Office of the National Cyber Director (ONCD),
and other relevant agencies to determine the best Federal
agency or department to champion and support individual
cybersecurity training and future growth of education
programs. The briefing shall also outline CISA's approach for
addressing those requirements in future budget requests or
potential legislative proposals.
Cybersecurity Shared Services Office (CSSO).--CISA shall
provide a briefing to the Committees within 120 days of the
date of enactment of this Act on how the current CSSO's
marketplace services, including the Protective DNS Service,
the CISA Vulnerability Disclosure Policy Platform service,
the Security Operations Centers as a Service, and any
services in development such as mobile security services and
cyber threat intelligence services, address the most critical
risks to the FCEB networks. CISA is further directed to
explore and provide analysis on leveraging these CISA
cybersecurity shared services to expand the monitoring for
exfiltration of FCEB networks to known command and control
nodes and to update the Committees on postures and exposures
on an ongoing basis. Within the briefing, CISA shall also
propose options to enable advanced, contextual tipping and
queuing under CISA's cybersecurity shared service offerings
as well as deliver enriched cyber threat intelligence data
for Federal, State, and commercial partners.
CyberSentry.--The agreement provides $95,549,000 above the
request for CyberSentry and other efforts focused on
voluntary threat detection by critical infrastructure
operators through the placement of sensors at the boundary
between operational technology and information technology
systems. Of the total increase, $13,364,000 is for operations
and support to establish a program management office in
support of increasing CyberSentry operations, and $82,185,000
is for procurement, construction, and improvements for the
planning, operational development, engineering,
infrastructure, and purchase of critical software and
hardware necessary to increase CyberSentry capability and
instantiation of the program. Specifically, this funding will
be used to purchase and deploy sensors to cover additional
critical infrastructure sectors and develop analytic tools to
advance analysis of data collected across critical
infrastructure CyberSentry partners.
Evaluating Federal Cybersecurity Planning and Strategy.--In
order to better determine the federal government's progress
towards defending its networks, systems, information, and
assets from cyber-attacks, not later than 60 days after the
date of enactment of this Act, OMB and CISA shall brief the
Committees on the following:
(1) current Federal Information Security Management Act
(FISMA) Chief Information Officer (CIO) metrics and Federal
department and agency progress in achieving compliance with
FISMA cybersecurity goals and requirements;
(2) specific metrics that have been collected over at least
a two-year timespan to identify trends and determine
department and agency yearly compliance with FISMA;
[[Page H2407]]
(3) department and agency utilization of services and
capability-specific investments made by CISA associated with
the Continuous Diagnostics Mitigation and National
Cybersecurity Protection System programs, or any successor
programs, to include budget year and outyear planned
capability deployment schedules and lifecycle management
plans;
(4) assessment of how OMB and the National Cyber Director
are ensuring that individual departments and agencies are
prioritizing cybersecurity investments in the President's
annual budget requests; and
(5) the extent to which OMB, departments, and agencies use
FISMA for the budget planning described in paragraph (4) and
whether the federal government requires additional assessment
and planning tools to help defend the FCEB's cyber
infrastructure against evolving and dynamic cybersecurity
threats.
This briefing shall be updated annually within 60 days of
the submission of the President's annual budget request.
Executive Order on Improving the Nation's Cybersecurity.--
The agreement provides $1,850,000 above the request for CISA
to manage the directives lifecycle and fulfill its
responsibilities related to strategic recovery, Executive
Order 14028 (Improving the Nation's Cybersecurity), and other
relevant directives and orders.
Federal Network Resilience.--The agreement provides
$65,000,000 above the request for attack surface management
and national vulnerability incident response. Not later than
90 days after the date of enactment of this Act, CISA shall
brief the Committees on its existing attack surface
management capabilities and its plan to enhance the
visibility of department and agency network activity and
vulnerabilities with state-of-the-art technologies, including
assessments of both government-developed technologies and
commercially available solutions.
Implementing Endpoint Threat Detection.--Within 180 days of
the date of enactment of this Act, DHS shall provide a
briefing to the Committees on the Department's response to
the requirement in Executive Order 14028 (Improving the
Nation's Cybersecurity), to implement a centrally located
Endpoint Detection and Response initiative. The briefing
shall include: details on how funding for the program should
be sustained over the coming years; details on how solutions
for the requirement can leverage best-in-class, commercial,
off-the-shelf (COTS) technologies and cloud architectures;
and how the EDR requirement is being integrated with adjacent
CISA cybersecurity functions, such as Threat Hunting, core
endpoint security requirements (e.g., Next Generation Anti-
virus), Patch Management, and Incident Response.
Joint Cyber Defense Collaborative (JCDC).--The agreement
provides $16,153,000 above the request for the JCDC to: hire
personnel; reimburse the cost of personnel detailed to the
JCDC from other federal agencies; fund equipment necessary
for JCDC's planning and operational activities; and support
cyber defense collaboration among federal, SLTT, and private
sector partners through the development of a common operating
picture. In coordination with the Cyber Safety Review Board
called for by Executive Order 14028 (Improving the Nation's
Cybersecurity), the funding is also intended to establish a
robust analytic capability for examining current plans and
prior cyber incidents for lessons learned and best practices
that can inform future cyber defense plans.
Mitigating Malicious Bot Attacks.--Within 120 days of the
date of enactment of this Act, CISA shall brief the
Committees on the extent to which there have been distributed
denial of service (DDoS) attacks, including those that may
use bots. The brief shall propose guidance-aligned options
and estimated resources required to better secure systems and
websites to prevent such attacks and help potential victims,
including SLTT governments.
Multi-State Information Sharing and Analysis Center (MS-
ISAC).--The agreement provides not less than $38,000,000, an
increase of $10,986,000 above the request to sustain and
expand the program's capabilities and expertise, to include
SLTT election security support via the Election
Infrastructure Information Sharing and Analysis Center; mis-
and disinformation mitigation capabilities; endpoint
detection and response; malicious domain activity blocking
and reporting; expansion of the MS-ISAC cyber incident
response team and its capabilities; a National Prevention
Pilot to provide an unclassified Unified Threat Management
service for election and SLTT partners; and improving threat
intelligence and data retention and storage capabilities. In
lieu of the briefing required in House Report 117-87, CISA
shall include budget and staffing plans for the MS-ISAC
within the Quarterly Budget and Staffing Briefings described
above.
National Cybersecurity Protection System (NCPS).--DHS is
directed to provide a briefing to the Committees within 210
days of the date of enactment of this Act that details the
investment milestones to integrate the full range of
cybersecurity data sets collected across CISA investment
programs, to include vulnerability management and incident
response data sets into the analytic infrastructure and
framework of the restructured NCPS program.
Ransomware.--Within 180 days of the date of enactment of
this Act, CISA shall brief the Committees on the factors that
left the United States vulnerable to any ransomware attack on
critical infrastructure over the last two years and CISA's
efforts to raise awareness of the threat of ransomware and
activities to reduce the impact of ransomware attacks.
Strengthening Federal Networks.--The agreement provides
$700,000 above the request to implement section 1705 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) to assist
federal agencies with post-incident containment, eradication,
and recovery activities.
Threat Hunting.--The agreement provides $24,000,000 above
the request to increase cyber defensive operations in support
of federal civilian agencies and non-federal networks,
including SLTT governments and other critical infrastructure
operators. This additional funding is also intended to
bolster CISA's capacity to quickly issue proactive guidance
based on intelligence and learned behaviors after the
positive identification of a compromise. Within 180 days of
the date of enactment of this Act, CISA shall provide a
briefing to the Committees on the total threat hunting
services and incident response engagements it provided in
fiscal year 2021, to include the services offered and level
of engagement required for each.
Vulnerability Management Infrastructure.--The agreement
provides $10,022,000 above the request for the underlying
infrastructure that enables better identification, analysis,
and publication of known vulnerabilities and common attack
patterns, including through the National Vulnerability
Database, and to expand the coordinated responsible
disclosure of vulnerabilities.
Infrastructure Security
Bombing Prevention.--The agreement provides $7,526,000
above the request to expand efforts to address the
proliferation and use of Improvised Explosive Devices, to
continue the Train-the-Trainer program, and to continue the
services provided through the Bomb-making Materials Awareness
program. In lieu of the plan required in House Report 117-87,
CISA shall include budget and staffing plans for the Office
of Bombing Prevention within the Quarterly Budget and
Staffing Briefings described above.
JCDC Exercises.--In furtherance of section 1715 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283), the agreement
provides $2,244,000 above the request to support JCDC-
organized cyber defense exercises that improve public and
private sector awareness of JCDC planning guidance and
playbooks and improve operational coordination to protect,
detect, respond to, and recover from cybersecurity risks or
incidents. Such exercises also provide a venue for increasing
the collective understanding of adversary threats to critical
infrastructure and other national targets of interest, along
with the vulnerability of such infrastructure and the
potential consequences of disrupting it.
National Cyber Exercises.--In furtherance of section 1744
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
the agreement provides $3,367,000 above the request for the
planning and execution of national cyber exercises. These
exercises shall involve the executive branch, State
governments, the private sector, and international partners,
and shall include Congress as observers.
Public Gathering Security.--The agreement provides
$8,000,000 above the request to continue CISA's efforts to
improve public gathering security by building the security
capacity at public gathering locations.
Emergency Communications
First Responder Emergency Medical Communications.--The
agreement provides $4,000,000 above the request for CISA to
administer and expand competitive grants for SLTT merit-based
demonstration projects and technical assistance offerings
that aid in the implementation of the National Emergency
Communications Plan through innovative approaches to
interoperable emergency medical communications in rural areas
to enhance public safety communications.
National Emergency Communications Plan.--The agreement
provides $2,000,000 above the request to complete an update
of the National Emergency Communications Plan to incorporate
evolving technologies and update threat prevention methods.
Within 180 days of the date of enactment of this Act, CISA
shall provide the Committees an estimated timeline for the
completion of the update.
Next Generation Networks-Priority Service (NGN-PS).--The
agreement provides $47,600,000 above the budget request
amount to accelerate the development and deployment of NGN-PS
Phase 2 technologies and services. Of this amount, $4,600,000
is provided in Operations and Support funding and $43,000,000
is provided in Procurement, Construction, and Improvements
funding.
Resilient Next Generation 911 (NG911) Ecosystem.--The
agreement provides $20,000,000 above the request to design
initiatives and to begin to deliver a resilient 911 Ecosystem
in discrete and usable segments and should ensure small-scale
NG911 systems align with NIST cybersecurity standards while
preserving the ability to work with all forms of data, video,
and information services. Of this amount, $6,000,000 is
provided in Operations and Support funding and $14,000,000 is
provided in Procurement, Construction, and Improvements
funding. CISA shall work with the Federal Communications
Commission, the National Highway Traffic Safety
Administration, and the National Telecommunications
Information Administration to lay
[[Page H2408]]
the groundwork for an incremental program that will be guided
by recommendations from the National NG911 Roadmap.
Technical Assistance to SLTT Emergency Communications
Partners.--The agreement provides $5,000,000 above the
request for technical assistance to SLTT emergency
communications partners.
Integrated Operations
Security Advisors (SA).--The agreement provides $17,100,000
above the request to increase the number of SAs and other
regional staff needed to help support CISA's regional
operations in the 10 CISA regions and within the Federal
Bureau of Investigation's Field Office Cyber Task Forces.
Risk Management Operations
Continuity of the Economy.--The agreement provides $200,000
above the request for the development of a Continuity of the
Economy Plan, as required by section 9603 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283).
National Critical Functions (NCFs) Analytic Capability.--
The agreement provides $15,000,000 above the request to
develop a long-term analytic capability that can evaluate
evolving strategic risks to NCFs from the potential
compromises of critical infrastructure over a 5- to 25-year
timespan. Of this increase, $2,000,000 is to build upon prior
investments in models and to develop a long-term analytic
capability that can evaluate evolving strategic risks to NCFs
and $3,000,000 is to continue prior investments in models and
develop long-term analytic capability that can evaluate
evolving strategic risks to NCFs.
Stakeholder Engagement and Requirements
Cyber Safety Review Board (CSRB).--In support of Executive
Order 14028 (Improving the Nation's Cybersecurity), the
agreement provides $2,893,000 above the request to establish
the CSRB. In lieu of the briefing required in House Report
117-87, CISA shall include budget and staffing plans for the
CSRB within the Quarterly Budget and Staffing Briefings
described above.
Cybersecurity Advisory Committee.--The agreement provides
$1,450,000 above the request to support the establishment of
the Cybersecurity Advisory Committee, pursuant to section
1718 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
Enhanced Awareness Campaigns.--The agreement provides
$4,125,000 above the request to expand and evolve existing
outreach and awareness efforts that increase the public's
understanding of critical infrastructure issues, risks, and
threats, and to drive meaningful, demonstrable change in
safety and security behaviors.
Sector Risk Management Agencies.--The agreement provides
$39,000,000 above the request for activities carried out in
furtherance of the authorities and added requirements
established by section 9002 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) for the management of the eight
sectors for which CISA is the Sector Risk Management Agency.
Of this amount, $6,500,000 is provided in infrastructure
security; $22,000,000 is provided in risk management
operations; and $10,500,000 is provided in stakeholder
engagements and requirements.
SLTT Cyber Grants Management.--The agreement provides
$4,000,000, as requested, for CISA to provide subject matter
expertise on cyber and infrastructure security matters as
FEMA implements SLTT preparedness grant programs, such as the
State Homeland Security Grant Program and Urban Area Security
Initiative. CISA is directed to continue supporting FEMA by
providing guidance to SLTT entities to define and manage
cyber risk. Further, CISA and FEMA are directed to jointly
review the bi-yearly Nationwide Cybersecurity Review and
brief the Committees within 180 days of the date of enactment
of this Act on how such review can be more actively used
among the components.
Mission Support
Mission Support Requirements.--The agreement rejects the
proposed $2,177,000 reduction intended to achieve undefined
administrative efficiencies. In addition, the agreement
provides $850,000 above the request to accelerate the
development and implementation of policies and procedures
necessary for CISA to assume responsibility for personnel
security and suitability vetting of potential CISA personnel
and contracted personnel, and $6,600,000 above the request to
establish a procurement office and for additional mission
support.
Strategic Plan.--The agreement provides $7,500,000 above
the request for Strategy, Policy, and Plans to develop a
long-term strategic implementation plan by component. The
plan should be developed annually in coordination with a
federally Funded Research and Development Center or other
partnership and should include a comprehensive view of the
overall CISA mission, how individual offices within CISA
contribute to that mission, and a vision for how CISA can
improve upon its current posture to execute its mission,
including staffing requirements and a comprehensive 5-year
hiring plan. Within 90 days of the date of enactment of this
Act, CISA shall provide the Committees a briefing outlining
the projected milestones and timeline for developing the
plan.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Cybersecurity
Continuous Diagnostics and Mitigation (CDM).--The agreement
provides $32,334,000 above the request for enterprise
mobility management investments to continue development and
deployment of management and security tools to address the
mobile device landscape across the Federal Civilian Executive
Branch agencies.
National Cybersecurity Protection System.--The agreement
provides $1,000,000 above the request to enhance the
protection of Federal networks and expand CISA's ability to
coordinate and execute defense against nation-state threats
and critical vulnerabilities.
RESEARCH AND DEVELOPMENT
Infrastructure Security
Public Gathering Security.--The agreement provides
$3,000,000 above the request for CISA to collaborate with the
Army's Engineer Research Development Center and other
identified national labs and universities to demonstrate and
integrate protective technologies to address identified
technological needs and requirements for public gathering
security.
Risk Management
Technology Development and Deployment Program (TDDP).--The
agreement provides $3,500,000 above the request for the TDDP.
Federal Emergency Management Agency
OPERATIONS AND SUPPORT
The agreement provides $13,697,000 above the request,
including $1,000,000 for administration of the Next
Generation Warning System; $7,500,000 for homeland security
preparedness grant evaluations; $11,000,000 for Integrated
and Public Warning System; $2,356,000 for SLTT Continuity
Technical Assistance; $800,000 for Continuity Assessment
Support; $350,000 to administer the Alternatives to Detention
Case Management Pilot grant program in the Preparedness and
Protection PPA; $5,150,000 for disaster supply chain
preparedness in the Response and Recovery PPA; and $1,288,000
for disaster supply chain preparedness in the Mission Support
PPA. The agreement also provides net zero technical
adjustments requested by the Agency in technical assistance.
Building Resilient Infrastructure and Communities (BRIC).--
Within 60 days of the date of enactment of this Act and
quarterly thereafter, FEMA shall brief the Committees on the
status of BRIC implementation, including projected funding
levels. Recognizing the importance of stakeholder input, the
briefing shall include a description of how stakeholder views
are incorporated, including the needs of local governments.
Emergency Management Assistance Compact.--The agreement
provides $2,000,000 in the Response and Recovery PPA for the
Emergency Management Assistance Compact.
FEMA and HUD Coordination Individual Assistance.--Within
180 days of the date of enactment of this Act, FEMA and HUD
shall brief the Committees on the following--data sharing and
integration, staffing and coordination, reducing redundant
data collection from survivors, known challenges and barriers
to data sharing, safeguards to protect survivor privacy and
key lessons from prior efforts.
National Dam Safety Program.--The agreement provides not
less than $9,657,000 in the Mitigation PPA for the National
Dam Safety Program.
National Earthquake Hazards Reduction Program.--The
agreement provides not less than $8,517,0000 in the
Mitigation PPA for the National Earthquake Hazards Reduction
Program.
Next Generation Warning System.--The agreement provides
$1,000,000 for the administration of Next Generation Warning
System as described in House Report 117-87.
Preparedness Grants Evaluations.--The agreement includes
$7,500,000 in O&S for conducting independently verified and
validated evaluations on the effectiveness of preparedness
grants in lieu of a transfer from Federal Assistance, as
proposed in the request for this purpose. FEMA shall brief
the Committees within 45 days of the date of enactment of
this Act on a plan for the use of these funds. The briefing
shall also address current requirements and recommendations
for appropriate privacy and civil liberty safeguards and
reporting on deaths or injuries resulting from equipment
purchased with grant funding. FEMA is also directed to
provide updates on the status of the evaluations to the
Committees within 105 days of the date of enactment of this
Act, and every 60 days thereafter, until such evaluations are
completed. Within 30 days of the completion of such
evaluations, and not later than 270 days after the date of
enactment of this Act, FEMA shall provide a final report on
the results of the evaluations to the Committees.
Urban Area Flooding.--Within 30 days of the completion of
the FY 2020 Urban Area Flooding Pilot, FEMA shall brief the
Committees on the activities and make recommendations, such
as whether a permanent program should be established.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement includes an increase of $21,773,000 above the
request including $3,000,000 for the National Warning System
and $18,773,000 for the realignment of information technology
projects from Operations and Support as requested by the
Agency in technical assistance.
[[Page H2409]]
FEDERAL ASSISTANCE
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes an increase of $330,729,000 above
the budget request, not including funding transferred from
the Office of the Secretary and Executive Management for
targeted violence and terrorism prevention grants and an
Alternatives to Detention case management pilot program. The
amount provided for this appropriation by PPA is as follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Federal Assistance
Grants
State Homeland Security Grant Program................. $594,686,000 $645,000,000
(Operation Stonegarden)............................... - - - (90,000,000)
(Tribal Security Grant)............................... - - - (15,000,000)
(Non-profit Security)................................. - - - (125,000,000)
Urban Area Security Initiative........................ 689,684,000 740,000,000
(Non-profit Security)................................. - - - (125,000,000)
Public Transportation Security Assistance............. 100,000,000 105,000,000
(Amtrak Security)..................................... - - - (10,000,000)
(Over-the-Road Bus Security).......................... - - - (2,000,000)
Port Security Grants.................................. 100,000,000 100,000,000
Assistance to Firefighter Grants...................... 370,000,000 360,000,000
Staffing for Adequate Fire and Emergency Response 370,000,000 360,000,000
(SAFER) Grants.......................................
Emergency Management Performance Grants............... 355,000,000 355,000,000
Flood Hazard Mapping and Risk Analysis Program 275,500,000 275,500,000
(RiskMAP)............................................
Regional Catastrophic Preparedness Grants............. 12,000,000 12,000,000
High Hazard Potential Dams............................ 12,000,000 12,000,000
Emergency Food and Shelter............................ 130,000,000 130,000,000
Next Generation Warning System........................ - - - 40,000,000
Community Project Funding/Congressionally Directed - - - 205,099,000
Spending Grants......................................
-------------------------------------------------
Subtotal, Grants.................................. 3,008,870,000 3,339,599,000
-------------------------------------------------
Education, Training, and Exercises
Center for Domestic Preparedness...................... 67,538,000 67,538,000
Center for Homeland Defense and Security.............. 18,000,000 18,000,000
Emergency Management Institute........................ 22,030,000 22,030,000
U.S. Fire Administration.............................. 53,212,000 53,212,000
National Domestic Preparedness Consortium............. 101,000,000 101,000,000
Continuing Training Grants............................ 12,000,000 12,000,000
National Exercise Program............................. 19,820,000 19,820,000
-------------------------------------------------
Subtotal, Education, Training, and Exercises...... 293,600,000 293,600,000
-------------------------------------------------
Subtotal, Federal Assistance...................... 3,302,470,000 3,633,199,000
Targeted Violence and Terrorism Prevention Grants (by (20,000,000) (20,000,000)
transfer)............................................
Alternatives to Detention Case Management (by (5,000,000) (15,000,000)
transfer)............................................
-------------------------------------------------
Total, Federal Assistance (including transfers)... $3,327,470,000 $3,668,199,000
----------------------------------------------------------------------------------------------------------------
Continuing Training Grants.--The agreement includes
$12,000,000 for Continuing Training Grants, of which not less
than $3,000,000 shall be competitively awarded for FEMA-
certified rural and tribal training; $2,000,000 for FEMA to
partner with the Federal Aviation Administration (FAA)
Unmanned Aircraft Center of Excellence to conduct a regional
training program for SLTT responders in using UAS for
disaster preparedness and response; and $4,000,000 for
activities of the National Cybersecurity Preparedness
Consortium.
Eligible Costs for Preparedness Grants.--In order to ensure
SHSGP and UASI funding remains focused on their intended
purposes, the agreement supports the continuation of existing
policy with respect to making costs associated with the
purchase of weapons, weapons accessories (including
ammunition), and weaponized vehicles ineligible under the
programs.
Emergency Management Training Backlog.--FEMA is directed to
brief the Committees, within 180 days of the date of
enactment of this Act, on the impact COVID-19 has had on its
ability to meet emergency response training demands since the
beginning of the pandemic, including any potential resultant
training backlogs and FEMA's plan to address any such
backlogs.
Flood Mapping.--Within 60 days of the date of enactment of
this Act, FEMA is directed to brief the Committees on its
flood mapping plan for fiscal year 2022.
Funding Considerations.--When awarding grants, the
Administrator shall consider: the needs of cybersecurity
preparedness and planning; state court cybersecurity; 911
call capabilities; alert and warning capabilities;
implementation of the REAL ID Act (Public Law 109-13); and
countering targeted violence and terrorism prevention
programs.
High Hazard Dams.--FEMA is directed to brief the Committees
within 90 days of the date of enactment of this Act, on the
High Hazard Potential Dam Safety program including a plan for
spending the funds provided to the program in this Act and in
Public Law 117-58 as well as the effectiveness, cost-benefits
of the program, and recommendations to make the program more
effective.
National Cybersecurity Preparedness Consortium.--By the end
of fiscal year 2022, the Consortium shall provide the
Committees a comprehensive report on multiyear curricula to
improve cybersecurity preparedness.
Next Generation Warning System.--The Act provides
$40,000,000 for the Next Generation Warning System as part of
the Integrated Public Alert and Warning System as described
in House Report 117-87.
Regional Catastrophic Preparedness Grant Program.--FEMA is
directed to: prioritize funding for efforts which formalize
new or sustain existing working groups for continued
effective coordination; ensure synchronization of plans and
shared best practices; implement citizen and community
preparedness campaigns; and pre-position needed commodities
and equipment. FEMA is further directed to take into account
the needs of both the area at risk of natural and man-made
catastrophes and affected communities.
Transit Security Grant Program (TSGP).--The agreement
provides an increase of $5,000,000 for the TSGP to allow FEMA
to make awards to additional applicants.
United States Fire Administration (USFA).--FEMA is directed
to continue its traditional funding for the congressionally-
mandated National Fallen Firefighters Memorial. Within 30
days of the date of enactment of this Act, the USFA shall
submit to the Committees the status report on its efforts to
collect data on firefighter suicide as required in the fiscal
year 2021 Joint Explanatory Statement.
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DISASTER RELIEF FUND
The agreement provides $500,000,000 below the request, for
a total of $18,799,000,000. The total amount is appropriated
under the budget cap adjustment for major disaster response
and recovery activities. No funds are provided for base DRF
activities due to a significant carryover balance in the base
account that is sufficient for carrying out all projected
fiscal year 2022 activities.
Building Resilient Infrastructure and Communities.--The
Capability and Capacity Building activity in fiscal year 2022
shall be funded at no less than $1,500,000 per State as
defined by section 102(4) of the Stafford Act.
Community Disaster Loans.--The Act allows FEMA to transfer
$3,000,000 from the Disaster Relief Fund to the Disaster
Assistance Direct Loan Program Account for administrative
expenses for the Community Disaster Loan program. Prior the
transfer, in lieu of the briefing required in House Report
117-87, FEMA shall brief the Committees on an expenditure
plan for the transferred funds and on loans fully or
partially cancelled by Public Law 117-43.
Disaster Assistance for Individuals and Households.--Within
120 days of the date of enactment of this Act, FEMA shall
brief the Committees on how the recommendations in GAO-20-503
are being implemented and ensuring that eligible applicants
for Individuals and Households assistance do not face undue
burdens in establishing their eligibility.
Disaster Declaration Process.--FEMA is directed to consult
with states on the policy of considering the estimated cost
of a disaster in relation to the population of the State when
recommending whether to declare a Federal disaster, and brief
the Committees within 270 days of this Act on the results of
the consultation.
Improving Access to BRIC.--Within 90 days of the date of
enactment of this Act, FEMA shall brief the Committees on its
current and planned strategies to help SLTT governments
effectively leverage the BRIC program and how the BRIC
program addresses applicants where code adoption and
enforcement is the responsibility of a different level of
government. The briefing should include an analysis of how
the Agency and the program can better assist SLTT governments
in adopting and implementing building codes that advance
community resilience. The briefing should also include
States' options outside of this program to assist communities
with needed pre-disaster mitigation and other challenges in
addressing pre-disaster mitigation.
Natural Infrastructure Activities.--Within 180 days of the
selection of fiscal year 2020 BRIC projects, FEMA shall
provide the Committees with a report on the number, dollar
amount, and percentage of BRIC applications received to fund
natural infrastructure projects. The report shall be
disaggregated by the applications that were awarded funding
and those that were not, and describe the types of natural
infrastructure activities funded including those that were
for living shorelines projects.
NATIONAL FLOOD INSURANCE FUND
The agreement includes $214,706,000 for the National Flood
Insurance Fund consistent with the budget request.
TITLE III--ADMINISTRATIVE PROVISIONS
Section 301. The agreement continues a provision making
``Cybersecurity and Infrastructure Security Agency--
Operations and Support'' funding available for a
cybersecurity competition established by Executive Order No.
13870.
Section 302. The agreement includes a provision making
``Cybersecurity and Infrastructure Security Agency--
Operations and Support'' funding available for procuring and
providing cybersecurity threat feeds to CISA stakeholders and
partners.
Section 303. The agreement modifies a provision limiting
expenses for administration of grants.
Section 304. The agreement continues a provision specifying
timeframes for information on certain grant awards.
Section 305. The agreement continues a provision requiring
a five-day advance notification for certain grant awards
under ``Federal Emergency Management Agency--Federal
Assistance.''
Section 306. The agreement continues a provision that
addresses the availability of certain grant funds for the
installation of communications towers.
Section 307. The agreement continues a provision requiring
a report on the expenditures of the DRF.
Section 308. The agreement continues a provision permitting
certain waivers to SAFER grant program requirements.
Section 309. The agreement continues a provision providing
for the receipt and expenditure of fees collected for the
Radiological Emergency Preparedness Program, as authorized by
Public Law 105-276.
Section 310. The agreement continues a provision allowing
the FEMA Administrator to waive certain requirements
pertaining to Assistance to Firefighter Grants.
Section 311. The agreement includes a provision adjusting
the cost share for major disasters and emergencies that
occurred or were declared in calendar years 2020 and 2021.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
OPERATIONS AND SUPPORT
The agreement provides $275,000,000 to address the USCIS
backlog by hiring additional personnel, including asylum
officers and refugee officers; increasing overtime; investing
in case file management support; provisioning equipment for
increased video interviewing capability; purchasing
information technology equipment and supplies; training;
travel; and providing for other related costs.
Within the total amount provided, $87,619,000 is available
until September 30, 2023, for application processing. Not
later than 45 days after the date of enactment of this Act,
USCIS shall brief the Committees on an updated spending and
hiring plan, which shall include the funding provided in
support of application processing, and shall also include a
detailed breakout, by mission critical occupation category,
of the total USCIS funded position levels, which shall
include positions supported by fee funding, to provide a
complete picture of USCIS's funded position levels for its
various workstreams, which shall then be used to compare
against realized hiring execution.
Asylum Processing.--Not later than 90 days after the date
of enactment of this Act, USCIS shall provide a report to the
Committees that details its efforts and specific actions, if
any, to reduce the backlog of asylum applications, while
ensuring that asylum applicants are properly reviewed for
security purposes.
Backlog Reporting and Processing Times.--USCIS shall
provide the Committees a plan within 60 days of the date of
enactment of this Act to establish a quarterly, public report
on all backlogs, frontlogs, and pending forms, for all form
types, which shall also indicate the form's processing goal.
Additionally, within 180 days of the date of enactment of
this Act, USCIS shall develop and brief the Committees on a
comprehensive Backlog Elimination Plan, modeled on prior
successful efforts by USCIS to eliminate their backlogs in
2004-2006, along with any associated staffing models to
support such plan. USCIS is directed to ensure that
timeliness performance measures for all forms are developed,
implemented, and routinely assessed. Within 90 days of the
date of enactment of this Act, USCIS shall report to the
Committees on measures implemented to promptly reduce
processing delays and provide the Committees a list of
adjudication processing goals and whether the goal is
required by statute, regulation, or is set internally.
Budget Justification Materials.--USCIS shall provide
additional detailed information and accounting level data in
its future budget justification materials to ensure
transparency and executability. Such details shall include
additional information regarding each adjustment to base and
program change from the prior year for each PPA, including
the PPAs within the Immigration Examinations Fee Account
(IEFA), and shall provide such information at the office-
level for the Administration PPA. Within 30 days of the date
of enactment of this Act, USCIS shall confer with the
Committees on the PPA structure to be used for future budget
requests.
Electronic Processing.--In addition to the requirements in
Section 4103 of the USCIS Stabilization Act (Public Law 116-
159) and not later than 90 days after the date of enactment
of this Act, and quarterly thereafter, USCIS is directed to
brief the Committees on its progress with further developing
and implementing the plan, which shall include the following
additional detailed information:
(1) cost and schedule plans for 12 months;
(2) cost and schedule actuals against the plans;
(3) identification and justification for slippage in cost
and/or schedule;
(4) identification of any risks, and mitigation strategies
to address such risks;
(5) identification of any technological challenges facing
the agency;
(6) an examination of whether expanded premium processing
could facilitate end-to-end electronic processing for all
immigration benefit requests, and if so, the resulting
project plan, including timelines and cost estimates for
USCIS and customers; and
(7) a plan for promoting public adoption, including by
engaging with industry partners as applicable.
USCIS shall specifically highlight the status of its
efforts to establish a centralized mechanism for asylum
seekers to apply for employment authorization online,
including a projected schedule for meeting anticipated
milestones. Further, USCIS shall review whether Form I-765
can be more narrowly tailored to reduce paperwork and
workloads, while still ensuring proper eligibility and
security and shall include its plan for achieving this goal,
including any anticipated resource savings and timeliness
metrics, in the next semi-annual briefing.
E-Verify.--USCIS shall examine and brief the Committees,
within 90 days of the date of enactment of this Act, on a
plan to implement an appeal process for a final non-
confirmation within the E-Verify system, as well as
improvements in outreach efforts and training tools to assist
employers in improving the accuracy of information they
submit into the system.
Fee Study.--USCIS shall ensure that the accompanying
documentation required by USCIS's fee study clearly indicates
the programs or efforts that prevent USCIS from obtaining
full cost recovery.
Use of Fee Waivers.--Within 90 days of the date of
enactment of this Act, USCIS shall brief the Committees on
its policies regarding the use of full and partial fee
waivers for applicants, petitioners, and requestors.
[[Page H2418]]
H-2A Visas.--USCIS shall, in consultation with the
Department of Labor, timely post public information provided
by employers on the Form I-129 and associated filings
regarding recruiters, recruiting agents, or agencies they
plan to use. USCIS shall also establish a process whereby
workers may confirm that they are the beneficiaries of H-2A
petitions and can receive information about their own
immigration status, including their authorized period of stay
and the status of any requested visa extensions.
H-2B Visas.--The Department shall, in consultation with the
Department of Labor, examine the impacts of the current H-2B
visa semiannual distribution on employers, employees, and
agency operations and provide the Committees a briefing on
the study not later than 180 days after the date of enactment
of this Act.
Military Naturalization Applications.--Absent exigent
circumstances or additional time applicants may need to
respond to Requests for Evidence or Notices of Intent to
Deny, USCIS shall ensure that military naturalization
applications are processed within six months, as was required
by the Military Personnel Citizenship Processing Act of 2008
(Public Law 110-382). USCIS is directed to continue to build
upon its military naturalization promotion program, in
conjunction with the Department of Defense, to ensure all
military service members and their families learn about and
consider their eligibility to apply for naturalization before
the military service member's separation from the military,
and to help military families navigate the naturalization
process. Not later than 90 days after the date of enactment
of this Act, USCIS shall brief the Committees on the status
of meeting these goals, including any efforts to streamline
processes and improve the overall experience for service
members and their families.
Quarterly Budget and Productivity Reporting.--USCIS shall
brief the Committees within 90 days of the date of enactment
of this Act, and quarterly thereafter, on budget operations,
including revenue projections, actual spending, and other
financial forecasts. At a minimum, the briefing shall detail
the spending of each directorate and office (compared to
projections), provide revenue and expenses delineated by form
type, other agency expenses including payments or transfers
to other Federal agencies, and carryover or reserve fund
projections and spending. USCIS shall ensure the agency
maintains a sufficient carryover balance to provide stability
amid fluctuating receipts. Additionally, USCIS shall develop
productivity measures that convey the baseline capacity and
capabilities for processing applications and petitions and
capture the impact of investments in personnel, technology,
or changes to processes and policies on such measures.
Updates on USCIS performance against these measures shall be
included with the quarterly budget reporting.
Refugee Admissions.--The Department shall submit to the
Committees and make available to the public on its website
not later than 90 days after the date of enactment of this
Act the following information for each of the fiscal years
2018 through 2021:
(1) the number of USCIS staff assigned to the Refugee Corps
at the Refugee Affairs Division of USCIS and the number of
refugee processing circuit rides conducted;
(2) the number of USCIS Refugee Corps officers assigned to
each circuit ride;
(3) the destination region and country for each circuit
ride;
(4) the number of refugee interviews conducted by USCIS;
and
(5) the number of approvals and denials issued by USCIS.
Report on Non-Immigrant Visas.--Within 180 days of the date
of enactment of this Act, USCIS shall provide to the
Committees a monthly report of non-immigrant visas granted to
individuals from each country subject to a designation of
Temporary Protected Status (TPS).
Trauma-Informed Support.--Within 180 days of the date of
enactment of this Act, USCIS shall brief the Committees on
any current training for employees who are regularly exposed
to, or engage with, trauma survivors.
Trusted Employer Program.--Within 60 days of the date of
enactment of this Act, USCIS shall provide a report to the
Committees on the operation of the pilot program from 2016 to
2020 for the Trusted Employer Program, including information
regarding any cost-savings to the agency, cost-savings to
petitioners, and operational and security benefits to the
agency.
Virtual Processes and Ceremonies.--Not later than 60 days
after the date of enactment of this Act, USCIS shall provide
the Committees with an analysis of the feasibility of
leveraging video and audio teleconferencing capabilities to:
(1) support remote refugee interviews; and
(2) remotely administer the oath of citizenship during
circumstances that impede the regular administration of
naturalization ceremonies.
Workload Staffing Modeling.--USCIS shall brief the
Committees within 90 days of the date of enactment of this
Act on a plan to develop a strategic agency-wide workload
staffing model that incorporates the impact of personnel,
existing assets, and capabilities on USCIS operations. The
model should reflect the impact of business transformation
initiatives such as IT, business process reengineering, and
the streamlining of data required on forms from applicants/
petitioners. While the model shall not assume that work will
be performed by employees detailed from other agencies to
perform core USCIS mission duties, the model shall
incorporate historical attrition and hiring delays to inform
realistic staffing on-board assumptions. The model should be
able to provide to USCIS data on the expected impacts that
changes in USCIS assets and capabilities are expected to have
on reducing backlogs and allow USCIS the ability to test how
changes in business processes and policies will impact their
workforce, assets, and customers.
Voter Registration for New Citizens.--USCIS shall examine
the feasibility of working with the appropriate State, local
official, or agency, to register new U.S. Citizens upon
completion of their oath ceremonies. Such examination shall
consider the barriers to such efforts and examine whether
USCIS can electronically transfer voter information to
facilitate voter registration upon successfully obtaining
U.S. Citizenship.
FEDERAL ASSISTANCE
The agreement provides $20,000,000 to support the
Citizenship and Integration Grant Program. In addition, USCIS
continues to have the authority to accept private donations
to support this program.
Federal Law Enforcement Training Centers
OPERATIONS AND SUPPORT
The bill provides the requested amount.
Interagency Training Centers.--The Department shall
continue working with the National Guard, as well as state
and local leaders, to identify opportunities to expand
domestic training locations on federal or state property,
particularly in regions that lack facilities for training
related to active shooters, dense urban terrain, and cyber
and electromagnetic response.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The bill provides the requested amount.
Science and Technology Directorate
OPERATIONS AND SUPPORT
The agreement provides $20,000,000 above the budget
request.
Forced Labor Analysis.--The agreement includes $5,000,000
above the request to develop analytic capabilities to assess
the impact of DHS and CBP actions and investments on world-
wide forced labor levels.
Projecting and Planning for Future Flow to U.S. Southwest
Border.--The agreement includes $15,000,000 to expand and
evolve the interagency models developed with CBP on the
impacts to Federal agencies of changes in flow to the border,
changes in policies, and changes in agency resources. Within
60 days of the date of enactment of this Act, Science &
Technology (S&T) and CBP, along with other DHS partners,
shall provide a briefing to the Committees on execution of
these funds and timeframe for delivery of model output to all
impacted agencies.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The bill provides an increase of $4,000,000 above the
request for biological decontamination, completing
environmental regulatory compliance activities, and
preserving historic assets at the Plum Island Animal Disease
Center.
RESEARCH AND DEVELOPMENT
The agreement provides $39,500,000 above the request for
Research and Development (R&D), including increases of
$25,000,000 for Research, Development, and Innovation; and
$14,500,000 for University Programs.
Research, Development, and Innovation
In developing a proposed allocation plan of its research,
development, and innovation funds, as described in House
Report 117-87, S&T is to consider funding ongoing meritorious
projects as referenced in the House Report 117-87, and the
following: up to $10,000,000 to support container
demonstrations and to evaluate new scalable container
security design improvements; up to $2,000,000 to develop
thermoplastic composite materials that improve sensor
integration; up to $6,000,000 to pursue research and
development related to data visualization and emerging
analytics; up to $3,000,000 for a pilot program with an
academic partner to support the use of statewide mesonets; up
to $5,000,000 for additional capabilities to improve the
detection and interdiction of threats encountered by CBP or
TSA; up to $1,500,000 for the ongoing maritime port
resiliency and security research testbed; up to $15,269,000
for the Detection Canine Program of which up to $10,000,000
may be used to pursue collaboration with end users; up to
$9,000,000 for enabling UAS research, of which up to
$4,000,000 may be used for the demonstration site to conduct
on-site testing and evaluation; up to $2,000,000 to work with
a university partner to evaluate cybersecurity training
materials and the social and behavioral impacts on protecting
local law enforcement entities and their respective
operations; up to $5,000,000 for entering into an Educational
Partnership Agreement to develop capabilities for maintaining
and improving the integrity of U.S. levee and dam systems; up
to $5,000,000 to research viable alternatives of concrete dam
design and performance; up to $4,000,000 for partnership
intermediary agreements; up to $2,000,000 for research, in
partnership with a National Laboratory, on the critical
infrastructure testbed for cybersecurity; up to $2,000,000
for the binational cooperative program; up to $4,500,000 for
collaboration with ICE HSI on the development of opioid-
related investigative, training, analytical and other
capabilities; and up to $5,000,000 for quality assurance and
continuous evaluation research on
[[Page H2419]]
voting technologies and election data security procedures.
Applied Research.--S&T shall continue to prioritize applied
research activities that provide innovative solutions to the
Department, its components, and their most integral
stakeholders. Despite the inclusion of R&D appropriations for
each component under the common appropriations structure, S&T
should be the central component for departmental R&D,
including R&D for other components. The Department shall
notify the Committees not less than 60 days in advance of any
reduction, discontinuation, or transfer from the custody of
the Undersecretary for Science and Technology of any research
and development activity that is being conducted by S&T as of
the date of enactment of this Act.
Binational Cooperative Program.--Within 180 days of the
date of enactment of this Act, S&T shall brief the Committees
on the outcome of each grant awarded through the program and
on any commercialization or transition to practice that has
resulted from the program's initiatives.
Biosurveillance and Security Test Capability.--S&T shall
work with the Office of Countering Weapons of Mass
Destruction to determine whether this capability is
supportive of the Biological Detection for the 21st Century
program within its current development cycle. Within 90 days
of the date of enactment of this Act, S&T shall provide the
Committees the results of the evaluation and a plan for test
bed capabilities that takes into account the development of
capability requirements and a bench scale testing plan to
model this capability.
Detection Canine Program.--Within 90 days of the date of
enactment of this Act, S&T shall provide a spend plan for the
Detection Canine Program and shall brief the Committees
semiannually thereafter on the program's status.
Improving Detection Capabilities for Aerosolized Biological
Threats.--Within 90 days of the date of enactment of this
Act, S&T shall provide a report on DHS future plans to
complete advanced development, transition, fielding and
sustainment of these critical detection capabilities for
aerosolized biological threats.
Minority Serving Institutions (MSIs) Program.--The
agreement directs the Department to ensure that this program
is open to MSIs, as defined in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
Research and Prototyping for IED Defeat Program (RAPID).--
Within 90 days of the date of enactment of this Act, S&T
shall provide a report on RAPID funding, developing
technologies and transition/training efforts to support
public safety across the Nation.
Silicon Valley Innovation Program (SVIP).--Within 90 days
after the date of enactment of this Act, S&T shall brief the
Committees on the SVIP's current and projected return on
investment.
Transitioning New Capabilities to Operational Components.--
S&T shall provide a briefing to the Committees, within 45
days of the date of enactment of this Act, on its plan to
partner with DHS agencies to develop key measures that
capture that impact and quantify a return on investment.
Within 120 days of the date of enactment of this Act, S&T
shall provide the Committees initial examples of the impact
of three R&D projects.
Work for Others.--Within 90 days of the date of enactment
of this Act, S&T shall brief the Committees on the
implementation and execution of the Work for Others program
within the NBACC.
University Programs
The agreement includes an increase of $12,000,000 above the
request for the Centers of Excellence for the development of
an independent assessment of the current state of border
security including associated requirements and $2,500,000
above the request for MSIs.
Efficacy of Investments in Border Security.--Within 180
days of enactment of this Act, S&T shall provide an initial
report assessing the efficacy of investments in border
security over the previous five years, and 12 months after
the initial report, provide a final report.
Countering Weapons of Mass Destruction Office
OPERATIONS AND SUPPORT
The agreement provides $19,550,000 above the request with
two years of availability, including $5,000,000 for the
Medical Information Exchange personnel and $14,550,000 for
child welfare professionals.
Chief Medical Officer (CMO).--The agreement amends a
provision in title V to allow the Secretary to establish a
new executive management office led by the CMO to better lead
and coordinate the Department's medical and public health
policies and operations.
Child Welfare Support at CBP Facilities.--The agreement
provides $14,550,000 above the request to the Office of the
CMO, to obtain the services of, at minimum, two full-time,
State-licensed child welfare professionals or equivalents per
each CBP sector along the southwest border. These providers
will provide care for children temporarily in CBP custody.
The CMO shall work in coordination with CBP and provide a
briefing within 60 days of the date of enactment of this Act,
on an execution plan for hiring child welfare support, to
include how the personnel will be deployed in the field and
how translation services will be provided. The agreement
further directs the CMO to develop and oversee implementation
of standards for providing physical and mental healthcare to
minors held in CBP custody within 180 days of the date of
enactment of this Act. Prior to implementation of these
requirements, the CMO shall brief the Committees on the
contents and scope of the requirements, and, within 90 days
of the date of implementation shall brief the Committees on
adoption of and compliance with these requirements.
Health Security.--The agreement directs the CMO, in
conjunction with other Federal partners, to develop and
implement effective health security contingency planning,
interagency coordination protocols and processes, and
regionally based training and exercises, to prepare the
Department for emergent circumstances such as future
pandemics, increased migrant flow, National Special Security
Events, Special Event Assessment Rating events, and Stafford
Act-declared disasters. These health security efforts should
also include all biological, chemical, and radiologic threats
to the United States as guided by Material Threat
Determinations and subsequent threat assessments by the
Department and the Intelligence Community. Prior to
implementation of this initiative, the CMO shall brief the
Committees on the contents and scope of the finalized
requirements. Within 90 days after implementation of these
health security efforts, the CMO shall brief the Committees
on adoption of and compliance with these requirements.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $5,000,000 above the request for
Medical Information Exchange.
Federal Assistance
BioWatch.--CWMD is directed to provide an update on the
status of BD21 and plans to replace BioWatch capabilities
within 120 days, including status on implementation of
recommendation from GAO-21-292, ``DHS Exploring New Methods
to Replace BioWatch and Could Benefit from Additional
Guidance.''
Securing the Cities.--CWMD is directed to provide an
updated implementation plan, within 120 days, for the
Securing the Cities program that incorporates a detailed
assessment on expenditures and their impact on achieving key
performance measures and program milestones.
TITLE IV--ADMINISTRATIVE PROVISIONS
Section 401. The agreement continues a provision allowing
USCIS to acquire, operate, equip, and dispose of up to five
vehicles under certain scenarios.
Section 402. The agreement continues a provision limiting
the use of A-76 competitions by USCIS.
Section 403. The agreement continues a provision requiring
reporting on certain USCIS activities.
Section 404. The agreement includes a provision related to
the collection and use of biometrics.
Section 405. The agreement continues a provision
authorizing the Director of FLETC to distribute funds for
expenses incurred in training accreditation.
Section 406. The agreement continues a provision directing
the FLETC Accreditation Board to lead the federal law
enforcement training accreditation process to measure and
assess federal law enforcement training programs, facilities,
and instructors.
Section 407. The agreement continues a provision allowing
the acceptance of transfers from government agencies into
``Federal Law Enforcement Training Centers--Procurement,
Construction, and Improvements''.
Section 408. The agreement continues a provision
classifying FLETC instructor staff as inherently governmental
for certain considerations.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
Section 501. The agreement continues a provision directing
that no part of any appropriation shall remain available for
obligation beyond the current year unless expressly provided.
Section 502. The agreement continues a provision providing
authority to merge unexpended balances of prior
appropriations with new appropriation accounts, to be used
for the same purpose, subject to reprogramming guidelines.
Section 503. The agreement continues a provision related to
reprogramming limitations and transfer authority.
The Department must notify the Committees on Appropriations
at least 15 days in advance of each reprogramming of funds
that would: (1) reduce programs, projects, and activities, or
personnel, by ten percent or more; or (2) increase a program,
project, or activity by more than $5,000,000 or ten percent,
whichever is less.
The term ``program, project, and activity'' (PPA) is
defined as each functional category listed under an account
heading in the funding table at the back of this explanatory
statement, along with each funding amount designated for a
particular purpose within the statement narrative, exclusive
of simple references to increases or reductions below the
budget request. Funding for each PPA should not be used for
the purposes of any other PPA. Within 30 days of the date of
enactment of this Act, the Department shall submit to the
Committees a table delineating PPAs subject to section 503
notification requirements.
[[Page H2420]]
For purposes of reprogramming notifications, the creation
of a new program, project, or activity is defined as any
significant new activity that has not been explicitly
justified to the Congress in budget justification material
and for which funds have not been appropriated by the
Congress.
Limited transfer authority is provided to give the
Department flexibility in responding to emerging requirements
and significant changes in circumstances, but is not intended
to facilitate the implementation of new programs, projects,
or activities that were not proposed in a formal budget
submission. Transfers may not reduce accounts by more than
five percent or augment appropriations by more than ten
percent. The Department must notify the Committees on
Appropriations not fewer than 30 days in advance of any
transfer.
To avoid violations of the Anti-Deficiency Act, the
Secretary shall ensure that any transfer of funds is carried
out in compliance with the limitations and requirements of
section 503(c). In particular, the Secretary should ensure
that any such transfers adhere to the opinion of the
Comptroller General's decision in the Matter of: John D.
Webster, Director, Financial Services, Library of Congress,
dated November 7, 1997, with regard to the definition of an
appropriation subject to transfer limitations.
Notifications should provide complete explanations of
proposed funding reallocations, including detailed
justifications for increases and offsets; any specific impact
the proposed changes are expected to have on future-year
appropriations requirements; a table showing the proposed
revisions to funding and full-time equivalents (FTE)--at the
account and PPA levels--for the current fiscal year; and any
expected funding and FTE impacts during the budget year.
The Department shall manage its PPAs within the levels
appropriated and should only submit reprogramming or transfer
notifications in cases of unforeseeable and compelling
circumstances that could not have been predicted when
formulating the budget request for the current fiscal year.
When the Department becomes aware of an emerging requirement
after the President's budget has been submitted to Congress
but prior to the enactment of a full-year funding Act for the
budget year, it is incumbent on the Office of the Chief
Financial Officer to timely notify the Committees. When the
Department submits a reprogramming or transfer notification
and does not receive identical responses from the House and
Senate Committees, it is expected to work with the Committees
to reconcile the differences before proceeding.
Section 504. The agreement continues a provision, by
reference, prohibiting funds appropriated or otherwise made
available to the Department to make payment to the Working
Capital Fund (WCF), except for activities and amounts allowed
in the President's fiscal year 2022 budget request. Funds
provided to the WCF are available until expended. The
Department can only charge components for direct usage of the
WCF and these funds may be used only for the purposes
consistent with the contributing component. Any funds paid in
advance or for reimbursement must reflect the full cost of
each service. The Department shall submit a notification
prior to adding a new activity to the fund or eliminating an
existing activity from the fund. For activities added to the
fund, such notifications shall detail the source of funds by
PPA. In addition, the Department shall submit quarterly WCF
execution reports to the Committees that include activity
level detail.
Section 505. The agreement continues a provision providing
that not to exceed 50 percent of unobligated balances from
prior-year appropriations for each Operations and Support
appropriation shall remain available through fiscal year
2023, subject to section 503 reprogramming requirements.
Section 506. The agreement modifies a prior year provision
that deems intelligence activities to be specifically
authorized during fiscal year 2022 until the enactment of an
Act authorizing intelligence activities for fiscal year 2022.
When such an authorization is enacted after the enactment of
this Act, amounts appropriated for Intelligence, Analysis,
and Operations Coordination--Operations and Support in excess
of the authorized amounts shall be transferred to Management
Directorate--Operations and Support.
Section 507. The agreement modifies a provision requiring
notification to the Committees at least three days before DHS
executes or announces grant allocations or grant awards
totaling $1,000,000 or more; an award or contract, other
transaction agreement, or task order on a multiple award
agreement, or to issue a letter of intent of greater than
$4,000,000; task or delivery orders greater than $10,000,000
from multi-year funds; or sole-source grant awards.
Notifications shall include a description of the projects or
activities to be funded and the location, including city,
county, and state.
Section 508. The agreement continues a provision
prohibiting all agencies from purchasing, constructing, or
leasing additional facilities for federal law enforcement
training without advance notification to the Committees.
Section 509. The agreement continues a provision
prohibiting the use of funds for any construction, repair,
alteration, or acquisition project for which a prospectus, if
required under chapter 33 of title 40, United States Code,
has not been approved.
Section 510. The agreement continues a provision that
includes and consolidates by reference prior-year statutory
provisions related to a contracting officer's technical
representative training; sensitive security information; and
the use of funds in conformance with section 303 of the
Energy Policy Act of 1992.
Section 511. The agreement continues a provision
prohibiting the use of funds in contravention of the Buy
American Act.
Section 512. The agreement continues a provision regarding
the oath of allegiance required by section 337 of the
Immigration and Nationality Act.
Section 513. The agreement modifies a provision that
precludes DHS from using funds in this Act to use
reorganization authority. This prohibition is not intended to
prevent the Department from carrying out routine or small
reallocations of personnel or functions within components,
subject to section 503 of this Act. This section prevents
large-scale reorganization of the Department, which should be
acted on legislatively by the relevant congressional
committees of jurisdiction. Any DHS proposal to reorganize
components that is included as part of a budget request will
be considered by the Committees.
Section 514. The agreement continues a provision
prohibiting funds for planning, testing, piloting, or
developing a national identification card.
Section 515. The agreement continues a provision directing
that any official required by this Act to report or certify
to the Committees on Appropriations may not delegate such
authority unless expressly authorized to do so in this Act.
Section 516. The agreement continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 517. The agreement continues a provision
prohibiting the use of funds to employ illegal workers as
described in Section 274A(h)(3) of the Immigration and
Nationality Act.
Section 518. The agreement continues a provision
prohibiting funds appropriated or otherwise made available by
this Act to pay for award or incentive fees for contractors
with below satisfactory performance or performance that fails
to meet the basic requirements of the contract.
Section 519. The agreement continues a provision
prohibiting the use of funds to enter into a federal contract
unless the contract meets requirements of the Federal
Property and Administrative Services Act of 1949 or chapter
137 of title 10, United States Code, and the Federal
Acquisition Regulation, unless the contract is otherwise
authorized by statute.
Section 520. The agreement continues a provision requiring
DHS computer systems to block electronic access to
pornography, except for law enforcement purposes.
Section 521. The agreement continues a provision regarding
the transfer of firearms by federal law enforcement
personnel.
Section 522. The agreement modifies a prior year provision
regarding funding restrictions and reporting requirements
related to conferences occurring outside of the United
States.
Section 523. The agreement continues a provision
prohibiting the use of funds to reimburse any federal
department or agency for its participation in a National
Special Security Event.
Section 524. The agreement modifies a prior year provision
requiring a notification, including justification materials,
prior to implementing any structural pay reform that affects
more than 100 full time positions or costs more than
$5,000,000, including the introduction of new position
classifications.
Section 525. The agreement continues a provision directing
the Department to post on a public website reports required
by the Committees on Appropriations unless public posting
compromises homeland or national security or contains
proprietary information.
Section 526. The agreement continues a provision
authorizing minor procurement, construction, and improvements
activities using Operations and Support funding.
Section 527. The agreement continues a provision to
authorize discretionary funding for the cost of primary and
secondary schooling of dependents in territories that meet
certain criteria.
Section 528. The agreement continues a provision providing
funding for ``Federal Emergency Management Agency--Federal
Assistance'' to reimburse extraordinary law enforcement
personnel overtime costs for protection activities directly
and demonstrably associated with a residence of the President
that is designated for protection.
Section 529. The agreement continues a provision extending
other transaction authority for the Department during fiscal
year 2022.
Section 530. The agreement continues a provision regarding
congressional visits to detention facilities.
Section 531. The agreement continues a provision
prohibiting the use of funds to use restraints on pregnant
detainees in DHS custody except in certain circumstances.
Section 532. The agreement continues and modifies a
provision prohibiting the use of funds for the destruction of
records related to the death, sexual abuse, or assault of
detainees in custody.
Section 533. The agreement continues and modifies a
provision prohibiting the use of federal funds for a
Principal Federal Official during a Stafford Act declared
disaster or emergency, with certain exceptions.
Section 534. The agreement continues a provision requiring
the identification of discretionary offsets when fee increase
proposals to support current activities assume
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the enactment of such proposals prior to the beginning of the
budget year.
Section 535. The agreement continues a provision related to
the Arms Trade Treaty.
Section 536. The agreement modifies a provision requiring
the submission of a report on unfunded priorities for which
appropriations would be classified as the 050 Budget function
category.
Section 537. The agreement continues a provision requiring
notifications and reporting related to the protection of
certain individuals.
Section 538. The agreement includes a provision
establishing a Department of Homeland Security Nonrecurring
Expenses Fund.
Section 539. The agreement includes a provision requiring
notifications and the submission of information to the
Committees related to DHS requests for resources from the
Technology Modernization Fund.
Section 540. The agreement continues a provision
prohibiting the use of funds for the transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba into or within the United States.
Section 541. The agreement includes a provision extending
an authority provided in title VI of division B of Public Law
116-136.
Section 542. The agreement includes a provision
appropriating an additional amount for CBP to offset the
pandemic-related loss of customs and user fee revenue.
Section 543. The agreement includes a provision
appropriating an additional amount for CBP, ICE, and FEMA to
address Border Management requirements.
Section 544. The agreement includes a provision rescinding
unobligated balances from CBP and reappropriates such funds
to the Management Directorate for Joint Processing Centers.
Section 545. The agreement includes a provision rescinding
unobligated emergency funds from CBP and reappropriates such
funds to the Management Directorate for Joint Processing
Centers.
Section 546. The agreement includes a provision rescinding
unobligated balances from specified sources.
Section 547. The agreement includes a provision rescinding
lapsed balances pursuant to Section 505 of division F of
Public Law 116-133.
Section 548. The agreement includes a provision rescinding
unobligated balances from the Disaster Relief Fund.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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